POSITION
on the Observer Mission of the Shanghai Cooperation Organization for presidential and/or parliamentary elections, as well as referendums
Approved by the Decision of the Council of Foreign Ministers of the Member States of the Shanghai Cooperation Organization No. 8 dated May 15, 2006
This Regulation determines the general principles, rules for organizing and exercising by the Shanghai Cooperation Organization the function of an international observer at presidential and/or parliamentary elections, as well as referendums.
The SCO member states proceed from the premise that the presence of international observers contributes to the openness and transparency of presidential and/or parliamentary elections, as well as referendums. The SCO member states will strive to facilitate the access of international observers to the electoral processes taking place in them.
The SCO member states also proceed from the fact that the states that invited observers from the Shanghai Cooperation Organization to the presidential and/or parliamentary elections, as well as referendums, thereby undertake to provide the necessary conditions for their full-fledged work.
* * *
The terms in this Regulation mean:
- "SCO" - Shanghai Cooperation Organization;
- "Member State" - a member state of the SCO;
- "Secretariat" - the Secretariat of the SCO, as defined in the Charter of the Shanghai Cooperation Organization of June 7, 2002;
- "SNK" - the Council of National Coordinators, as defined in the Charter of the Shanghai Cooperation Organization of June 7, 2002;
- "Elections" - elections of heads of state and / or parliamentary elections, as well as referendums;
- "Host State" - a state that conducts elections and has invited observers from the SCO;
- "CEC" - the Central Electoral Commission - the central body of the host state, responsible in accordance with the current legislation for the conduct of elections;
- "Mission of observers" - Mission of observers from the SCO in the elections;
- "Members of the Mission of Observers" - officials of the Secretariat and representatives of the legislative, executive and electoral bodies of the Member States, included in its composition in accordance with these Regulations and accredited (registered) by the host state.
* * *
1) The mission of election observers is organized and coordinated by the Secretariat in agreement with the Council of People's Commissars on the basis of an invitation from the state in which the elections are held.
Upon receipt of an invitation from the State holding the elections, the Secretariat shall apply to the Member States for the provision of lists of persons who may be included in the observer mission.
The Secretariat, within the time limits established by the national legislation of the host state, sends a letter to the CEC with a request for accreditation (registration) of the members of the observer mission. The Secretariat has the right, on its own initiative, to raise the issue of sending an Observer Mission to elections in a particular state and, if the Member States agree, apply to this state with a corresponding request.
Coordination of the issue of sending the Mission of Observers is carried out through the Council of People's Commissars of the SCO.
2) The activities of the Mission of Observers are governed by the legislation and international obligations of the host state in the field of electoral law, as well as by these Regulations.
3) The main goal of the Mission of Observers is to assess the course and results of the electoral process in terms of its compliance with national legislation, international treaties and obligations of the host state.
4) The observer mission is headed by the Executive Secretary of the SCO or, on his instructions, by one of his deputies.
5) Head of the Observer Mission:
a) is responsible for its day-to-day work;
b) exercise control over the work of the SCO Observer Mission;
c) is responsible for establishing and maintaining contacts with the administrative and electoral bodies of the host state, political parties, candidates, representatives of civil society, heads of national missions of the SCO member states, as well as with representatives of the diplomatic community and other international organizations participating as election observers , and their missions;
d) organizes contacts with the media in the interests of objective coverage of the monitoring of the organization and conduct of elections;
e) on the basis of the observations of the members of the Mission of Observers recorded in the questionnaires provided for in paragraph 9 e) of these Regulations, prepares a statement of the Mission of Observers and a report on the results of its work.
6) Members of the Mission of Observers carry out their activities independently and independently, guided by the principles of political objectivity, neutrality, impartiality, refusal to express any prejudices and preferences in relation to electoral, state and other bodies, officials, participants in the electoral process.
The members of the Observer Mission base all their conclusions on personal observation and factual material.
le. In formulating their conclusions and assessments, they should not seek or receive instructions from any public authorities of the Member States or the head of the Observer Mission.
