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Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty
Henry M. Robert

COUNCIL OF EUROPE AND UKRAINE: CAUTIOUS OPTIMISM

22 February, 2000 - 00:00

“We are very much worried about the situation surrounding the Ukrainian referendum,” Hanne Severinsen, Parliamentary Assembly of the Council of Europe (PACE) emissary, told The Day on the eve of her visit to Kyiv. Ukraine obviously became complaisant too early after its Constitutional Court ruled that capital punishment contradicts this country’s Constitution. The Council of Europe (CE) would like to see new changes in the country’s legislation regarding freedom of the press. The CE is not happy about the news of the Verkhovna Rada split. All this will constitute the basis of a new PACE report to be heard in June. As Ms. Severinsen stresses, Ukraine still has time to show it has understood the CE standpoint.

The referendum, Ms. Severinsen thinks, is very dangerous in that Ukraine may take an “erroneous road” after it, i.e., the road from, not toward, democracy. This will happen if governors, of whom the upper house of Parliament will be comprised, are appointed by the President rather than elected by the people. The CE emissary hopes to discuss this matter with Leonid Kuchma (this meeting was not yet confirmed on the eve of the monitoring commission starting its work in Ukraine — Author). So far the Council of Europe calls on the Ukrainian authorities not to speed up developments related to the referendum until they receive an official answer from the CE Venice Commission. This commission is to thoroughly study whether the referendum idea and questions comply with the Constitution. It is expected to give answer on April 1, two weeks before the planned referendum.

We must admit the Council of Europe accepted the news about the Verkhovna Rada face-off rather quietly, although without any special pleasure. Ms. Severinsen explained this by the fact that the majority has, of course, the right to elect the Speaker. But, while doing so, it should be also prepared to give something to the minority (incidentally, Ms. Severinsen is an opposition member in the Danish Parliament — Author). In her words, parliamentary dignitaries still have a fortnight to solve their problems and avert the dissolution of Parliament, and she does not believe it impossible to reach a settlement. What is necessary is to find a good intermediary. She personally approves the formation of parliamentary majority and the appointment of Viktor Yushchenko as Premier. However, all this does not mean that the CE is satisfied: the Ukrainian parliamentary situation is not enhancing Ukraine’s image.

There is also a number of other problems. Ms. Severinsen, for example, wants to know about the course of investigation into the gross violations of law during the presidential elections, particularly, in the Donbas coal-mining region. These elections will also be reflected in the CE report. The CE emissary is also interested in changes in the anti-corruption situation, an issue she will discuss with National Security and Defense Council Secretary Yevhen Marchuk.

Freedom of the press is also a standing item on the agenda. Now Ms. Severinsen has concluded that after the elections the press looks somewhat freer. But she feels that problems still remain.

Assessing the Ukrainian situation as a whole, Ms. Severinsen noted: it can be described as worsening if, of course, Ukraine fails to solve its problems relating to Parliament and the referendum. Nobody can say now what kind of wording the CE conclusion (or verdict) will have during the June hearing on the Ukrainian question, so the Kyiv - Strasbourg soap opera is still running.

But Ms. Severinsen herself is quite optimistic and benevolent about Ukrainian prospects. She thinks Kyiv might very well apply for EU membership when it fulfills all CE democracy and human rights standards and straightens out its economy.

Copenhagen

By Viktor ZAMYATIN, The Day
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