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Upcoming Ukraine Parliamentary Elections Focus of Briefing
Friday, March 08, 2002

By Orest Deychakiwsky, CSCE Staff Advisor

The Helsinki Commission held a public briefing on February 27 which examined the upcoming Ukrainian parliamentary elections scheduled for March 31, 2002.

Commission Chief of Staff Ron McNamara noted commitments undertaken by the 55 OSCE participating States, including Ukraine, to build, consolidate and strengthen democracy as the only form of government for each of the nations. The reason for congressional interest in Ukraine which has been manifested by Senate and House resolutions introduced by a bipartisan group of Helsinki Commissioners, he observed, is “because an independent, secure, democratic, economically stable Ukraine is important, and we want to encourage Ukraine in realizing its own goal of integration into Europe.” The measures call for Ukraine to ensure a democratic, transparent and fair election process.

McNamara underscored the potential impact of the elections, “The parliamentary elections, along with local elections taking place on the same day, will chart Ukraine's course over the next four years, including on the presidential elections scheduled for 2004.”

Three experts – former U.S. Ambassador to Ukraine William Green Miller, Ambassador Nelson Ledsky of the National Democratic Institute (NDI) and Stephen Nix of the International Republican Institute (IRI) – addressed both positive and negative features of the election process and campaign. All three highlighted the importance of these elections being free and fair.

Ambassador Miller stated: “This election is a crucial election. And it’s very important for Ukraine, for its government, for its system of governance, to have as free and fair an election as possible. It’s crucial to its international reputation and to the dignity of its own people.”

Ambassador Miller described the roles of the various blocs running for the elections, observing that – based on what the polls indicate at this point – the probable outcome reflects the reality of Ukrainian politics in 2002. He did note problem areas, stating that the smaller parties of Yulia Tymoshenko and Oleksandr Moroz are the ones to watch, “...and that’s where much of the pressure on preventing their crossing the four percent threshold will be evident.” These two parties are in open opposition to President Leonid Kuchma.

The issue in the next month, according to Miller, is “whether the shortcomings that have been identified by various people – Ukrainians and sympathetic foreigners – will be attended to. But, I would say, given the complexion of the polling now, there is very little that can be done to alter what seems to be the likely outcome.”

Ambassador Ledsky pointed to pre-election violations documented by the Committee of Voters of Ukraine (CVU) over the last four months which fall into two broad categories – one relating to access to the media and coverage of the elections and the second to the misuse of administrative resources as part of the campaign process. Violations with respect to administrative resources include: government spaces being used for campaign purposes, which is contrary to Ukrainian law; public employees working on political campaigns and citizens pressured to join parties and blocs; the interference of government authorities in campaigning; and the denial by officials of public facilities and services to candidates, parties and blocs. (On election day, the CVU is aiming to field 20,000 observers which would complement the OSCE observation effort which will likely include over 250 international observers.)

Ledsky also emphasized “two distinct contests” going on in Ukraine – the first is the contest for the 225 proportional representation seats in which the parties vying need to surpass the four percent threshold. The second contest is for the 225 single mandate seats. “And here,” said Ambassador Ledsky, “what we are seeing is that the battle is going on behind the scenes in each district, in each oblast, in each constituency. There, administrative resources are being used illegally and with subtlety to make sure that the single mandate seats move in one direction.”

In response to a question about Russian involvement, Ambassador Ledsky noted the “more extensive, more prominent, more visible” level of Russian involvement in this campaign. He underscored the importance of the elections, stating, “We believe very fervently that a correction in the course of the last two or three elections is very badly needed to put Ukraine back on the democratic path.”

Mr. Nix, focusing his remarks on procedural, administrative and legal issues surrounding the elections, praised the new elections law passed by the Verkhovna Rada (parliament) as being “very progressive and a huge improvement over previous law.” Current election law provides dual remedies, both administrative and legal; if a similar complaint is filed both with the administrative agency and with the courts, the court shall issue a stay. Focusing on how election-related disputes will be handled, Mr. Nix expressed concern – based on IRI’s recent pre-election assessment mission to Ukraine – that many judges did not appear to understand “... that they had the right, in fact the duty, to take jurisdiction of these cases and order the administrative actions to cease.”

