Observation of the parliamentary elections in the Kyrgyz Republic (28 November 2021)
Election observation report
| Doc. 15427
| 06 January 2022
1 Introduction
1. On 20 September 2021, Ms Nurzhan
Shaildabekova, Chairperson of the Central Commission for Elections
and Referenda of the Kyrgyz Republic (CEC), sent the Parliamentary
Assembly an official invitation to observe the parliamentary elections
of the Jogorku Kenesh (parliament) to be held on 28 November 2021. On
30 September 2021, the Bureau of the Assembly decided to observe
these elections and for this purpose, constituted an ad hoc committee
composed of 11 members (SOC: 3, EPP/CD: 3, ALDE: 2; EC/DA: 2 and
UEL: 1), approved the composition of the ad hoc committee and appointed
Ms Marina Berlinghieri as its Chairperson (see Appendix 1).
2. In accordance with the co-operation agreement signed between
the Parliamentary Assembly and the European Commission for Democracy
through Law (Venice Commission) on 4 October 2004, a representative from
the Venice Commission was invited to join the ad hoc committee as
legal adviser.
3. The ad hoc committee operated as part of an International
Election Observation Mission (IEOM) which also included observers
from the Parliamentary Assembly of the Organisation for Security
and Co-operation in Europe (OSCE) and the election observation mission
of the Office for Democratic Institutions and Human Rights of the
OSCE (OSCE/ODIHR).
4. The ad hoc committee met in Bishkek from 26 to 29 November
2021. Under the joint briefing programme, it met with leaders and
representatives of the main political parties contesting the elections,
the Chairperson of the CEC, the head of the OSCE/ODIHR election
observation mission and her team, and representatives of civil society,
international organisations and the media. The programme of the
ad hoc committee’s meetings is set out in Appendix 2.
5. On Election Day, 28 November 2021, the ad hoc committee split
into seven teams which were deployed in Bishkek and the surrounding
areas and in the localities of Kant, Sokoluk, Tokmok and Cholpon-Ata.
6. The IEOM concluded that the parliamentary elections in Kyrgyzstan
were competitive, but they lacked meaningful voter engagement due
to a stifled campaign, constitutional changes weakening parliament
and extensive legislative changes to key aspects of the election.
Generally adequate election legislation was undermined by limitations
on civil and political rights as well as diminished separation of
powers and the independence of the judiciary. Voters had a wide
range of political options to choose from. Election preparations
were handled efficiently by the election administration, and election
day was peaceful. The press release issued by the international
election observation mission can be found in Appendix 3.
7. The ad hoc committee wishes to thank the authorities of the
Kyrgyz Republic for the support provided, as well as the heads and
members of the parliamentary delegations of the OSCE Parliamentary
Assembly and the OSCE/ODIHR EOM for their outstanding co-operation.
2 Political
context and legal framework
8. The Kyrgyz Parliament Jogorku
Kenesh was the first and only one of Central Asian countries to
receive the partner for democracy status with the Assembly in 2014.
On 8 April 2014, the Assembly adopted
Resolution 1984 (2014) in which it considered that the following issues relating
to elections were of key importance:
- holding free and fair elections in accordance with relevant
international standards and improving the electoral legal framework
in co-operation with the Venice Commission;
- enhancing public interest in, and awareness of, the democratic
process, as well as ensuring a higher level of participation in
elections and involvement of citizens in political life;
- strengthening public monitoring of elections by independent
observers, including strengthening the capacities of domestic observer
networks.
9. On 4 October 2015, the Assembly observed the parliamentary
election and concluded that “[t]he parliamentary elections in Kyrgyzstan
were competitive and offered voters a wide choice; voters were able
to choose freely from among a large number of candidates. Voting
was also transparent; polling day was calm and the voting quite
well organised. Nevertheless, Kyrgyzstan needs to improve its electoral
legal framework, and more particularly its implementation, to guarantee
the constitutional right of all citizens to participate in elections,
to improve their biometric data protection and to make strict regulations
concerning their use. The transparency of election campaign and
political party financing should be reinforced”.
10. The Assembly also observed the 2011 and 2017 presidential
elections in the Kyrgyz Republic. Because of the travel constraints
imposed by the Covid-19 pandemic, it could not observe the 4 October
2020 parliamentary elections, nor the 10 January 2021 presidential
election. The OSCE/ODIHR Limited Election Observation Mission on
5 October 2020 concluded that “these elections took place under
improved legislation and fundamental rights and freedoms were overall
respected. The campaign was competitive and candidates could, in
general, conduct their activities freely, but credible allegations
of vote buying remain a serious concern. The elections were managed
efficiently, despite the challenges posed by the COVID-19 pandemic, but
a number of controversial CEC decisions raised questions about its
impartiality. While public broadcasters fulfilled their obligation
to provide free airtime to contestants, and overall lack of critical
journalistic reporting and issue-based debate reduced the quality
and variety of information available to voters. Election day was orderly
and the process was generally transparent and well administered,
although health protocols were not always followed.”
11. The term of the mandate of the parliament, elected on 4 October
2015, was due to end in October 2020. However, as a result of civil
unrest, following credible allegations of electoral fraud, the CEC
cancelled the results of these elections two days later. Sadyr Japarov
Note,
a former MP freed from prison during the political uprising, was
installed as caretaker Prime Minister. On 15 October 2021, following
the resignation of President Sooronbay Jeenbekov, Sadyr Japarov
assumed the interim presidency as well.
12. On 21 October 2020, in accordance with Articles 38 and 63
of the Constitutional Law of the Kyrgyz Republic “On Elections of
the President of the Kyrgyz Republic and Deputies of the Jogorku
Kenesh of the Kyrgyz Republic”, the CEC decided to call repeat elections
and set the election date as 20 December 2020. However, a day later,
the parliament passed, in three readings, the Constitutional Law
“On the suspension of certain norms of the Constitutional Law of
the Kyrgyz Republic “On Elections of President of the Kyrgyz Republic
and Deputies of Jogorku Kenesh of the Kyrgyz Republic”, which suspended
Articles 38 and 63 and the decision was taken that the repeat elections
should be announced in accordance with the legislation of the Kyrgyz
Republic, but no later than 1 June 2021.
13. Between mid-October and early November 2020, at the initiative
of Mr Japarov, parliament proposed a new Constitution introducing
a presidential form of government with significantly increased powers
for the president. On 17 November 2020, following the request by
the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic,
the Venice Commission published an urgent
amicus
curiae brief concluding that
during a period of prorogation, namely of diminished powers, the
parliament should only be allowed to carry out some ordinary functions,
and not to approve extraordinary measures, including constitutional
reforms and emphasising that any suspension of the elections should
be for the shortest time possible.
