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Location: Belarus
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Belarus
2016
EOM
Parliamentary
elections
In view of enhancing the transparency of dispute resolution, complaints and appeals should be reviewed by election commissions and courts in the presence of the concerned parties and decisions should be published in a timely manner. All judicial proceedings should be public.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2019
Final report heading:
Complaints and Appeals
Belarus
2015
EOM
Presidential
Detailed procedures for aspects left unregulated by the Electoral Code should be developed by the CEC to enhance accountability, inclusiveness, transparency, security and integrity of the process and to ensure clear and uniform rules for lower-level election commission.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Year of assessment:
2019
Final report heading:
Election Administration
Belarus
2019
Early election
EOM
Parliamentary
elections
The legal framework should be comprehensively reviewed to address previous ODIHR and Venice Commission recommendations, including on the composition of election commissions, candidacy rights, observers’ rights, and safeguards for voting, counting and tabulation. The law should be interpreted and implemented to ensure an equal playing field for all contestants, genuine competition, the free expression of the will of the voters, and the integrity of the electoral process.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System and Legal Framework
Belarus
2019
Early election
EOM
Parliamentary
elections
The authorities should align legislation regulating the freedoms of association, assembly and expression with international standards; any restrictions on fundamental freedoms should have the character of exception, be imposed only when necessary in a democratic society and be proportionate to the legitimate aims of the law.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System and Legal Framework
Belarus
2019
Early election
EOM
Parliamentary
elections
Authorities should ensure the right of individuals and groups to establish, without undue restrictions, their own political parties or political organizations, and provide them with the necessary legal guarantees to compete with each other on an equal basis.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Background and Political Context
Belarus
2019
Early election
EOM
Parliamentary
elections
To enhance inclusiveness and transparency, the Election Code should provide clear and reasonable criteria and mechanisms for candidate registration. Minor inaccuracies in candidates’ documentation, including financial declarations, should not lead to automatic disqualification. Candidates should be provided an opportunity to correct minor or technical mistakes in their applications.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Belarus
2019
Early election
EOM
Parliamentary
elections
Law should be revised to guarantee that candidate deregistration is an exceptional measure applied only in case of gross violations of the law as determined by a court.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Belarus
2019
Early election
EOM
Parliamentary
elections
Authorities should ensure that candidates, voters and observers are able to exercise their civil and political rights without fear of retribution, administrative action or intimidation, and should promptly investigate and respond to such allegations.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Belarus
2019
Early election
EOM
Parliamentary
elections
The legal framework for media should be reformed to ensure full protection of the principle of freedom of expression and equal access to information for journalists. Criminal defamation and insult provisions should be repealed in favour of civil sanctions and be strictly proportional to the harm caused.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Belarus
2019
Early election
EOM
Parliamentary
elections
Sufficient safeguards should be introduced to ensure the integrity of the early voting process, such as tamper-resistant, numbered seals that are accounted for and recorded, quorate PECs, and requirements that each day of early voting be conducted without breaks. All daily protocols should remain publicly posted until after the end of counting and extended until the deadline for filing complaints. To increase trust and accountability of early voting process, the authorities could consider publishing daily turnout information for each polling station.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Early Voting and Election Day
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