Reports On Presidential Elections

We, the international observers representing state and non-governmental organizations from various European states and international organizations, have joined efforts to carry out international monitoring mission over presidential elections in the Nagorno Karabakh Republic (NKR), which took place on July 19, 2007. The main task of the mission is to inform international public opinion about the real situation in the NKR in terms of democratic reforms as well as to assist appropriate structures, which organize elections, in bringing the election in conformity with the best international practice.
In our work we were guided by principles of objectivity, transparency, justice and impartiality, fixed in the 2005 UN Code of behavior of the international observers, Recommendations of the Venetian commission of the Council of Europe as well as in other is international legal acts. While preparing the international mission, valuating the needs, defining the number and composition of the participants, as well as the time limits of our stay in the NKR, we counted upon the following:
• Nagorno Karabakh Republic electoral legislation provides sufficient guarantees to electoral rights of its citizens that corresponds to international principles on participation in free and transparent elections;
• Existence and active functioning of a spectrum of public and political organizations, as well as a guaranteed possibility for international observers to stay in the republic in the election period. These factors secure effective public and impartial international supervision over the elections;
Before and during the voting day international observers visited more than 20 percent the poling stations in the republic. The observers put down their notes and remarks in personalized polling forms.
The observers underline a high level of preparedness of the entire electoral system in the NKR in carrying out the elections and safeguarding suffrages of the citizens.
Within its official competence the NKR Central Electoral Commission has prepared a complete set of documentation promoting transparency of the elections. However, observers would like to recommend create the voter’s corner in poling stations where one can find information materials and documents regulating the election process. At the same time state symbols were lacking in some poling station in the countryside.
It is worth mentioning that neither international nor national observers were addressed a single appeal concerning impossibility to realize the suffrage due to the absence of data about the candidates. In accordance with the national legislation citizens who on the moment were 18 and above years old have taken part in the elections at the exception of those recognized incapable and imprisoned by the decision of the court or in correspondence with the internationally recognized practice of general suffrage.
All the poling stations were opened in straight accordance with the Electoral Code of the Nagorno Karabakh Republic 8.00 AM. There was not a single poling station where for any reason voting did not take place.
According to the principle of free elections voters were provided an opportunity to take part in the voting or refrain from it without any violence or threats of its application, as well as other illegal activities that entail punishment, influence, and compulsion.
Elections were carried out on an alternative basis. There were five candidates in the bulletin.
In the sites visited by the international observers they have registered no facts of intervention in work of the electoral commissions by administrative or law enforcement organs.
Not a single observer was denied the right to get information about the voting process.
The international observers have not revealed any facts of pressures or intimidations exercised upon voters.
Voting procedures were carried out in complete accordance with the Electoral Code of the Nagorno Karabakh Republic.
The general remark which was noted by all observers concerns the fact that the poling stations were not equipped by auxiliary devices for the disable. This is why upon the request of people unable to go up by stairs of polling stations electoral commissions put portable voting boxes right to the porch of the station. This practice fully corresponds to the national legislation.
National observers were present at all the monitored polling stations. This provided transparency and publicity of electoral process and increased public toward the results received result, not looking that authorized representatives from all candidates were present not on each site, despite the fact that trusted representatives were not present at all the stations.
The pointed out remarks and violations on a whole do not influence in any way the expression of free will by NKR’s citizens and allow recognizing the results of the July 19 presidential elections.
On the basis of the carried out monitoring the international came to a common conclusion that the July 19 presidential elections in the Nagorno Karabakh Republic correspond to the national legislation, internationally recognized norms
This very estimation is based on the following conclusions:
1. Constitution, Electoral Code, and other laws and legislative acts of the NKR regulating the election procedures guarantee political rights to partake in state governance in accordance with internationally recognized democratic standards.
2. In organizing and carrying out the elections the principle of just elections that guarantee free expression and realization of the voter’s will was fully observed. The constituency had a real and lawful possibility to elect candidates.
3. During the voting the principles of free and fair elections guarantying general and equal suffrage were observed.
We realized that citizens were provided a sufficient degree of opportunity to take part in the voting or refrain from it without any violence or threats of its application, as well as other illegal activities that entail punishment, influence, and compulsion.
Every voter had a right of an unimpeded access to a polling station as to realize his/her right to free voting. NKR’s legislation provides an effective protection of its citizens suffrage.
4. During voting no infringement of the international principles related to elections, including principles of general, equal, direct suffrage has not been revealed.
All citizens of the Nagorno Karabakh Republic possessing an active suffrage irrespective of social and national affiliation had a possibility to vote.
No facts of discrimination on the basis of race, nationality, gender, language, origin, place of residence, faith, political and public affiliation have been recorded.
The voters partake in voting directly and in personal capacity, voting for other individuals was prohibited.
Voting took place in specially equipped polling cabins.
5. The principle of openness and publicity of elections is sufficiently realized. Information, including the official one, was accessible to all interested individuals.
The NKR Central Electoral Commission registered all international observers who expressed desire to carry out election monitoring. Their status and responsibilities were safeguarded in accordance with appropriate international documents.
The principle of openness and publicity of elections did not extend on secrecy of the voter’s will.
6. Independent electoral bodies fully realized the principle carrying out elections. Organization of the presidential elections and protection of the rights of voters on the whole territory of the republic NKR were carried out by electoral commissions at the head of the Central Electoral Commission that operate independently and within the scope of their responsibilities. No facts of influence by state an local self-government organs on their activity have been registered. Neither there have been revealed any facts of full or partial substitution, hindrance or interference into the responsibilities of electoral commissions by any structures, bodies, and organizations.

