Presentation on theme: "Legal Solutions to Disputes Related to Election Results Report presented by the Election Commission of Bhutan."— Presentation transcript:
Legal Solutions to Disputes Related to Election Results Report presented by the Election Commission of Bhutan
Outline of Presentation 1. Key features of the of the Bhutanese political and electoral system; 2. The legal context for the settlement of electoral disputes, violations or offences; and 3. Our experience in the conduct of the First Parliamentary Elections.
The Bhutanese Democracy Rights guaranteed by the Constitution Rights guaranteed by the Constitution The Head of State The Head of State Parliament Parliament (a) His Majesty the King, (b) the National Assembly; and (c) the National Council.
The Bhutanese Democracy (Continued) National Assembly National Assembly Number of seats Number of seats Political parties Political parties Primary Round; General Elections Primary Round; General Elections Head of Government Head of Government National Council National Council 25 members 25 members
The Bhutanese Democracy (Continued) Apolitical; those above politics Apolitical; those above politics Academic qualification Academic qualification Separation of powers Separation of powers Elected Local Governments Elected Local Governments District Council District Council County Committee County Committee Municipal Committee Municipal Committee
The Electoral System First Past the Post Election Commission of Bhutan Electoral Laws, rules, regulations, guidelines and strategies Election machinery in the districts Election and polling officials
The Electoral System (Continued) Voter Education ––B––Bhutan Electoral Education and Training Strategy (BEETS) ––M––Mock Elections State financing of the campaigns for Parliamentary elections
Legal Context for Disputes Election petition or an election appeal Election petition or an election appeal Parliamentary/ Local Government Parliamentary/ Local Government Time period Time period –Petition –Adjudication –Appeal Grounds Grounds Relief Claimed Relief Claimed
Legal Context for Disputes (Continued) Election Dispute Settlement System Election Dispute Settlement System –Legal Division of the Commission dismiss, investigate or hear dismiss, investigate or hear –The Election Dispute Settlement Body ‘Familiarization period’ ‘Familiarization period’
Legal Context for Disputes (Continued) Cases registered with the Commission Cases registered with the Commission –More than two-thirds of the complaints were from the familiarization period –Based on hearsay, without admissible evidence or misunderstanding of what constitutes a violation or an offence –Decisions - Administrative actions Public awareness and education activities Public awareness and education activities
The Parliamentary Elections 2008 Photo Electoral Roll and Voters’ Lists 865 polling stations E-Roll Search program and use of computers Extraordinary circumstances Voter turn-out ––N––National Council Elections – 53% ––N––National Assembly Elections – 79.4%
Lessons from Experience Learning from Experience Programme (LEP) Learning from Experience Programme (LEP) Positive feedback Positive feedback Specific to election disputes Specific to election disputes –Legal provisions and implementation issues –Use of Electronic Voting Machines –Public education and awareness Role of the Media Role of the Media