IV. DISCUSSION OF THE DRAFT LOCAL ELECTION LAW

Electoral systems for local elections

The electoral system for local elections does not provide for the candidacy of independent candidates. Although the electoral system is a proportional representation system, such a system does not require the exclusion of independent candidates and it is possible for an allocation formula to provide for independent candidates as well as political parties. Thus, there is no justification for excluding individual independent candidates. Paragraph 7.5 of the OSCE Copenhagen Document recognizes the right of citizens to seek political office, individually or as representatives of political parties or organizations, without discrimination. Further, as noted by the United Nations Human Rights Committee:

“Persons who are otherwise eligible to stand for election should not be excluded … by reason of political affiliation.[1] 

The right of persons to stand for election should not be limited unreasonably by requiring candidates to be members of parties or of specific parties.”[2]

[1] See General Comment 25, Paragraph 15 of the United Nations Human Rights Committee. 

[2] See General Comment 25, Paragraph 17.