Final report on Turkmenistan’s presidential election by OSCE/ODIHR observers recommends effectively enforcing principle of separation of powers
Noting that the 12 February 2017 presidential election in Turkmenistan took place in a strictly controlled political environment characterized by the lack of genuine opposition and meaningful pluralism, thus limiting voters’ choice, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) recommended in its final report that efforts be taken to effectively enforce the constitutionally enshrined principle of the separation of powers between the three branches of government.
Although the country’s Electoral Code was amended recently, previous ODIHR recommendations remain unaddressed, the report, published on 10 May 2017, says. It recommends a comprehensive review of the election legislation to bring it in line with OSCE commitments and other international obligations and standards for democratic elections, in a public and transparent legislative process.
The report further recommends that, in order to ensure a clear separation between the state and political parties, the role of the Central Election Commission for Elections and Referenda (CEC) and local administrations in the campaign be limited.
Noting concerns that the excessive power of the president in appointing CEC members limits the commission’s independence and impartiality and is contrary to international standards, the report recommends revising legislation to provide for selection and appointment procedures that ensure the independence and impartiality of the CEC.
While pointing out that the voter lists were publicly available for voters’ verification, the report notes that key ODIHR recommendations on voter registration have yet to be addressed. It recommends improving the integrity of the voter lists, possibly through the introduction of a permanent, centralized voter register, which would allow checks for errors and multiple registrations.
While the legislation provides for equal access to the media for all candidates, there are no legal requirements for balanced or neutral reporting. The report recommends the CEC to adopt rules for media coverage during the electoral campaign, which would include provisions requiring balanced and impartial reporting by the state-owned media. It further recommends easing restrictions on the right to information and freedom of expression on the Internet.
Other recommendations include establishing measures to prevent serious electoral malpractices like proxy voting, multiple voting and ballot box stuffing, introducing temporary special legislative measures to promote women’s political participation, and establishing a framework for regulating campaign finance in line with established international good practice.