Observation of the early parliamentary elections in Kazakhstan (20 March 2016)
Election observation report
| Doc. 14061
| 12 May 2016
- Author(s):
- Ad hoc Committee of the Bureau
- Rapporteur :
- Mr Jordi XUCLÀ,
Spain, ALDE
1 Introduction
1. The Republic of Kazakhstan
has co-operated with the Council of Europe and its institutions
since 1997. In 1997, the Parliament of Kazakhstan requested special
guest status with the Parliamentary Assembly. In 1999, a request
for observer status was lodged by the speakers of the two parliamentary
chambers. This request was not granted following discussions in
the Assembly’s Political Affairs Committee, as was also the case
in 2009 following a further request made in 2006.
2. On 27 April 2004, the Parliamentary Assembly and the Parliament
of the Republic of Kazakhstan signed a co-operation agreement to
establish a political dialogue with a view to promoting the principles
of parliamentary democracy, the rule of law and respect for human
rights and fundamental freedoms in Kazakhstan. Members from both
chambers regularly attend the Parliamentary Assembly sessions in Strasbourg.
3. Since 2004, the Parliamentary Assembly has observed all parliamentary
elections in Kazakhstan. The Republic of Kazakhstan is a full member
of the Council of Europe’s European Commission for Democracy through
Law (Venice Commission) since 2011. In April 2015, Mr Axel Fischer
(EPP/CD) was appointed by the Committee on Political Affairs and
Democracy as rapporteur on “The relations of the Council of Europe
with Kazakhstan”.
4. On 20 January 2016, the President of Kazakhstan, Mr Nursultan
Nazarbayev, dissolved the lower chamber of parliament (Majilis) and called for early parliamentary
elections on 20 March, eight months ahead of schedule. On 21 January
2016, the Parliamentary Assembly received an invitation letter from
the Minister for Foreign Affairs of Kazakhstan to observe the early
parliamentary elections. On 25 January 2016, the Bureau of the Assembly
decided to observe the elections and constituted an ad hoc committee
to this end composed of 11 members of the Parliamentary Assembly
of the Council of Europe (PACE) (see Appendix 1), plus the rapporteur
of the Committee on Political Affairs and Democracy. Mr Jordi Xuclà
(Spain, ALDE) was appointed Head of the observation delegation.
5. The ad hoc committee was part of the International Election
Observation Mission, which also included the election observation
missions of the Parliamentary Assembly of the Organization for Co-operation
and Security in Europe (OSCE-PA) and of the Office for Democratic
Institutions and Human Rights of the OSCE (OSCE/ODIHR).
6. The ad hoc committee met in Astana from 18 to 21 March 2016.
It held meetings, inter alia,
with the representatives of the political parties contesting the
elections, the representatives of the international community, the
representative of the Central Election Commission (CEC), the Head
of the Election Observation Mission of the OSCE/ODIHR and members
of its core team, as well as representatives of civil society and
the mass media (see Appendix 2). On 18 March, the Chairperson of
the PACE ad hoc committee met with Mr Erlan Idrissov, Minister for
Foreign Affairs of Kazakhstan. During the meeting, the Minister
for Foreign Affairs of Kazakhstan expressed the interest of the
authorities to establish closer ties with different bodies of the
Council of Europe, including with the Assembly.
7. On election day, the ad hoc committee split into seven teams,
which observed the elections in and around Astana and Chimkent.
8. The International Election Observation Mission concluded that
the 20 March early parliamentary elections were efficiently organized,
with some progress noted, but they indicated that Kazakhstan still
has a considerable way to go in order to meet its international
commitments for democratic elections. The legal framework restricts
fundamental civil and political rights, and comprehensive reform
is required. In a positive development, candidate registration was
inclusive, and six parties contested the elections. The Chairperson
of the PACE ad hoc committee declared that “on election day, the
citizens of Kazakhstan made their choice in a calm and free atmosphere.
Regarding the election campaign and legislation, the PACE delegation
welcomes the engagement of the authorities to reform the election
legal framework in 2017. This election campaign also showed that
Kazakhstan needs a more open and competitive political environment,
which is a key condition for long-term democratic stability. The
legal reform should be carried out in close co-operation with the
Council of Europe’s Venice Commission, of which Kazakhstan is a
full member” (see the IEOM press release in Appendix 3).
