FOR THE RECORD: PACE Monitoring Committee on Ukraine's forthcoming elections (07/04/04)

FOR THE RECORD

PACE Monitoring Committee on Ukraine's forthcoming elections

Following is the the text of a statement adopted on June 22 by the Monitoring Committee of the Parliamentary Assembly of the Council of Europe on the forthcoming presidential elections in Ukraine.

The October 31 elections are an opportunity for Ukraine to ensure full respect for the principles of pluralist democracy, human rights and the rule of law. A credible democratic election could reverse the current political trend in the country and give it a chance to anchor itself more firmly in the family of European democracies.

However, the information on the current pre-election environment by the committee's rapporteurs who recently returned from Ukraine is a cause for great concern. It should be recalled that, in January this year, the assembly asked the Ukrainian authorities to abstain from unconstitutional acts or actions and carry out free and fair presidential elections in October, or face a challenge to the credentials of the Ukrainian delegation and, possibly, questioning of the country's status as a member of the Council of Europe.

The committee believes that the ongoing constitutional reform, which is in principle highly needed, should be postponed until after the presidential election and then be conducted in a democratic and transparent manner, in strict compliance with the existing Constitution and taking into account the advice of the Venice Commission. In this regard, an opinion of the Venice Commission on the issue whether the process of amending the Constitution of Ukraine is in conformity with the assembly's resolutions 1346 (2003) and 1364 (2004) would be welcome.

The committee calls on the Ukrainian authorities to conduct the election process with absolute impartiality and respect for Council of Europe standards, to allow all candidates to compete on fair and equitable grounds.

Against the background of harassments of journalists and blatant violations of electoral standards which occurred during the recent local election in Mukachiv, as well as the absence of an appropriate official reaction to these events, the committee calls on the Ukrainian authorities to carry out a credible investigation and, if justified, sanctions of the incidents. They should also fully commit themselves to prevent any such violations in the future.

The recently adopted law with amendments concerning state secrets protection (#1703-IV), the controversial provisions in the new Civil Code and administrative practices which restrict the freedom of information and amount to censorship should be urgently abolished.

The transformation of the state television company into a genuinely independent public broadcaster should be accelerated. The organization of live televised debates between candidates for presidency on state-owned and private channels would help to make the electoral process fair and equitable.

The Ukrainian authorities should clarify and improve the status of domestic observers and candidates' representatives in all the phases of the electoral process, and facilitate a large-scale deployment of international observers.

Voters' lists should be updated and the Ukrainians living abroad (almost 15 percent of the total population) should be given a chance to vote. The composition of electoral commissions at all levels should respect a fair balance between political parties.

The committee reiterates the call made by the assembly last January for the immediate appointment of a special representative of the secretary general of the Council of Europe to assist the Ukrainian authorities in the preparation of the elections. It regrets that this appointment has not yet taken place.

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