On approval of the regulations on observers from foreign states and international organizations participating in elections in the Republic of Uzbekistan (938-son)

19.09.2019

Resolution

of Central Election Commission of the Republic of Uzbekistan

In accordance with Articles 14 and 16 of the Election Code of the Republic of Uzbekistan, the Central Election Commission of the Republic of Uzbekistan decides as follows:

1. Approve the Regulations on Observers from Foreign States and International Organizations Participating in the Elections in the Republic of Uzbekistan, according to Annex No.1.

2. Repeal of certain acts of the Central Election Commission of the Republic of Uzbekistan under Annex No. 2.

3. Publish this Resolution on the official website of the Central Election Commission of the Republic of Uzbekistan.

4. Control over the implementation of this Resolution shall be assigned to the Deputy Chairperson of the Central Election Commission of the Republic of Uzbekistan — М. Istamov.

Chairman M. ABDUSALOMOV

Tashkent city,

September 19, 2019,

No. 938

ANNEX No. 1 to the Resolution No. 938 of the Central Election Commission of the Republic of Uzbekistan of September 19, 2019

Regulations

on Observers from Foreign States and International Organizations Participating in the Elections in the Republic of Uzbekistan

This Regulation is developed in accordance with Articles 8 and 33 of the Election Code of the Republic of Uzbekistan, as well as the generally recognized principles and norms of international law regarding the organization and conduct of elections, and defines the procedure for the activities of observers from foreign states and international organizations in the elections of the Republic of Uzbekistan.

I. General Provisions

1. The activities of observers from foreign states and international organizations (hereinafter referred to as foreign (international) observers) in the elections of the Republic of Uzbekistan shall be regulated by the international treaties of the Republic of Uzbekistan, the Election Code of the Republic of Uzbekistan and other legislative acts, decisions of the Central Election Commission of the Republic of Uzbekistan (hereinafter referred to as the CEC), and this Regulation.

2. Under the Election Code of the Republic of Uzbekistan, foreign (international) observers shall be entitled to participate in all activities for the preparation and holding of the elections.

II. Procedure for inviting and accrediting foreign (international) observers

3. Following the announcement of the start of the election campaign, the Central Election Commission shall issue invitations to foreign electoral bodies and international organizations through the Ministry of Foreign Affairs.

The Ministry of Foreign Affairs of the Republic of Uzbekistan shall invite foreign (international) observers to the elections on its own initiative or upon the suggestion of public authorities, ministries, departments, research institutes, and other organizations and institutions.

Foreign states and international organizations may also approach the Ministry of Foreign Affairs of the Republic of Uzbekistan expressing their wish to participate in the elections as foreign (international) observers.

4. Foreign states and international organizations invited to participate as foreign (international) observers in elections, as well as those who have expressed such a desire, shall submit to the Ministry of Foreign Affairs the list of their observers, copies of their identification documents, electronic photographs (on a white background, size 3x4 cm, in jpeg format, at least 100 KB, with a pixel density of 600 dpi), and completed questionnaires and declarations in accordance with Appendices 1 and 1a to this Regulation.

The submitter shall be personally responsible for the integrity (completeness) and accuracy of the information provided.

5. Foreign states and international organizations must submit the relevant documents no later than 10 (ten) days before voting day.

6. The Ministry of Foreign Affairs of the Republic of Uzbekistan shall make a submission to the CEC with the documents of observers from relevant foreign states and international organizations attached. The CEC within 5 (five) days shall adopt a Resolution on the accreditation of foreign (international) observers.

The list of accredited foreign (international) observers shall be published on the official website of the CEC.

7. Accreditation of foreign (international) observers may be denied in the following cases:

inconsistency of the documents submitted for accreditation with the requirements of these Regulations;

submission of documents after the deadline established by these Regulations;

contradiction of the activities of a foreign (international) observer or organizations that submitted their candidacy to the national legislation or a threat to the sovereignty, security, and national interests of the Republic of Uzbekistan.

8. The CEC shall grant a mandate to an accredited foreign (international) observer following the template set forth in Annex No. 2 to these Regulations.

The mandate shall serve as a basis for a foreign (international) observer to perform his/her activities during the preparation and holding of the elections.

81. The processes of accreditation for foreign (international) observers may be carried out through the "E-saylov" information system.

When mandates are issued to foreign (international) observers in electronic form through the "E-saylov" information system, the mandate shall be confirmed by the Chairman of the CEC with an electronic digital signature.

