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