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Location: Belarus
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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Belarus
2016
EOM
Parliamentary
elections
To enhance transparency and accountability, results should be published disaggregated by polling station and separately for each candidate and include votes cast against all candidates and the number of valid, invalid and spoiled ballots.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Day
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
2015
EOM
Presidential
Consideration could be given to extending the composition of the MSB to include representatives of private media and the BAJ to reinforce its independence and instil public confidence in the impartiality of its work. The MSB should be mandated and sufficiently resourced to conduct consistent monitoring of media campaign coverage to more effectively fulfil its role.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Media
Belarus
2016
EOM
Parliamentary
elections
Measures should be taken to ensure unrestricted access of observers to all aspects of the electoral process. Observers should be able to observe the entire working process of election commissions, including verification of signatures and other documents for candidate registration, and inspect voter lists and receive certified copies of election commission protocols.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Citizen and International Observers
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
2015
EOM
Presidential
The law should be amended to prescribe that every voter has the right to file complaints against all decisions, actions and inactions of the election administration resulting in an infringement of his/her electoral rights.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
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
Early voting should be conducted with the same safeguards as election day, including a PEC quorum and without breaks. Daily protocols should include the number of voters registered on the voter list, those added and those who voted. They should remain publicly posted until after the end of counting and until the deadline for filing complaints.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Early Voting and Election Day
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
Belarus
2015
EOM
Presidential
Measures should be taken to ensure unrestricted access of citizen and international observers to observe all aspects of the electoral process throughout, voting, counting and tabulation. Observers should have the right to familiarize themselves with the content of voter lists and receive a certified copy of the results protocols.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Citizen And International Observervation
Belarus
2016
EOM
Parliamentary
elections
The vote count should be held in a transparent manner, whereby all PEC members, observers and candidate proxies would be able to verify the outcome of the process. As a means to build public confidence, consideration should be given to announcing and showing the selection on each ballot to those present as well as announcing all the figures entered into PEC protocols.
Recommendation # in final report:
9
Type of recommendation:
Priority
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
2019
Early election
EOM
Parliamentary
elections
Clear and transparent procedures for counting should be established and strictly implemented so that all present observers are able to verify that the results were counted genuinely and reported honestly. To achieve that, consideration should be given to announcing and displaying the choice on each ballot. The tallying and establishing of results and completion of results protocols should be conducted in an open manner that provides for meaningful observation. Observers should be provided with a copy of the official results protocol.
Recommendation # in final report:
9
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
Belarus
2015
EOM
Presidential
The system for early voting should be reviewed. If maintained, the same safeguards as on election day should apply, including the requirement for the PEC to be in quorum. Authorities could consider having a single protocol containing daily information, including the number of voters on the voter list, which would remain on public display in the polling station throughout early voting and until the end of the count.
Recommendation # in final report:
10
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary 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
2016
EOM
Parliamentary
elections
To enhance the transparency of tabulation and instil public confidence in the accuracy of the results, DECs should conduct uninterrupted tabulation from the handover of PEC protocols until the completion of DEC result protocols in the presence of PEC members and observers.
Recommendation # in final report:
10
Type of recommendation:
Priority
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Early Voting and Election Day
Belarus
2019
Early election
EOM
Parliamentary
elections
Consideration should be given to removing the turnout requirement, particularly in the case of repeat elections, and to introducing a deadline for the holding of repeat elections.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System and Legal Framework
Belarus
2015
EOM
Presidential
Clear and transparent procedures for counting should be established and strictly implemented. Consideration should be given to announcing and displaying the choice on each ballot. The tallying of results and completion of results protocols should be conducted in an open manner that provides for meaningful observation.
Recommendation # in final report:
11
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Early Voting and Election Day
Belarus
2016
EOM
Parliamentary
elections
Consideration could be given to removing the turnout requirement for elections, or at least removing it in the case of repeat elections. This would avoid the possibility of indefinitely repeating elections because of an insufficient turnout.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Electoral System and Legal Framework
Belarus
2019
Early election
EOM
Parliamentary
elections
The authorities should consider changing the mechanism for appointment of CEC members to ensure safeguards for its independence and impartiality and to improve public confidence in the election process.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Belarus
2015
EOM
Presidential
To enhance transparency and accountability, results should be published and disaggregated by polling station, and include results from early voting separately for each candidate, the number of valid and invalid votes, votes cast against all candidates, and the number of spoiled ballots.
