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

M. Election campaign provisions

Article 22(15) prevents foreigners and stateless persons from participating in election campaigns. This prohibition is not in accordance with international standards. The rights of freedom of expression and association, according to Articles 10 and 11 of the European Convention of Human Rights, belong to all persons within the jurisdiction of a member State. Even if non-citizens (stateless and alien residents) do not have the right to vote, they do have the right to freely express their opinion, associate and participate in political debates during election campaigns. Such a clause limits fundamental rights of non-citizens residing in the Kyrgyz Republic and conflicts with the basic human rights protected by the regional and global international conventions recognized in OSCE commitments.[1] The Venice Commission and OSCE/ODIHR recommend that this prohibition is reconsidered.

[1] See Paragraph 5.21 of the OSCE 1990 Copenhagen Document; and the Human Dimension section of the Charter of Paris of 1990.