EDITORIAL: Constitutional reform, or constitutional shenanigans? (07/04/04)

EDITORIAL

Constitutional reform, or constitutional shenanigans?

So, the powers in Ukraine are at it again: they're trying to push through constitutional reform in the run up to Ukraine's presidential elections this October.

Why is this significant? Because the Ukrainian authorities' attempts to make major changes to the Constitution as Ukraine heads for its fourth presidential election since its re-established independence in 1991 have already been criticized by many Western observers, including the Parliamentary Assembly of the Council of Europe. In addition, there has been criticism of the manner in which this reform is being impelled both through the Parliament and the Constitutional Court, which has issued rulings that support questionable parliamentary machinations. (We refer readers to our colleague Roman Woronowycz's news story of April 11, plus his story on the front page of this issue.)

Rapporteurs of PACE have noted in the past that the timing of the constitutional reform is "inappropriate and dangerous, and therefore unacceptable," adding that "all current discussions are influenced by the pre-election power struggle and can therefore not be unbiased." The rapporteurs further stated: "The constitutional reform should be postponed until after presidential election of October 31, 2004, and then be properly discussed through open and public debate ... Furthermore, the constitutional reform can only be credible through a strict and unconditional adherence to the provisions of the Constitution of Ukraine."

Now the Monitoring Committee of the Parliamentary Assembly of the Council of Europe has expressed "great concern." In a statement issued on June 22, the committee says that, though constitutional reform "is in principle highly needed," it should be "conducted in a democratic and transparent manner, in strict compliance with the existing Constitution and taking into account the advice of the Venice Commission" [which reviews constitutional changes of member-states of the Council of Europe]. Furthermore, it warns Ukraine that its status as a member of the Council of Europe could be questioned if it engages in unconstitutional acts or fails to carry out free and fair presidential elections.

National Deputy Borys Oliinyk, who heads Ukraine's delegation to the PACE, said assembly members were "shocked" by the latest attempt to propel constitutional reform - a June 23 vote that resurrected the matter in the Verkhovna Rada despite the fact that Ukraine's Constitution specifies that once an amendment is defeated by the Parliament it can be revisited only in its next convocation (which means it could only have been raised anew in the fall).

At this point, we can only conclude that these attempts at constitutional reform clearly are not for the benefit of the people of Ukraine. In fact, they are constitutional shenanigans whose goal is simply to preserve the status quo and guarantee the power and influence of a certain group (read: the presidential administration and its oligarch cohorts) in Ukraine.

It's no wonder, then, that tent city protesters in Kyiv are now demanding: "Change the state leadership, not the Constitution."

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