OSCE/ODIHR report on Kazakhstan’s presidential election recommends developing safeguards to ensure clear separation between state and party, addressing limited choice for voters
Noting the predominant position enjoyed by the incumbent in the 26 April early presidential election in Kazakhstan, the final report by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) recommends developing safeguards to ensure a clear separation between the State and party, and addressing the limited choice available to voters.
While the report, published on 28 July 2015, notes that, overall, the election was efficiently administered prior to election day, it also highlights that the election law does not provide a mechanism for ensuring equitable political party representation in election commissions, thus raising questions about commissions’ impartiality. The report recommends taking steps, in law and practice, to guarantee inclusive composition of election commissions at all levels, and to ensure the proportionate representation of all political parties, including in leadership positions.
While the legal framework provides a technical basis to conduct elections, the report recommends a comprehensive review of the legal framework for elections to bring it in line with OSCE commitments and other international obligations and standards and to ensure that fundamental freedoms are respected. Introducing amendments to remove residency requirements, as well as to ensure that any restrictions on the right to stand for those with criminal convictions are proportionate to the severity of the offence are among the final report’s main recommendations.
Citing concerns about political pressure on the media, the report recommends the State to refrain from any interference in the activities of media and journalists, between elections and during campaigns. It further notes that media should be able to operate free from any intimidation or pressure, including excessive or arbitrary lawsuits and disproportionate administrative actions.
The report recommends a review of legal provisions to repeal the criminalization of defamation in favour of civil sanctions. In addition, to promote an open campaign environment, it recommends revising the legislation on the right to peaceful assembly to require a simple notification procedure, with appropriate exceptions for spontaneous assemblies, instead of the current authorization requirement.
Additional recommendations relate to unrestricted access of citizen and international observers to the entire electoral process, including voting, counting and tabulation, and enhancing the transparency of the tabulation and announcement of election results.