Draft resolution on the work of election observers

Sviatlana Tsikhanouskaya’s special representative for elections, Aliaksandr Shlyk, presented a draft resolution on how the work of independent observers could be organized during the new presidential elections in Belarus.

You can download the draft resolution on the work of observers in pdf format. There is the entire text of the project below. The project is open for public comment – and you can comment on it on this page below or write to elections@tsikhanouskaya.org.

DRAFT Resolution

Central Commission of the Republic of Belarus for Elections and Republican Referendums

On approval of the Regulations on the referral procedure

and activities of observers during preparation

and holding elections of the President of the Republic of Belarus in 2021

In accordance with paragraph 3 of part one of Article 33 of the Electoral Code of the Republic of Belarus (hereinafter referred to as the Electoral Code), in order to uniformly apply the provisions of Article 13 of the Electoral Code, which determine the procedure for the direction and activities of observers, the Central Commission of the Republic of Belarus for Elections and Republican Referendums DECIDES:

Approve the Regulations on the procedure for sending and activities of observers during the preparation and conduct of the elections of the President of the Republic of Belarus in 2021 (attached).

Chairman of the Commission X.X. XXXXXX

Secretary of the Commission X.X. XXXXXX

APPROVED

Resolution of the Central Commission of the Republic of Belarus on elections and holding republican referendums XX.XX.2021 No. XX

RESOLUTION

on the procedure for the direction and work of observers during the preparation and conduct of the elections of the President of the Republic of Belarus in 2021

CHAPTER 1 GENERAL PROVISIONS

1. In accordance with Articles 13 and 155 of the Election Code of the Republic of Belarus, deputies of the House of Representatives, members of the Council of the Republic of the National Assembly of the Republic of Belarus, deputies of local Councils of Deputies of the Republic of Belarus, proxies of candidates for President of the Republic of Belarus have the right to monitor the preparation and conduct of elections of the President of the Republic of Belarus, representatives of political parties, other public associations, labor collectives and citizens.

2. In order to ensure the transparency of the electoral process in accordance with Article 65 of the Constitution of the Republic of Belarus, parts one and four of Article 13 of the Election Code of the Republic of Belarus, a public association that is not a political party has the right to send up to two of its representatives as observers to meetings of local government bodies dedicated to commissions creation of the appropriate level, regardless of the nomination of representatives to the commission.

3. A political party, another public association, labor collective of an organization or the collective of its structural unit, a group of citizens has the right to send no more than two of its representatives as observers to meetings of the relevant commission for the election of the President of the Republic of Belarus (hereinafter referred to as the commission), to the polling station.

4. Proxies of a candidate for President of the Republic of Belarus have the right to observe meetings of any commissions, local government bodies responsible for the formation of election commissions and at voting stations. At a meeting of a regional, district, city, district in a city, precinct commission, or at a voting station, no more than one observer from among the authorized representatives of the candidate for President of the Republic of Belarus has the right to be present.

5. Deputies of the House of Representatives, members of the Council of the Republic of the National Assembly of the Republic of Belarus, proxies of presidential candidates have the right to observe meetings of any commissions, local government bodies responsible for the formation of election commissions, and voting stations.

6. Deputies of local Councils of Deputies have the right to observe meetings of commissions, local government bodies responsible for the formation of election commissions, voting stations located on the territory of the administrative–territorial unit to which they were elected to the local Council of Deputies.

7. In order to ensure the transparency of the election process and equality of opportunity for candidates and their proxies to conduct an election campaign, the provisions of Part 6 of Article 13 of the Election Code of the Republic of Belarus regarding the prohibition of observers providing information, methodological, financial and other assistance to candidates do not apply to observers who are deputies of the House of Representatives, members of the Council of the Republic, deputies of local Councils of Deputies, proxies of candidates, representatives of political parties or citizens.

CHAPTER 2

SENDING OBSERVERS BY PUBLIC ASSOCIATIONS THAT ARE NOT POLITICAL PARTIES TO LOCAL GOVERNMENT BODIES THAT FORM ELECTION COMMISSIONS

8. Public associations that are not political parties and their organizational structures have the right to send observers to local government bodies that form election commissions in the following order:

international, republican public association – to meetings of the presidiums of regional, Minsk city, district Councils of Deputies, as well as meetings of regional, Minsk city, district, township, village executive committees, local administrations in cities with district divisions, dedicated to the formation of commissions at the appropriate level;

regional organizational structure of a public association – to meetings of the presidiums of the relevant regional, city, district Councils of Deputies, meetings of the relevant regional, district, township, rural executive committees, local administrations in cities with regional divisions, dedicated to the formation of commissions at the appropriate level;

Minsk city organizational structure of the public association – to meetings of the presidium of Minsk city Council of Deputies, as well as meetings of Minsk city and district executive committees in the city of Minsk, dedicated to the formation of commissions at the appropriate level;

district, city (in a city of regional subordination) organizational structure of a public association, local public association – to meetings of the presidiums of the relevant district, city Councils of Deputies, meetings of district executive committees, local administrations in cities with a district division, dedicated to the formation of commissions of the appropriate level;

the district organizational structure of a public association in a city – to meetings of the presidiums of the relevant city Councils of Deputies, meetings of the corresponding city, district executive committees, local administrations in cities with district divisions, dedicated to the formation of commissions at the appropriate level;

the primary organization of a public association – to meetings of township and village executive committees dedicated to the formation of commissions at the appropriate level.

