Last week, President of Ukraine Petro Poroshenko made a long-awaited step for Ukrainian diplomacy and introduced the bill “On the Diplomatic Service” to the Verkhovna Rada of Ukraine for urgent consideration.
The head of state emphasized in a Facebook statement that passing this law was no less important than creating a defense strategy, approving the Strategic Defense Bulletin and reforming the military. “This is also our military, but fighting on the other front – the front of foreign policy, which allows us to keep the coalition united in support of Ukraine, extend sanctions, and keep the country on the course of reforms that bring us closer to Europe,” he wrote.
Foreign Minister Pavlo Klimkin also reacted to the news about the bill having been introduced for consideration by the Verkhovna Rada and wrote on Twitter: “We will work with the MPs so that it will receive unanimous support, or approach that... This is the path to the future, to a European-modeled diplomatic service all over.”
According to the Presidential Administration, the bill defines the legal status of citizens and legal entities of Ukraine abroad, the specifics of the activities of the diplomatic service, the procedure for entering the diplomatic service, service regulations and the procedure for terminating one’s service, and regulates the issues of remuneration and social guarantees for employees. In addition, according to the document, rotation will become a prerequisite for continuing the diplomatic service.
The explanatory note to the bill states that 62.6 million hryvnias of additional spending will be required for its implementation.
Meanwhile, the Ukrainian Ministry of Foreign Affairs (MFA) has released the concept of the bill on its website. It notes that reforming Ukrainian diplomacy is necessary for the transition from the post-Soviet system of the diplomatic service to a European-modeled diplomatic service, since the bill is based on the experience of the EU and the US. In particular, the concept says that diplomats will be delegated more powers, become subject to dismissal for a one-time major breach of official duties, and will have to work 24 hours a day seven days a week to protect the rights of Ukrainian citizens.
Let us recall that the current Law “On the Diplomatic Service” was adopted in 2001 during the presidency of Leonid Kuchma. Meanwhile, chairperson of the Verkhovna Rada Committee on Foreign Affairs Hanna Hopko has repeatedly stressed the need for the adoption of a new law on diplomatic service and the introduction to it of a provision requiring consent of the committee before appointing ambassadors.
The Day asked Ukrainian experts, including former and current diplomats, to offer a more detailed analysis and evaluation of the bill “On the Diplomatic Service.”
“The proposed law creates opportunities for the diplomatic service to become more flexible and professional. It is important to make a number of clarifications regarding the service regulations,” said Dmytro Kuleba, the Permanent Representative of Ukraine to the Council of Europe.
Former Deputy Prime Minister and Foreign Minister of Ukraine Kostiantyn Hryshchenko stressed in a comment for The Day that the bill was quite well-drafted and would enable the government, in case of its full implementation, to significantly improve the efficiency of the diplomatic service.
“The only glaring flaw is a failure to abolish the 2003 presidential decree on the role of the Presidential Administration in appointing to diplomatic postings at the MFA and abroad.
These functions should be left exclusively to the president and exercised when appointing ambassadors,” our interlocutor added.
“...THE DEBATE TOOK ALMOST TWO YEARS”
Hanna HOPKO, the chairperson of the Committee on Foreign Affairs of the Verkhovna Rada of Ukraine:
“It is very important that as we approach the centennial of the establishment of the diplomatic service in Ukraine, the MFA, the president, and the Ukrainian parliament have the opportunity to consider and, I hope, adopt the Law ‘On Diplomatic Service.’
“The debate over the wording of the bill took almost two years, there were several versions considered. If we look at the version registered as an urgent bill, we clearly see the president’s intention to specify the diplomatic service regulations, the functions of diplomats, rotation, diplomatic ranks, social security guarantees, and the procedure for terminating one’s diplomatic service. This is important, given that we have a law on the civil service that came into force in 2015. We will harmonize the diplomatic service with what was established in the law on civil service. It will have a somewhat clearer classification concerning the bestowing and deprivation of diplomatic ranks as well as provisions for social lifts of sorts and compensatory payments.
“It is important to note that since we were aware how poorly funded our diplomats were, the committee began campaigning for better funding back in 2015. Some 300 million hryvnias of additional spending were provided for 2016, and almost a billion for 2017. The diplomatic front and funding for it are just as important as the military one.
“Now to what is missing from the bill. As far back as 2015, the Committee on Foreign Affairs introduced amendments to Article 13 of the Law ‘On the Diplomatic Service,’ where we, in particular, stated the need for consultations on the approval of candidates for appointment to the positions of heads of diplomatic missions with the relevant committee of the legislature. This is a well-established international practice, and it was reflected in the 2001 Law of Ukraine ‘On the Diplomatic Service.’ For example, in the US, the Senate confirms ambassadors, and only then the president appoints the candidates.
