Home > 1.1.3.1 Restrictions to the right to be candidate > KYRGYZ REPUBLIC - Joint Opinion on the Draft Law on Presidential and Parliamentary Elections, The Draft Law on Elections to Local Governments and the Draft Law on the Formation of Election Commissions
 
 
 
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Paragraph 36
 

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


E. Presidential Candidacy Rights


Article 51 requires a candidate to have a “level of proficiency” of the state language, which the article states is “determined based on his/her ability to read, write, express his/her thoughts in the state language”. Article 51 further requires the candidate to “present his/her pre-election program in a written form in the volume not more than three pages”; “read a printed text in the volume not more than three pages”; and “make an oral presentation within not more than 15 minutes presenting the main provisions of his/her election program”. Article 51 is of concern because language proficiency is determined subjectively based on the opinions of an ad hoc “language commission” appointed by the CEC. Thus, Article 51 does not state clear and objective criteria for determining proficiency, but instead allows for a subjective “proficiency” decision by an ad hoc commission. Further, application of the article will exclude the candidacy of a citizen who has a visual or vocal impairment and would discriminate against such a person.[1]


[1]  International standards prohibit wrongful discrimination. See Paragraph 7.3 of the OSCE 1990 Copenhagen Document; Articles 2 and 21 of the Universal Declaration of Human Rights; Articles 25 and 26 of the International Covenant on Civil and Political Rights.