Democracy Watch 2011 – Issue 23
Party of Regions: hear no evil
The European Parliament resolution on Ukraine entitled "the case of Yuila Tymoshenko and other members of the former government", which passed in June, evidences not only BYUT's lobbying efforts, but also Europe's increasing concern over democracy in Ukraine(1). European representatives display definite displeasure with the current condition of the rule of law, the fight against corruption and the cases of persecution against the political opposition in Ukraine. EU High Representative for Foreign Affairs and Security Policy, Catherine Ashton, registered her approval of the resolution; her press office reported solidarity with the European Parliament.
The European Parliament resolution prompted a response from several key politicians in Ukraine. The Ukrainian Ministry of Foreign Affairs was quick to claim: "the negative tone of the European politicians' comments regarding Ukraine was the fault of a lack of information". Ivan Popesku, Head of the Ukrainian delegation to PACE, mentioned that the resolution would not create any problems for Ukraine on its way towards European integration. According to Olexandr Efremov, head of the Party of Regions faction, the implementation of the European Parliament resolution is not obligatory.
Following the reaction of the Ukrainian authorities, it is unfortunate but unsurprising that the European Commission chief representative in Ukraine, José Manuel Barroso, issued a public statement calling off the signing of the free trade agreement in September.
(1) http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+MOTION+B7-2011-0373+0+DOC+PDF+V0//EN&language=EN
People First Comment: Sadly there are those in the Rada who believe that just because they dress like Europeans, have watches, telephones and cars like Europeans, that they are in fact European. Clearly they are not or else they would not indulge is such crass, soviet style, political gamesmanship.
Europe does not need Ukraine, frankly they have enough problems of their own. At the moment Ukraine is simply acting like an anti-social neighbour that Europe is forced by geography to tolerate. Yes, Ukraine is currently included in some of the games of the European Club but only in the same way that you would invite a somewhat uncouth neighbour to your barbeque. All that Europe has extended to Ukraine at present is the hand of a good neighbour but in reality whilst Europe might well like access to Ukraine's mineral and agricultural resources they are highly unlikely to accept the current non-European culture that has to come with it.
It's one thing to be a neighbour, marrying into the family is something very different and if the current era of Ukrainian politicians are serious about joining the family then first they are going to have to learn a great deal more about the culture that underpins the European ideal.
Ukraine divides PACE
An address by President Yanukovych to the Parliamentary Assembly of the Council of Europe in June left the audience divided. Half of the Europe representatives, particularly those from Germany and Finland, were troubled by the Ukrainian Presidents attempts to evade critical questions. The other half, led by PACE President Mevlut Cavusoglu, took the speech very positively. Yanukovych tried to present Ukraine as a modern democratic state focused on integration with the EU and stating that the country had no alternative other than European integration(2). However his rhetoric failed to charm a large proportion of the representatives. When asked for comment many PACE members mentioned that Ukraine is far from ready for European integration.
The Ukrainian government held the President's speech exclusively in high regard. Ivan Popesku, Vice-President of PACE and a Party of Regions deputy, said that the opposition has not managed to discredit the President in the eyes of European deputies. Without a defined plan of action Ukrainian opposition have once again failed to set forth their grievances against Yanukovych at PACE. President's speech demonstrated that the government of Ukraine has a clear strategy for relations with EU agencies and bodies. Since the Party of Regions signed the Memorandum of Cooperation with the Progressive Alliance of Socialists and Democrats in the European Parliament back in October 2010, Yanukovich is free to mask contradictions among the many schisms between the various European political forces and figures.
If the EU truly wishes to effectively cooperate with Ukraine it needs to find a solid position on which to stand and hold firm until the Ukrainian authorities run out of options.
(2) http://www.unian.net/ukr/news/news-442064.html
People First Comment: Watching Party of Regions and the Ukrainian opposition dance around the PACE assembly one is reminded of the methods used by former Soviet and now the current Russian government. Rather than contribute something positive to the debate they seek to confuse, divide and thereby try to rule usually without much success and to the greater frustration of those that seek to move forwards. Whilst such tactics may be typical in Verkhovna Rada and the Russian Duma, the Europeans are just a little more experienced and whilst some factions may say one thing publicly, in the quiet halls and corridors of real power, they say something very different.
