2. On the delimitation of constituencies

The draft does not provide clear criteria for constituency delimitation nor for periodicity of review. Article 74 provides that the delimitation of boundaries is the responsibility of the Central Electoral Commission. This creates a double risk: a risk of politicisation for the Central Electoral Commission, as well as the risk of overloading it. Indeed, in order to ensure the fairness of the electoral process, decisions of the Central Election Commission may be challenged by any of the electoral stakeholders. This would include any single decision concerned with the delimitation of constituencies and could lead to an exponential increase in the number of complaints, as well as requiring more resources for the Central Electoral Commission. With regard to the periodicity of review, the OSCE/ODIHR states that “Redistricting should be conducted periodically to ensure that equality among voters is not diminished due to population movement.”[1] “When necessary, redrawing of election districts shall occur according to a predictable timetable and through a method prescribed by law and should reflect reliable census or voter registration figures. Redistricting should also be performed well in advance of elections, be based on transparent proposals, and allow public information and participation.”[2] According to the Code of Good Practice, “in order to avoid passive electoral geometry, seats should be redistributed at least every ten years, preferably outside election periods, as this will limit the risks of political manipulation.”[3] Population variance among constituencies should also be taken into consideration.

[1]Existing Commitments for Democratic Elections in OSCE Participating States., p. 55.

[2] Ibidem, point 3.3, p. 14.

[3] VC code p. 17, section 2.2 para 16: