On approval of the regulation on observers participating in the referendum of the Republic of Uzbekistan from foreign states and international organizations (1177-son)

13.07.2022

Resolution

of the Central election Commission of the Republic of Uzbekistan

In accordance with Article 18 of the Law On the Referendum of the Republic of Uzbekistan and Article 16 of the Election Code of the Republic of Uzbekistan, the Central Election Commission of the Republic of Uzbekistan decides:

1. To approve the Regulation on observers participating in the referendum of the Republic of Uzbekistan from foreign states and international organizations, according to the annex.

2. To consider invalid the Resolution of the Central Election Commission of the Republic of Uzbekistan No. 150 dated December 27, 2001 On the Regulation on observers of foreign States and international organizations participating in the referendum of the Republic of Uzbekistan.

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

4. To assign the control over execution of this Resolution to the Deputy Chairman of the Central Election Commission of the Republic of Uzbekistan B. Kuchkarov.

Chairman Z. NIZAMKHODJAEV

Tashkent city,

July 13, 2022,

No. 1177

ANNEX to the Resolution of the Central Election Commission of the Republic of Uzbekistan dated July 13, 2022 No. 1177

Regulation

on observers participating in the referendum of the Republic of Uzbekistan from foreign States and international organizations

This regulation has been developed in accordance with articles 8 and 9 of the Law of the Republic of Uzbekistan On the Referendum of the Republic of Uzbekistan, as well as the generally recognized rules of international law in the field of organizing and holding referendums and defines the procedure for the activities of observers from foreign states and international organizations at the referendum of the Republic of Uzbekistan (hereinafter — the referendum).

Chapter I. General Provisions

1. The activities of observers from foreign states and international organizations (hereinafter referred to as foreign (international) observers) are regulated by the Law On the Referendum of the Republic of Uzbekistan, Resolutions of the Central Election Commission of the Republic of Uzbekistan (hereinafter referred to as the CEC) and this Regulation, as well as generally recognized international standards and documents of international organizations to which the Republic of Uzbekistan is accessed.

2. In accordance with the Law On the Referendum of the Republic of Uzbekistan, foreign (international) observers shall have the right to participate in all activities for the preparation and holding of a referendum.

Chapter II. Procedure for Inviting and Accrediting Foreign (International) Observers

3. After the announcement of the decision to hold a referendum, the CEC shall send invitations to the election bodies of foreign states and international organizations through the Ministry of Foreign Affairs of the Republic of Uzbekistan.

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

Foreign states and international organizations may also apply to the Ministry of Foreign Affairs of the Republic of Uzbekistan stating willingness to participate in the referendum as foreign (international) observers.

4. Foreign states, international organizations invited to participate in the referendum as foreign (international) observers, as well as those which stated their willingness to participate, shall submit to the Ministry of Foreign Affairs of the Republic of Uzbekistan a list of their observers, copies of identity documents, electronic photographs (in jpeg format, at least 100 kb, 600x600px) and questionnaires in accordance with Annex 1 to this Regulation.

5. Foreign states and international organizations must submit the relevant documents at least ten days before the voting day.

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

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:

documents submitted for accreditation do not meet the requirements of this Regulation;

documents are submitted later than the deadline specified in this Regulation;

activities of a foreign (international) observer or the organization nominating his/her candidate contradict the national legislation or endanger the sovereignty, security and national interests of the Republic of Uzbekistan.

8. The CEC shall issue a mandate to an accredited foreign (international) observer in accordance with the sample set out in Annex 2 to this Regulation.

The mandate shall be the basis for a foreign (international) observer to carry out his/her activities during the preparation and holding the referendum.

Chapter III. Powers of Foreign (International) Observers and Procedure on their Activities

9. Foreign (international) observers shall have the following rights within their authority:

to attend at the meetings of the Referendum Commissions;

to be present at the referendum site, monitoring the progress of preparatory work, placement of booths or rooms for secret voting and sealing of voting boxes, registration of citizens, issuance of voting ballots to them;

observation of the voting process on the voting day;

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

to monitor of the voting process of a citizen at the location with his permission, without violating the principle of secret voting;

to be present at the counting of votes and drawing up the protocol on the results of voting by the Precinct Referendum Commission;

to request and receive copies of the documents on the voting results approved by the relevant Referendum Commission;

to be accompanied during the observation by an interpreter he/she has hired;

to make photographs, videos, and audio recordings without interfering with the activities of Referendum Commissions and the voting process and without violating the secrecy of voting (except for places of detention and imprisonment, military units, and medical institutions);

to contact representatives of mass media on the results of observation;

to wear badges without election signs, indicating his/her last name, first name and patronymic, and the name of the organization he/she represents;

to be present in the process of receiving reports on the results of counting votes from precinct commissions by the district commission holding the referendum and determining the results of voting by district;

to notify the relevant Precinct Commission at least three days in advance about his/her visit to Referendum Precincts set up in military units, places of detention, and imprisonment in accordance with the established procedure;

if there are grounds to believe that the requirements of the national legislation and international norms related to the referendum have been violated in the Referendum Precinct, to inform the members of the Precinct Commission about his/her observations without interfering in their work;

to express his/her opinion on the legislation on the referendum and on the preparation and holding the referendum.