2 Legal framework and political context
9. An early presidential election
in Kazakhstan was held on 26 April 2015 having been originally scheduled for
2016. The Parliamentary Assembly received an invitation to observe
the election, but declined it, due to a very busy schedule. The
elections resulted in a victory for long-term incumbent President
Nursultan Nazarbayev, who received 97.7% of the vote, winning a
fifth term in office.
10. The early раrliаmепtаry elections in Kazakhstan were brоught
forward to 20 Маrсh frоm November 2016. The main reason for holding
early parliamentary elections, according to the authorities of Kazakhstan, was
the fact that the wоrld is facing епоrmоus economic instability
and uпсегtаiпtу. Kazakhstan has not bееп immune frоm these рrоblеms.
Low рriсеs оf gas and oil related products, as well as оthеr ехtеrпаl
factors have contributed to есопоmiс challenges in Kazakhstan. lt
is against this difficult economic background that the parliamentary
elections were brought forward.
11. The Republic of Kazakhstan became a full member of the Council
of Europe Venice Commission in 2011 after being an observer for
a number of years. However, the authorities have never requested
an opinion from the Venice Commission on the electoral legislation.
The legal framework for elections includes the Constitution, adopted
in 1995 by referendum, the Constitutional Law on Elections as well
as decisions and regulations of the Central Electoral Commission.
Other relevant laws include, inter alia,
the Law on Political Parties, the Criminal Code, the Administrative
Offences Code, the Civil Procedure Code, and the Law on Peaceful
Assemblies. The Constitution normally guarantees fundamental civil
and political rights necessary for the conduct of democratic elections.
12. The lower House (Majilis)
of the Republic of Kazakhstan is the legislative organ of the Republic.
The term of office of the deputies is five years. The Majilis adopts
laws, approves the candidature of the Prime Minister who is appointed
by the President of Kazakhstan. The Majilis is
composed by 107-members: 98 deputies of the Majilis are elected
on the basis of party lists on a system of proportional representation
and in one nationwide constituency while nine deputies are elected
by the Assembly of the peoples of Kazakhstan (APK). The APK represents
the various ethnic groups of Kazakhstan; currently it is composed
of 446 representatives of ethnic and cultural associations whose
main role is to ensure inter-ethnic consent in Kazakhstan.
13. The Election Law has undergone certain changes since the parliamentary
elections in 2007. Most notably, following a 2009 amendment, the
law provides for at least two parties to be represented in the Majilis. In
the event of only one political party passing the 7% threshold,
the party getting the second highest number of votes will also be
allocated no less than two seats. This new system improved the situation;
however, the threshold of 7% combined with the prohibition of electoral
blocks creates difficulties for small parties. The Venice Commission,
in its opinions concerning other countries, has on several occasions
indicated that it considers thresholds above 5% as being problematic.
14. The last parliamentary elections, which took place on 15 January
2012, were also early elections. Of the ten registered political
parties, eight political parties participated in the parliamentary
elections, three of them succeeded in obtaining more than 7% and
entered the Majilis: the ruling Popular Democratic Party “Nur Otan” obtained
80,9% and 83 members; the Democratic Party of Kazakhstan “Ak Jol”
obtained 7,5% and 8 members and the Communist People’s Party of
Kazakhstan (CPPK) obtained 7,2% and 7 members. As for the ethnic composition
of the Majilis: 76 MPs are Kazakhs, 21 Russians, 3 Ukrainians, 2
Germans and one representative of Tatar, Chechen, Korean, Uzbek
an Uighur minorities. 26 MPs out of 107 members are women. In the
2012 parliamentary elections, 43 MPs were re-elected from the previous
legislature.
15. The Central Election Commission has declared that it is preparing
proposals for amendments to the election law to be considered in
2017. The PACE observation delegation welcomed this engagement of
the authorities of Kazakhstan to reform the election law which should
be carried out in close co-operation with the Council of Europe’s
Venice Commission, of which Kazakhstan is a full member.
3 Administration
of elections, registration of voters and candidates
16. The early parliamentary elections
were administered by the Central Election Commission, by 16 regional election
commissions (RECs), by 208 territorial election commissions (TECs)
and 9 840 precinct election commissions (PECs), including 65 out-of-country
polling stations in 51 diplomatic missions. At all levels, commissions
are composed of seven members appointed for a five-year term. The
CEC president and two members are appointed by the President of
Kazakhstan and two members by each of two houses: the Majilis and
the Senate. The term of office of members of election commissions
is five years.
17. According to the ODIHR long-term observers, the CEC administered
the elections efficiently and respected the legal deadlines, its
sessions were open to the media and political parties’ representatives. Regarding
the representation of women in all levels of election commissions,
around 34% of REC members and 46% of TEC members were women. As
for PEC members, according to the observations of the ad hoc committee’s
members, in a significant number of polling stations visited by
the observers on election day, the majority of members were women.
18. According to election law, each party running in the elections
can appoint one member in a given election commission. The ODIHR
election observation mission informed the Assembly delegation that
in some lower-level election commissions, almost all members were
appointed by the ruling party Nur Otan. The
de
facto over-representation of one party in election commissions
raises concerns regarding the impartiality of election commissions.
Note The
representative of the Nationwide Social-democratic Party (NSDP)
informed the observers that in some cases, despite the submission
of nominations for membership of RECs and PECs by NSDP, none of
their nominees were appointed as members of election commissions.
19. The total number of voters was 9 810 852 out of a population
of 18 157 122. The electronic register is maintained by the CEC.
Voters must be citizens of Kazakhstan and be at least 18 years old.
People recognised by court as legally incapable, as well as those
held in places of confinement on a court-imposed sentence, irrespective
of the gravity of their crime, are not eligible to vote.
20. Voters are included in the voter list based on their place
of residence. Voter lists are compiled and updated by the akimats (local executive bodies),
based on information provided by the bodies in charge of the population
register. Akimats submit data
about registered voters to the respective TECs biannually on 1 January
and 1 July, both electronically and in hard copy. The law provides
for the CEC to maintain a nationwide electronic voter register to
be used for checking the accuracy of voter lists. Information about duplicates
and other errors is sent to the akimats.
Voters who will be away from their domicile on election day can
apply for an absentee voting certificate at the precinct election
commission until 6 p.m. on the day preceding election day. During the joint parliamentary
briefing in Astana on 18 and 19 March, none of the interlocutors
of the Assembly delegation expressed concerns regarding the accuracy
of voter lists.
21. Political parties must be registered with the Ministry of
Justice to be able to participate in elections. The Law on Political
Parties was amended in 2009 to reduce the number of party members
required for registration from 50 000 to 40 000. To be registered,
political parties should present to the Ministry a list with the
signatures of their members. The formation of electoral blocs and
self-nominated independent candidates is not permitted. Those rules,
as well as the rules for the registration of political parties,
notably the minimum membership requirement, seem to be too restrictive
from the point of view of respecting the constitutional right of
citizens to associate in political parties.
Note
22. Many interlocutors of the Assembly delegation mentioned the
fact that candidate registration during the election campaign, notwithstanding
restrictions within the current legal framework, was inclusive.
Any citizen enjoying voting rights who had reached 25 years of age
and had been a permanent resident of Kazakhstan for the last ten
years could stand for parliament. The Constitution stipulates an
imperative mandate: deputies lose their mandate if they resign or
are excluded from the party, or if the party ceases its activity.
In this regard, the Venice Commission is of opinion that the imperative
mandate is contrary to European standards, since, when elected,
deputies no longer represent their respective political parties,
but voters.
23. The deadline for the registration of political parties running
in the early elections was 19 February. According to the CEC, the
total number of registered candidates for membership of the Majilis
which were to be elected from the party lists was 234, of whom 46
were women, which represents around 20% of candidates. The election
law does not require a gender quota or other measures to enhance
women’s electoral representation.
24. The candidates were nominated by their respective parties.
Independent candidates could not run for election, and political
parties were prevented from forming electoral blocs. Party lists
were arranged in alphabetical order and only after the announcement
of the final results did the governing bodies of the parties that
passed the threshold of 7% decide which candidates would receive
mandates. In this regard, the Assembly observation delegation members
expressed concern regarding the procedure of allocation of seats
between candidates from party lists after an election when a governing
body of a party can change the order of candidates on the list,
deciding de facto who will
be a member of parliament.
25. The CEC registered the lists of the following parties: the
ruling Democratic People’s Party «Nur Otan» (127 candidates, of
whom 30 were women); the Democratic Party of Kazakhstan “Ak Jol”
(35 candidates, of whom 6 were women); the Nationwide Social Democratic
Party (NSDP) (23 candidates, of whom 4 were women); the Communist
People’s Party of Kazakhstan (CPPK) (22 candidates, of whom 4 were
women); the Democratic Patriotic Party of Kazakhstan “Auyl” (19
candidates, of whom two were women) and the party Birlik (8 candidates,
of whom one was a woman).
