Urgent need for electoral reform in Belarus
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 21 April 2021 (12th sitting) (see Doc. 15253, report of the Committee on Political Affairs and Democracy,
rapporteur: Lord David Blencathra). Text
adopted by the Assembly on 21 April 2021 (12th sitting).See
also Recommendation 2200
(2021).
1. The Parliamentary Assembly stresses
that free and fair elections constitute the very foundation of democratic
government and are a cornerstone of representative democracy. It
deeply regrets that elections in Belarus have never met international
standards of freedom and fairness and that this failed electoral
system has been a driving factor behind the current political, economic
and human rights crisis affecting the country since the presidential
election of 9 August 2020.
2. For more than two decades, the Assembly, the Office for Democratic
Institutions and Human Rights of the Organization for Security and
Co-operation in Europe (OSCE/ODIHR), the European Commission for Democracy
through Law (Venice Commission), as well as civil society in Belarus
have been pointing out the systemic problems in the electoral system
and recommending, to no avail, that the electoral legislation and practice
be amended.
3. The Assembly recalls that, for reasons beyond its control,
it had to decline the invitation to observe the presidential election
of 9 August 2020. However, based on the evaluation of independent
local observers, who concluded that gross violations of international
standards for democratic elections had taken place, and knowing
that the electoral system which has earned Belarus criticism in
the past remains unchanged, the Assembly also concludes that the
2020 presidential election was neither free nor fair.
4. The Assembly firmly believes that a fully fledged electoral
reform, geared towards implementing all previous Assembly, OSCE/ODIHR
and Venice Commission recommendations, remains essential for setting the
basis for future democratic, free and fair elections, which can
meaningfully reflect the will of the people of Belarus and allow
them to regain confidence in the electoral process. Not only a reform
of the legal framework but also the implementation of the legislation
in good faith, by an independent and impartial election administration
that enjoys public trust, are paramount in this context.
5. In light of the above, the Assembly urges the Belarusian authorities
to conduct a comprehensive reform of the electoral system, taking
into account the full set of recommendations of the Assembly, the
OSCE/ODIHR and the Venice Commission, in close consultation with
all relevant stakeholders, in particular civil society. In this
context, it urges them to bring the electoral law and practice in
conformity with international standards for democratic elections
and, in particular, to:
5.1 guarantee
the independence and impartiality of the electoral administration
by making it adequately representative and setting the basis for
a politically balanced membership of election commissions at all
levels, starting with the Central Election Commission (CEC), including
by:
5.1.1 introducing a requirement for the CEC to include
representatives nominated by key political stakeholders, including
different political parties and civil society representatives, with
full voting rights;
5.1.2 establishing clear rules governing the process by which
members of election commissions below the CEC level are appointed
by the local authorities, including a requirement to include commission
members nominated by all candidates;
5.2 create a publicly available national voter list with a
view to increasing the transparency and accountability of the voter
registration process;
5.3 regulate early voting in a comprehensive way by introducing
measures to guarantee its integrity, transparency and exceptional
nature, including by:
5.3.1 specifying in detail clear
mechanisms for ensuring the safety and security of the ballot boxes
during early voting;
5.3.2 limiting the number of polling stations for early voting;
5.3.3 authorising early voting only in specific cases and for
those voters who can prove that they cannot be present at their
place of residence on election day;
5.4 take measures to ensure the transparency of the vote counting,
including by introducing a requirement that each ballot paper be
displayed and the vote announced, and that the results of the election
in each polling station be declared and posted publicly;
5.5 allow national and international observers to carry out
their work effectively and without impediment, including by clearly
authorising them to:
5.5.1 approach members of the polling
station to verify electoral rolls and signatures and to observe
the counting of the votes in a direct and effective way, including
through direct and visual access to ballot papers;
5.5.2 be present during the verification of signatures submitted
for the nomination of candidates;
5.5.3 have access to the storage of ballots and ballot boxes
during early voting, including outside working hours;
5.6 subject the registration of candidates to clear, comprehensive
and transparent criteria and less restrictive conditions;
5.7 subject any decision of electoral commissions, including
election results, to review, including the possibility of a judicial
review of all administrative decisions.
6. The Assembly is aware of the calls from national and international
actors to hold snap elections on the basis of the current electoral
system and stresses that such elections could only be deemed reasonably
free and fair if a genuinely independent and impartial CEC can ensure,
through the use of regulations, ordinances, circulars or instructions,
that the requirements listed above are fulfilled to the greatest
extent possible and that national and international observers can
properly monitor the entire electoral process.
7. The Assembly stresses that democratic elections are not possible
without respect for human rights, in particular freedom of expression,
assembly and association. It condemns in the strongest terms the unprecedented
wave of violence, mass arrests, intimidation and prosecution of
political opponents, human rights defenders, journalists, media
workers, independent election observers and citizens of Belarus
following the 2020 presidential election.
8. This violent repression is not only an outright disregard
for the core values upheld by the Council of Europe but also a major
obstacle to any meaningful reform in the country, including electoral
reform. Referring to its
Resolution
2372 (2021) “Human rights violations in Belarus require
an international investigation”, the Assembly urges the Belarusian
authorities to put an immediate end to all violence.
9. Recalling that the integration of Belarus into the Council
of Europe on the basis of the Organisation’s values and principles
remains a strategic objective, the Assembly calls on the Belarusian
authorities and all relevant stakeholders, including all opposition
representatives and civil society, to urgently conduct a broad-based
and inclusive national dialogue to ensure a peaceful way out of
the current crisis and to open the door for necessary reforms benefitting
all Belarusian citizens. The Assembly – together with the Venice
Commission – reiterates its readiness to offer practical and technical
guidance to the Belarusian authorities with a view to electoral
reform. It firmly believes that this and other necessary reforms
will pave the way for a new Belarus founded on human rights, democracy
and the rule of law.
