The materials of the “round-table”
“The problem of representation of the Crimean Tatar
people in bodies of government of the Autonomous Republic of Crimea
in new electoral drafts for Crimea”, which was held on November 8, 2002
(Simferopol, 8 November 2002)
The “round-table”
dedicated to the problem of representation of the Crimean Tatar people in
bodies of government of the Autonomous Republic of Crimea was held in
Simferopol by initiative of the Crimean Center for Independent Political
Researchers and Journalists with support of the International “Renaissance”
Foundation.
For participation
in work of the “round-table” people’s deputies of Ukraine, deputies of the
Supreme Soviet of the ARC, scientists, heads of Crimean branches of political
parties of Ukraine, representatives of national-cultural communities of Crimea
and journalists were invited.
During discussion
the participants of the “round-table” had practically no differences of
opinions concerning the existence of the problem of representation of the
Crimean Tatar people in bodies of government of the ARC. At the same time,
different approaches concerning electoral systems, under which this problem
could be solved, were expressed.
A majority of the
participants of the “round-table” supported proportional or mixed electoral
systems, which solve a problem of representation of Crimean Tatars. At the same
time, one noted that from both these electoral systems - proportional and mixed
- for providing with guaranteed representation of Crimean Tatars the draft of
people’s deputy of Ukraine Yuri Kluchkovskyi is more
acceptable.
None of the invited
experts and participants of the “round-table”, including representatives of
Supreme Soviet of the ARC did not support the majoritarian
electoral system for the formation of the future composition of representative
body of Crimea.
Below, with the
kind agreement of Crimean Center for Independent Political Researchers and
Journalists, we give the texts of speeches of experts, which were presented for
discussion to participants of the “round-table”.
Center of Information
and Documentation for Crimean Tatars
List of participants
1. Chubarov
Refat, People’s deputy of Ukraine, first deputy head of Mejlis of the
Crimean Tatar people;
2. Katusheva Zarema,
People’s deputy of Ukraine, CPU;
3. Formanchuk Olexander, head of the Department
on information, analysis and protocol of Verkhovna Rada of the ARC;
4. Stasiv Valentina,
employee of the Representation of President of Ukraine in the ARC;
5. Semena Mykola,
journalist of newspaper “Dzerkalo tizhnya”
(The mirror of week) in Crimea;
6. Fomushkin Oleg, head of Crimean Organization
of Ukrainian National Movement;
7. Gabrilyan Oleg, political scientist,
professor of TNU;
8. Volvach Petro, head
of all-Crimean association of scientists “Crimea with Ukraine”;
9. Khalilov Shevket,
head of Department of all-Ukrainian Informational-Cultural Center;
10. Fix Yefim, first secretary of Crimean Republican Committee
of SDPU (u);
11. Vasilyev Boris, representative of Crimean
Republican Committee of SDPU (u);
12. Smirnov Oleg,
head of Program “Integration…”, International
“Renaissance” Foundation;
13. Pilunskyi Leonid, head of Crimean regional
organization National Movement of Ukraine;
14. Pritula Volodimir,
deputy head CICPRJ;
15. Osmanov Arsen,
employee of Crimean Independent Center of Political Researchers and
Journalists;
16. Volvatch Yarina,
employee of Crimean Independent Center of Political Researchers and
Journalists;
17. Ganiyev Shevket,
State TV-radio Company “Krim” (Crimea), Crimean Tatar
editorial staff;
18. Emirov Ayder, director of library by I. Gasprinskyi;
19. Abiyeva Gulya,
newspaper “Krim” (Crimea);
20. Arifova Lylya,
newspaper “Krim” (Crimea);
21. Yermolin A., newspaper “Krimskiye
novosti”(Crimean news);
22. Ivanchenko Iryna,
newspaper “Respublika Krim”
(Republic of Crimea);
23. Koshelev Maxim, State TV-radio Company “Krim” (Crimea), “12 minut novostey” (12 minutes of news);
24. Uspenska Tetyana,
newspaper “Krimska svitliza”;
25. Ivanets Andriy,
Crimean News Agency;
26. Kravtsov Olexander, Crimean News Agency;
27. Kyslyi Olexander, president of Association “Kultura i svit”
(Culture and world);
28. Raupova Usniye,
newspaper “Avdet”;
29. Nikolayenko Maxim, news agency “Ukrainski novini” (Ukrainian
news);
30. Yunusov Lenur, news
agency “Media-Prostir”;
31. Stus Victor, “Krimskaya
gazeta” (Crimean newspaper);
32. Avdeyev Y., Chornomorska
TV-radio company;
33. Radeva Ë., newspaper “Krimskiye
izvestiya” (Crimean news);
34. Khalilova Lentara,
newspaper “Golos Krima”
(The Voice of Crimea);
35. Bocharov O.I., newspaper
“Reyting”;
36. Zhukov Y.N., Crimean News Agency;
37. Balakin A., Republican Information Committee
of the ARC;
38. Memetov Shevket,
Council of Ministers of the ARC, adviser to head.
SPEECHES
Refat CHUBAROV,
People’s deputy of Ukraine
First deputy head of Mejlis of the Crimean Tatar people
COMPROMISE VARIANT - MIXED ELECTORAL SYSTEM WITH
GUARANTEED REPRESENTATION OF CRIMEAN TATARS AND OTHER INDIGENOUS PEOPLES
AND FORMERLY DEPORTED ETHNIC GROUPS.
Firstly, one of the
incontestable progresses of Ukrainian society in the first years of
independence of Ukraine is that there are not any conflicts on the basis of
ethnic identifications in our territory. At the same time, a lack of
characteristic traits can mean that there are no reasons in society, which
could under certain circumstances result in sharp opposition of large groups of
people on an ethnical basis against the State.
When Ukrainian
political scientists speak about a potential threat of appearance of
interethnic oppositions in Ukraine, they fix their eyes on Crimea. For me, as a
politician, such attention of political scientists to Crimea is understandable.
In this there is nothing offensive, because, in contrast to other regions of
Ukraine, a modern development of public political processes on the Crimean
peninsula has its own characteristic features, and they issue from its past,
and also the legal basis of the republic within the composition of an unitary state.
When we speak or
try to find arguments on the importance of representation, in my opinion, we
are to understand that adoption of any decisions in such spheres as
inter-ethnic or religion by a simply majority will never be fair. And
appropriate electoral structure would be - when a certain group of people by
virtue of appropriate mechanisms could influence on the one hand adoption of
decisions, and on the other be responsible for those decisions, which are
adopted with their participation. I think this thesis is the main one among all
our thoughts on the importance of representation of Crimean Tatars in bodies of
government of the ARC. Either we want really to solve problems jointly with the
Crimean Tatar community, and so think of what kind of mechanisms to create,
that they work jointly with others, or we don’t solve common problems with
them, and thereby want to isolate them maximally, so that they don’t disturb
anybody, or by any other way don’t have influence on those developments, which
someone envisions in Crimea and who wishes to propose or impose.
Why does a problem
of representation of Crimean Tatars emerge, or it would emerge, if there were
not those consequences of decades of deportation of Crimean Tatars? If there
wasn’t deportation, we wouldn’t talk, in such form, about a problem of
representation of Crimean Tatars. Nevertheless, almost 50 years of exile could
not remain without consequences, which we are to overcome by virtue of
nonordinary decisions, including laws on the formation of the Verkhovna Rada of
Crimea and local bodies of self-government. I want to give some arguments about
why such changes took place in Crimea.
You know that after
the deportation of Crimean Tatars almost to the end of 80's the Crimea was a
region in the composition of the USSR, which was continually inhabited, and in
different years were adopted different state programs on deportation of people.
Whether we want it or not (I would like that it doesn’t offend anybody), the
Crimea had been for some decades a peculiar migration pump, through which passed
millions of peoples. A part of them remained in Crimea. And now they are our
neighbours, including their children, possibly, already their grandchildren. It
is understandable that people, who settled in Crimea, until they arrived in
Crimea, didn’t know and never got in touch with the culture of those people,
who had lived before in Crimea, and they formed a specific mentality, in which
there are not for a while yet many appropriate mechanisms for understanding the
problems of the Crimean Tatars, who are returning to their Motherland.
I would like to
note that there were different qualifications for settlement of Crimea, in
Soviet times. Not every Russian was able to settle in Yalta; there it was
necessary in addition to being the proper ethnic group to have the right social
or other status, to be officer of appropriate troops and so on.
Concerning
another argument - necessity to solve a problem of representation, namely, by
way of legal norms. I would like to mention the 90's. The Regional
council, there was no autonomy in Crimea yet. On 11 September 1990, the
Regional Council adopted a decision on basic principles on settlement of
Crimean Tatars on the territory of the oblast. It is a very interesting
document. If you look through a filing of newspaper “Avdet”,
read my articles, other ones, we paid attention already in that period to what
was established in order to not allow such settlement of Crimean Tatars, during
their return to Crimea, which could give them any opportunity for real
influence during local elections. And if one proceeds from the table, which was
approved by the Regional Council, - in not one settlement or district were
Crimean Tatars allowed to constitute more than 25%.
However, real life somewhere changed these plans, thus, in Belohorskyi
district Crimean Tatars are 32%, in Sovetskyi - 26,6%, Kirovskyi - 25,5%, Pervomayskyi - 25% and Bakhchisarayskyi
- 22%. However, it changed in reality. You know, which opposition was to not
allow more or less compact settlement of Crimean Tatars.
