Pre-Election Delegation Statement to Ukraine

The delegation included Christine Todd Whitman, former Governor of New Jersey and Administrator of the U.S. Environmental Protection Agency, Fuat Keyman, Director of the Istanbul Policy Center, David McGuinty, Canadian Member of Parliament, Mátyás Eörsi, former Hungarian Member of Parliament, Laura Jewett, NDI Regional Director for Eurasia, and Kristina Wilfore, NDI Ukraine Country Director. The delegation's purposes were to accurately and impartially assess the electoral preparedness, review the broader political environment, examine factors that could affect the integrity of the electoral process, and offer recommendations to increase the prospect for credible elections and promote public confidence in the process. The delegation held meetings with candidates and representatives of parties participating in the election, central and district election commissions, the Presidential Administration, the Ministry of Foreign Affairs, domestic and international observer groups, journalists, the international and diplomatic communities, and civic groups. Ukraine has experienced a number of impressive democratic achievements over the past decade, but public confidence in political institutions, including elections, is now disturbingly low. Immediate and concerted measures are needed to address problems, real and perceived, that threaten to undermine the integrity of the October 28, 2012 parliamentary elections. These issues relate to the legal framework, district boundaries, election commissions, the voter registry, intimidation of voters, abuse of administrative resources, procedures for complaints and adjudication, web cameras in polling stations, the media and campaign environments, women's participation, and election observation. The pre-election delegation noted with appreciation changes to the election law giving nonpartisan domestic organizations rights to monitor election procedures and submit complaints. The government and election authorities have made concerted efforts to encourage international observation and welcome such missions. Domestic and international groups report that the Central Election Commission (CEC) has provided greater access to both observers and the media to its meetings. The campaign has been largely peaceful to date. Recent public opinion research shows that a majority of Ukrainians think that these elections will not meet the democratic standards invoked by the President. Further, the 2011 prosecution and imprisonment of former Prime Minister Yulia Tymoshenko and former Internal Affairs Minister Yuri Lutsenko have raised grave concerns in Ukraine and abroad that the government is selectively prosecuting its political opponents and has contributed to declining confidence in political institutions. Under these conditions, Ukrainian authorities face a high threshold for regaining public trust. The delegation's findings are informed by NDI's ongoing work in Ukraine and that of other credible sources, such as Opora, the European Network of Election Monitoring Organizations (ENEMO), and the election observation efforts of the OSCE/ODIHR. The Institute is supporting the efforts of both Opora and ENEMO. NDI has deployed a team of long-term analysts to follow up on the delegation's findings and recommendations and monitor procedures through election day and the post-election period. The delegation wishes to express its appreciation to the United States Agency for International Development (USAID), which has funded the work of this delegation and supports NDI democracy assistance programs in Ukraine, along with the Canadian International Development Agency (CIDA), the Department of State's Bureau for Democracy, Human Rights and Labor (DRL), and the National Endowment for Democracy (NED). The delegation is also grateful to all those who contributed valuable time to share their views freely. The Ukrainian election law was revised in late 2011, with major revisions including the return from a purely party-list to a mixed system, an increase in the proportional threshold from 3 to 5 percent, a ban on electoral blocs, and changes to the powers of election commissions, the formation of voter lists, the nomination and registration of candidates, campaigning rules, vote tabulation, and electoral disputes. The delegation recommends that the Ukrainian authorities take immediate and concerted measures to address the existing challenges, including the need to build public trust in the electoral process, ensure the integrity of the electoral process, and promote public confidence in the results. The delegation's recommendations include ensuring that the electoral framework is designed to assure that the election is credibly implemented and that the public has confidence that the results reflect the voters' choice. The delegation also recommends that the Ukrainian authorities take steps to address the concerns related to the legal framework, district boundaries, election commissions, the voter registry, intimidation of voters, abuse of administrative resources, procedures for complaints and adjudication, web cameras in polling stations, the media and campaign environments, women's participation, and election observation.