Mr. Nix observed that a key difference in this election is that political parties now largely staff constituency (district) election commissions and, to a lesser extent, polling station (precinct) commissions – this can be a deterrent to fraud – and noted IRI’s role in training members of these commissions. While parties for the most part have placed people on the polling station commissions, there is concern that some areas in rural villages are not covered, concluding that places in which parties are not represented have “to be a big focus of the monitoring effort.”

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    In July 2017, Belarus hosted the OSCE Parliamentary Assembly (PA) Annual Session.  However, two decades ago, the OSCE PA refused to even recognize the legitimacy of Belarus’ putative elected representatives.  What has changed? Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, Scott Rauland, Senior State Department Advisor, and Michael Newton, Intern

  • Parliamentarians and Commissioners Discuss Europe’s Changing Landscape and BREXIT

    By Mischa Thompson, Policy Advisor As part of a week of activities, top European legislators participated in a Capitol Hill event hosted by Helsinki Commissioners Representatives Gwen Moore (WI-04), Sheila Jackson Lee (TX-18), and Alcee L. Hastings (FL-20) on the potentially far-reaching impact of BREXIT and several European elections for the 57 North American and European countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE).   Member of the European Parliament and former Italian Integeration Minister Cecile Kyenge launched the event with the assertion that the United Kingdom’s June 23, 2016 decision to leave the European Union (EU)—often described as BREXIT—“shook the European Project to its core with the unprecedented case of [a] Member State parting from the EU.”  Beyond BREXIT testing the EU, she also said it was a test for EU values.  Reminding the audience that “the motto of the EU is ‘United in Diversity’ [and] its significance in Europeans coming together for peace and prosperity [across cultures],” she also noted how BREXIT had divided communities throughout the EU. Building on these remarks, Commissioner Representative Sheila Jackson Lee highlighted the global leadership role the UK has played in human rights and asked the European delegation how BREXIT might impact this role going forward. UK Parliamentarian David Lammy noted that the BREXIT vote was an extraordinary break from the past.  “The British put politics before the economy [to] end the free movement of people across Europe,” he stated.  “BREXIT will lead to economic decline in the short to medium term [and] will not lead to an end to immigration […] because when Britain goes to negotiate free trade agreements with [for example]  India, the first thing they will say is they want visas for their people to come to the UK […]  We will be trading immigration from Eastern Europe from other parts of the […] Commonwealth.”  He also acknowledged that while a “UK-US FTA (free trade agreement) is being discussed,” an agreement could have negative implications for the British on issues from the “National Health Service [to] genetically modified foods and crops.” Observing that BREXIT was part of a long-standing conversation on immigration, refugees, and the economy of the European Union, Swedish Parliamentarian Momodou Jallow said, “Europe has an aging population and that means we need as many people as possible with the competencies we need to sustain the living conditions we created.”  Critical to sustaining European economies and standards of living, he highlighted the importance of “creat[ing] conditions for people to come work [under] the same labor conditions as Swedes and the need for social investments so all can work, pay taxes, [and] for a better society.”   “Policymakers have to do better to explain there is no conflict to have everyone work and maintain the living conditions we have created,” he stated.  He also raised the EU’s history of defending human rights and challenges to that image during the current refugee crisis. Noting that Britain has a need for trained adult workers “to scale up its workforce” in addition to a huge regional problem with wealth and power being centralized in London and resources not being adequately distributed throughout the country, Lammy said, “We should blame successive domestic governments for this failure in those communities.  The EU was giving us little bits of substantive money to actually make things easier for people [in other regions].  Unfortunately, we could see the breakup of the UK,” he lamented. Despite the uncertainty presented by BREXIT, Commissioners Representatives Sheila Jackson Lee and Gwen Moore vowed to continue transatlantic cooperation.  Closing remarks by Representative Moore reminded participants of the role in global security and leadership the UK has played including in human rights and the continuing importance of U.S. civil rights leaders working with civil society across the Atlantic.  “We are concerned and wondering about the global implications BREXIT has for human rights,” she said.   In the spirit of accountability and transparency “It is important for us to remain citizens and partners,” she said. In addition to meetings with representatives of the U.S. government, private sector, and civil society, the European delegation also spoke at the Congressional Black Caucus Foundation’s Annual Legislative Conference. For more information on the Transatlantic Minority Political Leadership Conference, download the full report.

