OSCE/ODIHR final report on Mongolia’s presidential election recommends improvements to legal framework

Mongolia’s presidential election on 26 June 2013 was characterized by a competitive campaign and respect for fundamental freedoms, but further efforts are required to address gaps and inconsistencies in the legal framework, concludes the final report by election observers from the OSCE Office for Democratic Institutions and Human Rights (ODIHR).

The report released on 18 September 2013 acknowledges recent improvements in the electoral legal framework but notes that further review of the electoral legislation is needed to ensure compliance with OSCE commitments and other international standards for democratic elections.

The report says the legislation should require the General Election Commission to adopt a comprehensive set of guidelines for the work of lower-level election commissions, including for election day procedures. It also recommends amendments to consolidate legal provisions governing the complaints and appeals process, to simplify electoral dispute-resolution and to ensure timely remedy for complainants.

While the report assesses the legal framework as generally conducive for the freedom of expression, it recommends that legislation be reviewed to provide for fair, balanced and impartial media coverage of election campaigns. Consideration should be given to repealing criminal defamation laws in favour of proportionate civil sanctions, in accordance with relevant international standards.

Among the report’s other recommendations are the establishment of detailed criteria for the nomination of civil servants to election commissions; allowing independent candidacies, as stipulated in OSCE commitments; the introduction of additional measures to safeguard the secrecy of the ballot; and considering the introduction of a legal requirement to publish detailed election results for each polling station without delay.