Third
argument - high politicizing of Crimean society. I already spoke about it
while giving the first argument. We are to admit that a level of rejection from
the hand of peoples of other nationalities to the return of Crimean Tatars has
changed over the years. And we cannot now allege that for 11 years of
independence of Ukraine (or if one begins from mass return of Crimean Tatars in
1990), that nothing was changed in the attitude of post-war settlers to Crimean
Tatars, and their return. Certainly, it is necessary to recognize that some
things in this situation have improved. However, we cannot now state, that
there are not any stereotypes. Moreover, in certain moments, which are
connected with strengthening of one or another political
forces, these stereotypes can increase, or diminish. I don’t want to
give such dirty examples, as a recent article in “Krimskaya
pravda” (Crimean truth) and its direction. Now, I
don’t speak about the content of discussion on the problem of the Svyato-Uspenskyi monastery and its land that is a problem
of monastery and authorities, but not the Zindzhirli-madrasah.
I mean an intention of journalists concerning position of Moslems towards
Christians and so on. It is just an example that the people, who wrote this
article, are bearers of these stereotypes, which in one's time were taken into
peoples’ heads.
Yesterday, I was
shown a document from Crimean archives, I think that it will be soon published.
I don’t remember exact name of this document, but I, as historian, couldn’t
suppose that the ideological indoctrination of the population of Crimea after
the deportation of Crimean Tatars could rise even to such a level. It was a
resolution of the Crimean Regional Committee of the Communist Party in 1948 “On
strengthening of work of state, party, economic bodies on elimination of
Crimean Tatar terms in names of settlements, mountains, rivers and kinds of
work”. The direction was to eliminate everything that by any means was
connected with Crimean Tatars.
Presently whether
we like it or not when it comes to elections the voters choose on one or the
other of two bases - ours-others, proceeding from
political sympathies; or on the basis of - Tatar-non-Tatar. When it concerns majoritarian constituencies or competition between more
than two political figures, this phenomena applies in
total. Researches show that in elections in which there is competition between
representatives of different communalities the voter turn-out doesn’t reach 10%, and they sometimes are only 7-8% even when powerful persons
are running.
Now
concerning systems of election. The main thing for me is that the citizens of
Crimea who are participating in political life in Crimea would recognize that
all issues proceed from the problem of representation of Crimean Tatars. This
is the most important. What kind of form this will take - this is already
second phase. It it is understandable that there are
different forms, which would give an opportunity of representation for Crimean
Tatars our sympathies could divide between such forms. As for me, a quota
system would be the first step in dealing with the issue. However, I know that
there are representatives of certain political forces, which oppose
categorically quotas. We could think about proportional system, which gives an
opportunity to have a representation of Crimean Tatars. We could think about
mixed system. Certainly, there are specific advantages and defects in each of
these systems
Concerning quotas:
Here the main defect is connected with the level of our political culture or
our understanding, because in those states, where a quota exists, there are not
the debates, which we have during discussion of this question. And advantage
that a quota could give is an opportunity to see a competition between Crimean
Tatars themselves. That system, which existed in 1994, was most successful,
when a quota was given to Crimean Tatars - 14 places - and it was stated: under
this proportional system compete between yourselves, and prove to us, who of you
has the most support among Crimean Tatars - either the National Movement of
Crimean Tatars, or the Organization of Crimean Tatar National Movement, or the
Kurultay, or someone else. You know the results of these elections. For me an
advantage of quota system is that these quotas would be realized through a
proportional system.
Now,
concerning a mixed system. This is a solution proposed by People’s deputy of
Ukraine Yuri Kluchkovskyi. Mr. Kluchkovksyi
proposed a mixed system, when 50 deputies are elected in majoritarian
constituencies, and 50 - under proportional system. In accordance with
proportional system - everything is understandable, and I don’t dwell on it.
And in that part, where there are 50 majoritarian
constituencies, Mr. Kluchkovskyi proposed the
following: 41 majoritarian constituency - for all,
except Crimean Tatars, Karaites and Krimchaks, and then 7 - for Crimean Tatars
and one each for Karaites and Krimchaks as autochthonous ethnoses
of Crimea. Thus, there are 50 electoral spaces.
Third system -
proportional, Mrs. Katusheva will speak about it. As
in proportional, as in mixed system by Kluchkovskyi
there is a problem, without its solution we don’t achieve political
structuredness of Crimean society, we don’t achieve a joining up of Crimean
organizations for work over development of autonomy. As you know, in accordance
with Ukrainian laws as participants in these electoral processes can be only
all-Ukrainian parties. If you initiatee a
proportional or mixed system in Crimea, but do not at the same time allow other
Crimean citizens to be part of that process, you would not be able to attract
into the electoral process very many politically active people. It means, if
tomorrow will be adopted a proportional system, but without broading
the spectrum of the electoral process, then only Crimean branches of
all-Ukrainian parties could take part in it. And very many NGO’s, which
represent ethnical interests, have to go begging to these political parties. For
instance, the Greek community or Armenian to realize by any way their own interests
during elections will be forced to apply to one or another political
organization, which takes place now. But, I want to say that here as always
there is a risk. I am in faction “Nasha Ukraina” (Our Ukraine), and Mrs. Zarema
is in faction of Communist Party. I think, and Mrs. Zarema
thinks, that she represents Crimean Tatar in any measure, and I try to do it
likewise. However, it isn’t excluded, that in any moment my understanding of
Crimean Tatar interests in any concrete situation or understanding of Mrs. Zarema can result in certain contradictions to the
interests of the faction or party, which had offered to the representative of
an ethnical community to join its ranks. This is a very grave problem. When I
was in Austria, we considered this problem with Slovenes, who go in coalition
with one of the Austrian parties. It has often occurred that interests of
Slovenes are ignored by that party, in which they take part.
However that may
be, we won’t find in one “round-table” the most optimal form, but I dwell on
another thing. I was shocked by the content of many speeches at parliamentary
hearings, which recently were held in the Crimean Verkhovna Rada. I saw nothing
in many reports, except desire to keep majoritarian
system, because in the opinion of those, who today came, and are in composition
of Verkhovna Rada of the ARC, namely, this system allows them once more to use
these or other methods, which they used during elections on March 31. Those,
who gave money for the last elections think that again if they shake their
purse it will be a sure thing. Those, who now are in power and are able to effect the outcome in their local districts to stay in
power, and they think they always will be in power. Thus, the results of recent
by-elections to Verkhovna Rada of the ARC showed that big money will generate
even bigger money. Finally, I didn’t hear serious arguments concerning
preservation of majoritarian system.
THE ISSUE OF REPRESENTATION OF THE CRIMEAN TATAR PEOPLE
IN BODIES OF THE ARC. ARE THEY TO BE REPRESENTED AS A SEPARATE PEOPLE OR AS PART OF ELECTORAL
DISTRICTS? (IS THE ELECTORAL SYSTEM AND ALL THE POLITICAL GROUPS CAPABLE OF SOLVING THIS ISSUE)?
Mykola SEMENA,
journalist, analyst,
personal correspondent of
weekly “Dzerkalo tizhnya” in Crimea
At first, we are to
consider - do the Crimean Tatar people need a representation in bodies of the
government - parliament of Ukraine, Verkhovna Rada of Crimea, regional, local,
settlement and rural councils in Crimea? At first sight, the question seems
queer - certainly, it is necessary. Undoubtedly, Crimean Tatars are to be
represented in bodies of government, at least, adequately according to their
arithmetic number in Ukrainian society. This is not a question. Certainly, yes. However, the elections were held, all
councils were formed - from low to high. In the Verkhovna Rada of Ukraine there
are at least three Crimean Tatars, in the Verkhovna Rada of Crimea - 8, totally
in Crimea in councils of all levels Crimean Tatars are 14%, though in Crimean
society they constitute not for a while yet 12%. Everybody is glad - Crimean
Tatars have representatives even more than their number without any special
electoral instruments - national constituencies, quotas, participation of
non-governmental national cultural organizations in nomination, and not only
political parties. It seems that a problem of representation was solved by
itself, without participation of politicians. For what was it necessary to
break lances during more than 10 years in numerous debates? However, is it the
truth, or do we have any understanding of this problem? Let’s think logically.
What is to be gained by having representation and what kind of representation?
What is the relationship between constituencies and the nationality of deputies?
Already, during a
first, even perfunctory analysis of the problem it is shown that all of us were
brought up on the communist conception of democracy, and so we don’t even
understand the essence of the problem. What was the Communist method? The communists
in their Central Committees, oblast committees, regional committees and party
committees planned the composition of a new membership of any council - regionnal, oblast or Verkhovna - in advance. They thought
that in the composition of newly elected deputies should be represented
practically all levels of the population and all (in truth those they wanted)
nationalities. So, they planned in advance to elect so many communists, members
of the Komsomol, non-members of the Party, milkmaids, employees, officials,
directors, Russians, Ukrainians, and peoples of other nationalities. This was
claimed to result in an ideal democracy: the council was an approximate copy of
the population of the region. Is it the truth? Yes.
