NEW RESTRICTIVE RUSSIAN ELECTORAL LEGISLATION

C O N F I D E N T I A L SECTION 01 OF 03 MOSCOW 007666 SIPDIS SIPDIS E.O. 12958: DECL: 07/11/2016 TAGS: PGOV PREL PINR RS SUBJECT: NEW RESTRICTIVE RUSSIAN ELECTORAL LEGISLATION REF: A. 2004 MOSCOW 9554 ¶B. 2005 MOSCOW 6811 Classified By: DCM Daniel A. Russell. Reasons 1.4b and d. ¶1. (C) SUMMARY. A flurry of new, more restrictive legal measures affecting the conduct of elections appeared during the last few weeks of the spring sessions of both houses of the Russian parliament. On July 12, President Putin signed amendments passed by both houses that end the option of voting "against all candidates" on ballots and prohibit politicians from changing factions after they have been elected. Both legislative chambers also passed a controversial bill, which was sent to Putin for signature on July 14, that would amend the law on countering extremism to expand the definition of extremism, a move which many observers believe could be selectively used to target politicians and parties and to stifle dissent. The Duma also considered other amendments to the voting rights law, which would reinstate early voting before election day and widen the criteria for removing parties and candidates from races on extremist grounds and for denying registration to candidates and parties based on incomplete documentation. These latter amendments will be taken up again when the Duma reconvenes for its autumn session on September 3. Most observers believe that the United Russia party is behind all of these measures, as it seeks to bolster its position in the run-up to 2007/2008 elections. Despite their hurried passage, these amendments have been sharply by both pro-Kremlin and opposition figures. The most prominent critic of all of these measures has been Central Elections Commission Chair Aleksandr Veshnyakov, who told A/S Fried that the extremism bill goes too far and the early voting/ending "against all" amendments were bad for Russian democracy. END SUMMARY. . -------------- EXTREMISM AMENDMENTS -------------- ¶2. (SBU) New amendments to the law "On Countering Extremism" have been passed by both houses and forwarded on July 14 for signature to President Putin. The definition of extremism in Article 1 of the existing law would be changed to include "preventing government bodies or state agencies from performing their legitimate functions," "direct calls for extremist activities," "public statements that encourage or allow for extremist activities," and "defamatory statements against federal or regional officials, combined with allegations of major crimes." The list of actions that might be considered extremist has been enlarged to include all statements and reports concerning state officials, propagation of supremacy or inferiority of ethnic or religious groups, and production of audio or visual materials containing elements of an extremist nature. The word "extremist" will be applicable not only to the person who made such remarks, but also to the distributor of print, audiovisual, or other materials, such as Internet web sites. Actions such as occupation of government offices would be regarded not as disturbances of the peace but as extremism punishable under Article 280 of the Criminal Code with a prison term of up to three years. Under Article 15 of the existing law, parties can avoid legal action if they renounce members accused of offenses, but this provision would be removed under the new amendments. ¶3. (SBU) The new extremism amendments enjoyed broad support among United Russia and other pro-government forces. Twenty-seven members of the Public Chamber called for similar legislation barring "extremists" from elections shortly before the amendments were introduced in the Duma. Also, the heads of 13 Russian regions (11 of which are members of the United Russia executive committee) issued a letter in support of the amendments during the week of June 18, just days before the Duma was to vote on them. Many civil society activists and opposition members, however, have expressed serious misgivings that these provisions will be interpreted loosely and be used against them to stifle even legitimate dissent. . -------------- -------------- AMENDMENTS TO LAW ON BASIC GUARANTEES OF VOTING RIGHTS -------------- -------------- ¶4. (SBU) Duma deputies from United Russia, the Liberal Democratic Party (LDPR),and Rodina faction leader Aleksandr Babakov, proposed substantial changes to Russia's fundamental electoral law "On Basic Guarantees of Voting Rights." The bill had its first reading on July 8 and will be considered further during the Duma's autumn session, which begins on September 3. One amendment widens criteria for removing political parties or individuals from electoral races and MOSCOW 00007666 002 OF 003 works in tandem with the newly broadened definition of "extremism." According to the draft bill, if a politician conducts "extremist activities" before or during an election campaign, and this activity is confirmed by a court, the offending politician's party could be denied registration for its whole list of candidates or denied a seat in parliament. Political parties would be allowed two violations followed by a ban. These penalties could be applied at any time during the legislative term. ¶5. (SBU) Another amendment brings back early voting - a procedure that Russia had already tried and abandoned, and which critics fear could allow easy manipulation of election results. The amendment states that if a voter has a valid reason (vacation, business trip, illness) that prevents him from voting on election day, he can vote up to five days early. Another provision in the bill increases from 25 to 35 the number of reasons for denying registration to a candidate or party. Omitting any of the items in required administrative and financial documents and reports could result in denial of registration. The same penalty would apply to candidates or parties who provide "incomplete" or "improperly presented" documents, although the two concepts are not clearly defined