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Belarus` electoral amendments get "mixed response" from experts

The OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Venice Commission on June 4 issued a legal opinion on amendments made by the Belarusian government to the Electoral Code at the beginning of this year, BelaPAN reports.

The amendments “provide a mixed response,” the two institutions said in a joint statement.

Although representing a step toward removing some flaws in the country`s electoral regulations, the amendments are “unlikely to resolve the underlying concern that the legislative framework for elections in Belarus continues to fall short of providing a basis for genuinely democratic elections,” ODIHR and the Venice Commission concluded.

"The amendments include a number of significant improvements which respond to some of the recommendations we made in previous election observation reports and during the recent process of open and constructive consultations with the Belarusian authorities," said ODIHR Director Janez Lenarcic.

But several areas need further elaboration or are not yet addressed at all, he said. "For example, the potential positive impact of some of the amendments risks being undermined by flaws in the counting and tabulation process which remained unchanged," he added.

Thomas Markert, the secretary of the Venice Commission, said that no legislation, however good it may be, can alone guarantee elections in line with international standards. "The quality of future elections in Belarus will depend not only on the quality of the legislation. Equally important is its implementation in good faith," he said.
The legal opinion identifies a number of new provisions that could lead to improvements in electoral practice. These include the easing of restrictions on candidate registration and campaigning, new safeguards for early voting and the possibility of appealing certain decisions of the central election commission to the Supreme Court.

The opinion raises concerns over appointment procedures for election commission members, including the absence of selection criteria. It also notes the lack of safeguards ensuring the integrity and transparency of the vote count and results tabulation. For example, there have been no amendments to ensure that precinct commission members count the ballots in a transparent manner and that observers are given direct and effective opportunities to monitor the voting, counting and tabulation process, the opinion says. In addition, it says, there are no provisions mandating the election commissions at various levels to publish detailed preliminary and final results of the vote, by polling stations, without undue delay.

ODIHR and the Venice Commission have expressed readiness to assist the Belarusian authorities with the continuation of the electoral reform process. ODIHR is also "looking forward to monitoring the impact of the amendments" during the upcoming presidential elections.