COMMITTEE OF VOTERS OF UKRAINE LONG TERM OBSERVATION REPORT ON THE 2002 PARLIAMENTARY ELECTIONS JANUARY 2002

Transcription

1 COMMITTEE OF VOTERS OF UKRAINE LONG TERM OBSERVATION REPORT ON THE 2002 PARLIAMENTARY ELECTIONS JANUARY 2002 SUMMARY In October 2001, the Committee of Voters of Ukraine (CVU) began its long-term observation of the 2002 parliamentary election process. CVU is a non-partisan citizens election monitoring organization with 160 branches throughout Ukraine. CVU will report regularly until the March 31, 2002 elections. In January, 50 long-term observers visited 577 cities and 679 political party branches, and attended 418 events conducted by political groups. CVU found that the violations of the election process increased both in number and in variety compared to December. In previous months, CVU monitored violations of fundamental political freedoms and human rights. With the official start of the campaign period on December 31 st, 2001, the meaning of the term violation now also includes contraventions of Ukrainian election legislation. Each time a problem was reported to an observer, the head of the regional CVU organization called the individual making the report to verify it and obtain details. In many cases, people are reluctant to talk about violations, fearing retribution from their employers or others. The main violations recorded by CVU in January were: Open election campaigning, by all political forces, in contravention of the election law; Campaigning by state officials or use of state resources to support favored political candidates and groups; Government pressure on some political parties, candidates, and media outlets; Poor administration in the formation of district election commissions and in their subsequent activities; Free goods and services given to sway voters; Isolated cases of violence against journalists and political party activists. CVU noted no instances where violators of the law were punished. Part of the blame for this lies with the candidates, parties, and citizens whose rights have been infringed. CVU has been surprised and disappointed to note that very few complaints have been lodged with election commissions and the courts.

2 MAJOR FINDINGS Illegal Campaigning Ukrainian law prohibits the conduct of an election campaign more than 50 days prior to election day (Law on Elections of People s Deputies of Ukraine, Articles 50 and 51). For the March 31 st parliamentary elections, February 9 th marks the first day that parties and candidates can campaign legally. In practice, however, most parties and candidates were actively campaigning for public support throughout the month of January. These activities represented the most common and widespread violation that CVU observers witnessed. The imprecision of the election law which does not define election campaigning contributed substantially to this situation. Faced with a vague law, state authorities ignored almost all these violations. The number of cases of open election campaigning is large and varied. Although virtually all political blocs and parties were active, those supported by state officials were the most common perpetrators. Partisan Involvement by Local and National Executive Branch Officials Apart from the many instances of illegal campaigning, partisan interference by executive branch officials into the election process constitutes the most common violation in January. The number of these cases does not appear to be falling. Such involvement is in direct contravention of the election law, which requires impartial treatment of parties (blocs) and candidates by bodies of state power, bodies of local self-government, their officials and officers, and head of enterprises, institutions, and organizations. [Article ] The most serious violations involve the expression of support by powerful executive branch officials for selected candidates or parties. These comments are usually followed by recommendations to subordinates to follow suit. In other cases, favored candidates or parties are given access to state resources, such as transportation, office space, and media. The majority of these violations involve the bloc Za EDU and its candidates in single mandate constituencies. During January, CVU observers relatively more cases of state involvement on behalf of single mandate candidates rather than for party lists. Social Democrats (United) 9% Beneficiaries of State Assistance "Yednist'" ("Unity") 9% "Women for the Future" 6% Others 6% "Za EDU" 70% Ukrainian legislation permits state officials to stand as partisan political candidates. It is, nonetheless, illegal for them to use state property to campaign. To avoid confusion, CVU has recorded only those cases where such candidates have explicitly used state resources on their own behalf. 2

