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APPEAL to the Parliament of the Republic of Moldova regarding the appointment of the new composition of the Central Electoral Commission and the achievement of priority objectives in the electoral field
02 August 2021
Taking into account the fact that the mandate of the members of the Central Electoral Commission (CEC) expired on June 16, 2021, being extended for a maximum period of 90 days, until the appointment of the new composition of the CEC, in accordance with art. 17, paragraph 6 of the Electoral Code; Reiterating the suspicions of political influence on the CEC, a fact emphasized in the statement of the Civic Coalition for Free and Fair Elections regarding the anticipated parliamentary elections of July 11, 2021; Noting that the mechanism for establishing the CEC represents one of the key elements of the legal electoral system and is to be revised following extensive public consultations; Specifying that, art.16 of the Electoral Code provides for the establishment of the Central Electoral Commission of 9 members: one member being appointed by the President of the Republic of Moldova, and the other 8 members by the Parliament, respecting the proportional representation of the majority and the opposition. Noting that the nominal composition of the Commission is confirmed by the decision of the Parliament, with the vote of the majority of the elected deputies; The member organizations of the Civic Coalition for Free and Fair Elections appeal to the Parliament of the Republic of Moldova: to designate within legal terms the new members of the Central Electoral Commission based on criteria of professionalism, integrity, meritocracy and not on the basis of political loyalty; to organize a public process for appointing new members to the composition of the CEC; ensure the equal representation of women and men in the appointment of new CEC members. At the same time, in view of the amendment of the Electoral Code, the Civic Coalition for Free and Fair Elections supports the need to review the mechanism for establishing the Central Electoral Commission, so as to strengthen the independence and resilience of the institution in relation to political factors, as well as to ensure the permanent character of the CEC membership mandate. The Coalition also requests the Parliament to amend the electoral and related legislation in accordance with the addresses of the Constitutional Court, the findings and recommendations of the national and international election observation missions, as well as with the international standards in electoral matters developed by the OSCE, the Venice Commission, the Council Europe etc. Thus, among the aspects that require the Parliament's priority attention, we can mention: Completing the electoral legislation with plenary and explicit regulations, including on the dimension of sanctioning phenomena such as: abusive use of administrative resources; organized illegal transportation of voters on election day; the use of hate speech and incitement to discrimination; the use of the image of religious cults in the electoral campaign; Implementation of alternative voting mechanisms; Improving the mechanism of supervision and control of the financing of political parties and electoral campaigns, by removing inconsistencies, clarifying the powers and strengthening the capacities of the Central Electoral Commission; Revision of the legal rules regarding the financing of political parties and the electoral campaign in order to ensure legality and transparency in this field; More explicit regulation of the mechanism for contesting the actions/inactions of electoral bodies and competitors, both during the electoral period and immediately after the election day; Perfecting the legal framework (Electoral Code, Audiovisual Media Services Code) regarding the coverage of elections by mass media in order to eliminate the practice of spreading false and manipulative information, as well as political partisanship in the media; The detailed and express regulation of the powers and responsibilities of the Audiovisual Council during the electoral period; The establishment of regulations for the distinct delimitation of electoral/political advertising from commercial advertising; Revision of the legislation regarding the use of the image of international organizations and public institutions, both from the country and abroad (art. 52, par. 8 of the Electoral Code); Increasing electoral inclusion.