See related documentsElection observation report
| Doc. 13921
| 18 November 2015
Observation of the presidential election in Belarus (11 October 2015)
Author(s): Ad hoc Committee of the Bureau
Rapporteur : Mr Reha DENEMEÇ,
Turkey, EC
1. Introduction
1. At its meeting on 22 June 2015,
the Bureau of the Parliamentary Assembly decided, subject to receipt of
an invitation, to observe the presidential election in Belarus.
For this purpose, it set up an ad hoc committee comprising 11 members,
including the rapporteur of the Committee on Political Affairs and
Democracy on “The situation in Belarus” and authorised a pre-electoral
mission to take place one month before the election.
2. On 15 July 2015, the Assembly received an invitation from
the Belarus authorities to observe the presidential election. On
31 August, the Bureau took note of the declarations made by the
candidates for the election mission confirming that they had no
conflict of interest, approved the composition of the ad hoc committee
and appointed as its chair Ms Arpine Hovhannisyan (Armenia, EPP/CD).
Owing to her appointment as Minister for Justice of Armenia, Ms
Hovhannisyan was unable to chair the delegation and the President
of the Assembly appointed Mr Reha Denemeç (Turkey, EC) as chair
of the delegation (see Appendix 1).
3. The Assembly’s pre-electoral delegation travelled to Minsk
from 7 to 10 September 2015 to evaluate the state of preparations
and the political climate in the run-up to the presidential election
on 11 October 2015. The multiparty delegation was composed of Reha
Denemeç (Turkey, EC), head of the delegation, Jonas Gunnarsson (Sweden,
SOC), Marieluise Beck (Germany, ALDE), Andrej Hunko (Germany, UEL)
and Andrea Rigoni (Italy, ALDE), rapporteur on “The situation in
Belarus” of the Committee on Political Affairs and Democracy.
4. During its visit to Belarus, the pre-electoral delegation
met the presidential candidates or their representatives, the Speakers
of the two Houses of Parliament of Belarus, the Minister of Foreign
Affairs, the Chair of the Central Election Commission (CEC), the
President of the State television and radio company, representatives
of the international community, the Head of the Office for Democratic
Institutions and Human Rights of the Organisation for Security and
Co-operation (OSCE/ODIHR) election observation mission, and representatives
of civil society and the media.
5. The Parliamentary Assembly pre-electoral delegation, in the
statement issued at the end of the visit, welcomed the openness
of the Belarus authorities who had invited the delegation to observe
the presidential election, 14 years following the previous invitation
in 2001. It also welcomed the invitation extended to a large number
of international organisations to observe the presidential election,
including the OSCE/ODIHR long-term observers, without imposing constraints
on their work, in accordance with the international commitments of
Belarus. The statement issued by the pre-electoral delegation at
the end of its visit is set out in Appendix 2.
6. The ad hoc committee was part of the international election
observation mission which also comprised observers from the Parliamentary
Assembly of the OSCE and the OSCE/ODIHR election observation mission.
7. The ad hoc committee visited Minsk from 9 to 12 October 2015.
As part of the programme of joint meetings, it met the presidential
candidates or their representatives, the Chair of the Central Election Commission,
the Head of the OSCE/ODIHR election observation mission and his
colleagues, and representatives of civil society, international
organisations and the media. The programme of the ad hoc committee’s
meetings is set out in Appendix 3.
8. On polling day, the ad hoc committee split up into seven teams
deployed in Minsk, Brest, Borisov and the surrounding areas.
9. The international election observation mission concluded that
the presidential election of 11 October had shown that Belarus still
had a considerable way to go in honouring its commitment to hold
democratic elections. On polling day, voters had been able to make
their choice in a transparent manner in the presence of many domestic
and international observers. However, counting procedures needed
to be improved considerably. An election was not limited to polling
day. Consequently, Belarus needed to reform its legal framework
to ensure a thoroughly competitive political environment, which
was a key condition for the long-term democratic stability of the
country. The press release of the international election observation
mission published following the election is reproduced in Appendix 4.
2. Political context and legal
framework
10. The Parliamentary Assembly
observed parliamentary elections in Belarus for the first time in
1995. In 1996, the Assembly observed the Constitutional referendum
and the parliamentary elections and the presidential election in
September 2001.
11. The previous presidential election was held on 19 December
2010. According to the official results, of the ten candidates,
incumbent President Alexander Lukashenko was elected with 79.67%
of the votes (5 122 866 votes). Andrei Sannikov received the second-highest
percentage – 2.56% (164 000 votes). Alexander Lukashenko has been
the President of Belarus since 1994.