And now let’s have
a look at the problem, proceeding from what real democracy involves. In the
Soviet Union a common political hegemony of the Communist Party existed (Art. 6
of the Constitution, included provisions that a core of the political system is
the CPSU) and such approach to formation of councils
was ideal in the opinion of the CPSU. However, does
it have something in common with democracy? Yes, with communist democracy, but
was the Communist democracy a democracy at all? Certainly,
no. As “Sovetskoye shampanskoye”
(Soviet champagne) -is not really a champagne, so “communist” democracy was not
reeal democracy. Namely, in this connection the
problem of real legal representation in councils came to nothing, because of
this planning. Who were the deputies in these councils representing, and who
were they only pretending to represent?
As a conceptual
example, in the oblast council of Crimea during all its meetings, although a (one
will not name names) poultry farmer was elected, and from another constituency
-a milkmaid, from third one - engineer, but Bulgarian by nationality, but never
were these people really outstanding. In reports of electoral commissions, as a
rule, it was stated, that the elected poultry farmer represents all Crimean
poultry farmers, milkmaid - all Crimean milkmaids, and the engineer - all
Bulgarians of Crimea. And this was considered the common provision throughout
the USSR, not only in Crimea.
Certainly, a
poultry farmer thinks so, to a certain extent, as all poultry farmers of Crimea
think, milkmaid - as all milkmaids of Crimea, Bulgarian - as all Bulgarians of
Crimea. However, under a legal point of view, why can one say that a poultry
farmer represents all poultry farmers of Crimea? Is it possible that all
poultry farmers of Crimea gathered at a meeting and adopted a decision to send
her as a delegate to council and entrusted her officially to represent there
namely the interests of poultry farmers? Is it possible that all milkmaids
gathered at meeting, discussed a candidature of this milkmaid and decided to send
her as a delegate and entrusted to represent there their interests? Is it
possible that all Bulgarians of Crimea gathered and discussed a candidature of
this Bulgarian-engineer and decided to send him as a delegate and entrusted to
represent their interests? No!
In this connection,
it becomes clear that a poultry farmer represents the interests of poultry
farmers, as milkmaid - milkmaids and as Bulgarian - all Bulgarians, only
mythically, and legally they were elected to the council by the voters of a specific
constituency, where live not only poultry farmers, milkmaids, Bulgarians, but
also other categories of the population, who really in a legal way delegated
her by their voting to the council and gave instruction: firstly, to represent,
secondly, to solve there the problems - further there was a list of these
problems. Thus, they being officially elected under Soviet plurality system,
the deputies represented, as everywhere in the world, only the voters of their
constituencies. And non-officially - they represent the interests of those, who
really sent them there: all deputies had an interview in regional committees
and oblast committees and party secretaries said to them: you don’t forget that
actually the Party recommended you as deputies, so you are to be loyal to party
requirements and discipline as well.
Thus, a
representation in the communist system of democracy was broken in to three
components: official (legal) representation of society, which was by
constituency, actually, a representation of party bodies, which sent them
there, and mythical representation of professional, national and other
composition of society according to its characteristics. It isn’t even worth
mentioning that for the deputies and for the system generally neither official (legal)
representation of constituencies, nor mythical representation of society played
a real role? The real role was only the actual representation of interests of
party organizations by deputies, which tipped the scales of all other
components in work of deputies. That is a communist democracy.
Let’s now go to the
analysis of past elections to Verkhovna Rada of Crimea in March 2002. Let’s
take for example, conditionally two of the same constituencies in each of them
25% of voters are Crimean Tatars (this is the mean number, because there were
constituencies, in which Crimean Tatars were 10-15%, and where (30-35%), and
accordingly 75% of the electors are non-Tatar Crimeans.
In each of them, let’s suppose, were registered as candidates 10-12 persons, 2
or 3 of them - Crimean Tatars. The rest of them - non-Tatar Crimeans. The elections were held. In the first of
these constituencies (it happened!) was elected as deputy a Crimean Tatar with
advantage of 10 votes over the next competitor, let’s name him conditionally Nariman. In another of the constituencies was also elected
non-Tatar Crimean as deputy with advantage of 10 votes. They come to Verkhovna
Rada of Crimea, receive a mandate, take seats and Nariman
says: I am a representative of the Crimean Tatar people. Another deputy from
another constituency says nothing. Why, if there are the same constituencies
and they were equally elected? At that time, the voters from the first
constituency, heard it, and are surprised: why does our deputy, who was elected
by 25% Crimean Tatars and 75% non-Tatar Crimeans, say
that he represents the Crimean Tatar people? And what about
us - 75% of the voters who are non-Tatar Crimeans?
Who represents us? On the other hand - did really the Crimean Tatar people gather
here and decide to delegate to Verkhovna Rada of Crimea this (not other) Nariman and entrust him to represent our interests? It
didn’t happen…
Thus, there is
again the old picture: legally all deputies, were elected in majoritarian constituencies of Crimea, to represent their
own constituencies, and actually?
Lets digress from the
subject, there are some caveats to the picture that was portrayed here.
Certainly, Nariman, and other deputies were elected
in majoritarian constituencies, will to some extent
solve the problems of their own voters whether they be Tatars of non-Tatars,
and deputies who are non- Tatars will one way or another solve the problems of
their own voters who are Crimean Tatars. However, what we are discussing is not
this issue but rather the problem of representation of an ethnic people as a social
group. And actually, of 8 deputies who are Crimean Tatars, and were elected now
to the Verkhovna Rada of the Crimea, officially (legally) nobody is able to
state that he represents in the Rada the Crimean Tatar people, because the
people didn’t delegate anybody there. At the same time, concerning one of the
deputies one can say with confidence that the bodies of the Crimean Tatar
self-government stated that he is a communist under political convictions and so
does not represent the Crimean Tatar people. Another deputy was not recommended
for election even by the Mejlis of the Crimean Tatar people. Six deputies who
were recommended for election (certainly, non-officially, because it was not
provided by any law) by the Mejlis of the Crimean Tatar people, and received
the mandate and in this connection to a certain extent can be considered
actually as representatives of the Crimean-Tatar people in the Verkhovna Rada
of Crimea. Namely, it raises questions concerning those 75% of non-Tatar Crimeans in those constituencies: if these 6 (or 8?)
deputies represent the Crimean Tatar people, who represent us, non-Tatar Crimeans?
Thus, what we have?
We have a scheme “6+1+1”, which legally is not a representation of the Crimean
Tatar people in parliament of Crimea, but it is being claimed that this
actually does solve the situation.
Some readers can
say: what about representation in parliament, for example, of Russians, - but
the Russians of Crimea also didn’t organize meetings and did not elect their
candidates.
And it will be a
mistake. Let’s look at the national structure of constituency. As a rule, with
minor divergences it has this composition: among voters there are 60-70%
Russians, 15-20% Ukrainians, 15-20% Crimean Tatars and 3-5% others. Let’s suppose, mainly all of them (or proportionally according to
their own number) came on elections and voted. In our democracy, a
decision is adopted by majority of votes. Whose votes will be greater
considering nationality? Certainly, Russians. Thus, in
each majoritarian constituency who adopted a
decision? - Russian majority. Thus, in the totality of constituencies the
decisions were adopted by same sum of Russian majorities, thus: the results of
elections in general - this is a decision, which was adopted by the Russian
majority of Crimea. Actually, even Crimean Tatars, who were elected in
Verkhovna Rada of Crimea, (because in each constituency Crimean Tatars as
voters are not a superiority, and in all
constituencies Russia voters are the majority) are legally the representatives
of the Russian majority of voters of Crimea.
Thus, it is
understandable, why Communists and Russian organizations of Crimea during
discussion of electoral law always state that it is impossible to allow a
division of voters on the basis of nationality (“do not push us down by
foreheads on the basis of nationality, not divide us in national residencies!”)
- always with any issue whether it be a communist
drive to non-nationalize or to internationalize - the result is the same,
namely hegemony of the Russian nationality, as one can see on our example of
elections. If elections were conducted “divided” on the basis of a system
recognizing nationality, then the parliament would include legal
representatives of other nationalities, but when it is not so divided - Russian
nationality wins on 100%. The internationalism and rejection of national
approaches overall, the way the Russians, “the Slavs” and Communists like to do
it, is really a full hegemony of Russian nationality: everywhere “yes” for
Russian nationality, ans an open and decisive “no” -
for other nationalities, rights and needs of other nations. In this connection,
the Russians never raise a question about Russian national quotas, even if they
raise this question - they would still receive a quota adequately for their
number. For Crimea it means that if will be implemented a Russian national
quota that in the Rada there would be 60-65% deputies from Russian community.
That’s no small measure, but in a true sense that it will be a significant
reduction from what there is now. And really, to raise a question about Russian
national quota - means knowingly to prevent the opportunity to have practically
100% of places (in any case, it is guaranteed - from 90 to 92-95!) and reduce
the Russian currently non-declared “quota” to only to 60-65%. They are parading
around with the claim that this situation is now in practice.
