TBILISI, 29 November 2018 – The second round of Georgia’s presidential election was competitive and candidates were able to campaign freely; however one side enjoyed an undue advantage and the negative character of the campaign on both sides undermined the process, the international observers concluded in a preliminary statement released today. While the election was well administered, the absence of regulations for key aspects of election run-offs led to a lack of legal certainty, the statement says.
The campaign for the 28 November vote was marred by harsh rhetoric and isolated incidents of violence, as well as by an increase in the misuse of state resources, further blurring the separation of party and state, the observers said. Private media continued to demonstrate sharp polarization and bias in coverage, while the public broadcaster did not ensure editorial independence and impartiality, the observers said.
“Georgian citizens made their choice. Now all of the concerns raised in our preliminary conclusions today and in the upcoming final report on the election have to be dealt with by the authorities without delay,” said Kristian Vigenin, Special Co-ordinator and leader of the short-term OSCE observer mission. “I believe that we have a common goal – to improve the electoral process, thus strengthening democracy in the country. I hope that now, after months of tense campaigning and polarization in society, the newly elected president will spare no efforts to ensure the unity of the nation.”
The second round of voting took place after no candidate received more than 50 per cent of valid votes in the first round, on 28 October. The decision by the Central Election Commission (CEC) on the run-off date of 28 November – a Wednesday – became a contentious issue and led to objections from opposition parties and calls from civil society to reconsider. While the CEC acted within its authority in choosing the date, the circumstances surrounding the decision reduced confidence in the body. At the same time, the election was well managed and the CEC provided training to address procedural shortcomings noted in the first round.
Campaign activities intensified in the run-up to the second round, and a number of anti-opposition and anti-government demonstrations before the run-off increased tensions between the two sides. The use of negative, harsh and at times violent rhetoric went unaddressed by authorities. Along with the misuse of state resources, a number of social and financial initiatives were announced, in particular debt relief for 600,000 people funded by a private financial institution linked to the chairperson of the ruling party. These incidents and the involvement in the campaign of senior state officials from the ruling party continued to blur the line between state and party, the statement says.
“We note that the choice of the date for the second round was not made in an inclusive manner and was not in the interest of all voters, leading to suspicions that it was politically motivated,” said Laima Andrikienė, Head of the delegation from the European Parliament. “The announcement just a few days before a fiercely contested second round of debt relief benefitting 600,000 citizens and made possible by an entity owned by the head of the ruling party could be considered an attempt at vote-buying. Cases of intimidation and pressure on voters have to be thoroughly investigated and prosecuted. Further, the practice of mass sending pre-recorded phone calls and text messages is highly questionable.”
Margareta Cederfelt, Head of the delegation from the OSCE Parliamentary Assembly, said: “In this run-off election the Georgian people once again expressed their commitment to democracy by actively participating in the electoral process. Regrettably, the increased use of harsh rhetoric in the campaign between the two rounds contributed to a rise in tension in the electoral environment.”
The gathering of voter data and political preferences raised concerns about the potential for intimidation and about voters’ ability to cast their ballots free of fear of retribution. These concerns were reinforced by the environment outside of polling stations on election day, as candidates’ supporters used lists of voters to track who was coming to vote, the observers said. Opening, voting and counting on election day were assessed positively in almost all polling stations observed, and procedures were generally followed, although citizen observers and media representatives often acted on behalf of political parties and, in some instances, interfered in the counting.
Campaign finance reporting requirements for the second round were determined less than two weeks before the vote. The substantial imbalance noted during the first round in campaign donations in favour of the candidate backed by the ruling party remained for the run-off. There is no requirement to report on campaign activities by third-parties, including public protest movements, which mainly benefitted the candidate supported by the ruling party. Both contestants received support from political parties without candidates in the second round, and these contributions went unreported. The fact that most campaign finance-related complaints from both rounds were still pending at the time of the second vote continued to raise concerns about the enforcement of campaign finance rules, the statement says.
“The second round of the presidential election confirmed concerns expressed by the PACE delegation after the first round – in particular, the surprisingly generous system of campaign and party funding from the state budget and private donations. In addition, one can question the timing, just before the second round, of the government’s announcement of a debt-relief operation for hundreds of thousands of electors, financed by a private foundation affiliated to the ruling party’s leader,” said Andrej Hunko, Head of the delegation from the Parliamentary Assembly of the Council of Europe. “This increase in the role of money in politics in a country with a high level of poverty and without efficient control mechanisms did not contribute to public confidence in democratic elections.”
Unclear regulation of the campaign led to a lack of legal certainty and to inconsistent and contradictory interpretations. Further, recent amendments did not rectify problems identified in previous two-round elections or address previous recommendations by the OSCE for Democratic Institutions and Human Rights (ODIHR) to provide explicit run-off regulations.
The lack of clear regulation also effectively limited the period for official campaigning in the media. While not required by law, most national broadcasters did provide free airtime to both candidates. The national public broadcaster displayed a clear bias against the opposition. Private media continued to demonstrate sharp polarization and clear bias in reporting, some becoming more vocal about their political positions ahead of the second vote, media monitoring revealed.
“Georgia has a good international standing as a democracy, and the corresponding commitment shown by citizens and voters was visible and impressive. The quality of the election was undermined, however, by unnecessarily sharp confrontation, negative campaigning and personal insults by some members of the political class, who did this rather than dealing with issues really important for Georgia, such as the rule of law and economic inequality,” said Ambassador Geert-Hinrich Ahrens, Head of the ODIHR election observation mission. “These negative practices were even worse than in the lead up to the first round.”
Nearly 700 complaints were filed following the first-round election day, mainly concerning procedural violations during voting and counting. A large number of cases were dismissed on procedural grounds, demonstrating a limited understanding of the procedures by complainants. There was lack of proper consideration of the substance of complaints, and commissions adopted narrow or inconsistent interpretations of the law, all of which undermined the right to effective remedy.
For further information, contact:
Iryna Sabashuk, OSCE PA, +995 591 716 350 or +45 60 10 81 73, iryna@oscepa.dk
Thomas Rymer, ODIHR, +995 591 616 398 or +48 609 522 266, thomas.rymer@odihr.pl
Chemavon Chahbazian, PACE, +995 591 716 333 or +33 (0) 6 50 68 76 55, chemavon.chahbazian@coe.int
Karl Minaire, EP, +995 599 070 453 or +32 47 78 54 578, karl.minaire@europarl.europa.eu
Integrated domestic waste management was the focus of a workshop hosted by the State Committee of Uzbekistan on Ecology and Environmental Protection in co-operation with the OSCE Project Co-ordinator in Uzbekistan (PCUz) and with the support of several private companies from 27 to 29 November in Tashkent.