This document is open for signing by everyone who shares our estimations and conclusions.

Representatives of international observer groups:
Secretary general of Inter Parliamentary Assembly "For Democracy and Rights of Peoples" Grigory Marakutsia,
chairman of the Central Electoral Commission of the Transdniestrial Republic Petr Denisenko;
Coordinator of NGO network "Trans European Dialogue" Marina Klebanovich;
Russian Federation State Duma deputy Konstantin Zatulin;
Chairwoman of the All-Russian public organization "Female dialogue" Elena Semerikova;
Vice-speaker of the South Ossetian parliament Yury Dzitstsojty;
State adviser to the president of South Ossetia Alan Elbakiev;
Officer of European Parliament Martin Fridrich;
Chairman of Donetsk city council S.V.Bokachev;
Chairman of standing committee on inter-regional and international affairs of the Abkhazian parliament G.D.Gumba;
President of the Serbian Diaspora Movement "SEDEP" Mila Nikolich
and others.

1. Our observatory unit:
Jana Hradilkova- (represents citizen sector, works for NGO dealing with supporting civilians in post-conflicts zones to improve their lives and promoting education of inter-cultural dialog in society, peace activist)
Štepan Cernoušek- (journalist, officer in Ministry of Social issues. December, 2004 he was observing presidential elections in the Ukraine, OSCE mission).
2. Our places of observation.
July 18: We were visiting place in Stepanakert and Vank, talking to people engaged in campaigns and pre-election preparations.
July 19: We visited six electoral places in three regions, Stepanakert, Shoushi, Askeran region, Martouni region (three bigger places in cities, other village places).
We have talked to journalists, members of commission, voters, other observers.
3. Evaluation of our observation, experiences, comments:
We were absolutely free in our decision where to go, what to observe and we were provided with all the necessary instruments for that (car, papers, etc.). We could start at the opening of the electoral place (Stepanakert, 7/2 – 7.30 a.m.) and then also after its closing and making summaries of votes.
Everything went very smooth – obviously all election officers are skilled and confident of their duties and responsibilities. Any confusement, any obstacles, peaceful atmosphere, any tensions or press.
-Comparing the practices and protocol of elections in CR and NK: The cabin for filling ballots is free of the barrier (curtain) in NK.
-There are envelopes for ballots in CR, not in NK.
-At some places there was not enough light in the cabin.
- Advising to elder people in NK.-Not practice in CR, but understandable.
-Conclusions and comments gathered after discussions with people engaged in electoral process.
Talking about pre-election campaign - people told us that some candidates arrived to local public houses and held public debates, there was also a TV campaign, so that they had enough possibilities to know about candidates’ backgrounds, but mainly they have decided according to the “active credit” of the candidate they voted for (i.e. it was clear that more than words acts were appreciated and valued).
All the people told us about the commonly accepted symbolical meaning of elections – for them it is most important that elections are the confirmation of the life in peace and stabilization of badly damaged country.
4. Conclusions and recommendations:

It is very obvious that in comparison with two opposite extremes of societies (of our experiences) – Chechnyan and Czech (European) - the NK society seems to be much integrated in its goals and life practices. It is a community of people which wants to live normally and is well aware of its limits and chances.There are no inner tension, there is no political pluralism, which would cause artificial conflicts between power structures. What happens on an official level is in balance with the state of society.
Recommendation: Supporting citizen activities through NGO sector, which opens “new” and international topics and which would also support the healthy, constructive opposition.

