legal solutions to disputes related to election results report presented by the election commission...
TRANSCRIPT
Legal Solutions to Disputes Related to Legal Solutions to Disputes Related to
Election ResultsElection Results
Report presented by the Election Report presented by the Election
Commission of BhutanCommission of Bhutan
Outline of PresentationOutline of Presentation
1.1. Key features of the of the Bhutanese Key features of the of the Bhutanese political and electoral system;political and electoral system;
2.2. The legal context for the settlement The legal context for the settlement of electoral disputes, violations or of electoral disputes, violations or offences; and offences; and
3.3. Our experience in the conduct of the Our experience in the conduct of the First Parliamentary Elections.First Parliamentary Elections.
The Bhutanese The Bhutanese DemocracyDemocracy Rights guaranteed by the Rights guaranteed by the
Constitution Constitution
The Head of StateThe Head of State
Parliament Parliament (a) His Majesty the King, (a) His Majesty the King,
(b) the National Assembly; and (b) the National Assembly; and
(c) the National Council. (c) the National Council.
The Bhutanese The Bhutanese Democracy Democracy (Continued)(Continued)
National AssemblyNational Assembly Number of seatsNumber of seats Political partiesPolitical parties Primary Round; General Primary Round; General
ElectionsElections Head of GovernmentHead of Government
National Council National Council 25 members25 members
The Bhutanese The Bhutanese Democracy Democracy (Continued)(Continued)
Apolitical; those above politics Apolitical; those above politics Academic qualificationAcademic qualification Separation of powersSeparation of powers Elected Local Governments Elected Local Governments
District CouncilDistrict Council County CommitteeCounty Committee Municipal CommitteeMunicipal Committee
The Electoral SystemThe Electoral System
First Past the PostFirst Past the Post Election Commission of BhutanElection Commission of Bhutan Electoral Laws, rules, regulations, Electoral Laws, rules, regulations,
guidelines and strategies guidelines and strategies Election machinery in the districtsElection machinery in the districts Election and polling officialsElection and polling officials
The Electoral SystemThe Electoral System (Continued)(Continued)
Voter Education – Bhutan Electoral Education and
Training Strategy (BEETS) – Mock Elections
State financing of the campaigns for Parliamentary elections
Legal Context for DisputesLegal Context for Disputes
Election petition or an election Election petition or an election appealappeal
Parliamentary/ Local GovernmentParliamentary/ Local Government Time periodTime period
– PetitionPetition– AdjudicationAdjudication– AppealAppeal
GroundsGrounds Relief ClaimedRelief Claimed
Legal Context for DisputesLegal Context for Disputes (Continued)(Continued)
Election Dispute Settlement Election Dispute Settlement System System
– Legal Division of the CommissionLegal Division of the Commission dismiss, investigate or heardismiss, investigate or hear
– The Election Dispute Settlement BodyThe Election Dispute Settlement Body
‘‘Familiarization period’ Familiarization period’
Legal Context for DisputesLegal Context for Disputes (Continued)(Continued)
Cases registered with the Cases registered with the Commission Commission
– More than two-thirds of the complaints More than two-thirds of the complaints were from the familiarization periodwere from the familiarization period
– Based on hearsay, without admissible Based on hearsay, without admissible evidence or misunderstanding of what evidence or misunderstanding of what constitutes a violation or an offenceconstitutes a violation or an offence
– Decisions - Administrative actionsDecisions - Administrative actions
Public awareness and education Public awareness and education activitiesactivities
The Parliamentary The Parliamentary Elections 2008Elections 2008
Photo Electoral Roll and Voters’ Lists
865 polling stations E-Roll Search program and use of
computers Extraordinary circumstances Voter turn-out
– National Council Elections – 53%– National Assembly Elections – 79.4%
Lessons from Lessons from ExperienceExperience
Learning from Experience Learning from Experience Programme (LEP)Programme (LEP)
Positive feedback Positive feedback Specific to election disputesSpecific to election disputes
– Legal provisions and implementation Legal provisions and implementation issues issues
– Use of Electronic Voting MachinesUse of Electronic Voting Machines– Public education and awarenessPublic education and awareness
Role of the Media Role of the Media
The Pursuit of a Vibrant DemocracyThe Pursuit of a Vibrant Democracy