By Commission Staff While pundits attempt to sort out the political meaning of Ukraine’s March 26th parliamentary elections to fill the 450-seat Verkhovna Rada, the significance of the conduct of the elections should not be missed.  “Free and fair” was the resounding assessment of the OSCE-led International Election Observation Mission (IEOM) that also included observers from the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, the European Parliament, the NATO Parliamentary Assembly, and the OSCE Office of Democratic Elections and Human Rights (ODIHR).  This unqualified positive appraisal – a first among the 12 former Soviet republics outside the Baltics that have conducted scores of elections since the 1991 breakup of the Soviet Union – underscores the consolidation of democratic gains made in Ukraine’s 2004 Orange Revolution following years of political stagnation. These clean March 26th elections stood in stark contrast to the fatally flawed first rounds of the Ukrainian presidential elections that ushered in popular revolt sixteen months earlier.  Coming on the heels of the blatantly undemocratic presidential “elections” in neighboring Belarus a week earlier, comparisons were inevitable.  The Rada elections also followed a series of recent electoral contests elsewhere in the former Soviet Union, including in Azerbaijan and Kazakhstan, which to varying degrees fell short of international standards.  The OSCE assessment in Ukraine returns the “free and fair” formulation to the lexicon of international election observations, departing from the heavily nuanced appraisals that have become common in recent years.  This development has potentially significant implications for future OSCE observations, especially with parliamentary and presidential elections expected in Russia in 2007 and 2008 respectively. Helsinki Commissioner Rep. Alcee L. Hastings, current President of the OSCE Parliamentary Assembly, was appointed by the OSCE Chair-in-Office to serve as Special Coordinator for short-term observers.  Commission staff observed on Election Day, as part of the IEOM deployment of 914 observers coming from 45 OSCE countries including Russia.  In all, the group examined voting and the vote count in nearly 3,000 polling stations.  The Commission contingent observed balloting throughout the Kiev and Cherkasy regions. The Ukrainian Government declined to invite observers from the Commonwealth of Independent States (CIS), an entity discredited in the eyes of many for its effusive praise of fundamentally flawed elections elsewhere in the former Soviet Union, including Belarus’ undemocratic March 19 presidential contest.  The CIS stood out for its sharply critical evaluation of Ukraine’s December 26, 2004 presidential elections that resulted in Victor Yushchenko’s victory in elections widely considered to have met democratic standards.  Ukraine has refused to participate further in CIS monitoring missions.  The two dozen Russian Duma observers present offered tempered, mixed opinions about the conduct of Rada elections.   Whatever shortcomings there were in these elections – and no undertaking of this scale is perfect – they appear to have resulted from late or otherwise poor planning.  Among these were delays in the formation of some district and precinct election commissions, the absence of a functioning Constitutional Court, long lines and crowding at some polling stations, and lingering inaccuracies in voter lists.  On the positive side of the balance sheet were the significantly freer media and decidedly more balanced media coverage; no systematic use of administrative resources; the transparent, consensual and professional administration of the elections at all levels; inclusion of domestic, non-partisan observers; and an overhaul of voter lists.        Election day began early with polling stations opening at 7:00 a.m.  There were over 34,000 polling stations.  Adding to the vibrancy of the elections was the large number of domestic observers, an indication of buy-in on the part of Ukrainians young and old alike with many affiliated with particular parties or candidates and others representing NGOs.  Upon entering the polling stations, one was struck by walls plastered with informational bulletins on candidates and parties.  Forty-five parties and blocs vied for seats in parliament.  While the international community was mainly focused on the parliamentary balloting, voting was also underway for regional and local government.  Voters were thus presented with four lengthy ballots: national and regional as well as local councils and mayoral races.  While some older voters were befuddled by this collection of papers, most voters seemed to take it in stride.  Election commission poll workers seemed attentive to their duties.  This was put to the test in the complicated tabulation process that began, once polling stations closed at 10:00 p.m., typically involving the sorting and counting of thousands of papers.  Processing the Rada results alone went into the wee hours of morning, with the three remaining stacks of ballots from other contests proceeding well past daybreak. The undeniable success of the domestic observation in these elections, buttressed by years of investment in training and support by the United States and others, raises obvious questions about the need for future international observations in Ukraine.  Has the time come to “graduate” Ukraine from such scrutiny and leave that necessary task to Ukrainian stakeholders themselves?  Many believe the March 26th elections confirm that that time has come, especially if Ukraine continues on its increasingly democratic trajectory.  The greater and more prominent role of domestic observers, also reinforces the notion that the time for Ukraine’s “graduation” has come.  Indeed, the OSCE should continue to encourage domestic stakeholders to prove themselves to their own people. The Maidan, Kiev’s Independence Square that featured so prominently in the massive demonstrations by orange-clad protesters in November 2004 and the jubilant crowds following Yushchenko’s victory a few weeks later, was calm on the Monday following the Rada elections.  Strolling past this bustling area, Ukrainians were going about their routines, perhaps an indicator that the politics of democracy has moved from the Maidan to the Main Streets of cities and towns throughout the country. Whatever the pundits may declaim regarding the election results or the continuing strength of the Orange Revolution, what seemed palpable was a keen appreciation for the business of governing.  Neither a democratic revolution nor a single “free and fair” election are guarantees that the resulting government will be in a position to immediately deal with the basic needs of its people.  Overcoming these obstacles will have a profound impact on how the next government meets the political and economic challenges Ukraine faces at home and abroad.                   What we can say with confidence is that the March 26th elections were a further essential step in the process of overcoming the legacy of the past – a history marred by foreign domination, genocidal famine, denial of political and cultural freedom, and more recently political stagnation.  Today, the people of Ukraine are removing the overgrowth of thorns – an image alluded to by the great poet Taras Shevchenko – that prevented them for so long from pursuing their own pathway to a brighter and more prosperous future.