III. Powers and procedures for foreign (international) observers

9. Foreign (international) observers within their competence shall be entitled to the following:

attend meetings of the Election Commissions;

to participate in meetings dedicated to the nomination of candidates, and in meetings of candidates and political parties with voters;

be present at the Election Precinct, observe the preparatory work, the placement of booths or secret voting rooms and the sealing of ballot boxes, the registration of citizens, and the distribution of ballot papers;

observe the voting process on Election Day;

be informed about the place and time of early voting and observe this process;

observe the process of voting at the place of residence of a citizen with his/her consent, without violating the principle of secret voting;

be present during the vote count and the compilation of the Precinct Election Commission Protocol;

request and receive copies of the documents on the results of the voting verified by the corresponding Elections Commission;

observe the voting process accompanied by an interpreter who has been personally hired by the observer;

take photos and make video and audio recordings and not interfere with the work of the Election Commission and the voting process and not violate the secrecy of the vote (except in places of detention and imprisonment, military units, and medical institutions) ;

address the representatives of mass media according to the results of the observation;

wear badges that do not contain signs of campaigning, indicating their surname, first name and patronymic, and the name of the organization they represent;

to be present during the process of acceptance by the territorial, district, or city election commission, and by the constituency election commission for the elections to the regional Councils of Peopleʼs Deputies and the Tashkent City Council (hereinafter referred to as constituency election commissions), of the protocols on the results of vote counting received from precinct election commissions, as well as during the determination of election results within the respective territory (constituency);

notify, as provided for in the established procedure, the relevant Precinct Commission at least 3 (three) days prior to arrival at the Election Precincts formed in military units, places of detention and imprisonment;

report their observations to the members of the Precinct Commission without interfering with their work, as well as inform higher Election Commissions when there are reasons to believe that the requirements of national legislation and international election standards have been violated in the respective Election Precinct;

express their views on electoral legislation and the preparation and holding of the elections

Foreign (international) observers shall also enjoy other rights as prescribed by law.

10. The obligations of foreign (international) observers shall be as follows:

observe with respect for the Constitution, the laws of the Republic of Uzbekistan, including the rules of stay in Uzbekistan, the universally recognized standards and principles of international law on the organization and holding of the elections;

perform their duties in international election observation in line with the principles of impartiality and political neutrality, and refuse to express any preference for Election Commissions, public authorities, officials, and elections participants

present the mandate granted by the CEC, together with an identification document, when visiting Election Commissions of all levels, public authorities and administrations, and other organizations;

base their conclusions on observation and factual materials.

11. Foreign (international) observers shall be prohibited from the following:

be in the voting booth or secret voting room when a voter makes his or her marks on the ballot paper;

influence voters or distribute any campaign materials or literature;

ask voters how they voted or assist them in any way in marking their ballot;

interfere with the Election Commission activities, including the sealing of ballot boxes, their opening, and the vote-counting process;

wearing or carrying symbols of any party or candidate;

announce the results of public opinion polls, predictions of election results, and other elections-related research on elections day and the day before voting begins.

The participation of foreign (international) observers in events and processes not related to the preparation and holding of the elections shall be subject to prior coordination with the CEC.

12. The term of office of foreign (international) observers shall begin on the date of granting the mandate and end on the day of the official announcement of the results of the elections.

Should the CEC decide to hold a repeat vote or rerun elections, the mandate of the foreign (international) observers shall be extended for an appropriate period of time.

IV. Guarantees for the activities of foreign (international) observers

13. Foreign (international) observers shall be under the protection of the Republic of Uzbekistan during their stay in the Republic of Uzbekistan and they shall be guaranteed the rights and freedoms established by law.

14. The Ministry of Foreign Affairs, the CEC, regional, district, city, divisional, and precinct election commissions shall facilitate the activities of foreign (international) observers within the scope of their powers.

15. The Election Commissions, upon registration of a foreign (international) observer based on his/her mandate and identification document, shall create conditions for the full and free exercise of his/her powers.

16. Foreign (international) observers shall perform their activities independently.

V. Liability for violation of electoral legislation and the rights of foreign (international) observers

17. Foreign (international) observers shall not have the right to perform activities beyond the scope of powers defined by these Regulations, as well as to use their status in carrying out activities not related to the preparation, holding, and observation of the elections.

18. Should a foreign (international) observer violate the requirements of the legislation of the Republic of Uzbekistan, generally accepted rules and standards of international law, the CEC may prematurely terminate the powers of a foreign (international) observer.