As has been reported many now believe that Ukraine is not ready for European integration and they are right. To become a member of the European community Ukraine needs to adopt European values and these do not include locking up the opposition through show trials, censoring the media, restriction freedom of assembly and allowing deputies and an elite few to pillage the nation whilst over 70% of the population live in poverty.
Ukraine today is a disgrace. How can a nation with so much natural wealth be so poor? How can Ukraine's GDP be going backwards and the nation be at the bottom of just about every league table in the world? How can it be that so many Ukrainians would leave if they could? The answer is simply. The governing and oppositional elite have built a political and economic model that may serve their interests but simply does not work for the majority and the sooner it is replaced with a bottom up democratic parliamentary system based on the rule of law and the transparent accountability of all state officials the better.
143 deputies = 248 votes in favour of the new pension reform
The new law on pension reform that recently passed through Verkhovna Rada will change retirement plans for many of Ukraine's citizens. This sphere has long needed reform; the 2010 pension fund deficit is estimated at 34 billion UAH (4.2 billion US dollars). The average retirement benefit in Ukraine amounts to 1178 UAH per month (147 US dollars). It is one of the lowest in Europe(3). According to Sergiy Tigipko, Vice Prime Minister and Minister of Social Policy of Ukraine, it was an appreciation of the social reality in Ukraine, not the IMF requirements, which led to the pension reform.
However, the reforms seem set to disappoint society at large. The national forum of trade unions has appealed to the President and demanded that he veto the law on pension reform.
The Ukrainian trade unions believe that the reform narrows the rights and freedoms of over 14 million people who make regular contributions to their pension and also those of over 5 million who invest from time to time. The one group to be unaffected by the new law are the 14 thousand VIP retirees, who receive around 15600 UAH per month (almost 2 thousand US dollars). It should be noted that this law was drafted with no open consultations with society.
The opposition led by Mykola Tomenko, deputy chairman of Verkhovna Rada, announced an intention to appeal to the Constitutional Court to have the reform cancelled; citing the fact that the law was approved by the majority of 248 votes when in reality only 143 deputies were in the parliament building.
While politicians bicker over the pluses and minuses of each new reform the Ukrainian people face raising unemployment, an increasing retirement age and worsening living standards leaving them with few options but to express their dissatisfaction with the govenrment.
(3) http://www.rbc.ua/ukr/top/show/vr-nachala-rassmotrenie-vo-vtorom-chtenii-zakonoproekta-07072011172700
People First Comment: Have any of you ever tried to live on $147 a month? Imagine that you are a single pensioner without access to a dacha living in a major Ukrainian city. The social services department will most likely pay your rent, communal services, gas, electricity and water but out of that $147 you will have to pay your television and telephone costs and all your food. Owning a car will be out of the question as will affording even the most basic of luxuries. Prices in Kiev at present are comparable with London so even the most basic of food stuffs are mostly out of reach even to those on a low income let alone a pensioner.
Yet whilst the vast majority of pensioners are reduced to poverty living on $4.74 a day, VIP pensioners, which it must be presumed includes former Presidents, Deputies, senior civil service officials and senior militia officers receive a pension that is 13.6 times larger. Some of the VIPs will have given such service to the nation that they warrant the gratitude of the nation however most will have already used their positions to buy expensive houses, cars and luxuries thus they are very likely the last people who need a state pension let alone one on this comparative scale. Yet this is the system that Rada deputies have voted for themselves and those that served them. The adoption of this pension ‘reform' was not only against the national interest but also symbolises the political death of the opposition who should have turned out in force to oppose the reform in the interests of the people but instead they remain in a state of moribund ignominy.
This unfortunately is just another example of the iniquity of the current system as in any normal parliamentary system there would be legal checks and balances to ensure that such self serving indulgence could not be enacted into law.
