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Paragraph 18
 

III. DISCUSSION OF THE DRAFT NATIONAL ELECTIONS LAW AND THE DRAFT ELECTION COMMISSIONS LAW


A.  Electoral System for Parliament


Article 66(2) of the draft national elections law limits distribution of parliamentary mandates to political parties that receive more than 5 per cent of the vote nationwide and at least 0.5 per cent of the vote in each of the seven oblasts and Bishkek and Osh cities. Both thresholds are calculated against the number of voters who participated in elections. This is a positive development compared with previous practice when the threshold was calculated against the number of registered voters. Further, as noted in previous OSCE/ODIHR reports, the double threshold requirement compromises the objectives of a proportional representation system.[1] The Venice Commission and OSCE/ODIHR recommend that the second threshold requirement of 0.5 per cent of the vote in each of the seven oblasts and Bishkek and Osh cities be reconsidered and that thresholds for the allocation of parliamentary seats be calculated based on the number of valid votes cast, rather than against the number of voters who participated in elections, in line with international practice.


[1]  As noted in OSCE/ODIHR Final Report for the 2007 Parliamentary elections “a party might receive more than five per cent of the vote nationwide, but if it missed the 0.5 per cent in only one region, it would not gain parliamentary representation, thus compromising the objective of proportional representation.” See www.osce.org/documents/odihr/2010/07/45515_en.pdf.