Statement of the Civic Coalition for Free and Fair Elections on the general local elections held on 5 and 19 November 2023
Building on the principles underlying free and fair elections, set out in international treaties and conventions on civil and political rights and in the Code of Good Practice in Electoral Matters of the European Commission for Democracy through Law of the Council of Europe (Venice Commission),
Stressing the fundamental role of the new electoral and related legislation enforced for the first time at the general local elections this year,
Pointing out that the local elections took place in the context of the war unleashed by the Russian Federation against Ukraine and a hybrid war waged by the Russian Federation against the Republic of Moldova,
Noting the competitive nature of the general local elections held on 5 and 19 November 2023, expressed in a variety of political alternatives, despite the exclusion of some competitors involved in subversive actions that affected the integrity of the electoral process,
Based on the above principles and building on the findings and deviations recorded by the Coalition member organisations both during the campaign and on the election day,
The Civic Coalition for Free and Fair Elections believes that the elections held on 5 and 19 November 2023 were partially free and partially fair, for the following reasons:
Administration and conduct of elections. The general local elections of 5 and 19 November 2023 were held in compliance with the provisions of the new Electoral Code and the adapted related legislation. The Coalition recalls that the process of drafting the new electoral and related legislation was transparent and open for participation of all stakeholders, and was carried out under the auspices of the Central Election Commission (CEC).
The central election authority operated collegially and openly, and the administration of the elections was generally transparent and professional. However, the shortage of staff had a negative impact on some of its activities, including the timely processing and publication of reports on campaign financing, as well as complaints and appeals filed by electoral actors.
The lower electoral bodies had a heavy workload, also due to a higher number of complaints regarding the organization and conduct of elections. On the election day, the electoral process was administered efficiently and transparently. At the same time, the high number of incidents noted by Promo-LEX observers (violations of the secrecy of the vote, unjustified presence of unauthorized persons in the premises or within 100 metres of the polling station, etc.)[1] may indicate the intention of some electoral actors to undermine the integrity of the electoral process.
Restrictions to the right to be elected. After the adoption by the Constitutional Court (CC) of the decision on declaring the Sor party unconstitutional[2], the Parliament voted just a few days before the start of the electoral period a number of restrictions imposed on the right to be elected[3]. Challenging the constitutionality of the rule during the period of nomination and registration of candidates, suspending the effect of the law for a period of 5 days and declaring the restriction unconstitutional[4] only 3 days before the registration of candidates was completed caused uncertainties among contestants, electoral bodies and voters, while affecting the clarity and predictability of electoral procedures.
These have been exacerbated by the establishment by the Commission for Exceptional Situations (CSE)[5] and the approval by the Parliament of new restrictions on the right to be elected, already 2 days before the end of the registration of candidates, under conditions of minimum transparency and with the omission of stages of the legislative process.
Competitiveness of the elections. The Coalition believes that the general local elections were competitive, as 37 political parties out of 60 registered with the Public Services Agency (ASP) participated in the elections, thus ensuring political pluralism and a wide variety of voting options for voters.
However, just two days before the first round of elections, by derogation from the provisions of the Electoral Code, the Commission for Exceptional Situations decided[6] to cancel the registration of all candidates nominated by the “Sansa” Party (a party derived from the former Sor Party) on the grounds of the threat to national security and significant violations regarding the campaign financing. This limited the citizens’ voting options and lead to elections with only one electoral contender in some smaller localities[7]. It should be mentioned that the collective exclusion of candidates, without the possibility of enjoying effective legal remedies to support their rights, is in conflict with international electoral standards.
Misuse of administrative resources in the election campaign. During the electoral period, it is forbidden for candidates to use administrative resources, including by launching or participating in the launch of infrastructure projects or procurement from the national public budget, the use of public equipment, means and assets. At the same time, in order to guarantee the principle of government’s neutrality, the legal framework should ensure the neutrality of the civil service by prohibiting civil servants from campaigning in their official capacity, whether they are themselves candidates or they support certain candidates[8].
Promo-LEX observers identified over 150 cases of using administrative resources[9] in the context of general local elections. These relate to the involvement in campaign activities of persons holding public positions, the taking of credit by electoral candidates for the public works/services financed from the public budget, the use of state institutions for the purpose of promoting electoral initiatives, the organization of electoral meetings in public institutions with employees of those institutions during their working hours.
Use of funds from illegal sources in the election campaign. Credible, repeated and widespread accusations regarding the misuse of funds from illegal and foreign sources to buy votes and candidates were made before and during the election campaign with reference to Ilan Sor, the “Sansa” Party, and its other satellites.
The Coalition believes that the launch and intense promotion by the latter during the electoral period of various initiatives to finance local infrastructure development projects, to supplement pensions from private funds distorted the election campaign and prevented some voters from making an informed choice.