The workshop, which brought together around 50 government officials and representatives from state-owned and private companies, aimed to increase the participants’ knowledge of the different aspects of sustainable domestic waste management as well as familiarize them with the latest technological developments in the field.
The first two days consisted of presentations from and discussions with several leading international experts, including from Russia and Germany. The final day of the workshop was dedicated to business-to-business seminars in order to offer the participants a concrete opportunity to modernize and further develop their capacity in the field of sustainable domestic waste management.
The workshop was organized as part of the project Support in Implementation of Green Economy Policies in Uzbekistan and represented the PCUz’s continued support for the sustainability efforts made by the government. It furthermore served as a follow-up to one of the panels of the Business Forum on Green Technologies, which was held in early June and co-organized by the PCUz.
Strengthening preparedness and protection against terrorist attacks aimed at critical energy infrastructure was the focus of a risk-assessment and crisis management exercise held in Kazakhstan’s capital on 28 and 29 November 2018, organized by the OSCE Transnational Threats Department and the OSCE Programme Office in Astana.
The exercise, which was attended by 17 national experts from the state and the energy sector, was held as part of the OSCE’s efforts to advance the implementation of UN Security Council Resolution 2341 (2017) on the protection of critical infrastructure from terrorist attacks. It is the ninth national exercise organized by the OSCE to support participating States in enhancing their capacities to mitigate terrorist attacks emanating from cyberspace on their critical energy infrastructure.
The participants took part in the discussion-based simulation exercise called ”Black Kazakhstan”. The exercise provided them with an opportunity to test the effectiveness of their existing protection and crisis management systems, including co-ordination with external crisis management mechanisms, to mitigate the impact of a terrorist cyber-attack.
The exercise further sought to raise awareness of the terrorist threat against Information and Communications Technology (ICT)-enabled critical energy infrastructure, its vulnerabilities and to improve inter-agency co-ordination and collaboration in order to increase resilience.
Timur Shaimergenov, Vice-Minister of Defence and Aerospace Industry of the Republic of Kazakhstan, emphasized the importance of protecting critical infrastructure and noted specific initiatives such as Kazakhstan’s Cyber Shield programme that have been created to address threats that may come from malicious cyber-attacks.
Colin McCullough, Political Officer at the OSCE Programme Office in Astana, said: “It is through international and inter-agency co-operation that risks can best be managed and crisis response options enhanced. This is critical in protecting all infrastructures from terrorist acts, including those emanating from cyberspace.”
“The disruption or destruction of critical energy infrastructure by terrorists could potentially have a devastating effect on the economy and society,” said Koen De Smedt of the Action against Terrorism Unit of the OSCE’s Transnational Threats Department. “This exercise will help test and develop Kazakhstan’s national, sectoral and company-level capabilities to respond to a terrorist cyber-attack directed at industrial control systems.“
The training is based on the OSCE Good Practices Guide on Non-Nuclear Critical Energy Infrastructure Protection from Terrorist Attacks Focusing on Threats Emanating from Cyberspace.
On 28 November 2018 Ukraine’s Central Election Commission (CEC) installed equipment and software provided by the OSCE Project Co-ordinator in Ukraine for ensuring comprehensive technical protection of the State Voter Register, as part of efforts aimed at enhancing security of election administration systems from digital threats. This is an important step in the implementation of the CEC’s plans to enhance the cybersecurity of election administration during the 2019 votes.
The received systems of hardware and programmes make it possible to identify threats, prevent intrusions and respond to a range of possible cyberattacks. By the end of November this year the CEC personnel will receive relevant training on the management of these solutions.
“In today’s world powered by technological advance, it is a vital necessity to constantly upgrade defense against cyber threats. We hope that with our assistance both the personal data of Ukrainians and their right to vote in elections will be better protected,” said Jeffrey Erlich, Senior Project Officer of the OSCE Project Co-ordinator in Ukraine.
“Through such comprehensive solutions, the system will be able to respond to threats and anomalies at various levels - workstations, network, and servers, as well as to various kinds of threats such as antivirus, spam, external network attacks or intrusions,” said Oleksandr Stelmakh, Head of the State Voter Register Administration.
The Chairperson of the CEC, Tetiana Slipachuk, emphasized that this timely technical assistance was a good illustration of the stable and effective co-operation between the CEC and the OSCE Project Co-ordinator in the field of elections and, specifically, election cybersecurity.As of 10 October 2018, the State Voter Register contained personal data of more than 35.6 million Ukrainians eligible to participate in the presidential and parliamentary elections envisaged to take place next year. The Register in digital form was established in 2007 with the Project Co-ordinator’s support in order to improve the accuracy of voter lists and ensure the effectiveness of election administration.
The purchase and delivery of equipment is part of a project implemented by the OSCE Project Co-ordinator with the financial support of the Government of Norway and the United States Mission to the OSCE.
This report is for the media and the general public.
Summary
Ceasefire violations[1]
In Donetsk region, the SMM recorded more ceasefire violations, and a similar number of explosions (about 90), compared with the previous reporting period (about 100 explosions). The majority of ceasefire violations were recorded in areas south-west and west of Horlivka (non-government-controlled, 39km north-east of Donetsk) (including 44 explosions assessed as outgoing rounds), north-west of the disengagement area near Petrivske (non-government-controlled, 41km south of Donetsk) and south of Svitlodarsk (government-controlled, 57km north-east of Donetsk).
In Luhansk region, the SMM recorded fewer ceasefire violations, including 13 explosions, compared with the previous reporting period (about 60 explosions). The majority of ceasefire violations were recorded in areas north of Krymske (government-controlled, 42km north-west of Luhansk).
Disengagement areas[2]
During the day on 27 November, positioned in Zolote-4/Rodina (government-controlled, 59km west of Luhansk), the SMM heard two undetermined explosions at an assessed range of 4-6km east and south-south-west, both assessed as outside the disengagement area near Zolote (government-controlled, 60km west of Luhansk). About an hour later, positioned on the northern edge of Zolote-4/Rodina, the Mission heard two undetermined explosions at an assessed range of 5-8km south-south-west, both assessed as outside the disengagement area.
