FOR THE RECORD: NDI statement on Ukraine's elections (03/17/02)

FOR THE RECORD: NDI statement on Ukraine's elections

This statement released in Kyiv, on February 17, was offered by an international pre-election delegation headed by National Democratic Institute (NDI) Chairman and former U.S. Secretary of State Madeleine K. Albright. The delegation included: NDI President Kenneth Wollack; former U.S. Rep. Sam Gejdenson; former U.S. Ambassador to Ukraine William Green Miller; a former assistant secretary-general of the United Nations, Cedric Thornberry; the director of Georgetown University's Institute for the Study of Diplomacy, Casimir Yost; a former advisor to the president of the National Assembly of Slovenia, Mjusa Sever; international trade consultant Robin Carnahan; and NDI Senior Advisor Laura Jewett.

Summary

At this moment, it is unclear whether the March 31 elections will mark a step forward for Ukraine's democratic future. Despite significant improvements in the election law, the delegation is concerned about how those laws are being applied. Most significantly, the delegation observed or received credible reports of intimidation of journalists, denial of access to the media, unbalanced news coverage, abuse of power and illegal use of public funds and facilities. Immediate steps need to be taken, primarily by government authorities, to reverse the historical trend of seriously flawed elections in Ukraine and to build public confidence in the country's political system.

A strong, independent, democratic and prosperous Ukraine is vital not only to the citizens of the country, but to the stability and development of the entire region. Therefore, the election process, as a means to advance and deepen democracy, has drawn the attention of the international community. Ukrainians with whom the delegation met defined the conduct of these elections as pivotal for Ukraine and a determinant of its place in the community of democracies.

The delegation and its work

The purposes of NDI's multinational delegation are to demonstrate the international community's interest and support for a genuine democratic election process in Ukraine, and report on the environment surrounding the March 31, 2002, parliamentary and local elections, and preparations for the polls.

The delegation conducted more than 70 meetings in different regions of the country. These included meetings with government officials at all levels, including President Leonid Kuchma, election officials, leaders of political parties, candidates, and representatives of the news media and civic organizations. The delegation would like to express its appreciation to all those with whom it met for their warm reception and for sharing their insights.

The methodology of NDI for monitoring elections is based on the premise that all aspects of the process must be considered to accurately assess an election. This includes the period leading up to election day and the broader political environment in which an election takes place. At the same time, NDI recognizes that it is ultimately the people of Ukraine who will judge the conduct of the elections and the nature of the mandate they provide.

NDI has conducted similar pre-election missions in dozens of countries in every region of the world. The institute has been working in Ukraine since 1992 to support the development of democratic processes and institutions. The Ukrainian government, political parties and civic organizations have welcomed this and other international observer efforts.

Background

Ukraine's presidential election in 1994 resulted in a peaceful transfer of power. Unfortunately, subsequent elections were increasingly marred by procedural irregularities and violations of political rights that called into question the integrity of the process. The international community and local observers noted that the 1998 parliamentary elections and the 1999 presidential elections were characterized by politically motivated violence and intimidation, media bias and abuse of public office, and legal and administrative problems. The integrity of the 2000 referendum was called into particular question by falsified signatures, abuses of early voting and inflated voter turnout.

The electoral history has undermined public confidence in the country's political processes. This is reflected in recent public opinion polls showing that there are more people who believe the upcoming elections will be unfair than people who believe they will be fair.

International experience demonstrates that in countries where doubts have been raised about the conduct of elections in the past, as is the case in Ukraine, it is necessary to take extraordinary steps to build or restore public trust in the process. Confidence in the electoral system and the perception of its fairness are as important as the letter of the law.

Observations

The 2002 parliamentary election law incorporates a number of positive changes that provide opportunities for a more democratic electoral process. It spells out rights for party, candidate and international observers. It provides for multi-party representation on election commissions. It calls for equal opportunities for all electoral contestants and equal access for them to the media. It sets rules for posting protocols of results at polling stations. It outlines rights of appeal and specifies administrative penalties for violations.

Regrettably, the opportunities created by these legal changes are not being realized in a number of significant areas, and the election law still fails to meet Ukraine's international commitments in at least one important respect: the right of citizens to act as nonpartisan domestic monitors on election day. The delegation was most concerned about the following violations of the letter and spirit of the law.

Access to the news media and coverage of the election

Some media outlets, critical of government or business interests, have been subjected to harassment, including financial investigations, and abrupt suspension of licenses.
Journalists have been subjected to intimidation and violence.
The state-controlled media have demonstrated a pro-government bias.
Candidates have been denied the opportunity to purchase paid advertising time.

The use of "administrative resources"

The term "administrative resources," which is widely used in Ukraine, is meant to describe abuses of power and illegal expenditure of public funds by government authorities.

Government spaces have been used for campaign purposes.
Public employees have been working on political campaigns and citizens have been pressured to join parties or blocs, or to work for certain candidates.
Government authorities have interfered in campaigns; government authorities have denied public facilities and services to candidates, parties or blocs.

These problems undermine the perceived independence of those overseeing election procedures, advantage some participants over others and deny voters the information and freedom required to make informed political decisions.

Recommendations

Reflecting its discussions with Ukrainians, and in the spirit of international cooperation, the delegation would offer recommendations to help improve the prospects for credible elections on March 31. Beyond the legal framework, political will is now necessary to create a democratic environment in the remaining weeks of the campaign.

The responsibility for addressing many of the problems outlined above lies disproportionately with government authorities. They must use all means at their disposal to educate employees at all levels about their responsibilities under the election law. They should compel government officials and state institutions, including the state-run media, to comply with the letter and spirit of provisions of the law that require strict impartiality toward all political parties, blocs and candidates, that prohibit interference with the election process and that bar the use of state resources for the advantage of particular electoral contestants. They should investigate expeditiously all credible reports of improprieties and violations, and be prepared to impose swift disciplinary action.

Additionally, candidates, political parties and blocs, civic groups and individual citizens should make use of electoral complaint mechanisms to bring matters before appropriate law enforcement bodies for prompt review and resolution. They should work cooperatively, along with government authorities, to support the work of journalists to combat an environment of fear and intimidation.

The delegation noted significant confusion surrounding the new election law and procedures in meetings at the district level. We recognize that it is early in the campaign period and many planned training and education programs are not yet under way. Nevertheless, poorly administered elections can create opportunities for misconduct. Given the new law and the number of elections taking place on March 31, the Central Election Commission and relevant NGOs should redouble their efforts to train and support commissioners and poll-watchers so they can fulfill their duties professionally and efficiently.

Conclusion

The delegation was inspired by the dedication and engagement of many party activists and candidates, who have sought to offer voters a range of choices. Equally impressive has been the work of civic activists, who have sought to promote and protect the integrity of the election process. In particular, the long-term observer effort by the Committee of Voters of Ukraine has made an important contribution to the understanding of challenges that must be overcome prior to election day. The work of NGOs to educate the citizenry, solve local problems, shape national policies and hold their elected representatives accountable contributes measurably to the political life of the country. These political and civic activists have sought to offer voters a real choice and to protect the integrity of the process. They represent the greatest hope for Ukraine's democratic future.

An election that allows parties and candidates to compete on a level playing field, gives voters the news and information they need to make informed decisions, and provides citizens with confidence that their ballots will be counted accurately would provide the foundation for public trust in government and would signal a clear commitment to a democratic course for Ukraine.

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