Recommendation # in final report:
12
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Early Voting and Election Day
Belarus
2016
EOM
Parliamentary
elections
The blanket disenfranchisement of citizens serving prison terms regardless of the severity of the crime committed should be reconsidered to ensure proportionality between the limitation imposed and the severity of the offense. Restrictions on the suffrage rights of those in police custody or pre-trial detention should be removed. Restrictions on the suffrage rights of persons declared mentally incompetent should be decided on a case-by-case basis. The authorities should consider ratifying the UN Convention on the Rights of Persons with Disabilities.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Voter Registration
Belarus
2019
Early election
EOM
Parliamentary
elections
To increase transparency and confidence in the work of election administration, the CEC should consider discussing all substantive matters in public sessions.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Belarus
2015
EOM
Presidential
Authorities should consider all allegations of serious violations and investigate them fully, bringing those who are proven to have been involved to justice.
Recommendation # in final report:
13
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Early Voting and Election Day
Belarus
2016
EOM
Parliamentary
elections
Consideration should be given to developing a centralized, computerized, and publicly available voter register in line with data protection regulations. A legal deadline for voter registration prior to election day could be introduced, with additional entries permitted only in accordance with clearly defined legal requirements subject to judicial control.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Voter Registration
Belarus
2019
Early election
EOM
Parliamentary
elections
To enhance pluralistic representation on election commissions and to promote confidence in the election administration, consideration should be given to ensuring the inclusion of commission members nominated by all contestants.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Belarus
2015
EOM
Presidential
The law should be amended to prescribe an exhaustive list of possible electoral violations and respective sanctions, which should be proportionate and dissuasive.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary 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 mechanism of CEC formation should be reconsidered to provide sufficient safeguards for its independence and impartiality and to enhance public confidence in the election administration.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Administration
Belarus
2019
Early election
EOM
Parliamentary
elections
To enhance the independence of election commissions, appointment mechanisms should be adjusted to avoid replicating existing hierarchical relationships in public institutions. In addition, the authorities could consider excluding local executive representatives and other public officials from concurrently serving as election commission members.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Belarus
2015
EOM
Presidential
The authorities should reconsider the mechanism of appointment of CEC members to ensure that sufficient safeguards are in place for its independence and impartiality and to improve public confidence in the election administration.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Administration
Belarus
2016
EOM
Parliamentary
elections
In view of ensuring the impartiality of the election administration and increasing public trust, local executive officials should not be allowed to simultaneously serve on election commissions or interfere in their activities.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Administration
Belarus
2019
Early election
EOM
Parliamentary
elections
To facilitate the equal participation of persons with physical disabilities in elections, the CEC, in co-operation with the relevant state authorities and in consultation with civil society, should continue to take measures to ensure autonomous access to all polling stations.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
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
2016
EOM
Parliamentary
elections
To enhance the pluralistic representation on election commissions and to promote confidence in the election administration, consideration should be given to ensuring the inclusion of commission members nominated by all contestants. To enhance the independence of election commission members, commissions should not replicate existing hierarchical relationships in public institutions.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Administration
Belarus
2019
Early election
EOM
Parliamentary
elections
The blanket disenfranchisement of citizens serving prison terms should be reconsidered to ensure proportionality between the limitation imposed and the severity of the offense. Restrictions on the suffrage rights of those in pre-trial detention should be removed. Restrictions on voting rights which disenfranchise persons with intellectual or psychosocial disabilities should be removed.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Belarus
2015
EOM
Presidential
The blanket denial of suffrage rights of citizens in pre-trial detention or serving prison terms regardless of the severity of the crime committed should be reconsidered to ensure proportionality between the limitation imposed and the severity of the offense committed. The blanket restrictions on the suffrage rights of persons declared mentally incompetent should be removed or decided on a case-by-case basis, depending on specific circumstances.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Voter Registration
Belarus
2016
EOM
Parliamentary
elections
To ensure suffrage rights, restrictions on the right to stand of individuals with an unexpunged criminal record should be reviewed. Such restrictions should apply for only the most serious of offences.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Candidate Registration
Belarus
2019
Early election
EOM
Parliamentary
elections
Consideration should be given to developing a centralized, computerized, and publicly available voter register, in line with data protection regulations. The number of voters per polling station should be made public to contribute to transparency and accountability. In line with good practice, a legal deadline for voter registration prior to election day could be introduced, with additional entries permitted in accordance with clearly defined legal requirements subject to judicial control.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Belarus
2015
EOM
Presidential
Prior to election day, voters should be able to inspect the voter register and request changes to their information. The final voter lists should be published along with disaggregated information. Observers and candidate representatives should be given access to voter lists.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Voter Registration
Belarus
2016
