Guidelines to Assist National Minority Participation in the Electoral Process IX. Page: 26 • Equality of voting strength. Electoral district boundaries should be drawn so that districts are relatively equal in population size. These districts allow voters to have an equally weighted vote in the election of representatives. • Reciprocity. The procedure for delimiting electoral districts should be clearly spelt out in legislation so that the rules regulating the process are the same, regardless of who is drawing the district boundaries. If the redistricting process is to be non-partisan, then all political parties must refrain from attempting to influence the outcome. If political concerns are permitted to play a role in the process, then all political parties must be given access to the process. The rules must be clearly understood and must be accessible to all relevant political parties and participants in the redistricting process. ENSURING FAIR CONDUCT OF ELECTIONS: THE ADMINISTRATION OF THE ELECTIONS The guidelines and options detailed above are essentially mechanisms and legislative prescriptions which are intended to address the issue of minority representation and to prevent discrimination against minorities. The real efficacy of these provisions will however depend on two critical factors. Firstly, the strong commitment of all major political parties and actors to ensure that these provisions and mechanisms are effectively installed and maintained, with specific attention being given to monitoring mechanisms. Monitoring mechanisms could include joint committees or commissions which would ensure compliance by parties of electoral codes of conduct or other provisions which may be designed to ensure that there is no discrimination against national minorities and that the electoral process takes place in an atmosphere which is both free and fair. In this respect, it is necessary to give attention to the appropriate adjudicatory mechanisms (electoral courts / tribunals) which would be responsible for both compliance and sanction in the event of breach. Adjudicatory Mechanism The issue of disputes / complaints that arise during the course of an electoral process is one which gives rise to much debate and, in certain cases, controversy.29 These disputes and complaints would include those which relate to behaviour and conduct as well as those of an administrative nature which pertain to the electoral process and effect the equity and fairness of that process. There are a number of different approaches and structures which are used to address electoral disputes, certain of which have proved to be effective, while others have been used at great financial cost and with disastrous consequences for the electoral process and, in certain instances for the democratic process. The primary issue is the manner and efficacy with which electoral disputes are resolved. In addressing the issue of the resolution of electoral disputes, the following aspects should be emphasised: The importance of a comprehensive legislative framework for electoral dispute resolution; The adoption and use of independent systems or institutions in relation to the resolution of electoral disputes and complaints; The implementation of cost effective models and systems of electoral justice and dispute resolution; The need for consistency, reliability and stability in the administration of electoral justice; The need for the constructive, timely and effective resolution of disputes and complaints; • • • • • 29 OSCE/ODIHR publication “Resolving Election Disputes in the OSCE Area: Towards a Standard Election Dispute Monitoring System”, Warsaw, October 2000.