ELECTORAL ALTERNATIVE DISPUTE RESOLUTION FOR ELECTORAL MANAGEMENT BODIES IN THE SADC REGION MITIGATING ELECTION RELATED DISPUTES By: Ahmed Issack Hassan, EBS CHAIRPERSON INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) KENYA

INTRODUCTION To ensure that elections are free, there should be sufficient time for preparation Candidates should not be deprived of their right to stand and voters their right to vote for their candidates of choice Election procedures should guarantee the secrecy of the ballot Election laws and guidelines should be made and published in good time Fairness and transparency must be adhered to in all stages of the electoral process Election offenders should be subjected to severe sanctions EMB’s must consider and determine election disputes fairly and expeditiously

ELECTORAL SECURITY Causes of Election related violence are many and complex, so it would be naïve to assume any single approach could eliminate the risk of violence. However, EMB’s and stakeholders can take pre-emptive measures to mitigate electoral violence. Electoral Security Arrangement Project (ESAP) Joint project of IEBC and the Kenya Police with an overall goal of putting in place election security coordination and management framework before, during and after an electoral activity ESAP seeks to strengthen the capacity of IEBC and the Kenya Police in handling election related security events through training and production of reference materials ESAP aims to build capacity of law enforcement agencies to understand electoral laws It aims to build solid partnership between EMB’s and law enforcement agencies Also aims to socialize electoral and Security officials to ensure there is a cordial working relationship

Election Risk Management Tools (ERMT) It is designed to empower those with immediate responsibility or specific interest in preventing election related violence The tool aims to build the user’s capacity in understanding electoral risk factors, generating risk analysis, design prevention and mitigation strategies and record results of action The risk factors can either be internal or external Internal Risk Factors These are factors within the control of EMB’s. They could be: defective electoral laws, inadequate training of election officials, inadequate budgeting e.t.c External Risk factors These are factors outside the control of the EMB’s e.g presence of organized gangs, hate speech, terrorism e.t.c

Electoral Code of Conduct Through the Political Parties Liaison Committees (PPLC) the Commission engages candidates and their agents in ensuring compliance with the law The Electoral code of conduct is signed by every election officer, candidate and their agents before the conduct of an election The object of the code of conduct is to promote conditions conducive for a free, fair and credible election and a climate of tolerance. It commits Political Parties and Candidates to condemn, avoid and take steps to prevent violence and intimidation

Media Engagement Media is a key stakeholder in elections There is need to engage them on a continuous basis and share the electoral calendar Guidelines on responsible reporting must be developed and adhered to The media should embrace conflict sensitive reporting

UNDERSTANDING ELECTORAL VIOLENCE AND SECURITY TRIGGERS Electoral violence in Africa has been attributed to the lack of a democratic culture It is a coercive and deliberate strategy used by political actors Electoral violence can occur in either phase of the electoral process

Causes of Electoral Violence The causes are multifaceted and be divided into either structural or factors related to the electoral process and the electoral contest itself Election winning is seen as a matter of survival Income inequalities, poverty and unemployment Corrupt, incompetent and biased media “Uncivil” Civil Society Organizations Ethnic/tribal divisions and unresolved injustices Winner Takes All/ Zero sum game Regional insecurity Regional and international interest in the outcome of elections Politicians refusal to concede or accept defeat

MITIGATING RISKS TO THE ELECTORAL PROCESS Creating independent and professional institutions Credible Electoral Dispute Resolution Mechanisms Conducting free, fair and credible elections that meet national, regional and international standards Choice of Electoral System to avoid “winner Takes All “ situation Devolution of Power and resources from the Centre to the regions Use of early warning systems to deter violence Creating forums for Political Parties to meet ( Political Parties Liaison Committees) Holding individuals personally accountable for actions that promote or provoke violence Strong committed regional and international mediation Use of IDEA’s Electoral Risk Management Tool (ERMT) Use of Parallel Vote Tabulation (PVT)

CONCLUSION Risks associated with an electoral process can be mitigated by: i.Improved Electoral Security ii.Improved Peace architecture iii.Improved Electoral Management and Justice iv.Use of International IDEA’s Electoral Risk Management Tool (ERMT) Thank you