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’ financial declarations should not lead to automatic disqualification and candidates should be provided an opportunity to correct minor or technical mistakes in their applications.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Candidate Registration
Belarus
2019
Early election
EOM
Parliamentary
elections
To ensure equal suffrage rights, restrictions on the right to stand of individuals with criminal record should be reviewed. Such restrictions should be proportional to the crime committed. The law should clearly define permanent residence for the purpose of candidacy.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Belarus
2015
EOM
Presidential
A legal deadline for voter registration prior to election day could be introduced, with additional entries permitted only in accordance with clearly defined legal requirements subject to judicial control.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Voter Registration
Belarus
2016
EOM
Parliamentary
elections
Consideration could be given to reducing the requisite number of supporting signatures for registration, introducing clear and reasonable criteria for verification, and ensuring equal conditions for signature collection. Consideration could also be given to introducing an alternative requirement, such as a reasonable financial deposit that is refunded if the candidate obtains a certain amount of votes.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Candidate Registration
Belarus
2019
Early election
EOM
Parliamentary
elections
Legal and administrative measures should be taken to ensure equal conditions for signature collection and verification. Consideration should be given to reducing the requisite number of supporting signatures for candidate registration and allowing access to observe the signature verification process.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Belarus
2015
EOM
Presidential
The 10-year residency requirement for persons who are otherwise eligible to stand for election should be reconsidered.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Candidate Registration
Belarus
2016
EOM
Parliamentary
elections
Authorities should ensure a clear separation of the State and candidate as well as guarantee equal treatment of contestants before the law. Campaigning should take place without abuse of official position, pressured involvement of employees, or support from state-owned enterprises or state-subsidized associations.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Campaign
Belarus
2019
Early election
EOM
Parliamentary
elections
The right to free assembly should be respected in relation to all electoral and political stakeholders before, during and after elections are held. The authorities should remove fees for holding any public events.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
Belarus
2015
EOM
Presidential
Authorities should ensure equal conditions for signature collection for candidate registration. In line with good electoral practice, the number of supporting signatures could be reduced and all signatures should be subject to verification in a transparent and objective manner.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Candidate Registration
Belarus
2016
EOM
Parliamentary
elections
To ensure effective exercise of the freedom of expression and to enable voters to make an informed choice, all candidates should be free to craft their campaign messages to the electorate within the limits of the law. Information about candidates or their programmes should not be subject to review by election commissions or any other body.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Campaign
Belarus
2019
Early election
EOM
Parliamentary
elections
Authorities should ensure, through legal and administrative measures, that campaigning takes place without abuse of official position, pressure on public employees, or support from state-owned enterprises or state-subsidized associations.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
Belarus
2015
EOM
Presidential
Consideration could be given to re-introducing monetary public funding, in view of enhancing equal opportunities of contestants. To increase the transparency and accountability and to enable voters to make an informed choice, the CEC could consider publishing comprehensive and disaggregated candidate reports on income and expenditures in a timely manner.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Election Campaign
Belarus
2016
EOM
Parliamentary
elections
In order to ensure the right to freedom of peaceful assembly, the notification procedure for staging events should be applied equally to all stakeholders and be widened to include pre- and post- election activities.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Election Campaign
Belarus
2019
Early election
EOM
Parliamentary
elections
Consideration could be given to introducing direct public campaign financing as a means to level the playing field among candidates.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Belarus
2015
EOM
Presidential
In view of ensuring the effective exercise of freedom of expression, any restrictions on the operation of online resources should be clearly defined by law, proven necessary and commensurate with the purported aim. Authorities could consider detailing the legal concept of “harmful to the interest of Belarus”.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Media
Belarus
2016
EOM
Parliamentary
elections
Consideration could be given to re-introducing direct public campaign financing as a means to level the playing field among candidates. Prospective candidates should be allowed to open campaign funds before registration to be able to finance activities related to signature collection and fundraise for their campaigns.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Campaign Finance
Belarus
2019
Early election
EOM
Parliamentary
elections
An independent, impartial and professional body should audit campaign finance reports on the basis of fair and objective criteria. To enhance transparency, campaign finance reports should be published.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Belarus
2015
EOM
Presidential
In view of ensuring effective access to public information, restrictions prescribed by the Law on State Secrets could be reconsidered.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Media
Belarus
2016
EOM
Parliamentary
elections
To enhance transparency, campaign finance reports, including all income and expenditure, should be published in a timely manner. An independent, impartial and professional body should audit campaign finance reports on the basis of fair and objective criteria.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Campaign Finance
Belarus
2019
Early election
EOM
Parliamentary
elections
As previously recommended, the accreditation of journalists should be reconsidered in view of improving their working conditions rather than functioning as a work permit. Freelance and online journalists should enjoy the same status as other journalists, without discrimination.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Belarus
2015
EOM
Presidential
The appeal procedure and, in particular, the powers and responsibilities of adjudicating bodies should be clearly regulated by law, so as to avoid conflicts of jurisdiction.
