The Central Election Commission of the Republic of Kazakhstan considered an Interim Report no.1. of the ODIHR/OSCE Observation Mission at the Presidential Elections in the Republic of Kazakhstan.
The Central Election Commission would like to point out that its relations with the Office for Democratic Institutions and Human Rights are developing in a spirit of constructive cooperation during recent years. The Central Election Commission highly regards the assistance of OSCE/ODIHR on improvement of the electoral legislation of the Republic of Kazakhstan and would like to note that the Interim Report presented by the OSCE /ODIHR Mission is overall positive. The transparency and publicity of CEC operations are particularly emphasized in the Report.
In this conjunction the Central Election Commission believes that the words of Mrs Audrey Glover, Head of Mission, that “the OSCE/ODIHR Mission has arrived without any preliminary considered ideas and baggage from the past” and that the “observation would be objective and independent without using “dual standards” are confirmed.
Central Election Commission also considered a number of Mission’s recommendations to be reasonable and fulfilled a number of Mission’s recommendations. For instance, in the Report of OSCE/ODIHR Needs Assessment Mission visiting Kazakhstan from 13 to 18 September 2005 , the fact of forwarding “clarifications on Law” by Almaty City Prosecutor to political leader of opposition on August 16 in Almaty City was mentioned. According to the Needs Assessment Mission, this clarification puts limits on the right for self-expression, freedom of movement and freedom for meetings.
Even during the period of NAM in the Republic of Kazakhstan in September 2005 the CEC was considering “the clarification” regarding the verbal address of Mr. Zh.A.Tuyakbai, his representative Mr. T. Tohtasynov and others made on September 12, 2005 during their meeting with the Chairman of the Central Election Commission O.I. Zhumabekov.
According to the results of consideration, CEC has drawn a conclusion on discrepancy of “clarification” made by Almaty City Prosecutor with the Constitutional Law “On elections in the Republic of Kazakhstan”. On October 6, 2005 the Chairman of the Central Election
Commission sent a letter to the Prosecutor General of the Republic of Kazakhstan R.T. Tusupbekov on cancellation of “clarification” made by Almaty City Prosecutor to the Chairman of Republican Public Association “ Block of democratic forces “For just Kazakhstan” Zh.A.Tuyakbai.
The General Prosecutor’s Office of the Republic of Kazakhstan agreed to the reasons of the Central Election Commission and on October 21, 2005 R.T. Tusupbekov provided a written reply that on
October 19, 2005 the “clarification” addressed to Zh.A. Tuyakbai was cancelled by Almaty City Prosecutor. Besides this Almaty City Prosecutor has cancelled clarifications addressed to public associations “Union of Semirechye Kossacks”, “Russian Community of Kazakhstan”, “Republican Slavic Movement”, ”Lad”, “Union of Kossacks from the Steppe Lands” and Mr. S. Abdildin , which were not included in abovementioned Report of the NAM. The Central Election Commission agreed with the recommendation of the Mission on the need for a clear regulation on printing and distribution of absentee ballots among the polling stations. In the course of the CEC meeting on November 11, 2005, the issue of publication and distribution of absentee ballots among the polling stations for voting at the 2005 Presidential Elections in the Republic of Kazakhstan was considered and relevant resolution was adopted.
The Central Election Commission has thoroughly examined the OSCE/ODIHR position on the fact that certain amendments to the Law on Elections adopted in April 2005 may lead to the limits of freedom for peaceful gatherings, particularly the provision stating that “any forms of expressions of group or individual interests and protests fostering influence on voters or members of the election commissions shall be prohibited during the period from deadline for election campaign till official publication of election results”.
Upon consideration of this issue the Central Election Commission has developed a Draft Law on exclusion of the item 6 of Article 44 from the Constitutional Law of the Republic of Kazakhstan “On elections in Republic of Kazakhstan”. The Commission intends to initiate its consideration by the Parliament of the Republic of Kazakhstan with observance of all relevant procedures.
At the same time, a number of conclusions and assessments of OSCE/ODIHR experts either repeat provisions of the preliminary Report on needs assessment or contain conclusions to which the Central Election Commission can not agree.
The Report contains provisions on low representation level of the opposition parties among members of election commissions.
In the Republic of Kazakhstan the State ensures participation of the political parties in territorial and divisional election commissions.
Earlier the oblast election commissions were established as per the decision of the Central election Commission according to recommendation of Akims of oblasts and Akims of Astana and Almaty cities and lower election commissions were established as per the decision of higher election commission according to recommendation of relevant Akim. After inclusion of the April 2004 amendments to the Constitutional Law of the Republic of Kazakhstan “On elections in the Republic of Kazakhstan” territorial, district (okrug) and divisional election commissions are elected by the respective Maslikhats according to proposals of political parties.
Each party is entitled to nominate one candidate for membership in relevant election commission. Political parties may nominate candidates, who are not party members, for membership in election commission.
In case of absence of proposals received from the side of political parties within the time limit specified by Maslikhat, which shall be not less than one month before establishment of the election commissions, Maslikhats shall elect election commission according to the proposal of other public associations and higher election commission.
It is worth mentioning that being an OSCE member, the Republic of Kazakhstan fulfils its obligations on conducting democratic elections.
The process of formation of election commissions adopted in Kazakhstan is even more democratic as it is provided for by the OSCE obligations. For instance, paragraph 4.1.of the List of Obligation “recognizes that the body responsible for organization of elections shall consist of professionals who are required to act in an objective manner”. That is, OSCE member states define ways for establishment of election bodies by themselves. In many European countries elections are organized and held by servants of executive bodies, including those of Ministry of Internal Affairs.
