The National Democratic Institute, an American nongovernmental organization that promotes democracy, withdrew on March 17 from a Ukrainian working group developing a new election law.
NDI, in ending its participation, said it was protesting the group’s non-inclusiveness in developing a new election law after local elections in October did not meet democratic standards.
“NDI has decided it must suspend its participation in the group unless steps are taken to make the entire election law drafting process more inclusive and transparent,” Laura Jewett, NDI’s Eurasia regional director, said in a letter to Justice Minister Oleksandr Lavrynovych.
“Unless they are addressed, the election legislation that results will lack the confidence of the public. This in turn, will set back, not advance, the goal of democratic elections.”
Lavrynovych disagrees, saying that the group’s work is “open and takes into consideration different argumentative opinions.”
Knowledgeable sources, who requested anonymity because they were not authorized to speak publicly, said that International Republican Institute, another U.S. nongovernmental organization, may be the next organization to pull out of this working group.
Such a pullout could deepen criticism that President Viktor Yanukovych, since taking power more than a year ago, is reversing democratic progress.
Yanukovych’s democratic credentials, never strong, suffered after October elections criticized as not meeting democratic standards.
The Yanukovych dministration is also criticized for favoring postponement of parliamentary elections to 2012, instead of 2011.
In an opinion piece published in the Kyiv Post on Feb. 25, NDI’s director in Ukraine, Kristina Wilfore, wrote that “last fall’s local elections were a great disappointment for many non-partisan election watchers who had hoped that bad elections in Ukraine were a thing of the past.
Unfortunately, three months into the reform effort, the president’s initiative looks to be equally disappointing.”
Yanukovych countered such criticism by starting the working group in November to bring the electoral legislation in line with international democratic standards.
Besides Lavrynovych, other members include: deputy presidential administration chiefs, Andriy Honcharuk and Olena Lukash; director of the National Institute for Strategic Studies, Andriy Yermolaev; chairman of the Central Election Commission, Volodymyr Shapoval; CEC member Mykhailo Okhendovskiy, parliament deputy Volodymyr Pilipenko, and Ukrainian civic network OPORA.
The press service of Ukraine’s Justice Ministry reported on March 16 that the working group had completed its concept of a future law on parliamentary elections.
“According to the minister, the concept of law was developed with the participation of representatives of all parliamentary factions, as well as deputies belonging to no faction, and representatives of international and domestic NGOs,” reads a statement issued by Lavrynovych’s press service.
But sources close to the working group said that many of its members have not seen the draft legislation, nor have their suggestions been openly welcome.
Okhendovskiy, seen as loyal to Yanukovych, defended the process, saying: “At the working group meeting, members discussed only the main aspects that should be taken into account in preparing the new version of the parliamentary election law. The text of the law itself was not discussed. The text of the law will be prepared taking into account proposals expressed during the group’s meetings.”
Olga Ayvazovskaya, OPORA’s chairperson, says she does not consider the current law on parliamentary elections to be bad.
“It was much better than the law on local elections,” said she, adding that the law can be improved by adding European style open party lists, which is a proportional system of elections when people are can influence party list ranking then supporting a party by voting for a specific candidate in its list.
“It looks like there is political will to introduce mixed electoral system because it is advantageous to Party of Regions.”
In the opinion piece published in the Kyiv Post last month, NDI’s Khristina Wilfore wrote:
“The government, which formed this election law drafting commission unilaterally, has not fully welcomed major opposition parties or non-partisan civic organizations. While some members of the opposition and civil society have been included during later meetings of the working group, their belated participation is not a substitute for substantial involvement. Furthermore, the working group remains a heavily pro-government body.”
She added: “As for transparency, debate, deliberation and drafting – the group’s central functions – are going on behind closed doors, where participants lack the ability to make real decisions. At the first meeting, those gathered were told that the president would make all decisions on the new law and that its basic structure had already been determined and was non-negotiable. Group members also learned they could not suggest topics for discussion or be informed on how topics were chosen. There have been no drafts to review and no explanation of how the group’s comments are being integrated into the drafting process.”
Wilfore concluded: “In a Jan. 30 interview with The Washington Post, Yanukovych pledged his intention to hear a broad range of international and domestic voices as part of the reform process, which NDI and others applauded. But that seems to have fallen on deaf ears.”
Kyiv Post staff writer Yuriy Onyshkiv can be reached at [email protected]