Foreign (international) observers shall enjoy other rights in accordance with the legislation.

10. Obligations of foreign (international) observers:

to comply with the Constitution and the Laws of the Republic of Uzbekistan, including the rules of stay in Uzbekistan, generally recognized norms and principles of international law on the organization and holding the referendum;

to carry out his/her duties of international observation of the referendum in accordance with the principles of impartiality, and political neutrality, and to refrain in any way from giving preference to Referendum Commissions, state bodies, officials, and participants in the referendum;

to indicate the mandate issued by the CEC together with an identity document when entering referendum commissions of all levels, state authorities and governance bodies, and other organizations;

to substantiate their conclusions with observations and factual materials.

11. Foreign (international) observers shall be prohibited:

to be in a secret ballot box or room when a voter puts his mark on the ballot paper;

to influence voters, disseminate any campaign material or literature;

to ask voters how they voted or to provide any assistance to voters in marking the ballot;

to interfere in the activities of the Precinct Commission, including the process of sealing and opening ballot boxes, and counting votes;

to publish the results of public opinion polls, forecasts of referendum results, and other researches related to the ongoing referendum on the day of the referendum and the day before the start of voting.

The participation of foreign (international) observers in activities not related to the preparation and holding the referendum shall be carried out with the prior agreement by the CEC.

12. The term of powers of foreign (international) observers shall begin on the day they are given a mandate and end on the day of the official announcement of the referendum results.

IV. Guarantees of Activity of Foreign (International) Observers

13. During their stay in the territory of the Republic of Uzbekistan, foreign (international) observers shall be under the protection of the Republic of Uzbekistan and their rights and freedoms established by the legislation shall be ensured.

14. The Ministry of Foreign Affairs of the Republic of Uzbekistan, the CEC, District, and Precinct Commissions shall, within their competence, assist the activities of foreign (international) observers.

15. After registration of a foreign (international) observer on the basis of his/her mandate and identity document, election commissions shall create conditions for him/her to exercise his/her powers fully and without obstacles.

16. Foreign (international) observers shall carry out their activities independently.

V. Liability for Violation of the Legislation on the Referendum and the Rights of Foreign (International) Observers

17. Foreign (international) observers shall not have the right to carry out activities that go beyond the scope of their powers established by this Regulation, as well as to use their status in activities not related to the preparation, holding, and observation of the referendum campaign.

18. If a foreign (international) observer violates the requirements of the legislation of the Republic of Uzbekistan, universally recognized rules and norms of international law, the CEC may terminate the powers of a foreign (international) observer ahead of schedule.

19. Persons who violated the rights of foreign (international) observers shall be liable in accordance with the established procedure.

ANNEX 1 Regulation on Observers from Foreign States and International Organizations Participating in the Referendum of the Republic of Uzbekistan

APPLICATION FORM

for registration as a foreign (international) observer

1. Фамилияси Family name Исми First name Отасининг исми Patronymic 2. Туғилган санаси (кун, ой, йил) Date of birth (day, month, year) Туғилган жойи Place of birth 3. Фуқаролиги Present nationality 4. Шахсини тасдиқловчи ҳужжат Identification document Рақами Number Берилган вакти Date of issue Қачонгача ҳақиқий (кун, ой, йил) Date of expiry (day, month, year) 5. Қайси тилларда сўзлашади Knowledge of languages 6. Иш жойи (тўлиқ номланиши, манзили, телефон, факс) Place of work (full name, address, phone, fax of the organization) 7. Лавозими Position/Designation 8. Сизни хорижий (халкаро) кузатувчи сифатида тавсия этган мамлакат (ташкилот) номи Name of organization/state You represent as foreign (international) observer Телефон (факс) Phone (fax) 9. Уй манзили Present home address Телефон Phone Факс Fax E-mail 10. Хорижий (халқаро) кузатувчилик тажрибаси, шу жумладан Ўзбекистонда (мамлакат, йил, қайси миссия таркибида) Experience from election observation, including in Uzbekistan (country, year, mission) 11. Ўзбекистон Республикасига келиш санаси Date of arrival to the Republic of Uzbekistan 12. Ўзбекистон Республикасидан кетиш санаси Date of departure from the Republic of Uzbekistan 13. Сана Date Имзо Signature

ANNEX 2 Regulation on Observers from Foreign States and International Organizations Participating in the Referendum of the Republic of Uzbekistan

EXAMPLE AND DESCRIPTION

OF THE MANDATE OF A FOREIGN (INTERNATIONAL) OBSERVER

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

The mandate shall be issued on a two-sided (in Uzbek and Russian or vice versus) sample form (140 x 100 mm).

State symbols of the Republic of Uzbekistan, the logo of the Central Election Commission, as well as various decorations and colors, can be used in the preparation of the mandate.

The mandate specifies the serial number, family name, and first name of the foreign (international) observer, the name of the country that appointed him/her as a representative (for observers of foreign countries), and (or) the name of the organization (for observers of international organizations), and it is signed by the chairman of the Central Election Commission and confirmed by the round seal with the emblem of the commission. Based on technical capabilities, the mandate can be confirmed by QR code.