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Location: Kyrgyzstan
Year of election: 2021 - 2021
Election type: Presidential, Referendum
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Kyrgyzstan
2021
Early election
LEOM
Presidential
The authorities should not hold elections and referendums on the same day if the referendum is about the institution facing election.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Background and Political Context
Kyrgyzstan
2021
Early election
LEOM
Presidential
The appointment of referenda, as any legislative activity, must comply with the rule of law requirements, including the timeframes. In particular, it should be adopted at the end of an inclusive and consultative process.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Electoral System and Legal Framework
Kyrgyzstan
2021
Early election
LEOM
Presidential
Decisions affecting the rights and duties of electoral stakeholders, including interpretation of the law and resolution of complaints, should be made by the CEC in open sessions. As previously recommended, all CEC decisions should be published in a timely manner.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Election Administration
Kyrgyzstan
2021
Early election
LEOM
Presidential
Disproportionate restrictions to voting rights of people serving a prison sentence and limitations based on disabilities should be abolished.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Voter Registration
Kyrgyzstan
2021
Early election
LEOM
Presidential
To ensure meaningful oversight, a full audit of financial reports should be conducted. The legal framework should regulate its procedures, timelines and publication.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Campaign Finance
Kyrgyzstan
2021
Early election
LEOM
Presidential
The Criminal Code should be amended in order to provide clear definition of what constitutes “incitement of national, racial, religious or interregional enmity”, limiting prosecution only to cases that incite discrimination, hostility or violence, as defined in the ICCPR. Limits for damages asserted in defamation and libel cases should be introduced, taking into consideration only actual harm proven by the plaintiff.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2021
Early election
LEOM
Presidential
The legal definition of electoral campaigning should be amended, so that it does not prevent media from editorial coverage of the campaign. The system of accreditation of media outlets, as a pre-condition for selling political advertisement, should be cancelled.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2021
Early election
LEOM
Presidential
The principle of equality in the electoral process should be respected. The CEC should ensure impartial consideration of complaints and equal treatment of candidates.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2021
Final report heading:
Complaints and Appeals
Kyrgyzstan
2021
Early election
LEOM
Presidential
The Referendum law should clearly define the kinds of proposals which may be put to a referendum and the corresponding effect of decisions taken on referenda, in order to provide for an informed choice by voters and legal certainty about referendum results. Proposals put to a binding vote should be capable of unambiguous implementation.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Electoral System and Legal Framework
Kyrgyzstan
2021
Early election
LEOM
Presidential
Consideration should be given to including in the Referendum law an explicit obligation of the authorities to provide meaningful and balanced information about the proposals put to referendum.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Election Administration
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