Jana Hradilkova
Štepan Cernoušek

Report of the Independent American Monitoring
Delegation to the July 19, 2007
Nagorno-Karabakh Presidential Elections

Summary

The Nagorno-Karabakh Presidential election held on July 19, 2007 was the best organized and most trouble-free of the three elections which the Public International Law and Policy Group (PILPG) has monitored there. It reflected steady progress in building democratic institutions and developing the practice of participation in the political process. The commitment of the authorities, the candidates and the voters toward continued Improvement of the voting environment has brought demonstrable results.

This was the first election after last year’s referendum which adopted the new Constitution. The electoral law was recently further amended to fine-tune the rules and procedures, taking into account recommendations from international organizations including PILPG.

Voters had ready access to the programs and views of the candidates and the opportunities to hear and see them directly on radio and TV and during rallies organized throughout the country. There were complaints or reports of intimidation during the campaign and they were handled by the Central Election Commission in accordance of the election law.

The six-person PILPG delegation visited 47 polling sites throughout Nagorno Karabakh. It also met with four presidential candidates, the current President, the Foreign Minister, the Speaker of the Parliament, other governmental officials, and on several occasions with the Central Election Commission. No significant irregularities were observed and the delegation concluded that the elections were conducted freely and in a transparent way according to both the laws of Nagorno-Karabakh and international standards.

PILPG considers international election observing to be an important instrument for promoting political development. Fielding observer delegations contributes to fairness of elections and supports nascent democratic institutions and practice at the time most needed. Methodological coherence in evaluation elections commensurate to the historic and political environment promotes public confidence and encourages further participation in political activities.

The delegation evaluated both the political and the technical aspect of the elections including laws and procedures and their implementation.

The Election Environment

The July 19, 2007 Presidential Election was the fourth held since the 1991 referendum on independence and the establishment of the Nagorno-Karabakh Republic. Since the presidential system was adopted in December 1994, the election of the President of the Republic is the most important political event determining basic orientation of governance and especially defense, security and foreign policy. Along with regular parliamentary and local elections these events appear to reflect the consensus in this small tightly-knit community to preserve their independence and secure international recognition of the de facto status they have enjoyed for the past sixteen years through support of democratic institutions and continuous improvement of procedures. Internal political stability therefore remains the concern of all citizens, groups and parties. However, continuation of the status quo does not seem to influence determination to both maintain national unity and project in the world and at the same time engage in debating major issues facing the society and different ways to achieve their goals, although often in muted way.

One unusual feature of the election was the decision of major political parties represented in the parliament, including parties considered part of the opposition, to unite in support of one “consensus” candidate for President. These parties explained it as intended to avoid potentially divisive political conflicts at a time when Nagorno-Karabakh is still in an unresolved international crisis situation. They also pointed out that they retain their freedom of action in the parliament after the election.

The persuasiveness of the security concerns motivating the major parties to support a consensus candidate is understandable. PILPG also shares the view expressed by most political observers in Nagorno-Karabakh, including those critical of the “consensus” decision, that the democratic process in Nagorno-Karabakh is generally developing in a positive fashion and that this Presidential election offered more choice between candidates than did previous Presidential elections in Nagorno-Karabakh. The PILPG delegation also notes that international organizations and individual democratic states have refused to provide assistance in democracy building and election monitoring despite repeated requests by the Nagorno-Karabakh authorities. Nevertheless, PILPG delegation believes that democracy in Nagorno-Karabakh would be the served by not continuing this “consensus” approach by political parties in future elections, as it could undermine the climate and institutions of democracy and tend to deprive the people of Nagorno-Karabakh of their democratic right to choose among alternative visions of the country’s future development. A number of political leaders agreed with this assessment and pointed out that this was a necessary but temporary approach and said that Nagorno-Karabakh’s future lay in the development of a true multi-party system.