  • The Internal Enemy

    Ukraine’s struggle with corruption has prevented it from becoming a full, prosperous democracy and hinders its ability to respond effectively to Russian violations of its sovereignty. This Helsinki Commission staff report examines why corruption has been so persistent in Ukraine. It provides a historical analysis of corruption in Ukraine from its break with the Soviet system to today, reviewing the current state of reforms and providing recommendations in context. The resilience and influence of Ukraine’s oligarchs are at the heart of the country’s persistent corruption. Oligarchs have captured the Ukrainian state, crowding out non-corrupt political parties and competing with one another to steal Ukraine’s wealth. They are not so much businesspeople as courtiers, who transform political and personal connections into monopolies supported by the state. Two phenomena in particular have given rise to this system of oligarchic competition: (1) the lack of reforms in the early years of independent Ukraine, which resulted in incomplete economic liberalization, and (2) gas arbitrage, which has been uniquely devastating to reform attempts due to building so many oligarchic fortunes and providing a backdoor for Russia to influence Ukrainian politics for decades. Today’s Ukraine has implemented many important reforms that have helped to counter corruption, specifically in energy, finance, and economics. However, judicial reforms continue to lag behind. Commentators have observed that progress has slowed and frustration among civil society and the international community has increased. This report recommends that Ukraine move forward with remaining reforms, supported by both civil society and the international community. Most important is that Ukraine not allow backsliding to occur.  Ultimately, the oligarchs must be transformed from courtiers into entrepreneurs and businesspeople so as to finally end the pervasive institutionalized corruption. An empowered Ukrainian civil society—including independent media—will be paramount to such reforms, and has proven time and again that it is world class in its engagement. Key here is to condemn any attempt to hinder or harm civil society. The report makes numerous recommendations by sector, with an emphasis on the importance of reforming the judiciary. In particular, Ukraine should establish an anticorruption court as soon as possible, so as to provide the final necessary piece of Ukraine’s anticorruption architecture. Additional reform areas discussed include the safeguarding and further empowering of the anticorruption architecture; implementing privatization and additional regulatory and corporate governance reform as the next step for energy sector reform; pursuing consolidation and transparency as ideas for banking sector reform; and limiting parliamentary immunity. This report also discusses greater e-government and press freedom as mechanisms to empower Ukrainian civil society, including independent media, to monitor the reform process and prevent backsliding. Finally, it encourages the international community to continue its support for Ukraine and dig in for the long haul. Download the full report. This report was drafted by Helsinki Commission staff. Paul Massaro, Policy Advisor, served as lead author.  

  • Kyrgyzstan election: A historic vote, but is it fair?

