Approved by the Resolution of Inter-parliamentary Assembly of the CIS of December 4, 2004 No. 24 - 7

Recommendations for the international observers of the Commonwealth of Independent States about observation of elections and referenda

Inter-parliamentary Assembly,

welcoming efforts of the states of the Commonwealth of Independent States on human rights protection,

being positive for the experience accumulated by the states of the Commonwealth and the progress in providing human rights and freedoms made by them,

with satisfaction noting steps taken in the CIS countries on creation of the legislation in the field of human rights protection and institute of Commissioners for Human Rights,

calling for strict observance of the Universal Declaration of Human Rights,

recognizing that work in this direction requires additional efforts, including on creation of Commonwealths of Independent States Commission on Human Rights according to article 33 of the Charter of the Commonwealth of Independent States,

stating availability of common problems and interests of the states of the Commonwealth in the field of protection of the rights and freedoms of the citizens,

considering special attention to the problems of safety of society and fight against terrorism attempting upon fundamental human right - the right to life,

confirming the principle of universality, indivisibility, interdependence and coherence of all human rights,

confirming that the main efforts on human rights protection shall be made at the national level,

confirming importance of implementation of international cooperation in the field of human rights,

recognizing that creation and functioning of institutes of protection of the rights 4 persons guarantee respect for constitutional rights and freedoms, and also allow to observe balance of interests of society, state and personality,

emphasizing extreme relevance of questions of forming of the effective mechanism of realization of human rights in the territory of the State Parties of the CIS, main objective of creation kotorogoobespecheny universal recognition and observance of the rights and fundamental freedoms of the person,

recognizing that participation of the international observers of the Commonwealth

The independent States in implementation of observation of preparation and elections and referenda according to the national legal system,

the conventional principles and rules of international law, the international obligations of the state becomes one of important conditions of ensuring openness and publicity of the electoral process, realization of the voting rights and freedoms of all participants of elections and referenda, forward democratic development decides:

4. Accept new edition of Recommendations for the international observers of the Commonwealth of Independent States about observation of elections and referenda (3) and to recommend appendix to legislative, executive and electoral bodies of gosudarstvuchastnik of the CIS, and also the bodies of the Commonwealth and integration associations operating on space of the CIS, to use these Recommendations under the organization and carrying out the international observation of the elections held in the CIS and референдумами*.

5. Consider invalid the Recommendations for the international observers of the Commonwealth of Independent States about observation of elections accepted at the twentieth plenary session of Inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States on December 7, 2002 (the resolution MPA of the CIS of N20 - 6).

 

Chairman Council of Assembly

S. M. Mironov

St. Petersburg December 4, 2004. No. 24 - 7

______________________________

* On item 4 of the resolution the delegation of the Azerbaijan Republic did not take part in vote.

Recommendations for the international observers of the Commonwealth of Independent States about observation of elections and referenda (new edition)

Introduction

Recognition, observance and protection of rights and freedoms of man and citizen,

development and enhancement of democratic institutes of national declaration of will, procedures of their realization according to the conventional principles and rules of international law on the basis of the national constitution and regulatory legal acts is the purpose and obligation of the state, one of the integral conditions of public stability and further strengthening of cooperation between the states for implementation and protection of the ideals and the principles which are their general democratic property.

Free elections, as well as referendum, are one of the highest direct expressions of the power and will of the people, basis of the elected public authorities and local self-government, other bodies of national (national) representation, elected officials.

At the present stage the international observation of elections and referenda is one of the major tasks on maintenance of process of democratic development and ensuring the basic political rights and freedoms of man and citizen, including the rights to choose and be elected, rights to liberty of self-expression, movement, peaceful assemblies and organizations.

The last several years observation of elections and referenda in the State Parties of the Commonwealth of Independent States became one of the major tasks in support of democratization process in the Commonwealth countries.

Creation of proper conditions for effective independent public (civil) and competent international observation of elections and referenda, participation of the international observers of the Commonwealth of Independent States, along with the international observers from the international organizations and foreign states, in implementation of observation of preparation and holding elections/referenda according to the national legal system, the conventional principles and rules of international law, the international obligations of the state becomes one of important conditions of ensuring openness and publicity of the electoral process, realization of the voting rights and freedoms of all participants of the elections/referenda, protection from human rights violation connected with elections/referenda.