4 Election
campaign and media environment
26. The election campaign started
on 20 February and ended on 18 March. In general, the election campaign
for the early parliamentary elections was low key; many interlocutors
mentioned that the campaign for local elections was more dynamic.
The members of the Assembly observation delegation noted that while the
participation of six parties seems to provide some political choice,
political life in Kazakhstan needs a more open and competitive environment
in order for the multiparty system to function efficiently. The
NSDP was the only party questioning the policy of the ruling party.
27. The candidates could generally campaign freely within the
existing legal framework, but they were obliged to ask permission
to hold a campaign event rather than provide notification. According
to the preliminary findings and conclusions of ODIHR, the Astana
local authorities rejected the request of four parties (NSDP, Birlik,
CPPK and AUYL) to hold outdoor campaign events in Astana, arguing
that public gatherings must not obstruct traffic. All political
parties had access to special outdoor campaign materials. Political
parties could organise meetings with voters in public and private
enterprises, in cultural centres and in libraries.
28. The dominant party in the election campaign was the ruling
Nur Otan party of President Nazarbayev. The party campaigned on
the themes of stability and unity, social and economic pragmatism,
and the balance of interest of the majority of population. The ruling
party benefited from the dual role and position of the President
of Kazakhstan, who on several occasions publicly called upon voters
to vote for his party.
29. The Democratic party of Kazakhstan “Ak Zhol” is a centre-right
party representing the interests of the business community and considers
itself as “constructive opposition”. The Communist people’s party
of Kazakhstan (CPPK) emerged out of the split of the Communist Party
of Kazakhstan. The party platform is based on the principles of
so-called scientific socialism, social justice and development of
a nationally-oriented economy. The People’s democratic patriotic
party “Auyl” platform is based on the protection of the interests
of rural voters, on the development of agriculture; the party was
promoting the values and traditions of families and the development
of the Kazakh language. The representative of the Nationwide social-democratic
party (NSDP), during the meeting with the members of the Assembly
observation delegation, pointed out that his party was the only
party in opposition to the ruling Nur Otan party. The NSDP is a
centre-left party and according to its leaders its platform is based
on the ideology of social democracy and the principles of freedom, justice
and solidarity.
30. The Constitution guarantees freedom of expression and prohibits
censorship. The election law obliges the media to present objective
campaign coverage and guarantees political parties equal access.
During the election campaign, the media covered all contending parties.
However, the media experts who met the Assembly delegation during
the joint briefing meetings on 19 March pointed out that the media
environment in general had over recent years been characterised
by a lack of independent sources and a restrictive legislative framework.
There were cases of disproportionate and excessive penalties for
administrative violations. During the election campaign, social
media were used by all the parties. Due to financial constraints,
some parties, for example the NSDP, gave preference to social media
tools to reach out to the voters.
31. According to the ODIHR media monitoring of the election campaign,
the State-funded broadcasters dedicated most of the political prime
time news to the president’s activities, and the contestants received between
0% and 10%. The media coverage of most of the parties’ activities
was positive or neutral while the ruling Nur Otan party was presented
only in a positive manner.
32. The Assembly observation delegation noted with satisfaction
that the authorities of Kazakhstan invited a large number of international
observers without any restrictions (817 observers were accredited
by the CEC) from different international organisations, including
the long-term observers from ODIHR.
5 Election
day
33. The election day was efficiently
organised and voters could make their choice in a calm and free atmosphere.
The members of the Assembly’s delegation observed a large number
of procedural errors and serious irregularities during voting and
counting made by members of polling stations visited, but without
any intention to falsify the results.
34. The members of the Assembly’s ad hoc committee identified
a number of technical shortcomings in the polling stations visited:
- cases of confusion concerning
addresses of voters;
- in some polling stations, a suspiciously large number
of voters on the supplementary voters lists and identical signatures
on the voter lists;
- in many polling stations, the presence of billboards with
the photo of the President who is also a leader of a contesting
political party;
- cases were noted of unintentional non-compliance with
vote-counting procedures in some polling stations;
- cases were noted of unintentional non-compliance with
procedures of establishment of voting protocols;
- some polling station premises were overcrowded;
- in many polling stations, especially in rural areas, poor
understanding by the members of polling stations of the vote-counting
procedures;
- in many polling stations, there were very few observers
from civil society or political parties, except from the ruling
Nur Otan party;
- in general, the polling stations were inaccessible or
difficult to access for people with disabilities.
