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Vienna Review Conference: Statement on Elections
Delivered by Bennett Freeman Deputy Assistant Secretary of State for Democracy, Human Rights and Labor

to the OSCE Review Conference, Vienna

September 27, 1999

 

(As prepared)

Democratic and representative institutions are at the heart of the Helsinki Process and a key indicator of the health of a modern state. We must remember, however, that democracy is more than holding elections — it is a commitment to a process of free and open debate and the institutions of a civil society that support it. Elections must be held in political environments where the citizenry trusts the process, respects the outcome, and thereby invests the institutions of government with democratic legitimacy.

One of the most important tasks of the OSCE in recent years has been its work in organizing elections in places where delicate transitions are underway, often in the aftermath of conflict situations. The OSCE has done a commendable job administering elections in Bosnia and Herzegovina. Now it faces the challenge of administering elections in Kosovo. As recognized in UN Security Council Resolution 1244 that established the international civil presence in Kosovo, elections are a crucial element of the process of establishing democratic and autonomous self-government in Kosovo, pending a final political settlement. Most of the Kosovar political leadership expects and seeks elections, beginning with local elections, in the relatively near future. The head of the UN Mission in Kosovo (UNMIK) has expressed his hope that an initial round of local elections can be scheduled this coming spring. The OSCE in collaboration with the UN should set in train all of the necessary preparations for early and credible elections. Political leaders from all ethnic communities in Kosovo should be kept informed, consulted, and to the extent feasible brought into the decision-making process regarding these preparations, using the consultative process established by UNMIK.

Turning to member States where the OSCE has taken an active role in promoting free elctions, it is clear that a number of serious challenges remain.

This is the first year since peace was reestablished that elections are not being held in Bosnia and Herzegovina. While the series of elections since 1996 has resulted in some progress in constructing a democratic political system, it is now appropriate to establish a more permanent electoral structure. We welcome proposals by the OSCE and the High Representative in Bosnia for a Permanent Election Law that will give voters a greater ability to vote for candidates rather than just parties as a means of establishing accountability. Secondly, the new system will permit voters to select candidates who emphasize substantive issues such as jobs and housing, rather than blatant appeals to ethnicity.

There are no elections scheduled for Serbia, but they could be called at any time. Any elections in Serbia should take place according to European standards and should be free and fair. This can only occur if there are substantial changes to Serbia’s election and media laws, and if the elections are subject to international supervision. The OSCE might be asked to assist or observe new elections. The OSCE should be prepared to do so if the will of the people will be genuinely reflected in the results, and if those results will be respected by the authorities. In the meantime, the people of Serbia deserve democratic change, and we all should encourage that change to take place. The United States therefore hopes that the OSCE will undertake a concerted effort to encourage democracy in Serbia.

Croatia will be holding parliamentary elections in the near future. Unfortunately, despite holding several elections since 1990, Croatian authorities have failed to achieve the "free and fair" benchmark. Among the general concerns have been the timing of elections, the lack of transparency in election administration, and the negative stance taken toward domestic civic observers. In addition, while the ruling party seeks to gain additional seats and sway the loyalties of the Croat population in neighboring Bosnia and Herzegovina, representation for Croatia’s minority Serb population continues to be denied. The Peace Implementation Council has informed the government of Croatia that attempts to deny the legitimate citizenship rights of Croatian Serb refugees in Bosnia and Herzegovina constitute blatant ethnic discrimination. In addition, the PIC stated that any out-of-country voting would have to be conducted to OSCE standards, but if the vote is not open to all persons with legitimate claim to citizenship, including Croatian Serbs, out-of-country voting in Bosnia and Herzegovina will be affected. The campaign environment will also be negatively influenced by continued government controls on the broadcast media. We understand that, in some of these areas, Croatian authorities are willing to be more flexible than in the past, and the United States urges these authorities to utilize fully their country’s democratic potential and conclude negotiations with opposition parties on election and media laws. With good new laws in place, the potential for free and fair elections in Croatia would increase significantly.

Also, last October’s elections in the Former Yugoslav Republic of Macedonia went very well, according to OSCE and other international observers. The political spectrum of participating parties was broad, the campaign environment was open and competitive, and election administration was more transparent than before. Close first round results led to notably more tense campaigning in districts with second-round voting, and there were some reports of party representatives illegally checking voter registration cards outside polling stations, as well as more ominous proxy voting practices. Nevertheless, the experience was a very positive one which reflected growing political maturity in a country that has faced threats to its instability — both internal and external — since becoming an independent state in 1991. The United States anticipates that the upcoming presidential elections on October 31 will continue this trend, and we wish all Macedonians the best as they select their next President.

In Belarus, President Aleksandr Lukashenko used a 1996 referendum to justify extending his term of office by two years, until 2001. While the opposition-organized presidentialelections in Belarus on May 16 did not meet OSCE standards due to government actions, they did represent an effort by democratic forces in Belarus to engage the public on behalf of constitutional issues, including the end of Lukashenko's legal term of office in July, despite the obstacles created by the Belarusian Government. The United States continues to call upon the Belarusian authorities to release opposition presidential candidate and former Prime Minister Mikhail Chigir immediately. He has been imprisoned since March 30. The United States also calls upon the Belarusian authorities to investigate thoroughly the disappearance of Chigir associate and former Interior Minister Zakharenko one week before the elections and last week’s disappearance of Supreme Soviet Deputy Chairman Gonchar.