19. Persons who have violated the rights of foreign (international) observers shall be held accountable under the established procedure.

VI. Final provisions

20. These Regulations have been agreed with the Ministry of Foreign Affairs of the Republic of Uzbekistan.

ANNEX Nо. 1 to the Regulations on Observers from Foreign States and International Organizations Participating in the Elections in the Republic of Uzbekistan

APPLICATION FORM for registration as a foreign (international) observer

АНКЕТА для аккредитации в качестве иностранного (международного) наблюдателя

1. Фамилия Family name Имя First name Отчество Patronymic 2. Дата рождения (день, месяц, год) Date of birth (day, month, year) Место рождения Place of birth 3. Гражданство Present nationality 4. Документ, удостоверяющий личность Identification document Номер Number Дата выдачи Date of issue Действителен до (день, месяц, год) Date of expiry (day, month, year) 5. Какими языками владеете? Knowledge of languages 6. Место работы (полное название, адрес, телефон, факс) Place of work (full name, address, phone, fax of the organization) 7. Занимаемая должность Position/Designation 8. Название страны (организации), рекомендовавшей вас в качестве иностранного (международного) наблюдателя Name of organization/state You represent as a foreign (international) observer Телефон (факс) Phone (fax) 9. Домашний адрес Present home address Телефон Phone Факс Fax E-mail 10. Опыт наблюдения за выборами, в том числе в Узбекистане (страна, год, миссия) Experience from election observation, including in Uzbekistan (country, year, mission) 11. Дата прибытия в Республику Узбекистан Date of arrival to the Republic of Uzbekistan 12. Дата отъезда из Республики Узбекистан Date of departure from the Republic of Uzbekistan 13. Дата заполнения анкеты Date Подпись Signature

ANNEX Nо. 2 to the Regulations on Observers from Foreign States and International Organizations Participating in the Elections in the Republic of Uzbekistan

SAMPLE AND DESCRIPTION OF THE MANDATE OF A FOREIGN (INTERNATIONAL) OBSERVER

The mandate of a foreign (international) observer is a document confirming his/her status.

The mandate shall be issued on a double-sided model form with details of the size 140x100 mm (in Uzbek and Russian or Uzbek and English languages) given in the sample.

National symbols of the Republic of Uzbekistan, the logo of the Central Election Commission, as well as various ornaments and colors, may be used in the design of the mandate.

The mandate shall include its serial number, surname, name of a foreign (international) observer, name of the country (for foreign observers) and (or) organization (for observers from international organizations) that sent him/her as a representative, and shall be certified by the signature of the Chairperson of the Central Election Commission and the round official stamp of the Commission.

ANNEX Nо. 2 to Resolution No. 938 of the Central Election Commission of the Republic of Uzbekistan of September 19, 2019

LIST OF REPEALED LEGAL ACTS OF THE CENTRAL ELECTION COMMISSION OF THE REPUBLIC OF UZBEKISTAN

1. Resolution No. 35 of October 9, 1999 of the Central Election Commission on Observers from Foreign States and International Organizations at the Elections of the President of the Republic of Uzbekistan and Deputies to the Oliy Majlis of the Republic of Uzbekistan.

2. Resolution No. 57/1 of the Central Election Commission of November 9, 1999, on Accreditation of Observers from Foreign States and International Organizations at the Elections of the President of the Republic of Uzbekistan and Deputies to the Oliy Majlis of the Republic of Uzbekistan.

3. Paragraph 1 of Resolution No. 198 of the Central Election Commission of September 18, 2004 on the Regulations and Instructions of the Central Election Commission for Conducting Elections to the Oliy Majlis of the Republic of Uzbekistan, and Annex No. 1 to this Resolution.

4. Paragraph 1 of Resolution No. 417 of the Central Election Commission of the Republic of Uzbekistan of September 17, 2009 on the Regulations and Legal Acts of the Central Election Commission on Elections to the Oliy Majlis of the Republic of Uzbekistan, as well as its Annex No. 1.

5. The sixth paragraph of clause 1 of Resolution No. 618 of the Central Election Commission of the Republic of Uzbekistan of September 11, 2014 “On Approval of Regulatory Legal Acts on Conducting Elections to the Oliy Majlis of the Republic of Uzbekistan” and its Annex No. 5.

6. Resolution of the Central Election Commission of the Republic of Uzbekistan No. 734 of September 15, 2016 “On Approval of Regulations on International and Foreign Observers Participating in the Elections to the Presidency of the Republic of Uzbekistan”.