98.	In electoral campaign of 1994 the Crimean Tatars put forward 22 candidates to the Crimean Parliament by majority districts and 5 candidates to the Parliament of Ukraine. None of Crimean Tatar's candidate has got a position in Crimean Parliament, due to the obstruction of the electors of other national groups, who are in absolute majority in all districts.
99.	Nevertheless in 1994, 14 Crimean Tatars deputies had seats in the Supreme Soviet of Autonomous Republic of the Crimea (the Parliament). All of them were nominated by Kurultay of Crimean Tatar People. The Supreme Council of Crimea in 1993 gave one term quota of 14 Crimean Tatars mandates in Parliament. But this decision was not a result of a good will the Parliament's majority. The quota was received by Crimean Tatars through mass civil protest actions, including blockade of railways in the fall of 1993. A great political tension pushed the local authorities (not Ukrainian Government) toward negotiations. In result, a temporary compromise was reached. Nowadays, this quota was abolished.
100.	However, Ukraine in its forth periodic report on Implementation of the International Covenant on Civil and Political rights submitted to Human Rights Committee on 20 July 1994, under Article 27 (rights of minorities) declared that: "...the equality of rights is not recognized by the Ukrainian authorities in a merely formal and legalistic fashion. When these rights are being implemented account is taken of the actual situation and the real position of a particular national minority. For instance, the process of return and rehabilitation of the Crimean Tatar people requires special attention and a special policy from the State, including a policy on organizing State power and making it effective. As a result under the Constitution of the Autonomous republic of the Crimea the Crimean Tatar People obtained a separate quota in its Supreme Council�. (UNO Doc.: CCPR/C/95/Add.2, 223) It is not in accordance with reality, because neither previous Constitution of Crimea, nor present one provides any representation of Crimean Tatars.
101.	In January of 1995 a Deputy group of Crimean Tatars in Crimean parliament which was existing that time only due to the quota (that was by positive way noted in the Conclusion Observations of the Committee on Economic, Social and Cultural Rights of UNO at the 28th of December of 1995) had achieved the agreement with other factions about the procedure of the elections of local self-government in Crimea. The principle was that Crimean Tatars and other formerly deported national minorities as a Greeks, Germans, Bulgarians, Armenians have a number of mandates in the cities and district councils proportionally to their presence in the population of those units. In March of 1995 the Ukrainian Parliament abolished this law. After numerous protests of Crimean Tatars the Ukrainian Parliament in April of 1995 adopted a new demagogic procedure so it was unable to implement. During 2 weeks 150 000 Crimean Tatar's voters were told to write and prepare special applications to the authorities that ask to be allowed to elect their deputies in separate districts. Naturally Crimean Tatars boycotted this procedure and those elections.
102.	In accordance with the Law of Ukraine on National Minorities the Non-Governmental Associations of Nationalities shall have a right to put forward the candidates for the general elections. But the Law on the elections doesn't have this provision, so the electoral commission refused to register the candidates proposed by those associations.
103.	In accordance with the Law on Elections in the regions where the National Minorities live, special electoral districts must be arranged the way that National Minorities' voters should constitute more then 1/2 of all voters. The Crimean Tatars faction in the Supreme Council of Crimea (had been existing that time) officially applied to the Central electoral Commission of Ukraine in February of 1998 claiming to arrange that district in Crimea. No response was received.
104.	Currently, no legislative act provides an effective representation, political participation and self-government of Crimean Tatar People including the rights of self-determination. So the situation is as follows
105.	In 1998 Ukrainian Government firstly deprived those Crimean Tatars who had not obtained Ukrainian citizenship of the right to vote. But:
106.	the exclusion of those Crimean Tatars from the elections transgresses the Agreement on the questions relating to restoration of rights of deported persons, national minorities and peoples, which states: "Parties shall provide deported persons voluntary returning to places of their residence on moment of deportation with conditions for settlement, education, national, cultural and spiritual development as well as political, economical and social rights equally with the citizens constantly live there"
107.	the lack of Ukrainian citizenship was the consequence of the provisions of the Ukrainian law, which didn't allow Crimean Tatars to apply for it (see above).
108.	in accordance with article 22 of the Constitution of Ukraine it is prohibited to abolish or to reduce the Human Rights established earlier. Crimean Tatars were allowed to take part in the elections of 1994 (Parliamentarian and Presidential) independently of the Ukrainian citizenship. So it was the conscious action aimed to eliminate the political rights of the Crimean Tatar People.
