Ukraine Drafting Notes: Elections in the Temporarily Occupied Territories

Elections in the Temporarily Occupied Territories

As part of the negotiations surrounding a transitional phase, local governance elections in temporarily occupied territories will likely be a critical point of discussion.  Key election-related issues that will likely need to be addressed in the negotiations include:

• Timing and Preconditions:  Establishing a timeline for elections and the conditions that must be met beforehand, such as security and political stability.

• International Oversight and Safeguards:  Determining the role of international observers to ensure transparency, fairness, and credibility of the elections.

• Post-election Transition:  Planning for the handover of authority to locally elected officials and outlining the process for dismantling interim governance structures.

Establishing a Timeline for Elections and Preconditions

Rushed or premature elections could risk exacerbating tensions or enabling the election of actors with ties to the occupying power.  Some preconditions that may be applied to mitigate such risks include:

• Establishment of Security:  Requiring that all violence ends or is contained prior to elections, to ensure that voters are not intimidated by threats of harm.

• Restoration of Basic Services:  Developing infrastructure that will facilitate access to and use of polls, including passable roads, safe voting facilities, stable electricity, and a functional postal service.

• Facilitation of the Safe and Voluntary Return of Displaced Persons:  Assisting all displaced persons to safely and voluntarily return home so that they may participate in any local and national elections.  

• Restoration of Legal Frameworks:  Restoring legal and judicial frameworks to protect civil rights and enforce electoral laws, providing a foundation for fair competition and allowing all candidates to campaign freely.

Determining the Role of International Observers

If not adequately managed, elections could be interfered with, possibly leading to the empowerment of individuals or groups with connections to former occupation authorities.  Accordingly, the use of neutral election monitors from credible international organizations may be advantageous, such as:

• Organization for Security and Co-operation in Europe (OSCE):  The OSCE has extensive experience in monitoring elections and can provide neutral observers to ensure the electoral process adheres to international standards of fairness and transparency.

• European Union (EU):  The EU can deploy election observation missions to monitor the electoral process and ensure compliance with democratic principles, providing a credible international presence to deter misconduct.

• United Nations (UN):  The UN can offer assistance through its electoral support programs, providing neutral monitors to observe the election process and report on its integrity and fairness.

• Independent Observers:  Various independent organizations and non-governmental organizations with expertise in electoral monitoring can be engaged to provide impartial assessments of the electoral process, ensuring transparency and accountability.

Planning for the Handover of Authority to Locally Elected Officials

• Mechanisms for Monitoring Local Governance Structures:  Establishing a mechanism to monitor local governance can help ensure that newly elected officials and administrators perform their duties efficiently, transparently, and in compliance with domestic and international law.  Monitoring could be carried out by domestic institutions, international actors, non-governmental organizations, or through a joint mechanism that incorporates both domestic and international oversight.

• Role of Post-Election International Involvement:  International actors may also remain involved after the election process to support a smooth transition.