35. On 22 March 2016, the CEC announced the final results of the
early parliamentary elections. The Nur Otan Party obtained 82.20%
of the votes and 84 seats, Ak Zhol 7.18% and 7 seats, the Communist
People’s Party of Kazakhstan (CPPK) 7.14% and 7 seats. The other
parties didn’t pass the threshold of 7%: the People’s democratic
patriotic party “Auyl” obtained 2.01%, the Nationwide Social-Democratic
Party (NSDP) obtained 1.18% and the Birlik obtained 0.29% of the
votes. The turnout was 77.12%.
6 Conclusions
and recommendations
36. The Assembly’s ad hoc committee
concluded that the 20 March 2016 early parliamentary elections in Kazakhstan
were efficiently organised, with some progress noted, but it indicated
that the country still has a considerable way to go in meeting its
international commitments for democratic elections.
37. Regarding the election day, the ad hoc committee noted that
the citizens of Kazakhstan could make their choice in a calm and
free atmosphere; nevertheless a number of procedural errors and
serious irregularities were observed during the voting and counting
stages. Even if the non-compliance with vote-counting procedures
can be considered as unintentional, the Assembly ad hoc committee
asks the relevant authorities of Kazakhstan to take appropriate
measures to avoid such irregularities in the future. Systematic
training for members of polling stations, especially in rural areas,
is needed in order to improve their knowledge of voting and counting
procedures.
38. Regarding election legislation, the ad hoc committee pointed
out that, despite some improvements in recent years, it still remains
restrictive in many aspects, in particular concerning the high threshold
of 7% for political parties to enter into parliament; the prohibition
of electoral blocks; unequal representation of political parties
in election commissions; and the system of allocation of seats after
election day by decision of a governing body of a party. In addition,
the election law does not provide any measures to enhance the participation
of women in the elections. Therefore, the Assembly ad hoc committee
welcomes the commitment of the authorities of Kazakhstan to reform
the election legal framework in 2017, which should be carried out
in close co-operation with the Venice Commission, of which Kazakhstan
has been a full member since 2011.
39. As regards the election campaign, the ad hoc committee considers
that the campaign was low key; the political parties could campaign
relatively freely. While the participation of six parties seems
to provide for some political choice, political life in Kazakhstan
needs a more open and more competitive environment for the efficient
functioning of a real multiparty system which is a key condition
for the long-term democratic stability of Kazakhstan.
40. Regarding the media coverage of the election campaign, the
legislation guarantees freedom of expression and prohibits censorship;
it obliges the media to present objective campaign coverage and guarantees
political parties equal access. The ad hoc committee was informed
by different interlocutors that the ruling Nur Otan party’s media
coverage was only presented in a positive manner and the State-funded broadcasters
dedicated most of the political prime time news to the president’s
activities.
41. The Assembly’s ad hoc committee considers that the invitation
by the authorities of Kazakhstan to observe the 2016 early parliamentary
elections was an indication that electoral legislation and practice
could be one of the important fields for future co-operation between
Kazakhstan and the Council of Europe.