The United States Helsinki Commission held a briefing on October 12, 2005 to examine Egypt’s September 7, 2005 presidential election and its ongoing parliamentary elections.   The presidential election was the first in Egyptian history to be open to opposition candidates, while the parliamentary elections are being held in three phases over a six- week period to be concluded in early December. In the Egyptian presidential election, as was widely expected, incumbent President Hosni Mubarak of the National Democratic Party won a fifth consecutive six-year term with  88% of the vote. Out of numerous opposition candidates, the two main challengers, Ayman Nour of the Al-Ghad party and Noaman Gomaa of Al-Wafd, received 7.3% and 2.8% of the vote, respectively Post-election Analysis While the elections were generally acknowledged to have fallen short of meeting international standards, it was broadly agreed that the vote represented a change in Egyptian politics.  The nature of that change was, however, disputed by the panelists. Consequently, much of the discussion at the briefing was critical of the government’s conduct of the elections, with claims that electoral reforms that had been undertaken in Egypt had not gone far enough. “While the Egyptian elections did not meet internationally recognized standards of fairness, the mere fact that the regime allowed the opposition a place on the ballot had opened a doorway,” said U.S. Helsinki Chairman Senator Sam Brownback (R-KS) in prepared remarks. In a statement, Commission Co-Chair, Rep. Chris Smith (R-NJ) said, “The Egyptian people have tasted electoral freedom for the first time and began to debate the future of their country in a way that once was unthinkable. This is the beginning of a long process of democratic reform which over time will reverberate throughout the Arab world.” Thomas Garrett of the International Republican Institute (IRI), who had observed the pre-election period and the elections as part of a 15-member observer delegation, remarked on the significant progress made by Egypt in allowing open elections.  “For the first time in history, Egyptian voters were given the opportunity to choose from among several candidates for the position of president,” he said. Garrett noted that one of the problems in the lead-up to the elections was that access to voter lists was not provided to opposition parties until two days before the election, making voter contact difficult for all but the incumbent.  He was also concerned that apparent “off-the-cuff remarks”  by members of the independent electoral commission regarding candidacies and party participation were given the force of law by virtue of the fact that such remarks could not be subjected to legal challenge.  These issues notwithstanding, Garrett commented that the election broke the historic taboo against citizens openly criticize their government in a way that had previously been unheard of in Egyptian politics.  Overall, Garrett concluded, the aspirations of the voters were not subverted in that it was the clear intent of those who did vote to re-elect President Mubarak. Khairi Abaza, visiting fellow at The Washington Institute for Near East Policy and formerly of Egypt’s Wafd Party, the second major opposition party in the election, discussed the nature of the opposition.  Abaza pointed out that although Mubarak received 88% of the vote, estimates are that only 15-23% of the 32 million registered voters participated in the election, meaning that Mubarak had the support of 6.5 million in a country of 72 million. Abaza listed less-than-democratic aspects of the election, arguing that these had the impact of lowering voter turnout. These problems notwithstanding, Abaza noted that the public gains for the opposition were very important, allowing for the first time in 50 years a real civic debate about political reform and systemic change.  He added that the lead-up to the election saw the growth of the opposition which, as a result, began to speak much more openly against the government.  However, “there’s still a long way to go before we can see free and fair elections in Egypt,” he said.  “What happened in Egypt is probably a step toward a freer system, but it could only be considered a step if it’s promptly followed by many other steps.”  Abaza also remarked that it because of its comparatively more solid national, social, and linguistic identity as well as parliamentary history, Egypt was well positioned to serve as an example for the region. A Different Perspective Somewhat in contrast to the prevailing view, Dr. Amr Hamzawy of the Carnegie Endowment for International Peace did not view the presidential election as representing an historic step or breakthrough.  Hamzawy maintained that describing the election as historic was misleading, especially when taking into account the low voter turnout and the lack of serious competitors to Mubarak.  Rather, Hamzawy suggested, the election was simply the latest step forward in an ongoing reform of Egyptian politics that had gone on for the past 5 to10 years.  He predicted that the impact of the irregularities suffered in the election would be minimized by judges who would play a greater role in monitoring the elections than had historically been the case.  