3 Some examples: Vinnytsa oblast: Senior oblast officials (Deputy Governor S. Tatusyak, Deputy Governor V. Gavryluik, and V. Cherniy, Director of Agriculture) have been using their official position to campaign on behalf of the bloc Za EDU, in which they hold leadership positions. Free commercials have been produced by the state-owned Vinnysta television station and VITA agency. These three officials campaign for their bloc during staff meetings and make use of official transportation for partisan activities. Dnipropetrovsk oblast: Most educational institutions received a formal recommendation of the oblast administration for students and teachers to prepare placards with such messages as For United Sovereign Ukraine, For Sovereign Ukraine, For United Ukraine. Ivano-Frankivsk oblast: Deputy Governor Shkriblyak has been using official transportation to travel around constituency # 90, asking people to vote for him and disseminating calendars with his portrait. Zakarpatie oblast: A senior official of Tyachivska rayon administration, V. Kushilka, encouraged his deputies to work for the authorities of the election bloc Za EDU. In turn, they made similar statements of support for the bloc. Zakarpatie oblast: Genadiy Moskal, the governor, appealed to his deputies to support independent candidate Vasyl Durdynets, the Minister of Emergency Situations. The governor s remarks surprised his colleagues since he had earlier spoken out in favor of Stepan Bobyk, head of Irshavska rayon state administration. They had already been actively supporting him. Rivne oblast: On January 10 th, at the session of the oblast council, its leader, D. Korylkevych, expressed support for independent candidate I. Bakay saying: We need to chose such deputies whom we can turn to and solve problems of our oblast. I wish we had more people like Bakay. Kyiv oblast. O. Kovalenko, deputy head of Khmelnitsy rayon state administration, is the director of the headquarters of the candidate M. Petrenko of Za EDU. The campaign s headquarters is housed in a government building and Kovalenko has been using official transportation for his political work. Chernihiv oblast: Governor Vasyl Kovalyov, speaking at a meeting of the oblast administration said: We must prove that our oblast administration is able to chose people who are needed both for local authorities and in the parliament. We have to come up with the right candidates, we have to draw the line. I don t care what they say about us. Kharkiv oblast: State officials have been staffing the office of the election bloc Za EDU and meeting with voters. Local Executive Branch Pressure on Some Political Parties, Candidates and Mass Media CVU observed a number of cases of executive branch pressure being put on selected political movements and media outlets. Crimea: The antimonopoly committee of the Crimean territorial government has begun intrusive inspections of the private television and radio channels Zhisa, and the state television and radio channels Krym. The committee has further announced that it plans to inspect the private television channels Chornomorska, Yalta-TV, Visit, Feodosia, Kerch. Many observers see this campaign as politically motivated. For instance, Anatoliy Sivachenko, national representative on TV and radio issues in Crimea, 3

4 wrote a letter to the head of the central antimonopoly committee, Olena Asmolova, calling attention to the inappropriate use of anti-monopoly measures in the midst of an election campaign. Chernivtsi oblast: Deputy Governor B. Rusnak has decreed that, for the duration of the campaign, parties and candidates are forbidden to meet with voters without the permission of rayon state administrations. Kharkiv oblast: V. Ivanov, interim mayor of Izuim, suggested to representatives of Batkivshyna, Our Ukraine and the Socialist party that they not run for the mayoralty. Ivanov said that a person with a great experience already existed: B. Sidora, National Democratic Party member and head of Izuim rayon state administration. Kharkiv oblast: V. Slabunov, a prospective candidate to the oblast council from Batkivshyna bloc, was warned by local authorities to abandon his campaign and eventually refused registration as a candidate. Chernivtsi oblast: Ivan Popesku, director of Gertsaiv rayon library, was fired for opposition political activities. Cherkasy oblast: Leonid Polyovyi, head of the village council was prevented from running for the local council and eventually forced to leave his post by the rayon administration. A member of the Democratic Party, Polyovyi defied requests to join Social Democratic Party (United). Poor Administration in District Election Commissions The process of forming district election commissions was generally marked by indifference, sloppy procedures, and a weak application of the law. After their formation, the CEC received appeals from dozens of members saying they had been appointed without their consent. As a result, CEC set free 54 members of district commissions, including 4 commission heads and 8 deputies, from a variety of parties. More seriously, administrative inattention has led to a situation where the blocs Our Ukraine and Za EDU illegally hold a number of leadership positions on the commissions. According to the election law (Article 20), the commission head, deputy and secretary cannot be representatives of the same party or bloc. District election commissions were formed before the blocs Za EDU and Our Ukraine themselves were established, leading to a situation where the leaders of several commissions represent different parties but all are members of a single bloc. For instance: Crimea: The head and deputy head of commission #3 both represent the bloc Za EDU Volyn oblast: All three leaders of commission #23 represent Our Ukraine. Lviv oblast: In one commission (#117) two leaders represent Our Ukraine, in three others (#122, 123 & 126), Za EDU. Odesa oblast: The deputy head and secretary of commission #138 represent Our Ukraine. Kherson oblast: The commission head and secretary in constituency #184 are representatives of Our Ukraine. Donetsk oblast: In the constituency # 59, one person represents two different parties. 4