The same day, positioned north of Petrivske, the SMM heard an explosion assessed as an outgoing round of an undetermined weapon and four undetermined explosions, all at an assessed range of 1-4km north and north-west, as well as about 150 bursts of small-arms fire at an assessed range of 2-4km west and west-north-west. The SMM assessed all above-mentioned ceasefire violations as outside the disengagement area.
The same day, the SMM saw two fresh holes in the south-facing wall at the forward position of the Ukrainian Armed Forces located 500m north of the Stanytsia Luhanska bridge (15km north-east of Luhansk). The Mission assessed the damage as caused by small-calibre bullets fired from a southerly direction.
Withdrawal of weapons
The SMM continued to monitor the withdrawal of weapons in implementation of the Memorandum and the Package of Measures and its Addendum.
In violation of the withdrawal lines
Government-controlled areas:
27 November:
Beyond the withdrawal lines but outside designated storage sites
Non-government-controlled areas:
24 November:
26 November:
Indications of military and military-type presence in the security zone[3]
Government-controlled areas[4]:
27 November:
Non-government-controlled areas:
Civilian infrastructure
The Mission continued to facilitate the operation of the Donetsk Filtration Station.
Situation of civilians at entry-exit checkpoints
At the checkpoint of the armed formations south of the Stanytsia Luhanska bridge, the SMM saw around 600 people queuing to travel toward government-controlled areas. The Mission saw another 300 people queuing at a nearby bus stop and about 300 cars parked in an adjacent parking lot.
Border areas not under government control
While at a border crossing point near Marynivka (78km east of Donetsk) for about 70 minutes, the SMM saw 20 cars (six with Ukrainian and six with Russian Federation licence plates, and eight with “DPR” plates) and ten covered cargo trucks (five with Ukrainian and one with Russian Federation licence plates, and four with “DPR” plates) exiting Ukraine. During the same time, the Mission saw also 22 cars (six with Ukrainian and 11 with Russian Federation licence plates, and five with “DPR” plates) and nine covered cargo trucks (five with Ukrainian and one with Russian Federation licence plates, and three with “DPR” plates) entering Ukraine.
Protest in Kyiv
The SMM monitored a protest in front of a shopping mall at 176 Antonovycha Street. There it saw about 50 people (almost all men) holding flags of a political party and about 50 tyres in front of the mall’s main entrance, on which messages against Russian businesses in Ukraine had been spray-painted in the Ukrainian language. The Mission heard some protestors calling for a boycott of Russian products. At the site, it saw about 40 police officers.
The Mission observed a calm situation in front of the Embassy and the Consulate of the Russian Federation (for previous observations, see SMM Daily Report 26 November 2018).
The SMM observed a calm situation in Chonhar and Valok, south-east of Kherson
On 25 November, the SMM observed a calm situation at the crossing point in Chonhar (163km south-east of Kherson). The next day, at the same location, the Mission observed more officers of the Ukrainian Border Guard Service than usual. One of the officers told the SMM that the situation was calm but they had received instructions to be on full alert. The same day, at a Ukrainian Border Guard Service security position in Valok (188km south-east of Kherson), an officer told the SMM that the situation was calm but they were on full alert.
The SMM continued monitoring in Odessa, Lviv, Ivano-Frankivsk, Kharkiv, Dnipro and Chernivtsi.
*Restrictions of SMM’s freedom of movement or other impediments to fulfilment of its mandate
The SMM’s monitoring and freedom of movement are restricted by security hazards and threats, including risks posed by mines, unexploded ordnance (UXO) and other impediments – which vary from day to day. The SMM’s mandate provides for safe and secure access throughout Ukraine. All signatories of the Package of Measures have agreed on the need for this safe and secure access, that restriction of the SMM’s freedom of movement constitutes a violation, and on the need for rapid response to these violations. They have also agreed that the Joint Centre for Control and Co-ordination (JCCC) should contribute to such response and co-ordinate mine clearance. Nonetheless, the armed formations in parts of Donetsk and Luhansk regions frequently deny the SMM access to areas adjacent to Ukraine’s border outside control of the Government (for example, see below). The SMM’s operations in Donetsk and Luhansk regions remain restricted following the fatal incident of 23 April 2017 near Pryshyb; these restrictions continued to limit the Mission’s observations.
Denials of access:
Regular restrictions related to disengagement areas and mines/UXO:
[1] Please see the annexed table for a complete breakdown of the ceasefire violations as well as a map of the Donetsk and Luhansk regions marked with locations featured in this report.
[2] Disengagement is foreseen in the Framework Decision of the Trilateral Contact Group relating to disengagement of forces and hardware of 21 September 2016.
[3] The hardware mentioned in this section is not proscribed by the provisions of the Minsk agreements on the withdrawal of weapons.
[4] In the SMM Report of 26 November 2018, “an anti-aircraft gun (ZU-23) inside the Stanytsia Luhanska disengagement area (see above)” should have been placed in the “non-government-controlled areas” subsection.
Some 120 criminal justice experts from Kazakhstan, Kyrgyzstan, Tajikistan, Mongolia, Turkmenistan and Uzbekistan gathered in Bishkek from 27 to 29 November 2018 for the Seventh Expert Forum on Criminal Justice for Central Asia. The event was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).
Participants reflected on how recent changes to criminal procedural codes in a number of OSCE participating States in Central Asia impacted their criminal justice systems as a whole, as well as fair trial rights specifically.
"It is crucial that professionals working in the area of criminal justice have an opportunity to assess the effect of changes in legislation and policy on their day-to-day work and proceedings," said ODIHR Director Ingibjörg Sólrún Gísladóttir. "The Expert Forum is unique in that it provides this opportunity on a bi-annual basis across the region. We hope that like in previous years, the forum will encourage the emergence of legal and policy solutions that support adherence to human rights standards and more fair and efficient criminal justice systems."
Plenary sessions, working groups and side events allowed for in-depth assessments of new developments in the criminal justice system. This included the establishment of probation and the expansion of non-custodial measures and sanctions to ensure that imprisonment is a last resort, rather than ordered by default.