It is necessary to
say that in Crimea an understanding of the problem of representation has
reached a comical level. For example, before elections here the party “Nova sila” (New force) was active. At open press-conference
before elections its representatives stated openly that they have the purpose
“to win” at least in 90% of constituencies. Taking into account that in that
period almost nobody knows this party, and for election there were only 1-2
months, we had a doubt that it is possible. The representatives of the party
openly explained to us, how they are going “to win”. They said we take a
constituency, arrive in the constituency, and familiarize ourselves with the
situation. We observe that among 10-15 deputies have absolute support one or
two deputies, among them we discover a doubtless leader, come to him and say:
you have certain prospects, but we have also certain opportunities. We can
combine our efforts: we assist you to become deputy, but you then will be our
representative in parliament. To the journalists there appeared a logical
question: if a concrete deputy already is a leader and will be able to win
actually without your assistance, for what does he need your party? To come in Parliament on his authority? And here the
elections were held. And what was revealed? At once all parties began to state
that, namely, they had placed so many deputies in the Rada. And when one summed
it up, it was revealed that in the Rada are to be about 300-400 deputies that
is in 3-4 times more than they are in reality. What happened? It was shown that
not only “Nova sila” was so resourceful. A whole
number of parties, which are not able to make something more, visited
constituencies and, namely, used this way for recruiting of deputies. Some more
known and strong candidates said at once to such recruiters: for what do I need
you, to get with my assistance in paradise? And they at once refused them.
However, a great part of candidates, who felt themselves not very confidently,
agreed on “assistance” of some parties at once, but when they passed, they got
into a strange situation, which they didn’t expect: all of these parties, which
really entered with their assistance in paradise, demanded from them the
obligations, and first of all, the obligations to represent in parliament,
namely, their party. Is it worth while to say that from “Nova sila” nobody wanted to work in parliament, though in the
beginning, if you remember, their Napoleonic plans reached 90% of constituencies. So life taught a lesson, namely, life
indicated that a representation in Council - this is not a question of own,
party or corporative ambitions, this is a question, exclusively, of exact legal
recognition, which is to be fixed legally and was proved by actual nomination,
delegation, mandate and correct accountability of already elected deputy for
done work…
Thus, we came to
our first conclusion: in Crimea the problem of representation for Crimean Tatar
people was solved exclusively in the first elected parliament, in which Crimean
Tatars were elected, namely, by Crimean Tatars, Germans - by Germans,
Bulgarians - by Bulgarians, Armenians - by Armenians, Greeks - by Greeks, and
82 deputies - by Russian majority of Crimea. In Crimean parliament of the
present convocation a problem of not representation, but a problem of giving
opportunity for Crimean Tatars to be elected in Verkhovna Rada and other
councils as citizens of Ukraine. Thus, the nationality of a deputy has no
relation to his representation. And really, there are 35 or 40
deputies-Ukrainians among present convocation of Verkhovna Rada of Crimea. But
even a thought doesn’t come into anybody’s mind to say they represent the
Ukrainian community of Crimea, because and so it is understandable that they
represent Russian, or, as one should say the Russian-speaking majority of
voters of Crimea. Theoretically, if there would exist national (for example,
Crimean Tatar) constituencies, it is not obligatory that in which are to be
elected Crimean Tatars, because at this moment already a concrete nationality
of concrete deputy loses any sense. One says, that it is possible
hypothetically to assume that a deputy in such constituency could be elected
Russian (for example, writer Vosgrin, or even any
unknown person for us), but in spite of it, that he was not Crimean Tatar, in
any case he has no place to go - he was delegated, namely, by Crimean Tatars
and he is to represent adequately their instructions and give an account to
them, because, namely, they are his constituency.
At least, 8
deputies-majoritarians, - this is already normal
number. However, this is not a solution of the problem, which we talk about, if
we already with you a priori agreed that a representation (namely,
representation), but not an opportunity to be elected, necessary for Crimean
Tatars. The fact is that it is not obligatory to raise a question, namely, by
such way. One can say - and, I think, one day comes a time for it! - and about it that it is not necessary a separate
representation for Crimean Tatars. Really, if a significant period passes, the
name Crimean Tatar itself will lose any special definition in minds of one's
people, and they will stop regarding them with special caution, Crimean Tatars
will be equal among equals, will be restored their rights and status, and this
means automatically that any elected deputy represents a whole Crimean society,
and not only its certain national part, at that time, namely it - legally
separate! - representation losses all sense. At that
time, a professional business approach wins at elections, in this case, a
nationality of deputy will be not taken into account by anybody - but we need
to come to this moment, at that to live in peace and harmony. And there is no
other way for it: or the Russians give voluntarily a half of constituencies for
representation of other peoples, in particular, Crimean Tatars, or the Russians
will be taken away by way of establishment of special electoral systems, which
don’t give them an opportunity to ignore the needs of other peoples, providing
for 100 per sent (or similar to it) victory at elections and close a way to
bodies of government for representatives of other nationalities. If you think
that it is possible first variant then you don’t know well the Russians,
communists-Russians. Thus, there is no option…
A life convinces
that in traditional majoritarian system, particularly
in Soviet under structure of majoritarian system, a
problem of representation can be solved at practice only for that ethnical
community, who is a majority of people either in the whole territory, or in
separate constituencies, and namely, it receives practically a valuable legal
representation in bodies of representative power. At the same time, for
providing with rights for a representation of that or other minority necessary
the special electoral schemes, or special electoral systems, which would differ
from a general majority. There is such law in general, that national questions
- or that is a legal representation in bodies of government, or
national-cultural, and national-educational problems, which cannot be solved in
system for adoption of decisions by general majority. For solution of these
questions it is necessary to establish separate systems for adoption of
decisions not by general majority, but a certain, national majority, or any
national community. Instead of general democratic system are to be established
partial systems for adoption of decisions, which would satisfy not the
requirements and opinion of general majority, but the requirements and opinion
of separate national majorities. The traditional majoritarian
system doesn’t meet these requirements. It is necessary either to add it by
quotas, or proportional system with giving right for nomination of candidates
by national associations or other organizations.
This is also a
question, which is discussed a lot. And really, under tradition only political
parties or blocs have a right in proportional system for nomination of
candidates. In this connection, for example, theorists from SDPU
(u) object to opportunity of adoption of such electoral law for Crimea, which
would provide for participation, as subjects of electoral process, the
national-cultural associations of Crimean Tatar people and national minorities
- Armenians, Bulgarians, Greeks and Germans if one speaks about deportees,
including Karaites and Krimchaks if one speaks about indigenous peoples. For
confirmation of one’s opinion they appeal to the example and experience of
parliamentarism in France, Germany, and other states, which allow neither
quotas, nor voluntary, national-cultural organizations as subjects of electoral
process.
And here it is
necessary to look at that, what we have dealings with?
We have dealings
with only non-typical situation there are analogues practically nowhere in the
world. So why, should we go to adopt an experience in France or Germany? It is
understandable that we adopt some common principles of parliamentarianism,
organization of electoral process as well, but really they have deported
peoples, who are returning to Motherland, really they though sometimes solved a
problem of representation of deported peoples in parliament? Can we ourselves
in this question emulate anybody? Certainly, not.
Thus, our non-typical
problem can be solved only by non-typical methods. That is if for its solution
it is necessary to allow the national-cultural associations or Mejlis of the
Crimean Tatar people to be subjects of electoral process, despite that it is
not registered in accordance with the Ukrainian legislation, that it is
necessary to do it despite whether there is this in France or Germany or not.
It is only our experience, which is to gain only by our new methods. It is not
necessary for it to copy exactly an experience of parliamentarianism of other
states, for it necessary to bring in already known in the world the electoral
systems own mechanisms, which would provide for a realization of appropriate
task. However, in this case, certainly, for purity of experiment and full
accordance with legislative legal norms one should consider as representatives
only those persons, who were officially authorized by anybody and gave them
instructions - to represent their interests and act in the their interests.
Because we have an absurdity: the deputy of Verkhovna Rada of Crimea Lentun Bezaziyev votes from the
position of communists in parliament of autonomy, who deported Crimean Tatar
people from Crimea, and who soap people eyes by principle of non-nationality of
electoral process and internationalism, and at the same time he says that he
represents the Crimean Tatar people. The deputy of Verkhovna Rada of Ukraine,
which was elected by list of Communist Party, Zarema Katusheva, says that all deputies are to be representatives
of Soviet people, that nobody has a right to solve a problem of Crimean Tatars
from the national positions and so on. Moreover - it requires quite seriously
from other participants of discussion an attention to their point of view.
Really, can one solve a problem of representation for Crimean Tatars in bodies
of government, disengaging oneself from national approaches?
Let’s remember how
this problem appeared? Really was it caused by us? No, the problem was caused
at least on May 18, 1944, when the Stalin’s regime namely by national identity
realized a deportation of some peoples from their historical places of living.
I stress - namely, on basis of national identity: if in your passport was
written Russian - you were left alone and live further in Crimea, if in your
passport was written Tatar - you were exiled with arms to Uzbek’s steppe, taken
away house, all gained property and the main thing - land. Obviously, the
parents (may be, grandfather and grandmother) of Zarema
Katusheva, who also undoubtedly suffered a
deportation, and one should in that period, on May 18, 1944, came to those Beria’s soldiers with submachine guns in hands and say
them: what are you doing, you do us divide on basis of national sign, divide us
in national flats, one shouldn’t do it in any case! And what would they say? Or
if anybody in that period had the courage to write a letter to “Great Stalin”,
who is now again praised by communists, and informed him about one’s opinions
that one cannot deport people in general, and particularly, on basis of
national sign, - then where was he in two days? One says that Solovki is not yet the most terrible place in the system of
Stalin’s repressive camps. Zarema Katusheva
says that there are a lot of communists among Crimean Tatars, and so its
ideology is to be respected by the entire Crimean Tatar people. Is it so? Only,
Crimean Tatars, as Ukrainians, as Russians and other peoples should remember
that for totalitarian regimes a belonging even to one’s own party had never
been a pardon from repressions. Let’s remember those honest communists, who by
millions went to gallows, camps, execution, collectivization, exile, let’s remember
Veli Ibraimov, another
thousands loyal persons of Leninism, who didn’t understand the fascist’s core
of communist’s doctrine, whose minds were fogged by tales concerning justice,
equality, truth, struggle for happiness of destitute persons. Where were more
destitute, executed, exhausted, deported persons, who were forced to slavery
free work - in that part of the world, where ruled or though tried to rule
communists, or where there was no it? So.