The official campaign started on June 20th and ended on July 17th. The pre-election campaign atmosphere was calm and few incidents were reported. As in previous campaigns there were relatively few visible signs in the streets except for occasional posters.

During the campaign allegations appeared of improper political involvement by police and security organs, including intimidation of supporters of the candidate. The PILPG delegation discussed these allegations with the Central Election Commission and with president Ghoukassian. The Chairman of the Central Election Commission described efforts to investigate these allegations, including contacts with the supervisors of the security officers mentioned in the allegations, who denied any improper activity.

President Ghoukassian said he had looked into the allegations and found hem to be false. He expressed a determination, which the PILPG delegation welcomes, to take strong action against any policy or security officials found to be improperly engaging in political activity or harassment. Developing regular mechanisms to allow complete and intrusive investigation of such allegations by the Central Election Commission or other competent civilian bodies is particularly important in a state such as Nagorno-Karabakh, which is developing democratic institutions in an unresolved conflict situation in which security organs necessarily play an important role.

Election Law and Procedures

The Election Code enacted in December 2004 was amended after the adoption last year of a new Constitution.

The members of the Central Election Commission are appointed only by elected officials. The President appointed three members and each of the parties having a fraction in the Parliament appointed two. So the current Commission has nine members and its mandate will expire with the term of the Parliament. After being appointed the Central Election Commission formed eight territorial commissions for election regions (one in each of the seven regions and one in Stepanakert). Each of the territorial commissions formed precinct commissions under its jurisdiction. There were 277 polling stations for about 90,000 registered voters (including one polling station in Yerevan).

At the beginning of the campaign Central Election Commission distributed free TV and radio time to candidates. Each got 30 minutes allotted over the duration of the campaign based on lottery. In addition to free time the candidates were allowed to buy up 80 minutes of radio and /or TV time (one radio minute is $41 and TV $82).

Candidates may open a bank account with one million drams ($3,000) and collect another five million ($15,000) for the campaign. Individual contributions are limited to 100,000 drams ($300) and enterprises and companies may donate up to 300,000 ($900). However those owned by foreign capital (more than 30%) or charities are banned from making contributions. So are all foreign individuals or entities of any kind.

On election day and the previous day no campaigning is allowed. Also strictly forbidden are public statements insulting or slandering other candidates.

Based on this visit, PILPG identified a number of substantive changes to the election code which would further promote transparence. PILPG discussed these proposals with the president and with the Chairman of the Election Commission and they responded favorably.

In a few polling stations, it was apparent that voting booths were aligned in such a way that marking the ballot could be observed by others in the room. After making inquiries which local election commissions and CEC, the PILPG delegation concluded that these were isolated cases, due in part to the introduction of a new type of voting booth this year. The CEC indicated that it will make changes to address the problem.

Polling Day

The PILPG delegation divided into three teams and visited 47 polling sites in all electoral regions. The general climate was businesslike and calm.

The polling sites were in suitable known to the voters (schools often) and accessible. Security was well organized but there were few signs or complaints about improper or intimidating behavior on election day.

The election commissions at the polling sites were well organized, familiar with the rules and procedures and fully aware of their roles and responsibilities. The voter registration lists and instructions as well as information about the candidates were prominently displayed in most places and the lists were accurate. There were no problems with identification and recording the vote in the lists. This may be attributed to relatively frequent elections. Rare cases of voters who were not registered but were in possession of identification (proof of permanent residence) were handled efficiently in accordance with an established and understood procedure to allow them to vote.

Servicemen were registered to vote outside their military units and barracks. The voter registration lists were displayed in their units 15 days before the Election Day and sent to the polling stations three day before election. Officers and those serving under contract were registered based on their permanent residence.

Ballot materials were supplied in time and secured according to the law. For those unable to come to the polling sites, election officials arranged transportation or in rare cases visited such individuals so they could vote. Secrecy of the vote was provided.

Counting of the ballots was conducted by the commissions at polling stations immediately after the end of the voting and in the presence of candidate representatives of the candidates. Disputes about the validity of the ballots were dealt with immediately.

