The Ukrainian Diaspora accuses Kuchmists
07/24/2002 | Kostya Poroh
Statement of the Ukrainian World Congress regarding the March 2002 elections in Ukraine
UKRAINIAN WORLD CONGRESS
295 College Street, 3rd Floor
Toronto ON M5T 1S2 CANADA
TEL. (416) 323-3020
FAX (416) 323-3250
E-MAIL: congress@look.ca
INTERNET: http:www.ukrainianworldcongress.org
225 E. 11 Street,
New York, NY 10003 USA
TEL. (212) 254-2260
FAX (212) 979-1011
Participation of Ukrainian Citizens Abroad
At the time of the declaration of independence of Ukraine, on the 24th of August, 1991, the population of Ukraine was around 52 million persons. According to the census of December 2001, the population of Ukraine is currently 48.4 million persons. Part of this abnormal decrease is due to the unquestionable fact that the death rate exceeds the birth rate. However, more than half of the decrease is due to the departure of citizens of Ukraine for permanent residence abroad, largely for the purpose of earning money. For example, on the date of the declaration of independence only a few Ukrainians lived in Portugal, whereas today they number some 200,000 persons.
During the electoral process to the Supreme Council (Parliament) of Ukraine in March of this year, the Ukrainian World Congress noted that it is stated in the electoral act of Ukraine, that a citizen of Ukraine, who is living or sojourning abroad on a legal basis during the period of the elections, has the right to vote in the election of deputies to the Supreme Council of Ukraine. Because such a statement may be variously understood, the Ukrainian World Congress wrote to the Central Electoral Commission of Ukraine pointing to the interpretation, that a citizen of Ukraine, possessing a valid Ukrainian passport and living or sojourning abroad, has the right to vote irrespective of his legal status in a given country. The question of foreign legal or illegal status must be irrelevant to the issue. The Ukrainian World Congress requested confirmation of this interpretation from the Central Electoral Commission of Ukraine.
On March 23, 2002 the Central Electoral Commission of Ukraine, in a letter signed by Yu. Danylevskyi, replied that "only the Constitutional Court has the authority to interpret the Laws of Ukraine regarding the election of National Deputies of Ukraine ... the Central Electoral Commission of Ukraine has no such authority ... the question of the legal status of residency of a citizen of Ukraine in a foreign country during the election period is to be determined by the organs of the Ministry of Foreign Affairs of Ukraine in the country of residency." The Ukrainian World Congress, being gratified by the assurances of the organs of the Ministry of Foreign Affairs of Ukraine in the USA and Canada that the Ukrainian World Congress' interpretation of the law is correct, did not pursue the matter further.
However, the Ukrainian World Congress learned that in Portugal, citizens of Ukraine with valid Ukrainian passports, but who resided in the country illegally, were not permitted to vote. In addition, a letter to the Deputy State Secretary of the Ministry of Foreign Affair of Ukraine, O. Motsyk, came to light, dated March 11, 2002 and signed by the same Yu. Danylevskyi, in which it is stipulated that "all other citizens of Ukraine, who live or reside beyond the borders of Ukraine not on a legal basis, cannot be included in the list of voters under any circumstances".
Thus, it seems that the Central Electoral Commission of Ukraine does have the authority to interpret the electoral law. What is worse, it seems that its interpretation may be in contradiction to the Constitution of Ukraine. We pointed to the case of Portugal only as a particular example. Of the 200,000 citizens of Ukraine in that country only a few hundred were permitted to vote. This matter should be understood in light of the experience of the 1999 elections, when an overwhelming majority of Ukrainian citizens abroad voted against the candidacy of Leonid Kuchma. Indeed, this "oversight" had serious consequences, since, subsequently, even some heads of Ukrainian diplomatic missions were removed.
This electoral episode also points to the fact that the March elections in Ukraine were characterized by serious transgressions, the responsibility for which must ultimately lie with the Head of State and the Guarantor of its Constitution.
The Ukrainian World Congress does not plan to pursue further this question of the subversion of the voting rights of the large number of citizens of Ukraine, who now make up its diaspora. We merely wish to inform Ukrainians everywhere about this dark aspect of so-called electoral technologies and "administrative resources" , which are operative. We are doing this in the belief that the Ukrainian people will also overcome these difficulties on its path of building its own national democratic state.
On behalf of the Ukrainian World Congress
Askold Lozynskyj, President General
Victor Pedenko, Secretary
UKRAINIAN WORLD CONGRESS
295 College Street, 3rd Floor
Toronto ON M5T 1S2 CANADA
TEL. (416) 323-3020
FAX (416) 323-3250
E-MAIL: congress@look.ca
INTERNET: http:www.ukrainianworldcongress.org
225 E. 11 Street,
New York, NY 10003 USA
TEL. (212) 254-2260
FAX (212) 979-1011
Participation of Ukrainian Citizens Abroad
At the time of the declaration of independence of Ukraine, on the 24th of August, 1991, the population of Ukraine was around 52 million persons. According to the census of December 2001, the population of Ukraine is currently 48.4 million persons. Part of this abnormal decrease is due to the unquestionable fact that the death rate exceeds the birth rate. However, more than half of the decrease is due to the departure of citizens of Ukraine for permanent residence abroad, largely for the purpose of earning money. For example, on the date of the declaration of independence only a few Ukrainians lived in Portugal, whereas today they number some 200,000 persons.
