PACE monitors caution Kyiv on constitutional reform process (01/25/04)

PACE monitors caution Kyiv on constitutional reform process

by Roman Woronowycz
Kyiv Press Bureau

KYIV - Council of Europe representatives responsible for monitoring Ukraine's movement towards democracy warned on January 20 of a looming constitutional crisis in the country and did not rule out the leveling of sanctions by the quasi-governmental European human rights organization should specific political forces use constitutionally unauthorized means to push through political reforms.

At the conclusion of an unscheduled visit to Ukraine to review the political conflict that has developed over the upcoming presidential elections and the effort to have the Verkhovna Rada take the right of direct popular election of the president upon itself, the two representatives expressed serious concern regarding the manner in which the constitutional change process undertaken by the pro-presidential majority in the Parliament had moved forward thus far.

Hanne Severinsen, rapporteur for the Parliamentary Assembly of the Council of Europe (PACE), said during a press conference that after the events of the last month, including a procedurally questionable hand vote in the Parliament to change the Constitution of Ukraine as well as several Constitutional Court rulings - one allowing President Leonid Kuchma to run for a third term even while the Constitution limits a state leader to two terms - Ukraine was in political crisis.

"It would be good to avoid [reaching the stage] where the political system as such is discredited," explained Ms. Severinsen. "Ordinary people think what is going on in the Parliament is not in the interest of the people."

Ms. Severinsen, who explained that her remarks were preliminary assessments of what would become a formal report to the Parliamentary Assembly of the Council of Europe, said she questioned whether it was acceptable to initiate constitutional changes just 10 months before major elections. The PACE rapporteur also noted that constitutional changes should not be undertaken "like you change your shirt," and said she was disturbed by the lack of deliberateness in the process. She also said that she had serious reservations regarding the independence of the Constitutional Court after it unexpectedly - and to many unconvincingly - handed down the ruling allowing President Kuchma an exception to a third term in office.

Ms. Severinsen explained that her hope was that sanctions by European countries could be avoided if a proper dialogue developed between the political groups within Ukraine during which a proper procedure for constitutional change could be agreed upon.

Ms. Severinsen noted that, while not yet publicly confirmed, she believed the looming constitutional crisis in Ukraine would now be on the agenda of the quarterly meeting of the Council of Europe scheduled for January 27.

Ms. Severinsen's colleague, PACE rapporteur Renate Wohlwend, explained that the PACE Ukraine Monitoring Group, which the two women head, was not looking to criticize Ukraine or to discriminate against the country, as many in Ukraine liked to charge.

"Some people get the feeling that the representatives of European institutions come here to teach you, but in fact the reason is to maintain a dialogue. Maybe that dialogue needs to be deepened," said Ms. Wohlwend.

Later in the day, President Kuchma responded bluntly to the assessments made by the two rapporteurs, stating that no self-respecting country could accept the threats made by the PACE representatives, especially since they had not been eyewitnesses to the events that had taken place recently. He added that the Council of Europe needed Ukraine as much as Ukraine needed the council.

"There is no need to make inappropriate ultimatums. There is no need to behave like our opposition force," Mr. Kuchma said in a publicly issued statement, in which he also assured the council that peace and democracy continue to exist in the country.

On December 24, 2003, the Verkhovna Rada had approved - officially with 286 votes in support - a legislative proposal that would change the Ukrainian Constitution to allow the Parliament to elect the next state leader, who in accordance with the current constitution is elected by direct popular vote. The parliamentary vote proceeded with a show of hands after factions in the minority opposition - mainly members of the Our Ukraine and Yulia Tymoshenko factions - had successfully blocked the work of the Verkhovna Rada for several days to halt the effort. The opposition has claimed that constitutional amendments are being forced upon the nation to ensure that the current ruling elite retains its grip on power.

In order to successfully amend the Constitution of Ukraine the majority needed to get an initial bill in support of the political reforms passed before the winter session of the Parliament ended, which happened on January 15. The minority continues to allege that the vote was illegal because the draft laws were neither formally introduced with a reading nor debated before the vote was taken. They also assert that some lawmakers voted with both hands and that more votes were counted than the number of national deputies registered in the session hall.

To finish the process of constitutional change, the majority now needs a second successful vote in which two-thirds of the lawmakers express support for the changes, which would have to occur during the upcoming spring session in order for the amendments to become effective for the October 31 presidential vote.

Speaking during a press conference the day after PACE issued its preliminary assessment, Viktor Yushchenko, leader of Our Ukraine and a presidential favorite in 2004, said Ukraine is heading towards a situation in which the people could be forced to the streets to take back their country.

"When we talk of things we dearly value, we must also mention to what extent we are ready to defend them," explained Mr. Yushchenko. "Looking at all that has happened recently, I cannot exclude that a coup d'état is taking place. I believe that adequate measures must be taken in response."

However, the leader of Our Ukraine added that he believed "political and diplomatic means and Ukrainian parliamentarism have not been exhausted." Referring to the PACE assessment and remarks by U.S. Ambassador John Herbst, which questioned the way in which constitutional reform had begun in Ukraine, Mr. Yushchenko said he believed that international institutions would also bring pressure to bear on the current state authorities and that the effort to ramrod political reform through the Verkhovna Rada would die.

Mr. Yushchenko said he was ready to continue negotiations concerning meaningful and legitimate political reform, but only if this was in the interest of the nation and done in a deliberate and transparent manner. He said the first step to the renewal of dialogue must be to void the bill passed on December 24, 2003.

He underscored, however, that he believed his primary responsibility would remain to assure that democratic values and norms continue to develop in Ukraine

"For me, the best way to guarantee democracy in Ukraine is to hold transparent, fair and free popular elections, without Kuchma involved," stated Mr. Yushchenko.

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