9. The decision to send observers is made, respectively, by the governing body of the public association, organizational structure, and the meeting of the primary organization of the public association.

The decision to send an observer is documented in a protocol. The minutes of a meeting of the governing body of a public association, organizational structure, meeting of the primary organization of a public association shall indicate the name, address and telephone number of the public association, organizational structure or meeting of the primary organization of a public association, the number of members of the governing body (primary organization) and the number of those present at the meeting, date of decision, last name, first name, patronymic and date of birth of the observer, place of his permanent or temporary registration and telephone number, name of the local government body where he is sent.

To accredit an observer, a protocol on the direction of an observer, or a copy of the protocol, or an extract from the protocol containing the information specified in part two of this article is submitted to the relevant local government body that forms the election commissions.

CHAPTER 3

SENDING OBSERVERS BY POLITICAL PARTIES AND OTHER PUBLIC ASSOCIATIONS

10. Political parties, other public associations, and their organizational structures send observers in the following order:

political party, other republican public association, international public association – to meetings of the Central Commission of the Republic of Belarus for elections and republican referendums, regional, district, city, district in cities, precinct commissions, to voting stations located on the territory of the Republic of Belarus;

regional organizational structure of a political party, other public association – to meetings of the relevant regional, district, city, district in cities and precinct commissions, to voting stations located in the region;

Minsk city organizational structure of a political party, other public association – to meetings of the Minsk city, district in the city of Minsk and precinct commissions, to voting stations located on the territory of the city of Minsk;

district, city (in a city of regional subordination) organizational structure of a political party, other public association – to meetings of the relevant district, city, city district and precinct commissions, to voting stations located respectively on the territory of the district, city;

district in the city organizational structure of a political party, other public association, local public association – to meetings of the district in the city and precinct commissions, to voting stations located on the territory of the district in the city;

primary organization of a political party, other public association – to meetings of the precinct commission, to the voting station on the territory of which the primary organization is located.

11. The decision to send observers is made, respectively, by the governing body of a political party, other public association, organizational structure, meeting of the primary organization of a political party, other public association.

The decision to send an observer is documented in a protocol. The minutes of a meeting of the governing body of a political party, other public association, organizational structure, meeting of the primary organization of a political party, other public association shall indicate the name, address and telephone number of the political party, other public association, organizational structure or meeting of the primary organization of a political party, other public association , the number of members of the governing body (primary organization) and the number of those present at the meeting, the date of the decision, last name, first name, patronymic and date of birth of the observer, the place of his permanent or temporary registration and telephone number, the name of the commission or the number of the voting precinct, where he is going.

To accredit an observer, a protocol on the direction of the observer, or a copy of the protocol, or an extract from the protocol containing the information specified in part two of this article is submitted to the appropriate commission.

CHAPTER 4

SENDING OBSERVERS BY LABOR COLLECTIVES OF ORGANIZATIONS, COLLECTIVES OF STRUCTURAL DIVISIONS OF ORGANIZATIONS

12. A labor collective of an organization, a collective of a structural unit of an organization located on the territory of a district, a city of regional subordination that does not have a district division, or a district in a city, sends observers to meetings of the district, city, district in the city and precinct commissions, to voting stations within territory of the corresponding district, city or district in the city, as well as at meetings of the corresponding regional, Minsk city commission.

When sending observers from structural divisions (structural units) of an organization, observers from the organization’s workforce are not sent.

13. The decision to send observers is made by a meeting of the organization’s workforce, a meeting of the staff of a structural unit of the organization.

The decision to send an observer is documented in a protocol. The minutes of a meeting (conference) of the labor collective of an organization, a meeting of the collective of a structural unit, indicate the name, address and telephone number of the organization, structural unit, the number of members of the labor collective of the organization (delegates elected to the conference), the staff of the structural unit of the organization and the number of those present at the meeting (conference), date of decision, last name, first name, patronymic and date of birth of the observer, place of his permanent or temporary registration and telephone number, name of the commission or number of the voting station where the observer is sent.

To accredit an observer, a protocol on the direction of the observer, or a copy of the protocol, or an extract from the protocol containing the information specified in part two of this article is submitted to the appropriate commission.

