Ukrainian American Bar Association's fall meeting focuses on CBS controversy (01/01/95)

Ukrainian American Bar Association's fall meeting focuses on CBS controversy

WASHINGTON - The Ukrainian American Bar Association held its annual fall meeting during the weekend of December 9-11, 1994, at the J.W. Marriott Hotel in Washington.

UABA President Walter M. Lupan opened the Saturday morning session, which began with several organizational reports, as well as a report on the Second World Congress of Ukrainian Lawyers that took place in Kyyiv in October 1994.

The American representative to the International Organizing Committee, UABA Vice-President Orest Jejna, reported that the Second World Congress of Ukrainian Lawyers was an unprecedented event, which also saw the opening of the legal year in Ukraine. The beginning of the legal year in Ukraine was commemorated by a liturgy in St. Sophia Cathedral that was attended by President Leonid Kuchma and some 100 lawyers and jurists from throughout the world.

Mr. Jejna also reported that the World Congress of Ukrainian Lawyers elected a new president, Volodymyr Stretovych, a member of the Ukrainian Parliament and chairman of the Committee on Legal Policy and Law Reform. Among Mr. Stretovych's objectives as president of the World Congress of Ukrainian Lawyers are: publishing a directory of law firms that practice in Kyyiv, selecting candidates for internships abroad, and developing a code of ethics for government workers in Ukraine.

The next World Congress of Ukrainian Lawyers is scheduled to take place in 1996.

Participants in the morning session also heard from two members of the Ukrainian judiciary, Dmytro Prytyka and Yuriy Levandovsky. Judge Prytyka is chief judge of the Ukrainian Arbitrage Court in Kyyiv, the highest economics court adjudicating commercial issues for business entities. Judge Levandovsky is chief judge of the Arbitrage Court in the Ternopil Oblast.

Both judges informed the audience about the general organizational structure of the Ukrainian judiciary, as well as some of the intrinsic merits of the Ukrainian judiciary system currently in existence. They conceded, however, that judicial reform efforts in Ukraine continue at a slower than desired pace in light of fiscal and political limitations.

The meeting also heard from Bohdan Futey of the U.S. Court of Claims. Judge Futey spoke about the Constitutional Committee of Ukraine that is currently working on the latest draft of the proposed Ukrainian Constitution. The 41-person committee consists of Ukrainian judges, and political and government leaders.

Judge Futey noted that one of the primary difficulties in formulating a Constitution at this stage of Ukraine's political and legal development is the lack of a political consensus as to the type of government Ukraine will have, a presidential republic or parliamentary system. While the latest draft of the Ukrainian Constitution provides for numerous "positive" rights, such as the right to work, education and a safe environment, Judge Futey noted the severe potential problems of actually enforcing such positive rights.

Saturday's afternoon session began with a viewing of the controversial "60 Minutes" segment, "The Ugly Face of Freedom." Following the viewing of the CBS report, the audience heard a panel discussion titled "Journalistic Responsibility: A Case Study of CBS's '60 Minutes' 'The Ugly Face of Freedom.' " The panel was moderated by UABA member Nestor Olesnycky, and included UABA members Arthur Belendiuk, Olha Rybakoff and Bohdan Vitvitsky. Additional contributors to the panel discussion included UABA Treasurer Bohdanna Pochoday and Volodymyr Vysotsky, an attorney from Toronto.

After the viewing of the program, Mr. Olesnycky began the panel discussion by informing the audience that shortly after the initial broadcast of the program on October 23, the Ukrainian National Association reactivated the Ukrainian Heritage Defense Committee. The UHDC has an open invitation for all Ukrainian organizations throughout the United States to join the committee, the purpose of which is to formulate a strategy to firmly deal with the issues raised in the program, as well as similar incidents that are anticipated in the future. Mr. Olesnycky went on to inform the audience of meetings that took place between representatives of the Ukrainian American community and CBS, and the total lack of responsiveness on the part of CBS. As Mr. Olesnycky put it, "CBS informed us that it stands by its story."

Ms. Rybakoff then spoke about her experience as one of the several attorneys who brought suit in 1987 on behalf of the Delaware Chapter of the Ukrainian Congress Committee Inc. against CBS in connection with its portrayal of Ukrainians in the April 12, 1987, presentation of "Escape from Sobibor." She stressed that the primary problem with the case was that standing became a central issue, as there was no proper plaintiff on whose behalf the lawsuit could or should have been brought.

She pointed out that not only was the suit dismissed by the court, but that CBS also sought sanctions against the UCCA and the attorneys who brought the lawsuit, which fortunately were denied by the court. In dismissing the Sobibor lawsuit, the court found that the case involved an organization formed to litigate the special interests of a broad, indefinite class of citizens. The organization had no formal members and did not legally exist at the time of the activity alleged to injure its members. Accordingly, the court concluded that the plaintiff, the Delaware Chapter of the Ukrainian Congress Committee Inc., failed to clearly "allege facts demonstrating that it is a proper party to invoke judicial resolution of the dispute and the exercise of the court's remedial powers."

