Statement of Ukrainian Non-Governmental Organizations on the Impossibility of Holding Democratic Elections without the Sustainable Peace

Democracy in war time must be protected even more than during peace time because the cost of a mistake or loss of trust is extremely high.

Our friends’ and partners’ efforts should ensure that  the elections result in a genuine expression of the will of the Ukrainian nation. Just as the international standards for peaceful and post-conflict elections are no different, there is no other measure of democracy than the real access of citizens to govern their state through their representatives, legally elected in free and fair elections by secret ballot without intimidation or threats.

It is Russia’s unprovoked act of aggression against a sovereign state which makes holding presidential and parliamentary elections in Ukraine impossible. Russia is not a democracy: there is no real opposition, no independent media, no minimum rights and freedoms, and no political pluralism. In contrast, there is true consensus in Ukraine regarding the need to have elections no earlier than six months after the end of martial law and this is supported by the government, opposition, and society. The legitimacy of the Ukrainian government is the exclusive prerogative of the Ukrainian people. 

Any peace process should take into account Ukraine’s voice and a logical sequence of democratic steps for an election: 1) a sustainable ceasefire under the security guarantees of the guarantor countries; 2) proper preparation for elections and restoration of the relevant infrastructure; 3) holding elections after sustainable peace is achieved, martial law is lifted, and the war is settled internationally. 

Holding elections in the next six months does not correspond either to security realities, the political and economic situation, nor public sentiment in Ukraine. As of February 2024, 69% of Ukrainians believed that Volodymyr Zelenskyy should remain President until the end of martial law without holding elections. This is authentic proof of unity in society and respect for the military, who are currently defending Ukraine and cannot fully participate in the political process.  

It is obvious from the point of view of the Constitution and Ukrainian legislation that holding elections during martial law is prohibited, and the authorities continue to unceasingly and legitimately exercise their powers during this period. 

One of the most important challenges for holding elections in Ukraine without sustainable peace is the lack of proper legal mechanisms for organizing them and ensuring voter participation. The development of these mechanisms should consider the consequences of Russian aggression. In addition to establishing the necessary legal framework for post-war elections—let alone wartime elections—Ukraine needs to ensure that millions of its citizens can vote, including those who had to flee abroad, internally displaced persons who have left their homes due to the destruction of cities and villages, and military personnel defending the country.

In turn, to hold elections properly, democratic conditions must be created, including the possibility of free activity of the media, political parties, and civil society organizations, and the search for parliamentary consensus on the rules. Therefore, additional time is needed for the transition from the current martial law to the election period.

Elections are about having the freedom to express the political will, and involve the preparation and organization of voting. Equally important are the day-to-day tasks that are critical in a post-war environment: the work of election commissions, secure voting facilities, cyber-attack-proof information systems, and protecting the transparency and security of the process as a whole.

The unstable security situation, the threats of shelling, the terrorist acts and sabotage, as well as landmines and unexploded ordnance throughout the territories create substantial obstacles at all stages of the electoral process: from the ballot delivery to the possibility of proper observation of electoral procedures, from free campaigning to potentially low voter turnout due to security threats. The fundamental principles of equal and universal suffrage could be jeopardized. Holding elections in an environment where candidates and voters can be targeted by missiles and drones is contrary to human rights principles.

The most significant challenge for electoral democracy in Ukraine is interference in this process by Russia, which will be ready to use any means to do so: from cyberattacks to direct voter bribery, from spreading disinformation and dividing society to discrediting candidates deemed “unacceptable” by Russian authorities and financing the campaigns of loyal politicians. Ukraine—both state and society—must prepare for such interference to preserve the sovereignty, democracy, and freedom that Ukrainians are defending on the battlefield. This requires sufficient time, an independent audit of risks, and a significant strengthening of mechanisms to counter illegal interference in elections.

Undoubtedly, elections in Ukraine must take place — but only after the war is over, sustainable peace is achieved, and security and other conditions are in place to allow for free, fair, democratic, and accessible elections. Ukraine has never refused to hold elections, but organizing them takes time and resources, not demands.

We would sincerely appreciate it if the leaders of the free world would invest their energy and resources in guaranteeing security for Ukraine and preparing for the first post-war elections as a matter of priority. This will help ensure that they are held as soon as possible in accordance with international standards.

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