MONITORING of ADMINISTRATIVE RESOURCE ABUSES DURING PARLIAMENTARY ELECTIONS in the KYRGYZ REPUBLIC February-March 2005”
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“Transparency International - Kyrgyzstan” “Transparency International – Kyrgyzstan” PROJECT “MONITORING OF ADMINISTRATIVE RESOURCE ABUSES DURING PARLIAMENTARY ELECTIONS IN THE KYRGYZ REPUBLIC February-March 2005” 2005 2 “Transparency International - Kyrgyzstan” CONTENTS CONTENTS 3 CHAPTER 1. METHODOLOGICAL FUNDAMENTALS OF THE MONITORING PROJECT 7 PROJECT DESCRIPTION AND METHODS 7 A) Introduction 7 B) Project Goals and Targets 7 C) Project General Characteristic 7 D) Methods of Project Implementation 8 E) Results 9 1.2. ABUSE OF ADMINISTRATIVE RESOURCE. ADMINISTRATIVE RESOURCE TYPOLOGY. 9 A) Role and Significance of Administrative Resource Abuses 9 B) Institutional resource 9 C) Media resource 9 D) Budget resource 10 E) “Coercive” Resource 10 CHAPTER 2. LEGAL AND ORGANIZATIONAL CONTEXT 11 2.1 Elections of Deputies to the Kyrgyz Republic Parliament 11 a) Elections dates 12 b) Election Commissions 12 c) Preparation and conduction of elections of deputies to the Kyrgyz Republic Parliament 16 2.2 Organization, Procedure of Voting and Definition of its Results 16 a) Premises for voting 16 b) Certificate of striking off the list for voting at elections 16 c) Voting paper 17 d) Voting procedure 17 e) Procedure of prescheduled voting and voting outside voting premises 18 f) Definition of voting results 18 2.3 Agitation at Elections 18 a) Agitation period 19 b) Agitation by television, radio, through printing mass media, agitation by means of mass events, dissemination of agitation materials 19 c) Inadmissibility of abuses of the right for agitation 20 2.4 Financing of Elections 21 a) Financial support of elections preparation and conduction 21 b) Election funds 21 c) Control of spending funds allocated for conduction of elections 22 2.5 Responsibility for Violation of Suffrages 22 CHAPTER 3. PRE-ELECTION SITUATION IN KYRGYZSTAN. PARLIAMENTARY ELECTIONS OF 2005 25 3.1 Political Situation in Kyrgyzstan 25 3.2 Manifestation of Tribalism, Clannishness and Regionalism, their Impact in Kyrgyzstan 27 3 “Transparency International - Kyrgyzstan” 3.3 Administrative Resource at Parliamentary Elections of 2005 30 3.4 Peculiarities of Conduction of Parliamentary Elections of 2005 33 Refusal to register ex-Ambassadors 34 Withdrawal from registration of candidates 35 3.5 Opposition consolidation. 38 3.6 General conclusions. 43 CHAPTER 4. ALTERNATIVE INVESTIGATIONS OF THE ELECTIONS 44 OSCE 44 Coalition “ Pro democracy and civil society” 45 Internews in Kyrgyzstan 46 ENEMO ( European network of Election Monitoring Organizations) 48 CHARTER 5. MONITORING RESULTS AND THEIR ANALYSIS. EXPERT INTERVIEWS. 50 5.1 MONITORING MASS MEDIA 50 Abusing the media administrative resource 50 Television 50 Press 57 5.2 EXPERT’S INTERVIEW 67 The sources of financing the elections funds. 67 The Expending of the Election Money. 68 The structure of the expenditures for holding the election campaign 68 The abuses of the administrative resources in favor of separate parties 68 The significance of the last changes in the Code on Elections, the drawbacks of the acting legislation on elections. 69 The most successful strategies of the deputy candidates. 69 5.3 ANALYSIS OF THE SEPARATE TYPICAL CASES 69 The abuses of the media resource at the Republic level 72 The abuse of the institutional resource 75 The Abuse of the budget resource 77 CHAPTER 6. CONCLUSIONS AND RECOMMENDATIONS 86 RECOMMENDATIONS: 87 General recommendations 87 Budgetary resource 88 Institutional resource 89 Media resource 90 4 “Transparency International - Kyrgyzstan” Preface This research project was dedicated to monitoring of abuses of the State resources and state sector (“administrative resource”) in the course of election campaign on parliamentary elections of the Kyrgyz Republic on February 27, 2005. Our investigation was carried out during the period which is not simple for Kyrgyzstan, when revolutionary events took place in the country, one of the reasons of which was connected with the use of the administrative resource by power authorities in electoral processes. The application of the administrative resource was stipulated by peculiarities of the democratic processes development on the post-Soviet space. It is just the use of administrative resource that violates a basic democratic principle – a principle of separation of power. It occurs because executive bodies control a process of elections to representative bodies, and as such, they receive in future an influence on representative (legislative) structures in the process of taking decisions. A solution of this problem is a priority one as it has an impact on other violations in election processes: electors’ suffrages and the right of observers, participation