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:
- Jordi XUCLÀ (Spain, ALDE), Chairperson
of the ad hoc committee
Group of the European People’s
Party (EPP/CD)
- Marie-Christine
DALLOZ, France
- Karin STRENZ, Germany
- Attila TILKI, Hungary
Socialist Group (SOC)
- Denis BAYKAL, Turkey
- Paolo CORSINI, Italy
- Marianne MIKKO, Estonia
Alliance of Liberals and Democrats
for Europe (ALDE)
- Jordi
XUCLÀ, Spain
- Karl GARÐARSSON, Iceland
European Conservatives Group (EC)
- Ingebjørg GODSKESEN, Norway
- Erkan KANDEMIR, Turkey
Secretariat
- Chemavon CHAHBAZIAN, Head of
the Election Observation and Interparliamentary Co-operation Division
- Franck DAESCHLER, Principal Administrative Assistant,
Election Observation and Interparliamentary Co-operation Division
- Danièle GASTL, Administrative Assistant, Election Observation
and Interparliamentary Co-operation Division
Appendix 2 – Programme
of the observation of the early parliamentary elections in Kazakhstan
Friday,
18 March 2016
11:00-11:45 Meeting of the ad hoc committee:
- Opening of the meeting by Mr
Jordi Xuclà, Head of the delegation
- Practical and logistical arrangements by the Secretariat
13:00-13:15 Welcome and opening
- Ms Marietta Tidei, Special Co-ordinator of the short-term
OSCE/ODIHR observers
- Mr Jordi Xuclà, Head of the PACE Delegation
- Mr Geir Joergen Bekkevold, Head of the OSCE Parliamentary
Assembly delegation
13:15-13:30 Introductory Remarks:
- Ambassador György Szabó, Head of the OSCE Programme Office
in Astana
13:30-15:00 Briefing by OSCE/ODIHR EOM Core Team
- Introduction and Overview of
Findings to Date – Ambassador Boris Frlec, Head of the OSCE/ODIHR
Election Observation Mission
- Campaign Background and National Minorities – Mr Vadim
Zhdanovich, Political Analyst
- Mr Marc Fumagalli, National Minorities Analyst
- Legal Framework, Campaign Rules and Complaints – Ms Meaghan
Fitzgerald, Legal Analyst
- Media Environment – Mr Ivan Godarsky, Media Analyst
- Questions and Answers
- Mr Valeriu Mija, Security Expert
15:00-15:45 Electoral Administration – Mr Marat Sarsembaev,
Member of the Central Election Commission
16:00-19:00 Meetings with representatives of political parties:
- Mr Askar Myrzakhmetov, First
Deputy Chairperson, Ms Natalya Godumova, Nur Otan Democratic People’s
Party
- Mr Turgun Syzdykov, Secretary of the Central Committee,
Mr Viktor Smirnov, Deputy campaign Manager, Communist People’s Party
of Kazakhstan
- Mr Azat Peruashev, Chairperson, and Ms Ekaterina Nikitinskaya,
Deputy Chairperson, Ak Zhol Democratic Party of Kazakhstan
- Mr Askhat Rakhimzhanov, Deputy Head of Campaign Office,
Nationwide Social-Democratic Party
- Mr Rustem Zholaman, Head of the Central Office, Auyl People’s
Democratic Patriotic party
- Mr Bolat Baikadamov, Deputy Chairperson and candidate,
Mr Tolegen Kuanyshev, Deputy Chairperson, and Ms Roza Kuanyshbayeva,
member, Birlik Party
19:00-19:30 Meeting with interpreters and drivers for PACE
teams deployed in Astana
19:30 Meeting of Heads of delegation
Saturday, 19 March 2016
09:00-10:15 Media roundtable:
- Ms Diana Okremova, Director of the Legal Media Center
- Ms Marzhan Yelshibayeva, Media Expert
10:30-11:45 Civil society roundtable:
- Mr Nurlan Yerimbetov, President of Civil Alliance of Kazakhstan
- Mr Ilyas Adilbayev, Acting Director of the Astana Branch,
Kazakhstan International Bureau for Human Rights and Rule of Law
11:45-12:30 Briefing by OSCE/ODIHR on election day procedures
and forms:
- Election day procedures
– Mr Kakha Inaishvili, Election Analyst
- Observation forms – Mr Anders Eriksson, Statistical Analyst
- Questions and answers
12:30-13:00 Meeting with OSCE/ODIHR EOM Long-Term Observers
based in Astana
13:00 Meeting with interpreters and drivers for OSCE Parliamentary
Assembly teams deployed in Astana
Sunday, 20 March 2016
06:30 Observation of the opening of polling stations
07:00-20:00 Observation of the elections
After 20:00 Observation of the closing of the polling stations,
counting and presentation of results
Monday, 21 March 2016
08:30-09:30 Meeting of the ad hoc committee
Debriefing by the members of the ad hoc committee
09:30-11:00 Meeting of the heads of delegations
14:30 Joint press conference
Appendix 3 – Statement
by the International Election Observation Mission
Kazakhstan elections
efficiently organised, with some progress, but still considerable
way to go to meet OSCE election commitments, international observers
say
Astana, 21 March 2106 – The 20 March early parliamentary elections
were efficiently organised, with some progress noted, but they indicated
that Kazakhstan still has a considerable way to go in meeting its
OSCE commitments for democratic elections, the international observers
concluded in a preliminary statement released today. The legal framework
restricts fundamental civil and political rights, and comprehensive
reform is required. In a positive development, candidate registration
was inclusive, and six parties contested the elections.
