01/30/2004 | peter byrne

pust' ukrainskaya nepravda protsitiruet ehto

US-UKRAINE RELATIONS ONCE AGAIN ON THE BRINK:
>
> SENIOR STATE DEPARTMENT OFFICIAL
>
>
>
> Agence France Presse (AFP), Washington, D.C., January 29, 2004
>
>
>
> WASHINGTON (AFP) - Recent political developments in Ukraine have so
alarmed
> the United States that relations between the two countries are teetering
on
> the brink once again after a period of rapprochement last year, a senior
> State Department official said Thursday.
>
>
>
> The official said Kiev's heavy-handed tactics against the opposition
> threatened to bring US-Ukraine ties to their lowest point since Washington
> alleged in 2002 that President Leonid Kuchma had personally approved the
> sale of early warning radar equipment to Iraq in violation of UN
sanctions.
>
>
>
> Since then and until October 2003, the official said that relations had
> improved, notably with Ukraine's participation in Iraqi stabilization, but
> that they had now relapsed due to a growing trend of political repression.
>
>
>
> "I'd like to say that the relationship has moved onward and forward since
> then," the official said, referring to a brief September meeting between
US
> President George W. Bush and Kuchma at the United Nations.
>
>
>
> "I can't do that," the official told reporters on condition of anonymity.
> "The relationship has once again been troubled by Ukrainian indiscretions
in
> the area of democracy. And that's putting it politely."
>
>
>
> The official slammed government-sponsored harassment of opposition
> demonstrations in Ukraine, a proposed amendment to radically alter the
> constitution just months ahead of October presidential elections and signs
> that Kuchma may seek a third term which is prohibited by the current
> constitution.
>
>
>
> "We think it would be a very good thing for there to be a new president
> after the next election," the official said.
>
>
>
> Pointing to highly critical remarks made by US ambassador to Ukraine, John
> Herbst, in December the official also took issue with Kuchma's subtle
> accusations that Washington was behind the ouster of former Georgian
> president Eduard Shevardnadze.
>
>
>
> Shevardnadze was forced to resign in November after massive protests
against
> rigged parliamentary polls and Kuchma and others authoritarian leaders in
> the former Soviet Union watched warily as Georgia's "rose revolution" saw
a
> pro-western president overwhelmingly elected in January.
>
>
>
> The US official denied any US role in Georgia's revolution but pointedly
> recalled Herbst's December 23 speech in Kiev in which the envoy said
> Shevardnadze had failed to heed Washington's advice about free and fair
> polls.
>
>
>
> "Long in advance of the run-up to Georgia's elections, we conferred with
> President Shevardnadze and others in the country on the need to hold free
> and fair elections," Herbst said in his speech. "That obviously did not
> happen."
>
>
>
> The official also said Washington shared the opinion of the Council of
> Europe, a pan-European human rights and democracy body, which this week
> censured the proposed constitutional amendment that would scrap direct
> elections of the president.
>
>
>
> Kuchma responded by accusing the council of interfering in the internal
> affairs of the former Soviet republic.
>
>
>
> Last month, a bill to amend the constitution and have the president
elected
> by parliament rather than by universal suffrage passed its first reading
> after a stormy session where opposition parties boycotted the vote.
>
>
>
> Shortly after the bill passed its first reading, Ukraine's Constitutional
> Court ruled that a two-term limit did not apply to Kuchma, since his first
> term began in 1994, before the constitution was adopted in 1996.
>
>
>
> The US official noted with irony that the same court had previously ruled
> the opposite way in a case involving other senior Ukrainian officials, an
> inconsistency not addressed by the judges in the latest decision.
>
>
>
> The official said that unless the October election is deemed to meet
> international standards, US-Ukraine relations will be severely damaged but
> that the converse was also true.
>
>
>
> "Our relationship will get much better if the elections are free and
fair,"
> the official said. "They will get complicated if they proceed the way
> they've begun."
>
>
>
> * U.S. Concerned Over Proposed Electoral Changes in Ukraine
>
>
>
> The United States has "serious reservations" about the
> "unusual timing" of proposals to amend electoral
>
> procedures spelled out in Ukraine's constitution, Deputy
> U.S. Representative to the OSCE Douglas
>
> Davidson told the Permanent Council in Vienna January
29.
