You're reading: Can election watchers make a difference?

Only 3 percent of Ukrainians believe that the Oct. 28 election will be free and fair. But almost a third thinks that international observers can help the vote to be cleaner while 28 percent believe civic organizations can also make a difference. 

These are some of the findings of a June poll by Kyiv-based think tanks
Razumkov and Democratic Initiatives Foundation. But the question still remains:
Who can stop the cheating? The answer is complicated.

“In Ukraine, at least in recent years,
what needs to be observed in terms of electoral administration and campaigning
happens early in the electoral process,” said Gavin Weise, International
Foundation for Electoral Systems Asia and Europe deputy director.

Many injustices and violations take place because of the way the playing
field is set, which happens long before any observation missions begin
operating in the country. Typically, long-term observers are local civic
groups.

In the case of Ukraine, 251 long-term representatives of OPORA, the
nation’s largest monitoring group, have been working in each of 225 district
commissions since early August. Another 3,500 short-term monitors are expected
to join them on Election Day to observe the process of voting and ballot
tallying.

Apart from OPORA, long-term missions are being
dispatched by the Organization for Security and Cooperation in Europe’s Office
for Democratic Institutions and Human Rights, which opened its mission on Sept.
12. It has 20 international experts stationed in Kyiv and 90 long-term watchers deployed across the
country. Some 600 short-term colleagues will join them on Election Day. The
European Union and United States have historically relied on the OSCE/ODIHR
assessment more than that of any other watcher

Observers will monitor campaign activities, media coverage, the
legislative framework and its implementation, the work of the election
administration and relevant government bodies, Election Day voting and the
resolution of election disputes.

The European Network of Election Monitoring Organizations (ENEMO) has
deployed 35 long-term watchers and will have 365 short-term observers arriving
in October, 60 more have been dispatched by Canada.

“The presence of international observers may help to expose violations,
fraud or shortcomings and at times deter or reduce its level,” says Peter
Novotny, head of the ENEMO mission to Ukraine.

Since the end of July 288
cases of abuse of office by government officials have been registered by OPORA,
as well as 229 incidents of vote-buying, 181 case of obstruction of election
campaigns, 119 cases of illegal campaigning, 21 of illegal interference by law
enforcers and 9 cases of putting pressure on media.

But only two of those cases have gone to
court and resulted in a conviction.

On Aug. 30, the Odesa Administrative Court of Appeals confirmed that
lawmaker-businessman David Zhvania, a self-nominated candidate in constituency
No.140, violated election legislation when he bought 275 school outfits for
pupils in Odesa’s Biliayivsky district.

“Unfortunately, the CEC has no right to dismiss him as a candidate.
According to the law he has to be punished as a private individual but not as a
candidate,” said Olga Ayvazovska, OPORA’s coordinator.

The rationale for making it difficult to remove candidates from the
ballot is that voters should decide the punishment, if any, for violators,
rather than courts and election commissions that can be manipulated for
partisan political ends.

In a second case, the Kyiv Administrative Court
of Appeals confirmed on Sept. 16 that Ihor Balenko, self-nominated candidate in
constituency No.212, violated the election law. He was providing the residents
of his constituency with 7 percent discount cards of Furshet supermarket chain
where he heads the supervisory council.

On September 21 Central
Election Commission has issued official warning to Balenko. However, according
to the election law, the warning to the candidate can’t lead to the
cancellation of his registration.

President Viktor Yanukovych,
who is under fire internationally for imprisoning rivals and rolling back
democracy, has pledged to hold the upcoming election in line with international
democratic standards. “Our key task is to hold the election transparently and
in a democratic way,” he said right after the election campaign has started.

But his ruling Party of Regions does not appear
to have gotten the message. OPORA’s records show that his ruling Party of
Regions is the biggest violator, with 188 incidents registered in August.

The imprisoned former prime minister and opposition leader Yulia
Tymoshenko has already asked European politicians to not recognize the results
of the Oct. 28 elections.

“The main message is to make a statement right now that these elections
are illegitimate. After the elections are over it will be too late,”
Tymoshenko’s daughter Eugenia read in a statement to the European Parliament on
Sept. 4, expressing her mother’s view.

But her call is unlikely to be heard. International diplomats are trying
to avoid sanctions and boycotts against Ukraine, preferring at this stage to
continue engagement.

But they are watching.

As of Oct.4, 668 foreign watchers
representing 19 international election watchdogs and 80 official observers from
Poland, Canada, USA,
Slovakia, Japan and Lithuania have been registered by the CEC. Ukraine has 68
civic groups registered. 

They will do the best they can, but many in the profession recognize
that a government has to provide the conditions for a clean election and that
the integrity of the vote is something that has to be defended by the entire
nation, at each of its 33,000 polling stations to certification of the final
results.

“Inviting thousands of observers is good for, even a prerequisite for,
credible elections,” Weise says. “However, their presence alone will not make a
free and fair election. That is up to the government in charge and parties
vying to be a part of it.”

Kyiv Post
staff writer Anastasia Forina can be reached at
[email protected]