This, Hamzawy argued, would help restore the public’s belief in the neutrality of state institutions.  Hamzawy also added that he believed that opposition parties would win 15-20% of the seats in the People’s Assembly in the parliamentary elections. First Steps Counselor Wael Aboulmaged of the Embassy of Egypt noted that, as the vote was Egypt’s first experience with open presidential elections, it was perhaps inevitable that an assessment of their conduct would show them to have been deficient in various aspects. He added that Egyptians were only beginning to understand such facets of an election as campaigning nationally; how to raise funds; addressing people in different parts of the country who have different concerns; when to talk substance, when to talk style. Aboulmaged further contended that voter apathy and low voter turnout in the elections was due to many citizens lacking faith in the process.  However, he thought there was evidence of a new trend in which average people were becoming more involved politically and were beginning to feel that they have a real stake in electoral outcomes. The Counselor made note of the election’s irregularities, but reminded the audience of the significance of the recent events:  “For the first time, an incumbent president in Egypt had to campaign nationwide to present his political, economic and social agenda for public scrutiny:  to be held, in effect, accountable.  This is something that presidents in Egypt simply did not do in the past.  He had to ask for the trust of the voters.” Commission Ranking Member Rep. Ben Cardin (D-MD) in a statement observed, “Nobody would mistake this election as free and unfettered.  The opposition was fragmented, its main party excluded, and campaigning was tightly restricted.  However, the sight of any public debate in the very heart of the Arab world’s most important state is the first crack in the façade of the old regime.” Witnesses Mr. Thomas Garrett, Director of Middle East and North Africa Program, International Republican Institute Dr. Amr Hamzawy, Senior Associate, Carnegie Endowment for International Peace Mr. Khairi Abaza, Past Cultural Secretary, Wafd Party; Visiting Fellow, The Washington Institute Mr. Wael Aboulmagd, Counselor, Embassy of the Arab Republic of Egypt Moderator Mr. Chadwick R. Gore, Staff Advisor, U.S. Helsinki Commission

The 14th Annual Meeting of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly convened in Washington, DC, July 1-5, 2005. Speaker of the House, J. Dennis Hastert (R-IL), the host for this year’s Assembly, welcomed more than 260 parliamentarians from 51 OSCE participating States as they gathered to discuss various political, economic, and humanitarian issues under the theme, “30 Years since Helsinki: Challenges Ahead.”  Commission Chairman Senator Sam Brownback (R-KS) served as head of the U.S. Delegation, Co-Chairman Christopher H. Smith (R-NJ) was delegation vice-chairman.  Secretary of State Dr. Condoleezza Rice gave the inaugural address at the assembly’s opening session, thanking the members of the OSCE PA for their work toward “human rights, the rule of law, free and fair elections, and the development of transparent, accountable institutions of government across the OSCE community and around the globe. “As the Chairman-in-Office and Parliamentary Assembly take a fresh look at the OSCE agenda and consider these and other items, preserving the integrity of Helsinki principles and ensuring that the OSCE continues to be an agent of peaceful, democratic transformation should be paramount objectives,” Secretary Rice said. Chairman Brownback in plenary remarks underscored the rich history of the Helsinki Process, unwavering U.S. commitment to human rights and the dignity of the individual, and the dramatic advances made in Georgia, Ukraine, and Kyrgyzstan.  At the same time, he pointed to the remaining work to be done in the OSCE region and beyond to meet the promises made with the signing of the 1975 Helsinki Final Act.      Offering guidance to the body, OSCE PA President and Helsinki Commissioner Rep. Alcee L. Hastings (D-FL) reiterated the gathering’s theme:  “In this new Europe, and in this new world, the OSCE and the OSCE Parliamentary Assembly must stand ready to respond to new threats and challenges, and this means evolving and adapting to new realities.” Agenda and Issues Among the issues considered by the Assembly were recommendations for changes in the OSCE Code of Conduct for Mission Members, efforts to combat human trafficking, and calls for greater transparency and accountability in election procedures in keeping with OSCE commitments made by each of the 55 participating States. The First Committee on Political Affairs and Security met to discuss matters of terrorism and conflict resolution, including resolutions on the following topics: terrorism by suicide bombers the situation in Abkhazia, Georgia terrorism and human rights Moldova and the status of Transdniestria Under the chairmanship of Rep. Benjamin L. Cardin (D-MD), the Second Committee on Economic Affairs, Science, Technology and Environment moved on a number of issues, including resolutions and amendments on: small arms and light weapons maritime security and piracy the OSCE Mediterranean dimension money laundering the fight against corruption The Third Committee on Democracy, Human Rights and Humanitarian Questions tackled a number of resolutions, as well as two supplementary items brought by members of the U.S. Delegation.  