The participants, including policymakers, judges, prosecutors, lawyers, civil society representatives and academics, also discussed the need for criminal sanctions to be individualized and proportionate to the offence. Experience was shared on efforts to implement international standards for the treatment of prisoners (the Nelson Mandela Rules), reconciling the requirement of professional prison management with the observance of prisoners’ rights.
The event was organized in co-operation with the Supreme Court of Kyrgyzstan, the United Nations Office on Drugs and Crime (UNODC) and the Office of the United Nations High Commissioner for Human Rights (OHCHR). It was supported by the OSCE Programme Offices in Astana, Bishkek and Dushanbe, the OSCE Centre in Ashgabat and the OSCE Project Co-ordinator in Uzbekistan.
A two-day national workshop for representatives of the public authorities of Kazakhstan and the country’s business associations, aimed at implementing the World Trade Organization’s (WTO) Trade Facilitation Agreement, organized and moderated by the Office of the Co-ordinator of OSCE Economic and Environmental Activities (OCEEA) and supported by the OSCE Programme Office in Astana, was held on 27 and 28 November in Astana.
The workshop focused on minimizing the administrative burden on businesses and promoting secure and sustainable connectivity by reducing documentary requirements, adopting international documentary standards, enhancing communication and co-operation between authorities, and introducing a single entry point for submission and receipt of trade documents.
This activity was a continuation of the workshop held in October 2018. The workshop was designed to respond to the needs identified by the authorities of Kazakhstan in the national Draft Plan of Action on the Implementation of the WTO Trade Facilitation Agreement. The workshop concluded with a document summarizing the main points and conclusions of the discussion.
Representatives of the Ministry of National Economy, the State Revenue Committee of the Ministry of Finance, the Ministry for Investments and Development, the Ministry of Interior, the Ministry of Agriculture, the Ministry of Healthcare, the Ministry of Education, and the National Chamber of Entrepreneurs Atameken enhanced their competencies in available international standards for trade documents, including in the phytosanitary sphere, and in approaches to enhance co-ordination between stakeholders for successfully introducing a single window environment.
“Kazakhstan, as a member of many international organizations, is working actively to base national measures on international standards. Kazakhstan is also in the process of introducing a single window, and the workshop has been useful in this context,” said Gulnur Smagul, Deputy Director of the Department of Foreign Trade Activity at the Ministry of National Economy of Kazakhstan.
“As Kazakhstan is looking to strengthen its role in global transport, a strong regulatory framework, improved inter-agency co-ordination, and digitalization are key factors for success,” said Jonas Grätz, OCEEA Economic Adviser.
The workshop was facilitated by experts from the World Customs Organization (WCO), the United Nations Economic Commission for Europe (UNECE), the UN Economic and Social Commission for Asia and the Pacific, the Secretariat of the International Plant Protection Convention and the former Yugoslav Republic of Macedonia.
This activity is part of an OSCE extra-budgetary project on promoting connectivity in the OSCE region. It is funded by Germany, Switzerland and Austria. Kazakhstan is one of the beneficiary countries alongside Moldova and Belarus.
PRISHTINË/PRIŠTINA, 28 November 2018 – The OSCE Mission in Kosovo and the Association of Journalists of Kosovo will organize a workshop tomorrow in Prishtinë/Priština to discuss the role of media in reporting domestic violence and present a guide on how to improve reporting on this subject.
The workshop, organized also as part of the OSCE’s activities during the campaign 16 Days of Activism against gender-Based Violence, will provide an opportunity for journalists from all over Kosovo to understand the powerful role of the media in exposing domestic violence, shaping public discourse and enacting policy change.
The guide should help journalists to report more effectively on domestic violence in a victim-sensitive manner and to address domestic violence as a serious concern, providing appropriate context and holding institutions to account. It includes an overview of the relevant legal framework, civil proceedings, victim-sensitive reporting and domestic violence shelters and helplines.
The event will be opened by the Head of the OSCE Mission in Kosovo, Ambassador Jan Braathu, and Gentiana Begolli, President of the Association of Journalists of Kosovo.
Media representatives are cordially invited to cover the workshop, Thursday 29 November 2018, starting at 10:00, in Prishtinë/Priština, at Hotel Sirius.
A group of 15 young Tajik Gender Champions, eight women and seven men, visited Skopje to network and learn about the advancement of women in Macedonia during an educational visit from 17 to 21 November 2018. The visit was organized by the OSCE Programme Office in Dushanbe.
The Gender Champions attended a conference on women entrepreneurs, held meetings with civil society and discussed best practices with representatives from two centres in Skopje established by Health Education and Research Association, namely the Family Centre against Domestic Violence and the Youth Centre for Reproductive Health for Roma minority in the municipality of Suto Orizari.
Before and during the educational visit the Gender Champions worked on assignments to prepare their own projects on improving economic empowerment of women. They incorporated best practices learned during their educational visit to Macedonia on how to promote women to leadership positions and financial independence by improving entrepreneurial possibilities for women, with a focus on rural areas.
At the OSCE Mission to Skopje the Gender Champions met with staff of the Mission and presented the new Gender Champions’ Anthem written by them.
This was the second educational visit to Skopje by the Gender Champions from Tajikistan. The first one took place in the summer of 2018 and offered the possibility to visit the Parliament, the National Council for Gender Equality, the UN Women Office in Skopje and the Business Association of Women entrepreneurs.
“As a follow-up to these two visits, it is envisaged by the Programme Office in Dushanbe to conduct a summer camp for young people from the two countries in 2019 in co-operation with the OSCE Mission to Skopje and other relevant organizations in Macedonia. The Gender Champions will also be supported by the Programme Office in Dushanbe to implement their projects in the upcoming year,” said Vesna Ivanovikj-Castarede, the Gender and Anti-Trafficking Officer of the OSCE Programme Office in Dushanbe.
Fifty-five defence attorneys and police officers strengthened their capacity to identify and effectively address bias-motivated offences at training sessions conducted by the OSCE Mission to Moldova in Chisinau, Comrat and Vadul-lui-Vodă between 21 and 27 November 2018.
The training sessions are part of the Mission’s work to support the country’s Government in building a tolerant society and advancing policies that make Moldova’s diversity a tangible strength.