12. Developments in the situation of Belarus, following the previous
presidential election, have been a central focus of the Parliamentary
Assembly’s attention. The crackdown on protesters contesting the
2010 presidential election results and the detention of the opposition
candidates prompted an urgent debate during the Assembly’s January
2011 part-session, which led to the adoption of
Resolution 1790 (2011). In this resolution, the Assembly reaffirmed its decision
to put on hold its activities involving high-level contacts with the
Belarus authorities and called on the Bureau of the Assembly not
to lift the suspension of the special guest status for the Parliament
of Belarus.
13. On 10 March 2011, the Bureau of the Assembly set up an ad
hoc committee on recent detentions, prosecutions and convictions
of members of the opposition in Belarus. A report covering the period
from 19 December 2010 to 1 October 2011 was made public by decision
of the Bureau on 7 October 2011. The continuing deterioration of
the situation of human rights and civil and political liberties
throughout 2011 led to the adoption of
Resolution 1857 (2012) and
Recommendation
1992 (2012) on the situation in Belarus
.
14. On 27 June 2013, the Assembly’s Committee on Political Affairs
and Democracy held an exchange of views with members of both Houses
of the National Assembly of the Republic of Belarus. On 25 and 26 February
2015, Mr Andrea Rigoni (Italy, ALDE), rapporteur on the situation
in Belarus, made a visit to the country. While welcoming the openness
of the authorities of Belarus, the rapporteur reiterated the Assembly’s non-negotiable
position on the establishment of a moratorium on executions with
a view to abolishing the death penalty, as well as the release of
all political prisoners.
15. Following a proposal by Mr Rigoni, a delegation from the Belarus
Parliament was invited to a regional conference for eastern partnership
countries organised by the Parliamentary Assembly on 4 and 5 June
2015 in Paris. The theme of the conference was “Implementation of
the right to free elections: the challenge of implementing the electoral
laws and respect for Council of Europe standards”.
16. On 23 August 2015, during the pre-election campaign, the Belarus
authorities released six political prisoners, including one former
presidential candidate in the 2010 presidential election, Mr Nikolai
Statkevich. On 9 September 2015, the Assembly’s pre-electoral delegation,
during its visit to Minsk, welcomed this positive development and
urged the authorities to continue improving the human rights situation
in Belarus, which was a key condition for the long-term democratic
stability of the country.
17. On 23 August 2015, Anne Brasseur, President of the Assembly,
also welcomed the release of six political prisoners by the Belarus
authorities, adding, however, that this positive development should
be “followed by further concrete steps that could lead to an improvement
of the human rights situation and the normalisation of relations
with the Council of Europe. The presidential elections scheduled
for 11 October 2015 will be an important test for the Belarusian
leadership to prove the seriousness of their intentions to align themselves
with Council of Europe standards in the sphere of democracy and
human rights”.
18. The application of the initiative group of Nikolai Statkevich
to be registered as a presidential candidate was rejected before
the date of his release. On 9 September 2015, during the meeting
with the Assembly’s pre-electoral delegation, the chair of the Belarus
Central Election Commission said that the application had been rejected
on the basis of Article 60 of the Electoral Code which stipulated
that citizens nominated as candidates for the position of the President
of the Republic of Belarus or for deputies must be entitled, by
virtue of the legislation of the Republic, to occupy positions in
the State bodies and other State organisations of Belarus. Such
entitlement is not granted to citizens who have been convicted of
an offence. The representatives of Mr Statkevich’s initiative group
lodged an appeal against the CEC decision before the Supreme Court,
which confirmed the CEC’s decision.
19. The Republic of Belarus has a presidential system, governed
by a president who has extensive powers, including the authority
to dissolve the lower and upper houses of parliament, to issue presidential
decrees which have the force of law when the legislature is in recess,
to declare a state of emergency or to impose martial law. Elections
are regulated, overall, by the Constitution and the Electoral Code.
The Constitution guarantees universal, equal and direct suffrage
by secret ballot. Belarus is an associate member of the Venice Commission
and a member of the Group of States against Corruption (GRECO).
20. The president is elected by direct universal suffrage for
a five-year term in a two-round first-past-the-post election. In
order for the election to be valid, over 50% of all registered voters
must take part. In the event that none of the candidates wins more
than 50% of votes cast, including “invalid ballots” and votes “against
all”, in the first round, the second round takes place within two
weeks after polling day. In the event of an invalid election, the
repeat election also requires a 50% turnout.
21. The ad hoc committee was informed of recent (June 2015) amendments
to the Electoral Code occasioned by changes introduced in various
pieces of legislation relating to the prohibition of funding from foreign
sources.
22. Other amendments to the Electoral Code introduced in November
2013 extended the period for collecting campaign funds, authorising
potential presidential candidates to open a bank account once an initiative
group has been registered, and raising the private donations cap
and the spending limit for presidential campaigns.