Other topics addressed by the Committee included:         the need to strengthen the Code of Conduct for OSCE Mission Members combating trafficking in human beings improving the effectiveness of OSCE election observation activities The Assembly plenary met in consideration of the resolutions passed by the general committees as well as the following supplementary items: improving gender equality in the OSCE combating anti-Semitism Special side events were held in conjunction with the 5-day meeting, including a briefing on the status of detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, held by senior U.S. officials from the Departments of Defense and State.  Members of the U.S. Delegation also participated in the following organized events: Parliamentary responses to anti-Semitism Working breakfast on gender issues Mediterranean side meeting Panel discussion on the Nagorno-Karabakh conflict Human rights in Uzbekistan Meeting of the parliamentary team on Moldova In addition, while participating in the Assembly, members of the U.S. Delegation held bilateral meetings with fellow parliamentarians from Azerbaijan, Georgia, Kazakhstan, and Turkmenistan.  They also had formal discussions with the newly appointed OSCE Secretary General Marc Perrin de Brichambaut. Key U.S. Initiatives The successful adoption of a number of supplementary items and amendments to the Assembly’s Washington Declaration illustrated the extent of the activity of the members of the U.S. Delegation in the three Assembly committees.  The delegation met success in advancing its initiatives in human trafficking, election observation activities, and religious freedom. As a result, the Washington Declaration reflects significant input based on U.S. initiatives. In the General Committee on Democracy, Human Rights and Humanitarian Questions, Senator Voinovich (R-OH) sponsored, and successfully passed, a supplementary item on funding for the Office for Democratic Institutions and Human Rights (ODIHR) to allow it to continue its missions and responsibilities. Speaking on the passage of his resolution on combating trafficking at the hands of international peacekeepers, Co-Chairman Smith said, “In the past, the lack of appropriate codes of conduct for international personnel, including military service members, contractors, and international organization’s employees, limited the ability to counter sexual exploitation and trafficking.  That is finally changing.” The U.S. Delegation also overwhelmingly defeated text offered by the Russian Delegation that would have weakened the ability of ODIHR to effectively perform election observations.  Co-Chairman Smith, principal sponsor of the amendments that served to frustrate the Russian resolution, praised the OSCE Parliamentary Assembly saying, “The Parliamentary Assembly has reaffirmed the central and historic leadership role of the OSCE’s Office of Democratic Institutions and Human Rights in monitoring elections….Parliamentarians from the participating States have soundly rejected the ploy to weaken OSCE election standards, holding participating States accountable when they fail to fulfill their OSCE election commitments.” On the issue of religious freedom, the U.S. Delegation carried through two amendments to the final Assembly declaration. “I am very pleased that these amendments passed,” said Co-Chairman Smith, who offered the amendments to the draft resolution.  “However, the fact that the first amendment passed by only 10 votes underscores the continuing challenge in the fight for religious liberties in the OSCE region.  The fact that parliamentarians are willing to discriminate against minority religious communities is sobering.” In addition, an amendment brought by Del. Eleanor Holmes-Norton (D-DC) that calls on the U.S. Congress to grant voting rights for residents of the District of Columbia secured passage. Leadership Positions Commissioner Hastings was re-elected unanimously to another one-year term as the President of the OSCE Parliamentary Assembly.  Joining the U.S. leadership on the Parliamentary Assembly, Commissioner Benjamin L. Cardin was also re-elected Chairman of the General on Economic Affairs, Science, Technology and Environment by unanimous decision.  Commission Co-Chairman Christopher H. Smith continues in his role as Special Representative on Human Trafficking to the OSCE PA.  Additionally, Rep. Hoyer chaired the Ad Hoc Committee on Transparency and Accountability, which works to foster greater response from the governments of participating States to Assembly initiatives. The close of the Assembly was marked with the adoption of the Washington Declaration and concluding remarks by OSCE PA President Hastings. The Parliamentary Assembly will meet again next year, July 3-7, in Brussels, Belgium. U.S. Delegation to 14th Annual OSCE Parliamentary Assembly: Commission Chairman Sen. Sam Brownback (R-KS) Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) Sen. George Voinovich (R-OH) Rep. Steny H. Hoyer (D-MD) Rep. Louise McIntosh Slaughter (D-NY) Rep. Alcee L. Hastings (D-FL) Rep. Robert Aderholt (R-AL) Rep. Mike McIntyre (D-NC) Rep. Joseph R. Pitts (R-PA) Rep. Mike Pence (R-IN) Del. Eleanor Holmes Norton (D-DC)