Home > 2.4 Complaints and appeals > HAITI - Opinion on the draft referendum decree
 
 
 
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Section 53.
 

Article 91 gives the State or any civil society association structure the right to refer a case to this complaints office. During the online interviews, the Provisional Electoral Council indicated that "the State" means the executive - the government or the Transitional Presidential Council. In comparative law, it is not common for the State to initiate electoral disputes, as it is up to the voter to defend his or her rights. As for "civil society association structures", the concept is not clear either: does it mean any association? In accordance with the Code of Good Practice for Referendums, and in order to make the process inclusive and in line with international standards, the Venice Commission recommends that (only) citizens be allowed to lodge appeals directly.31 The right of all voters to appeal is not only important to guarantee their right to vote, but also to allow other stakeholders to assess the scope and importance of irregularities.