REGULATIONS
“On the working arrangements, status and powers of international (foreign) observers during the elections and referenda of the Kyrgyz Republic”

Annex No. 1 to the Resolution
of the Central Commission for Elections
and Referenda of the Kyrgyz Republic
No 197 dated 9 November 2016

Regulation on the working arrangements, status and powers of international (foreign) observers during the elections and referenda of the Kyrgyz Republic

(In the version of the Resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic No 493 dated October 4, 2017)

1. General provisions

1.1. The present Regulation “On the working arrangements, status and powers of international (foreign) observers during the elections and referenda of the Kyrgyz Republic” (hereinafter referred to as the Regulation) shall determine the procedure of activity, status and powers of international observers during the elections and referenda, who shall conduct the observation individually, as part of a group of observers and as part of an international observation mission.

1.2. This Regulation was drafted on the basis of the Constitution of the Kyrgyz Republic, other laws and normative legal acts of the Kyrgyz Republic, international treaties of the Kyrgyz Republic in view of generally recognized principles and norms of the international law in the sphere of organization and conducting of elections and referendums as well as international electoral standards.

1.3. An international observer shall be a person representing a foreign or international organization, who acquires the right to observe the preparation and conducting of elections in the Kyrgyz Republic in accordance with the procedure established by the law.

1.4. An international observer may be a representative of a foreign or international organization, who is not a citizen of the Kyrgyz Republic and who acquired the right to monitor the preparation and conducting of elections and referenda in the Kyrgyz Republic in accordance with the procedure established by law.

2. Procedure of inviting international observers

2.1. International observers shall obtain a permission to enter the territory of the Kyrgyz Republic in accordance with the procedure established by the Law of the Kyrgyz Republic “On Elections of deputies of local keneshes” and the Constitutional Law of the Kyrgyz Republic “On Referendum of the Kyrgyz Republic” and shall be accredited by the Central Commission on Elections and Referenda of the Kyrgyz Republic (hereinafter referred to as the Central Election Commission) provided there is the relevant invitation and the documents specified in paragraph 3 of this Regulation.

2.2 Invitations may be sent by the President of the Kyrgyz Republic, the Government of the Kyrgyz Republic, the Jogorku Kenesh of the Kyrgyz Republic, the Central Election Commission after official publication of the decision on calling the elections and referenda in the Kyrgyz Republic.

2.3 Proposals regarding the invitations may be submitted by international and national non-commercial organizations specializing in the electoral legislation and elections as well as in the field of human rights protection.

2.4. The Central Election Commission shall send invitations to the Central Electoral Bodies of foreign states, as well as international organizations specializing in the issues of the electoral legislation and elections, protection of citizens’ rights to participate in elections and referenda, including international associations of election organizers.

2.5. Invitations shall be sent through the Ministry of Foreign Affairs of the Kyrgyz Republic in accordance with the Law of the Kyrgyz Republic “On interaction of the state agencies in the area of foreign policy of the Kyrgyz Republic”.

3. Procedure of accreditation

3.1. For accreditation, foreign and international organizations that received an invitation sent by the President, the Jogorku Kenesh or the Government shall submit to the Central Election Commission a request for accreditation as an international observer, a list of their representatives as well as copies of identity documents.

3.2. In the event that the Ministry of Foreign Affairs of the Kyrgyz Republic receives the documents for accreditation as an international observer, after checking their compliance with the requirements of this Regulation, it shall forward them to the Central Election Commission.

3.4. The representatives of foreign and international organizations shall be accredited by the decision of the Central Election Commission. The list of accredited international observers shall be posted on the official website.

3.5. The Central Election Commission shall issue a standard international observer’s certificate to the accredited person or a motivated refusal to be accredited.

3.6. The certificate entitles the international observer with the right to carry out his / her activities during the period specified in point 3.8 of this Section.

3.7. The procedure for accreditation of the international observers shall start after the official setting of the date of elections and referenda and shall end 3 days prior to the voting day.

3.8. The term of office of an international observer starts from the day of accreditation with the Central Election Commission and ends on the day of official publication of election and referendum results.

