Elections
LEGAL REVIEWS 2010
Country
Title of Document
Date of Issue
Belarus
Joint Opinion on the Amendments to the Electoral Code of the
Republic of Belarus as of 17 December 2009
4 June
Moldova
Joint Opinion on the Draft Working Text on Amending the Election Code of Moldova
7 June
Montenegro
Joint Opinion on the Draft Law on Amendments and Supplements to the
Law on the Election of Councillors and Members of Parliament of Montenegro as
Amended through July 2006
8 June
Georgia
Joint Opinion on the Election Code of Georgia as Amended through March 2010
9 June
Norway
Joint Opinion on the Electoral Legislation of Norway
22 December
Field Operation Support
Part of ODIHR’s work also involves providing active and continued support to OSCE
field operations. Such support includes following electoral events (referenda, local elections
and by-elections) and advising field operations
on a variety of election-related issues, from
legal amendments to constituency delimitation. ODIHR also regularly sends its staff and
independent experts to participate in key election-related events, including official working
groups on issues such as electoral-law reform.
ODIHR recognizes that OSCE field operations can play a longer-term role in the area of
election-related technical assistance. Targeted
technical assistance programmes delivered by
OSCE field missions, if designed in a manner
that effectively addresses previous ODIHR recommendations, can represent an important
complement to ODIHR’s work.
Election Observation Mission Dialogue
and Follow-up
As a natural continuation of the work done
under its observation mandate, ODIHR consistently offers to assist participating States in
implementing the recommendations made in
its election reports, with the aim of strengthening and improving compliance with OSCE
commitments. Such follow-up activities were
conducted in a range of OSCE countries in
2010. They included Georgia, Kyrgyzstan, Tajikistan and Ukraine, where the ODIHR final
reports were formally presented to the authorities and discussions on the recommendations
they contained took place among a wide variety
of stakeholders. Specific aspects of the electoral
process, such as the formation and composition
of election commissions, the use of new voting technologies, and access for international
election observers, were subjects for further
14
ODIHR Annual Report 2010
dialogue with the authorities of Azerbaijan, Belgium, Norway, the Russian Federation and the
United States. ODIHR staff and experts also
participated in discussions on electoral-law
reform in, for example, Armenia, the former
Yugoslav Republic of Macedonia, Moldova,
Montenegro, Turkmenistan and Ukraine.
Political will was, once again, a vital factor for effective follow-up in 2010. Kyrgyzstan,
for example, showed that such political will is
indispensible to achieving progress in holding elections that are more in line with OSCE
commitments; despite a short time period and
limited resources, recommendations made by
ODIHR were implemented. Where sufficient
political will exists, the period after an election
is an excellent opportunity for a participating
State to benefit from the related recommendations, and ODIHR continues to encourage such
timely efforts. After parliamentary elections
in Tajikistan in February, it was pointed out
during a major follow-up event in Dushanbe,
attended by some 100 participants from across
a wide political spectrum, that the time to act
on recommendations is immediately following
an election process; sufficient time is necessary
to deal with fundamental issues in a meaningful manner.
Electoral Legislation Reform
Legal frameworks are crucial to holding elections in line with OSCE commitments. Such a
framework should ensure that crucial rights are
protected and standards adhered to in a structured manner. The review of electoral legislation
and legal frameworks, therefore, continues to be
a key element of ODIHR follow-up activities.
In 2010, ODIHR published five legal reviews,
jointly with the Council of Europe’s Venice
Commission, on draft or final amendments to
election laws in Belarus, Moldova, Montenegro,
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