109.	Nevertheless in March of 1998 two deputies of Crimean Tatars were elected to Verkhovna Rada of Ukraine. They are Mustafa Dzhemilev - Chairman of Mejlis of the Crimean Tatar People (from the Rukh Party's ticket) and Refat Chubarov. Ukrainian Government uses this fact for the suggestions that the right to the political representation of the Crimean Tatars exists actually as it was with the representation in Crimean Parliament earlier. But the result was, a minor achievement by the Crimean Tatars since they have fail in election at all other levels of the State bodies. An important point is that the representation in the Ukrainian Parliament is still in question because if there won't be special legal procedures to ensure it the Crimean Tatars will always be in a risqu� to loose that representation as it happened in Crimea at the elections of 1998. Crimean Tatars can't be sure that any political party will include their candidates in the advantageous position. And they have their own interests, which should be presented in Ukrainian parliament without dependence on the views of any Ukrainian party or Government.
110.	While the 1998 elections to the Supreme Council of the Crimea 70 Crimean Tatars were put forward as candidates at 44 of 100 polling districts. In 20 of them, only one candidate of Crimean Tatar was presented and in 24 two and more candidates were represented. None of the representatives of Crimean Tatars was elected to Supreme Council of the Crimea. Among newly elected deputies to local councils at all levels 579 persons of Crimean Tatars were elected as follows: - in district councils - 40 persons (5,1 % of general number of deputies); - in settlement's councils - 32 persons (3,9 %); - in rural councils - 489 persons (11,8 %); - in municipal councils of district significance - 12 persons (8,8 %); - in district councils of Simferopol - 6 persons (4,9 %); - 5 persons were elected as head of rural councils.
111.	The Election Observation Mission of OSCE and PACE marked in their Preliminary Joint Statement issued on March 13, 1998 that �further steps could have been taken to ensure full participation of Returned Tatars in the election and a better possibility for them to be represented in the Crimean Parliament�. Specially describing the situation in the Autonomous Republic of the Crimea it emphasizes �out of a total of 165 000 Crimean Tatar returnees of voting age only approximately 80 000 are Ukrainian citizens and thus enjoy the right to vote. Of the remaining 85 000 non � citizens, approximately 15 000 are stateless and 70 000 are citizens of other CIS states? Mostly Uzbekistan. The Election Observation Mission strongly supports the efforts of the OSCE Mission to Ukraine and High Commissioner on National Minorities to simplify procedures for issuing citizenship to all returned Tatars. The Observation Mission regrets the failure of initiatives for granting returnees with permanent residence, regardless of citizenship, the right to vote. Such an arrangement was made for the 1994 parliamentary elections, and by repeating the arrangement the representative nature of the Crimean Parliament would have been greatly increased.
112.	The 100 deputies to the Crimean Parliament are elected in single � member majoritarian constituencies. The quotas for the national minorities which existed in the outgoing Parliament have been abolished. The new system does not guarantee a population of the size of the Tatars (11%) representation in the local parliament, because Crimean Tatars settlements are widely scattered throughout the peninsula with no large concentrations. The Election Observation Mission strongly regrets that a system guaranteeing representation for a significant minority has not been established in the Crimean Parliament.�
113.	The issue is further compounded due to Crimean Tatars have only a few participation in official organs authorized to implement a law in Crimea : - in organs of the Ministry of Internal Affairs 1,3%, - none in the system of organs of National Security; - in Office of Public Prosecutor 5,9%, - in Courts 1,7% and - in the system of executive institution 1,5%
114.	Crimean Tatars employed in administration are assigned to deal with Crimean Tatar issues. The occupation of the positions of general authority is limited (See appendix 1 to this report).
115.	Racial and national discrimination is sharply condemned by international public opinion. State organs and officials try not to give reasons for the conclusion that there is a racial and ethnic motivation for discriminatory actions.
116.	Official position in connection with limiting or neglecting of the rights of Crimean Tatars is used such as a time of the service, the belonging to the citizenship of Ukraine, absence of the �special� legislation on the restoration of rights, not maintained archives etc.
117.	The combination of all this negative circumstances with those, which were mentioned above, undermined the very possibility of Crimean Tatars to have the right to political participation and representation.