Membership in the election commissions may not be automatically granted to political parties only due to the fact that they are present on political arena. Item 7.6 of Copenhagen Document provides that “the state shall present required legal guarantees to political parties and organizations which would enable them to compete with one another basing on equality before the Law and authorities”.
The relevant legal guarantees are present in the Republic of Kazakhstan. Since the election commissions are elected by local representative bodies (Maslikhats), political parties have to compete for the mandates of Maslikhat deputies and try to be represented in the election commissions through Maslikhats.
The members of election commissions at all levels were elected countrywide in May-June 2004 as per the new procedure.
The April 2005 amendments to the Law “On elections in the Republic of Kazakhstan” provide that the total number of voters at any given polling station shall not exceed three thousand.
In this conjunction, the activities on clarification of the borders of coverage areas for existing polling stations and establishment of new ones were carried out in various regions of the country. Consequently 202 new polling stations were established.
9803 election commission operate countrywide, including 9583 divisional, 167- rayon election commissions and of Rayons in town, 37 town and 16 election commissions of oblasts and cities of Astana and Almaty.
56814 members (82.8 % of the total number of commission members) were elected as per recommendation of political parties, including:
         • Agrarian Party of Kazakhstan - 7516 (11,0%);
         • Civic Party of Kazakhstan - 7818 (11,4%);
         • Ak Zhol Democratic Party of Kazakhstan - 3020 (4,4 %);
         • Democratic Party of Kazakhstan - 185 (0,3 %);
         • Kazakhstan Social Democratic Party “Auyl” - 7775 (11,3 %);
         • Communist People’s Party of Kazakhstan - 144 (0,2 %).
         • Communist Party of Kazakhstan - 1312 (1,9 %);
         • Patriots Party of Kazakhstan - 4335 (6,3 %);
         • Ruhaniyat Party - 6312 (9,2 %);
         • Asar Republican Party - 8929 (13,0%);
         • Otan Republican Political Party - 9468 (13,8%).

Numbers of election commission members elected as per recommendation of public associations and as per higher election commissions equal to 2517 (3,7 %) and 9253 (13,5 %) respectively.
Data presented above show that all 11 political parties registered in the country are present in the membership of election commissions. As regards to the level of representation, it shall be increased by means of competition. In perspective the Central Election Commission may adopt the experience of countries such as UK, FRG, France, Kingdom of Netherlands, etc.
We believe that the Mission had no grounds to include information that “CEC decide to decline registration to six applicants who have not presented required documents in the afternoon of November 24, that is, within several hours before the end of official registration period at midnight” in the Report.
By the time of the meeting where this decision was taken, the Central Election Commission possessed information that none of the six applicants had submitted signature lists to the relevant election commissions. The applicants had not paid their election fees as well as had not presented their notes confirming submission of declarations on revenues, which is a pre-condition for registration.
In such circumstances there was no need for the CEC to wait till midnight to make a decision regarding those six applicants.
Another case was the situation with registration of U.A. Kaisarov. Unlike six abovementioned candidates, the authorized persons of Mr. Kaisarov conducted signature collection activities for his support and by October 24, 2005 the Central Election Commission received the protocols of the majority of territorial election commissions of the country. The number of original collected signatures for support of Mr. Kaisarov did not meet requirements of electoral legislation. The Presidential Candidate was not supported by a required number of voters representing not less than 1 percent of the total number of voters equally representing not less than two thirds of the oblasts and cities of Astana and Almaty. The Protocols of territorial election commissions kept on coming in and due to this it was decided to hold meeting of the Central Election Commission at 2330hrs on October 24, 2005. By the abovementioned time Protocols of 14 territorial election commissions were received except for Protocols of territorial
election commissions of Atyrau and Karaganda oblasts.
On the basis of presented protocols the Central Election Commission made a decision on rejection of registration as Presidential Candidate to U.A. Kaisarov. Reasonability of this decision was a subject of trial in the Supreme Court of the Republic of Kazakhstan initiated by U.A. Kaisarov. As per the decision of the Supreme Court dated November 10 , satisfaction of plaintiff’s claims presented by Mr Kaisarov was rejected and the Resolution of the Central Election Commission was recognized to be legitimate. It is stated in the Report that the Mission possessed credible information regarding the limits of freedom for self-expression and had data on facts of pressure from the local administration and law enforcement agencies on to the voters. The Central Election Commission would like to confirm that it is willing to consider these materials and make sure the persons initiating this are held liable in case such facts had indeed taken place.
The Central Election Commission intends to continue the activities on these and other provisions of the Report jointly with the OSCE/ODIHR Mission.
It is planned to establish the expert group under the Central Election Commission and involve the experts on law, political science, sociology for analysis of international law and further improvement of Kazakhstan electoral legislation.
The Central Election Commission intends to continue activities on holding competitive, fair and free elections in the Republic of Kazakhstan ensuring strict observance of requirements of Kazakhstan electoral legislation by all participants of election process.
The Republic of Kazakhstan has all required pre-conditions to make the upcoming elections the best in the history of independent Kazakhstan.
In the course of organization of preparation and holding of Kazakhstan Presidential Election Campaign, the Central Election Commission realizes the unique importance of this political event occurring once in seven years and understands increased interest to the elections from global community. In this conjunction the Commission shows maximum openness and responsiveness towards all participants of the election process and foreign partners of the country.
There are no obstacles or limits in activity of foreign partners. They are only to observe the provisions of Kazakhstan legislation and Code of Conduct of OSCE Election observers.
The Central Election Commission believes that Kazakhstan side shall also be entitled to reciprocity of openness, attention and friendliness from the side of our partners invited by us for observation of elections.