>
>
>
> "Embarking on a process of modifying the constitutional
> election procedures during the run-up to a
>
> presidential election is, it seems to us, not consistent
> with democratic principles and also contravenes
>
> normal democratic practice," he said.
>
>
>
> Following is Davidson's statement
>
>
>
> United States Mission to the OSCE
>
> Vienna
>
> http://www.usosce.rpo.at/archive/2004/01/Ukraine.pdf
> <http://www.usosce.rpo.at/archive/2004/01/Ukraine.pdf>
>
>
>
> U.S. STATEMENT ON ELECTION PREPARATIONS IN UKRAINE
>
>
>
> As delivered by Deputy Representative Douglas Davidson
to
> the Permanent Council
>
>
>
> January 29, 2004
>
>
>
> Thank you, Mr. Chairman.
>
>
>
> The U.S. has expressed serious reservations to the
> Ukrainian government on recent proposals to amend Ukraine's constitution,
> this includes the most recent proposal, which was approved by the Rada on
> its first reading on December 24 last year.
>
>
>
> The U.S. concern centers on the unusual timing of the
> proposals for constitutional change. Embarking on a process of modifying
> the constitutional election procedures during the run-up to a presidential
> election is, it seems to us, not consistent with democratic principles and
> also contravenes normal democratic practice.
>
>
>
> The U.S. strongly urges the Ukrainian authorities to
> ensure that the 2004 presidential campaign and election are conducted in a
> free and fair manner.
>
>
>
> The office of the OSCE' project coordinator in Kiev has
an
> important role to play in this regard in coordinating the activities of
the
> international community in order to assist Ukraine in the conduct of its
> elections. The United States attaches great value to continued cooperation
> between the coordinator's office and the Ukrainian government in the
> implementation of the office's elections related activities and it looks
> forward to a report on this matter in the near future.
>
>
>
> Thank You.
>
>
>
> * Resolution 1364 (2004)[1], Provisional Edition
>
> Council of Europe, Parliamentary Assembly
>
> Strasbourg, Germany, January 29, 2004
>
>
>
> [NOTE: The following resolution was adopted January 29 by a vote of 46 in
> favor and 13 against.]
>
>
>
> 1. The Assembly is deeply troubled by the recent developments in
> Verkhovna Rada of Ukraine relating to the consideration of the draft law
on
> amendments to the Constitution of Ukraine and in this context refers to
its
> Resolutions 1179 (1999), 1239 (2001), 1244 (2001), 1346 (2003) and in
> particular to Recommendation 1451 (2000) on the institutional reform in
> Ukraine. It notes that recently a procedure has been initiated, which is
> not in compliance with the Rules of Procedure of the Verkhovna Rada or
> Article 19 of the Constitution of Ukraine.
>
>
>
> 2. The Assembly deeply regrets that the Ukrainian authorities,
> including the President of Ukraine and the Ministry of Foreign Affairs,
> consider the activities of the Council of Europe, namely the Assembly's
> monitoring procedure, the visits of the co-rapporteurs of the Monitoring
> Committee and their statements as "interference in the internal affairs of
> Ukraine".
>
>
>
> In this regard, it recalls that Ukraine has voluntarily accepted the
> obligations arising from its membership according to the Statute of the
> Council of Europe. Therefore, the Assembly finds such a stand of the
> Ukrainian authorities groundless and unjustified.
>
>
>
> 3. The Assembly supports any sincere aspirations by both the
> executive and the legislative authorities of Ukraine to pursue democratic
> reforms that would aim at substantially strengthening the legislative
power
> and enhancing the independence of the judiciary, thus contributing to a
> greater separation of powers and an improved system of checks and balances
> as required by the standards of the Council of Europe.
>
>
>
> 4. The nature of the reforms as well as the system of governance
> chosen is an internal affair of any sovereign state, but only as long as
> they are carried out with due respect to the fundamental law of the
country.
>
>
>
> 5. In this respect, the Assembly reiterates that the current
> Constitution in force since 1996 constitutes the main domestic legal
> instrument on the basis of which the country can develop a genuine
democracy
> and insists on strict respect of its provisions, in particular as regards
> amendments to the Constitution, whatever their necessity and
> appropriateness.