Note However, on 2 December 2020, the
Constitutional Chamber ruled that the parliament had acted constitutionally
when postponing the elections for the sake of the constitutional
reform, arguing that it was an exceptional necessity in a period
of instability.
14. On 10 January 2021, the presidential election was held, which
saw the victory of Sadyr Japarov who received 79% of the votes.
The general turnout was as low as 33%. Alongside the presidential
election, a constitutional referendum was called, asking voters
to choose between their preferred form of government. 84% of those
who voted opted for a presidential form of government rather than
a parliamentary system, which also enabled the extension of presidential
powers.
15. The change to a fully presidential system was initiated by
President Japarov, who since taking office in January 2021 has significantly
shaped the current political environment and taken decisions shifting
the balance of power in the country which was hitherto considered
one of Central Asia’s most prominent democracies. He immediately
postponed the parliamentary elections to autumn 2021. A new draft
of the Constitution was unveiled in February 2021, which resulted
in another call for another referendum. On 19 March 2021, the Venice
Commission and the OSCE/ODIHR adopted a Joint Legal Opinion on the
draft Constitution,
Note which concluded that some provisions
of the draft legislation threatened the necessary balance of power
and the protection of individual freedoms essential to democracy
and the rule of law.
16. On 11 April 2021, the constitutional referendum to approve
the new Constitution took place at the same time as local elections.
In total, 36.7% of eligible voters took part in the referendum (whilst
the required threshold was 30%), of whom 79.2% voted in favour of
the presidential Constitution.
17. The new Constitution entered into force on 5 May 2021, changing
the form of government from parliamentary to presidential, in line
with the results of the January 2021 referendum. It reduced the
size of the parliament by 25% and gave the President the power to
appoint judges and heads of law enforcement agencies. The President
is hitherto able to serve two five-year terms, as opposed to the
earlier single six-year term. The new Constitution also granted
the President the power to initiate laws and referendums, which
had previously been the prerogative of parliament. Moreover, the
President now has the right to name the chairman of the cabinet
of ministers (the post of prime minister was abolished) and to strip
MPs of their immunity from criminal prosecution.
18. Furthermore, Article 7 of the new Constitution also granted
power to a new institution – the national
kurultai (a
public-representative assembly). The
kurultai has
key prerogatives including the ability to propose the dismissal
of members of the Cabinet of Ministers and heads of executive bodies,
the right of legislative initiative and the power to participate
in the appointment of one third of representatives of the Judicial
Council.
Note The
rationale for introducing this new body, with such broad prerogatives
and with no accountability, is neither clear nor justified. Also,
its status vis-à-vis the Jogorku Kenesh, as “the highest representative
body”, is unclear.
19. On 21 April 2021, the caretaker parliament, whose mandate
had been prolonged until the end of June, passed a draft law for
amending the Criminal and Criminal Procedural Codes to broaden the
scope for criminal prosecution of organisations deemed “extremist”
to include those found to incite “political enmity”. Human Rights
Watch has estimated that this reform could put the political opposition
and human rights groups at greater risk.
20. On 17 June 2021, the caretaker parliament adopted a draft
law that requires further financial reporting requirements for NGOs
operating in the country. President Japarov signed it into law on
26 June 2021. Largely mirroring Russian’s “foreign agent law”, the
law imposes onerous financial and reporting requirements on NGOs,
which many NGO representatives consider dangerous for NGOs’ continuing
operation in Kyrgyzstan.
21. On 28 July 2021, the parliament passed the “Law on Protection
from False and Inaccurate information”. This law, promulgated by
President Japarov in August 2021, allows the government to block
certain types of online information without a court order. Human
Rights Watch has claimed that this law is a grave threat to human
rights and freedom of expression in the country and could lead the
way to State-managed censorship. The legislation was initially proposed
in June 2020 by two MPs who claimed that it would help “protect
the honour and dignity of people smeared with false claims online”
but it was rejected by the parliament. However, according to the
International Fact-Checking Network (IFCN), the law is identical
to Russian legislation, passed in 2014, that restricts the use of
information and telecommunication networks. When the law was brought before
parliament in June, it initially failed to secure of the votes of
enough MPs. However, less than a month later however, it was adopted
by the parliament without mandate, following a plea from President
Japarov to MPs.
22. Despite several international bodies initially having hailed
the presidential election as “an important step to return Kyrgyzstan
to political stability”
Note in January 2021, the beginning of
President Japarov’s election has seen Kyrgyzstan suffer a serious
democratic backslide, with a drop in its Freedom House world ranking
down to “not free” category. Several activists and academicians
who criticised the authorities have been charged with treason after
being accused of calling for a violent seizure of power. According
to Reporters Without Borders (RSF), journalists and bloggers have
been targeted for speaking out against alleged corruption in both
the public and private sectors. Kyrgyzstan was ranked 79 out of
180 countries in the 2021 World Press Freedom Index.
23. Under the new Constitution, the balance of power is being
increasingly shifted to the executive, with the President able to
dismiss ministers at will. On 12 October 2021, a month before the
legislative elections, President Japarov reshuffled the government,
appointing the Minister of Economy and Finance Akylbek Japarov (no
relation to the President) as Chairman of the Cabinet of Ministers,
merging the positions of prime minister and head of the president’s
office. Only one woman (out of 19) is represented in the new cabinet
– Ms Dinara Kutmanova, Minister of Natural Resources, Environment
and Technical Supervision.
24. Just days before the elections, Kyrgyzstan’s State Committee
for National Security (UKMK) announced the arrest of 15 suspects
in an alleged conspiracy for a violent seizure of power. The names
of those arrested were not revealed, however, it had a chilling
effect on the election campaign.
25. The legal framework for parliamentary elections includes:
- the 2021 Constitution of the
Kyrgyz Republic;
- the Constitutional Law of the Kyrgyz Republic “On Elections
of the President of the Kyrgyz Republic and Deputies of the Jogorku
Kenesh of the Kyrgyz Republic” (last amended in august 2021; hereafter
“the Electoral Law”);
- the Law on Central Commission for Elections and Conduct
of Referenda (from June 2021; hereafter “Law on Elections Commission”);
- the Law on Electoral Commissions for organisation of Elections
and Referendums (from June 2011; hereafter “Law on Elections and
Referendums Commissions”).
26. There are also provisions dealing with electoral processes
in the Code of Administrative Procedures and the Criminal Code as
well as instructions and decisions issued by the CEC. Other applicable
legislation includes the Law on Political Parties and the Law on
Demonstrations.