Governmental actions: as clear as mud
The Law "On Access to Public Information", enacted on 9 May 2011, is considered one of the major achievements of the present Ukrainian government. However, since the law entered into force two months ago the situation of the accessibility of information seen no positive developments at all. Over 50 civil organisations, the members of the "New Citizen" civil campaign, have expressed their concern over the way the Cabinet of Ministers sabotaged the law in question. Ignoring the President's direct instructions the government has delayed the preparation of the regulatory documents required for the effective implementation of the law.(4)
Without the supportive legislative framework the law "On Access to Public Information" will remain purely a facade leaving government executives free to operate in the dark. The long list of unanswered requests for information regarding public expenses for municipal property utilised by high state officials or tax declarations of the people's deputies suggest that the Cabinet of Ministers, Verkhovna Rada and Presidential Administration all hold the new law in disregard.
Considering Yanukovych's public demands for transparency in government, the President should be quick to reprimand the state officials to suppressing this action, before he himself is accused of hypocrisy or even complicity.
(4) http://www.telekritika.ua/news/2011-07-11/64231
People First Comment: One of the ironies of Ukrainian law makers is that whilst they are very good at writing laws they seem completely incapable of writing the systems that enable them to work or empowering the courts with sufficient power to enforce them. Take for example Deputies immunity from prosecution. Nobody has ever written any control parameters thus deputies are free to use the law as they choose. The live above the law yet they have the power to ensure that all other citizens adhere to it.
Was it really envisaged that the law of immunity would extend to their families so that their children can act like hoodlums and remain untouchable by the law? Was it really envisaged that their drivers would have the right to disregard traffic laws, drive like maniacs and when involved in accidents claim immunity through their boss? Was it really envisaged that Deputies could behave like bandits and corporate raiders stealing all they choose leaving the victims with no recourse to the law? If this was what the deputies envisaged then the law is an abomination that should be repealed at the earliest opportunity and the same goes for the law on access to information.
If this law is just a decoration designed to hoodwink the public and the international community then it is a complete waste of time. If interested parties have to resort to the courts to gain the information the law entitles them to then it is seriously flawed. For societies to work in the modern age there is a fundamental need for transparency, without which corruption can never be beaten, inefficiencies can never be addressed and the country can never move forwards. If law makers write self serving legislation without looking at how it is going to be implemented then they are simply the wrong law makers.
Quote of the week:
I don't have any formula for ousting a dictator or building democracy. All I can suggest is to forget about yourself and just think of your people. It's always the people who make things happen.
Corazon Aquino
The 11th President of the Philippines
The European Parliament resolution on Ukraine entitled "the case of Yuila Tymoshenko and other members of the former government", which passed in June, evidences not only BYUT's lobbying efforts, but also Europe's increasing concern over democracy in Ukraine(1). European representatives display definite displeasure with the current condition of the rule of law, the fight against corruption and the cases of persecution against the political opposition in Ukraine. EU High Representative for Foreign Affairs and Security Policy, Catherine Ashton, registered her approval of the resolution; her press office reported solidarity with the European Parliament.
The European Parliament resolution prompted a response from several key politicians in Ukraine. The Ukrainian Ministry of Foreign Affairs was quick to claim: "the negative tone of the European politicians' comments regarding Ukraine was the fault of a lack of information". Ivan Popesku, Head of the Ukrainian delegation to PACE, mentioned that the resolution would not create any problems for Ukraine on its way towards European integration. According to Olexandr Efremov, head of the Party of Regions faction, the implementation of the European Parliament resolution is not obligatory.
Following the reaction of the Ukrainian authorities, it is unfortunate but unsurprising that the European Commission chief representative in Ukraine, José Manuel Barroso, issued a public statement calling off the signing of the free trade agreement in September.
(1) http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+MOTION+B7-2011-0373+0+DOC+PDF+V0//EN&language=EN
People First Comment: Sadly there are those in the Rada who believe that just because they dress like Europeans, have watches, telephones and cars like Europeans, that they are in fact European. Clearly they are not or else they would not indulge is such crass, soviet style, political gamesmanship.
Europe does not need Ukraine, frankly they have enough problems of their own. At the moment Ukraine is simply acting like an anti-social neighbour that Europe is forced by geography to tolerate. Yes, Ukraine is currently included in some of the games of the European Club but only in the same way that you would invite a somewhat uncouth neighbour to your barbeque. All that Europe has extended to Ukraine at present is the hand of a good neighbour but in reality whilst Europe might well like access to Ukraine's mineral and agricultural resources they are highly unlikely to accept the current non-European culture that has to come with it.