Mr. Vitvitsky in his presentation addressed what he viewed to be the "creative editing," historical inaccuracies, and quotes and pictures "totally out of context within the '60 Minutes' broadcast." He questioned whether this program was journalism at all and whether there are any standards to which consumers can hold the media. Mr. Vitvitsky noted that the recent "60 Minutes" report is not an isolated incident but a continuous pattern of attacks by the media against Ukrainians, as demonstrated by the 1968 NBC miniseries "Holocaust," CBS's 1987 broadcast of "Escape from Sobibor," then most recently this CBS broadcast of the "The Ugly Face of Freedom."

Previously, such episodes saw the Ukrainian American community demonstrate an ostrich-like attitude, hoping that the issues would quietly go away. This time, the "60 Minutes" program provoked the Ukrainian American community into a concerted effort to react, which Mr. Vitvitsky said he views as a positive and necessary response.

Mr. Belendiuk, an expert in communications law, characterized CBS as a creature of "fear and greed." He pointed out that CBS operates by the grace of the federal government and relies upon its advertisers. Working from that premise, he gave a pointed overview to the audience of what could be done by the Ukrainian American community to get the attention of CBS in this matter. Only then might it lead to a constructive dialogue and perhaps mitigate the possibility of another such attack on Ukrainians in the future. He also offered specific strategies that could be pursued by the Ukrainian community.

Ms. Pochoday informed the audience that the UABA has formed a committee to investigate potential legal and other actions in response to the "60 Minutes" broadcast. She noted the various actions in which the UABA and its members could participate, and encouraged Ukrainian American lawyers to take the initiative in their respective communities.

Finally, Mr. Vysotsky spoke to the audience regarding the Canadian efforts to date in response to the "60 Minutes" broadcast. He also discussed the Canadian desire to form a North American liaison to exchange information in this regard and to possibly coordinate the efforts of Ukrainians in the United States and in Canada.

It also should be noted that the United States Information Agency television program, "Windows on America," videotaped a portion of the UABA meeting on the "60 Minutes" piece for future broadcast in Ukraine.

The UABA meeting concluded with an evening banquet, the keynote speaker at which was Dr. Yuriy Shcherbak, ambassador of Ukraine to the United States. Also, members of the Ukrainian diplomatic corps were guests at the UABA banquet, including Volodymyr K. Zabihailo, counselor for political and legal affairs; Col. Ihor Smeshko, Ukraine's military attache to the United States: Ihor Chieszniak, first secretary and assistant to the ambassador; Dmytro Markov, counselor for press affairs; and Evhen Korniychuk, consul with Ukraine's Consulate General in New York.

UABA President Lupan opened the official portion of the banquet, welcoming the distinguished guests in attendance, gave a brief overview of the UABA activities since its organization in 1977, and introduced the guest speaker, Ambassador Shcherbak, and his wife, Maria. Ambassador Shcherbak gave a cogent presentation outlining the activities of the Ukrainian Embassy in Washington since his appointment one month ago.

He said he views these activities as having global and historical importance, particularly in light of the state visit of President Leonid Kuchma to the United States and his meetings with President Bill Clinton and other high American government officials. He stated that these discussions were constructive and successful, and culminated in the execution of 14 important agreements, including the Ukrainian American Partnership Agreement for Friendship and Cooperation.

Ambassador Shcherbak noted that both countries agreed that the independence, sovereignty and territorial integrity of Ukraine are of fundamental importance for the partnership between the United States and Ukraine. He went on to say that in response to Ukraine's efforts to implement its economic reforms, the United States has committed itself to financial and political support to that end. In light of Ukraine's ratification of the START I agreement, on December 5, 1994, the United States, Russia, Great Britain, France and China executed documents in Budapest providing assurances of Ukraine's security.

Ambassador Shcherbak also discussed Ukraine's continued need for input from lawyers - both those in Ukraine, as well as those in the diaspora.

He expressed gratitude for all the pro-bono assistance that Ukrainian American lawyers have given to date and anticipated their continued support. He noted that the radical economic reforms proposed by President Kuchma will require a legal foundation. Accordingly, there are over 180 statutory projects to be considered by the Ukrainian Parliament, all of which will require input from the international legal community.

Ambassador Shcherbak also stated that President Kuchma initiated a proposal for the adoption of a Constitution addressing the distribution of governmental functions in Ukraine, delineating the functions of the legislative, judicial and executive branches, as is the case in the United States. That is to say, a Constitution that would not have the current inconsistencies and contradictions that lead to anarchy in government and legal nihilism.

In conclusion, Ambassador Shcherbak presented as a gift to the Ukrainian American Bar Association a copy of the first Constitution of Ukraine drafted in 1710 by Hetman Pylyp Orlyk. He wished the members of the UABA success in their future endeavors.

The UABA fall conference concluded with a meeting of its officers and board of governors on Sunday morning, where it was decided that its next meeting would be in the spring in Philadelphia.

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