27. The new Constitution does not provide any indication of the
new electoral system. However, on election-related matters, the
Constitution introduced several clauses that restrict some civil
and political rights, contrary to Venice Commission and ODIHR recommendations.
For instance, it introduced the possibility to recall MPs, raised
the eligibility age to run for parliamentary elections from 21 to
25 years of age and granted the President a key role in the appointment
of judges at national and local level.
28. The new Electoral Law, initiated by the President, was approved
by the parliamentary committee on constitutional law on 27 July
2021 and signed into law by the President on 27 August, just three
days before the beginning of the election campaign, which failed
to grant voters and election officials sufficient opportunity to
familiarise themselves with the new system and procedures. The changes
were adopted by the caretaker parliament through an expedited procedure
that did not provide any inclusive or meaningful consultations and compromised
the stability of the electoral law.
29. According to the amended law, the total number of members
of parliament decreased from 120 to 90, out of which 54 members
are elected by proportional representation in a single nationwide
constituency and 36 are elected from single mandate constituencies,
on the basis of a majoritarian electoral system.
Note A candidate no longer has to be
a registered resident of the constituency in which he/she chooses
to contest.
30. To qualify for the distribution of seats in the proportional
component, political parties must pass a 5% threshold of votes cast
nationwide and 0.5% in each of the seven regions and in the cities
of Bishkek and Osh. Despite the number of votes received, a party
can only receive a maximum of 27 seats through the proportional component.
If, as a result of voting, one party wins more than 27 mandates,
the remaining mandates will be distributed among the parties that
passed the thresholds. The law does not foresee what will happen
if only one party passes the threshold. While it may be intended
to promote pluralism, the limitation on the number of parliamentary
seats that a party can win challenges the principle of the equality
of the vote and the free expression of voters’ will.
31. Party lists are required to have at least 30% of the candidates
from each gender, and every fourth candidate has to be of a different
gender. Each list is also required to have at least 15% of the candidates
being from ethnic minorities and 15% under 35 years old, as well
as at least two candidates with disabilities. In single mandate
constituencies, the candidate who receives the most votes cast in
the district is elected. Some analysts argued from the outset that
the changes to electoral rules would diminish the number of women
in parliament. The 30% quota for women, people with disabilities,
and youth candidates on party lists remains in place, but only for
the 54 seats filled via preferential voting or party list. Single-mandate
contests traditionally favour male candidates thus making it tremendously
difficult for women and other under-represented groups to contest
those seats.
32. Several other changes were introduced by the new amendments.
For example, parties registered less than six months before election
day are now eligible to enter candidates, which led to the mushrooming
of new parties before the elections. Indeed, 73 mostly new formations
of contesting parties applied and 21 were registered for the 2021
parliamentary elections. In addition, a limit on the number of hired
campaigners was introduced: for political parties no more than 10 000
and for single-mandate deputies no more than 500 people could be
mobilised during the campaigning period.
33. Furthermore, the use of Form No. 2, which allowed Kyrgyz voters
to register to cast their ballots outside of their official home
districts, was abolished. The earlier system was intended to allow
migrant workers to vote where they worked, but after record numbers
of this type of ballot were cast in the previous annulled election in
October 2020, it was perceived that these forms had been abused
to manipulate vote totals in the different regions.
34. A range of issues remain unaddressed by the new legislation.
For example, transparency and accountability remain unobtainable,
ignoring several long-standing recommendations by the Venice Commission
and OSCE/ODIHR. There is no independent body tasked with enhancing
the transparency of campaign funding and financial reporting for
parties, which could address some of the above concerns about vote
buying and manipulation of parties by monied interests.
3 Electoral administration,
voter lists and candidate registration
35. These elections were administered
by the CEC, 36 newly formed district electoral commissions (DECs), 54 territorial
election commissions (TECs) and 2494 precinct election commissions
(PECs). Out-of-country voting was conducted at 59 polling stations
established in Kyrgyz embassies and consulates.
36. TECs and PECs are formed for five-year terms. The TECs are
formed by the CEC with no less than 11 members, and the PECs are
formed by the TECs with no less than 7 members. Each TEC and PEC
should have half of its members nominated by political parties and
the other half by local self-government bodies. Each political party
can nominate only one member per commission. According to ODIHR
around 70% of PEC members were women.
37. The establishment of the DECs was provided in the August 2021
amendments to the Electoral Law. DECs are formed by the CEC for
the period of preparation and holding of elections of members of
the Jogorku Kenesh, from among the members of relevant territorial
election commissions, functioning in the respective constituencies.
They have no less than 12 members. DECs terminate their powers by
the decision of the CEC, after the official publication of the results
of the elections of members of Jogorku Kenesh. The scheme and new boundaries
of electoral districts were adopted by the CEC on 5 September 2021
and amended on 15 September 2021. Contrary to the Venice Commission
Code of Good Practice in Electoral Matters, the new law allows a
deviation of up to 20% from the average. The CEC explained that
the deviation was due to the specificities of the geographical distribution
of the population within the country.
38. The composition of the CEC is 12 members exercising their
functions for a period of five years. The new Constitution changed
the manner the members of the CEC are appointed. The previous Constitution
stipulated that 1/3 of CEC members were chosen by the President,
1/3 by the ruling majority in parliament, and 1/3 by the parliamentary
opposition. The new Constitution, however, mandates the President
to nominate half of the members, and the other half is nominated
by the parliament. This move further encroaches on the principle
of the separation of powers between the executive and legislative
branches. The removal of the requirement of the participation of
the parliamentary opposition within the composition of the CEC is
also problematic.
39. The activities of the CEC are carried out collegially, publicly
and openly, on the basis of free discussion and resolution of issues
within its authority. Representatives of State bodies, local self-government
bodies, candidates, political parties, non-profit organisations,
mass media, candidates, members of initiative groups, observers,
international observers can attend the meetings of the CEC. When
proposals, applications and complaints are considered, the interested
parties and their representatives have the right to be present.
40. Decisions of the CEC on the adoption of the regulations of
the CEC on various matters, such as financial support for the preparation
and conduct of elections, referendums, registration of candidates,
cancellation of registration of candidates, lists of candidates,
the refusal to register candidates, results of elections and referendums,
recognition of elections or referendums as failed or void, repeat
voting or repeated elections, cancellation of the decision of the
lower election commission, dissolution of lower election commissions,
early dismissal of the chairman or deputy chairmen of the CEC, must
be adopted at a meeting by two-thirds of votes of the established
number of members of the CEC. Decisions of the CEC on other issues
are taken by the majority of votes of the established number of
members of the CEC.
41. The current CEC was appointed on 30 June 2021. Eight of its
twelve members are new; the chairperson has held this position since
2016. According to the ODIHR EOM, the CEC sessions observed were
generally collegial and decisions were mostly adopted unanimously.
