OSCE/ODIHR final report on Mongolia’s presidential election reiterates need for comprehensive review of legislation, recommends measures to improve conduct of elections
Mongolia’s presidential election was competitive and well-organized, but further efforts are required to address ambiguities and omissions related to key elements of the electoral process, including a potential run-off, concludes the final report by election observers from the OSCE Office for Democratic Institutions and Human Rights (ODIHR).
The report, published on 27 October 2017, acknowledges that the electoral legal framework provides an adequate basis for the conduct of democratic elections, but notes that further review of the legislation is needed to ensure compliance with OSCE commitments and other international standards for democratic elections. The review process should be inclusive and should conclude well ahead of a future election, to enhance stability and public confidence in the electoral process.
The report commends the election administration for implementing their core tasks and encourages legislators to introduce well-defined and transparent criteria for the appointment of lower-level election officials, to reduce perceptions of bias. To ensure uniform implementation of the law, the report recommends that the General Election Commission be given broader authority to issue regulations and provide additional guidance to lower-level commissions.
The report also recommends lifting undue restrictions on the right to stand for office, including the prohibition on independent candidates and those from non-parliamentary parties, as well as reconsidering the residency requirement for presidential candidates.
Among other key recommendations in the report are concrete actions by the authorities to clearly differentiate between the state administration and political campaigning, the establishment of effective sanctions in cases of the misuse of state resources, and the introduction of measures to enhance the transparency of campaign finance. The report also recommends consideration of permitting a period of campaigning between the first and the second rounds.
With regard to the legal framework for media, the report recommends a revision to clarify provisions regarding news content and the publication of opinion polls and paid advertisements, as well as to clearly distinguish editorial content from political advertisement.
Noting the overlapping mandates of different institutions involved in monitoring media conduct during the campaign, the report also suggests that a single, independent body be made responsible for ensuring observance of media regulations and for the handling of media-related complaints. In addition, comprehensive steps should be taken to strengthen the financial and editorial independence of public broadcasters, with adequate funding mechanisms put in place to reduce their dependency on the state budget.
Other recommendations focus on possible improvements to the process for addressing complaints and appeals, enduring voting and candidacy rights of persons with disabilities, and eliminating delays in the publication of detailed election results by polling station.