International observers came from the United Stats, Germany, France, Belgium, Italy, Serbia, Macedonia, Czech Republic, Poland, Armenia, Ukraine, Russia and elsewhere.

Conclusion

Building democratic institutions and promotion of human rights is a slow and often painful process in post-conflict societies. The results depend very much on the right of the people to freely elect their representatives and on their ability to exercise that right5 and have a government of the choice. Critical is not only the process of the elections but what is behind them, including participation of people and how they exercise their inalienable right to govern themselves. The people of Nagorno Karabakh have obviously made significant progress on that road. They deserve not only commendation but support to continue in that direction.

Discussion held:

Arkady Ghoukassian, president of the Nagorno-Karabakh Republic
Ashot Ghoulian, Speaker of the Parliament
Vanik Avanesyan, Presidential Candidate
Masis Mayilian, Presidential Candidate
Hrant Melkumyan, Presidential Candidate,
Bako Sahakyan, Presidential Candidate, Sergei Nasibian, Chairman of the Central Election Commission
Seiran Airapetian, Representative of the NKR President in CEC
Semyon Afiyan, Representative of Democratic Party of Artsakh in CEC
Sergey Shahverdyan, Representative of Dashnaktsutyun Party – Movement-88 bloc in CEC
Arthur Mosiyan & Armen Sargssian, ARF Dashnaktsutyun Party
Araik Harutyunian, Free Motherland Party
Sarasar Saryan, NKR Refugee Organization
Galina Somova, Russian Community Organization
Karen Ohanjanian, Helsinki Initiative 92
Naira Hayrumian, Open Society
Karine Ohanian, Demo newspaper
Youth leagues
Samvel Arakelyan, CEC Member

Discussions were also held with delegates from other observers delegations and a group of journalists from the region organized whose visit was organized by the Institute for War and Peace with support of the European Union.

This report covers election related activities and results that occurred prior to the departure of the delegation from Nagorno-Karabakh on July 20th. This report is delivered to the completion of the election process, including the tabulation and announcement of final results and the expiry of legal deadlines for hearing possible complaints and appeals. A conclusive assessment of the entire election would depend, in part, on the conduct of the remaining phases of the process.

July 20, 2007

ABOUT TH EINDEPENDENT AMERICAN MONITORING DELEGATION

Public International Law and policy Group, an organization which was nominated two years ago for the Noble Peace Prize, selected some of its best to form a delegation to observe the Presidential elections on July 19, 2007 in Nagorno-Karabakh. The six members have behind them long and successful careers and in diplomacy, civil and military service, legal affairs, in negotiation and conflict resolution, post0conflict political development and peace and democracy building. Their international experience encompasses the region of former Yugoslavia and Bosnian and Kosovo crisis, Somalia, Iraq. Sri Lanka as wee as former Soviet Union and Caucuses and providing governments and entities across Europe, Africa and Asia with advice on constitutional issues including elections and matters of public international law. They observed, analyzed and reported on first democratic elections in post-communist and post-conflict societies and assisted in drafting the related legislation.

Vladimir Matic, Ambassador (ret.), the Head of the Delegation resigned his position of Federal Assistant Minister for Foreign Affairs in former Yugoslavia in disagreement over policy and moral issues. He has been teaching international relations, foreign policy and diplomacy at Clemson University for the past 11 years. He worked as consultant to the United States Institute of Peace and was a Public Policy Scholar at the Woodrow Wilson International Centre for Scholars. After the overthrow of Milosevic was a Special Envoy of the President of the Federal Republic Yugoslavia to the United States Government 2000/2001. he published numerous papers on issues of ethnic conflicts, problems of transitions and building of democracy, and observed and analyzed elections, including monitoring of elections in Nagorno-Karabakh in 2002 and 2005.

Paul Williams directs the Public International Law & Policy Group and was nominated for the 2005 Noble Peace Prize for his pro bono activity. He holds the Rebecca Grazier Professorship in Law and International Relations at the American University. He teaches in the School of International Service and the Washington College of Law. Previously he served in the Department of State’s Office of the Legal Advisor, as Senior Associate with the Carnegie Endowment for University of Cambridge. Professor Williams has assisted over a dozen states and sub-states entities in major peace negotiations and in drafting post-conflict constitutions. He has also advised Governments across Europe, Asia and Africa on matters of international law.

