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

M. Election campaign provisions

Article 26(2) implies that candidates/parties wishing to organize a campaign event in places/venues belonging to state or municipal government, first need to receive a permission from the authorities. Whether such an event takes place depends on the response from authorities. The Venice Commission and OSCE/ODIHR recommend that this provision be amended so that it is worded as a “notification” rather than “permission”.[1] Moreover, the current provision contradicts the 2010 Constitution, which stipulates that “prohibition and limitation on conduct of a peaceful assembly shall not be allowed; the same applies to refusal to duly ensure it failing to submit notice on conduct of free assembly, non-compliance with the form of notice, its contents and submission deadlines.”[2]

[1] Article 21 of the ICCPR recognizes the right of peaceful assembly. It is further enforced by paragraph 9.2 of the 1990 Copenhagen Document: "Everyone will have the right of peaceful assembly and demonstration. Any restrictions which may be placed on the exercise of these rights will be prescribed by law and consistent with international standards."

[2] Article 34.2 of the 2010 Constitution of Kyrgyz Republic.