"Electoral Justice" and what it offers the Philippines on electoral despute resolutions

Tuesday, 11 January 2011 03:10

Written by Dr. Edna E. A. Co

“Electoral Justice” (EJ) is not just the latest handbook produced by the International Institute for Democracy and Electoral Assistance (IDEA), an intergovernmental organization based in Sweden, but it is also an emerging global concept which packs a load of thoughts and approaches dealing with various issues related to electoral complaints and possible resolutions thereto.

International IDEA or IDEA for short, is an organization of 25 member states and the name of the institute says it all. It is involved in democracy building and electoral assistance mainly of the 25 member states, but not exclusively so because it also relates and deals with non-member states’ concerns on democracy and electoral issues. Unfortunately, the Philippines is not (yet) a member of IDEA. In spite of its non-membership, the Philippines has already been getting some support from IDEA particularly on discourses regarding electoral and democracy issues, such as the promotion of a democracy assessment. IDEA provides technical assistance and considers itself a knowledge organization, which means that it publishes works on global democracy and electoral issues. All its publications including the Philippine democracy assessment on “Rule of Law and Access to Justice” are available online at www.idea.int

The latest work of IDEA is a handbook called “Electoral Justice”, which came out in 2010.

Comparing various institutions, processes, and mechanisms on electoral justice across many countries, “Electoral Justice” shows how and why EJ is important. For one, it ensures that each action, procedure, and decision related to electoral process is in line with the law – whether the constitution or statutes. For another, EJ ensures that the electoral rights are restored and enjoyed, particularly those who think that their rights are violated, and that their complaints are heard and that they get adjudication.

From various global experiences EJ discusses how electoral rights are defended and that the processes are not marred by irregularities. Moreover, EJ presents both the formal and informal mechanisms of defending electoral rights. As we know, irregularities in the process may lead to electoral disputes, and this is why it is important to have some mechanisms and means to resolve disputes, or to even have some alternative resolution to disputes. There are some things which the Philippines may learn from other country experiences.

The EJ offers interesting insights not just for the Commission on Elections (COMELEC), but also for congress. The EJ is not just about the procedures and proceedings to enforce electoral rules, but it is also about mechanisms that are integral to the design and conduct of the electoral process. And quite interestingly, the IDEA handbook also tells that the system sits in and is influenced by the social-cultural as well as the political context of a country and its many electoral stakeholders.

This is not about the marketing of a new handbook on electoral justice. This is about a gentle reminder to congress and to our Comelec for them to think thru in between the election periods. I understand a representative of International IDEA is coming to Manila sometime in January to meet with the House of Representatives, among others. This should be a good occasion for an interesting discussion on electoral justice – a matter many Filipinos are not too mindful about, because this appears as simply a concern of those who have complaints. Fact is that electoral justice is very much a part of the election cycle.

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