CoE Secretary General
about referendum
19/03/03
Statement of Council of Europe Secretary General Walter Schwimmer to the ITAR-TASS
Paris correspondent: Situation in Chechnya
"What the country needs now, what the population of the Chechen Republic of
the Russian Federation needs more urgently than ever, is normalisation[1]. If
the referendum could contribute to this normalisation and break the vicious
circle of violence and if it could be seen as a first step in a search for a
political solution, then we would like to reinforce such tendencies[2]; basically,
the Council of Europe is standing ready to offer its expertise on legal reforms
and electoral proceedings[3]. We have already organised training courses for
local officials and members of the judiciary and we shall continue to do so.
The members of the Electoral Commissions as well as members of the "Initiative
Group" of prominent citizens which held community meetings throughout the Chechen
Republic in order to prepare the referendum, were trained by Council of Europe
staff members.[4]
However, we are well aware that this draft constitution may not be perfect [5]
and that the circumstances under which the referendum will take place are exceptional
circumstances. There are certain military operations[6] going on, there are
still people disappearing, there is still a climate of insecurity and impunity.
In view of this situation, the Council of Europe decided - as did OSCE - not
to send observers to this referendum. All in all, I have mixed feelings about
this vote - there are still difficulties, but there is also hope and a this
hope is made up for the main part of a wish that the population should be able
to express their will freely[7], that it will be a calm referendum day without
any violence and pressure in the Chechen Republic."
http://www.coe.int/T/E/Communication_and_Research/Press/News/2003/20030318_Chechnya.asp#TopOfPage
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Webauthor's comment:
[1] What kind of normalization are we talking about? Stalin's one?
[2] What a wishful thinking.
[3] Imagine GB, USA and France during WWII offering their "expertise on legal
reforms" to Hitler's third Reich. Then we have the correct picture
of how serious such a proposal is.
[4] So at least we know who must be blamed for eventual electoral frauds.
[5] Was Fascism also an "imperfect democracy"?
[6] Now war crimes suddenly become "certain military operations"?
[7] Apparently this man believes that in this referendum people will "express
their will freely".
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President of PACE about referendum
Peter Schieder: The referendum should bring the people of the ChechenRepublic
closer to peace and normality
("Izvestia", Russia, 20.03.2003)
On 23 March the people of Chechnya will take part in a vote which is as full
of hope as it is burdened with anxiety. After three and a half years of war,
the stakes could not be higher - the constitutional referendum may be an opportunity
to break the cycle of violence and start a political process which could lead
to peaceful resolution of a conflict that has caused so much human suffering
and destruction. If it fails to do so, the consequences are almost too painful
to contemplate.
In the months since the announcement of the referendum, there has been a lot
of speculation about where the Parliamentary Assembly of the Council of Europe
- the international body most actively, continuously and seriously involved,
from the very beginning, in efforts to bring an end to the tragedy in the Chechen
Republic - stands on this important development.
It is not difficult to respond to this speculation in general terms: the Assembly
supports, and always will, any initiative that may bring peace, end human rights
violations and provide a political solution that respects the principles and
standards of the Council of Europe.
This was the message which I gave to President Putin during our meeting in late
November last year in Moscow, when he outlined his plan for a political solution
to the Chechen crisis, through a referendum aimed at setting up an elected Chechen
administration, and the gradual transfer of authority, including for maintaining
law and
order, to this body.
But today, just days from the crucial vote, general statements of goodwill and
good intent are not enough. It is necessary to say clearly what our position
is on the content, timing and circumstances in which the vote on 23 March is
likely to take place, as well as on the prospects for the political process
which it is hoped the
referendum will launch.
Draft constitution
As promised by President Putin, I received a copy of the draft constitution,
which I immediately sent to the Venice Commission, Europe and the world's foremost
body of experts in constitutional law. The final text of the opinion, adopted
on 14 March, regrets the absence of more tangible incentives to attract the
support of those Chechens sceptical about or even hostile to the Russian authorities.
More specifically, the Commission's experts said they would prefer a greater
role for the authorities of the Republic, clearer definitions of the Chechen
people and language and more unequivocal provisions concerning the protection
of human rights and
fundamental freedoms. However, they accept that the future constitution will
allow the establishment of a new tier of institutions at the level of the Chechen
Republic and may represent the first step in a process of devolution of power
to the Republic on the basis of the possibilities offered by the Russian Constitution.
According to the opinion, the adoption of the draft constitution may contribute
to a future political settlement. We can only hope that the shortcomings noted
by Europe's highest authority in constitutional matters are properly remedied
later on in the process.