23. These amendments also banned acts of disruption and the cancellation
or postponement of elections and referendums. These changes were
introduced as a result of the ratification by Belarus of the Convention on
the Standards of Democratic Elections, Electoral Rights, and Freedoms
in the Member States of the Commonwealth of Independent States (CIS). Prior
to ratification of this convention and the adoption of the amendments
in November 2013, the law prohibited calls for a boycott only on
the day of the election. With this change to the legislation, all
activities to boycott or call for the boycott of an election are
prohibited. In this connection, a number of people with whom the
Assembly’s ad hoc committee spoke expressed their concerns about
possible abuse of this provision.
24. Generally speaking, the overall legal framework has been assessed
in previous elections as not adequately guaranteeing the conduct
of elections in line with international standards. Various people
with whom the ad hoc committee spoke observed that despite the encouraging
post-electoral commitments and the authorities’ stated openness
to consider the OSCE/ODIHR recommendations, the amendments introduced
in the election legislation following the 2012 elections failed
to address some key recommendations related to balanced election
commissions composition and early voting procedures.
3. Election administration,
registration of voters and candidates
25. Elections are administered
by the Central Election Commission (CEC), 153 territorial election commissions
(TECs) and 6 129 polling station commissions (PSCs), including 49
PSCs abroad. While the CEC is a permanent body and was appointed
for a five-year term in 2011, TECs and PSCs are appointed on a temporary
basis by regional or local authorities.
26. Under the Constitution and the Electoral Code, the President
of the Republic appoints six of the twelve members of the CEC, including
the chair, and has the power to dismiss all of its members. The
other six members of the CEC are appointed by the upper house of
the parliament. Each registered presidential candidate is entitled
to appoint one member with a consultative vote to participate in
CEC sessions.
27. A positive feature is that political parties and public associations
have the right to nominate at least one third of TEC and PSC members,
and no more than one third of the members can be State employees.
The CEC states that it has adopted a decision under which local
authorities will need to provide written explanations for their
rejection of candidates for members of election commissions from
parties or public associations.
28. Nonetheless, various opposition representatives with whom
the ad hoc committee spoke said that the membership of the TECs
and PSCs was unbalanced: barely 40 members out of the 69 000 election commission
members were representatives of the opposition.
29. Following an open and unrestricted invitation to the observing
institutions, the CEC displayed a welcoming attitude towards international
observers. The Assembly’s pre-electoral delegation welcomed the
will of the authorities of the country to invite a large number
of international observers, including ODIHR long-term observers,
without imposing constraints on their work, in accordance with the
country’s international commitments. The ODIHR observers stated
that the CEC had adopted all its decisions within the deadlines
laid down, in full compliance with instructions and with the rules
in force; the CEC’s decisions were published on its website.
30. Belarusian citizens over 18 years of age on polling day and
permanently or temporarily residing within a constituency are eligible
to vote. On 24 September 2015, the CEC decided that citizens in
prison for offences incurring a sentence of fewer than three months
would be given the right to vote.
31. Voter registration is passive. Voter lists are compiled for
each constituency by the relevant local authorities and there is
no centralised voter register above the level of the PSCs. On 25
September, the CEC announced that a total of 6 995 181 voters had
been registered for the presidential election, including 5 742 voters
abroad.
32. PSCs are tasked with verifying and updating the electoral
rolls by conducting door-to-door checks. Voters can be added to
additional lists on polling day subject to presentation of a valid
passport with confirmation of residence within the constituency.
This is contrary to the Venice Commission’s Code of Good Practice
in Electoral Matters. While a large number of people with whom the
ad hoc committee spoke expressed their confidence in the integrity
of the voter registration system, representatives of certain non-governmental
organisations expressed more critical views on this issue.
33. Any citizen born in Belarus, who is over the age of 35 and
who has lived permanently in the country for the previous ten years,
is entitled to run for president. Presidential candidates are nominated
by initiative groups of at least 100 eligible voters. Each initiative
group is required to submit, to its respective TEC, at least 100 000
signatures in support of a prospective candidate.
34. Nomination of candidates began 80 days before polling day
and ended 50 days before the day of the election. Registration of
candidates was carried out by the CEC and began 35 days before polling
day and ended 25 days before the day of the election, namely on
15 September 2015 for this presidential election. Each voter can
give his/her signature in support of several potential candidates.
Within 15 days following the deadline for the submission of signatures,
the TECs have to verify the authenticity and the number of signatures.
35. The CEC registered eight initiative groups out of 15 that
submitted applications, including the initiative groups of the incumbent
president. The CEC informed the members of the delegation that all
rejected applications were due to a failure to fulfil the registration
criteria such as the number of signatures to register an initiative
group, citizenship requirements of signatories or potential candidates,
or due to a potential candidate having a criminal record.
