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Legal Solutions for Bhutanese Election Result Disputes

Presentation by Bhutan Election Commission on legal context, electoral system, dispute settlement, and lessons from 2008 elections in Bhutanese democracy.

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Legal Solutions for Bhutanese Election Result Disputes

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  1. Legal Solutions to Disputes Related to Election ResultsReport presented by the Election Commission of Bhutan

  2. Outline of Presentation • Key features of the of the Bhutanese political and electoral system; • The legal context for the settlement of electoral disputes, violations or offences; and • Our experience in the conduct of the First Parliamentary Elections.

  3. The Bhutanese Democracy • Rights guaranteed by the Constitution • The Head of State • Parliament (a) His Majesty the King, (b) the National Assembly; and (c) the National Council.

  4. The Bhutanese Democracy (Continued) • National Assembly • Number of seats • Political parties • Primary Round; General Elections • Head of Government • National Council • 25 members

  5. The Bhutanese Democracy (Continued) • Apolitical; those above politics • Academic qualification • Separation of powers • Elected Local Governments • District Council • County Committee • Municipal Committee

  6. 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

  7. The Electoral System(Continued) • Voter Education • Bhutan Electoral Education and Training Strategy (BEETS) • Mock Elections • State financing of the campaigns for Parliamentary elections

  8. Legal Context for Disputes • Election petition or an election appeal • Parliamentary/ Local Government • Time period • Petition • Adjudication • Appeal • Grounds • Relief Claimed

  9. Legal Context for Disputes(Continued) • Election Dispute Settlement System • Legal Division of the Commission • dismiss, investigate or hear • The Election Dispute Settlement Body • ‘Familiarization period’

  10. Legal Context for Disputes(Continued) • 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

  11. 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 • National Council Elections – 53% • National Assembly Elections – 79.4%

  12. Lessons from Experience • Learning from Experience Programme (LEP) • Positive feedback • Specific to election disputes • Legal provisions and implementation issues • Use of Electronic Voting Machines • Public education and awareness • Role of the Media

  13. The Pursuit of a Vibrant Democracy

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