Friday, November 26, 2004

Muting of NSC Advisor Condoleeza Rice


Interpreting Rice's Silence



Interpreting Condoleza Rice's silence on the Ukraine matters as perhaps due to her recovery from recent medical care; but it may become an embarrassment on the eve of her nomination to succeed Colin Powell as the American Secretary of State.

Dr. Rice has a history to overcome; of a Machiavellian 'real-politisch' casual attitude to matters of consensual government and their constituitional defense .. ie her remarks on the attempted coup in Venezuela.
The Ukrainian matter cannot ride with a US holiday and intervening weekend - but should be pressed home.
Ukrainian -American voters are also influental in the US electorate.


Ukraine Election Crisis - Constitutional Provisions


Ukraine Election Crisis - Constitutional Provisions



Ukraine Constitution in English

Ukraine Election Crisis - Constitutional Provisions

Englis Language link Ukraine Constitution: http://www.infoukes.com/history/constitution/index-en.html

Article 5: No one shall usurp the power of the State
Article 55: protection of rights & freedoms are the jursdiction of the courts
Article 71: right to secret ballot
Article 85 - Section 21: Legislature (Radha) has final say in terminating appointments to the Electoral Commission (not the president)
Article 103: guaranteees secret ballot
Article 129: Judges to be independent
Article 147: Constitutional Council of Ukraine is the arbiter of constiutional questions
Article 150: constitutional valdiity or laws; powers; acts of governemnt including the presidency is the jurisdiction of the Constitutional Court [Constitutional Council]

Legal, judicial, questions may become political questions - which can be deferred to the Constituional Council of Ukraine -althougn this may overstep the enforcement of basic human political constituional rights - wich should be also the proper province and jusridiction of the judicial courts.
As in most constitutions -the Ukraine election issue involves rights interpreted as inherent in any scheme of human freedoms; which have to so construed by the courts - or so provided specifically by the laws of a country in consonance with the constitution to be enforced.

The latest chapter of the Ukrainian presidential elections; joins an injunctive remedy for personal or collective rights enforcement to what may become a further need to construe the propriety of exercised elctoral review powers. By the Ukrainian constiution, that would remove the matter to the Constitutional Court.
[Whether it is trustworthy or 'packed' is a matter for current political observation.]



Wednesday, November 24, 2004

Ukraine's Butchered Election - BBC Lists Key Complaints




YAHOO News Stories Ukraine Elections InterFax Ukraine-Kiev
InterFax Kiev English - Engish may be temporarily unavailable BBC Ukraine Elections Analysis

BBC Piece lists key complaints: expanded voting lists (ie 5% more voters listed or ballots nded in); intimidation of state employed voters (making them weigh their job against their vote);mis-handling of absentee ballots; bias in the still materially state run press.

From this standpoint - Russia appears to be accepting the 'pleaser' arrangement of the old pro-Russian guard. This approach can only worsen a world's appreciation and expectations of Russian democracy. Cancelling the results and re-casting th elections would appear to be the cheapest - and most democratic & legal - resolution


Ukraine Elections Furor




Links:
US State Department Sec't'y Powell text
OSCE statement
US Senate Foreign Relations Committee - Senator Lugar [R-Indiana] statement [Commttee Chairman
Senator Lugar's link provides the greatest detailed objection of these three terse English communiqu�s .. noting that among other flaws ..the Ukraine Government intimidated and booted the opposition membership off the Election Comission which certified the winner in the second round.

A preferred solution would be another round - curing the defects - as sought by OSCE the USA, Europe and other international bodies.