A. Electoral system for the distribution of parliamentary mandates

Article 90(2) of the draft law limits distribution of parliamentary mandates to political parties that receive more than 5 per cent of the vote in the Kyrgyz Republic and at least 0.5 per cent of the vote in each of the seven oblasts and Bishkek and Osh cities. Both thresholds are calculated against the number of voters who participated in the elections. This double threshold existed under the previous version of the law and the OSCE/ODIHR and the Venice Commission noted the double threshold requirement compromised the objectives of a proportional representation system.[1] The Venice Commission and the OSCE/ODIHR previously recommended that the regional threshold requirement of 0.5 per cent of the vote in each of the seven oblasts and Bishkek and Osh cities be reconsidered since the proportional representation system was based on a single nationwide constituency. As the proportional representation system is now based on nine geographically established constituencies, the rationale for a nationwide threshold of 5 per cent is questionable. Moreover, the double threshold reduces considerably the chances of minorities to be represented in the parliament as it is quite difficult to suppose that they will be able to achieve not only the nationwide threshold of 5 per cent but also the second threshold of 0.5 per cent in every constituency. The Venice Commission and the OSCE/ODIHR recommend that the 5 per cent nationwide threshold be removed from the law if mandates are to be distributed based on a regional proportional representation system using election results in nine separate geographical constituencies.

[1] See 2011 joint opinion, paragraph 18.