During the sessions, the participants improved their understanding of the complex phenomenon of hate crime and its damaging effects on the targeted groups and communities. The seminars were based on both national legislation and on international standards and good practices. They offered opportunities for group work and practical exercises.
“Some might think that bias-motivated offences are not very widespread in our society, but unfortunately, such cases do happen and lawyers should be prepared to correctly handle them. This training event was really inspiring for me and I will gladly share my new knowledge with my colleagues,” said a lawyer from Tiraspol, who attended the training event in Comrat.
The training sessions build on a series of similar seminars for representatives of law enforcement agencies that were successfully piloted by the Mission in Bălţi and Cahul, Moldova’s north and south, in 2017. The seminars focused on data collection and recording methods and sought to improve qualification of bias-motivated crimes.
According to the OSCE/ODIHR Hate Crime Report released on 16 November 2018, 17 cases of hate crimes were recorded by law enforcement agencies in Moldova in 2017 compared to five in 2016, and none in 2015. More detailed information on these bias-motivated crimes is available on the OSCE/ODIHR Hate Crime Reporting website: http://hatecrime.osce.org/
A team of election experts from the OSCE Office for Democratic Institutions and Human Rights (ODIHR) presented the final report of the ODIHR election observation mission for the October 2017 presidential election in Kyrgyzstan during their visit to Bishkek from 26 to 28 November 2018.
The report’s findings and recommendations were discussed during a session of the presidential task force for improving the electoral legislation and practice. The discussion involved representatives of the Presidential Administration, parliamentary committees, the Central Election Commission, the Ministries of Justice and Foreign Affairs, the State Registration Service, as well as representatives of civil society.
“We see follow-up as key to exchange views on the current discourse in the area of democratic elections, focusing on ways to improve electoral practices,” said ODIHR Director Ingibjörg Sólrún Gísladóttir. “Such a discussion should not be the exclusive competency of the winner or the main parties. It should also involve meaningful consultation with smaller political groups, civil society and other stakeholders, including those at risk of marginalization, such as women, representatives of national minorities or persons with disabilities.”
The ODIHR team expanded on potential areas for further co-operation and concrete steps that can be taken by various electoral stakeholders to address the recommendations.
The experts drew attention to the recommendations aimed at an inclusive and timely electoral reform. This includes effective measures against the misuse of public resources and vote-buying, guaranteeing the right to a free and secret ballot, ensuring greater transparency of campaign finance and adequate legal remedies in defamation cases.
Ambassador Alexandre Keltchewsky, head of the 2017 ODIHR election observation mission, said: “I am happy to observe that Kyrgyzstan has adopted the National Strategy to improve its electoral legislation and practices. An electoral process is a broader issue insofar as it includes all the conditions necessary for an election to be democratic, including respect for all fundamental freedoms. ODIHR stands ready to offer its continued support in implementing the recommendations, including through the review of amendments to electoral legislation.”
The ODIHR team emphasized the importance of addressing recommendations made in its reports well ahead of the next elections. All OSCE participating States have committed themselves to promptly following up on ODIHR election assessments and recommendations.
This report is for the media and the general public.
Summary
Ceasefire violations[1]
In Donetsk region, the SMM recorded fewer ceasefire violations, including about 100 explosions, compared with the previous 24 hours (about 170 explosions). The majority of ceasefire violations were recorded east of Hnutove (government-controlled, 20km north-east of Mariupol), south-east of Svitlodarsk (government-controlled, 57km north-east of Donetsk) and south-east of Chermalyk (government-controlled, 31km north-east of Mariupol).
In Luhansk region, the SMM recorded fewer ceasefire violations, including about 60 explosions, compared with the previous 24 hours (about 115 explosions). The majority of ceasefire violations were recorded north-west of Kadiivka (formerly Stakhanov, non-government-controlled, 50km west of Luhansk) and near Stanytsia Luhanska (government-controlled, 16km north-east of Luhansk) (see below).
Security situation following developments at sea, near the Kerch Strait
Following reported developments on 25 November at sea, near the Kerch Strait (see SMM Spot Report 26 November 2018), on 26 November the SMM monitored the security situation and observed protests in different regions of Ukraine.
In Kyiv, at 14A Yaroslava Khomova Lane, the SMM saw a white car (with diplomatic licence plates of the Russian Federation) with scorched marks parked on the roadside. The SMM saw ten people (all men, aged 20-35) gathered outside the Embassy and noted a calm situation.
Also in Kyiv, the SMM saw about 600-800 people (mostly men, aged 18-60) march on Institutska Street to 11 Bankova Street. Half of them were wearing Natsionalini Druzhyny and National Corps insignia. Outside the Parliament building, the SMM saw about 200 protesters (mostly men, aged 20-60). Some of them were carrying flags of Svoboda, Sokil and Right Sector and chanting messages critical of the Russian Federation. Inside the building, the SMM saw some members of Parliament preventing an extraordinary session from taking place. Parliament subsequently adopted a draft law approving a presidential decree “On the Imposition of Martial Law” for a period of 30 days in ten regions.
In Kharkiv and Odessa, the SMM observed similar protests in front of the buildings of the Consulate-General of the Russian Federation (see SMM Spot Report 26 November 2018). In Odessa, scuffles between law enforcement officers and protesters occurred.
In Lviv, the SMM followed up on reports of a protest outside the Consulate-General of the Russian Federation on 25 November. On 26 November, the SMM saw a pile of three tyres with a paper boat on top of it, as well as ashes, assessed as caused from recently burnt tyres, in front of the premises of the Consulate-General. The Mission noted a calm situation there.
Disengagement areas[2]
On the evening and night of 25-26 November, while on the eastern edge of the Stanytsia Luhanska disengagement area, the SMM heard an undetermined explosion and about 30 bursts and shots of heavy-machine-gun fire, all at an assessed range of 1-5km south-west (assessed as outside the disengagement area). On the morning of 26 November, while at the same location, the SMM heard 32 undetermined explosions at an assessed range of 4-6km west-south-west (assessed as outside the disengagement area). The same morning, positioned just south of the Stanytsia Luhanska bridge, the SMM heard two undetermined explosions 15 km west-north-west (assessed as outside the disengagement area). Positioned 1km north of the bridge, the SMM heard an undetermined explosion at an assessed range of 5-7km south (assessed as outside the disengagement area).