of mass media and political parties. An advantage of this investigation is a comprehensive analysis of the administrative resource in its basic forms and development of practical recommendations targeted at the reduction of the administrative resource influence on electoral process. A value of this investigation is as follows: firstly, it gives not only a “snap” of the situation existing directly during the elections period, but also gives a retrospective analysis of the situation existed before the elections, and secondly, it represents an integral system consisting of the complex political, legal, sociological and historical analysis of the situation in the country. One of important results of this investigation is a successful approbation of the methods developed by “Transparency International” under conditions of the Kyrgyz Republic. A development of a set of recommendations of general and legislative nature became an important result of this investigation. As we hope, these recommendations will be used for restriction of a scope of administrative resource abuses at subsequent elections. The Final Report contains the information on conducted investigation and its detailed methodology. Findings and recommendations of this investigation will be useful not only for representatives of state structures, but also for mass media staff, representatives of the civil society, students of higher educational institutions and for all persons interested in conduction of open and transparent parliamentary elections without the use of administrative resource. In our opinion, this investigation represents a scientific and practical interest for sociologists, political scientists and lawyers because of its methodological approach, of its typology of the administrative resource and a juridical analysis of case-studies. 5 “Transparency International - Kyrgyzstan” A composite author expresses its hope that all materials contained in our Report will be in demand among a broad circle of persons, interested in electoral processes and use of administrative resource. 6 “Transparency International - Kyrgyzstan” CHAPTER 1. METHODOLOGICAL FUNDAMENTALS OF THE MONITORING PROJECT PROJECT DESCRIPTION AND METHODS A) Introduction This Project was dedicated to monitoring of abuses of the State and state sector resources (“Administrative resource”) in the course of campaign on election of deputies to the Kyrgyz Republic Parliament on February 27, 2005. Abuses of administrative resource are more often acknowledged as a key category of the political corruption in the course of election campaigns, especially in the former Soviet Union countries. Such abuses undermine the attempts to regulate funds allocated for conduction of election campaigns, as well as basic democratic principles. Abuses of administrative resource for electoral purposes on the part of political forces in power represent a serious threat for democracy. Depending on the type and way of administrative resource abuse, such abuses have a negative impact on civil freedoms and personal immunity, quality of democracy, fulfillment of state functions and distribution of resources. In the course of the project a special attention was paid to consequences of administrative resource abuses for the quality of democracy. In the course of this Project implementation revolutionary events took place on March 24, 2005, which played a certain role in its fulfillment, as there were revealed and promulgated documents testifying to an extensive usage of the administrative resource at Parliamentary elections in the Kyrgyz Republic. B) Project Goals and Targets The goals of this Project are as follows: - Study of abuses of administrative resource during the elections of deputies to the Kyrgyz Republic Parliament. - Reveal and building of a picture of administrative resource abuses during the election campaign - To trace and analyze separate types and forms of abuses, monitoring of television, printing mass media - Development of recommendations of a legislative or any other nature for restriction of scope of the administrative resource abuse. C) Project General Characteristic This investigation was carried out in 2005 and gave a basis for development of the administrative resource typology as a basis of the current monitoring. The investigation included a study of media, analytical and expert materials, connected with conduction of election campaigns, as well as interviews with politicians, lawyers, journalists, representatives of different branches of power and civil society. In the course of this Project implementation there were revealed cases of the administrative resource usage and there were developed recommendations on their reduction. 7 “Transparency International - Kyrgyzstan” D) Methods of Project Implementation The proposed methods can be used for monitoring of the