It's one thing to be a neighbour, marrying into the family is something very different and if the current era of Ukrainian politicians are serious about joining the family then first they are going to have to learn a great deal more about the culture that underpins the European ideal.
Ukraine divides PACE
An address by President Yanukovych to the Parliamentary Assembly of the Council of Europe in June left the audience divided. Half of the Europe representatives, particularly those from Germany and Finland, were troubled by the Ukrainian Presidents attempts to evade critical questions. The other half, led by PACE President Mevlut Cavusoglu, took the speech very positively. Yanukovych tried to present Ukraine as a modern democratic state focused on integration with the EU and stating that the country had no alternative other than European integration(2). However his rhetoric failed to charm a large proportion of the representatives. When asked for comment many PACE members mentioned that Ukraine is far from ready for European integration.
The Ukrainian government held the President's speech exclusively in high regard. Ivan Popesku, Vice-President of PACE and a Party of Regions deputy, said that the opposition has not managed to discredit the President in the eyes of European deputies. Without a defined plan of action Ukrainian opposition have once again failed to set forth their grievances against Yanukovych at PACE. President's speech demonstrated that the government of Ukraine has a clear strategy for relations with EU agencies and bodies. Since the Party of Regions signed the Memorandum of Cooperation with the Progressive Alliance of Socialists and Democrats in the European Parliament back in October 2010, Yanukovich is free to mask contradictions among the many schisms between the various European political forces and figures.
If the EU truly wishes to effectively cooperate with Ukraine it needs to find a solid position on which to stand and hold firm until the Ukrainian authorities run out of options.
(2) http://www.unian.net/ukr/news/news-442064.html
People First Comment: Watching Party of Regions and the Ukrainian opposition dance around the PACE assembly one is reminded of the methods used by former Soviet and now the current Russian government. Rather than contribute something positive to the debate they seek to confuse, divide and thereby try to rule usually without much success and to the greater frustration of those that seek to move forwards. Whilst such tactics may be typical in Verkhovna Rada and the Russian Duma, the Europeans are just a little more experienced and whilst some factions may say one thing publicly, in the quiet halls and corridors of real power, they say something very different.
As has been reported many now believe that Ukraine is not ready for European integration and they are right. To become a member of the European community Ukraine needs to adopt European values and these do not include locking up the opposition through show trials, censoring the media, restriction freedom of assembly and allowing deputies and an elite few to pillage the nation whilst over 70% of the population live in poverty.
Ukraine today is a disgrace. How can a nation with so much natural wealth be so poor? How can Ukraine's GDP be going backwards and the nation be at the bottom of just about every league table in the world? How can it be that so many Ukrainians would leave if they could? The answer is simply. The governing and oppositional elite have built a political and economic model that may serve their interests but simply does not work for the majority and the sooner it is replaced with a bottom up democratic parliamentary system based on the rule of law and the transparent accountability of all state officials the better.
143 deputies = 248 votes in favour of the new pension reform
The new law on pension reform that recently passed through Verkhovna Rada will change retirement plans for many of Ukraine's citizens. This sphere has long needed reform; the 2010 pension fund deficit is estimated at 34 billion UAH (4.2 billion US dollars). The average retirement benefit in Ukraine amounts to 1178 UAH per month (147 US dollars). It is one of the lowest in Europe(3). According to Sergiy Tigipko, Vice Prime Minister and Minister of Social Policy of Ukraine, it was an appreciation of the social reality in Ukraine, not the IMF requirements, which led to the pension reform.
However, the reforms seem set to disappoint society at large. The national forum of trade unions has appealed to the President and demanded that he veto the law on pension reform.
The Ukrainian trade unions believe that the reform narrows the rights and freedoms of over 14 million people who make regular contributions to their pension and also those of over 5 million who invest from time to time. The one group to be unaffected by the new law are the 14 thousand VIP retirees, who receive around 15600 UAH per month (almost 2 thousand US dollars). It should be noted that this law was drafted with no open consultations with society.
The opposition led by Mykola Tomenko, deputy chairman of Verkhovna Rada, announced an intention to appeal to the Constitutional Court to have the reform cancelled; citing the fact that the law was approved by the majority of 248 votes when in reality only 143 deputies were in the parliament building.