CHAPTER 5

SENDING OBSERVERS BY CITIZENS

14. Voters of at least 10 people living in the territory of a region, district, city, district in a city, voting station, have the right to send an observer to meetings of the relevant regional, district, city, district in a city, precinct commission, or polling station.

15. An observer sent by voters submits to the commission a statement signed by at least 10 voters residing respectively in the territory of a region, district, city, district within a city, or polling station.

The application for sending an observer shall indicate the name of the commission or the number of the voting precinct where the observer is sent, last name, first name, patronymic, date of birth of the observer, place of his permanent or temporary registration and telephone number. For each voter who signed the application, last name, first name, patronymic, date of birth and place of his permanent or temporary registration are indicated.

CHAPTER 6 ACCREDITATION OF OBSERVERS

16. Accreditation of an observer with the relevant commission, local government body forming election commissions is carried out on the day the document on referral by the observer is submitted by making an entry in the observer accreditation journal.

17. For accreditation, an observer sent by a political party, another public association, an organizational structure, a meeting of the primary organization of a political party, another public association, labor collective of an organization, the collective of a structural unit of an organization, citizens, submits to the commission the relevant document specified in Part 2 of Article 11 , Part 2 of Article 13 or Part 2 of Article 15 of these Regulations, as well as a passport of a citizen of the Republic of Belarus.

18. A deputy of the House of Representatives, a member of the Council of the Republic of the National Assembly of the Republic of Belarus, a deputy of the local Council of Deputies of the Republic of Belarus, an authorized representative of a candidate for President of the Republic of Belarus, for accreditation, presents to the commission the appropriate certificate confirming his status.

19. An observer has the right to appeal the commission’s decision to refuse accreditation in the manner prescribed by law.

CHAPTER 7

PROCEDURE FOR EXERCISING THE POWERS OF AN OBSERVER

20. The observer carries out observation in accordance with the principles of openness and transparency of the electoral process. The restrictions prescribed in Part 6 of Article 13 of the Electoral Code must be applied taking into account these principles and no other restrictions are allowed.

21. Observation refers to the observer’s unhindered access to all stages of the electoral process and the receipt of information relating to these stages. State bodies, public associations, organizations, officials are obliged to assist observers in the exercise of their powers and provide information and materials necessary for their work.

22. On days of early voting and on election day, an observers cannot be limited in their ability to familiarize with election documentation, main and additional voter lists, insert sheets, observe the receipt of ballots by commissions, the sealing and printing of ballot boxes, the issuance of ballots to voters, and the counting of votes and other election procedures.

23. Observers during the period of early voting and on election day have the right to receive information about the number of voters included in the voter lists, the number of voters who took part in the voting, the number of ballots received by the commission and issued to voters, the number of unused and spoiled ballots. At the request of an observer, the commissions provide him with copies of the protocols for each day of early voting and on election day, certified by the signatures of the chairman and secretary of the commission.

24. An observer has the right to be present during the vote counting procedure at a distance from the table that allows him to follow the process and see the contents of each ballot. The Commission is obliged to provide such conditions.

25. Observers accredited to district, city (cities of regional subordination), district commissions in cities have the right to be present in these commissions when receiving materials from precinct commissions, including protocols on voting results at polling stations, and when summing up the results by these commissions. Observers are guided by the principles and rights described in Articles 19–20 of this resolution. At the request of an observer, the commissions provide him with a copy of the summary tables of results at the level of precinct commissions and a copy of the protocol of the corresponding territorial commission, certified by the signatures of the chairman and secretary of the commission. From among the authorized representatives of the candidate for President of the Republic of Belarus, only one observer has the right to be present in the relevant commission.

26. Proxies of candidates for the President of the Republic of Belarus are present at meetings of commissions, when receiving protocols of precinct commissions by territorial commissions, in voting premises in the manner prescribed by Articles 4, 19, 20 of this resolution.

27. When observing at commission meetings, when receiving protocols of precinct commissions by territorial commissions, in voting premises, observers follow the recommendations of the Ministry of Health on the prevention of coronavirus infection (use personal protective equipment, hand disinfectants, maintain social distance between people, etc.), and at voting stations established in hospitals and other healthcare organizations providing medical care in inpatient settings, they also comply with the rules established in these organizations.

The chairpersons of the commissions provide places to accommodate observers, organized in compliance with social distance, but without limiting the rights of observers guaranteed by the election legislation and these regulations.

28. An observer can also take photographs and videos of the process and election documentation, while avoiding filming the faces and personal data of people not performing their official duties.

29. The term of office of an observer begins from the day of accreditation with the relevant commission. The powers of the observer end on the day the election results are established, and in the case of an appeal against the results, on the day the decision to appeal comes into force.