The timing of the referendum
While I personally, and the Assembly as a whole, support the idea of the referendum,
serious concerns remain about the circumstances in which it is likely to take
place. The Assembly's rapporteur, who visited the region last January, suggested
that the referendum should be postponed. The majority of Assembly members, while
sharing his concerns about the political, security, human rights and humanitarian
situation in the Chechen Republic - listed in Assembly Resolution
1315, adopted in January - felt that asking the Russian authorities to postpone
the referendum without offering an alternative was not an option either. We
are worried, and we follow the situation very closely, but we do hope that the
situation will improve and that the referendum will mark the beginning of a
genuine search for a political solution to the conflict. We are ready to do
what we can to contribute to this objective. It is encouraging that a joint
OSCE-Council of
Europe expert mission which recently visited Chechnya noted some improvements
in the general conditions for voting and we can only hope that this trend will
continue and intensify in the days before the referendum.
At the same time, I should like to call on the Russian authorities, and in particular
on our parliamentary colleagues, to maintain a constructive attitude in co-operating
with the Assembly and to abstain from inflammatory statements and personal attacks
which are unacceptable and unhelpful.
Observation of the vote
We welcome the readiness of the Russian authorities to accept international
observers, the presence of whom would certainly help the transparency of the
process. However, it is also clear that this vote will take place in exceptional
circumstances and that security conditions are so precarious that they preclude
a normal deployment of Assembly observers. It was on these grounds, and on these
grounds alone, that the Bureau of the Assembly meeting on 31 January decided
against sending a delegation to observe the referendum. On 10 March the Bureau
again discussed the situation and confirmed this decision.
This decision should not, however, be interpreted as an indication of our views
on the process as a whole. Our final evaluation will, of course, take into account
the conduct of the vote on 23 March, on the basis of information available to
us, but it will depend primarily to the extent to which the referendum will
succeed in bringing Chechnya any closer to peace and some sort of normality.
I can assure you again that the Assembly will do its utmost to help all the
parties involved to move forward on this difficult road.
Human rights
This remains a matter of most serious concern. The Assembly's Committee on Legal
Affairs and Human Rights has prepared a highly critical report for a plenary
debate in April, which deplores the continued climate of impunity for crimes
against civilians, be they committed by members of Russian forces or Chechen
combatants. This is confirmed by the reports of the Council of Europe human
rights experts permanently deployed in Chechnya, who have even observed a worsening
of the human rights situation since the beginning of 2003.
There must be an immediate and substantial improvement in the human rights situation,
both in terms of prevention of new abuses and the prosecution of those already
committed. This is essential if President Putin's plan is to have any
chance of success. As long a the people of the Chechen Republic continue to
suffer from human
rights abuses committed with total impunity by Russian troops, they are unlikely
to trust the authorities under whose command these troops are deployed. Every
crime that goes unpunished diminishes the chances of a political settlement
through the referendum. It is true that many crimes are also committed by Chechen
combatants, but this in no way justifies the conduct of Russian security forces.
The Assembly supports the Russian authorities in their willingness to end the
war in the Chechen Republic through political means and recognises the importance
of a constitutional referendum as a means of achieving this. We continue to
have serious concerns about the security, political and other conditions in
which the referendum will be held on 23 March, and I call on the Russian authorities
to do all within their
power to improve the situation so that the people can vote in as free and as
fair a manner as possible.
However, regardless of any differences of opinion we may have on the modalities
and the timing of the referendum, or the content of the draft submitted to the
vote, we sincerely hope that the referendum will bring the people of Chechnya
closer to peace. This is also the ultimate criterion against which this initiative
of the Russian
authorities will be judged. The key to success was, and remains, respect for
human rights. For the time being this is deplorable, and the Russian authorities
must do much more than what they have been doing so far, and do it immediately,
if they want the people of Chechnya to trust and participate in the political
process the
referendum is meant to launch.
I want to conclude by issuing the strongest possible warning to those who attempt
to disrupt the referendum process by threats or violence. To oppose the proposed
constitution is perfectly legitimate, but it should be done through political
means. Through ballots, not bullets or intimidation. The people of Chechnya
must have a chance to express themselves freely regardless of their views on
future relations with Moscow. But those who want, instead, to enforce their
views through terror against the majority, which wants only peace, should be
warned: they will lose, once and forever, the right to speak for and represent
the people of Chechnya, and they will be made accountable for their deeds.
Too many people have died already, too many children have been orphaned, too
many homes have been destroyed. It is high time that reason and humanity stand
up against the logic of violence and hate. The referendum, if carried out and
followed up properly, is a chance for that to happen. A chance that should not
be missed.
http://www.coe.int/T/e/Communication%5Fand%5FResearch/Press/News/2003/20030320_article_tchetchenie_schieder.asp