However, not all decisions, particularly those on complaints, were
made public in a timely manner. In the very limited time available,
the CEC organised a comprehensive information campaign in order
to train voters and election administration at all levels to cope with
the complexities of the new electoral system and ballots. This Herculean
task merits recognition.
42. In Kyrgyzstan voter registration is passive and voter lists
are extracted from the Unified Population Register, managed by the
State Registry Service (SRS). The register includes citizens based
on their personal and biometric data (photo and fingerprints), which
are used for voter identification on election day. The PECs are
obliged to post a preliminary list of voters to be checked by voters
residing in the territory of the respective polling station 70 calendar
days before the voting day. The CEC, no later than 35 calendar days
before the voting day, draws up a test voters' list containing updated
information about voters and sends it to PECs, which have an obligation
to make public the test voters' list 30 calendar days before the
voting day. In case of an error or inaccuracy, or if a voter is
not included in the preliminary list, voters have the right to apply
to the relevant PEC, no later than 15 calendar days before the voting
day.
43. Article 3 paragraph 4 of the Electoral Law withdraws the passive
right of suffrage of a citizen whose “conviction has not been cancelled
pursuant to the procedure established by law”. Under this provision,
the passive right of suffrage is denied based on any conviction,
regardless of the nature of the crime. In their 2011 and 2014 opinions,
the Venice Commission and the OSCE/ODIHR recommended that the law
should be amended so that the denial of passive suffrage rights
could only occur where a person had been convicted of committing
a crime of such a serious nature that the loss of political rights
was proportionate to the crime committed and only where a judge
made a specific determination that the circumstances of the individual
case required the forfeiture of voting rights.
Note
44. The voter list used for these parliamentary elections was
based on the Unified Population Register, which includes biometric
data for all registered citizens. The final voter list included
3 703 420 voters for election in the single constituency on the
basis of proportional electoral system and 3 619 292 voters for election
in single-mandate constituencies on the basis of the majoritarian
electoral system. The difference comes from the fact that certain
migrant laborers could not vote for candidates in single-mandate
districts, only for candidates on party lists. An additional 84,128
voters were registered for voting in the 59 polling stations abroad.
Despite efforts made by the authorities to increase the inclusivity
of the voter register, some 280 000 people had as yet to undergo
biometric registration and therefore remained de
facto disenfranchised.
45. The new Constitution provides that any citizen of the Kyrgyz
Republic who has reached the age of 25 on the day of elections and
has the right to vote can stand for parliamentary elections. There
are however exceptions: citizens declared incapable by a court of
law, those kept in places of confinement or citizens whose previous
conviction has not been expunged pursuant to the procedures established
by law are not eligible to run, contrary to the long-standing recommendations
of the Venice Commission and OSCE/ODIHR.
46. The new Electoral Law introduced an additional condition for
candidates – higher education. This requirement clearly goes against
international standards and commitments as it significantly limits
the number of citizens eligible to run.
Note Members
of the Assembly’s delegation were not at all convinced by the explanation received
by the representative of the executive that the country needed “an
intelligent parliament” and that there were enough educated people
to run the country.
47. The right to nominate lists of candidates for deputies of
the Jogorku Kenesh belongs to political parties that have State
registration and/or re-registration in accordance with the established
procedure. The list of political parties that notified CEC about
their intention to nominate candidates for participation in the
single electoral constituency on the base of proportional electoral
system included 73 political parties. The CEC registered the list
of candidates of 21 of those political parties in the single constituency
on the basis of the proportional electoral system. In single-mandate
constituencies the CEC registered 321 candidates. After the decision
of 9 candidates not to run, the total number of candidates was 312.
48. According to the new legislation, the list of candidates submitted
by a political party must include not more than 54 candidates. When
preparing the list of candidates, a political party must ensure
the representation of:
- no more
than 70% of candidates of the same sex, under the condition that
the order of priority in the lists, of women and men does not exceed
three positions;
- at least 15% of candidates under 35 years old, and at
least 3 of them in the list of the first 25 candidates;
- at least 15% of candidates of different ethnicity, and
at least 3 of them in the list of the first 25 candidates;
- at least 2 candidates – persons with disabilities, and
at least one of them in the list of the first 25 candidates.
49. The total number of registered candidates in the lists was
1 036, including 372 women (36 %), 46 persons with disabilities,
189 belonging to national minorities (18 %), and 267 persons under
35 years of age (26 %). Only 20 women (6.5 %) and 10 representatives
of national minorities (3 %) were registered for contests in single
mandate constituencies. The lack of provisions to maintain the quotas
after nomination undermines their efficacy.
4 Election campaign,
campaign financing and media coverage
50. According to Article 23 of
the Electoral Law the election campaign starts after the expiration
of the term for registration of candidates and ends 24 hours before
the voting starts. The election campaign started on the night of
29 October 2021 and stopped on 27 November 2021 at 8 am. The legal
framework provides for equal campaign opportunities for all contestants
and the election administration is responsible for ensuring that
it is respected.
51. The campaign remained to a large extent low-key and incident-free.
With the diminished role and functions of the parliament to be elected,
these elections attracted little public attention. The registered candidates
could, in general, campaign freely using a variety of campaign methods.
OSCE/ODIHR long-term observers noted, however, that the authorities’
call for “clean” elections and the 1 November 2021 Presidential decree
and its strict enforcement, including through the State Committee
of National Security (GKNB), had prompted election stakeholders
to approach the contest with caution, which in turn had stifled
the campaign. This apparently had a positive impact in deterring
campaign violations such as vote buying and the misuse of administrative
resources, both of which have been major infringement issues in
all previous elections. Contesting parties also signed a non-binding
electoral code of conduct pledging to run an “honest” campaign and
to refrain from buying votes and misusing administrative resources.
52. The IEOM was nevertheless informed of a number of allegations
of vote buying. The Ministry of the Interior opened investigations
in 21 cases reported to them and was reportedly proactive in following
up on reports of violations of electoral legislation and established
violations in at least 128 cases. The Assembly’s delegation was
informed that the overly active role the GKNB took in investigating
alleged violations of campaign regulations and interrogating some
well-known candidates and their relatives had an intimidating effect
on some participants.
53. The campaign was carried out via rallies, door-to-door canvassing,
leafletting, posters, billboards, and traditional media but also
increasingly via social media such as Facebook, Instagram, WhatsApp,
Telegram and TikTok. The Covid-19 pandemic and related measures
in place did not appear to hinder campaign activities.
