Correct Answers to Possible Questions of "Opposing Forces" Written for Observers

13.12.2010 16:31
Архив Редакция

Niasvizh district executive committee issued a "Observer Memo," containing general requirements for the upcoming presidential elections in Belarus, as well as basic principles for the elections' conduct. In addition, the memo contains possible problem situations, described in the question-answer form for the "opposing forces."

This is the full memo, the text of which is posted on the site of Niasvizh district executive committee.

OBSERVER MEMO

GENERAL REQUIREMENTS

The main task is to hold the upcoming presidential election at a high organizational level and not to allow the forces, interested in destabilizing the society, any slightest reason to derail the electoral process or not to recognize the voting results.

Your personal challenge is to make every effort to ensure the polling station’s conflict-free atmosphere of friendliness, maximum convenience for voters, showing the necessary principles, though.

Basic principles of conduct:
   activity;
   communication skills;
   openness to dialogue;
   politeness;
   principles;
   lack of conflict;
   calm measured approach.

Important:
     to constitute opposing forces’ acts of violations on the part of observers;
     to make comments on the election commission work in writing;
     in case of an international observer’s presence,  to explain to him your position not only verbally, but to give the assessment of the elections in a written statement as well (if possible, prepare it in advance);
   if you noticed any violation from the observer of the opposing forces, which does not require his removal from the station, fix it, without attracting undue attention;
   not to leave the polling station unnecessarily; indicate (including the time) the presence of observers from the opposing forces, as well as international observers, on the section, fixing the exact time of their arrival and departure.

POSSIBLE PROBLEM SITUATION
 (FAQ) 
                                                                                                                      Question 1. A voter, unsure that it’s his polling station comes on election day. Seeing a long queue, he decides to come to one of the observers, asking to check him in the lists of voters. How should one act?
Answer: You should send the voter to the election officials, not interfering in his work. If the observer from the opposing forces assists the voter, you should fix the violation on his part.

Question 2. International observer arrives at a polling station, introduces himself, presentes documents, confirming his authority and status. Your actions?
Answer: You should take a proactive stance, give an objective assessment of the vote. You should be active, calm and reasoned in conversation. You should avoid negative assessments. It is recommended to be engaged in a friendly dialogue with a foreign observer: to learn what country he’s from, to say a few kind words about this state, to emphasize the need for the development of relations between our countries, or to approve the already established ties. Note the importance of the attention to our country, as well as to its political processes. We’ve always paid much attention to all the constructive comments and suggestions to promote democracy and civil society in our country.

Questions that may arise during the dialogue with the opposing observers:

1. How do you feel about the fact that the President of the Republic of Belarus Alexander Lukashenko is elected for a fourth presidential term?
     It is permitted by the Constitution of the Republic of Belarus (Article 81). Relevant amendments to the Basic Law were made at a national referendum of October 17, 2004. It’s not forbidden to run for presidency more than twice in some other countries (e.g. France).

               • It is important to know. A number of famous Western politicians have been in office more than two consecutive terms. Thus, one of the greatest U.S. President Franklin Delano Roosevelt was elected four times in a row (from 1932 to 1944), as well as the head of the Federal Government and Chancellor Helmut Kohl (from 1982 to 1998). Different practices are known in this regard in the world.

2. Why aren’t transparent ballot boxes used in Belarus for voting?
     Type of boxes is determined by the relevant documents of the CEC. In addition, the polling station is completed at the expense of the organization of its location. They are mostly the establishments of education, health and social sphere, lacking money to buy transparent ballot boxes massively.
     Openness and transparency of elections in Belarus are proved not by any formal external signs, such as transparent ballot boxes, but the principles of the election committee, in particular, and the work of domestic election observers, nominated not only by parties, public associations and labor unions, but the very citizens as well.
     There’s an absentee voting practice abroad (by mail, including e-mail), particularly, in some EU countries (e.g. UK). Many U.S. states allow voting through the appropriate electronic machines. Transparent ballot boxes are out of dicussian there at all. They don’t exist there. Nevertheless, the international community have no claims to these countries. Some European countries (e.g. Hungary, Sweden) use cardboard boxes. Why are double standards applied in Belarus then?

3. How do you feel about the proposal of Vladimir Niakliaeu to equip all polling stations with transparent ballot boxes?
     We see this as an element of election campaigning, aimed not at improving the electoral process in Belarus, but at his own self-promotion as one of the presidential candidates. This is how his suggestion should be evaluated.

4. Why does an early voting take place in Belarus? Doesn’t it affect the final results of the election?
     Early voting is a worldwide practice. It is used in many European countries (e.g. Germany, Sweden) and the United State. Thus, early voting at the midterm congressional elections began 45 days before the elections in the United State. 15% of Americans voted early at the presidential elections in the United States eight years ago, 20% — 4 years ago, and about a quarter of all voters participated in the early mid-term elections in 2006.

5. How do you assess the electoral legislation in the Republic of Belarus? Do you feel any change for the better?
     The work takes place in a normal environment. Legislation is not worse than in other European countries. You can feel it either in the attitude of the election commission, or in the mood of voters, or the activity of your fellow observers.

               • It is important to know. The following facts testify of the positive changes in electoral law and its application. Elections to local councils of deputies, passed this year, welcomed 513 candidates from political parties, which is three times more than in 2007. All in all, 12 political parties were involved in these elections instead of 7 in 2007. 306 representatives of political parties became deputies, thus making 1.5% of their total number. Even greater activity by the political parties are shown at the current presidential election. So, if 7.5 thousand representatives of political parties and associations (about 10% of total) were included in the composition of electoral commissions in 2006, there were 29.6 million (42%) in 2010,thus having increased in 4 times. 122 representatives of political parties were included in previous elections’ commissions, with 1.760 representatives now (14.5 times greater), of which 183 representatives belong to the opposition.

