OSCE/ODIHR final report on Mongolia’s parliamentary elections recommends improvements to legal framework
The final report by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on Mongolia’s 29 June 2016 parliamentary elections recommends a review of the country’s legislation to ensure a coherent electoral legal framework, equality of the vote across electoral constituencies and inclusiveness in the electoral administration.
The report, published on 4 October 2016, underlines that any fundamental amendments to the election legislation should be made through an inclusive process and adopted well ahead of an election to enhance stability and public confidence in the electoral process. The report also recommends that voting rights and eligibility requirements for candidates be reviewed.
The campaign environment was observed to be largely peaceful, with fundamental freedoms respected. However, in noting instances of the blurring of the line between the state and political parties, the report recommends that the authorities take concrete actions to differentiate between the state administration and political campaigning. Establishing effective sanctions against the misuse of state resources and introducing measures to enhance the transparency of campaign finance are also recommended.
While the report assesses the legal framework as generally conducive to freedom of expression, it recommends that the legislation be reviewed to provide for fair, balanced and impartial media coverage of the election campaign. Citing concerns about ambiguous and conflicting articles governing the media during the campaign, the report recommends establishing a single independent supervisory body responsible for ensuring the observance of all media regulations and handling of media-related complaints. The report also recommends that criminal provisions for defamation cases protecting the reputation of politicians during elections be replaced by civil remedies.
A review of the election appeals system to guarantee an effective and timely remedy to all complaints and establishing a post-election complaints framework are among the report’s recommendations. Additional recommendations relate to ensuring voting and candidacy rights of persons with disabilities and taking additional measures to ensure the secrecy of the vote.