54. Socio-economic issues dominated the campaign. The issues related
to inter-ethnic peace figured less prominently in the campaign discourse
than in previous elections. The IEOM did not receive any complaints about
outstanding cases of anti-minority rhetoric, which is in itself
a positive tendency in a country that has long struggled with inter-ethnic
tensions.
55. The financing of the campaigns is regulated by Articles 40-42
of the Electoral Law. The legal framework for campaign finance provides
a certain level of transparency; however, this remains overall insufficient. Candidates
can finance their campaigns from funds of the nominating parties
and their own resources, as well as via donations from individuals
and legal entities. Cash donations as well as donations from foreign,
State-owned or anonymous sources and religious and charitable organisations
are prohibited. Direct public funding is not foreseen. Although
the new law sets limits on total contributions for political parties,
the Assembly’s delegation noted that the absence of public funding
could lead to a lack of a level playing field in terms of financing.
56. Recent legal amendments also introduced limitations on the
sources of funding and expenditures for individual candidates in
single mandate constituencies. However, oversight of these and other
key aspects remain unregulated and inadequate. The electoral law
does not require the disclosure of sources of funding. Furthermore,
political parties do not need to submit annual financial reports.
57. The law mandates the CEC to oversee campaign finances and
to publish information and updates on campaign incomes and expenditures
on its website, but it does not provide a range of proportionate
and dissuasive sanctions for violations of campaign finance rules.
The CEC effectively made available on its website the income and
expenditure of all electoral contestants but one party and a number
of candidates failed to comply with reporting requirements.
58. Successive Venice Commission and OSCE/ODIHR opinions and Assembly
recommendations have emphasised the need for increased transparency
and accountability in campaign finance and effective mechanisms
for monitoring legal compliance through audits. Regrettably, despite
some improvements, the recommendation to establish an effective
mechanism for monitoring legal compliance through audits has yet to
be implemented.
59. According to OSCE/ODIHR monitoring, five political parties
led in campaign spending and spent twice as much as all the rest
combined. In total, all political parties in the nationwide constituency
received KGS 216 million (€2.25 million) and spent some 182 million
(€1.9 million). In single mandate constituencies, combined, all
the candidates received some KGS 250 million (€2.61 million) and
spent KGS 195 million (€2 million).
60. The 2014 opinion of the Venice Commission and OSCE/ODIHR mentions
that the provision which stipulates that the balance of unspent
funds from special accounts are returned to the candidates or political parties
after voting day without specifying any limitation on how a candidate
or political party was to use these returned funds was problematic
as it allows a candidate to retain unspent campaign funds for personal
use. This could have a corrupting effect, since allowing candidates
to use unspent campaign funds for personal use could be seen as
a form of bribery. The Venice Commission and the OSCE/ODIHR have
previously recommended that this provision be amended to prohibit
the use of unspent campaign funds for the personal benefit of candidates.
Unspent campaign funds could be returned to donors on a proportionate
basis, given to charities, or required to be used for some other
legitimate public purposes.
Note This recommendation remains unaddressed.
61. The media environment in Kyrgyzstan is diverse with some 1 500
outlets and considered to be the most free and liberal in Central
Asia. However, an underdeveloped advertising market limits further
development of the media and undermines their financial independence.
The Assembly’s delegation was informed that this often results in
self-censorship in order to avoid controversial topics and stay
on good terms with political allies of managers and advertisers.
62. Articles 22-28 of the Electoral Law regulate the media during
elections. Television is the main source of political information
followed by online media outlets. The majority of TV stations with
nationwide coverage are fully or partly State-owned and the Electoral
Law requires these TV stations to allocate at least one hour of
free airtime per working day to parties competing in the upcoming
elections. The Electoral Law allows media outlets to sell airtime
and space to contestants, provided that prices are equal for all
contestants and cannot be higher than the price which was charged
6 months before the elections.
Note
63. The new Constitution guarantees freedom of expression, access
to information and prohibits censorship as well as criminal liability
for defamation. However, it also contains provisions that are unduly
broad and vague in reference to potential grounds to limit freedom
of expression. The OSCE/ODIHR election observation media monitoring
pointed out that the CEC’s restrictive definition of what constitutes
campaigning in the media and the choice of many media outlets not
to cover the campaign, had a detrimental effect on news and editorial coverage.
64. In summer 2021, the Law on “Protection from Inaccurate (False)
Information” was adopted and enacted into law. It empowers an authorised
State body to shut down or block websites containing information
deemed to be “false” or “inaccurate”, without a court order, on
the basis of a complaint by either a private person or a legal entity.
This law has been severely criticized by many international bodies
for its vagueness, which has the potential to seriously restrict
freedom of expression and lead to self-censorship of investigative
and critical reporting.
65. Several interlocutors also voiced concern in relation to the
activities of the GKNB which has over the course of the last year
invited several media professionals and civil society representatives
for informal questioning on dubious grounds. Overall, vague legislation
in combination with the use of such law enforcement methods has
had a chilling effect on investigative and critical reporting.
66. Furthermore, the electoral law prohibits criticism of other
contestants within free airtime, including during debates, and allows
the CEC, in case of violations, to revoke media accreditation for
paid advertisements. This led many media outlets to choose not to
cover the campaign. The Assembly’s delegation was informed that most
media offered only minimal information on contestants’ campaigns,
which narrowed voters’ access to information beyond the free airtime
formats on the State TV channels. Critical and analytical reporting
was, with the exception of a few online media, largely absent during
the official campaign in the monitored media, limiting the voters’
ability to make an informed choice.
67. The Assembly’s delegation reiterates the need for improvement
in the provisions regulating media in elections, and in particular:
to provide for equitable coverage of contestants; to respect the
right of media to exercise independent editorial coverage of campaign
events; and to remove the requirement for special accreditation
for media outlets to cover the electoral campaign.
5 Election day
68. On the election day, the Assembly’s
delegation was divided into seven teams who were deployed in Bishkek
and its surroundings, Kant, Soklul, Tokmok and Cholpon Ata.
69. Election day was calm and the voting was overall well organised.
The voting process was evaluated positively by the IEOM observers
in 96% of the 1 054 polling stations visited. The Assembly’s delegation commended
the professional running of the voting procedures in the vast majority
of polling stations observed, despite the last-minute modifications
that changed the entire electoral system and required the PECs to manage
a complicated system combining both single-mandate voting and preferential
voting in the same ballot. Members of polling stations were cooperative
with both international and national observers, and the voting process
was transparent.
70. Transparency was ensured by a considerable number of candidate
observers and citizen observers present in polling stations.
71. The Assembly’s delegation identified a number of technical
shortcomings and incompliances with voting procedures, but the latter
were non-intentional and did not prejudice the results of these
elections:
- The system of scanning
ballot papers worked well on the whole, with some problems noted.