36. The CEC told the Assembly’s pre-electoral delegation that
it had received no complaint concerning the procedure of registration
of presidential candidates and the collection of signatures in support
of a prospective candidate. During the delegation’s pre-electoral
visit, a large number of civil society and opposition representatives
with whom it spoke highlighted the importance of equal opportunities
for presidential candidates to collect signatures in an unobstructed
manner. In particular, they criticised the extensive use of administrative
resources in support of the incumbent president by collecting signatures
at State-run companies during working time, through State-controlled
associations and organisations such as the Belarusian Republican
Youth Union, “Belaya Rus”, the Union of Women and the Belarusian
Public Association of Veterans.
37. The Electoral Code does not set out a clear procedure for
the selection and verification of signatures. The Assembly’s ad
hoc committee highlighted the importance of equal opportunities
for all candidates to collect signatures in an unobstructed and
free manner. Certain civil society and opposition representatives
claimed that the procedure for verifying the signatures collected
was not transparent and that this undermined confidence in the electoral
process.
38. On 10 September, the CEC registered four candidates who had
succeeded in collecting more than 100 000 signatures: the incumbent
President Alexander Lukashenko – 1 753 380 signatures; Nicolay Ulakhovich
– 149 819 signatures; Sergey Haydukovich – 139 877 signatures; and
Tatiana Korotkevich – 105 278 signatures. This was the first time
in the history of Belarus that a female candidate had been registered.
4. Electoral campaign, campaign
financing and media coverage
39. The electoral campaign began
on 10 September 2015 following the registration of the four candidates. The
latter were able to campaign throughout the whole country and, generally
speaking, without any constraints.
40. incumbent President Lukashenko ran his electoral campaign
under the slogan “For the future of independent Belarus” placing
the focus on economic development and regional stability, making
particular reference to the conflict between Ukraine and Russia.
His candidature was supported by a large number of government-linked
public associations and by well-known public figures in the country.
41. The presidential candidate Haydukovich had already run in
the presidential elections of 2001 and 2006 and had received 2.18%
and 3.5% of the votes respectively. The slogan of his campaign was
“For a strong Belarus” based on stability and public order. During
the electoral campaign he did not criticise the incumbent president
and argued for Euro-Asian integration.
42. The presidential candidate Ulakhovich ran his electoral campaign
under the slogan “For peace, tranquillity and order”, stating that
Belarus was part of the “Russian world”. He presented himself as
a “Belarusian Cossack” with strong links to the Orthodox Church.
Despite the fact that he was a presidential candidate, he supported
the current leaders of the country.
43. Ms Korotkevich was the first woman candidate to run for President
of Belarus. She is a member of the “Hramada” Social Democratic Party,
and an activist in the “Tell the Truth” movement. The slogan of
her electoral campaign was “For peaceful change”. Her electoral
platform focused on the socio-economic development of the country.
No opposition party supported her candidature. At the meeting with
the Assembly’s pre-electoral delegation in Minsk on 8 September
2015, certain opposition representatives openly questioned her independence
vis-à-vis the ruling authorities in the country.
44. The pre-election environment placed few restrictions on the
presidential candidates who were able to campaign by meeting voters,
making door-to-door visits, organising rallies and distributing
campaign material. However, representatives of civil society and
of Ms Korotkevich expressed reservations as to whether candidates
were able to campaign freely and on a level playing field, in particular
given the use of administrative resources for the incumbent president.
45. With regard to the use of administrative and public association
resources, a significant number of senior officials campaigned for
the incumbent president; a rally was organised by the Ministry of
Defence, with the organisers calling on the families of military
personnel and serving military personnel to vote for the incumbent president;
State-financed public associations campaigned for the incumbent
president. The Head of the Central Election Commission argued publicly
for the incumbent. One positive feature was that the Minister of Labour
and Social Protection, who was in charge of the incumbent president’s
campaign, took leave from her ministry during the electoral campaign.
46. With regard to the financing of the candidates’ electoral
campaign, under the legislation, candidates were to open a bank
account to collect funds once their initiative group had been registered.
Contributions could be made only through bank transfers. Candidates
could use their own funds and contributions from private citizens
and legal entities. The spending limit for a candidate was the equivalent
of approximately €115 000. By way of comparison, during the previous
election the spending limit was only one third of that amount.
47. In addition, State funding was provided for the printing of
uniform information material, containing biographical data for all
candidates, which were distributed via the PSCs. This could be seen
as a positive move, as it ensured equality among candidates as regards
information material for electors. Most of the people with whom
the ad hoc committee spoke welcomed the increased donations and
spending limits and the prolonged period for the collection of funds.
