Newsroom
ODIHR concerned about elections in Kazakhstan
ALMATY 17 September 1999
ALMATY, 17 September 1999 - The Organization for Security and Co-operation in Europe Office for Democratic Institutions and Human Rights (ODIHR) Election Observation Mission has opened its offices in Almaty and in Astana, and has deployed its first teams of Long-Term Observers to several regions for the 10 October 1999 Elections to the Majilis. The first observers to arrive have been seconded from Finland, Germany, Spain, Norway, Canada, Switzerland and the Netherlands.
Since opening its Head Office in Almaty, the Election Observation Mission has followed closely the events surrounding the registration of candidates, and particularly the disposition of court cases involving candidates who had to appeal to the courts to have earlier administrative sanctions annulled in order to qualify for registration. The registration of 10 political parties, and the fact that several candidates were successful in winning their cases in the courts raised hopes that the campaign period would begin smoothly.
However, the detention of Mr. Akezhan M. Kazhegeldin, leader of the Republican People's Party of Kazakhstan, on the day following the announcement that the Supreme Court had rejected his appeal thus making him ineligible to be a candidate, and the arrests of journalists and participants in demonstrations in front of the Russian Embassy in Almaty are of grave concern. While the ODIHR Observation Mission does not intervene or make its assessment based on circumstances related to any single individual, it maintains an interest in principles that affect the entire election environment. Notwithstanding Mr. Kazhegeldin's subsequent release, recent developments have had an unfortunate chilling affect on the election campaign and will continue to draw the attention of the Mission, the international community, human rights organisations as well as the voters of Kazakhstan. The Mission will continue to observe ongoing events as they unfold and will consider how they have impacted the overall election process and how they should be taken into account in assessing Kazakhstan's adherence to the international standards established in the Copenhagen Document of 1990.
The Mission welcomes recent decisions taken by the Central Election Commission to allow each of the 10 registered political parties to nominate their delegates who will be their official observers at the Central Election Commission. These observers will have access to all Central Election Commission meetings and will have the opportunity to provide input and observe the decision making process. New regulations safeguarding the rights of party agents, international and domestic observers to be present through all phases of the polling, counting and tabulation process also promote opportunities for greater transparency of the process.
In spite of assurances regarding increased transparency, however, circumstances observed at the Almaty City and Almaty Oblast elections for the Senate by ODIHR observers raise serious concerns as to how the new procedures will be realised in actual practice. Although the Almaty Oblast senate election went smoothly, accredited ODIHR observers were denied access and were only admitted after a 20 minute delay, and a telephone call to the Central Election Commission.
The orderly voting procedures carried out by the Almaty City Election Commission at the senate election were severely marred during the vote counting process when the Chairman refused to allow observers and the media to advance close enough to the table to see the ballot papers as they were counted. The Chairman sorted the ballots by candidate for whom votes were cast, but placed them face down in stacks on the table. A request by a candidate's agent to be able to see the stacks of ballots to verify that each stack contained only the ballots for a single candidate was also denied. Citing Article 49 of the Constitutional Law on Elections, the Chairman of the Almaty City Election Commission asserted that only the General Prosecutor and Central Election Commission could see the ballot papers. Article 49 relates to the "Terms of Appeal of Decisions and Actions in the Course of the Election Campaign" and does not address the counting of votes or rights of observers at a polling site.
A number of deputies of Almaty City maslikhats who voted in the election also expressed a desire to see the ballots. The counted ballots had been sealed into envelopes and were removed from the room where the counting took place. However, their requests were also denied when an official of the Almaty Oblast executive authority took control of the session.
The failure of the Commission at this site to ensure the level of transparency provided for by the law and dictated by the regulations and procedural guidelines adopted by the Central Election Commission are of grave concern. Transparency is a key element of any election process if it is to earn the public's trust in the outcome, the confidence of political participants and recognition by the international community for its adherence to accepted international standards.
Moreover, based on contacts with political parties, representatives of the media, candidates and their representatives, election officials and NGO representatives, a number of serious concerns have been raised that will continue to draw the attention of the Mission in the course of its ongoing observations. In particular, there are credible reports from several regions regarding illegal interference by local authorities in the election process. They include assertions that employees have been threatened with job loss for their support for opposition candidates, active campaigning by local government authorities for "favored" candidates, and conduct of party meetings in government offices. These circumstances will warrant close attention by the Central Election Commission and appropriate authorities if they are to ensure that the positive developments in the legal and procedural framework for these elections are not undermined at the local level.