However, it gave rise to concerns over ballot secrecy because voters’
choices were easily visible on the ballot papers when they were
scanned and placed in the ballot boxes. This problem was largely
due to the design and positioning of the booths; it did not seem
to bother the voters casting their ballots;
- The presence of unauthorised persons, including the police,
in polling stations. However, they did not seem to interfere with
the electoral process;
- Cases were noted of unintentional failure to comply with
procedures for counting votes and preparing the results protocols.
72. As has been the case in previous elections, NGOs and observer
organisations informed the Assembly’s delegation of some allegations
of cases of vote buying, controlled voting, and voter intimidation.
The CEC published information on 45 complaints received on election
day. The alleged violations were mainly related to non-compliance
with procedures, malfunctioning of ballot scanners and campaigning
during election day. Other complaints were related to campaigning
in breach of electoral silence, “bussing” of voters, and four cases of
alleged vote-buying.
73. The Assembly observers noted the very low rate of participation,
which corresponded to the final official voter turnout rate of 34.94%
as announced by the CEC on 6 December (down from 56.5% in October
2020). This low turnout can be explained by both voter fatigue as
it was the fourth time this year that the voters were called to
the polls, and also by the disillusionment of large segments of
the population as the change to the electoral law deprived greater
proportions of women, young people and the almost 60% of the population without
higher education from political representation in the parliament.
74. The following six parties have won seats in the Jogorku Kenesh:
Note
|
Party
|
Percentage
|
|
Ata-Jurt Kyrgyzstan (Fatherland):
|
17.30%
|
|
Ishenim (Trust):
|
13.63%
|
|
Yntymak (Harmony)
|
10.99%
|
|
Alyans (Alliance)
|
8.34%
|
|
Butun (United) Kyrgyzstan
|
7.04%
|
|
Yyman Nuru (Ray of Faith)
|
6.15%
|
75. Three are pro-government political
parties – Ata-Jurt Kyrgyzstan (Fatherland), Ishenim (Trust) and Yntymak
(Harmony), whereas Yyman Nuru (Ray of Faith) and Alyans (Alliance)
are affiliated neither with the government nor the opposition. Butun
(United) Kyrgyzstan is the only opposition party in the new composition of
the parliament.
76. The electoral law foresees that at least 30% of the seats
in parliament should be occupied by women. No women were elected
from the single-mandate districts, which brings the number of women
down to a maximum of 18%.
77. After the announcement of the preliminary results, opposition
parties Ata-Meken (Homeland), Azattyk (Liberty), Social Democrats
and Uluttar Birimdigi (Union of nationalities), all of whom failed
to get at least 5% of the vote required to get seats in the parliament,
denounced the election at a protest held in Bishkek on 29 November,
citing alleged electoral fraud during the counting, as a blackout
of the tabulation screen (for 40 minutes) had shown several parties
falling below the 5% electoral threshold. Ata-Meken leader Omurbek Tekebaev
claimed that his party had 6.17% of the vote before the screen went
dark but had 3.4% when the monitor came back on. Uluttar Birimdigi
leader Nurlan Adaev said that his party was approaching the 5-percent barrier
with 4.47% of the vote when the monitor blackout occurred but the
party finished with just 2.39%. In response, the CEC chairwoman
asserted that the malfunctioning had occurred only at the monitor
display and not within the counting process and had not affected
the results. Other officials were reported in the media to have
noted that the monitor had at one point indicated that about 150%
of the electorate had cast ballots and the parties in the lead had
received some 130% of the votes. The Assembly’s delegation regrets
that this incident tarnished the otherwise calm and orderly day
where the main issue had been the record low turnout for the vote.
78. The CEC monitor blackout was nevertheless not the only issue
that has raised concerns for those disputing the voting results.
The CEC also threw out 116 346 ballots – some 9.64% of the vote
– that were declared invalid. This number is indeed exceptionally
high.
79. Two districts in Bishkek (Pervomaiski and Sverdlovsk) will
have repeat elections as the number of ballots cast “against all”
exceeded those cast for any of the contestants.
80. Despite these voting process complaints, there appeared to
be fewer violations during election campaigning and on election
day than has been the case in previous elections.
6 Conclusions and recommendations
81. The ad hoc committee concluded
that these repeat parliamentary elections should be seen against
the backdrop of the October 2020 failed elections, during which
many people protested against corruption and the system that had
failed to react against the multiple electoral abuses. Instead,
Kyrgyz people were drawn into a spiral of repeated postponement
of the rerun of the parliamentary elections, and a complete constitutional overhaul
which gave the new President sweeping powers and which changed the
structure and drastically diminished the powers of the parliament.
The record low turnout reflects voter burnout, disillusionment and
a faltering public trust in the country’s institutions.
82. Moreover, the ad hoc committee is concerned about the substantial
changes to the electoral system and the electoral legislation, adopted
by the caretaker parliament whose mandate had expired and which
were signed into law by the president just days before the election
campaign started, which did not grant voters or election officials
an opportunity to familiarise themselves with the new system. These
changes also deprived many women, young people and the large proportion
of the population without higher education to be elected to the
parliament, which clearly goes against international standards.
83. Despite the electoral context having been modified and the
composition of the CEC altered shortly before the elections, election
preparations were handled efficiently by the election administration.
The elections were competitive and offered voters a wide political
choice from among a large number of candidates. Election Day was
calm and the voting well organised. The ad hoc committee noted with
satisfaction the presence of a large number of party representatives
and non-partisan domestic observers at the polling stations visited, which
increased the transparency of the vote. However, no election is
limited to just the election day; it is a process which includes
the election campaign.
84. Members of the ad hoc committee observed a number of technical
shortcomings in the polling stations visited, in particular, the
system for electronic scanning of ballot papers gave rise to concerns
over the secrecy of vote, and incidents of unintentional failure
to follow counting procedures were observed. Several polling stations
remained inaccessible for people with physical disabilities, even
if the administration’s overall effort to assist visually impaired
persons deserves recognition.
85. The ad hoc committee was informed about cases of misuse of
public resources and pressure on voters, as well as some allegations
of vote-buying. However, due to the strong messages from the executive
and the memorandum signed by the political parties, these fraudulent
attempts appeared fewer than in previous elections. On the other
hand, certain pre-emptive steps by the executive and the proactive
interference of the State Committee of National Security in rooting
out cases of violations, stifled the campaign and prompted stakeholders
to approach the contest with caution.