In case of appointment of a repeated vote, accreditation of the previously accredited international observer shall not be required and their powers shall terminate on the day of official publication of the repeated vote results.

(In the version of the Resolution of the Central Commission on Elections and Referenda of the Kyrgyz Republic N 493 dated October 4, 2017).

3.9. Samples of certificate and request for accreditation of an international (foreign) observer at the elections and referenda of the Kyrgyz Republic shall be approved by the Central Election Commission.

3.10. The Central Election Commission shall have the right to refuse to accredit an international observer in the event of:

- absence of the legal capacity to observe by a foreign or international organization that sent the observer;

- failure to submit documents established by this Regulation for the accreditation or submission of incomplete or inaccurate information;

- statutory goals of a foreign or international organization or goals of stay and activity on the territory of the Kyrgyz Republic contradict the Constitution and the legislation of the Kyrgyz Republic or threaten sovereignty, security, territorial integrity and national interests;

- an international observer was previously denied accreditation due to gross violations of the Constitution and the laws of the Kyrgyz Republic, international legal acts or international principles of observation.

4. Powers and working arrangements of international observers

4.1. The activities of international observers for elections and referendums shall be regulated by the electoral legislation.

4.2 Material and financial support of the activity of an international observer shall be provided at the expense of the sending party or the observer’s own funds.

4.3. During visits to election commissions of all levels, the state power agencies of the Kyrgyz Republic, other state institutions and local self-government authorities, an international observer shall be obliged to carry the international observer’s certificate issued by the Central Election Commission and an identity document and present it at the request of the organizers of elections and referenda.

4.4. International observers shall have the right:

1) to move freely and be present at any polling stations;

2) to ensure that he / she has an interpreter who will accompany him / her to any polling station during the observation of elections and referenda;

3) to publicly express their opinion on the preparation and conducting of the elections and referenda;

4) to hold press conferences and address the media representatives;

5) to make photo, video and audio recordings without violating the secrecy of voting;

6) to wear badges that do not contain signs of election campaigning, indicating their status, surname, name and patronymic and the name of the organization which they represent;

7) to observe the formation of the election commission of any level;

8) to observe the process of formation of the voter lists;

9) to observe the voter registration process;

10) to observe information support of elections and referenda;

11) to perform other actions in accordance with the legislation of the Kyrgyz Republic.

International observers shall have the right to meet with voters, candidates included in the list of candidates, political parties and other participants in the elections and referenda; be present at the meetings of election commissions and familiarize themselves with electoral documents; be present at polling stations, observe voting, including the use of technical means, counting of votes and establishment of election results and returns; familiarize themselves with the results of consideration of appeals and complaints; receive copies of the electoral documents; give their opinions on the results of elections and referenda.

4.5. International observers shall be obliged to:

- comply with the Constitution and laws of the Kyrgyz Republic; provisions of the “Convention on standards of democratic elections, the voting rights and freedoms in the State Parties of the Commonwealth of Independent States” and other international documents;

- perform their functions on the basis of the principles of political neutrality, impartiality, respect for the national sovereignty of the Kyrgyz Republic, refusal to express any preferences or assessments in respect of the electoral bodies, state and other agencies, officials and participants in elections and referenda;

- not to interfere in the process at all stages of elections, including after the voting;

- base all their conclusions on observation and factual evidence;

- abstain from making any assessments, comments, suggestions or recommendations in relation to his / her observations to the representatives of the media and the public until the end of voting.

4.6. In accordance with this Regulation, international observers shall not have the right to use their status to carry out activities which are not related to the observation of the preparation and conducting of the elections and referenda.

4.7. The Central Election Commission shall have the right to withdraw the accreditation of an international observer in case of violation of this Regulation, the legislation of the Kyrgyz Republic, generally recognized principles and provisions of the international law, as well as upon written statement of the sending organization or the international observer personally.

4.8. While on the territory of the Kyrgyz Republic, an international observer shall be under the patronage of the Kyrgyz Republic. The election commissions, state agencies and bodies of local self-governance shall be obliged to provide him with the necessary assistance within the limit of their competence.

4.9. Persons who violate the rights of international observers shall bear responsibility in accordance with the legislation of the Kyrgyz Republic.