ODIHR.GAL/100/04 9 Decem ber 2004

ENGLISH only

Office for Democratic Institutions and Human Rights

REPUBLIC OF

PARLIAMENTARY ELECTIONS 17 October 2004

OSCE/ODIHR Election Observation Mission Final Report

Warsaw 9 December 2004 TABLE OF CONTENTS

I. EXECUTIVE SUMMARY ...... 1

II. INTRODUCTION AND ACKNOWLEDGEMENTS...... 2

III. POLITICAL BACKGROUND...... 3

IV. LEGISLATIVE FRAMEWORK ...... 3

V. ELECTION ADMINISTRATION ...... 4 A. ELECTION COMMISSIONS ...... 4 B. ADMINISTRATION OF THE ELECTIONS ...... 5 C. VOTER LISTS ...... 6 VI. REGISTRATION OF CANDIDATES ...... 7 A. NOMINATION ...... 7 B. REGISTRATION ...... 8 C. APPEALS, WITHDRAWALS, AND DE-REGISTRATION ...... 10 D. “AGAINST ALL” ...... 11 VII. THE ELECTION CAMPAIGN...... 11

VIII. THE MEDIA ...... 13 A. BACKGROUND TO THE MEDIA IN THE REPUBLIC OF BELARUS ...... 13 B. LEGAL FRAMEWORK FOR THE MEDIA...... 13 C. MEDIA MONITORING ...... 14 IX. PARTICIPATION OF WOMEN ...... 16

X. ISSUES RELATING TO MINORITIES IN THE ELECTORAL PROCESS...... 16

XI. DOMESTIC OBSERVERS ...... 16

XII. OBSERVATION OF VOTING AND COUNTING...... 17 A. EARLY VOTING ...... 17 B. VOTING ON ELECTION DAY ...... 18 C. COUNTING ...... 18 D. TABULATION OF RESULTS ...... 19 E. OBSTRUCTION OF OSCE OBSERVERS ...... 19 XIII. ELECTION RESULTS ...... 20

XIV. RECOMMENDATIONS...... 21 A. LEGAL FRAMEWORK ...... 21 B. ELECTION ADMINISTRATION...... 22 C. CANDIDATE REGISTRATION ...... 23 D. ELECTION CAMPAIGN...... 23 E. MEDIA...... 23 F. VOTER LIST ...... 24 G. VOTING PROCEDURES ...... 24 H. OBSERVERS ...... 25 ABOUT THE OSCE/ODIHR...... 26

REPUBLIC OF BELARUS PARLIAMENTARY ELECTIONS 17 October 2004

OSCE/ODIHR Election Observation Mission Final Report1

I. EXECUTIVE SUMMARY

In response to a timely invitation from the Minister of Foreign Affairs of the Republic of Belarus, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) observed the 17 October 2004 elections to the House of Representatives of the National Assembly of the Republic of Belarus. The OSCE/ODIHR assessed the elections in terms of their compliance with the 1990 OSCE Copenhagen Document, national legislation, and other election-related commitments.

A Republican Referendum on Constitutional amendments proposing the removal of the two-term limit on holding the office of president was announced subsequent to the calling of the parliamentary election and also took place on 17 October. Although the OSCE/ODIHR was invited to observe the Referendum, it determined only to take note of the Referendum to the extent that it impacted on the parliamentary election process. Consequently, while the OSCE/ODIHR presents no direct conclusions specifically about the Referendum, reference is made to it in this report. The Referendum largely overshadowed the parliamentary election campaign, and there was a fundamental interconnection between the organization of the parliamentary elections and the Referendum. Issues of concern arising from one contest inevitably apply to the other.

The 17 October parliamentary elections in the Republic of Belarus fell significantly short of OSCE commitments. Universal principles and constitutionally guaranteed rights of expression, association and assembly were seriously challenged, calling into question the Belarusian authorities’ willingness to respect the concept of political competition on a basis of equal treatment. It is also of concern that during the election campaign, President Lukashenko affirmed that the Constitution and laws of the Republic of Belarus have “elements of authoritarianism”. The Belarusian authorities failed to create the conditions to ensure that the will of the people serves as the basis of the authority of government, a fundamental commitment of the 1990 Copenhagen Document.

Although voting procedures on election day were generally carried out in accordance with the applicable legislation, t