86. The new electoral legal framework adequately regulates many
technical aspects of the electoral process. Nevertheless, the ad
hoc committee regrets that a large number of the Venice Commission’s
and previous PACE recommendations remain unaddressed, in particular
as regards certain limitations on the rights to freedom of expression
and association; lack of effective provisions for transparency and
accountability in campaign finance; lack of effective provisions
to ensure equitable media access and coverage. In addition, disproportionate
restrictions to the suffrage rights of those serving prison sentences,
irrespective of the gravity of the crime committed, and restrictions
based on disabilities should be lifted.
87. While recognising that the move to a mixed election system
may have aimed to promote pluralism and a more individual candidate
approach, the ad hoc committee regrets its the negative impact on
the participation and representation of women. It deplores the fact
that no female candidate was elected in the majoritarian part of
the elections, which further departs from the 30% quota. In addition,
there are no legal provisions to maintain the quotas of participation
of women or national minorities after nomination. The mechanisms
aimed at enhancing the effectiveness of quotas in candidate lists
should be revisited, including dissuasive sanctions for non-compliance
with the quota requirements and financial incentives for the parties
for each elected MP from the protected group.
88. With regard to the financing of political parties and the
election campaign, the ad hoc committee deplores that the Venice
Commission’s recommendations contained in the 2014 Opinion have
still, to a large extent, not been acted upon. This applies in particular
to the recommendations concerning the transparency and accountability
of campaign finance and the availability of effective mechanisms
for monitoring legal compliance through audits. To ensure a transparent
and meaningful oversight of campaign funding, the capacity of the CEC’s
audit group should be increased and the audit results should be
published within a reasonable timeframe. To eliminate disadvantages
based on contestants’ financial capacity, the legal framework should be
revised to allow in-kind donations and voluntary services for campaign
purposes. Furthermore, the issue of unused campaign balance should
be regulated.
89. The ad hoc committee strongly disapproves the recent tendencies
to limit freedom of expression, notably the implementation of the
recently adopted Law on “Protection from Inaccurate (False) Information”
and the CEC’s restrictive definition of what constitutes campaigning
in the media. Special accreditation requirements for media outlets
should be reconsidered as this creates unnecessary obstacles for
media, potentially limiting the amount of information available
to voters. On the other hand, public and State broadcasters should
make greater efforts in their news and current affairs programmes
to provide impartial and balanced editorial coverage of the campaign
activities of contestants, thus helping voters to make informed
choices.
90. The ad hoc committee calls on the newly elected Kyrgyz Parliament
to step up its co-operation with the Assembly, to recommit to the
aims of, and to fully use the opportunities offered by its partner
for democracy status so as to ensure compliance with political commitments
entered into upon requesting this status recommendations as contained
in
Resolution 1984 (2014).
91. The ad hoc committee further calls on the newly elected Kyrgyz
Parliament to intensify its co-operation with the Venice Commission
with a view to resolving the different problems noted during the November
2021 parliamentary elections, as well as the numerous issues raised
in its 2011, 2014 and 2021 Opinions, in order to improve its democratic
and human rights standards, the balance of powers and its legal framework
and electoral practices.
92. The ad hoc committee considers that the Council of Europe
should continue to help Kyrgyzstan, by means of their various co-operation
programmes, with a view to ensuring that the ongoing constitutional
reform upholds human right, democracy and the rule of law, and support
the vibrant civil society in the country.
Appendix 1 – Composition of the ad hoc committee
Based on the proposals by the political groups
of the Assembly, the ad hoc committee was composed as follows:
Chairperson: Ms Marina
BERLINGHIERI, Italy
Socialists, Democrats and Greens Group
- Ms Marina BERLINGHIERI,
Italy
- Mr Pere LÓPEZ, Andorra
Group of the European People’s Party (EPP/CD)
- Mr Luís LEITE RAMOS,
Portugal
- Mr Kęstutis MASIULIS, Lithuania
- Mr Krzysztof TRUSKOLASKI, Poland
- Mr Cristian NICULESCU-ȚÂGÂRLAȘ, Romania
European Conservatives Group and Democratic
Alliance (EC/DA)
- Mr Alberto RIBOLLA,
Italy
Alliance of Liberals and Democrats for
Europe (ALDE)
Group of the Unified European Left (UEL)
- Mr Antón GOMEZ-REINO,
Spain
Venice Commission
- Mr Nicolae ESANU, Republic
of Moldova
Secretariat
- Ms Ivi-Triin ODRATS,
Secretary of the ad hoc committee, Election Observation and Interparliamentary Cooperation
Division
- Ms Anne GODFREY, Assistant, Election Observation and Interparliamentary
Cooperation Division
- Mr Serguei KOUZNETSOV, Head of Division, Venice Commission
Appendix 2 – Programme of the International
Election Observation Mission
Friday, 26 November
11:45-12:45 Briefing Meeting for PACE observers
13:00-13:30 Welcome and Introductory Remarks
- Peter Juel-Jensen, Special
Co-ordinator and Leader of the short-term OSCE observer mission
- Marina Berlinghieri, Head of the PACE Observer Delegation
- Farah Karimi, Head of the OSCE PA Observer Delegation
- Ambassador Alexey Rogov, Head of the OSCE Programme Office
in Bishkek
13:30-15:00 Briefing by the ODIHR Election Observation Mission
- Welcome and Overview
of the ODIHR EOM’s Work, Ambassador Audrey Glover, Head of ODIHR
EOM and Polyna Lemos, Deputy Head of ODIHR EOM
- Legal Framework and Electoral System, Svetlana Chetaikina,
Legal Analyst
- Political Context, Giovanni Gabassi, Political Analyst
- Election Administration and Voter Registration, Rashad
Shirinov, Rokas Stabingis, Election Analysts
- Media Landscape, Ivan Godarsky, Media Analyst
- Complaints and Appeals, Svetlana Chetaikina, Legal Analyst
- Security Considerations and Covid-19 Update, Auset Mitchell,
Security Expert
- Questions and Answers
15:30-17:00 Roundtable of party-nominated candidates
- Butun Kyrgyzstan, Iskhak
Masaliev, Party member
- Social Democrats, Lira Bekchoroeva, Candidate
- Yntymak, Chyngyz Makeshov, Head of party list
- Ata-Meken, Tilek Toktogaziev, MP, Party member
17:00-17:45 Roundtable of self-nominated candidates
- Kanybek Imanaliev, Self-nominated
single mandate candidate
- Karim Khandzheza, Self-nominated single mandate candidate
represented by Lumazova Zarina
- Damira Niyazalieva, Self-nominated single mandate candidate (written intervention)
- Sukhrab Kasymov, Representative of self-nominated single
mandate candidate Melis Turganbaev
18:00-19:30 Media landscape and election coverage panel
- Bolot Temirov, independent
journalist
- Kubat Kasymbekov, Radio Azattyk
- Anna Kapushenko, Chief Editor, Co-founder of Kloop.kg
- Elina Karakulova, Director, Internews Kyrgyzstan
- Dilya Yusupova, Journalist, Kaktus.media
Saturday, 27 November
09:00-11:00 Socio-political context of the elections
panel