However, concerns were raised regarding the actual financial contributions
from citizens and legal entities to candidates due to potential
pressure and intimidation of donors.
48. The CEC informed the ad hoc committee that in accordance with
the legislation in force, presidential candidates were obliged to
submit income and expenditure reports to the CEC, which had an overall responsibility
for campaign finance oversight during the campaign period and for
drafting a final report within five days following polling day.
Investigative measures could be initiated and sanctions imposed
should a candidate exceed the authorised campaign financing limits
by 20%.
49. The Electoral Code provides for free airtime for candidates
on State television and radio, and free space in State-funded print
media. The CEC adopted instructions for the implementation of this
provision. The public television channel Belarus 1 and radio station
Radio National 1 allowed each candidate 30 minutes free airtime; the
incumbent president declined this offer. A live television debate
was held on 3 October between the candidates, but the incumbent
president did not take part in this event, nor did one of the candidates,
who sent his representative. In this connection, the ad hoc committee
found it a matter of regret that not all of the candidates took
part in the debate and pointed out that in its pre-electoral statement
it had encouraged all presidential candidates to take part in order
to improve the culture of political debate in Belarus and enable
the electorate to make an informed choice.
50. According to the ODIHR’s preliminary media monitoring report,
there was broad coverage of the institutional activities of the
incumbent president in the State-financed media and this coverage
was favourable to the president. During the period from 7 September
to 7 October, roughly 47% of political news concerned the incumbent
president, 9% Ms Korotkevich, and 7% Mr Haydukovich and Mr Ulakhovich
respectively.
5. Polling day
51. Polling day was calm and the
voting well organised. The ad hoc committee took note of the presence
of representatives of the candidates and national observers in a
large number of the polling stations visited. The CEC announced
that 36.6% of voters had cast their vote during the five days preceding
polling day. This advance voting procedure is provided for in the
electoral legislation without any justification.
52. The ad hoc committee noted a number of shortcomings in the
polling stations visited:
- while
voting was taking place, in general, observers were not allowed
to approach members of the polling station to verify the electoral
rolls and signatures; this prohibition is provided for in the Electoral Code;
- the members of the ad hoc committee were not systematically
allowed to get near the tables to observe the counting of votes;
this prohibition is also provided for in the Electoral Code;
- the procedures are not set out in detail, which is detrimental
to the transparency of the count and the publication of results;
the poor quality of ballot boxes and seals was also mentioned;
- there were cases of failure to comply with procedures
regarding the count and the preparation of results protocols.
53. On 16 October, the CEC announced the official results of the
presidential election: Mr Lukashenko obtained 83.5% of the votes
(5 102 478 votes), Ms Korotkevich 4.4% (271 426 votes), Mr Haydukovich
3.3% (201 945 votes) and Mr Ulakhovich 1.7% (102 131 votes). The
turnout rate was 87.2%. Mr Lukashenko was elected President of the
Republic of Belarus.
6. Conclusions
and recommendations
54. The ad hoc committee concluded
that the presidential election of 11 October 2015 showed that Belarus still
had a considerable way to go in honouring its commitment to hold
democratic elections. On polling day, voters had been able to make
their choice in a transparent manner in the presence of many domestic
and international observers. However, an election is not limited
to polling day. The vote counting procedures and the rules governing
the work of observers on polling day need to be considerably improved
in order to enhance confidence in the electoral process.
55. Belarus needs to reform its electoral legislation to ensure
a thoroughly competitive political environment which is a key condition
for the long-term democratic stability of the country.
56. The pre-election environment was calm and with few restrictions
on the presidential candidates who were able to campaign throughout
the country without constraint. The ad hoc committee welcomed the
release of political prisoners at the start of the pre-electoral
campaign and urged the authorities to continue improving the human
rights situation in the country.
57. The ad hoc committee was informed of the use of administrative
resources and resources of the State-funded public associations
in campaigning for the incumbent president; a significant number
of senior officials were also alleged to be actively involved in
the election campaign for the incumbent president. In future, the Belarus
authorities should take steps to avoid such practices.
58. The ad hoc committee welcomes the openness of the Belarus
authorities in inviting the Parliamentary Assembly to observe the
presidential election, 14 years after the previous invitation in
2001. It also welcomes the large number of international organisations
invited by Belarus to observe the presidential election, including the
ODIHR long-term observers, without imposing constraints on their
work, in accordance with the country’s international commitments.
Nonetheless, the ad hoc committee is convinced that the electoral
legislation should be improved to enable the international observers
to carry out their work effectively, particularly on polling day,
without interfering in the operation of the electoral commissions.
This could help enhance confidence in the whole electoral process.