    For the first time in the history of Kyrgyzstan, an elected president is due to peacefully hand over power after elections take place on Sunday. But critics say the political environment in Central Asia's "island of democracy" is deteriorating. Here's a look at the issues there - and who's likely to come out on top. Elections in Central Asia are usually easily predictable - the incumbent or the ruling party's candidate wins the vote with an overwhelming majority. But the vote in Kyrgyzstan offers a real competition and choice. Nearly 60 people applied to run in the race, 13 of whom were registered to stand. Two later dropped out. The incumbent, President Almazbek Atambayev, must leave office after six years. Under the Kyrgyz constitution, he may only serve one term. In neighbouring states, laws have often been changed to allow the incumbent to run again but this did not happen in Kyrgyzstan. President Atambayev also promised not to go for the prime minister's job in order to stay in power. Although one of the main candidates - Sooronbay Jeenbekov - is from the president's party, he is not guaranteed to win the vote. He faces a strong opponent - Omurbek Babanov, a prominent businessman and a former prime minister. Some candidates made the unusual move of endorsing their opponents after the campaign started. Experts say that they went through all the trouble of getting into the race in order to increase their political influence. They try to build a greater support base, which they use to negotiate a favourable deal with stronger candidates before pulling out of the race. Politicians can easily change sides, because it's not ideology or a political platform but their own personality that they use to appeal to the voters. Observers say that over the last couple of years the political climate in Kyrgyzstan has been deteriorating. The Helsinki Commission wrote that "the vote takes place amid mounting concerns of democratic backsliding, particularly regarding the government's treatment of political opposition, civil society and human rights defenders". President Atambayev has demonstrated increasing intolerance to criticism. The Sentyabr TV station which opposed him was closed last year for extremism, and activists say that there were blatant procedural violations during the trial. Several popular independent media outlets were sued and heavily fined for insulting the president. The government also tried to intimidate critics on social media. Security services identified Facebook users who criticised the president, and gave them warnings. Several political opponents of President Atambayev have also been sent to prison. Earlier this year, leaders of the opposition People's Parliament movement were jailed for allegedly plotting a coup. Omurbek Tekebayev, a former ally of President Atambayev who turned into a prominent critic, was sentenced to eight years in prison for corruption and fraud and subsequently barred from running for the presidency. Experts saw this case as politically motivated. The atmosphere got particularly tense following a major diplomatic spat between Kazakhstan and Kyrgyzstan. It started last month after a meeting between the president of neighbouring Kazakhstan, Nursultan Nazarbayev, and Mr Babanov. In an unusually harsh speech, President Atambayev accused his Kazakh counterpart of interfering in Kyrgyzstan's affairs, and warned them of worse to come. "I will speak differently if our neighbours don't come to their senses," he said. Since the beginning of the campaign, there have been numerous reports of violations by various candidates. There have been reports of people going house-to-house with a list of names and addresses and offering money to citizens if they vote for Mr Jeenbekov. Mr Babanov was also accused of vote-buying, and the Central Elections Committee issued him three warnings for violation of campaign rules. The Babanov team complained that security services were putting pressure on their candidate by recording their meetings and conversations and arresting his supporters. An influential MP, Kanatbek Isakov, was detained and charged with an attempt to organise a coup. Security services denied any political motive for the arrest, but Mr Babanov said that Mr Isakov had been arrested because he endorsed him. Despite all this, many voters feel encouraged by the fact that there are several strong candidates. In their view, this will ensure that the outcome is not rigged. "Our politicians know that the people will rise if there are serious violations, so they won't go into that," said one voter in the second city, Osh. Kyrgyzstan has experienced two major uprisings that ousted presidents in the past. And in both cases, rigged elections fuelled the protest mood.    

  • Systematic Attacks on Journalists in Russia and Other Post-Soviet States

    Representative Steve Chabot, Co-Chair of the House Freedom of the Press Caucus, opened the briefing with a statement highlighting the importance of a free and independent press in Russia and Eastern Europe, saying that it was more important now than ever to counter an increasingly bold Vladimir Putin and the spread of Kremlin-backed media. The Congressman affirmed support for the Broadcasting Board of Governors and how their work helps foster a greater independent press in the region. Jordan Warlick, U.S. Helsinki Commission staffer responsible for freedom of the media, introduced the panelists: Thomas Kent, President of Radio Free Europe/Radio Liberty (RFE/RL); Amanda Bennett, Director of Voice of America (VOA); Nina Ognianova, Coordinator for Europe and Central Asia at the Committee to Protect Journalists; and Karina Orlova, Washington correspondent for Echo of Moscow. Thomas Kent summarized the work and reach of RFE/RL in Russia and the former Soviet Union. He outlined the pressures that RFE/RL journalists face in the region covering the issues that matter to local people. Kent described the plight of several RFE/RL journalists who have been either attacked or detained due to their work, including Mykola Semena in Russian-occupied Crimea and Mykhailo Tkach in Ukraine. He added that reporting on corruption is often the most likely cause for attacks on journalists and that social media has expanded the reach of journalists work in the region. Amanda Bennett discussed the work of Voice of America in the region and its efforts to expand freedom of speech in the region. She outlined the vast audience of VOA broadcasting and emphasized that the Russian government has directly attacked VOA reporters. Bennett stated that VOA’s mission in Russia and the former Soviet Union, as with other regions around the world, was not only to provide high quality content to the audience and journalists alike, but also help foster an independent media, free from harassment. Representative Adam Schiff, Co-Chair of the House Freedom of the Press Caucus, gave remarks about the importance of an independent media in the former Soviet Union. He noted that journalists are often the first to suffer a backlash from authorities, as they investigate and report on issues that regimes do not want to draw attention to. Representative Schiff told the panel that he, along with then-Congressman Mike Pence, reestablished the House Freedom of the Press Caucus not long before the murder of Russian journalist Anna Politkovskaya in 2006. He thanked the panelists for the work to not only highlight attacks and harassment against journalists in the region, but also their efforts to protect and assist them and to further press freedom. Nina Ognianova highlighted numerous cases that the Committee to Protect Journalists had worked on in recent months with specific discussion of the situations in Russia, Ukraine, Azerbaijan, and Kyrgyzstan. Ognianova detailed the case of the harassment and temporary flight of Russian reporter Elena Milashina following her work on the torture and murder of gay men in Chechnya. Also listed were the cases of Belarus-born journalist Pavel Sheremet, who was killed in a car bombing in Kyiv in July 2016, the abduction and detention of Azerbaijani journalist Afgan Mukhtarli for his investigation of President Ilham Aliyev’s assets in Georgia, and the concerning claims of slander against journalists by the Kyrgyz President Almazbek Atambayev. Providing the audience with a firsthand perspective, Karina Orlova described her decision to flee Russia due to her work as a journalist. Karina spoke of how her Radio Echo of Moscow talk show garnered unfavorable attention from Chechens, following discussion of the Charlie Hebdo attacks on 7 January, 2015, and the magazine’s depiction of the prophet Muhammad. Ramzan Kadyrov directly threatened her station and her editor, Alexey Venediktov, right after the show. She detailed threatening phone calls from self-described Chechens her that labeled her as an enemy of the state. Karina raised other incidents of violence and intimidation against journalists, such as the attack on Oleg Kashin, which was directly ordered by the Governor of Pskov, and a lack of action to bring the perpetrators to justice. She also spoke of censorship by the Russian authorities, particularly towards any journalists that refer to the annexation of Crimea. Karina emphasized that sanctions against the Russian state and elite are working, despite claims to the contrary. Although some journalists are unfortunately forced to self-censor due to safety concerns, Karina refuses to do so herself.