- Bermet Stakeeva, Programme
Director, Forum of Women’s NGOs of Kyrgyzstan (FWNGO)
- Emil Dzhuraev, Political Observer
- Syinat Sultanalieva, Researcher at the Europe and Central
Asia Division, Human Rights Watch
- Aida Suyundueva, Chairperson, “Common Cause” Public Fund
- Saniia Toktogazieva, Lawyer, “Lawyers of Kyrgyzstan”
- Ainura Usupbekova, Public Fund “Civic Platform”
- Dinara Oshurakhunova, Independent Observer
- Dimitar Stojkov, Director, IRI Kyrgyzstan
11:15-12:45 Election administration and legislation panel
- Nurzhan Shaildabekova,
Chairperson, Central Commission for Elections and Referenda
- Louise Chamberlain, Resident Representative, UNDP
- Bekbosun Borubashov, Presidential Advisor and former Chairperson
of the Constitutional Assembly
- Maksat Tolonov, Executive Director of Legal Affairs of
the TV Broadcasting, Public Broadcasting Corporation (KTRK)
13:00-14:50 Briefing by the ODIHR Election Observation Mission
– continuation
- Election Day Procedures,
Rashad Shirinov, Election Analyst
- STO Reporting, Andreas Roth, Statistical Analyst
- Briefing by ODIHR Long Term Observers deployed in Bishkek
(surroundings) and Chui West, Sherry Murphy and Stefan May, LTO
01; Susanne Greiter and Robert Mangham, LTO 13
Sunday, 28 November
08:00-20:00 Observation in polling stations
Monday, 29 November
08:00-09:00 Debriefing for OSCE PA observers
08:00-09:00 Debriefing for PACE observers
15:00 Joint press conference
Appendix 3 – Press statement of the International
Election Observation Mission
Kyrgyzstan’s parliamentary elections competitive
but lacked meaningful voter engagement, international observers
say
BISHKEK, 29 November 2021 – Kyrgyzstan’s parliamentary elections
were competitive, but they lacked meaningful voter engagement due
to a stifled campaign, constitutional changes weakening parliament
and extensive legislative changes to key aspects of the election.
Generally adequate election legislation was undermined by limitations
on civil and political rights as well as diminished separation of
powers and the independence of the judiciary. Voters had a wide
range of political options to choose from. Election preparations
were handled efficiently by the election administration, and election
day was peaceful, international observers said in a statement today.
The joint observation mission from the OSCE Office for Democratic
Institutions and Human Rights (ODIHR), the OSCE Parliamentary Assembly
(OSCE PA), and the Parliamentary Assembly of the Council of Europe (PACE),
noted that the elections took place against the backdrop of an extensive
legislative review by a parliament whose mandate had expired. The
authorities displayed the political will to ensure clean elections, but
strict enforcement of subsequent measures led to a cautious campaign.“The
past year has been dizzying for Kyrgyzstan, with massive political
shifts and a rush to centralize power,” said Peter Juel-Jensen,
Special Co-ordinator and leader of the short-term OSCE observer
mission. “While overall well run and competitive, yesterday's elections
reflected this rushed approach. To fully meet international commitments,
much greater care will need to be paid in the future to standard
democratic processes including appropriate checks and balances on
power.”
The extensive amendments to the legal framework shortly before
elections were called did not grant voters or election officials
an opportunity to familiarise themselves with the new system. At
the same time, the way in which the legal changes were introduced
did not meet the standards of democratic law-making. Some 3.6 million
voters were registered to cast their ballot, and turnout on election
day was 35 per cent.“These elections need to be seen against the
backdrop of last year’s failed elections that led to a political
system with sweeping powers for the president and the adoption of
a whole new set of rules. The new constitution has altered the balance
of power and drastically diminished the role of the parliament,
while the low turnout yesterday seems to indicate a faltering public
trust in the country’s institutions,” said Marina Berlinghieri,
Head of the PACE delegation. “The people of this country deserve
to have their freedoms respected, and we call on the newly elected
parliamentarians to stand up for democratic standards, the rule
of law and the protection of human rights.”
Election day was peaceful and procedures mostly followed.
However, there were cases of ballot boxes not being properly sealed
and overcrowding in some places. There were also unauthorised people
present in a high number of polling stations, as well as external
interference in a small number of cases. The presence of candidate
observers in the overwhelming majority of polling stations helped
to make the process more transparent. While the move to a mixed
election system may have aimed to promote pluralism, it had a negative impact
on the participation and representation of women across the country.
Further there are no guarantees to maintain quotas aimed at ensuring
greater participation of women, national minorities and people with disabilities.
Fundamental freedoms were generally respected in the campaign,
which remained subdued. The new educational requirements that candidates
have a higher education goes against international standards and significantly
limits the number of citizens eligible to run. While the constitution
guarantees freedom of expression and access to information, it also
contains unduly broad and vague grounds that potentially limits freedom
of expression. At the same time, a narrow definition of campaigning
in the media and the decision of many media outlets not to cover
the campaign, reduced coverage and left voters under-informed. Critical
and analytical reporting was largely absent, with the exception
of a few online media outlets.“The recent reduction of the parliament’s
power has caused the people to lose confidence in the impact of
their vote, while undue restrictions placed on candidate eligibility
and the move to a mixed electoral system have inhibited a more diverse
range of choices,” said Farah Karimi, Head of the OSCE PA delegation.
“Democracy is about representation and if women, young people and
those who don’t have university diplomas are so severely limited
in the right to run, we should not be surprised by the lack of voter
enthusiasm.”
The change to a fully presidential system was initiated by
the president, who since taking office earlier this year has significantly
shaped the current political environment. As well as undue limitations
on a number of civil and political rights, the constitution adopted
in April gives the president a greater role in the appointment of
judges and election officials, compromising the independence of
the judiciary and the separation of powers.“While voters had a range
of political options, we are seriously concerned with the lack of
engagement with voters and the efforts to inform them,” said Audrey
Glover, who heads the ODIHR election observation mission. “We hope that
the new parliament will now have the opportunity to make a proper
assessment of all the legislative changes that have been made and
work to improve them for the good of all citizens.”
The international election observation totalled 351 observers
from 41 countries, made up of 283 ODIHR experts and long- and short-term
observers, 55 parliamentarians and staff from the OSCE PA, and 13
from PACE.
