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Location: Belarus
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Belarus
2016
EOM
Parliamentary
elections
Consideration should be given to revising the Election Code to provide a dedicated section on complaints and appeals that ensures a systematic and simple framework of all mechanisms for legal redress in one hierarchical and clear structure. Amendments should ensure that all acts, omissions and decisions of election commissions are subject to judicial appeal.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Complaints and Appeals
Belarus
2016
EOM
Parliamentary
elections
Every voter, candidate, and political party should have the right to lodge a complaint on every aspect of the electoral process. The deadlines for filing complaints should be suited to the pace and context of an electoral process so as to ensure the right to effective remedy.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Complaints and Appeals
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
2016
EOM
Parliamentary
elections
To enhance the integrity of the voting process, authorities should consider more robust security measures such as numbered ballot box seals, uniform translucent ballot boxes, ballots with safety features and unique PEC stamps. In view of preventing undue influence on voters and PEC members, the presence of local officials in polling stations should be prohibited.
Recommendation # in final report:
32
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Early Voting and Election Day
Belarus
2015
EOM
Presidential
A comprehensive legal reform should be considered and developed on the basis of previous OSCE/ODIHR recommendations, including OSCE/ODIHR and Venice Commission Joint Opinions, and through an inclusive process with all relevant stakeholders.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Electoral System and Legal Framework
Belarus
2015
EOM
Presidential
The Electoral Code should be amended to include substantial procedural safeguards that ensure integrity and transparency of all stages of the electoral process, in particular the composition of election commissions, the verification of support signatures, observers’ rights, the conduct of early and mobile voting as well as an honest counting and tabulation of votes.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Electoral System and Legal Framework
Belarus
2015
EOM
Presidential
As previously recommended, all relevant laws and decrees should be amended to ensure that any restrictions on fundamental freedoms have the character of exceptions, be imposed only when necessary in a democratic society, be proportionate to a legitimate aim and not be applied in an arbitrary and overly restrictive manner.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Electoral System and Legal Framework
Belarus
2015
EOM
Presidential
To ensure a genuinely pluralistic composition of election commissions and to promote confidence in the election administration, consideration should be given to revising the system for nominating and appointing election commissions and to ensuring the inclusion of commission members nominated by contestants at all levels of the election administration.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Administration
Belarus
2015
EOM
Presidential
Authorities should ensure that there is a clear separation of the State and partisan interest, equal treatment of contestants before the law and that the campaign is conducted in a fair and free environment. Authorities should ensure that campaigning is held in line with national legislation, including without abuse of official position, involvement of employees or other subordinate persons, and support for campaigning provided by state-subsidized associations.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election campaign
Belarus
2015
EOM
Presidential
Authorities could reconsider the requirement for accreditation and allow journalists who are members of domestic media to work for foreign media and Belarusian media based abroad.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Media
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