CLRAE President Frecon to EuroFora on Donetsk/Luhansk Election controversy: Old or New Ukranian Law?

*Strasbourg/CoE+Region Alsace/Angelo Marcopolo/- Timely speaking to "EuroFora" during PanEuropean CoE's Annual "World Forum for Democracy" events, some of which were co-organized together with Strasbourg's Region Alsace, the new President of CoE's Watchdog on Local and Regional Democracy, the 47 Countries' strong Congress of Local and Regional Authorities of Europe (CLRAE), French Senator from the Governing Majority of the Socialist Party, experienced Jean-Claude Frecon, said that "we  must consider carefully" the open question whether the controversial Donetsk-Luhansk areas' Votes, which have been strongly denounced by Kiev's Government as contrary to the recent Minsk Agreement on Cease-Fire and the Peace process, because the latter's text referred to "Elections according to the Ukranian Law", could and should take place under the Pre-Existing Laws, or, on the contrary, under the New relevant Ukranian Laws, notoriously due to be definitively adopted according to Crucial Proposals of Constitutional Reforms for a substantial De-Centralisation of Power in the Country, already made by Ukranian President Poroshenko, submitted and examined by the competent CoE's Constitutional Law watchdog, "the Commission of Venice", during an exceptional Plenary Session in Rome, (Italy), last October 2014, (Comp. : .....), which are expected to play a Key Role in the Quest of a Peaceful, Political Solution to the Ukranian Crisis, based on Dialogue, Compromise and Principles, instead of Destructive and Deadly Military Clashes which have already killed much more than 4 Thousands of People, including many innocent Civilians, (f.ex. Elders, Women, Children, etc).

Kiev's Government has recently raised an uproar, just after the latest Ukranian Parliamentary Elections, held at the other areas of the Country, and with the participation of most but not all Political Parties of the Country, by accusing the Autonomist areas of Donetsk/Luhansk to have misinterpreted and even violated the letter of the September 2014 Minsk Agreements by holding Yesterday, Sunday, November 2, so-called Presidential and Parliamentary Elections in an attempt to Democraticaly choose their Leaders, before and in addition of the Forthcoming Local Elections throughout all Ukraine, scheduled for December 2014. This has even been used by Kiev's Authorities as a motivation for their recently anounced decision to Cancel, a posteriori, a Crucial Law on "a Special Status of parts of Donetsk and Luhansk regions", at least during the next 3 Years, which has been considered as having a Decisive Importance for the overall Political Compromise between the Central Government of the Country and the Autonomist Regions of Donetsk/Luhansk which had been agreed at the basis of the recent Cease-Fire and Peace process, risking, obviously, Today, to eventually endanger the entire attempt to Stop the Deadly Clashes and bring back Peace.

While many Western European Governments, EU and even CoE's bodies, etc. have, more or less Criticized separate so-called Presidential and/or Parliamentarian Elections in those Eastern Ukranian Regions, contrary to Russia and some other Countries and/or MEPs, (who have mainy focused, instead, on the need to "encourage" the Peace process in Ukraine and "make possible" the holding of Elections in Donetsk - Luhansk, as promised by the Minsk agreements), nevertheless, everybody knows, naturally, that even a simple local Association of Fishermen, and/or a Sports' Club, as also a Political Party, etc., obviously have a right (and even a Duty) to elect their "President" and their "Assembly" of representatives...In this case, Popular Participation was up to 69% at Luhansk and 85% at Lugansk, with various Observers from several Countries, (even USA), according to local sources.

But, the most Crucial point in the present case, given its specific, overall Legal and Political Context, seems to be, in fact, another one :  To put it in a nutshell, if Donetsk and Luhansk areas limited themselves, as thinks stand Today, to hold only some strictly-speaking "Local" Elections, "according to" the PRE-EXISTING "Ukranian Law", then, this would practically mean that they couldn't elect at all their own political Leader of their Free Choice, since the Old Ukranian Law didn't allow for the Heads of the Country's Regions to be elected by the Regional Populations, but obliged, on the contrary, for them to be .. Appointed by the Central Kiev's Authorities, and particularly by the President of the Country. The only Elections of an area's Leaders which existed already in the Past of Ukraine's Legislation, was just that of Mayors of simple Cities and Villages, i.e. something which is, obviously, inadequate (both Politicaly and Legaly) in the present case of the Compromise Agreement between the Government of the Country and the Leadership of the Autonomist Donetsk - Luhansk Regions.

This corresponds, morever, to a well known Criticism routinely exerted by the CoE (and particularly its competent CLRAE body) vis a vis all Ukranian Governments of the Past, as well as in some other Countries which had a similar situation in the Past, (f.ex. Greece, the Netherlands, Turkey etc), until most of them Changed their Legislation in order to adapt it according to CoE/CLRAE's Principles, where the Leaders of Regions weren't previously freely Elected by their Populations, but, on the contrary, Unilateraly Appointed by the Central Authorities of the Country.

That's why, in addition, one of the most expected Constitutional and Legislative Reforms for that crucial "De-Centralisation of Power" that has been promissed by Ukranian President Poroshenko, as a basis for a Peace Settlement of the Ukranian conflict, was from the start, and still is, at least to recognize the Legal existence of Regions, able, inter alia, also to freely Elect their Leaders, according to Draft New Laws due to be adopted asap. by the Ukranian Parliament for the Future.

Otherwise, as things still stand Today, it's as if some were pushing the Autonomists of Donetsk/Luhansk regions, either to practically abdicate and abandon any Wish to become an Autonomous Region of Ukraine, but limit themselves only into electing a few, Different Mayors of some Cities and/or Villages, separated one from another,  or, on the contrary, to obliged thal to have No Other Choice, but just to become realy "Separatists", and ask for a Total  "Independence" of their areas, according to an obvious argument "ad absurdum"....       

Thus, obviously, it's only an adequate Regionalisation (if not Federalisation) of the Country which might offer an appropriate Solution for a Compromise Peace Agreement, able to both respect the Territorial Integrity of Ukraine, and the aspirations for Autonomy on the Donetsk/Luhansk Regions.

 - "We shall see if Kiev might, eventually, accept, or not, definitively such a possible Compromise", added carefuly President Frecon, in reply to relevant "EuroFora"s observations in this regard.

By a Symbolic Coincidence, the competent CLRAE's President said that to "EuroFora" on the sidelines of a CoE's WDF event organised at the Headquarters of Strasbourg's Alsace Region, (which, as all the other French Regions, in addition to its Historic specificity, naturally has an Elected Assembly and an Elected President : Philippe Richert, who is one of the co-Organizers of CoE's "World Forum on Democracy", (Comp. Photo Supra)...

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At any case, such a Peaceful Solution to the current Crisis would practically mean that the local Elections at Donetsk and Luhansk should take place not under the pre-existing Ukranian Laws of the Past, but, rather, "according to the Future Laws" of Ukraine on the most important issue of "De-Centralisation of Power" that the President of the Country, Pedro Poroshenko, has already anounced, promissed, and even, at least partially, Drafted (including with Official Documents recently presented to the CoE for appraisal (Comp. Supra), replied also to "EuroFora" the experienced, long-time former Secretary General of the CLRAE, and former Director of the Political Office of one of the most Important CoE's former Chiefs : French Professor Catherine Lalumiere, (currently President of the PanEuropean Network of Political studies' Schools, and present now during CoE's Annual "World Forum of Democracy" in strasbourg), Ulrich Bohner, from Germany.