On 26 November, an SMM mini-unmanned aerial vehicle again spotted an anti-aircraft gun (ZU-23, 23mm) inside the Stanytsia Luhanska disengagement area, about 400m north-east of its south-western edge. The same UAV also spotted four members of the armed formations nearby.
Positioned near the Stanytsia Luhanska bridge, the SMM observed a white signal flare fired by a member of the armed formations near a checkpoint south of the bridge. Members of the armed formations told the SMM that the flare had been launched to indicate readiness to disengage.
On the evening of 25 November, the SMM camera in Zolote (government-controlled, 60km west of Luhansk) recorded a projectile in flight from south to north (assessed as outside the disengagement area). The following day, positioned on the southern edge of the Zolote disengagement area, the SMM heard two explosions assessed as impacts and three bursts of heavy-machine-gun fire, all at an assessed range of 2-3km north-west (all assessed as inside the disengagement area).
During the day on 26 November, positioned north of Petrivske (non-government-controlled, 41km south of Donetsk), the SMM observed a calm situation near the Petrivske disengagement area.
Withdrawal of weapons[3]
The SMM continued to monitor the withdrawal of weapons in implementation of the Memorandum and the Package of Measures and its Addendum.
In violation of the withdrawal lines
Government-controlled areas:
26 November:
Beyond withdrawal lines but outside of storage sites
Government-controlled areas:
26 November:
Weapons that the SMM was unable to verify as withdrawn[4]
Non-government-controlled areas in Donetsk region beyond the respective withdrawal lines:
26 November:
Indications of military and military-type presence in the security zone[5]
Government-controlled areas:
26 November:
SMM facilitation of repairs to civilian infrastructure
The SMM facilitated and monitored adherence to the ceasefire to enable repairs to the Petrivske pumping station near Artema (government-controlled, 26km north of Luhansk) and to enable an assessment of a water pipeline near Popasna. The Mission continued to facilitate the operation of the Donetsk Filtration Station.
Border areas not under government control*
While at a border crossing point near Ulianivske (61km south-east of Donetsk) for about 30 minutes, the SMM saw a pedestrian (in his twenties) entering Ukraine and no cross-border traffic in the other direction. While at a pedestrian border crossing point near Novoborovytsi (79km south of Luhansk) for about 30 minutes, the SMM observed no cross-border traffic.
Roads blocked near international border crossing points in Zakarpattia, Lviv regions
In Zakarpattia and Lviv regions, the SMM monitored protests which blocked roads leading to international border crossing points. At each location, participants separately told the SMM that they were expressing opposition to an increase of import taxes on used vehicles. (See SMM Daily Report 21 November 2018.)
At the international border crossing points near Chop (194km west of Ivano-Frankivsk), Uzhhorod (182km west of Ivano-Frankivsk) and Malyi Bereznyi (167km west of Ivano-Frankivsk), the SMM saw 20-300 protesters (mostly men, mixed ages) and 15-60 cars with foreign licence plates blocking vehicular traffic in the direction of the border with Slovakia. At the crossing points near Chop and Uzhhorod, the Mission saw 130-140 trucks queuing to exit Ukraine.
At the international border crossing points near Krakovets (64km west of Lviv) and Rava-Ruska (52km north-west of Lviv), the SMM saw 200-300 protesters (mixed gender and ages) and 80-100 cars with foreign licence plates blocking vehicular traffic in the direction of the border with Poland. Near the international border crossing point close to Hrushiv (59km north-west of Lviv), the SMM saw about ten protestors (mixed gender and ages) and five vehicles with foreign licence plates. The Mission noted that vehicular traffic was not blocked there. At each location, about 140-200 vehicles were queuing to exit Ukraine.
Other observations
On 25 November, in Kharkiv and Dnipro, the SMM observed flash mobs on the occasion of the 16 Days of Activism against Gender-Based Violence. There were 15-40 participants (mixed gender and ages).
The SMM continued monitoring in Chernivtsi and Kherson.
*Restrictions of SMM’s freedom of movement or other impediments to fulfilment of its mandate
The SMM’s monitoring and freedom of movement are restricted by security hazards and threats, including risks posed by mines, unexploded ordnance (UXO) and other impediments – which vary from day to day. The SMM’s mandate provides for safe and secure access throughout Ukraine. All signatories of the Package of Measures have agreed on the need for this safe and secure access, that restriction of the SMM’s freedom of movement constitutes a violation, and on the need for rapid response to these violations. They have also agreed that the Joint Centre for Control and Co-ordination (JCCC) should contribute to such response and co-ordinate mine clearance. Nonetheless, the armed formations in parts of Donetsk and Luhansk regions frequently deny the SMM access to areas adjacent to Ukraine’s border outside control of the Government (for example, see below). The SMM’s operations in Donetsk and Luhansk regions remain restricted following the fatal incident of 23 April 2017 near Pryshyb; these restrictions continued to limit the Mission’s observations.
Denials of access:
Regular restrictions related to disengagement areas and mines/UXO:
Delay:
[1] Please see the annexed table for a complete breakdown of the ceasefire violations as well as a map of the Donetsk and Luhansk regions marked with locations featured in this report. The SMM cameras in Hranitne and Krasnohorivka were not operational during the reporting period.
[2] Disengagement is foreseen in the Framework Decision of the Trilateral Contact Group relating to disengagement of forces and hardware of 21 September 2016.
[3] The sentence on a weapon in violation of withdrawal lines in a government-controlled area in SMM Daily Report 22 November 2018 should have read: a mortar (2B9 Vasilek, 82mm) in Karlivka (25km north-west of Donetsk).
[4] The SMM visited areas previously holding weapons that could not be verified as withdrawn, as their storage did not comply with the criteria set out in the 16 October 2015 notification from the SMM to the signatories of the Package of Measures on effective monitoring and verification of the withdrawal of heavy weapons. The SMM noted that three such sites continued to be abandoned.
[5] The hardware mentioned in this section is not proscribed by the provisions of the Minsk agreements on the withdrawal of weapons.
Diminishing incentives for coercion in criminal justice systems and examining ways to strengthen or effectively implement safeguards against torture and other ill-treatment were the focus of an event organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the international NGO Fair Trials in Bishkek on 27 November 2018. The event took place on the margins of the Seventh Expert Forum on Criminal Justice for Central Asia, co-organized by ODIHR and hosted by the Supreme Court of Kyrgyzstan.