59. With regard to the funding of the electoral campaign, candidates
could use their own funds and contributions from private citizens
and legal entities. In addition, public funding was provided to
print uniform information material on the candidates for voters,
in order to ensure equality between them. However, some of the people
with whom the ad hoc committee spoke expressed concerns regarding
the actual financial contributions from citizens and legal entities
to candidates due to potential pressure and intimidation of donors.
60. Concerning media coverage, the Electoral Code provides for
free airtime for candidates on State television and radio, and free
space in State-funded print media. The public television channel
Belarus 1 and radio station Radio National 1 allowed each candidate
the allocated free airtime. The ad hoc committee observed that there
was broad coverage of the institutional activities of the incumbent
president in the State-financed media and that this coverage was
favourable to the president. In this connection, the ad hoc committee
reiterates that public broadcasters have an obligation to ensure
equal access for all candidates without giving preferential treatment
to the incumbent president.
61. The ad hoc committee underlines the importance of the work
of all the civil society stakeholders actively involved in the observation
of elections. It believes that the Belarus authorities should pursue
their co-operation with the Parliamentary Assembly and with the
Venice Commission in order to improve the legal framework and electoral
practices in Belarus.
62. The ad hoc committee believes that the Council of Europe and
its Parliamentary Assembly, through their various co-operation programmes,
including those of the Eastern Partnership, should continue to strive
to improve the electoral legislation and its implementation in Belarus.
Appendix 1 –
Composition of the ad hoc committee
(open)
Based on proposals by the political groups
of the Assembly, the ad hoc committee was composed as follows:
Reha DENEMEÇ (Turkey, EC), Chairperson
- Socialist Group (SOC)
- Jonas GUNNARSSON, Sweden*
- Birute VESAITE, Lithuania
- Luc RECORDON, Switzerland
- Group of the European People’s
Party (EPP/CD)
- Thierry
MARIANI, France
- Emanuelis ZINGERIS, Lithuania
- Alliance of Liberals and Democrats
for Europe (ALDE)
- Marieluise
BECK, Germany*
- Luis Alberto ORELLANA, Italy
- European Conservatives Group
(EC)
- Group of the Unified European
Left (UEL)
- Rapporteur of the Committee
on Political Affairs and Democracy
- Secretariat of the Parliamentary
Assembly
- Chemavon
CHAHBAZIAN, Head of the Election Observation and Interparliamentary
Co-operation Division
- Sonia SIRTORI, Head of the Office of the Secretary General
of the Parliamentary Assembly
- Franck DAESCHLER, Principal administrative assistant,
Election observation and Interparliamentary co-operation Division
* members of the pre-election delegation
Appendix 2 –
Statement by the pre-electoral delegation
(open)
A pre-electoral
delegation from the Parliamentary Assembly of the Council of Europe
(PACE) visited Minsk to assess the pre-election process and the
preparations for the presidential election to be held on 11 October
2015.
09/09/2015 – The pre-electoral delegation welcomed the openness
of the Belarusian authorities who had invited the PACE after 14
years since the last invitation in 2001. It also welcomed the invitation
extended to a large number of international organisations to observe
the upcoming presidential election, including the ODIHR long-term
observers, without imposing constraints on their work, according
to the international commitments of Belarus.
The delegation was informed by the Central Election Commission
(CEC) about the different stages of the preparation of the presidential
election, including the procedure of collecting signatures for registration
of presidential candidates. Six candidates submitted a sufficient
number of signatures, more than 100 000, to the CEC to be registered
as a presidential candidate. According to the CEC, no complaint
was submitted to the CEC. On 10 September, after the verification
of the signatures, the CEC will announce the names of the registered
candidates.
A large number of interlocutors representing civil society
and extra-parliamentary opposition highlighted the importance of
equality of opportunity for presidential candidates to collect signatures
in a free manner and of preventing the misuse of administrative
resources in favour of the incumbent president.
Concerning the composition of election commissions, the delegation
was informed, by interlocutors representing the opposition, about
unbalanced membership of territorial and precinct election commissions. Political
parties and public associations have the right to nominate at least
one third of members of these commissions, however opposition representatives
have complained that only 40 members, among 69 000 members of election
commissions, are representatives of the opposition.
On 23 August, during the pre-election campaign, the Belarusian
authorities released six political prisoners, including one former
presidential candidate. The PACE pre-electoral delegation welcomes
this positive development; and urges the authorities to continue
improving the human rights situation in Belarus which is a key condition
for the long-term democratic stability of the country.
The Election Code envisages free airtime for presidential
candidates on State television and radio, and free space in State-funded
print media. Some interlocutors of the delegation pointed out that
the media environment has deteriorated in recent years due to defamation
lawsuits and administrative sanctions imposed on journalists. The
PACE pre-electoral delegation underlined the fact that public broadcasters
have an obligation to ensure equal access for all candidates without
privileging the incumbent president. The delegation was informed
about a TV debate between presidential candidates to be held on
3 October 2015. The delegation encourages all presidential candidates
to participate in this debate which could develop the culture of
political debate in Belarus and enable the electorate to make an
informed choice.
