Guenter Nooke, German Federal Government Commissioner for Human Rights Policy and Humanitarian Aid, represented the Federated Republic of Germany at the Babyn Yar memorial ceremony recently held in Kyiv. The German ombudsman, who has occupied this office since March 8, 2006, took this opportunity to hold talks with Ukrainian MPs and officials in charge of human rights watch in Ukraine.
A German bureaucrat born and raised in former East Germany, he has an excellent understanding of human rights. In 1987 he joined an opposition group and two years later became a member of the democratic movement that brought down the Berlin Wall. He was a member of the Brandenburg Landtag from 1990 to 1994 and has been a member of the Bundestag (Christian-Democratic Union) since 1998. Nooke, in the role of ombudsman, visited Belarus immediately after this year’s presidential elections. He also made a trip to Uzbekistan.
In the following interview with The Day, the German commissioner for human rights and humanitarian aid assessed the state of human rights and freedom of speech in Ukraine. He notes that the resolution of such problems as the Gongadze case is a hallmark of a state ruled by law.
“If we look at it from the population’s viewpoint, Germany was following the Orange Revolution in Ukraine with great friendliness. We have also been keeping a close watch on developments in Ukraine during the past 18 months. Germany welcomes the concepts that laid the groundwork for a state ruled by law as well as Ukraine’s recognition of the foundations of the European Convention on Human Rights. Germany is going to support this. We can see that considerable progress has been achieved lately in the observance of human rights in Ukraine. We can also see that the question of human rights in your country is closely tied to such questions as rule-of-law state and the performance of the judicial and overall legal system.”
“Are you worried that with the Yanukovych government’s rise to power the situation with human rights and fundamental freedoms in Ukraine may deteriorate?”
“I do not think that there can be a reverse development. This was also confirmed during our discussions with representatives of various non-governmental organizations. It is important, however, not only to draw up concepts and bills but also concentrate efforts on implementing these documents. So when Prime Minister Yanukovych says he wants to move toward Europe, he should adhere to European standards. Europe also expects Yulia Tymoshenko to care about the continuation of this Europe-bound course when she forms the opposition. It is also important to make sure that people trust the fundamentals of a rule-of- law state and that corruption is not considered a normal phenomenon. In this connection, I would like to note that it is not a question of a government writing some texts but above all of the application of a certain legal practice and the change of legal mentality. If we look at your professional field, we see the unsolved Gongadze case. My impression is that there has been very little progress in this affair. It is important that such cases be resolved, for this is the hallmark of a rule-of-law state.”
“Now that you’ve talked to Ukrainian officials, are you sure that Ukraine has the will to introduce the principles of a rule-of-law state?”
“Indeed, I got this impression during my discussions with Ukrainian officials. When I met the justice minister, I had an opportunity to see that there is a great desire to follow the principles of a rule-of-law state. But I must note here that it is not just a question of official actions but also the fact that people too should strive to defend their hard-won freedoms. It is important for people to want to uphold the principles of a rule-of-law state. When I hear that the populace has a tolerant view of corruption, I want to ask each and every person: what contribution are you making to this? It is obvious that everyone should start with themselves and initiate these changes without waiting for somebody else — the government, etc., — to do this. Although I am aware that this may sound somewhat idealistic and alienated from reality, I will still say that the crux of the matter is that the journalists and judges who are taking a courageous stand, as well as every individual who knows and exercises his rights, should also be protected. They should not end up among those who experience repressions. They should not be afraid of any reprisals for their conduct. Otherwise, this will create the impression that no serious changes are taking place.”
“In your opinion, how viable is the institution of Ukrainian human rights commissioner?”
“Although I spoke to members of the Parliamentary Committee on Human Rights, I did not, unfortunately, have a chance to meet the representatives of the ombudsman. All I can say is that this is a very important institution, and its performance should be measured by the way it carries out its activities and the extent to which the latter meet the criteria of a rule-of-law state.
“This institution is important if only because people officially turn to the ombudsman. This public nature in itself can be said to guarantee protection for those who turn for assistance to the human rights commissioner.”
“To what extent does Ukrainian human rights legislation meet European criteria?”
“I noticed that all the people that I talked to are aware of the need to strive for European standards. I see no problems in this respect. Obviously, the question is how to put this aspiration into practice so that judges and lawyers will work for the benefit of every individual.
“Of course, one can reflect on whether it would be worth introducing the procedure of individual complaints submitted to the Constitutional Court. These are just details, but in my view, the main thing is that people should understand that it is worthwhile going to court.”
“What elements of Germany’s experience could Ukraine use in order to strengthen human rights in our country? Is Ukraine interested in this experience?”
“The experience of Germany, especially of the former GDR, says that you have to be prepared for the long haul. It is also important for the people in charge to move in the right direction.
“Ukraine clearly favors the introduction of European standards. This can be illustrated by Ukraine’s accession to the Council of Europe in 1995, and the ratification of the Convention on Human Rights and the Agreement on Individual Rights. All this is an indicator of interest in, among other things, the German legal tradition. Justice Minister Roman Zvarych also said he expects concrete support in various fields. To sum up, I can say that Ukraine is showing an interest not only in how to maintain standards but also in how to borrow them effectively. Were it not so, German experts would not have been invited to help reform the administrative and constitutional law.”
“It is now common practice in Ukraine to sue our country in the European Court. Have there been any instances of German citizens turning to this court to complain about their own state?”
“Yes, German citizens also appeal to the European Court of Human Rights. This court has dismissed many of these suits. Since Nov. 1, 1998, the European Court has accepted 173 complaints from German citizens. As of 2005, 27 grievances were processed but infringements were found only in 10 cases. Thus, we see here the European Court’s criticism of Germany. But I must admit that this kind of criticism of certain states is always constructive because these court rulings always prescribe some corrections.”
“Many Ukrainians have also won cases against Ukraine in the European Court. What does this prove? The shoddy work of Ukrainian courts, shortcomings in the law, or its application?”
“I do not think we should underrate the role of national courts. But in introducing such institutions as the Council of Europe and the Strasbourg-based European Court of Human Rights, we offered additional instruments for monitoring the enforcement of European Convention requirements. Therefore, the question of integration into Europe should not be reduced to membership in the European Union alone. It is equally important to adhere to European human rights standards, which should be regarded as a contribution to overall European integration and human rights standardization.”
“To sum up, how would you rank Ukraine as far as human rights are concerned? Would it be among the top 50 or 100?”
“I think that, first of all, this ranking is impossible now. Second, the German side should not engage in such matters as assigning somebody a place in the human rights sphere. On the other hand, I would be very glad if Ukraine chose to support the European Union’s initiatives at the Geneva-based UN Human Rights Council. Ukraine has a full-fledged right to vote there. As part of the Eastern European group, it could use its influence to change the human rights situation in one country or another, for example, in Russia.”