Financial reporting in the election campaign. The new Electoral Code stipulates improved rules on campaign financing. The regulatory framework contains provisions related to detailed reporting, timely disclosure, comprehensive oversight and measures of liability for admitted breaches. However, some implementation deficiencies created obstacles for some electoral contenders, including difficulties in opening special bank accounts.
The CEC, which is responsible for exercising financial control and oversight of campaign financing, made considerable efforts to ensure compliance with campaign financing rules. However, the insufficient capacity at central and regional level to verify expenditures against declared revenues and to publish reports by the required deadlines compromised an otherwise transparent and accountable process.
Media behaviour and suspension of licenses of six TV stations. With a few exceptions, broadcasters had a relatively balanced behaviour in the election campaign, providing news access to most electoral contenders that they covered fairly and impartially. At the same time, most of the TV channels monitored did not ensure pluralism of opinion in the news, and they were also strongly gender-biased. Some media favoured or disfavoured certain contenders through indirect electoral news about the positive or negative activity of the central or local public administration.
Also, the suspension on 30 October 2023 by the Commission for Exceptional Situations (CSE) of the broadcasting licenses of six audiovisual media services appears to be a disproportionate restriction of freedom of expression, given the lack of extensive explanations regarding the factual and legal circumstances justifying the restrictive measures.
Violations of the double quota system. Societal perceptions of women’s role in politics and decision-making worsened in 2023, with a larger number of respondents believing that women have no place in politics and are less capable of holding leadership positions. The share of women running for mayor and women elected as mayors increased only slightly, a trend that was maintained over the last four elections, which means slow progress. The number of women running for and elected to councillor position increased due to the double quota system (which includes the 40% representation quota and list positioning provisions). However, there were violations of the double quota system, in particular upon submission of the list of candidates for the position of the first-level local councillor.
Discrimination against persons with disabilities. Persons with disabilities faced physical and informational access barriers. Over 60% of polling stations are inaccessible. The audit of accessibility of electoral contestants’ websites revealed that they were not accessible for persons with disabilities.
The TV channels that broadcast electoral debates either did not provide interpretation into sign language or did not comply with the decision of the Audiovisual Council no. 284 of 2 September 2022 and did not render the image of the interpreter’s face and hands at the minimum scale of 1/3 of the screen, as provided under the law. During the election campaign, neither residential institutions nor other community centres organized electoral meetings with and for people with intellectual disabilities.
Numerous cases of hate speech and incitement to discrimination. During the election campaign, at least 36 cases of hate speech, incitement to discrimination and sexist messages by candidates, politicians, opinion leaders, journalists and citizens were observed. Hate speeches were based on the criteria of “political affiliation”, “sexual orientation/gender identity” and “sex/gender” and were directed against politicians and electoral contenders, women and LGBT people.
The voters’ vote was also influenced to a certain extent by the widespread transmission by some of the candidates and the political forces supporting them of distorted information, speculation without a factual basis and intentional falsehoods, i.e. disinformation.
www.alegeliber.md – The Civic Coalition for Free and Fair Elections is a permanent, voluntary entity, consisting of 39 non-governmental organizations from the Republic of Moldova, whose aim is to contribute to the development of democracy in the Republic of Moldova by promoting and conducting free and fair elections according to the standards of ODIHR (OSCE), the Council of Europe and its specialized affiliated institutions.
[1] https://promolex.md/24624-statistica-incidentelor-din-ziua-alegerilor-alegeri-generale-locale-2023-versus-2019-primul-tur/?lang=ro
[2] https://www.constcourt.md/ccdocview.php?tip=hotariri&docid=828&l=ro
[3] https://www.parlament.md/ProcesulLegislativ/Proiectedeactelegislative/tabid/61/LegislativId/6555/language/ro-RO/Default.aspx
[4] https://constcourt.md/ccdocview.php?tip=hotariri&docid=834&l=ro
[5] https://gov.md/sites/default/files/document/attachments/dispozitia_cse_nr.86_04.10.2023.pdf
[6] https://gov.md/sites/default/files/document/attachments/92.dispozitia_cse_92_03.11.2023-1.pdf
[7] https://a.cec.md/ro/pe-3-martie-2024-vor-avea-loc-alegeri-partiale-2781_107970.html
[8] Joint Guidelines for preventing and responding to the misuse of administrative resources during electoral processes, adopted by the Council for Democratic Elections at its 54th meeting, Venice, 10 March 2016 and by the Venice Commission at its 106th plenary session, Venice, 11-12 March 2016.
[9] See cumulative data from reports no. 2-5 of the Promo-LEX Mission of observation of the general local elections of 5 – 19 November 2023: https://promolex.md/category/alegeri/locale-generale/2023/?lang=ro