The PACE delegation was assured by the representatives of
the Belarusian authorities that all necessary measures will be undertaken
to guarantee the transparency of the electoral process, including
during the voting and counting procedures.
The delegation had meetings with the speakers of the two Houses
of Parliament of Belarus, the Minister of Foreign Affairs, the Chairperson
of the CEC, the President of the State television and radio company,
the presidential candidates or their representatives, representatives
of the international community, the Head of the OSCE/ODIHR election
observation mission, representatives of civil society and media.
The Parliamentary Assembly will send an 11-member delegation
to observe the presidential election on 11 October 2015.
Members of the delegation: Reha Denemeç (Turkey, EC), Head
of the Delegation; Jonas Gunnarsson (Sweden, SOC); Marieluise Beck
(Germany, ALDE); Andrej Hunko (Germany, UEL); Andrea Rigoni (Italy, ALDE),
Rapporteur of the Committee on Political Affairs and Democracy on
“The situation in Belarus”
Appendix 3 –
Programme of the election observation mission (9-12 October 2015)
(open)
Friday
9 October 2015
11:00-12:00 PACE ad hoc committee internal meeting:
- Opening by Mr Reha Denemeç,
Head of the delegation
- Debriefing by the members of the pre-electoral mission
- Information by the secretariat of PACE on the deployment,
logistic questions; distribution of files
Joint parliamentary briefings
13:00-13:15 Welcome and opening:
- Mr Kent Harstedt, Special Co-ordinator of the short-term
OSCE observers
- Mr Reha Denemeç, Head of Delegation of the PACE
- Mr Jim Walsh, Head of Delegation of the OSCE PA
13:15-14:45 Briefing by members of the OSCE/ODIHR team
15:00-15:45 Meeting with Ms Lidya Yermoshina, Chairperson
of the Central Elections Commission
15:45-18:45 Meetings with candidates or their representatives:
- Mr Sergey Haidukevich
- Mr Andrey Dmitriev, representing Ms Tatiana Korotkevich
- Ms Mariana Shchotkina, Head of the election campaign of
Mr Alexander Lukashenko
- Mr Nikolai Ulakhovich
Saturday 10 October
2015
09:30-10:30 Representatives of the opposition:
- Mr Anatol Liabedzka
- Mr Siarhei Kaliakin
- Mr Mikola Statkevich
- Mr Viktar Tsiareshchanka
10:30-11:30 Round table with representatives of civil society:
- Mr Aleh Hulak, Belarusian Helsinki
Committee
- Mr Uladzimir Labkovich, Human Rights Centre “Viasna”
- Mr Dzianis, Observation of the election campaign “Right
to choice in 2015”
- Ms Raisa Mikhailovskaia, Belarusian information centre
11:30-12:30 Round table with media representatives:
- Mr Ales Antsipenka, Belarusian
Association of Journalists
- Mr Ales Lipay, Director of the private news agency “Belapan”
- Mr Marat Markov, Vice-President of the State television
and radio company
- Mr Artsiom Schraibman, political analyst of the news agency
TUT.by
13:00-13:30 OSCE/ODIHR briefing (security, co-ordination,
forms)
13:30-14:00 Deployment information and meeting with drivers
and linguistic assistants
Sunday 11 October
2015
All day Opening of polling stations
Observation of elections
Closing of polling stations – Counting
Monday 12 October
2015
08:00-08:45 PACE delegation debriefing meeting
09:30-11:00 Meeting of the Heads of delegations
14:30 Press conference
Appendix 4 –
Press release of the International Election Observation Mission
(IEOM)
(open)
Reforms
needed to address substantial shortcomings in Belarus election,
international observers say, after peaceful presidential campaign
12/10/2015 – The 11 October election once again indicated
that Belarus still has a considerable way to go in meeting its OSCE
commitments for democratic elections. This underscores the need
for the political will to engage in a comprehensive reform process,
the international observers concluded in a preliminary statement released
today. Some specific improvements and a welcoming attitude were
noted. Some significant problems, particularly during the counting
and tabulation of votes, undermined the integrity of the election.
The campaign and election day were peaceful, the statement says.
“It is clear that Belarus still has a long way to go towards
fulfilling its democratic commitments. The recent release of political
prisoners and a welcoming approach to observers were positive developments.
However, the hope that this gave us for the broader electoral process
was largely unfulfilled,” said Kent Harstedt, Special Co-ordinator
and Leader of the Short-Term OSCE Observer Mission. “Given previous
promises, I was especially disappointed by shortcomings during counting
and tabulation. We hope that the Belarusian government will have
the political will to engage in a thorough reform process, which
we are ready to support.”