Recommendation # in final report:
25
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
The legal framework for media should be reformed to ensure full protection of the principle of freedom of speech and the press, both offline and online. Defamation should be decriminalized.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Media
Belarus
2019
Early election
EOM
Parliamentary
elections
Decisions on restricting access to websites and other Internet-based resources, including the full list of blocked websites, should be transparent and subject to judicial oversight.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Belarus
2015
EOM
Presidential
In view of ensuring transparent dispute resolution, the election administration could consider reviewing complaints in open sessions and include the concerned parties. In addition, the CEC should consider publishing general information on applications and complaints on its website in a timely manner.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Complaints and Appeals
Belarus
2016
EOM
Parliamentary
elections
The accreditation of journalists should be reconsidered in view of improving their working conditions rather than functioning as a work permit. Freelance and online journalists should enjoy the same status of other journalists without discrimination.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Media
Belarus
2019
Early election
EOM
Parliamentary
elections
Oversight of media in election campaigns should be conducted by an independent oversight body, with appropriate mechanisms to ensure its balanced composition. The authorities could consider mandating such a body to conduct comprehensive monitoring of media coverage of election campaigns, with its methodology and results made public. Procedures for handling media-related complaints should be clearly regulated to ensure effective remedy.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Belarus
2015
EOM
Presidential
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, ballot papers with safety features, and unique PEC stamps.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Early Voting and Election Day
Belarus
2016
EOM
Parliamentary
elections
Consideration should be given to ensuring a more balanced MSB membership by including private media professionals and additional civil society representatives. The MSB should be mandated and sufficiently resourced to conduct comprehensive media monitoring during the election campaign so as to more effectively fulfil its role.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Media
Belarus
2019
Early election
EOM
Parliamentary
elections
State-owned media should provide adequate coverage of candidates in their news and political programmes and provide voters with relevant information on contestants’ programmes and activities. Consideration should be given to develop policy guidance to media for parliamentary elections period.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Media
Belarus
2015
EOM
Presidential
Consideration could be given to introduce stricter requirements to qualify for mobile voting and further detail the procedures to safeguard the integrity of the election process. Identified shortcomings and malpractices with the administration of homebound voting should be addressed during training of election staff and adequately followed up by the authorities.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Early Voting and Election Day
Belarus
2016
EOM
Parliamentary
elections
State-owned media should provide impartial and balanced coverage in their news and political programmes to all contestants and should provide voters with sufficient information to make an informed choice. To achieve this, the competent authorities could develop policy guidance and training for electoral periods.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Media
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
To enhance the transparency of tabulation and instil public confidence in the accuracy of the results, detailed and uniform provisions and procedural safeguards should govern the process at TECs. TECs should conduct uninterrupted sessions from the closing of polls until the completion of TEC results protocols with PEC protocols tabulated in the presence and with the consent of the PEC.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Early Voting and Election Day
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
2019
Early election
EOM
Parliamentary
elections
As previously recommended, to enhance the integrity of the voting process, authorities should consider introducing more robust security measures such as uniform translucent ballot boxes, ballot papers with safety features, and unique PEC stamps. To ensure secrecy of the vote, voters should be instructed to fold their ballots after marking their choice on the ballot.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Early Voting and Election Day
Belarus
2015
EOM
Presidential
The election administration, the courts and the Prosecutor’s Office should duly and impartially consider the substance of all complaints in a meaningful manner and ensure that all perpetrators found guilty of election violations are held accountable.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Early Voting and Election Day
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
2019
Early election
EOM
Parliamentary
elections
Identified shortcomings and malpractices with the administration of homebound voting should be addressed during the training of election staff and adequately followed up by the authorities. Stricter requirements to qualify for mobile voting could be introduced to prevent abuse.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Early Voting and Election Day
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 law should be amended to prescribe uniform tabulation procedures. To enhance the transparency of tabulation and instil public confidence in the accuracy of the results, DECs should conduct uninterrupted tabulation from the handover of PEC protocols until the completion of DEC result protocols in the presence of PEC members and observers. Observers should not be restricted in their observation of the tabulation.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Early Voting and Election Day
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
2019
Early election
EOM
Parliamentary
elections
To enhance transparency and accountability, results should be published by polling station, and these disaggregated results should include the number of registered voters, votes cast for each candidate, votes cast “against all” candidates, and the number of valid, invalid and spoiled ballots.
Recommendation # in final report:
32
Type of recommendation:
Other
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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