Home > 2.3 Observation > KAZAKHSTAN - Constitutional Act On Elections
 
 
 
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Article 20
 

Observers of foreign states and international organizations, representatives of foreign mass media


1. The invitations to foreign states and international organizations to take part in election observation in the Republic of Kazakhstan shall be forwarded by the Chairperson of the Central Election Commission or the Minister of Foreign Affairs of the Republic of Kazakhstan.


Invitations shall be forwarded via the Ministry of Foreign Affairs of the Republic of Kazakhstan.


The invitation may contain wishes in respect to the number and the composition of election observation mission as well as on ensuring gender balance and country representation.


2. Observers of foreign states and international organizations shall be accredited by the Central Election Commission upon presentation by the Ministry of Foreign Affairs of the Republic of Kazakhstan.


For the purposes of accreditation foreign states and international organizations shall submit  to the Ministry of Foreign Affairs of the Republic of Kazakhstan a list of observers, and representatives.


Individuals, who are not observers of foreign states and international organizations, shall not be subject to accreditation.


Individuals, who have political, economic or other interests in the Republic of Kazakhstan, or whose accreditation has been earlier revoked (canceled) due to a breach of law of the Republic of Kazakhstan, the foreign state or universally recognized norms of international law, or who has been found guilty in commitment of crime, corruption offence or other illegal activities during the election period 5 years prior to the application for accreditation, shall not be accredited.


3. The term of accreditation of observers of foreign states and international organizations shall be determined by the Central Election Commission.


4. Accredited observers of foreign states and international organizations provided with an identity card of the established by the Central Election Commission format, which entitles them to perform activities during preparation for and conduct of the election. Conduct of accreditation shall be finished five days prior to the voting date.


5. The observers of foreign states and international organizations, representatives of foreign mass media shall not be eligible to use their status to perform activities, which are not related to the election observation in the Republic of Kazakhstan.


6. Observers of foreign states and international organizations as well as the representatives of foreign mass media shall be eligible to:


1) observe all stages of the electoral process;


2) be informed on the progress of the electoral process by election commissions;


3) have access to the polling station during voting and vote count;


4) meet the stakeholders of the electoral process;


5) inform members of an election commission on his findings, observed violations, recommendations;


6) make public statements;


7) observe the handover of protocols on voting results to a superior election commission.


7. Observers of foreign states and international organizations and representatives of foreign mass media shall:


1) carry the documents identifying them and certifying their accreditation;


2) not interfere in the electoral process, the vote count and decision-making by the election commission;


3) not take any actions that impede the work of an election commission;


4) fulfill the requirements of the election commission’s chairperson regarding the rules of conduct at the polling station as established by the corresponding election commission;


5) be impartial, restrain from expressing preferences in respect to a specific candidate or a political party;


6) respect the requirements of this Constitutional Act and other legislation of the Republic of Kazakhstan.


8. In the cases stipulated by this Constitutional Act the Central Election Commission shall be eligible to revoke accreditation of the observer of foreign state or international organization.


9. In case of infringement of the legislation of the Republic of Kazakhstan or generally accepted principles and norms of international law by observers, the corresponding election commission shall be eligible to submit to the Central Election Commission a request to revoke accreditation of the observer of the foreign state, of the international organization.