All candidates were able to campaign throughout the country
and to convey their messages without hindrance. The campaign was
low-key but became more active over the final two weeks, the observers
said. Only one candidate, whose platform focused predominantly on
socio-economic issues, was openly critical of the incumbent. This
gave voters limited choice.
The voting process on election day was assessed positively
in 95% of polling stations observed, however a large number of observers
were not allowed to check voter lists, and seemingly identical signatures
were observed in 47 polling stations. The counting process was assessed
negatively in 30% of stations observed, indicating significant problems.
The tabulation process was assessed negatively and as lacking transparency in
25 per cent of instances observed.
“On 11 October voters were able to make their choice in a
transparent manner in the presence of many domestic and international
observers. However, counting procedures have to be improved considerably.
An election is not limited to voting day. Therefore, Belarus needs
to reform its legal framework to ensure a thoroughly competitive
political environment. This is a key condition for the long-term
democratic stability of the country,” said Reha Denemeç, Head of
the PACE Delegation. “PACE, together with the Council of Europe’s Venice
Commission, stands ready to co-operate with Belarus on this.”
In a positive step, after the release of several internationally
acknowledged political prisoners in 2014, the president ordered
the release of the remaining such prisoners in August. The institutions
represented in the international election observation mission expect
that, with these releases, further such prosecutions will cease and
this will mark a closed chapter.
“Given worldwide conflicts today, I welcome Belarus’ recent
constructive role facilitating dialogue over Ukraine. In this regard,
greater international focus on this election is inevitable, and
this opportunity has not been fully embraced,” said Jim Walsh, Head
of the OSCE PA Delegation. “There is considerable work that remains
to be done, most notably in the areas of more representative election
commissions and the integrity and transparency of counting procedures.
We hope that the constructive attitude demonstrated by authorities
to our missions will continue in pursuit of our common objective.”
The CEC registered 8 of 15 groups that applied to collect
supporting signatures and, subsequently, registered 4 candidates,
the statement says. All of the groups were able to collect signatures
across the country. The right to stand as a candidate is limited
by previous criminal convictions; activities such as participation
in unauthorised events can lead to the reinstatement of sentences.
Signature verification was insufficiently transparent, undermining
confidence in the process.
Candidates were provided with a platform to convey their messages,
despite the restrictive media environment. Media monitoring showed
that extensive coverage of the incumbent’s activities in his official
capacity made him by far the most visible. In addition, some State-owned
media shaped their coverage to convey political messages favourable
to him. Free access to time on State-owned media was provided on
an equal basis and in an uncensored format, which contestants welcomed,
and the media provided the public with voter information. A live
debate was televised on 3 October, in which all of the candidates
except for the incumbent were represented.
While, in a welcome move, one government minister stepped
down to lead the incumbent’s campaign, other high-ranking public
servants and officials campaigned during working hours on behalf
of the incumbent, the statement says. A number of his campaign events
were held in State-run enterprises, and some State-supported public
associations and institutions campaigned on his behalf, creating
an uneven playing field and blurring the line between partisan interest
and the State.
Despite welcome engagement by the authorities since the last
presidential election, the legal framework remains essentially unchanged.
The framework was previously assessed as inadequate to guarantee
the conduct of elections in line with OSCE commitments and other
international standards, the observers said. Existing provisions
and laws, including from 2011 and 2012, limit fundamental freedoms
of association, assembly and expression, the observers said.
“Work needs to be done to improve the electoral framework,
as past recommendations, particularly on balanced electoral administration
and election day procedures, remain unaddressed. There is a clear
need to improve the transparency and independence of the election
administration,” said Ambassador Jacques Faure, Head of the OSCE/ODIHR
long-term election observation mission. “The election laws and framework
as they stand now establish limitations on fundamental freedoms.”
Following an open and unrestricted invitation to the observing
institutions, the Central Election Commission (CEC) exhibited a
welcoming attitude towards international observers. However, the
absence of clear and transparent legal criteria for the selection
of members of lower-level election commissions allowed local authorities
full discretion over the appointment process, which was not inclusive.
The voter registration system is overly permissive, allowing registration
in polling stations on election day without sufficient legal safeguards.
Three independent citizen observer groups carried out long-term
observation and regularly published their findings. Some 43 500
citizen and more than 900 international observers were accredited,
including PACE for the first time since 2001. Some two thirds of
citizen observers representing public associations were subsidised by
the State. The rights of citizen and international observers are
prescribed by law in an exhaustive manner and were interpreted and
applied restrictively. Observers are not entitled to follow all
stages of the process.