Together with defence lawyers from Uzbekistan and Kazakhstan, an independent expert from Tajikistan and a police expert from the United Kingdom, participants discussed existing practices in the development of criminal cases and the role of coercion in confession-based criminal justice systems.
The participants noted that incentives to use coercive measures or torture can take the form of crime-solving quotas in the promotion and performance evaluation for law enforcement officials, investigative police officers, prosecutors or judges. Such incentives can also result from torture-tainted evidence being neither challenged nor excluded from criminal proceedings. The participants also highlighted the need to ensure that torture is not used to obtain confessions, and the need to address the issue of overreliance on confession evidence.
“In the field of torture prevention, traditionally, a strong focus is placed on the establishment and implementation in law and practice of procedural safeguards, as well as on the treatment of prisoners and conditions of detention,” said Stephanie Selg, ODIHR Adviser on Torture Prevention. “Much less has been said and done about why torture still happens and what the existing incentives are. These questions should be addressed to assist states in living up to their commitment to eradicating torture and other ill-treatment in the OSCE region.”
Jago Russell, Chief Executive of Fair Trials, said: “Coercion is fuelling a vision of criminal justice that is only focused on 'efficiency', creating a conveyor belt of criminal justice that does not respect human rights. Coercion can take numerous forms, beyond torture itself, and can include the abuse of plea-bargaining and pre-trial detention.”
Specific examples of how policing can work without coercion, for instance through investigative interviewing methods, were presented and discussed. The discussion included a consideration of promising legislative measures and reform practices from the Central Asian region and beyond.
CHISINAU, 27 November 2018 – The OSCE Representative on Freedom of the Media, Harlem Desir, is visiting Moldova from 27 to 30 November 2018. During the visit, he will meet the Speaker of Parliament Andrian Candu, Minister of Foreign Affairs and European Integration Tudor Ulianovschi, President of the Co-ordinating Council of Audiovisuals Dragoș Vicol, other political actors, the management of the National Public Broadcaster “Teleradio-Moldova”, as well as representatives of the media and media NGOs.
Desir will also speak at the award ceremony of the 2018 ADAMI Media Prize for Cultural Diversity in Eastern Europe, and address Moldovan media representatives during the annual Media Forum on 29 November.
During the visit to Moldova, Desir aims to receive first-hand information on the state policies on media freedom, to exchange views on the latest media freedom developments in the country, and to discuss areas where the Office of the OSCE Representative on Freedom of the Media can provide assistance.
As part his mandate, the OSCE Representative on Freedom of the Media observes media developments in the 57 OSCE participating States and promotes full compliance with the Organization’s principles and commitments in respect of freedom of expression and free media.
On Friday, 30 November 2018, journalists are invited to a press conference with the OSCE Representative on Freedom of the Media, at 11:30 at the premises of the OSCE Mission to Moldova in Chisinau, 75 Alexei Mateevici Street.
IMPORTANT: Advance registration of media representatives for the press conference is mandatory. Media representatives should register by sending an e-mail with their name and the name of their media organization to MtMpress@osce.org by 17.00, Thursday, 29 November 2018.
Registered media representatives should present a valid press card and/or ID in order to attend the press conference.
For more information, please contact the Press Office of the OSCE Mission to Moldova, at +373 22 223 495 or e-mail: MtMpress@osce.org.
The OSCE Mission to Montenegro organized three workshops aiming to strengthen the capacity of parliamentary committees in maintaining inclusiveness, upholding international standards, communicating with media, citizens and civil society, as well as in improving co-operation with independent state institutions on 5, 19 and 26 November 2018 in Podgorica.
“These workshops are a continuation of the work that we have done together with Montenegro’s parliament, focusing on issues of great importance to democratic life,” said Lia Magnaguagno, Programme Manager at the OSCE Mission to Montenegro, addressing the participants. “They are not meant to be a lecture, but rather a discussion and an opportunity to share experiences with the aim to help you further reflect on your work, and to give you useful ideas and suggestions.”
The first workshop gathered more than 15 participants from the parliament and parliamentary committees, including several MPs whose discussions focused on achieving stronger parliamentary legitimacy through inclusiveness and international standards. Experts from Albania and Croatia presented the challenges they faced and the achievements accomplished in applying international standards.
During the second workshop, experts presented tools that can be utilized in improving communication with citizens, media and civil society. They shared their views on some of the best practices when communicating with the public, and referred to some of the challenges that they encountered in their day-to-day work.
The third workshop focused on Parliament’s co-operation with independent state institutions, and formal and informal approaches to the parliament’s oversight function, one of the cornerstones of democracy.
The OSCE Mission to Montenegro remains committed to improving the capacity of parliamentary committees through expert assessments and tailored workshops, with the ultimate aim of enhancing the effectiveness of the parliament.
A specialized workshop for Belarus law enforcement officials on challenges in combating corruption and financial crimes that make use of new technologies concluded on 27 November 2018 in Minsk.
The workshop was organized by the Office of the Co-ordinator of OSCE Economic and Environmental Activities (OCEEA) in co-operation with the UN Office on Drugs and Crime (UNODC) and with the support of the Department of Financial Investigations of the State Control Committee of Belarus. The workshop aimed at discussing tools and methods to investigate corruption crimes that are committed with the involvement of new digital technologies.
The participants discussed the early detection and prevention of corruption and financial crimes, as well as aspects of international co-operation in this area. Workshop participants also discussed the experiences and best practices of other OSCE participating States in countering the use of new technologies for criminal purposes.
“Advances in technology are rapidly transforming our societies and our way of life,” said Andrei Muntean, Senior Economic Adviser at the OSCE OCEEA. “However, they are also giving new tools to criminals and digitalization is a big contributor to the globalization of corruption.”
Igar Marshalov, Deputy Chairperson of the State Control Committee of Belarus, said: “The fast-growing digital sector of economy attracts both legitimate business and criminals. This workshop will contribute to the participants’ capacity to identify and prevent corruption and financial crimes in the digital era.”
The workshop is a continuation of the discussions conducted during the roundtable meeting on combating corruption and financial crimes organized by the OSCE/OCEEA in partnership with the Department of Financial Investigations of the State Control Committee of Belarus in December 2017 in Minsk. It also follows up on the workshop on combating misuse of Darknet and cryptocurrencies for corruption and financial crimes organized in co-operation with the UN Office on Drugs and Crime (UNODC) in June 2018 in Vienna.