Thus, one is to
come to another important conclusion: the communists, in any form they would
show their management, are not able to solve a national question in general,
and problem for fair legal representation of peoples in bodies of
representative power in particular. In this connection, would be very fair a
slogan: to elections without communists, to elections without communist’s
experience, don’t allow communists to deceive us!
ON RESULTS OF ELECTIONS IN CRIMEA, WHICH WERE HELD IN MARCH 2002
AND ABOUT NEW DRAFT ON ELECTIONS FOR ARC, WHICH WAS PREPARED
BY L.HRACH AND Z.KATUSHEVA
Zarema Katusheva,
People’s deputy of Ukraine, CPU
As a whole, the
results of recent parliamentary elections are very complicated and
polysemantic. No one of the political forces brought in parliament a sufficient
number of deputies for solution of the problems raised. The last elections
showed, how imperfect is the law on elections to Verkhovna
Rada of Crimea. In this connection, we as subjects of legislative
initiative, using our own constitutional right, I and L. Hrach submitted in
September 2002 for consideration by Verkhovna Rada of Ukraine the draft law on
elections to Verkhovna Rada of the ARC.
The draft law on
election on proportional basis was introduced on previous convocation by our
party comrade Shtepa N.P.
This draft law differs from ours in that to the opinion of Natalia
Petrovna, one’s own candidates could be nominated by
national-cultural associations or their blocs. Unfortunately, this draft law
was not approved.
The Verkhovna Rada
of the ARC - this is the body of political and economical management of Crimea,
which forms a policy and economy on the peninsula. The NGOs and
national-cultural associations are not political parties, in this connection,
their interest is narrowly specific. Each party, at least, has a goal to form a
majority and come to power. At the same time, the NGOs and national-cultural
associations have quite other tasks.
Dear present
persons, today here, “at round-table”, I express a position of Crimean
Republican Committee of Communist Party of Ukraine, that fully coincides with
my vision of solution of this problem as communist, as Crimean Tatar.
In my speech I
dwell on moments, which explain why we are “for” proportional system of
elections and “against” majoritarian. To opinions of
experts of Ukrainian Independent for Political Researches, the proportional
electoral system is optimal acceptable for Ukraine. I would like to remember
present persons, that President of Ukraine reconsidered his private position
concerning proportional system of election in favour of it.
The proportional
system of elections could not only provide for representation of the broad
spectrum of political forces in processes of self-government, but also speed up
a solution of the most sensitive problems of the region.
The political
restructuring of Crimean parliament could minimally reduce consequences of
traditional opposition of both branches of power in Crimea. At the same time, a
present electoral law, which defined a majoritarian
system of elections, is one of the obstacles for specific “freezing” of present
problems that in no way influence on harmonization of mutual relations between
different political forces as in autonomy, as with official Kyiv.
The basic, main and
serious issue is inter-ethnic problems. Under proportional system of elections
each people has a right to nominate their own representatives through political
parties. The leading states of West prefer to hold elections under proportional
elections. To date the proportional system of elections is recognized as most
progressive form of elections.
A majority of
present persons here supports integration into Europe. Let’s be consistent in
our own actions! Elections to majority of European parliaments and European
Parliament are made in accordance with proportional system.
Last elections
showed a malignancy and putridity of majoritarian
system of elections. There is no secret, that where the elections were held
under majoritarian system, they were transformed into
ring of money-bags. The law on majoritarian system of
elections transformed into political swindle, robbing own people. That, who
expended great money for receiving place in parliament, coming to power,
doesn’t think on realization of well written election program, and press own
people to return money, which he expended for buying of votes. All of present
persons here understand that to legalize majoritarian
system of elections - it means to legalize a buying of people’s mandate, it
means to admit criminal in power, and to differentiate society in accordance
with social, ethnical, political signs, and to finish off completely own
impoverished and already disappointed people, who for last 11 years of life in
period of capitalism felt itself all amenities of “independence”. Further, to
not take a lot of your time, I would like to state “negative” of majoritarian system and “positive” of proportional one.
- The majoritarian system of relative majority is effective only
in conditions of formed two-party system. A process of establishment of
two-party system lasts for centuries. In this connection, we have not the
nearest prospect to form a democratic political system on basis of two-party
system.
So, for example,
the two-party system in Great Britain has been formed during three centuries,
the two-party system of USA forms over 100 years, in France, where there is
multi-party system, the elections are held in two rounds, in Germany - mixed
system of elections, Poland and Bulgaria hold elections under proportional
system.
- Under majoritarian system of relative majority, the constituency,
as a rule, is represented by a deputy, who was elected not by majority of
voters of constituency, but its small part. Nevertheless, he speaks on behalf
of voters of his constituency; a majority of them is his political opponents.
Under majoritarian system of elections one can more
optimally realize a subornation of voters and falsification of elections. It is
easier to manipulate by court decisions in favour of most powerful candidates
in deputy that we saw at last elections. Thus, with assistance of shady teknologies from electoral distance, were removed such
party fighters, as Zubarev V.L.,
Ivanov A.Ya., Reutska Ye. V., Yefanov
V.A., Kornilov Yu.P., and lot of others. I don’t speak about that
pressure, which was placed upon the leader of our party L.I.
Hrach. By the highest standards, were lost not abovementioned candidates in
deputy of VR ARC, but voters. Because,
in face of these high-respectable, honest candidates they lost frank defenders
of their own interests. However, in spite of all attempts of our
opponents “to stifle” an idea of passing of communists in Crimean Parliament,
somebody succeeded all the same to get deputy’s mandates. There are among them Bondar A.P., Ivanenko
P.I., Degtyarov V.G., Bezaziyev L.R., Korotkih S.V., Kazarin V.P., Kolisnichenko N.P., and others.
Understand that for
the authority it is easier to use administrative resource in single-mandate
constituency.
It is easier to use
election committees, to influence on them for their benefit. For
holding elections under majoritarian system are
expended much more money than under proportional one.
Under majoritarian system the elections are transformed into
permanent (constant). In the middle of parliament it is easier to buy so-called
independent deputy either by way of administrative pressure, or by way of
subornation. (Under party list - more complicated).
At last elections
was seen that a majoritarian system was transformed
into anti-democratic.
The upsurge of
cases is a product of majoritarian system of
elections. Under majoritarian system of elections the
actions at law become mass event, and political forces try to politicize the
courts.
The West experience
shows that a majoritarian system of elections was
adopted at elections of regional, settlement and rural communities. Can you say
what party is responsible now for budget, and who forms our government? Under majoritarian system of elections the votes, which were
given for candidates, who lost, are lost, that overrides a picture of citizens’
opinion, and practice shows, this is up to 80% of electors.
- Proportional
system allows more exactly to reflect the interests of
all social and ethnical groups of society and more fully to represent them in
parliament.
- Action of
proportional system significantly to speed up a process of formation of real
political parties.
- This influences
good on formation of civil society, its restructuring
(for example, SDP (u)).
- The proportional
system of elections costs cheaper for national treasury. No repeated elections.
In case of leaving of deputy, his seat is taken by next person in list, and
thus, there is no necessity to hold repeated elections.
- It is easier to
organize a work of election committees.
- It is easier to
control election process and to avoid violations.
- To realize
maximally exactly tasks in representative power. Each party has clear ideology
in area of social and economical policy.
- Proportional system
allows to reinforce the responsibility of party before
voters.
- To force party to
make real political programs and tries maximally fully to realize them.
- One allows to form a responsible government on party basis.
- It is more
complicated to deceive voters by unrealizable promises.
- The party list is
formed of representatives of competent persons under territory.
- There is a tight
control over activity of deputy. Under proportional system of elections there
is a maximal registration of votes of voters.
As I said before,
the proportional system of elections concerning Crimea, allows the most fully
to solve problems of ethnical representation in parliament through political
parties and blocs. If anybody of you thinks that 4% barrier not shows a complete
picture of electoral system, that one can revise it. On the
other hand, under 4% barrier to form easier a government. History
doesn’t know a creation of coalition government of more than 5 parties. I have
no doubt that present persons have a certain interest to my attitude to quota
for deportees. For me, as Crimean Tatar, the definition “quota” sounds as
humiliation of my people, because only certain aborigines, the Papuans use a
quota because of their restrictions.
The Crimean Tatar people more then successfully forms a political elite. Crimean Tatar
people has no problems, nominating own
representatives through political parties. I am proud that my people has more percentage of specialists with higher
education. If to establish quota that Crimean Tatar can more
to lose, than to receive. It is enough to consider the draft law, which
was proposed by Yu. Kluchkovskyi. In accordance with his project, Crimean Tatars take 7
seats in Crimean parliament. To date there are 8 Crimean Tatars in parliament.