>
>
>
> 6. Within this context, the Assembly is convinced that any
decision
> reforming the constitutional election rules taken on the eve of
Presidential
> elections is likely to be biased and divisive and therefore considers the
> timing of the current debate on constitutional reform highly
inappropriate.
>
>
>
> 7. The Assembly strongly regrets the fact that the crisis in the
> Verkhovna Rada has been sparked by lack of discussion of the officially
> registered draft amendments to the Constitution. The Assembly finds that
> such practices are inappropriate in a democratic state guided by the
> principles of the rule of law.
>
>
>
> 8. At the same time, it deplores the means the opposition has
> resorted to in retaliation in order to block the regular work of
parliament.
>
>
>
> 9. The Assembly refers to the opinion of the European Commission
for
> Democracy through Law ("Venice Commission") adopted on 13 December 2003
> which welcomed the efforts made for the reforming of the system of
> government to bring the Ukrainian system closer to European democratic
> standards but concluded that "the precise solutions chosen in the various
> drafts do not yet seem to have attained that aim and introduce other
> amendments to the Constitution that would appear to be a step backwards".
>
>
>
> 10. The Assembly deplores the fact that none of the recommendations
> of the Venice Commission have been taken into account in the course of the
> revision of the three Draft Laws (n° 3207-1, 4105 and 4180) by the
> Constitutional Court of Ukraine nor by the ad hoc parliamentary
> Constitutional Committee before submitting the Draft Law N° 4105 for
> discussion in the Verkhovna Rada. The Assembly therefore urges the
relevant
> Ukrainian authorities to take into account all recommendations made so far
> by the Venice Commission and to continue to hold an open and effective
> dialogue with the Commission with a view to further improving the draft
laws
> currently under debate.
>
>
>
> 11. The Assembly launches an urgent appeal to the parties and
blocks,
> to parliamentary factions and groups represented in the Verkhovna Rada to
> resolve their problems in a peaceful manner through an open dialogue and
> full respect for parliamentary rules and regulations by means of:
>
>
>
> i. securing the legitimacy of any constitutional reform by
> admitting that, in this instance, the Rules of Procedure of the Verkhovna
> Rada failed to be respected by all parties concerned, taking into account
> that "voting by raising hands" in parliament is not provided for by law,
> including the Rules of Procedure;
>
>
>
> ii. proceeding to an open debate on all three Draft Laws
(n°
> 3207-1, 4105 and 4180) on constitutional amendments which would involve a
> proper public information and a nation-wide popular discussion on these
> issues, especially pluralistic political debates on national TV and Radio
> channels;
>
>
>
> iii. fully taking into account the recommendations of the
> Venice Commission while amending the Constitution and in particular
> reconsidering their position regarding the imperative mandate of national
> deputies, the limitation to ten years of the judges' tenure and the
> extension of the mandate of the Prosecutor General, which all conflict
with
> the principles of democracy and the rule of law;
>
>
>
> iv. ensuring that the next presidential election be held as
> scheduled and for the term prescribed in the current Constitution, in view
> of the fact that changing the election modalities immediately before the
> elections are due can only but confuse the electorate;
>
>
>
> v. agreeing to submit any constitutional changes relating
to
> the term and mode of election of a president to a nation-wide referendum
as
> provided in Article 156 of the Constitution in force.
>
>
>
> 12. The recent rulings of the Constitutional Court have once again
> shown the vulnerability of the independence of the judiciary in Ukraine.
In
> the earnest belief that only a fully independent judiciary can provide the
> stability that is necessary to establish the rule of law, the Assembly is
> concerned by the ruling of the Constitutional Court of Ukraine of 25
> December 2003 (N° 22-rp) as it corresponds neither to the present nor to
the
> previous Constitution of Ukraine in force when President Kuchma was first
> elected in 1994.
>
>
>
> The Assembly still hopes that the President of Ukraine will demonstrate
> democratic responsibility by stepping down at the end of his second term
as
> foreseen by the Constitution of Ukraine.
>
>
>
> 13. With regard to the forthcoming Presidential elections in
October
> 2004, the Assembly shares the concern of many Ukrainian citizens that the
> election may not be truly free, fair, open and transparent. It maintains
> that any form of authoritarian practices like intimidation of voters,
> pressures on elections commissioners, curtailing the freedom of expression
> or bias of the media in favour of some candidates of the ruling political
> forces is clearly unacceptable. When full respect has been given to all
> these elements, the outcome of the elections also has to be respected.