Members of the Mission of Observers do not have the right to use their status to carry out activities not related to the observation of the course of the election campaign or interference in the election process. The right of the host state to deprive the accreditation (registration) of members of the Observer Mission who violate the legislation of the host state is recognized.
7) Members of the Observer Mission have the right to expect from the host State:
a) unhindered receipt from the electoral authorities of the host state of the necessary information and copies of electoral documents specified in the legislation of the host state;
b) freedom of contacts with political parties, coalitions, candidates, individuals, employees of electoral bodies within the framework established by the electoral legislation of the host state;
c) free access to all polling stations and voting premises on the territory of the host state, including on the day of voting;
d) ensuring the transparency of the procedure for counting ballots during voting and establishing its results;
e) familiarization with the practice of considering complaints (applications) and claims related to violations of the electoral legislation of the host state;
f) the opportunity to bring to the attention of representatives of the electoral bodies of the host state their observations.
8) Members of the Mission of Observers are obliged to:
a) comply with the Constitution and laws of the host state, the requirements of this Regulation;
b) carry a document of the established form on accreditation (registration) as an international observer and present it at the request of representatives of the authorities of the host state;
c) refrain from commenting in the media on the electoral process in the host state, with the exception of general information about the work and role of the Observer Mission;
d) refrain from wearing symbols, stickers and badges belonging to political parties and social movements.
9) Organizational and technical support of the Observer Mission is carried out by the Secretariat, which:
a) requests the Member States for candidates for inclusion in the Observer Mission and, on the basis of their proposals, forms the composition of the Observer Mission;
b) organizes the accreditation (registration) of the members of the Observer Mission with the CEC of the host state;
c) carries out monitoring and analysis of pre-election campaigning activities in the mass media of the host state and prepares a report on this for the members of the Mission of Observers;
d) draw up and distribute for the members of the Mission of Observers a set of normative legal acts regulating the electoral process in the host state;
e) prepares special questionnaires for the members of the Mission of Observers to record observations;
f) ensure the solution with the host state of the issues of meeting, seeing off, accommodation of the members of the Observer Mission, their activities on the territory of the host state, as well as resolving other issues of an organizational and technical nature;
g) prepares for the members of the Mission of Observers information with the addresses of constituencies and polling stations where observation is supposed to be carried out and contact numbers of the CEC of the host state;
h) if necessary, hires experts for information or consulting services on issues that are the subject of election observation.
10) The statement is made by the Head of Mission on behalf of the entire Observer Mission, as a rule, the day after the election.
The text of the statement is signed by the head of the Observer Mission and submitted to the CEC of the host state, brought to the attention of the public and the media.
The Secretariat sends a report on the results of the activities of the Observer Mission through the SNK for the information of the Member States.
Documents and materials based on the results of the work of the Observer Mission shall be deposited with the Secretariat.
* * *
11) Material and financial support for the activities of the members of the Mission of Observers is carried out at the expense of the sending party, or at their own expense.
The number of Secretariat officials in the Observer Mission is determined by the SCO Executive Secretary within the allocations allocated for this purpose and in accordance with the SCO Financial Rules.
Expenses related to the participation of Secretariat officials in the work of the Observer Mission are paid from the SCO budget under the item “Travel Expenses” in accordance with the Regulations on the Salary, Guarantees and Compensation of Regular Employees of the SCO Permanent Bodies and the SCO Financial Rules.
Financing of the organizational, technical, legal and information support for the activities of the Observer Mission, provided for by these Regulations, is carried out
It is provided by the Secretariat at the expense of the SCO budget within the limits of the appropriations provided for these purposes and in accordance with the Financial Rules of the SCO.
* * *
12) The working languages of the Observer Mission are Russian and Chinese.
13) This Regulation shall enter into force from the date of its approval by the Council of Foreign Ministers of the SCO Member States.
14) By decision of the Council of Foreign Ministers of the SCO Member States, these Regulations may be amended and/or supplemented. The corresponding decision comes into force from the date of its signing.
