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Location: Tajikistan
Year of election: 2015
Tajikistan
2015
EOM
Parliamentary
elections
The legal framework should be comprehensively reviewed to address past and present OSCE/ODIHR recommendations and align it more closely with OSCE commitments and other international obligations and standards. Reform should be undertaken well in advance of the next elections and involve open consultation with all stakeholders.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Legal Framework
Tajikistan
2015
EOM
Parliamentary
elections
The law should ensure that the election administration is fully independent from the government and is sufficiently pluralistic and inclusive to encourage broad confidence. Clear criteria for the nomination and selection of commissions should be established. Parties should be afforded the right to nominate a representative to all levels of the election administration, including decision-making positions.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Administration
Tajikistan
2015
EOM
Parliamentary
elections
In order to enhance the integrity of the voting process, the election authorities should take urgent measures to address the serious deficiencies in the polling and counting processes. In particular, the secrecy and equality of the vote, integrity of ballot boxes, and protection against undue influence on electoral choices should be assured.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Day
Tajikistan
2015
EOM
Parliamentary
elections
The restrictions on the right to stand for election which are in conflict with OSCE commitments and other international obligations and standards should be removed from the legal framework.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Candidate Registration
Tajikistan
2015
EOM
Parliamentary
elections
The authorities should develop and implement mechanisms to ensure a clear separation between the State and party, so as to prevent candidates from using the advantage of their office for electoral purposes. Local authorities should not take an active role in campaign events and should be limited to ensuring equal access of electoral contestants to public resources.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Campaign
Tajikistan
2015
EOM
Parliamentary
elections
Unreasonable restrictions on the freedom of expression should be eliminated from the legal framework. In particular, citizens should be able to freely comment on the president and other state officials without fearing imprisonment. Candidates should have the right to freely comment on other candidates without undue concern that they could face de-registration.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Media
Tajikistan
2015
EOM
Parliamentary
elections
State media should make greater efforts in its news and current affairs programmes to provide impartial and balanced coverage of political parties and candidates. Additional current affairs programmes could be aired and coverage of incumbents could be reduced. Consideration could be given to legally guarantee the holding of televised debates between the nationwide lists.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Media
Tajikistan
2015
EOM
Parliamentary
elections
To enhance transparency, the law should provide for citizen election observation. The PEL should explicitly allow observation of all stages of elections. To facilitate the verification of reported election results, observers should have the right to receive a certified copy of PEC and DEC results protocols.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Citizen And International Observers
Tajikistan
2015
EOM
Parliamentary
elections
In order to uphold the principle of vote equality, district boundaries should be formed in line with the election law, OSCE commitments and other international standards. To enhance transparency, the revision of district boundaries should involve broad public consultation.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Electoral System
Secondary thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Electoral System
Tajikistan
2015
EOM
Parliamentary
elections
Mechanisms to ensure the consistent implementation of election-related legislation should be strengthened. In line with its legal authority, the CCER should adopt regulations and conduct effective training to clarify legal provisions, in particular regarding voter and candidate registration, prohibited campaign activities, and election day procedures.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Administration
Tajikistan
2015
EOM
Parliamentary
elections
The CCER should ensure collegiality in its activities and that all election-related information of public interest, including the agendas and minutes of its sessions, are made public in a timely manner.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Administration
Tajikistan
2015
EOM
Parliamentary
elections
To enhance transparency, the PEL should require the CCER to announce the number of ballots produced and distributed to each DEC, including those in minority languages. Observers should be granted the right to follow ballot paper production and distribution.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Administration
Tajikistan
2015
EOM
Parliamentary
elections
Consideration should be given to introducing mechanisms to ensure greater participation of women in the election administration, including in senior decision-making roles.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of Women
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Election Administration
Tajikistan
2015
EOM
Parliamentary
elections
The restriction of suffrage rights for citizens serving prison terms regardless of the severity of the crime should be reconsidered to ensure proportionality between the limitation imposed and the severity of the offence. The blanket restrictions on the suffrage rights of persons with mental disabilities should be removed or be decided on a case-by-case basis, depending on specific circumstances. The authorities should consider acceding to the UN Convention on the Rights of Persons with Disabilities.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Voter Registration
Tajikistan
2015
EOM
Parliamentary
elections
Comprehensive procedures should be established to reduce the risk that voters can be registered to vote in more than one polling station. A centralized voter register could be developed and regularly updated to allow cross-checks and enhance the efficiency and accuracy of voter registration.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Voter Registration