The authorities invited international observers in an open
and unrestricted manner. On election day, the observers noted serious
procedural errors and irregularities during voting, counting and
tabulation.
“It is clear that Kazakhstan still has a long way to go towards
fulfilling its election commitments, although some progress was
noted. The ruling party had a clear advantage over others in these
elections and, while the parties were generally able to campaign
freely, genuine political choice remains insufficient,” said Marietta
Tidei, Special Co-ordinator and leader of the short-term OSCE observer
mission. “Significant legal reform is required to protect citizens’
rights, and we hope that the newly elected parliament will find
the political will to engage in a thorough reform process, which
we are ready to support.”
Contestants were generally able to campaign freely throughout
the country, despite legal restrictions on the holding of public
assemblies. The participation of six parties provided voters with
some alternatives, although most contestants did not directly challenge
the ruling party, thus limiting the genuine political choice for
voters, the statement says. The dominant position of the ruling
party at all levels of government and administration for many years
has effectively blurred the distinction between State and party.
“On election day, the citizens of Kazakhstan made their choice
in a calm and free atmosphere. Regarding the election campaign and
legislation, the PACE delegation welcomes the engagement of the
authorities to reform the election legal framework in 2017,” said
Jordi Xuclà, Head of the PACE delegation. “This election campaign also
showed that Kazakhstan needs a more open and competitive political
environment, which is a key condition for long-term democratic stability.
The legal reform should be carried out in close co-operation with the
Council of Europe’s Venice Commission, of which Kazakhstan is a
full member.”
While the observers noted that the laws regulating elections
aim to guarantee fundamental civil and political rights, reform
of the legal framework is necessary for it to fully meet the international
obligations and standards to which Kazakhstan has committed, the
observers said. Restrictions on suffrage rights and freedoms of assembly
and expression have yet to be addressed, despite previous OSCE/ODIHR
recommendations.
“For the authorities to fulfil their stated commitment to
holding democratic elections, comprehensive legal reform is required,
including reforms related to restrictions on voting rights and the
freedoms of assembly and expression,” said Geir Joergen Bekkevold,
Head of the OSCE PA delegation. “Specific progress in these areas will
go a long way towards ensuring greater political pluralism, and
I stand ready to work with my colleagues in the newly elected parliament
to support this process.”
The Constitution guarantees freedom of expression and prohibits
censorship, but penalties in the laws regulating the media stifle
public debate and suppress alternative viewpoints, the statement
says. Positively, State-funded media showed a noticeable effort
to meet formal requirements to provide contestants with equal access.
However, one party received little platform-oriented media coverage,
and in-depth analysis providing voters with the opportunity to learn
about candidates and their policies was largely absent. Extensive
reporting on the President’s activities dominated most coverage,
and the ruling party used his position to its benefit.
“The observation and
assessment of these elections has identified significant shortcomings,
including the restriction of fundamental civil and political rights,
the lack of genuine political choice for voters, the lack of pluralism
of opinion in the media, and serious procedural irregularities on
election day,” said Ambassador Boris Frlec, Head of the OSCE/ODIHR
long-term election observation mission. “I know that ODIHR is ready
to assist the authorities in the implementation of our recommendations
in the course of the election-related reforms anticipated in 2017.”
The Central Election Commission (CEC) operated in a professional
manner, and sessions were open to observers, media and political
party representatives. However, lower-level election commissions
held sessions on an ad-hoc basis without informing stakeholders,
which limited the transparency of the process. The Election Law
aims to ensure political party representation in election commissions
but does not include an enforcement mechanism. One electoral contestant
was largely under-represented in lower-level election commissions,
the statement said.
Candidate registration was inclusive, and the CEC registered
all 234 candidates nominated by six political parties by the legal
deadline of 19 February. By law, independent candidates cannot stand
for election and political parties are not allowed to form electoral
blocs, contrary to OSCE commitments and other international obligations
and standards, the observers said.
The new requirement for the CEC to report party financing
and spending twice a month during the campaign is a positive development,
but the lack of information on donors and how campaign funds were
spent limited transparency.
Election day was efficiently organised, but serious procedural
errors and other irregularities were observed during voting, counting
and tabulation. Observers noted indications of ballot box stuffing,
a very high number of names added to voter lists on election day,
and group and proxy voting. Precinct election commissions largely
failed to follow procedures to ensure consistency and reliability
during the counting process. Negative assessments of tabulation
were often linked to procedural violations.