in the bill. . -------------- "AGAINST ALL" AMENDMENT -------------- ¶6. (SBU) An amendment abolishing the &against all candidates8 option was passed by both houses and signed into law by Putin on July 12. In recent elections, opposition parties had encouraged voters to register their protest by checking "against all." In the 2003 Duma election, "against all" came in fifth place, with 4.7 percent of the vote, on a ballot of 23 parties and blocs. In the 2004 presidential election, "against all" again took fifth place, with 3.45 percent of the vote, on a ballot of six candidates. ¶7. (SBU) Stoking fears that "against all" voting could disrupt upcoming elections at the federal level, a recent Levada Center poll reported that 18 percent of respondents would vote the protest option were the presidential election held today. Critics of the measure have pointed out that voter turnout probably will suffQ with removal of the option. Some observers believe that United Russia, however, could benefit from a lower turnout, assuming would-be protest voters simply decided to stay home. ¶8. (SBU) Discussion of the "against all" option has been lively and public. At a meeting of the November 4 Political Discussion Club on June 28, Chairman of the Federation Council Sergey Mironov spoke out against elimination of the "against all" option, saying that it would not help anyone and it was a serious strategic error on United Russia's part. Vladimir Pligin, chairman of the Duma Committee on Constitutional Law and State-Building, simply said it was "justified." Valeriy Fadeyev, chief editor of Ekspert magazine and Public Chamber member said the "against all" option was a political anachronism that encouraged apathy and irresponsibility. However, Igor Zadorin from the ZIRCON think tank said that "the extent of voting against all candidates has served to alert authorities to danger signs," and "it offered a venting opportunity for the protest vote." . -------------- CHANGING FACTIONS PROHIBITED -------------- ¶9. (SBU) On July 12, Putin signed into law amendments prohibiting (under threat of losing seats) deputies in the Duma and regional parliaments from including members of one party on the electoral list of another party before elections. The measure also would ban politicians from changing factions after they have been elected. After the 2003 elections, many single-mandate deputies joined United Russia or switched allegiance to other parties. According to one of the bill's authors, Deputy Aleksandr Kharitonov, the amendments were not a move against the opposition or small parties, but an attempt to prevent "people from running from one party to another." However, independent Deputy Vladimir Ryzhkov objected that "this bill turns deputies into serfs" and Boris Nadezhdin, deputy head of the Union of Right Forces (SPS) agreed, saying, "On the one hand, United Russia wants to prevent its deputies from leaving the party, but on the other hand, they also want to complicate the rules for small opposition parties to get into the Duma." . -------------- REACTIONS TO NEW LEGISLATION -------------- MOSCOW 00007666 003 OF 003 ¶10. (SBU) Despite their hurried passage, these amendments have been widely criticized by both pro-Kremlin and opposition forces. At a June 28 meeting of the November 4 Political Discussion Club, the founder of the Club, Valeriy Fadeyev, concluded that "we are moving toward a stronger party system." Opposition deputy Sergey Popov, criticizing the amendments, said "If before the Communist Party of the Soviet Union was building communism, now United Russia is building "unirussism"." Boris Nadezhdin, federal policy council secretary for SPS, complained that the current amendments were passed too quickly without allowing for adequate debate or discourse. Aleksey Makarkin, an analyst with the Political Technology Center, said the reforms were based on maximum controllability, along with maximum consolidation, so that eventually only a few parties will remain. ¶11. (C) The most prominent critic of the new legislation is Central Election Commission Chair Aleksandr Veshnyakov, who has spoken out privately and publicly against most of the measures. In a July 12 meeting with EUR A/S Fried, Veshnyakov flatly stated that the proposed amendments to Russia's election laws were unnecessary and even dangerous to Russian democracy. Veshnyakov said amendments to the law on extremism went too far, to the point that even criticism of the government could be found to be extremist and lead to a ban on a party or candidate. He said that a whole party should not be held accountable for one person. If a party's policy program contains signs of extremism, the party should be punished. But when it is an individual candidate, the punishment should be meted out to the individual, not the party. ¶12. (C) Veshnyakov commented that the removal of the "against all" option from the ballot would not only limit voters' freedom of choice, but could also reduce voter turnout. Reinstating early voting would revert back to the problem-filled previous system, opening the way for possible manipulation of voting. He added that there were still opportunities to defeat these amendments in the legislative process, or later, to challenge them in court. Veshnyakov hinted that if the amendments were enacted, he would likely step down at the end of his term in spring 2007. . -------------- COMMENT -------------- ¶13. (C) Observers nearly unanimously point to United Russia as the source for these new measures in an attempt to further bolster the party's already strong position in the run-up to the 2007 Duma and 2008 presidential elections. Veshnyakov and Vladimir Lukin's Office of the Human Rights Ombudsman have been among the most scathing critics of the measures. Their criticism reflects the fact that the amendments were hastily drawn up and poorly conceived. While we believe that Veshnyakov is sincere in his desire to roll back these amendments, it is obviously going to be difficult to overturn those already signed into law by Putin. BURNS