Initial edition of Recommendations for the international observers of the Commonwealth of Independent States about observation of elections was approved by Inter-parliamentary Assembly of gosudarstvuchastnik of the Commonwealth of Independent States on December 7, 2002.

Preparation of new edition of Recommendations is caused by the following the main факторами*.

1. For last period the Convention on standards of democratic elections, the voting rights and freedoms in the State Parties of the Commonwealth of Independent States signed by presidents of seven states of the Commonwealth (Armenia, Georgia, Kyrgyzstan, Moldova, Russia, Tajikistan, Ukraine) at the meeting of Council of Chapters of gosudarstvuchastnik of the Commonwealth of Independent States which took place on October 7, 2002 in Chisinau is ratified by parliaments of three states of the CIS - Kyrgyzstan, Russia and Tajikistan, and as of November 11, 2003 according to Item 1 of article 22 of the Convention became effective what the Executive committee of the CIS notified by the Note N 03/1524 of November 24, 2003 on.

As of December 4, 2004 the Convention on standards of democratic elections, the voting rights and freedoms in gosudarstvakhuchastnik of the Commonwealth of Independent States was ratified already by four states of the CIS.

On June 23, 2004 the Convention was ratified by the Republic of Moldova. In October, 2004 the Constitutional court of the Republic of Armenia in compliance the interstate procedure drew the positive conclusion on the issue of ratification of the Convention. It should be noted that on December 9, 2002 the Ministry of Foreign Affairs of the Azerbaijan Republic notified Executive committee of the CIS on intention of the Azerbaijan Republic to consider question of accession to the Convention.

The introduction of the Convention in force allowed on the strong international legal basis is informative to specify and enrich some provisions of the Recommendations for the international observers of the Commonwealth of Independent States about observation of elections existing at that time.

2. On basis and according to the Convention on standards of democratic elections, the voting rights and freedoms in gosudarstvakhuchastnik of the Commonwealth of Independent States, Recommendations for the international observers of the Commonwealth of Independent States about observation of elections Council of Foreign Ministers of the CIS approved on March 26, 2004 Regulations on the Mission of observers from the Commonwealth of Independent States at presidential and parliamentary elections, and also referenda in the State Parties of the Commonwealth of Independent States, having provided in the specified Provision possibility of the organization and carrying out the international observation of preparation and carrying out and referenda.

3. On April 17, 2004 the Inter-parliamentary Assembly of gosudarstvuchastnik of the Commonwealth of Independent States the resolution N23 - 7 approved the project of the Regulations on Interstate electoral council of the Commonwealth of Independent States and sent it to Executive committee of the CIS for consideration in accordance with the established procedure on Council of heads of states of the Commonwealth of Independent States. This document prepared for the purpose of practical realization of provisions of article 21 of the Convention on standards of democratic elections, the voting rights and freedoms in the State Parties of the Commonwealth of Independent States determines the status, main objectives and tasks of Interstate electoral council as specialized interstate body of the states of the Commonwealth designed to promote carrying out observation of elections and referenda in the State Parties of the Convention.

4. On the practical level Recommendations for the international observers of the Commonwealth of Independent States about observation of elections were already repeatedly used by the international observers for the CIS on the corresponding elections in the states of the Commonwealth: in Ukraine - in March, 2002 and October - November, 2004, in Armenia - in February and April, 2003, in Azerbaijan - in October, 2003, in the Russian Federation - in December, 2003 and March, 2004, in Georgia - in January, 2004, in Kazakhstan - in September, 2004, in Belorussiiv October, 2004 (including when holding republican referendum).

5. Considerably the quantitative structure of missions for observation of elections increased. So, on October 31, 2004 the Executive committee of the CIS involved more than 600 observers from the states of the Commonwealth to observation of election of the president of Ukraine. In the international observation the groups of observers representing the different bodies of the Commonwealth and integration associations operating on space of the CIS, separate territorial units (areas or subjects of the states of the CIS) for which Recommendations were the valuable guidelines manual for direct work as the international observer, and also for the organization of work on training of the international observers are more and more actively recruited.

