DUSHANBE, February 12, 2010, Asia-Plus — An election observation mission of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) for the 28 February parliamentary elections in Tajikistan released the first interim report on February 8.
The report notes that amendments to the election law in 2004 improved the legal framework, but significant deficiencies remain. Shortcomings noted in the OSCE/ODIHR Final Report following the 2005 parliamentary elections include the lack of guarantees for an inclusive and pluralistic composition of election commissions, lack of provision for domestic non-partisan observation, insufficient complaints procedures, and vague procedures on essential aspects of the election process, including on voter registration, voting, counting and tabulation. The recommendations made by the OSCE/ODIHR to address these shortcomings have not yet been implemented. The election law also lacks sufficient detail to ensure a uniform and consistent conduct of the electoral process.
Broadcast media are the main source of information, also on the election process. However, only state-owned TV channels and radio broadcast nationwide. While there are a relatively high number of print media, most have a small circulation and are published only once or twice a week. Their reach outside urban centers is limited. The lack of diverse viewpoints in the media raises concern over voters’ access to a broad range of information.
The election law is the legal centerpiece for conducting the election campaign in the media. However, certain articles of the Constitution as well as other laws are also relevant. Article 30 of the Constitution guarantees freedom of speech, freedom of press and right to use mass media. State censorship and prosecution for criticism is prohibited. During election campaigns, media have no right to publish information discrediting the honor, dignity and business reputation of candidates. At the same time, the criminal code still contains provisions on libel and defamation despite a number of attempts by media and civil society representatives to remove them.
The OSCE/ODIHR EOM commenced its qualitative and quantitative media monitoring of three TV channels on January 19, three radio stations, nine newspapers and broadcast media in Khujand and Qurghon Teppa. The mission will evaluate whether media provide impartial and balanced coverage of the contestants and other political entities, according to domestic law and international good practice. In addition, the mission will assess how much attention media pay to voter awareness programs and media compliance with legal requirements for allocation of free airtime and space.
According to the report, the complaints and appeals process, regulated by a number of legal instruments including the election law and civil procedure code, generally lacks sufficient clarity. There is dual jurisdiction for consideration of complaints against decisions and actions of election commissions, whereby political parties, candidates, proxies, observers and voters can submit complaints to either higher election commissions or courts, with the Supreme Court as the final instance in all cases. A lack of clear separation in the respective roles and mandates of the courts and electoral bodies is a concern.
On the participation of women, the report says the legal framework provides the basis for equal participation of women and men in the electoral process. The Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities for their Implementation (gender equality law) adopted in 2005 contains specific provisions on equal opportunities for men and women. A total of 15 women out of 73 candidates have been registered on political party lists, although most of them are low in the lists and stand little chance of being elected.
The election law allows political parties and self-nominated candidates to appoint election observers, who have the right to be present at polling premises, to observe the work of election commissions, and to familiarize themselves with the voting results. Observers, however, are not entitled to receive copies of results protocols nor is there any provision for domestic non-partisan election observation.
There are currently eight registered political parties in Tajikistan. Three of these are represented in the outgoing parliament. The People’s Democratic Party (PDPT), which in 2005 won 52 out of 63 parliament seats, remains the predominant political force in the country. Of the remaining 11 seats, 4 seats were won by the Communist Party (CPT) and 2 by the Islamic Revival Party (IRPT).
