The People’s Advocate requests the CEC to revise urgently the list of polling stations abroad for the parliamentary elections of July 11, 2021 by increasing the number of polling stations according to the evaluations presented by Ministry of Foreign Affairs and European Integration (MFAEI) and the initial list of the CEC of June 4, 2021.
An opinion with recommendations in this regard was sent today in the name of the CEC president, Dorin Cimil. In support of her recommendation, the People’s Advocate [1] refers to national and international standards, reaffirming that the universality of suffrage represents the realization of the electoral right regardless of residence, sex, race, nationality, language, social origin, position held or exercised, type of activity, religion , political aspirations, wealth or other criteria and circumstances.
The opinion emphasizes that all the reasoning of the People’s Advocate was previously taken into account in examining the case both by the Civil and Administrative Contentious College of the Court of Appeal and by the Civil, Commercial and Extended Administrative Contentious College of the Supreme Court of Justice.
Based on the MFAEI evaluations, the People’s Advocate claims that in the conditions in which Electoral Code in art.54 par.3 establishes that CEC sends to the polling stations established outside the Republic of Moldova a number of up to 5000 ballot papers for each polling station then it will be the optimal solution for the exercise of the right to vote by each citizen is the creation of a larger number of polling stations.
The People’s Advocate points out that the will of the people is the basis of state power. This will is expressed through free elections, which take place periodically by universal, equal, direct, secret and freely expressed suffrage. The state guarantees the expression of the free will of the citizens by defending the democratic principles and the norms of the electoral law. Thus, the citizens of the Republic of Moldova who reside abroad benefit from full electoral rights under the conditions of the Electoral Code. The Government of the Republic of Moldova, the Central Electoral Commission, diplomatic missions and consular offices are obliged to create conditions for citizens freely exercise their electoral rights.
The Venice Commission[2] notes that “the system of voting abroad is adapted to the particularities of each country, including in terms of infrastructure, administrative and budgetary constraints, the way elections are held and the degree of public confidence”. However, given that the MFAEI assessed the possibility of opening 191 polling stations, thus confirming the existence of real premises for ensuring the right to vote for a larger number of people, based on the results of voting of diaspora representatives in 2020 elections, but also the preliminary registrations of foreign voters. The People’s Advocate thinks that in the presidential election of July 11, 2021, the CEC should take into account the real needs and assessments of the MFAEI, so as to offer equal opportunities to all citizens of the Republic of Moldova who wish to exercise their right to vote regardless of their residence.
The People’s Advocate also emphasizes that the MFAEI’s approach with submitted proposals regarding the necessity and possibility of creating the number of polling stations abroad must be taken into account, especially given that the legislative framework does not contain clear and fixed regulations for the CEC but being left to its discretion to take such an important decision. The Ombudsman also recalls that in the 2018 Venice Commission Opinion[3] repeatedly recommended to Moldovan authorities “to establish in the national legal framework clear and fixed criteria for the CEC to follow and to avoid any arbitrary or unreasonable decisions to restrict the right to voting abroad by voters who are not pre-registered”. The mission of the Central Electoral Commission is to create optimal conditions for all citizens of the Republic of Moldova freely exercise their constitutional right to choose and to be elected in free and fair elections.
At the same time, it is mentioned that the initial proposal of MFAEI on May 25, 2021 to organize the 191 polling stations abroad was the result of consultation by the embassies of the Republic of Moldova of communities of citizens abroad, as well as MFAEI discussions with civil society representatives. Also, in the spirit of art. 31 para. (3) of the Electoral Code, the MFAEI favorably examined on June 4 this year the approach submitted on the same day by the Central Electoral Commission regarding the establishment of 162 polling stations.
In the preliminary opinion, the ministry informed the electoral authority that all diplomatic missions notified in due time the authorities of the accreditation states about the organization of the early parliamentary elections of July 11, 2021 and the intention to open polling stations on their territory.
Thus, the ministry took note of the list proposed by the Central Electoral Commission on the establishment of 162 polling stations and confirmed that it has the necessary logistical capacity to hold early parliamentary elections, including according to initial proposals submitted on May 25, 2021, i.e. 191 polling stations. The decision adopted at the extraordinary meeting of June 5 by the Central Electoral Commission on the establishment of 139 polling stations abroad was not approved in advance by the Ministry of Foreign Affairs and European Integration[4].
Based on the above, the People’s Advocate recommended to the CEC the urgent revision of the list of polling stations abroad for the parliamentary elections of July 11, 2021, by increasing the number of polling stations according to the evaluations presented by MFAEI and the initial list of the CEC of June 4, 2021. .
2021 /06 /24
Human Rights Promotion and Communication Department
Tel.: 060002656
[1] Based on art. 3 of the Parliament Decision no. 4 of February 4, 2021 on termination of the mandate of the People’s Advocate (Ombudsman) until the appointment by the Parliament of a new People’s Advocate (Ombudsman), Mrs. Maia Bănărescu, People’s Advocate for Children’s Rights, will fulfill the duties of People’s Advocate (Ombudsman)
[2] https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2015)040-e
[3] https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2018)008-e
[4] https://mfa.gov.md/ro/content/cu-privire-la-procesul-organizatoric-al-alegerilor-cadrul-sectiilor-de-votare-constituite