The ODIHR Mission will continue to follow the election process, campaign period and preparations for polling day very closely, in order that it can provide a comprehensive and objective assessment of Kazakhstan's progress in developing an election system based on internationally accepted democratic principles.
Since opening its Head Office in Almaty, the Election Observation Mission has followed closely the events surrounding the registration of candidates, and particularly the disposition of court cases involving candidates who had to appeal to the courts to have earlier administrative sanctions annulled in order to qualify for registration. The registration of 10 political parties, and the fact that several candidates were successful in winning their cases in the courts raised hopes that the campaign period would begin smoothly.
However, the detention of Mr. Akezhan M. Kazhegeldin, leader of the Republican People's Party of Kazakhstan, on the day following the announcement that the Supreme Court had rejected his appeal thus making him ineligible to be a candidate, and the arrests of journalists and participants in demonstrations in front of the Russian Embassy in Almaty are of grave concern. While the ODIHR Observation Mission does not intervene or make its assessment based on circumstances related to any single individual, it maintains an interest in principles that affect the entire election environment. Notwithstanding Mr. Kazhegeldin's subsequent release, recent developments have had an unfortunate chilling affect on the election campaign and will continue to draw the attention of the Mission, the international community, human rights organisations as well as the voters of Kazakhstan. The Mission will continue to observe ongoing events as they unfold and will consider how they have impacted the overall election process and how they should be taken into account in assessing Kazakhstan's adherence to the international standards established in the Copenhagen Document of 1990.
The Mission welcomes recent decisions taken by the Central Election Commission to allow each of the 10 registered political parties to nominate their delegates who will be their official observers at the Central Election Commission. These observers will have access to all Central Election Commission meetings and will have the opportunity to provide input and observe the decision making process. New regulations safeguarding the rights of party agents, international and domestic observers to be present through all phases of the polling, counting and tabulation process also promote opportunities for greater transparency of the process.
In spite of assurances regarding increased transparency, however, circumstances observed at the Almaty City and Almaty Oblast elections for the Senate by ODIHR observers raise serious concerns as to how the new procedures will be realised in actual practice. Although the Almaty Oblast senate election went smoothly, accredited ODIHR observers were denied access and were only admitted after a 20 minute delay, and a telephone call to the Central Election Commission.
The orderly voting procedures carried out by the Almaty City Election Commission at the senate election were severely marred during the vote counting process when the Chairman refused to allow observers and the media to advance close enough to the table to see the ballot papers as they were counted. The Chairman sorted the ballots by candidate for whom votes were cast, but placed them face down in stacks on the table. A request by a candidate's agent to be able to see the stacks of ballots to verify that each stack contained only the ballots for a single candidate was also denied. Citing Article 49 of the Constitutional Law on Elections, the Chairman of the Almaty City Election Commission asserted that only the General Prosecutor and Central Election Commission could see the ballot papers. Article 49 relates to the "Terms of Appeal of Decisions and Actions in the Course of the Election Campaign" and does not address the counting of votes or rights of observers at a polling site.
A number of deputies of Almaty City maslikhats who voted in the election also expressed a desire to see the ballots. The counted ballots had been sealed into envelopes and were removed from the room where the counting took place. However, their requests were also denied when an official of the Almaty Oblast executive authority took control of the session.
The failure of the Commission at this site to ensure the level of transparency provided for by the law and dictated by the regulations and procedural guidelines adopted by the Central Election Commission are of grave concern. Transparency is a key element of any election process if it is to earn the public's trust in the outcome, the confidence of political participants and recognition by the international community for its adherence to accepted international standards.
Moreover, based on contacts with political parties, representatives of the media, candidates and their representatives, election officials and NGO representatives, a number of serious concerns have been raised that will continue to draw the attention of the Mission in the course of its ongoing observations. In particular, there are credible reports from several regions regarding illegal interference by local authorities in the election process. They include assertions that employees have been threatened with job loss for their support for opposition candidates, active campaigning by local government authorities for "favored" candidates, and conduct of party meetings in government offices. These circumstances will warrant close attention by the Central Election Commission and appropriate authorities if they are to ensure that the positive developments in the legal and procedural framework for these elections are not undermined at the local level.
The ODIHR Mission will continue to follow the election process, campaign period and preparations for polling day very closely, in order that it can provide a comprehensive and objective assessment of Kazakhstan's progress in developing an election system based on internationally accepted democratic principles.