Parliamentary Elections

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2010 Parliamentary Elections of
Tajikistan Principals Group 18 June 2009,
Dushanbe
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Is the perception
more importantly the reality of free and
fair elections related to security?
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Day after parliamentary elections Chisinau,
Moldova, April 2009
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Few days after presidential elections Tehran,
Iran, June 2009
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P a r l i a m e n t of Tajikistan
Majlisi Oli
Supreme Council
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• 1994 Constitution confirms Soviet administrative
  divisions
• 22 cities 47 towns 354 villages 3,570
  settlements
• Provinces Khatlon, Sughd, Badakhshan, RRS
  Dushanbe
• 56 districts, (nohiyaho, rayon)
• Province and district heads appointed by
  president
• 2010 elections Majlisi Oli, province and
  district parliaments

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• Bicameral system

• Majlisi Namoyandagon
• (Council of Representatives, lower house of
  Parliament)

• 63 seats, 22 proportional party list (5
  threshold of overall votes needed to win seats)

• 41 seats elected majoritarian system from single
  mandate constituencies

• Majlisi Milli (National Council, upper house)
  33 seats

• Directly and indirectly appointed by president
• (serious separation of powers problem)

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• Three-tiered election commissions system
• CCERs 13 members appointed by the president,
  approved by the lower house
• 41 district election commissions (DECs)
• 3,000 polling station commissions

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2000, 2005 Parliamentary Elections of Tajikistan
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2000 Parliamentary Election

• JEOMT Joint Election Observation Mission to
  Tajikistan U.N. and OSCE
• General Agreement on the Establishment of Peace
  and National Accord (27 June 1997)
• 10 core experts, 12 LTOs, 86 STOs 
• UNMOT and OSCE Mission reported on March upper
  house elections
• first multi-party election ever in history of
  Tajikistan
• Violence 11 pre-election deaths including one
  candidate

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2005 Parliamentary Election

• OSCE/ODIHR Election Observation Mission Final
  Report
• 27 Experts and LTOs and 150 STOs 
• 600 polling stations and some DECs observed
• failed to meet many key OSCE commitments and
  other international standards on democratic
  elections
• not conducted fully with domestic law
• inadequate or arbitrary implementation of the
  amended election law
• large-scale irregularities particularly on
  election day

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• elections commissions did not enjoy confidence
  of opposition parties
• nearly all local election commissions composed
  of PDP officials/members
• no genuine debates
• political campaign events controlled and
  managed by government 
• official interference with the press
• closure of 4 newspapers, prevention of new ones,
  suppression of attempted TV airing of debates
• inadequate media coverage undermined voters
  ability to make an informed choice

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• official complaints and appeals procedures not
  transparent and did not offer effective
  remedies for grievance
• Inadequate control of ballots, opening door for
  malfeasance
• Multiple voting widespread
• CCER practiced an extraordinary degree of
  secrecy in treating what should have been
  well-publicized documents, and violating
  observers legal rights
• integrity of the tabulation process highly in
  question in polling stations and DECs
• political party members appointed to DECs, but de
  facto exerted no influence
• the distinction between local government and
  DECs, PSCs often unclear
• No central voter registry

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• Despite promises by the CCER, very few EOs were
  able to receive sealed election protocol nor were
  detailed results of polling stations released
• Candidate registration process 200x minimum wage
  US500 to US800 extremely high
• Prohibition to run if sought by the state on
  criminal charges (Iskandarov of DP, Quvvatov of
  Taraqqiyot)
• Nearly no campaigning by parties except PDP
• Opposition parties often barred from using local
  government venues
• Most common violation Multiple/family voting
• Ballot counting rated in most PSs as poor-very
  poor
• Opposition (CP, IRP, SDP and DP) disputed results

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OSCE/ODIHR Recommendations

• cease culture of impunity for election
  violations
• make election commissions independent
• political parties present at all commission
  levels
• ease candidate registration requirements (e.g.
  annul higher education, criminal charges, mental
  health check)
• allow domestic non-partisan election observers
• observers allowed to receive official copy of PS
  results
• national results to be broken down by polling
  station
• limit or qualify the dignity and honor clause
  for media

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OSCE/ODIHR Recommendations

• do away with 50 requirement
• change to positive system of marking of ballots
• CCER hold public meetings and open vote decisions
• establish national voter register
• allow freedom to political parties to mobilize
• train political parties and observers
• ensure greater freedom of media on election
  coverage
• encouragerather than hinderdebates

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8 February 2009 Bi-election

• Lower house race, two candidates PDP, IRP
• Observed by Embassies of Britain and France, EC
  and OSCE Office in Tajikistan (10 semi-formal
  observers)
• Majority of 48 polling stations observed
• Election was orderly, peaceful
• Group/multiple/family voting common
• Observers barred from PS in military collage
  barrack
• 78 CCER reported voting rate grossly
  exaggeration
• Checking of IDs not consistent
• Police/security present in many PS
• De facto propaganda materials favoring PDP
  candidate

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Electoral law reform recommendations by political
parties and civil society
IFES June/July 2008
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Tajikistans Civil Society / NGOs on Electoral
Law Reform 4 - 6 March 2009
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Civil Society Recommendations

• Include representatives of non-governmental
  organizations as election observers
• Barr government officials as members of election
  commissions
• Election commissions must submit official
  decision on complaints to those seeking it no
  later than 24 hours after verbal or written
  appeal
• Take out higher education as requirement for
  parliamentary candidacy
• Include right of nominating candidates by NGOs in
  single mandate constituencies

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Civil Society Recommendations

• As can political parties, so should NGOs have
  right to nominate persons as candidates, who are
  not members of their NGO
• Take away fee and mental health check
  requirements for candidate applications
• Provide free media time 30 minutes for parties
  and 15 minutes for candidates
• Each observer must be provided with approved copy
  of protocol of results
• Increase number of (lower house) MPs from
  political party lists from 22 to 35

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END