As a result of the above-mentioned considerable practical experience of the international observation was accumulated, and also the main directions on further enhancement of this document came to light.

1. With entry into force of the Convention on standards of democratic elections, the voting rights and freedoms in the State Parties of the Commonwealth of Independent States need of direct inclusion in the text of Recommendations of the provisions concerning the list and contents of standards of democratic elections disappeared. In this regard the text of the specified Convention is included as appendix to Recommendations.

2. New edition expands the range of application of Rekomendatsiyon provides their use when carrying out the international observation not only of elections, but also behind the referenda held in the states of the CIS including along with elections. Thus, the collision when, for example, Recommendations about observation of elections were used also under the organization of observation of holding referendum, in particular in the Republic of Belarus in October, 2004 is eliminated certain sort.

3. With acceptance by Council of Foreign Ministers of the CIS of Regulations on the Mission of observers for the CIS at presidential and parliamentary elections, and also referenda in the State Parties of the Commonwealth of Independent States there was need of inclusion in the text of Recommendations of the new provisions concerning the organization and procedure for activities of the specified missions as new subject of the international observation of elections and referenda.

4. Innovation of updated Recommendations is the short Code of the basic rules of behavior of the international observer. Thus, standardization of requirements to the international observers imposed as from institutes of the CIS, and other international organizations, such as, for example is performed. Bureau on democratic institutes and human rights OSCE, the Council of Europe, European Parliament.

5. More and more wide use of the different automated systems of vote caused need of inclusion in new edition of Recommendations of methodology of the organization of the international observation of operation of technical means of vote and counting of votes, participants of referendum, determination of election results, referendum.

6. New edition of Recommendations consists of five Sections. In the first Section bases of the status of the international observer with inclusion of the short Code of the basic rules of behavior of the international observer are provided; in the second - the main subjects to the international observation during the election campaign, referendum campaign are concentrated. The third Section is devoted to the organization of long-term observation of elections, referendum; the fourth Section - the organizations of short-term observation: the technique of preliminary generalization of results of observation and preparation of the concluding observation about the international observation of elections, referendum is given in the fifth Section.

Recommendations for the international observers of the Commonwealth of Independent States about observation of elections and referenda (new edition) are the auxiliary methodical document (benefit) and are intended for the help to the international observers of the Commonwealth of Independent States in carrying out observation of preparation and holding elections/referenda, effective use of the rights and obligations of the international observer at accomplishment of the mission for observation of elections/referenda, for the help in professional evaluation, also precisely national legal system on elections and referenda is how full, practice of appointment, preparation and holding elections/referenda correspond to the national constitution, the international obligations of the state, the conventional principles and rules of international law on carrying out democratic elections / referenda.

Recommendations for the international observers of the Commonwealth of Independent States about observation of elections and referenda (new edition) are approved at the twenty fourth plenary session of Inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States on December 4, 2004.

Section 1 of the Basis of the status of the international observer of Commonwealth of Independent States on observation of elections/referenda

1.1. The status of the international observer of the Commonwealth of Independent States on observation of elections/referenda

The state inviting the international observers recognizes that their presence promotes openness and publicity of elections/referendum, observance of the international obligations of the state on carrying out democratic elections / referendum, to prevention of the human rights violations connected with elections/referendum.

1.1.1. The international observer of the Commonwealth of Independent States (further - the CIS) on observation of elections/referendum is person representing authorized bodies of the CIS - Inter-parliamentary Assembly of the states

- members of the CIS, the Executive committees of the CIS, other bodies of the Commonwealth and integration associations operating on space of the CIS and provided by the international legal documents of the CIS (further - body (bodies) of the CIS), and also legislative, executive and electoral bodies of the State Parties of the CIS.

1.1.2. The bodies listed in subitem 1.1.1 of Item 1.1 can make the decision on the direction of several international observers who in this case constitute group (mission) of the international observers of the CIS.

The quantitative structure of mission, procedure for its forming and the head (coordinator) of mission are determined by the body directing mission of the international observers.

1.1.3. The international observer of the CIS acquires the right to implementation of observation of elections/referendum according to the procedure established by the national legal system on elections and referenda, the international legal documents and the international obligations of the State Party of the CIS in which are held elections/referendum.

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