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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
2019
Early election
EOM
Parliamentary
elections
The Election Code should be revised to provide a comprehensive hierarchical framework for election dispute resolution, as well as to eliminate ambiguities regarding jurisdictions and calculation of deadlines. At a minimum, all candidates and voters in the constituency concerned should be able to file complaints against election results at all levels.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
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
2016
EOM
Parliamentary
elections
The legal framework should be comprehensively reviewed to address previous OSCE/ODIHR and Venice Commission recommendations, including on the composition of election commissions, candidacy rights, observers’ rights, voting, counting and tabulation. The law should be interpreted and implemented to ensure an equal playing field for 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 implemented
Year of assessment:
2019
Final report heading:
Electoral System and Legal Framework
Belarus
2016
EOM
Parliamentary
elections
All relevant laws and decrees should be reviewed and amended to ensure that any restrictions on fundamental freedoms have the character of exception, are imposed only when necessary in a democratic society, are proportionate with a legitimate aim, and are not applied in an arbitrary and overly restrictive manner.
Recommendation # in final report:
2
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
2016
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:
Legal Framework
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Electoral System and Legal Framework
Belarus
2016
EOM
Parliamentary
elections
To ensure legal certainty, fundamental aspects of the electoral process should be regulated by law and not by CEC resolutions. Legal reform should be undertaken early enough in advance of elections through a transparent and inclusive legislative process with all relevant stakeholders.
Recommendation # in final report:
4
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
2016
EOM
Parliamentary
elections
Authorities should ensure that candidates and voters are able to exercise their right to assemble and express or receive information without fear of retribution, administrative action or intimidation.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Campaign
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