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There are unclear regulations that require to be revised in order to improve the electoral legislation, ENEMO


https://www.ipn.md/index.php/en/there-are-unclear-regulations-that-require-to-be-revised-8011_1082726.html

The European Network of Election Monitoring Organizations (ENEMO) considers that the current electoral legislation of the Republic of Moldova contains the main conditions necessary for the organization of competitive parliamentary elections. However, there are a number of insufficient and unclear regulations that require to be addressed in order to eliminate interpretations and improve electoral legislation. For the most part, the electoral administration managed and administered the activities within the established deadlines and acted transparently, although some CEC decisions raised questions during the process regarding the impartiality of some of its members. The conclusions are contained in the Interim Report of the International Mission for the Observation of Parliamentary Elections in Moldova, presented by ENEMO at the press conference organized at IPN.

According to the Head of the International Mission for the Observation of Early Parliamentary Elections in Moldova, Zlatko Vujovic, on June 1, 2021, ENEMO officially deployed an international mission for the observation of early parliamentary elections in Moldova organized on July 11, 2021. To date, ENEMO accredited 7 experts who are part of the core team, as well as long-term observers who will observe the elections in 5 separate teams. On the election day, ENEMO will monitor the opening of polling stations, the voting process and the counting of votes. For ENEMO, this is the 5th election observation mission in Moldova. As of June 25, ENEMO has been engaged in 408 meetings, of which 132 with CEC structures, 31 with media entities and 82 with civil society and electoral organizations, 12 with other stakeholders. The election monitoring mission observed a total of 20 election campaign activities.

Elene Nizharadze, Deputy Head of the Mission, considers that the existing legal framework is in conformity with international standards and can ensure the conduct of democratic elections if properly implemented. However, election related regulations remain to be substantially revised to address the ambiguous and insufficient legal norms, and improve the regulations concerning election dispute resolution, misuse of administrative resources, oversight of campaign finance and other issues. The adoption of regulations on the conduct of elections in the context of COVID-19 was a positive step, though the regulation was adopted with some delays after the campaign started. At the same time, the regulation establishes a different approach towards voters having COVID-19 symptoms depending on the time they render themselves at the polling stations, if they are voting abroad and reside on the left bank of Dniester. Unequal treatment of voters is not justified. Also, its regulations contradict the Electoral Code which has not been addressed by the Central Election Commission (CEC).

According to Ms. Nizharadze, the initially slow pace of the campaign has increased, with billboards visible in the first days after the official registration of most contestants, campaigning on social media, door-to-door activities, as well as small meetings and small-scale rallies. However, ENEMO observers reported indifference to COVID-19 measures at these meetings, including participants not wearing masks and not respecting distancing rules. The disregard of political parties and candidates for the health of voters involved in these events is a reason for concern, as is the lack of enforcement of these measures by State Police authorities. In the framework of the campaign, intolerant, hateful or discriminatory messages were often observed in contestant’s speeches. In order to fight incitement to hatred and moderate the tone of the campaign, the CEC proposed a Code of Conduct to be signed by electoral contestants and the mass media. Regrettably, only two political parties have signed this document at the moment of publication of this report.

The electoral expert Elidon Lamani, has pointed out that the Government has allocated from its reserve fund only 56 percent of the expenditures requested by the CEC for the conduct of these elections. Although public promises have been made by the Government to increase funds for the CEC, as well as by the CEC to revise and reduce the estimated expenditures, as of 25 June, no official decisions have been adopted. ENEMO expresses its concern on the impact that insufficient funding might have on the proper conduct of the electoral process, and considers that all the necessary measures should be taken to address this matter in time. The CEC activity during the monitored period can be assessed in total as being transparent. Several interlocutors of the Mission expressed concerns about the opening of the 150 polling stations for the diaspora (a decision that was taken without respecting the provisions of the Electoral Code). The decision, in their view, would be politically motivated.

Maja Milikic, media analyst underlined that the media environment in Moldova is diverse and polarized, with a lack of editorial independence and capacity to provide balanced coverage due to high concentration of ownership over domestic broadcasting television stations, controlled by individuals affiliated with political parties. While broadcast media remain the primary source of political information, and at the same time the most influential, online media, including social media, have shown an increase in use by politicians as a platform to communicate their message to the electorate. The lack of specific regulation on online and social media raises concerns about dissemination of false information to numbers of targeted recipients and therefore influences the formation of political opinion.

ENEMO’s international observation mission for the 11 July 2021 Early Parliamentary Elections in Moldova is financially supported by the Delegation of the European Union, the Kingdom of the Netherlands and the National Democratic Institute. The content of the document is the sole responsibility of ENEMO and does not necessarily represent the position of the donors.