On 7 February, Civil Network OPORA had organized a public discussion with all candidates for members of the CEC. 9 of 14 candidates, listed in the President's submission, participated in the event. One of the questions from the audience concerned the realization of electoral rights of internally displaced persons at their factual residence on local elections and voting by the majoritarian component on parliamentary elections.
Candidate from the People's Front faction Leontii Shypilov supports the draft law #6240. “Any person who is into the electoral reforming knows about legislative initiatives on this topic, and that Civil Network OPORA is actively advocating for the reforming. So the question is not to us, it's to the MPs who are present here today – to support them. Taking into consideration the concerns about a possible failure to adopt the Election Code #3112-1 in the second reading, a number of draft laws on parliamentary elections was registered and, if I'm not mistaken, the fourth one provides a legislative regulation of this issue - to adopt,” — he stated.
The nominee from the Volia Narodu group Tetiana Slipachuk is also convinced that this question should be put to MPs in the first place. “If you want my opinion, I think this issue concerns reintegration of many people, our compatriots, into the life and understanding that it's their state, their region, and their government. Thus, we are expecting a faster solution of this issue, because there are many technical procedures to be taken into consideration,” — she emphasized.
According to the candidate from the Samopomich Union faction Yevhen Radchenko, this issue is one of the top priority for him as a commission member. “I am going to focus my activities in the CEC on the citizens with special needs and internally displaced persons. It's very important and we need improvement in these matters. These problems should definitely be resolved. For example, by supporting the draft law #6240,” — the candidate said.
Vitalii Plukar, who is the candidate from the PPB “Solidarity” faction, mentioned that the draft law #6240 provides the time constraints, grounds and mechanisms for guaranteeing such rights. “The draft law #6240, prepared by non-governmental organizations, provides amendments to the legislation of Ukraine guaranteeing the voting rights of internally displaced persons and other mobile groups of citizens. This document was developed by experts and it should be supported to resolve the issues you named. First of all, the document gives precise deadlines, grounds and mechanisms for such voting, as well as conditions and sequence,” — he told.
One more candidate from the PPB “Solidarity” faction Olha Lotiuk had also emphasized the legislative body should show the efficient work on this issue. “I think everyone has understood that the recommended candidates who are present here are highly qualified, and have the desire, strength and inspiration to work effectively in the CEC. However, the questions of our experts concern independent expert activities, but not our personalities. Everyone understood that it's necessary to guarantee the rights of citizens, including internally displaced persons and migrant workers. Although all these efforts, including those made by the Civil Network OPORA, are very interesting and professional, they concern the effective work of legislative body for the first part. The absence of legislation will paralyze any state body. We are still hoping for the wisdom of our Parliament now and in the future, and are ready to fill in any gaps. Thus, all the propositions and existing issues in the legislation are rather a question to the MPs, not to the future CEC members. Everyone has already understood that we, and me personally, are ready to stick to the Constitution and the laws and work effectively,” — she emphasized.
Candidate from the PPB “Solidarity” faction Svitlana Kustova had shared her thoughts: “I would like to say that guaranteeing the principle of inclusiveness in electoral law is a positive obligation of the state, and we will remember it very well. I hope that the MPs of Ukraine will also remember it and never forget.”
According to the candidate Nataliia Bernatska from the People's Front, the CEC doesn't have such powers, but will cooperate closely with the Parliament to find a solution for the problem. “Unfortunately, the Commission doesn't have the powers to resolve such complex issues by itself. Therefore, we will closely cooperate with the Parliament. I am convinced that we will meet often in the future besides the interview in the Committee,” — she noted.
Alla Basalaieva, nominated by the “Vidrodzhennia Party” group of MPs, thinks it could be reasonable to give the CEC the right to introduce legislative initiatives, in order to resolve such issues. “We are focused on the same goal, we the candidates for CEC members all understand the responsibility before Ukrainian people. Each of us will swear to follow the Constitution and the laws of Ukraine and painstakingly fulfill our duties based on the rule of law, legitimacy, independence and impartiality. Our goal will be to guarantee the realization and protection of electoral rights of citizens. There is a bill concerning IDPs. We are waiting for the Parliament to adopt it. If one would ask about the additional powers the CEC needs, I would add the legislative initiative. There are urgent issues emerging during the electoral process sometimes, which are difficult to resolve quickly with the help of the draft law, which should be passed through the bodies or the deputy corps. The CEC doesn't have the right of legislative initiative for now. Thus, it would be reasonable to quickly respond to the issues of the electoral process,” — she stated.
Nominee of the AUU Batkivshchyna faction Andrii Yevstihnieiev believes the rules of residential registration should be changed to solve the problems with electoral rights of mobile groups of citizens. “As for the IDPs, migrant workers and other categories of individuals, I believe these people should have the right to vote not only in the national, but also in local elections. There is a draft law, and I hope it will be adopted soon. This problem is quite wide, and both the civil society and deputy corps should think about the residential registration, which, on one hand, is not mandatory, and doesn't influence the scope of rights and liabilities, and on the other hand, it is demanded everywhere you go. While there is no residential registration in fact, so this issue should be resolved on the global scale,” – he stated.
We remind that the bill #6240 was registered in the Verkhovna Rada of Ukraine on 27 March 2017. This document suggests amendment of the Law of Ukraine on the State Register of Voters, Law on the Rights and Freedoms of Internally Displaced Persons, and Law on Local Elections, goaled to guarantee voting rights of internally displaced persons and other mobile groups in the country.
The bill was developed by experts of the Civil Network OPORA AUNGO, Hrupa Vplyvu Civil Holding NGO, International Foundation for Electoral Systems (IFES), MP of Ukraine, and with participation of representatives from NGOs Donbass SOS, Human Rights Information Center, Crimea SOS, the Right for Protection Charitable Foundation, and East-SOS Charitable Fund. Besides that, members of the Interdepartmental Working Group on improvement of IDPs human rights legislation under the Ministry of Temporarily Occupied Territories and IDPs Affairs (including representatives of UN Refugee Agency and the Council of Europe) also participated in discussion of the draft law.
24 MPs have put their signatures under the draft law, namely Hryhorii Nemyria, Mustafa Naiiem, Svitlana Zalishchuk, Refat Chubarov, Mustafa Dzhemiliev, Ostap Yednak, Hanna Hopko and others. There are both unaffiliated and faction representatives among co-authors of the bill: Petro Poroshenko Bloc faction – 11 MPs, People's Front – 2, AUU Batkivshchyna – 3, Opposition Bloc –2, Radical Party of Oleh Liashko – 1, Samopomich –1, unaffiliated or non-group – 4. Thus, the bill has more chances to be adopted since it is already widely supported by MPs. It should be mentioned, that regional representation of MPs who signed it is also quite wide: city of city of Kyiv, Donetsk, Lviv, Zakarpattia, Chernihiv, Vinnytsia, Rivne, Cherkasy oblasts and the AR of Crimea.
On 20 April, the Central Scientific Experts Office (CSEO) has published its opinion on the draft Law of Ukraine on Making Amendments to Some Laws of Ukraine (concerning electoral rights of internally displaced persons and other internal mobile citizen groups). In general, the opinion concludes that the bill #6240 can be adopted based on the first reading results with consideration of CSEO's remarks.
On 21 June, members of the Committee on Human Rights, National Minorities and International Relations recommended the Committee on Judicial Policy and Justice to facilitate the consideration of the Law on Amendment of Some Laws of Ukraine (concerning the voting rights of internally displaced persons and other internal mobile groups of citizens) #6240 and recommend the VRU to take it as a basis after the first reading.