Ukraine will be holding presidential elections next month, and there are concerns that the conduct of the campaign, especially political pressure on the media, could harm Ukraine's young democracy. The independent STB television station, which has vowed to give equal air time to each of the leading presidential candidates, appears to have come under especially heavy government pressure over the last several months. We recall that the media also came under pressure in connection with the 1998 parliamentary elections and urge the Government of Ukraine to support fully press freedom and an environment conducive to free and fair elections.

OSCE observation missions criticized Armenia’s parliamentary and presidential elections in 1995, 1996 and 1998, so it was critically important for Yerevan to hold better elections this year. The May 31, 1999 joint statement by OSCE/ODIHR and the OSCE Parliamentary Assembly noted improvements since previous elections, such as the authorities’ respect for freedom of speech and assembly, parties’ and candidates’ ability to enter the race and campaign freely, the neutrality of media coverage, and provision for domestic election observers. But serious reservations remained, especially the poor state of voter lists, which kept many people from casting ballots, continuing problems with military voting, and insufficiently representative election commissions. We concur with the assessment offered by OSCE/ODIHR and urge the authorities to implement the recommendations of the OSCE/ODIHR before the next election.

Azerbaijan's record on elections remains poor. President Aliyev was reelected in an October 1998 election which did not meet international standards. Serious irregularities, violations of the election law and lack of transparency in the vote-counting process marred this controversial election. In July, President Aliyev signed legislation under which the country will hold its first municipal elections on December 12. We urge Azerbaijani officials to incorporate suggestions of the OSCE/ODIHR election experts to bring Azerbaijan's election law into conformity with international standards.

Turkmenistan is the only country in the former Soviet bloc which remains a one-party state. President Niyazov has canceled scheduled elections and extended his tenure in office by a referendum. The parliamentary election in 1994 featured uncontested races. The exercise scheduled for December 12, while reportedly featuring multiple candidacies, can hardly be called a parliamentary election, as there is only one party and all media are tightly censored. We urge the creation of free and independent media in Turkmenistan, opposition political parties, and adherence to the Turkmen Constitution.

Uzbekistan has canceled elections in the past and resorted to referenda extending President Karimov's tenure in office. Parliamentary elections are scheduled for December 5, but there will be no real opposition parties represented. Only government-authorized opposition parties are permitted to register in Uzbekistan. Presidential elections are now scheduled for January 9. In any case, the absence of freedom of the press in Uzbekistan makes the conduct of fair elections impossible. If Uzbekistan is serious about complying with OSCE commitments, we urge the allowance of free and independent media, an environment in which establishment of opposition parties can occur, and adherence to the Constitution.

As Tajikistan has been regrettably embroiled in a civil war for much of this decade, it has not been possible to hold elections. With the 1997 accord between government and opposition, and their power-sharing agreement now being implemented — albeit slowly and unevenly — elections slated for this fall offer a critical opportunity for reconciliation. It is imperative that Tajik authorities implement the provisions of the accord giving opposition parties the agreed-upon representation in election commissions and opening the electoral process to all parties and candidates committed to peace, if the electoral process is to have credibility and foster consolidation of civil society.

President Nazarbaev of Kazakhstan has canceled elections and extended his tenure in office by referenda. He was reelected in January 1999 in an election OSCE/ODIHR described as "far" short of meeting OSCE standards.

The United States agrees with ODIHR’s assessment that Kazakhstan made significant positive legal and procedural improvements to the election system recommended by the OSCE since the deeply flawed January presidential election. Candidate registration fees were lowered; attending meetings held by unregistered organizations was eliminated as an administrative offense; and although the process is time-consuming and arduous, political parties were registered. According to the Central Election Commission, media and party proxies will be permitted to monitor the entire voting and vote-counting process.

These changes, however, fell short of OSCE recommendations, particularly in ensuring the ability of all candidates to register, campaign without hindrance and enjoy equal media access. Not all of the OSCE’s recommendations to ensure the independence and transparency of election commissions were followed.

Moreover, recent developments call into serious question Kazakhstan’s commitment to hold free and fair elections on October 10. Two prominent opposition leaders, former Prime Minister Akezhan Kazhegeldin and labor leader Madel Ismailov, were excluded on procedural grounds based on political convictions. Opposition candidates report that they are being obstructed from campaigning, particularly in the regions. The mass media, largely owned or controlled by the government, has clearly favored pro-government candidates. Finally, there are doubts that the October 10 vote tabulation and reporting will be conducted honestly, particularly in light of problems with observing vote counting during the September 17 indirect senate election.

We urge the Government of Kazakhstan to take swift action to address ODIHR as well as domestic and international NGO concerns.

In concluding, the U.S. shares the OSCE’s collective conviction that the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government. Furthermore, elections can only be free and fair when the Rule of Law, Freedom of Association, the Right to Peaceful Assembly, and Freedom of Media and Expression are respected. Given the central role of free and fair elections to the functioning of a healthy democracy, it is vitally important that all participating States meet OSCE standards and commitments on elections listed in the Copenhagen Document and Paris Charter.

 
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