Really, the abovementioned draft law is not as usurpation of will of the
Crimean Tatar people.
There is no
necessity to bring disharmony in political situation in Crimea. There are
enough problems on peninsula. If one raises a question on quotas, it will
violate a political balance. Everything is enough brittle without it.
I call all of the
present persons to give their own vote for proportional system of elections. I
am convinced that those who don’t speak and worry about our own Crimean
Motherland, its future, choose the most progressive system of elections -
proportional.
FOR CRIMEA IS MORE REAL THE MIXED SYSTEM OF ELECTIONS,
BECAUSE A TIME FOR QUOTA ALREADY PASSED
Olexander Formanchuk,
political scientist,
head of Department on information,
analysis and protocol of Verkhovna Rada of the ARC
I wouldn’t like now
to break into discussion, about whether quotas are necessary for formerly
deported Crimean Tatars. However, I note that they are less critical than they
were 5-6 years ago, and this is just an evidence of what was said by Refat
Chubarov, that in principle our attitude already to the problem of
representation of the Crimean Tatar people in bodies of government is more
serene.
I listen
attentively, can R. Chubarov, prove his opinion that in one’s period (in that
period I worked in Crimean Oblast Committee of Communist Party) we really
developed a plan of settling of Crimean Tatar in such a way that in regions of
Crimea they never constitute more than 25%.
It means that there
was a real communist approach to insure Communist Party retained the right for
monopoly on power. I already expressed my opinion that stirred up the
resentment of Natalya Gavrilova,
and she remembered it on pages of the newspaper “Krimskoye
vremya” (Crimean time). However, however we regard it
- this really occurred. And the referendum on restoration of Crimean autonomy
we also held practically without participation of Crimean Tatars. And we
knowingly did it; we wanted to avoid Crimean Tatars so that they further could
make less claims on an assertion of their right for national-territorial
autonomy. And I can be absolutely open to say about it, because I was one of
the initiators and active participant to hold a referendum in Crimea. I write
about it in my book “the myths of Soviet epoch” extremely open and frankly. I
say it now first of all that we need now to convince ourselves that on the eve
of the collapse of the USSR we really unkindly met the return of Crimean Tatars
after deportation. And we established the autonomy of the Soviet model.
However, namely, it was contrary to those inertial processes, which appeared
after the collapse of the USSR. That is the USSR collapsed in 1991, and Crimean
ASSR existed and exists in certain measure up to now.
It still exists, while we don’t find democratic approaches for solution of
those problems, which were defined now.
One of the most
critical problems is, namely, a representation of Crimean Tatars in bodies of
government. In the beginning of the 90's we adopted a law on elections with
quotas for formerly deported people. Here is present Boris Vasilyev,
he is one of those, who sensibly regarded this, being in the composition of the
Verkhovna Rada of Crimea, and supported this idea. In my opinion, it was at
that moment the single sound decision, though it is now criticized by political
opponents, that I and Bagrov did it. I am convinced,
and once again stress it, that at that moment this was a very sound decision
and it was rightly understood by Crimean Tatars themselves. The faction “Kurultay”
assisted significantly to keep a stability and balance in Verkhovna Rada, and
gave certain steadiness in spite of what occurred there. But now I am speaking
about quotas and express my opinion, that in principle “the train went”.
Currently, neither Verkhovna Rada of Ukraine, nor Verkhovna Rada of Crimea
supports a quota principle. I am deeply convinced about this, because moods and
situation have changed. Currently, the main argument of those, who opposed
quotas - and for what it is necessary, if at recent elections in bodies of
representative power - 14% Crimean Tatars, in Verkhovna Rada of the ARC - 8
Crimean Tatars. In this connection, it is necessary to be a realist. I
understand the opinion of Leonid Pilunskyi, who said,
that just try to explain in the variant of the draft law by Kluchkovskyi
9 national constituencies (7+2) should not be interpreted as quotas. I can, Mr.
Leonid, to admit your arguments, but the fact is that I am convinced that you
cannot explain it for a majority of deputies of Verkhovna Rada,
most of them equally apprehend it as quota principle.
The representation
of Crimean Tatars in Verkhovna Rada of Crimea is a very sharp subject, which is
very consecutively and emphatically, raised by Mejlis of the Crimean Tatar
people for the last years. The Mejlis today has an opportunity legally to
defend this opinion in the network of the Council of Representatives of the
Crimean Tatar people under President of Ukraine. I think there is certain
progress in this question, though this subject remains sharp enough. When I
worked as adviser to S. Kunitsin, we spoke a lot
about it, and it is necessary to give him his due, he kept his word, that, one
says, at level of deputies heads of regional state administrations Crimean
Tatars today are represented practically everywhere. However, there may come
that time, when and at the level of heads of regional state administrations
could appear persons of Crimean Tatars, who could be trusted in such a high
post. I understand that this process is gradual, may be, it is not necessary to
speed up it. Currently, Crimean Tatars study in the Academy for State
Management as well. That is an on-going process. And in spite of that an
inertial approach from the hand of officials of executive power remains, but a level
of distrust nevertheless is reduced. One should note that worthy Crimean Tatars
more and more are represented in bodies of executive power.
Now
concerning deputy’s corps. I am a member of the Work Group, which is headed by V.O. Kyselev, which prepared its own
conception, and variant for parliamentary hearings, on which I already spoke. I
expressed my own opinion, it was fixed in protocols, but it didn’t become an
opinion of the Work Group as a whole. As you know, the Work Group chose a majoritarian system.
I also think that
already there is no sense to remain a majoritarian
system, because it discredited itself a lot because of different circumstances.
Here Yefim Fix said a phrase that perhaps it is
necessary to preserve it in Crimea. I do think that enough 3 mln. USD to buy “control packet”
of shares at Verkhovna Rada of Crimea under such technology, which was
successfully used by L.Myrimskyi and V.Khmelnitskyi. That is the technologies really worked, we
have such people, who are, there are no other people. And this is, first of
all, the consequences of communist education. Under this opinion, certainly,
one should take any step forward. On the other hand, I as political scientist,
as citizen, understand that there are no different steps from one extreme to
another in society. I agree with opinion of O.Kislyi
that one should to press towards it, it is necessary to take these steps.
I think the
Verkhovna Rada of Ukraine hardly preserves or merely majoritarian
system, or adopt the law on proportional system in autonomy. It seems to me
that more compromise and real variant could be the variant on majoritarian-proportional system. As for me, the Verkhovna
Rada hardly will be able to adopt this law before elections of president. I
doubt deeply in it. Probably, this law could be adopted after elections of
president, because very much depends on the present situation. And a question
of elections of president is today as central for Ukraine; this is a question
of struggle for power.
I understand those
parties, which propose and follow that or another rule. I react with
understanding to the opinion of Z. Katusheva, she is
frankly in this plan, and I necessarily regard it with respect. Communists
received very easy 35% on March 31, and they hope to have approximately same
percent under proportional system. At the same time, I doubt that Communist
Party gives Crimean Tatars so much places that they
could legally represent interests of all Crimean Tatars. Here I doubt deeply.
Of course, Leonid Hrach understands well that Crimean Tatars are to be in list,
and they will be represented, but they will have as many places, as th leader wants. This is political
interests, here there is one’s logic, and it has a right for life. To my
opinion, Refat Chubarov has a more objective approach.
In Crimea for last
11 years appeared one phenomenon. I think often and say openly about it lately.
In principle, Crimean Tatars in face of Mejlis frequently proposed drafts,
which were real as a whole, objectively necessary, but in the beginning they
were always given a hostile reception. And only in certain time they received
any support. Perhaps, this phenomenon is explained by that Crimean Tatars in
face of Mejlis more objectively approaches to estimation of political
situation, searches any variant, which would maximally take into account
different political moods in society. And this weighted approach, to my
opinion, is observed in the variant of draft law, which was mentioned by R.Chubarov, but I think it also is unlikely to be supported
in Verkhovna Rada. So, I think what will be next, possibly, will be a not quite
successful compromise It will not be quite a proportional system in Crimea, as
well as, I hope, not a quite majoritarian system,
because already it is now really an anachronism.
I welcome the
aspiration of the Communist Party to take into account Western experience,
which before for them was so hateful. It can only be welcome. I thank Volodimir Pritula that he raised
this theme. This just testifies that there is still interest to influence
somehow on deputies, from whom depend adoption of that decision, including in
Crimea, to make them more soberly and objectively to estimate a situation and
propose those variants, which adequately reflect a situation in society and
level of social moods, and are more adequate to our movement on way in
improvement of election system.
It seems to me, and
I want to believe, that the recommendations of present “round-table” will be
useful and be heard by anybody. Not for a while yet the moods in Verkhovna Rada
of autonomy among a majority of deputies are to retain the status quo.
Obviously, that was dictated by some measure that Refat Chubarov said about:
not suit today many people. However, may be, one cannot also to follow only
such principles, it is necessary to think about tomorrow. I think that our
“round-table” will be also useful in this plan.
SDPU (U): PROPORTIONAL SYSTEM OF ELECTIONS SOLVES A PROBLEM
OF REPRESENTATION OF ALL ETHNICAL GROUPS
Yefim FIX,
1st secretary of Crimean
Republican Committee of SDPU (u)
I am very thankful
for having the opportunity to express the opinion of the Crimean Republican
Committee of Social-Democratic Party of Ukraine (united).