>
>
>
> 14. The Assembly calls upon the President of Ukraine to submit in
the
> nearest future the proposed candidates to fill the seats in the Central
> Electoral Commission which are vacant since the expiry of the mandate of
the
> former incumbents.
>
>
>
> 15. In the light of the above findings, the Assembly calls upon the
> Secretary General of the Council of Europe to urgently appoint a Special
> Representative in Ukraine whose mandate should be to follow current
> political developments in Ukraine, to provide advice and Council of Europe
> expertise if and when needed and generally to enhance and co-ordinate the
> ongoing co-operation with Ukrainian authorities.
>
>
>
> 16. It also considers that the activities relating to the Council
of
> Europe media action plan agreed with Ukraine should be stepped up in order
> to achieve a noticeable improvement of the general framework in which
media
> operate and to promote substantial changes in the media culture in view of
> the forthcoming election campaign.
>
>
>
> 17. The Assembly is also concerned about the recent events in the
> town of Mukachevo concerning elections of the mayor and urges to resolve
> this problem in accordance with the legislation of Ukraine. The Assembly
> recommends that the Congress of Local and Regional Authorities of the
> Council of Europe undertake the monitoring mission over the future
elections
> of mayor in the town of Mukachevo aiming at free and impartial elections.
>
>
>
> 18. The Assembly is of the opinion that the recent infringements of
> the voting procedures in the Verkhovna Rada violate Ukraine's obligations
> under Article 3 of the Statute of the Council of Europe. If any further
> attempts should be made to push through political reforms by amending the
> Constitution in a manner which is not prescribed by law and by
> unconstitutional means, or if Ukraine should fail to guarantee free and
fair
> elections on 31 October 2004, the Assembly may decide to challenge the
> credentials of the Ukrainian Delegation in accordance with Rule 9 of the
> Assembly's Rules of Procedure and subsequently may decide to request the
> Committee of Ministers to suspend the membership of Ukraine in the Council
> of Europe in accordance with Article 8 of the Statute of the Council of
> Europe.
>
>
>
> 19. The Assembly will continue to closely follow the developments
in
> Ukraine and stands ready to contribute to an effective dialogue between
the
> political forces represented in the Verkhovna Rada.
>
>
>
> [1] Assembly debate on 29 January 2004 (7th sitting) (see Doc.10058,
report
> of the Committee on the Honouring of Obligations and Commitments by Member
> States of the Council of Europe (Monitoring Committee), Co-Rapporteurs:
Mrs
> Severinsen and Mrs Wohlwend). Text adopted by the Assembly on 29 January
> 2004 (7th Sitting) . (END)
>
>
>
> NOTE: REPORT OF THE MONITORING COMMITTEE:
>
> To read a copy of the entire Report (Doc. 10058, 27 January 2004) of the
> Committee on the Honouring of Obligations and Commitments by Member States
> of the Council of Europe (Monitoring Committee) Rapporteurs: Mrs Hanne
> Severinsen, Denmark, Liberal, Democratic and Reformers' Group, and Mrs
> Renate Wohlwend, Liechtenstein, Group of the European People's Party and
the
> draft resolution click on:
>
http://assembly.coe.int/Main.asp?link=http://assembly.coe.int/Documents/Work
>
<http://assembly.coe.int/Main.asp?link=http://assembly.coe.int/Documents/Wor
> k>
>
> ingDocs/doc04/EDOC10058.htm (paste link together)
>
>
>
> NOTE: FINAL ADOPTED RESOLUTION :
>
> The link to the final resolution [shown above] that was adopted is:
>
http://assembly.coe.int/Main.asp?link=http%3A%2F%2Fassembly.coe.int%2FDocume
>
<http://assembly.coe.int/Main.asp?link=http%3A%2F%2Fassembly.coe.int%2FDocum
> e>
>
> nts%2FAdoptedText%2FTA04%2FERES1364.htm (paste link together). >
>
>
>
> * http://www.csce.gov/helsinki.cfm <http://www.csce.gov/helsinki.cfm>
> ; link to Congressional Record statement:
> http://www.csce.gov/crs_display.cfm?crs_id=210
> <http://www.csce.gov/crs_display.cfm?crs_id=210>
>
>