While politicians bicker over the pluses and minuses of each new reform the Ukrainian people face raising unemployment, an increasing retirement age and worsening living standards leaving them with few options but to express their dissatisfaction with the govenrment.
(3) http://www.rbc.ua/ukr/top/show/vr-nachala-rassmotrenie-vo-vtorom-chtenii-zakonoproekta-07072011172700
People First Comment: Have any of you ever tried to live on $147 a month? Imagine that you are a single pensioner without access to a dacha living in a major Ukrainian city. The social services department will most likely pay your rent, communal services, gas, electricity and water but out of that $147 you will have to pay your television and telephone costs and all your food. Owning a car will be out of the question as will affording even the most basic of luxuries. Prices in Kiev at present are comparable with London so even the most basic of food stuffs are mostly out of reach even to those on a low income let alone a pensioner.
Yet whilst the vast majority of pensioners are reduced to poverty living on $4.74 a day, VIP pensioners, which it must be presumed includes former Presidents, Deputies, senior civil service officials and senior militia officers receive a pension that is 13.6 times larger. Some of the VIPs will have given such service to the nation that they warrant the gratitude of the nation however most will have already used their positions to buy expensive houses, cars and luxuries thus they are very likely the last people who need a state pension let alone one on this comparative scale. Yet this is the system that Rada deputies have voted for themselves and those that served them. The adoption of this pension ‘reform' was not only against the national interest but also symbolises the political death of the opposition who should have turned out in force to oppose the reform in the interests of the people but instead they remain in a state of moribund ignominy.
This unfortunately is just another example of the iniquity of the current system as in any normal parliamentary system there would be legal checks and balances to ensure that such self serving indulgence could not be enacted into law.
Governmental actions: as clear as mud
The Law "On Access to Public Information", enacted on 9 May 2011, is considered one of the major achievements of the present Ukrainian government. However, since the law entered into force two months ago the situation of the accessibility of information seen no positive developments at all. Over 50 civil organisations, the members of the "New Citizen" civil campaign, have expressed their concern over the way the Cabinet of Ministers sabotaged the law in question. Ignoring the President's direct instructions the government has delayed the preparation of the regulatory documents required for the effective implementation of the law.(4)
Without the supportive legislative framework the law "On Access to Public Information" will remain purely a facade leaving government executives free to operate in the dark. The long list of unanswered requests for information regarding public expenses for municipal property utilised by high state officials or tax declarations of the people's deputies suggest that the Cabinet of Ministers, Verkhovna Rada and Presidential Administration all hold the new law in disregard.
Considering Yanukovych's public demands for transparency in government, the President should be quick to reprimand the state officials to suppressing this action, before he himself is accused of hypocrisy or even complicity.
(4) http://www.telekritika.ua/news/2011-07-11/64231
People First Comment: One of the ironies of Ukrainian law makers is that whilst they are very good at writing laws they seem completely incapable of writing the systems that enable them to work or empowering the courts with sufficient power to enforce them. Take for example Deputies immunity from prosecution. Nobody has ever written any control parameters thus deputies are free to use the law as they choose. The live above the law yet they have the power to ensure that all other citizens adhere to it.
Was it really envisaged that the law of immunity would extend to their families so that their children can act like hoodlums and remain untouchable by the law? Was it really envisaged that their drivers would have the right to disregard traffic laws, drive like maniacs and when involved in accidents claim immunity through their boss? Was it really envisaged that Deputies could behave like bandits and corporate raiders stealing all they choose leaving the victims with no recourse to the law? If this was what the deputies envisaged then the law is an abomination that should be repealed at the earliest opportunity and the same goes for the law on access to information.
If this law is just a decoration designed to hoodwink the public and the international community then it is a complete waste of time. If interested parties have to resort to the courts to gain the information the law entitles them to then it is seriously flawed. For societies to work in the modern age there is a fundamental need for transparency, without which corruption can never be beaten, inefficiencies can never be addressed and the country can never move forwards. If law makers write self serving legislation without looking at how it is going to be implemented then they are simply the wrong law makers.
Quote of the week:
I don't have any formula for ousting a dictator or building democracy. All I can suggest is to forget about yourself and just think of your people. It's always the people who make things happen.
Corazon Aquino
The 11th President of the Philippines