“During the preparation and adoption of the updated Law ‘On the Diplomatic Service’ in 2011, then-President Viktor Yanukovych succeeded in deleting the norm that required consulting with the relevant committee regarding the approval of candidates and appointment to the positions of heads of diplomatic missions of Ukraine.
“Therefore, since 2015, we have been trying to reinstate this norm both through separate bills and during all the meetings in the working group headed by twice Minister of Foreign Affairs Borys Tarasiuk. This is an absolutely normal practice. And it is quite logical in a parliamentary-presidential republic, because it will facilitate the implementation of the control function by the committee and the establishment of cooperation between the committee and the MFA. Many ambassadors have volunteered to come to the committee already when they were appointed to their posts but before moving to another country, and requested us to help them perform their functions during inter-parliamentary visits. Therefore, parliamentary control is an important institution of global parliamentarism.
“The committee plans to consider the bill in the next few weeks. So far, we have written letters to relevant ministries asking them to provide feedback, visions, suggestions, and evaluations.
“Another very important norm is absent from this bill, but we have discussed it with the MFA: we need the Law ‘On Foreign Economic Activity’ to clarify all the issues regarding trade missions and responsibility of the Ministry of Economy and Trade and the MFA for conducting economic activity, which effectively amounts to the economization of foreign policy. This will have to be worked out in the future.”
In your opinion, will the bill pass and what should be done in order to secure the support of legislators?
“First, it needs to be considered by the relevant committee as people will be making suggestions. There may be amendments proposed as well, for example, to reinstate the provision on preliminary advisory consultations regarding the approval of candidates for the appointment as heads of diplomatic missions of Ukraine, given the fact that many members of the committee have insisted on this. This is something that can become one of the most controversial issues.
“Rotation is an important issue too. For example, our ambassador at the Vatican has been in office for nine years. Therefore, it is good to see the imperative rotation being introduced. No ambassador should stay in one country for so many years, since it makes them divorced from realities in Ukraine and lacking an understanding what nation they represent.
“I think that the president should simply carry out his duties with or without a new law ‘On the Diplomatic Service.’ The president should appoint ambassadors and not delay it like he has done over the past three years of his presidency, when we saw how long-delayed was Vadym Prystaiko’s appointment as Ambassador of Ukraine to NATO. This is despite the course for NATO membership being a priority of this country’s foreign policy.
“In addition, there will be a major reform conference in Denmark next year, aiming to support the reform cause in Ukraine, and its previous iteration was held in London this summer. We have learned that there is still no ambassador in Denmark, although the Danes, together with Canadians and Britons, are already actively preparing this conference, which will allow Ukraine to talk about reforms and obstacles we face. And we still do not have an ambassador there.
“Similarly, there are not enough deputy ministers. While we are facing external aggression, there are only two deputy foreign ministers. This is totally unacceptable. The fault here lies not with this law, but with the president being unable to find time and finally approve people as important deputies. Currently, deputy minister Lana Zerkal represents Ukraine in international court proceedings, while Serhii Kyslytsia deals with international organizations. At a minimum, we need two or three more deputies in the MFA.”
“THE STATE SECRETARY WILL HAVE A COMPLETELY DIFFERENT ROLE”
Volodymyr OHRYZKO, a former Minister of Foreign Affairs of Ukraine:
“I think it is timely. A lot of time has passed, a lot has changed in and around the diplomatic service since the adoption of the current version of the law. What is now offered in the new version of the law is a set of novelties. If it is adopted in this wording, it will take into account a number of initiatives of the MFA and not only it, because a working group was formed which included both representatives of the parliament and public activists and experts, specialists from other departments. That is, this was a collective work which was then transferred to the Presidential Administration, and the president introduced it as his proposal. I think that if the parliament makes such a step, this will be important also from the point of view of the centennial of Ukrainian diplomacy, which we will celebrate in December. That is, it will be a fitting present for Ukrainian diplomacy.
“There are many things in the bill that will make the system more efficient, including the state secretary who will have a completely different role and act under the political leadership of the minister, which we did not have before. That is, there are many things in it that are right and will help make our system of diplomatic service more advanced and civilized. Not all proposals have got into the bill. It means that they will have to wait. There were proposals of a revolutionary nature, but, apparently, their time has not come yet, and society is not ready for them.
“As for the question of delaying the appointment of Ukrainian ambassadors abroad, the new wording of the law, if it is adopted as I saw it, will resolve this issue. After all, the document specifies precise deadlines for the introduction of decisions for consideration and their approval.”
“THE LAW IS PROGRESSIVE, BUT IT HAS SOME FLAWS”
Ihor PETRENKO, an expert of the International Centre for Policy Studies:
“Work on the text of the bill lasted for almost two years. Back in 2016, Klimkin spoke about the bill ‘On the Diplomatic Service’ being introduced to parliament soon, but in reality it only happened at the end of 2017.