               • Independent observers, chosen by collecting signatures, can asked the following questions: «Whom exactly do you represent? Can you speak on behalf of all people?» Answer: All matters, relating to elections, were discussed when I was chosen by the locals as an observer. I received a mandate to monitor the application of the electoral legislation.

Question 3. The observer of the opposing forces persistently comes in touch with you, invites for a drink and a frank conversation.
Answer:  A constructive dialogue should be maintained. One should keep to the subject of conversation, without making sharp remarks. However, specific topics must be avoided. Warning: Any information may be used to discredit you personally and the electoral process in general.

Question 4. An observer with video camera comes at the polling station on the voting day and starts shooting everything that happens on the site. At the request of the chairman of the commission to remove the camera, he says that thus he can easily prove all the violations, if there are any. The Chairman insists on the removal of the camera. What are the actions of the constructive forces’ observers?
Answer: In principle, such actions do not violate applicable laws. However, they can be interpreted as pressure on both the election officials and voters on the election day. In addition, if the observer represents one of the candidates for President, his actions could be interpreted as the unsanctioned campaigning on the election day. This behavior (based on the situation) can be treated as a violation that may result in the removal of an observer from the polling station.

Question 5. The observer of the opposing forces is in open conflict with the Election Commission, making protocols and unreasonable demands, shouting. Your actions?
Answer: One should take a proactive stance. Reprove the observer. Specify, referring to the election law, that such actions are unacceptable. In case of aggravation of the conflict, speak as loud as your opponent does. Your task is to avoid discrediting the electoral process, to ensure conflict-free environment at the polling station. Therefore, it’s better to let both of you get removed from the site than the opposing observer achieve the elections’ disrupt in the area.

               • It is important to know. Interference of the persons, mentioned in Part 3. Article 13 of the Electoral Code (national observers, foreign (international) observers, the House of Representatives, members of the Council of the Republic, deputies of local councils (in its administrative and territorial unit), agents of the presidential candidates, media representatives, members of election commissions and electors) into the work of the commission may cause their removal from the meetings and from the voting premises on the authority of the Chairman of the commission.

Question 6. Local and international observers begin to share their own observations of the election campaign in voice at one of the polling stations. Chairman of the commission comes to them and asks to end up the discussion, as background noise distracts the committee members. Your actions?
Answer: Without involvement of the chairman of Electoral Commission, you should approach the interlocutors and ask them in the correct form to step aside and not to disturb the working process.You should also declare an international observer that you have objective information about the election as well.

Question 7. The observer of the opposing forces assists the persons, conducting surveys of voters at the exit from the station (so-called exit polls). What should you do?
Answer: These actions can be treated either as campaigning on the election day, since the answers could be heard by other voters, just come to vote, or as violation of the observer’s authority, as well as the creation of the conditions, impeding normal operation of the committee. A remark should be made to both observers and persons, conducting a survey; the violation should be fixed and, if necessary, the question of removing the opposing forces’ observer from the station should be raised.

Question 8. A foreign observer, arrived at the station, takes the observer of the opposing forces aside and talks to him face to face. Your actions?
Answer: That’s his right: to conduct a survey of local observers in private, without interference from outside. But you must invite an international observer into a confidential conversation with you as well, so that you could articulate your vision of the elections on the polling station.

Question 9. One of the presidential candidates arrives at the polling station and asks to give him the opportunity to observe the elections. Your actions?
Answer: Under law, he is entitled to attend the polling station during the counting process. However, he should not be let to talk to voters and, especially, to tamper with the electoral commission’s work. To avoid conflict, the chairman of the committee may inform a presidential candidate on the ballot, but explain that his long stay at the site is regarded as a violation of the law.

Question 10. A deputy of local councils, but not out of the administrative-territorial unit, arrives at a polling station and asks for the opportunity to observe the elections. Your actions?
Answer: If he is not a representative of one of the presidential candidates, he should be asked to leave the polling station because, in accordance with the law, only deputies of local councils at the given administrative-territorial unit can observe the elections.

Question 11. There is a problem situation at the polling station on the voting day. Chairman of the Commission appeals to the observer to help resolve the situation in accordance with all applicable laws. What should you do?
Answer: Under law, the observer has no right to interfere in the work of election commissions, as well as giving them advice, if not requested so. If members of the election commission ask for help, the observer has the right to express his point of view.

Question 12. A diplomat (or a representative of a party or a public association) arrives at a polling station and asks for permission to monitor the elections. Your actions?
Answer: They have a right to be present at the polling station only if they have relevant documents. The foreign observer should be accredited by the CEC, a representative for the party (Public Association) should have a protocol for observers from political parties (public associations) or an extract from the minutes of the governing body of a political party (public associations), the primary organization of the meeting. If such documents are missing, neither a diplomat nor a representative of a party (Public Association) can participate in the observation then.

Question 13. After closing the polling station, the committee members open the ballot boxes and begin to count votes. In this case, the chairman insists on observers not to approach the table to count the votes closer than 3 feet. How should you behave?
Answer: When counting the votes at the polling station, observers should be given a real opportunity to watch the very procedures for counting ballots. Therefore, you may get closer, however, it should be mentioned if this distance provides visibility to eliminate possible conflict with observers of opposing forces.

Question 14. The opposing forces’ observer demands the Election Commission to make a protocol copy of the voting results.
Answer: The observer may make a protocol copy of the electoral commission, but without outside help.

Question 15. The observer of the opposing forces or an international observer demands to take him into the car for delivery of ballots and protocol of the precinct commission to the territorial election commission after the voting.
Answer: The decision is made by the chairman of the electoral commission. But in this case, you must also insist on having an opportunity to accompany the delivery of ballots.

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