1. INTRODUCTION
2. EXECUTIVE SUMMARY

1. INTRODUCTION

Based on an invitation issued by the Ministry of Foreign Affairs of the Republic of Kazakhstan to take part in observing the parliamentary (Majilis) elections scheduled for 10 October 1999, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) established an Election Observation Mission (EOM) on 1 September 1999, with observers seconded by participating States. The OSCE/ODIHR appointed Ms. Linda Edgeworth as Head of the long-term Election Observation Mission. Mr. Ihor Ostash, Vice-President of the OSCE Parliamentary Assembly and Member of the Ukrainian Parliament, was appointed to lead the short-term observers as Special Representative of the OSCE Chairman-in-Office.

This final report is based on the findings of the EOM for both the first round of elections on 10 October, the second round held on 24 October, and relevant events immediately thereafter. The EOM included 20 core staff and long-term observers, and 118 short-term observers, including 18 members of the OSCE Parliamentary Assembly. The number of observers was reduced during the second round. They visited 547 polling stations during the first round, and 134 polling stations during the second round. Preliminary statements on the two rounds of elections were issued on 11 and 25 October, respectively.

The OSCE/ODIHR wishes to thank the Ministry of Foreign Affairs and the Central Election Commission of the Republic of Kazakhstan for their support and cooperation. OSCE/ODIHR and the OSCE Parliamentary Assembly stand ready to continue the dialogue with the authorities, and the Majilis and Senate of Kazakhstan, to address the concerns and recommendations detailed in this report.

2. EXECUTIVE SUMMARY

In a first preliminary statement issued on 11 October 1999 before the tabulation of results, the Election Observation Mission concluded that the 10 October election marked a tentative step in the country’s transition to democracy. Improvements in three areas created the potential for Kazakhstan to meet the OSCE commitments formulated in the 1990 Copenhagen Document: (1) The Central Election Commission adopted an extensive set of regulations, significantly improving the legislative framework for the election; (2) Ten political parties were registered for the party-list election and 547 candidates for the single-mandate constituencies, contributing to pluralism; and (3), party, candidate, and non-partisan observers were accredited to monitor the proceedings in a great majority of precincts (polling stations).

However, the improved legislative and regulatory framework was severely undermined by: (1) illegal interference by executive authorities; (2) unfair campaign practices by parties closely associated with existing power structures; (3) threats of bureaucratic, administrative, and judicial measures jeopardizing media operations; (4) bias by lower level election commissions for candidates and parties favored by regional and local officials; and (5) intimidation and obstruction of the electoral campaign of opposition parties and candidates. In particular, widespread violations during the vote count and tabulation of results for the first round were a serious setback. The election commissions and courts were unable to address these violations effectively.

Ultimately, the collapse of transparency and accountability mechanisms envisioned by the Central Election Commission severely undermined the confidence of political participants and the public, not only in the final results but also in the electoral process as well.

Improved procedures promulgated by the Central Election Commission for the second round of the elections on 24 October and their partial implementation did not have an impact on the overall outcome of the elections.

Following the second round, the Central Election Commission declared the results of voting invalid in three of the 47 districts due to unspecified violations. New elections with an entirely new slate of candidates were held on 26 December. However, the Central Election Commission and the judicial system were unable to address violations effectively. Moreover, the Central Election Commission has yet to address the lack of transparency in the two-round elections.

Thus, the two-round elections of Deputies to the Majilis of the Parliament of the Republic of Kazakhstan on 10 and 24 October, while constituting a tentative step towards international standards and an improvement from previous elections, fell short of the OSCE commitments formulated in the 1990 Copenhagen Document. These commitments for universal, equal, fair, secret, free, transparent, and accountable elections were severely marred by widespread interference by executive authorities in the electoral process. The newly elected parliament together with the Government of Kazakhstan is urged to address these shortcomings while the experience of the elections is still in the forefront of public debate.

2.1 Recommendations

To restore public confidence:

• The authorities of Kazakhstan, in particular the Central Election Commission, could help restore marred public confidence in the electoral process through an urgent publication of the complete election results, including all precinct and district-level details and summaries for both rounds, for all candidates, and for the single mandate as well as the party list races.
• Upon full disclosure of the above information to the citizens of Kazakhstan, they must be provided the opportunity to challenge the results through the judicial system, their complaints considered fairly, and the court judgments enforced.
• The CEC could publish a report on the disposition of all complaints and appeals filed with the election commissions and the courts for the two rounds of the elections.

The Election Law should be amended to:

• Prohibit strictly any interference by local authorities in the electoral process and provide severe criminal penalties for any such interference.
• Incorporate the regulations promulgated by the Central Election Commission for the Majilis and Maslikhat elections of 10 and 24 October 1999, in particular those pertaining to the rights of observers, the vote count, and tabulation procedures.
• Provide for full transparency of the process, in particular during counting and tabulation of results at all levels, and to ensure full accountability.
• Provide fully transparent procedures for the processing of electoral complaints and appeals filed with the CEC. (The OSCE/ODIHR will submit an additional report to the authorities of Kazakhstan regarding the processing of complaints and appeals by the election commissions and the judiciary.)
• Provide strict time limits for the publication of detail results at all levels.

• Remove provisions of the law that prohibit all candidates who participated in an election declared invalid from participating in the repeat elections.
• Allow meaningful representation at all election administration levels by parties and candidates participating in elections.
• Ensure candidates’ right to have observers at every polling station.
• Remove vague or broad administrative penalties from the list that can disqualify candidates.
• Regulate the conduct of the media during election periods, to regulate the rights of candidates and parties to free media time, and to introduce enforcement mechanisms.
• Prohibit strictly during an electoral period any “charitable donations” by political parties or other organizations participating in elections.
• Regulate further polling station activities, in particular special voting procedures, including mobile ballot boxes, military installations, hospitals and detention centers.
• Ensure the rights of observers throughout the polling, counting, and tabulation process at all levels and without any hindrance.
• Define penalties for violations of the Election Law.

In addition, the Parliament and authorities of Kazakhstan are urged to address other concerns contained in two reports submitted by OSCE/ODIHR: (1) “Report on the Legal Framework of the Parliamentary Elections in Kazakhstan”, dated 29 June 1999; and (2) “Conclusions and Recommendations of the Needs Assessment Mission, Kazakhstan”, dated 21 August 1999. Finally, other laws with an impact on the electoral process must be reviewed and their amendment in accordance to OSCE commitments considered.s