Election-related Legal Opinions and Comments

The present recommendations were elaborated following resolution 1320 (2003) of the Parliamentary Assembly of the Council of Europe, which invites the Venice Commission to formulate opinions concerning possible improvements to legislation and practices in particular member states or applicant countries. The Venice Commission requested a review, based in particular on the observation reports of the local elections in the Republic of Moldova of 25 May and 9 June 2003. This review, issued by Mr Kåre Vollan (expert, Norway), results in a set of recommendations for amendments of the Election Law. Many of the proposals were also taken from the Opinion on the Election Law of the Republic of Moldova issued by the Venice Commission on 16 January 2003 on the basis of comments by Richard Rose and Kåre Vollan (CDL-AD(2003)001).

These comments discuss draft amendments proposed by political parties to the Election Law of the Republic of Tajikistan. These comments are limited to the draft amendments and are not an assessment of the law itself. The OSCE/ODIHR has previously assessed the law and noted significant shortcomings in the law that require improvement in order to provide the necessary legal framework for democratic elections in Tajikistan. These comments are limited solely to the proposed draft amendments and do not restate the concerns previously noted by the OSCE/ODIHR. Previously stated concerns remain as the draft amendments do not correct current shortcomings in the law and, in some instances, have aggravated existing problems.

This assessment reviews and comments on the Election Code (hereafter “the Code”) of the Kyrgyz Republic as amended by the Legislative Assembly on 25 December 2003. This assessment is based on an unofficial English translation of the Code, as reflected in 93 articles on 127 pages of text. The OSCE/ODIHR previously commented in November 2003 on proposed amendments to the Code proffered by both executive and legislative branches of government. This assessment supersedes the OSCE/ODIHR November 2003 assessment of proposed amendments. This assessment is provided with the goal of assisting the authorities in the Kyrgyz Republic in their efforts to develop a sound legal framework for democratic elections. However, as previously stated by the OSCE/ODIHR, the extent to which any amendments can have a positive impact will ultimately be determined by the degree to which state institutions and officials implement and uphold the Code.