5 Once formed, many of the district commissions did not observe proper administrative procedures in their initial meetings. Often, commissions met later than they were supposed to under the law (January 11 th ) and minutes were not kept. In some cases, state officials were also present. This is forbidden under the election law. Goods and Services to Voters Compared with December, CVU witnessed fewer cases of voters being given small goods and services by political groups. Nonetheless, the number of such cases is still very high. All are prohibited by the election law: Conducting of election campaigns accompanied by giving-out of money or by free or preferential distribution of commodities, services, works, securities, credits, lotteries or any other material values shall be prohibited [Article 56.6]. A few illustrative examples: Donetsk oblast: Parliamentary candidate M. Yankovsky and mayor V Rogachev gave away first medical aid kids, vitamins, and sweets to the public. In January, Yankovsky funded the installation of telephones in a remote village. Kharkiv oblast: O. Bandurka, a candidate, gave 50,000 gryvna ($9400) for gas installation in the villages of Borisivka and Vesele. Cherkasy oblast: Deputy governor Tereshuk, a Za EDU parliamentary candidate, visited the city hospital and gave away medications to patients. Cherkasy oblast: Parliamentary candidate M. Onufriychuk and the representatives of the charity foundation For Spirituality granted people who live in that district modern medical equipment worth 109 gryvnia ($20) each. In Talny, Onufriychuk gave a computer and copying machine to the rayon Department of Work and Social protection. Violence Unfortunately, in January the number of the attacks on journalists and political party activists increased. The attacks themselves and the trend are worrisome, but, so far, this is a marginal phenomenon. Zaporizzhie oblast: The chief editor of the newspaper Business Berdyansk, Tetiana Goryacheva, was beaten and hospitalized. Her newspaper has offended influential people of the town and Goryacheva had been threatened in the past. Kirovohrad oblast: A member of Our Ukraine bloc Grygoriy Kovalchuk was beaten up. This is the third attack on him. In the same city on January 25 th, the oblast coordinator of the Ukrainian Youth bloc, Dmytro Kosartenko, was also attacked. Lviv oblast: The leader of rayon headquarters of the bloc Our Ukraine, Bogdan Glova, was beaten up by two unknown people, who threatened him and demanded he abandon his election activities. Kherson oblast: On January 19 th, a chief editor of TV news channel Makalova was beaten up. RECOMMENDATIONS Government authorities should maintain a position of strict neutrality towards political blocs and candidates. Those displaying partisanship should be disciplined; 5

6 Those state officials who are participating in the election as candidates should follow President Kuchma s recommendation and take a vacation from their jobs; The Central Election Commission should retro-actively alter the leadership of district election commission to ensure multi-partisanship and compliance with the law. It should further examine administrative procedures to ensure that similar problems to not occur in the formation of polling place commissions; Parties, candidates, and citizens should submit complaints of violations to the prosecutor s office; Foreign states and international organizations should be aware of the behavior of political groups, politicians and enterprises and should limit their contacts with those that violate principles of fair elections; Voters should refuse to support candidates who do not campaign fairly. 6