  • Helsinki Commission Advisor Observes German Elections in Berlin

    By Scott Rauland, State Department Senior Advisor On September 24, 2017, over 50 parliamentarians and staff from 25 countries fanned out across Germany as part of the OSCE Parliamentary Assembly (OSCE PA) team that was invited to observe German parliamentary elections.  This marked the first time that an OSCE PA Election Observation Mission (EOM) has deployed to Germany.  Although the OSCE PA does not have the resources to observe every election, the organization tries to be present in major elections that are politically important. I was pleased to represent the U.S. in that effort as the State Department’s Senior Advisor at the U.S. Helsinki Commission. Members of the OSCE PA team were briefed by German government officials, representatives of the major political parties, political analysts, and other experts in the two days leading up to the election.  On election day, members of the OSCE PA observation mission visited over 300 polling stations in Berlin, Munich, Hamburg, Cologne and Duesseldorf, just a fraction of the more than 90,000 polling stations located in Germany in 299 constituencies.  In a press conference held on September 25, George Tsereteli, the Special Coordinator for the EOM, noted, “Germany has once again demonstrated that its commitment to democracy is undiminished. Highly competitive and well-run, these elections were an opportunity for voters to express their choice in a process that benefits from and is based on broad trust among society.”  One sign of that trust was the almost complete absence of election observers from any of the participating political parties at the 14 polling stations my team visited in Berlin – all six major parties seemed to be relatively confident that the elections were being administered fairly. While the OSCE PA team was in Germany at the invitation of the German government, and although the public has the right to observe the voting process in Germany, my observation team was denied access to one of the polling stations we had hoped to observe.  That incident was thankfully the exception amongst the 300 polling stations visited by the OSCE PA EOM, but was a reminder that efforts to promote transparency in the conduct of elections must be ongoing, even in countries where the commitment to democratic elections is high. With more than 4,800 candidates running, and numerous strong political parties, Germany’s 61 million voters had a wide range of options to choose from. Women represented slightly less than 30 per cent of candidates, but played a prominent role in leadership positions in parties’ campaigns. “This was the first time we’ve deployed a full observer team to Germany, and the welcome of our mission by all German officials and political parties that we met is a positive signal that the country is ready to pay continued attention to democratic processes,” said EOM Head of Mission Isabel Santos. “Changing political cultures in many countries and new challenges such as cyber attacks mean that we must all dedicate time and effort to preserving democratic systems.”

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