During the electoral process to the Supreme Council (Parliament) of Ukraine in March of this year, the Ukrainian World Congress noted that it is stated in the electoral act of Ukraine, that a citizen of Ukraine, who is living or sojourning abroad on a legal basis during the period of the elections, has the right to vote in the election of deputies to the Supreme Council of Ukraine. Because such a statement may be variously understood, the Ukrainian World Congress wrote to the Central Electoral Commission of Ukraine pointing to the interpretation, that a citizen of Ukraine, possessing a valid Ukrainian passport and living or sojourning abroad, has the right to vote irrespective of his legal status in a given country. The question of foreign legal or illegal status must be irrelevant to the issue. The Ukrainian World Congress requested confirmation of this interpretation from the Central Electoral Commission of Ukraine.
On March 23, 2002 the Central Electoral Commission of Ukraine, in a letter signed by Yu. Danylevskyi, replied that "only the Constitutional Court has the authority to interpret the Laws of Ukraine regarding the election of National Deputies of Ukraine ... the Central Electoral Commission of Ukraine has no such authority ... the question of the legal status of residency of a citizen of Ukraine in a foreign country during the election period is to be determined by the organs of the Ministry of Foreign Affairs of Ukraine in the country of residency." The Ukrainian World Congress, being gratified by the assurances of the organs of the Ministry of Foreign Affairs of Ukraine in the USA and Canada that the Ukrainian World Congress' interpretation of the law is correct, did not pursue the matter further.
However, the Ukrainian World Congress learned that in Portugal, citizens of Ukraine with valid Ukrainian passports, but who resided in the country illegally, were not permitted to vote. In addition, a letter to the Deputy State Secretary of the Ministry of Foreign Affair of Ukraine, O. Motsyk, came to light, dated March 11, 2002 and signed by the same Yu. Danylevskyi, in which it is stipulated that "all other citizens of Ukraine, who live or reside beyond the borders of Ukraine not on a legal basis, cannot be included in the list of voters under any circumstances".
Thus, it seems that the Central Electoral Commission of Ukraine does have the authority to interpret the electoral law. What is worse, it seems that its interpretation may be in contradiction to the Constitution of Ukraine. We pointed to the case of Portugal only as a particular example. Of the 200,000 citizens of Ukraine in that country only a few hundred were permitted to vote. This matter should be understood in light of the experience of the 1999 elections, when an overwhelming majority of Ukrainian citizens abroad voted against the candidacy of Leonid Kuchma. Indeed, this "oversight" had serious consequences, since, subsequently, even some heads of Ukrainian diplomatic missions were removed.
This electoral episode also points to the fact that the March elections in Ukraine were characterized by serious transgressions, the responsibility for which must ultimately lie with the Head of State and the Guarantor of its Constitution.
The Ukrainian World Congress does not plan to pursue further this question of the subversion of the voting rights of the large number of citizens of Ukraine, who now make up its diaspora. We merely wish to inform Ukrainians everywhere about this dark aspect of so-called electoral technologies and "administrative resources" , which are operative. We are doing this in the belief that the Ukrainian people will also overcome these difficulties on its path of building its own national democratic state.
On behalf of the Ukrainian World Congress
Askold Lozynskyj, President General
Victor Pedenko, Secretary
Відповіді
2002.07.24 | Нестор Мазепа
Ги-ги-ги. Яке ж воно жалюгідне.
>The Ukrainian World Congress does not plan to pursue further this questionА я вже було перелякався, що Лозинський щось зробить (маю на увазі, крім позування з Кучмою перед телекамерами).
2002.07.24 | ВkB
Re: Ги-ги-ги. Яке ж воно жалюгідне.
Це ще н1чого. Ви згадайте як1 вони (ц1 кадристи з СКУ) номери видавали п1сля вибор1в в березн1 (цитую):1.
"UWC DECRIES U.S. CONGRESS RESOLUTION ON UKRAINE'S ELECTIONS
Ukraine has manifested the most resolve in developing democratic institutions and establishing a market oriented economy".
Коментар: ЛОзинського б на один сезон озбро1ти вилами з граблями, може не був би у такому захват1 в1д ор1ентац11 нашо1 економ1ки :-)
2.
"ELECTION IN UKRAINE
In general, there were no major violations during the electoral process. More so than in 1998 elections took place with a higher standard of democracy, transparency, accessibility and fairness."
Ноу коментар.