FOR THE RECORD: Statement by UWC concerning Ukraine's voters abroad (08/25/02)

FOR THE RECORD: Statement by UWC concerning Ukraine's voters abroad

Following is the statement of the Ukrainian World Congress concerning the participation of Ukrainian citizens abroad in Ukraine's parliamentary elections in March.

At the time of the declaration of independence of Ukraine, on August 24, 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 independence declaration, only a few Ukrainians lived in Portugal, whereas today they number some 200,000 persons.

During the electoral process to the Supreme Council, or 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 national deputies to the Supreme Council of Ukraine. Because such a statement may be variously understood, the Ukrainian World Congress wrote to the Central Election 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 Election Commission of Ukraine.

On March 23, the Central Election 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 Election 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 United States and Canada that the Ukrainian World Congress interpretation of the law was 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 Affairs of Ukraine, O. Motsyk, came to light. Dated March 11, 2002, and signed by the same Yu. Danylevskyi, stipulates 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 Election 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 even some heads of Ukrainian diplomatic missions were subsequently 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 Ukraine's 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 functioning. We are doing this in the belief that the Ukrainian nation will also overcome these difficulties also on its path of building its own national democratic state.

On behalf of the Ukrainian World Congress:

Askold Lozynskyj, President
Victor Pedenko, Secretary General

| Home Page |