When we looked
through 8 drafts, which were submitted at parliamentary hearings we came to a
conclusion that there is a necessity to prepare our own variant. This document
already passed our approbation and was submitted to Verkhovna Rada of Ukraine. Volodimir Voyush was charged as
People’s Deputy of Ukraine to register it in Verkhovna Rada.
Concerning the
problem of representation of the Crimean Tatar people in bodies of government
of autonomy, and in connection with it, connecting it with new election law, I
am very glad that the position of R.Chubarov, and Z. Katusheva coincides in the plan that a representation of
the Crimean Tatar people will be under proportional system. It can be complete,
total-lot, or partial. We will not to talk - 90/10, or 50/50, we talk, as about
fact of proportional system, concerning which now are coincided different
opinions. This system really could represent fully the interests of the Crimean
Tatar people in bodies of government of autonomy. This is very important
question, and we consider it, really, as very serious question.
Here was expressed
the argument that the proportional system separates, remove deputy from his
electors. It seems to me that those who spoke about it,
didn’t believe themselves in it. It is enough for it to give two examples. When the government of the ARC has considered recently a question
on rise in rent from 21 to 41 kopeck, - nowhere there was any rejoinder from
deputies, who represent interests of their voters. In question
concerning heating - also no one of 100 deputies advocated for their
constituents. In this connection, this argument is not quite serious.
In the draft, which
we developed, we tried to answer on some questions, concerning how we
understand this situation. Who can be a participant of election process -
political party or bloc? Are the national-cultural associations able to take
part in election process? Are the national constituencies necessary? What kind
of procedure is needed for formation of election commission? And the main thing
is - what kind of mechanism, all the same, for providing for the responsibility
of a political party before its own voters? Here we have tried to answer some
of these questions.
First of all,
concerning participation of the political parties or blocs in elections, in
election process, we maintain that only a political party can be a participant
in the election process. I gave an example at parliamentary hearings, and I
repeat. Elections in 2002, March. The bloc “Nasha Ukraina” (Our Ukraine) received rather more than 9% of
votes, and “Russian bloc” received rather more than 4% of votes. Does this
reflect the realities of the Autonomous Republic of Crimea? Certainly,
no. It is other thing. The bloc “Za Yedinu Ukrainu” (For Common
Ukraine), it is understandable - administrative resource and so on, but there
were people, who frankly voted for this bloc, isn't
it? And there is no such bloc. Whom to believe? Where to search truth and where
tracks? So, participation in the election process by only political parties
raises the responsibility of the political party itself before the voters. And
at next elections nobody already votes for this party. We have a good example,
when in 1994 the bloc “Russia” received over 50% of votes, and in 1998 not one
representative of bloc “Russia” was elected to Verkhovna Rada. Another very important moment. We don’t exclude a variant
that deputies can vote for participation of blocs of the political parties in
election process. In this situation, to our opinion, it is necessary to raise a
responsibility that is if a bloc of two parties takes part - that is to be not
4% for passing, but 7%, if of three parties - 10%, of 4 and more - 12-13%.
Namely, then, this corresponds to democratic principles, and democratic
approaches in election process.
Concerning
participation of national-cultural associations in election process. We say about
national-cultural associations and refer to the Law “On associations of
citizens”, where it is clearly defined that NGO doesn’t make political aims,
that is it, already even proceeding from this reference, cannot be a participant
of election process. But moreover, the article 12 of law “On NGOS” says that
members of political parties can be only citizens of Ukraine and only who came
of age of eighteen. That is it conforms to the election system, and election
legislation as well. At the same time, the members of NGOs can be as citizens
of Ukraine, as citizens of other states, including stateless persons, who came
of age fourteen. It means this cannot be already as basis for participation of
national-cultural associations in the election process. There are no
objections. If Verkhovna Rada of Ukraine makes changes in law of Ukraine “On
NGOs” (that is it brings into accord with election legislation), that one would
consider a question on participation of national-cultural associations in this
process.
Concerning
national constituencies. This is very serious, important and main issue. Our
position - we are against national constituencies. Currently, one said that
there were 14 persons; it is proposed to have 7 constituencies, it means 7
places. But really - whether there are 14 or 7 - does this solve a problem,
when there are generally 100 deputies? Certainly, not.
So, it is necessary to find another mechanism. Another mechanism - this is
participation through political parties and blocs.
If to say about
equality of rights of peoples, that we put questions, which provide for
conditions of formation of bodies of local self-government in places of compact
living, in order there representatives of deported peoples really take part in
questions of socioeconomic, cultural development of own region. Thus, here this
question can be solved. Will Crimean Tatars be represented by the political
parties in their electoral lists? There are over 1500 representatives of the
Crimean Tatar people in our Crimean Republican Organization. And certainly, we
even proposed Crimean Tatars as candidates at elections in 2002.
I don’t speak about
formation of election committee. Concerning the principle for
providing for the responsibility of deputies. There are mechanisms,
which are used in legislation of Germany - the responsibility of a deputy, who
was elected under a party list. If a deputy doesn’t fulfill his obligations,
switches from faction to faction, does not support the decisions of his faction
- it is to be the decision of the party or that body, which included this
representative into list, to recall this person and add to the deputy corps of
this faction the next person in their list. To my opinion, one could also use
this mechanism, to protect the interests of representatives of deported
peoples, in particular, the Crimean Tatar people in bodies of government.
Concerning
executive bodies of government. Statements that in regional state
administration is to be one deputy head of regional state administration -
representative of Crimean Tatars or two representatives, who will be at the
head of certain departments as well - this is a far-fetched thing. Why one? And why not 5? Why in Belohorskyi
region under such percentage of representatives of the Crimean Tatar people is
to be only one representative of the Crimean Tatar people - deputy head of
regional state administration. And why not as head of state
regional administration? And why not 3 persons?
Because it is not necessary to create something piece. It is necessary normally
humanly to come to this question, and not look at national signs as well. If
this person is worthy, let him work for the welfare of the Crimea and Crimeans. It is our position.
RESULTS OF ELECTIONS - 2002 AND CRIMEAN TATAR QUESTION
Petro VOLVACH,
academician,
head of all-Crimean
Association of scientists
“Crimea with Ukraine”
manager of Crimean Center
Independent Political
Researchers and Journalists
The yard-keepers
and charwomen didn’t even have time yet to clean as it is untidy Crimean
places, settlements and villages from pre-election trash, and already the
Central Election Committee of the autonomy by the mouth of its exhausted head
only published the results of elections to Verkhovna Rada of Crimea and bodies
of local self-government, when some Mass Media being not very loyal to Crimean
Tatars, with team of their own leaders and oligarchic sponsors started
emphatically to make the Crimean population change its mind about final the solution
of one of the most sensitive issue for the region - a lack of representation of
Crimean Tatars in bodies of government. But, and Communist Crimean authority,
and very became impudent any “Russian associations”, “Slavic” and “Cossack’s
unions”, which for show, and most of all for raise of own atonic
rating constantly voted for the most democratic in the world local
constitution, equality of rights of election legislation for all ethnic groups,
who live in Crimea, nevertheless they understood well that namely a lack of
Crimean Tatars as in Crimean parliament, as in bodies of local self-government
and executive power is “Achilles' heel” of their policy and generator of
political and social tension in this important region for Ukraine.
So, an election of
7 deputies-representatives of the Crimean Tatar people to Verkhovna Rada of
autonomy, under opinion of permanent opponents and implacable enemies of
Mejlis, is a cogent argument of perfection as Crimean constitution, as laws on
elections and solution of the Crimean Tatar issue. Thus, opposition-to-Mejlis
newspapers “Krimskoye vremya”
(Crimean time) and “Krimskaya pravda”
(Crimean truth) have hurried to assure voters and Ukrainian legislators that
the idea on quotas, which during 10 years has been proposed by Mejlis and is
discussed by Crimean politicians, is not already a current topic.
Thus, what is the
situation on representation for Crimean Tatars in reality? In accordance with
information of election headquarters of Mejlis, which is referred by “Ukrinform”, in local bodies of government (without
Sevastopol) was elected 957 Crimean Tatars, that is about 13,9% of whole number
of deputies, who were elected in local, rural, regional and settlement
councils. If to take into account that Crimean Tatars according to their number
constitute 12,3% of total number of Crimean voters -
this as compared with elections in 1998 is a great achievement. It became
possible for Crimean Tatars, first of all, due to
consolidated activity of Mejlis, which authority among its people is very
great. Crimean Tatars understand more and more that, namely, a representation
of their representatives in state echelons and bodies of self-government allows
them to solve quickly urgent economical and common problems. We are to stress
that election headquarters of Mejlis, to our opinion, carried out skillfully
enough agitation work among the population. So, at the level of bodies of local
self-government in majority of settlements one succeeded to remove a
competition between representatives of Crimean Tatars. One can assert that a
destructive activity of Crimean communists and especially their leader and
ex-speaker Leonid Hrach on separation of the Crimean Tatars was failed. It did
not help that the adventurous communist “leader” of local importance and
already ex-speaker established the council of obedient Crimean Tatar old men
and cherished dubious deportee and also already ex-vice-premier.