“The main mission of the bill ‘On the Diplomatic Service’ is to establish new legal and organizational principles for the functioning of the diplomatic service as a civil service of a special nature, including service regulations, the functions of diplomats, rotation, diplomatic ranks, social security provisions, the procedure for termination of one’s diplomatic service. In addition, there is an objective need to harmonize the diplomatic service with the new law on the civil service.
“Since diplomats serve both in Ukraine and abroad, including in troubled countries, the bill envisages taking into account the health status, psychological stability, and the availability of opportunities to spend time with the family. It also establishes that all diplomats should be proficient in at least two foreign languages, one of them being English, regardless of their position. Meanwhile, a regular civil servant should only be proficient in a foreign language if they belong to the A category.
“To enable accelerated service communication and interaction, the bill provides for the delegation of broader powers to each employee who is entrusted with decision-making. It also introduces: European experience of autonomous provision of housing and consumer services abroad; unregulated working day abroad; the possibility of dismissal for a one-time major breach of official duties; imperative rotation, meaning the obligation to transfer to other organs of the diplomatic service if required by the service; opening the diplomatic service for qualified candidates; annual assessments of the Key Performance Indicators; regular confirmation of qualification level; assessments of the level of proficiency in foreign languages in accordance with the Common European Framework of Reference for Languages: Learning, Teaching, Assessment.
“The bill should be considered by the relevant committee, which will make recommendations and possibly propose amendments. After that, it will be introduced to the full chamber and evaluated by all the people’s representatives.
“In general, the law is progressive, but it has certain flaws, in particular a lack of the provision for consultations on the approval of candidates for appointment to the positions of heads of diplomatic missions with the relevant committee of the legislature.”
“THE BILL IS IN LINE WITH CONTEMPORARY EUROPEAN AND WORLD PRACTICE”
Markiian LUBKIVSKYI, a Ukrainian diplomat, former Ambassador of Ukraine to Croatia:
“Two and a half years after Foreign Minister of Ukraine Pavlo Klimkin said on August 21, 2015 that the bill ‘On the Diplomatic Service’ was ready, this important act has every chance to become law before the 100th anniversary of the Ukrainian diplomatic service, which we will celebrate on December 22 this year.
“Not being, in general, a supporter of timing passage of documents to certain dates, I still believe that enacting this law can become an important event in the life of Ukrainian diplomacy and diplomats, legal protection of their work and life. As an employee of the diplomatic service with almost 15 years of experience, I want to share some of my thoughts on this bill. What have I liked in it? My first impression from the bill came from its legal ‘harmony,’ which is determined by the clarity of terms, classifications, functions and definitions, as well as their harmonious relationship with the norms of the law on the civil service.
“I saw important and well-worded provisions on social security for the diplomatic staff and members of their families, healthcare services and conditions on an assignment abroad. This concerns, first and foremost, important guarantees for the other spouse regarding employment at the location of the diplomatic service employee’s assignment, their return after a long-term assignment, and the education of children.
“I approve the norm stating that ‘the Ambassador Extraordinary and Plenipotentiary of Ukraine is the highest official representative of Ukraine, who exercises general management, coordination, and control over the activities of officials and other employees of the Embassy of Ukraine, heads of other foreign diplomatic institutions of Ukraine in the host state, as well as officials and other persons, members of delegations of Ukraine who are in that state in performance of official duties.’ This should help to avoid rather frequent administrative problems in missions, in particular regarding cooperation with representatives of other departments, primarily uniformed services.
“The bill contains a number of important and interesting innovations. It is important that it regulates the issue of resignation, legal and social protection of high-ranking diplomats who have decided to terminate their diplomatic work in that way. The introduction of the diplomatic position of the Ambassador Extraordinary and Plenipotentiary of Ukraine resident in Kyiv is an interesting prospect as well.
“I also approve the bill providing diplomats with the rank of Ambassador Extraordinary and Plenipotentiary of Ukraine with the right to stay in service beyond the age limit of 65.
“What is missing? It would be important to introduce the practice of approving candidates for the highest diplomatic posts in parliament, including in the relevant committee. Here I share the opinion of chairperson of the Verkhovna Rada Committee on Foreign Affairs Hanna Hopko. Such approval hearings could be open to the public and the media, like in the US practice, where the Senate confirms ambassadors, and only then the president appoints the candidates.
“It is also worth considering introducing the concept of ‘imperative rotation’ for ambassadors which would limit the term of their stay in the host country, for example, by linking it to one presidential term. In the context of modern ‘cacophony’ in matters of international politics, it would be advisable to consider introducing a ‘one voice policy’ norm in international relations of Ukraine, so that the position of the state would be voiced by assigned competent persons, and not by everyone who wants to do it. This could become a deterrent acting to protect the state from suffering international harm, as is often the case today.
“In general, the bill is in line with contemporary European and world practice. The main thing is that, once it comes into force, it needs to be faithfully executed, and together with proper funding of the important work performed by diplomats, these are probably my key suggestions.”