Tajikistan
2015
EOM
Parliamentary
elections
Consideration could be given to removing the possibility for voters to register on election day to avoid the possibility of multiple registrations. A legal deadline for closing voter lists could be introduced, with additional entries permitted only in accordance with clearly defined legal requirements, subject to judicial control.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Voter Registration
Tajikistan
2015
EOM
Parliamentary
elections
As a transparency and confidence building measure, the CCER should be legally required to publish information on the total number of registered voters prior to election day as well as those registering on election day (should this provision be retained). The data should be disaggregated by DEC, PEC, and gender.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Voter Registration
Tajikistan
2015
EOM
Parliamentary
elections
The restriction that citizens may support only one candidate could be reconsidered. The process would be more inclusive if citizens could support for as many candidates as they chose to support. The registration requirements for self-nominated and party-nominated candidates should be the same.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Candidate Registration
Tajikistan
2015
EOM
Parliamentary
elections
To better ensure equal suffrage, the procedures to verify documents submitted by candidate nominees should be clearly set out in the legislation and applied in a consistent and impartial manner by election commissions.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Candidate Registration
Tajikistan
2015
EOM
Parliamentary
elections
The deadline for withdrawal of candidacy should be the same for all candidates standing in single-mandate districts. To avoid the need to amend ballot papers by hand, the deadline could be synchronized with printing of ballots.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2020
Final report heading:
Candidate Registration
Tajikistan
2015
EOM
Parliamentary
elections
Consideration could be given to introducing temporary special legislative measures to promote women candidates. Political parties should consider nominating a minimum number of candidates of each gender.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Candidate Registration
Tajikistan
2015
EOM
Parliamentary
elections
In order to ensure the right of peaceful assembly and the free communication of information about political ideas between candidates and citizens, as well as to avoid arbitrary implementation of the law, the PEL should be amended to permit all types of election campaigning to be conducted without unreasonable restriction.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Campaign
Tajikistan
2015
EOM
Parliamentary
elections
The authorities should take steps to counter any form of pressure on voters. Senior public officials could make clear statements and issue written instructions that no pressure on public employees will be tolerated and that no employee or citizen should fear for their employment or social services as a result of supporting or not supporting any political party or candidate.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Campaign
Tajikistan
2015
EOM
Parliamentary
elections
The PEL could require the submission and publication of campaign finance reports in a timely manner and set proportionate and dissuasive penalties for breaches of campaign finance rules. The mandate and resources of the CCER (or other qualified institution) could be strengthened to ensure effective oversight.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Campaign Finance
Tajikistan
2015
EOM
Parliamentary
elections
To facilitate public access to a broader range of political viewpoints, the authorities could consider establishing a public broadcast service with sufficient financial and editorial freedom from the government. The State Committee on Television and Radio and the Licensing Commission could be transformed into separate and genuinely independent bodies
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Media
Tajikistan
2015
EOM
Parliamentary
elections
All media should be able to operate free from intimidation or pressure, both between elections and during election periods. The independent media supervisory body should have a regulatory role to better guarantee journalistic freedom and pluralism and an advisory role in resolving media-related disputes. It should also undertake media monitoring to ensure that the media maintain political impartiality and provide equitable coverage.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Media
Tajikistan
2015
EOM
Parliamentary
elections
The legal framework should be amended to establish clear, objective, and reasonable criteria for transparent and consistent evaluation of language fluency
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Participation of National Minorities
Tajikistan
2015
EOM
Parliamentary
elections
To promote legal consistency, the overlapping jurisdictions of courts and elections commissions should be removed. The bodies with jurisdiction to hear election complaints and appeals should follow due legal process and act impartially and transparently. All complaints should be addressed in a timely manner with reasoned decisions made in writing and published.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Tajikistan
2015
EOM
Parliamentary
elections
Election commissions should provide unhindered access for complainants in accordance with the law. Deadlines for announcement of final results should be harmonized with the timeline for consideration of complaints and appeals in order to ensure the right to effective remedy.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Tajikistan
2015
EOM
Parliamentary
elections
Consideration should be given to harmonising the polling procedures for the different elections to lessen the risk of inconsistent application. All steps of the voting, counting, and tabulation procedures should be set out in law, and the CCER should elaborate step-by-step instructions to lower-level commissions.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Day
Tajikistan
2015
EOM
Parliamentary
elections
To enhance transparency and confidence in the election results, preliminary and final results should be published disaggregated by precinct and district, including the number of registered voters and those who voted, as well as the numbers of votes cast for each contestant.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Day