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

U. Transparency

The draft national elections law lifts the previously imposed prohibition on international observers to “express opinion on election legislation, on preparation and conduct of elections” before the end of voting. However, this change is blurred by a provision stipulating that “holding press conferences, and talking to media is prohibited until the end of voting” (Article 10(4)(2)). Article 10(4)(2) of the draft national elections law limits public expression of opinions by international observers until “after completion of voting.” This restriction reduces the transparency of the work of international observers by preventing them from sharing their findings with the host country during the course of elections through interim reports and news conferences. Interim reports of election observation missions are routinely published on the internet, which could be considered a component of mass media. This provision hinders legitimate reporting of an observer’s findings, conclusions, and recommendations for improvement of electoral processes. This provision is also a questionable limitation on the right to freedom of expression.[1] Legal provisions regulating observers should facilitate observation efforts rather than hinder. Legal provisions should certainly not be designed to or result in censoring observers, as observers provide important functions in enhancing transparency and for improvement of electoral processes. This is a problematic provision. The Venice Commission and OSCE/ODIHR recommend that Article 10(4)(2) be revised. 

[1] See Paragraph 9.1 of the OSCE 1990 Copenhagen Document.