Louis Sell serves as Executive Director of the American University in Kosovo of Maine. Previously he worked for 28 years with U.S. Department of State and served in former Yugoslavia and Soviet Union and later in Russia. He was also U.S. Representative to the joint consultative Group in Vienna and Political Deputy to the first High Representative for Bosnian Peace Implementation. He is the author of “Slobodan Milosevic and the Destruction of Yugoslavia” published in 2002 by Duke University Press. He is currently working on a book on the collapse of the Soviet Union and the end of the Cold War. Mr. Sell observed many elections in Eastern Europe and former Soviet Union including first multi-party elections in all six Yugoslav republics and Kosovo’s first post-war elections in 2000.

Frederic Lorenz lectures International Humanitarian Law and US foreign policy at the Jackson School of International Studies, University of Washington in Seattle. Previously served for 27 years as judge advocate in the US Marine Corps and retired as a colonel. In 1995 he served as Senior Legal Advisor for the United Nations in Somalia and in 1996 as Legal Advisor for the NATO Implementation Force in Bosnia. He spent a year in St. Petersburg as Fulbright Senior Scholar teaching international law and US foreign policy. As a United Nations Legal Affair Officer in Kosovo he worked on the new system of national registration and first elections in the province in 2000.

Meghan Stewart is a Peace Fellow with PILPG and in that capacity advised over a half dozen states on international legal standards related to post-conflict constitutional reform. She served as a legal Advisor and primary drafter during constitutional reform negotiations in Bosnia in 2005 and 2006 analyzing electoral laws to ensure all proposed changes to the Constitution would be appropriately reflected in these laws. She also worked in Sri Lanka advising the government on peace negotiations with the LTTE. In Georgia she worked to develop a comprehensive framework agreement and negotiating strategy related to the future status of Abkhazia. She also advised political leaders in Liberia and Nepal. Previously she worked with the American Bar Association CEELI in Kazakhstan.
Christopher Goebel is a co-founder of PILPG and has participated in projects for numerous governments and sub-government entities including those in Bosnia, Macedonia, Afghanistan, Estonia and Kosovo. He provided legal assistance on matters relevant to the peaceful resolution of the crisis in Nagorno Karabakh. Previously, while practicing as a lawyer in New York for Cartis, Mallet-Prevost, Colt&Mosle LLP, he represented governments and private enterprises in international financial transactions including capital and equities markets, investment fund management, venture capital and project finance. As a Fulbright Research and Lecture Scholar in France he concentrated on European Union and ethnic conflicts in Balkans. He published on the topic of population transfer under international law.

Le deroulement des elections presidentielles s’est passé sans incident et aucune violation du systeme electoral. Nous avons pu observer de visu les bureaux electoraux suivants :
Stepanakert 7/2 (1568 inscrits), Shoushi 21/1 (1197 inscrits) et 21/2 (1060 inscrits), Karegah 20/50 (106 inscrits) , Agharno 20/17 (93 inscrits), Berdzor 22/1 (137 inscrits) et 22/2 (572 inscrits), Kashatagh 21/3 (73 inscrits). Aucune tension n’a ete notee dans la region de Kashatagh a laquelle appartiennent les derniers bureaux de vote.

De maniere generale, nous avons pu observer un fort taux de participation et une conscience de la part du peuple du Haut Karabagh de vivre un instant historique. Il s’agit en effet d’une premiere etape dans le processus de reconnaissance du Haut Karabakh par la communaute internationale. Car pour etre reconnu en tant qu’etat sur le plan international, il est necessaire de prouver pour le Haut Karabakh que le systeme politique en place est reellement democratique. En ce sens, ces elections representent un point positif dans le dossier du Haut Karabakh.

Les resultats officiels de CEC au niveau de la participation sont les suivants :

1. Stepanakert 64.62%
2. Askeran region 89.19 %
3. Hadrout region 86.20 %
4. Martakert region 81.18 %
5. Martouni region 77.58 %
6. Shahoumyan region 94.35 %
7. Soushi region 83.64 %
8. Kashatagh region 85.88 %
Yerevan 100%

Professor Nikos Lygeros
Observateur International

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