At elections in
2002 Crimean Tatars acted more offensively, consolidatedly
and purposefully, which affected the final result. At the same time, an
activity of Crimean Tatar voters significantly increased. For last 4 years due
to positive changes in legislation of Ukraine on citizenship a number of
Crimean Tatar voters, in 2002 in comparison with 1998, was increased by more
than 60,000. Obviously, there is here and such factor, as significant
rejuvenation of Crimean Tatar voters. Every time, the young generation is drawn
into elections. Actually, voters already include those, who arrived in Ukraine
as children. This generation of citizens of Ukraine was already formed in
Crimea. In connection with higher number of young Crimean Tatar families a
process of rejuvenation and increase of a number of Crimean Tatar voters will
be diligently developed. A situation can be formed by such way that opponents
of giving quotas for Crimean Tatars in representative bodies and governmental
structures of the autonomy soon themselves will a demand quota for their own
ethnic group. The analysis of last elections clearly testifies that a
predominant majority of voters gave their votes for candidates of Crimean
Tatars, who were recommended by the Mejlis. It is significant that in many
regions they were able to attract multi-ethnic voters to their side. It
happened, because in their pre-election programs Crimean Tatar candidates
focused on nothing more than national problems, and proposed for voters a
solution of a whole complex of social and economical questions important for
all, which worry all inhabitants of that or another region.
One can assert that
the results of elections were positively influenced. And that the main
opponents of Crimean Tatars and Mejlis - communists - in this yearly election
race were forced to carry mainly defensive struggle against very strong and
significantly younger under age requirement the bloc by Kunitsin.
A year ago, the speaker without foresight deprived a premier place to Serhiy Kunitsin, who was
authoritative among the pragmatic part of Crimean voters, and thus changed him
into a winner-oppositionist. Thus, Leonid Hrach and Crimean communists by
initiating a pre-election struggle against ex-premier S. Kunitsin,
already had no time and forces against Mejlis and Crimean Tatars.
And the fact that
during the election of Leonid Hrach for post of head the Verkhovna Rada, he was
supported only by 22 deputies cogently provides that communists lost the
pre-election struggle at two fronts, which was imposed by them. The
anti-communist majority in Crimean parliament and lack of most
orthodox-adventurous Leonid Hrach among deputies gives grounds to predict with
high probability further reduction of rating of the Communist Party in region.
The de-communization of Crimea positively reflects on democratization of all
areas, as in political, as in economical life, undoubtedly, positively will
influence on solution of the Crimean Tatar issue. The election of deputy head
of Verkhovna Rada the member of Mejlis and active figure of the Crimean Tatar people
Ilmi Umerov and some
ministers and heads of republican committees is significant evidence that a
process of entering of Crimean Tatars in state corridors is started, and it is
irrevocable.
At elections in
2002, Crimean communists, who caught immortal “Russian idea” and “alliance with
Russia” in former radically, disposed Meshkovts and
present “Russian communities”, adroitly stole a march on them and not without a
motive for themselves personally treaded path to “belokamenaya”.
However, though this political turn and taken away a certain number of votes
from “Russian bloc” (for it in Crimea was voted only 48% of electors against 10,7% in 1998), nevertheless in comparison with 1998 the
communists lost in present election campaign 58215 voters (on 15,1% less than
in 1998). In one's turn “Russian bloc” in elections to Verkhovna Rada of Crimea
deprived Hrachits 5-6 deputy’s mandates that to a
certain extent strengthened the position of bloc by Kunitsin.
Thus, now in Crimean parliament the pro-Russian disposed deputies will be
forced to balance between pragmatic majority of S.Kunitsin
and communist fraction which lost its leader. Thus, in Crimea is observed a
stable tendency of repulsion of voters from bearers of communist’s ideology.
And even in this very complicated multi-ethnic region begin to win a pragmatism
and strong intellect. An improvement of economical situation in autonomy,
arrangement of production and overcoming of unemployment can significantly
changes also a political orientation of those voters, who were exploited by
communist’s ideologists during last ten years. An indicated thing positively
influences also on solution of many problems, which are daily faced by Crimean
Tatars in Crimea. An analysis of likening of voters at level of elections to
municipal bodies of government testifies that in elections in 2002, it openly
gives preference to candidates-pragmatics and professionals, and not tiresome
political equilibrists and street demagogues. It is wholly natural that to
local councils of Crimea, under information of Mejlis, was elected 7,2% of Crimean Tatars, in regional councils - 12,1%, rural
councils - 16,1% and in settlement councils - 8,2%. The results of elections in
2002 cogently provide that under an effective election system only compact
living of people can provide for Crimean Tatars a representation in bodies of
government. Under such conditions the question on giving quotas for Crimean
Tatars in bodies of government could not be political actual and expedient. It
could be successfully provided also by legislation, which was effective in that
period in Ukraine. A presence of Crimean Tatars in bodies of government of
Crimea in first years of return to Motherland could change radically the
political situation in the autonomy. The former communist leadership of Crimea
realized this well. So, it relied on a lack of legislation in Ukraine, which
could regulate a return of formerly deported persons, it did it's best to not
allow their compact living in Crimea. Without taking into account the legal
rights of Crimean Tatars the local communist orthodox persons made so-called
land reform in next years. Namely, these political-social delayed-action mines
today are the main reasons of tension and resource for instability on the
peninsula.
The elections in
2002 showed that the most numerous deputy corps of representatives of the
Crimean Tatar people was in regions of their compact living. So, in Belohorskyi district
in regional council were elected 38,8% Crimean Tatars, local council - 26,6% and 24,1% of
Crimean Tatars became deputies of rural councils. Enough high rate of Crimean
Tatar deputies is also in neighbour Kirovskyi
district: regional council - 95,6%, local council - 24,13%, rural council -
26,7%, 24,7% of Crimean Tatars became deputies of rural councils in Pervomayskyi
and 21,8% - in rural councils of Bakhchisarayskyi districts. In local council of Sudak
among elected deputies the representatives of the
Crimean Tatar people are 22,5%.
At the same time,
in places, in regional centers and villages, where proportion of Crimean Tatars
is small, a number of candidates of their representatives in bodies of
government remains still rather low. There is a small
percent of Crimean Tatars also among heads of local, rural and settlement
councils (13 of 288).
Thus, a problem of
representation of Crimean Tatars in bodies of local self-government in regions
of their compact living is automatically solved by effective legislation. The
question of their representation in Verkhovna Rada of Crimea and Verkhovna Rada
of Ukraine is more complicated. Today, the mixed election system for election
of deputies in Verkhovna Rada allows Crimean Tatars to join any political bloc
that will take some of their representatives. The representation of Crimean
Tatars in Verkhovna Rada of autonomy is more problematic.
As the elections in
2002 showed, Crimean Tatar can be elected as deputy in Crimean parliament only
in district of compact living. Thus, the problem of quoting for Crimean Tatars
remains topical. The representation of Crimean Tatars in Verkhovna Rada of
Crimea and Ukraine can be provided only by change of effective election system.
In our opinion this question could be solved by creation of national Crimean
Tatar constituencies in Crimea. This would allow to elect
the most authoritative representatives of the Crimean Tatar people as in
Crimean, as Ukrainian parliaments proportionally to number of electors. One can
go by way of giving quota in parliaments of Crimea and Ukraine proportionally
to number of Crimean Tatar voters. In this case, the candidatures of future
deputies are proposed by regions on alternative basis and are elected by
Mejlis. The mentioned election system for Crimean Tatars was already tested and
made a good showing in first Verkhovna Rada of the autonomy. The deputies, who
were recommended by Mejlis were the most intellectual and constructive
political force in Verkhovna Rada of Crimea. Besides, all of them took
pro-Ukrainian state stand. At the same time, this reflected significantly on
stabilization of social-political situation in Crimea and strengthened state
positions of Ukraine in the autonomy.
Thus, the problem
of representation for Crimean Tatars in bodies of government of Crimea,
especially in the Verkhovna Rada of the autonomy, was not finally solved and
remains topical. Searches for optimal legal ways for its solution are to become
the object of serene social discussion and legal solution by Verkhovna Rada of
Ukraine. The first legal step in this direction is to become the development and
adoption of law on status of the Crimean Tatar ethnos as indigenous people in
Ukraine.
1 Here Mrs. Katusheva
asserts that “this project was not adopted”, this
is mistake, because People’s Deputy of Ukraine of III convocation Shtepa N.P. took away her draft
in Verkhovna Rada of Ukraine, supported draft of People’s Deputy of Ukraine L. Myrymskyi, which provided
for mixed electoral system - Ed.
2 We have failed to
find from independent sources a confirmation of information of Mr. Fix
concerning number of Crimean Tatars in composition of Crimean organization of SDPU (u) - Ed.
3 On April 15, 2002
as deputies of local councils in the ARC were elected 6614 persons, including
992 persons of Crimean Tatars (13,9%), among them: in cities of republican
importance - 63 (4,9%), in rural regions - 839 (16%). More detailed information
about elections in Crimea see “Krimski studii”, #3-4, 2002. - Ed.
4 The Council
of aksakals (old men) of the Crimean Tatar people under head
of Supreme Soviet of Crimea was established by initiative of L. Hrach. It was
disbanded after defeat of Hrach in election of head of newly-elected Supreme
Soviet of the ARC in May of 2002 - Ed.
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