Strengthening co-operation in tourism between local communities was the focus of a conference organized by the OSCE Mission to Bosnia and Herzegovina in co-operation with the city of Goražde and the municipalities of Foča, Rudo, and Višegrad, held on 27 November 2018 in Goražde.
The aim of the conference, which gathered more than 30 representatives of the cantonal institutions, municipalities, relevant ministries and tourist agencies, was to discuss the importance of public-private partnership between local communities in order to improve regional tourism competitiveness.
The conference was also an opportunity to present a new tourist guidebook, Experience the Drina Valley, which represents a joint tourist offer of Foča, Goražde, Višegrad and Rudo.
“The Upper Drina region, which has been struggling for many years with economic difficulties, has extraordinary potential in the area of tourism in the form of natural beauty and cultural heritage,” said Marek Kubiček, Head of the OSCE Field Office Foča. “Unfortunately, this potential has not been realized, mostly due to the absence of any regional co-operation mechanism.”
As a response to this situation, the OSCE Field Office Foča initiated regional cross-entity co-operation at the beginning of this year, including bringing together representatives from the selected municipalities. The tourist guidebook presented today is the first tangible result of those efforts.
“We hope that this partnership will further flourish and will serve as a driving force for the future prosperity of the region,” Kubiček added.
TBILISI, 27 November 2018 – The international observers monitoring the second round of the presidential election in Georgia will present their preliminary post-election statement at a news conference on Thursday, 29 November, in Tbilisi.
The mission is a joint undertaking of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), the OSCE Parliamentary Assembly (OSCE PA), the European Parliament (EP) and the Parliamentary Assembly of the Council of Europe (PACE).
The statement will be delivered by Kristian Vigenin, Special Co-ordinator and leader of the short-term OSCE observer mission, followed by Laima Andrikiene, Head of the EP delegation, Margareta Cederfelt, Head of the OSCE PA delegation, Andrej Hunko, Head of the PACE delegation, and Ambassador Geert-Hinrich Ahrens, Head of the ODIHR election observation mission.
The International Election Observation Mission comprises some 215 observers from 32 countries, including 185 long- and short-term observers deployed by ODIHR, 11 parliamentarians and staff from the OSCE PA, 10 from the EP and 5 from PACE.
Journalists are invited to attend the press conference on Thursday, 29 November, at 14:30 in the Grand Royal Ballroom of the Biltmore Hotel, 29 Rustaveli Ave., Tbilisi.
Live stream of the press conference will be available at: www.facebook.com/osce.odihr and www.oscepa.org.
For further information, contact:
Thomas Rymer, ODIHR, +995 591 616 398 or +48 609 522 266, thomas.rymer@odihr.pl
Iryna Sabashuk, OSCE PA, +995 591 716 350 or +45 60 10 81 73, iryna@oscepa.dk
Chemavon Chahbazian, PACE, +995 +995 591 716 333 or +33 (0) 6 50 68 76 55, chemavon.chahbazian@coe.int
Karl Minaire, EP, +995 599 070 453 or +32 477 85 45 78, karl.minaire@europarl.europa.eu
An OSCE-organized workshop for senior border officials from Turkmenistan and Afghanistan on inter-agency co-operation in border security and management took place in Ashgabat from 19 to 23 November 2018.
An expert from the OSCE Conflict Prevention Centre and international experts on international and interagency co-operation in border security and management assisted in conducting the workshop.
“Through this workshop the OSCE confirms the relevance and effectiveness of its activities in strengthening border security and developing various aspects of co-operation in the world and here in the region,” said Natalya Drozd, Head of the OSCE Centre in Ashgabat. “The OSCE participating States and Partners for Co-operation attach special importance to border security issues, in particular, to countering common challenges and threats, primarily international terrorism and extremism, drug trafficking, transnational organized crime and illegal migration.”
The First Secretary of the Embassy of Afghanistan Mohammad Hassan Aman thanked the OSCE Centre for its ongoing work in the area of border security and management, and emphasized its contribution to promoting co-operation between Turkmenistan and Afghanistan.
Istvan Samu, an international expert from Hungary underscored that the partners involved need to have common goals and interests for the inter-agency co-operation to be effective and beneficial.
Shahriniso Najmetdinova–Scott, an independent Consultant on Human Rights and Counter-Terrorism, elaborated on the different types of transnational threats, such as terrorism, and placed special attention to the phenomenon of harmful gender stereotypes.
Seppo Turkia, an international expert from Finland, acquainted the participants with the work of the European Border and Coast Guard Agency (FRONTEX) and Finnish best practices in inter-agency cooperation.
Taras Seredyuk and Henadzi Aleksiayuk from the State Border Guard Committee of the Republic of Belarus also shared their practices and experiences on interagency co-operation.
The workshop was organized with financial support from the governments of Germany, Italy and Japan, and is the third in a series of joint Turkmen-Afghan workshops held this year within the Centre’s extra-budgetary project.
This project component will conclude with a three-day joint Turkmen-Afghan Workshop on fighting cross-border crimes and countering drugs, psychoactive substances and precursors scheduled for 4-6 December 2018 in Ashgabat.
VIENNA/ROME, 26 November 2018 - OSCE Chairperson-in-Office Enzo Moavero Milanesi and Secretary General Thomas Greminger today called for restraint and dialogue to de-escalate the already tense situation in the Azov Sea and the Kerch Strait.
Chairperson-in-Office and Italian Minister of Foreign Affairs Enzo Moavero Milanesi said: “We are extremely concerned over the reported developments in the area of the Azov Sea and the Kerch Strait. We call on all parties to contribute by political and diplomatic means to de-escalate the situation and ease tensions to avoid further risks of destabilization in the region.
We urge all sides to refrain from the use of force and settle any disputes by peaceful means, in full compliance with international law, OSCE principles and commitments, and fully respecting Countries’ sovereignty and territorial integrity.
These recent events confirm the need to work together concretely in the OSCE to address risk reduction and incident prevention”.
Secretary General Greminger stressed that “immediate de-escalation is both urgent and essential. I urge Ukraine and the Russian Federation to exercise restraint, step back from any further provocations and immediately engage in dialogue to reduce the risk of further tensions in the region,” he said.