1.6 Strengthening the
observation of election
dispute resolution
All citizens have the right to participate in
government, directly or by representatives
chosen through genuine democratic
elections. However, conflicts can arise even in
the most democratic electoral process. OSCE
commitments and other international obligations
and standards not only guarantee electoral
rights, but in such cases also provide guidance
when electoral disputes occur. The rules and
procedures in place for any given election should
allow voters to challenge violations through an
effective system of election dispute resolution
that addresses their concerns within reasonable
deadlines and takes into consideration due
process guarantees. Ensuring access to legal
redress during the electoral process is important
to increase public trust in elections, contribute
to the legitimacy of the government, and protect
voters’ rights.
ODIHR’s most visible flagship activity continues
to be observation and assessment of elections
throughout the region. In 2019, ODIHR observed
15 elections and provided comprehensive
assessments and recommendations on where
states could improve their elections. ODIHR’s
election observation methodology takes a
comprehensive, long-term view of electoral
processes, and electoral dispute resolution is
a critical element of this. While assessment
of election-related complaints and appeals
procedures was already contained in ODIHR’s
general election observation manuals, in
2019 the Office issued a new publication, the
Handbook for the Observation of Election
Dispute Resolution. This consolidates and
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DEMOCRACY AND HUMAN RIGHTS IN THE OSCE
refines established practice for observing
election dispute resolution. It informs and
provides guidance to ODIHR observers, as
well as other international and citizen observer
organizations, about essential principles and
international good practice related to the
handling of electoral disputes.
The handbook applies to all formats of ODIHR
observation activity, from full-scale Election
Observation Missions that follow the entire
election process, to Election Expert Teams,
which generally only examine selected aspects
of an election. It combines explanations of the
guiding principles and international standards
for election dispute resolution with practical
advice for observers on how to assess the
handling of such disputes.
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