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Resolution 1974 (2014) Final version
The functioning of democratic institutions in Ukraine
1. The Parliamentary Assembly expresses
its deep concern about the political crisis that has ensued in Ukraine
following the surprise decision of the Ukrainian authorities to
suspend the procedure for the signing of an association agreement,
including a Deep and Comprehensive Free Trade Area agreement, with
the European Union. It strongly condemns the escalating violence
at the Euromaidan protests, which has already resulted in at least
five fatalities.
2. As a sovereign nation, it is for the Ukrainian people – and
only them – to decide, free from foreign interference, on the geopolitical
orientation of the country and which international agreements and
communities Ukraine should join. The question of whether or not
to sign an association agreement with the European Union is for
the Ukrainian people alone to answer. At the same time, the Assembly
considers that such important decisions as the geopolitical direction
of a country should be made on the basis of as wide a political
consensus as possible between the different political forces in
the country and on the basis of extensive consultation with the
population.
3. The Assembly recalls that, until 21 November 2013, the authorities,
by both word and action, strongly supported the signing of the association
agreement with the European Union at the Vilnius Summit in November
2013. It therefore regrets that the sudden change of policy was
made without the required consultation of society and without any
attempt to seek a nationwide consensus. This undermines the democratic
legitimacy in the eyes of the Ukrainian public of the decision to
suspend the signing of the agreements, which is also evident from
the outbreak of nationwide mass protests that followed. The Assembly therefore
urges the authorities to enter into open, honest and effective negotiations
with the opposition and to promptly seek a wide consensus on geopolitical
alignment and further democratic development, as well as the constitutional
order of the country.
4. The Assembly takes note of public statements by the Ukrainian
leadership that the decision not to sign the association agreement
was heavily influenced by pressure from the Russian Federation,
and especially the threat by Russia to close its borders to goods
coming from Ukraine if the association agreement was signed. The
threat of economic or political sanctions in order to influence
political decisions in another country contradicts generally accepted
diplomatic and democratic norms and is inadmissible. In this respect,
the Assembly wishes to remind the Russian Federation of its accession
commitment “to denounce as wrong the concept of two different categories
of foreign countries, whereby some are treated as zone of special
influence called ‘the near abroad’” and refrain from promoting the
geographical doctrine of zones of ‘privileged interest’.
5. The Ukrainian authorities have asserted that foreign criticism
of their handling of the Euromaidan protests amounts to foreign
interference in their internal affairs. In this respect, the Assembly
wishes to underscore that, as a member of the Council of Europe,
Ukraine is obliged to maintain the highest standards with regard
to democracy, the protection of human rights and the rule of law.
In addition, Ukraine is signatory to, inter
alia, the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights. Any violations
of human rights and any developments that could undermine the proper
functioning of democratic institutions can therefore not be considered
domestic affairs sensu stricto and
are legitimate areas for concern or criticism from other countries,
especially from other Council of Europe member States.
6. The Assembly regrets, and is concerned about, the excessive
and disproportionate use of violence by the police against protesters.
In the view of the Assembly, the attempts by the authorities to
forcibly break up the Euromaidan protests have only escalated the
political crisis and galvanised the protesters. The Assembly is
equally concerned about violent confrontations and provocations
instigated by extreme right-wing protesters. The right to freedom
of demonstration and assembly should be fully respected, but actions
of protesters should not contradict generally accepted democratic
norms. The Assembly therefore calls on the authorities to refrain from
any attempts to forcibly break up the protest rallies and camps.
At the same time, it calls on police and protesters to refrain from
any violence or actions that are clearly aimed at provoking a violent
reaction from the other side.
7. The Assembly is especially concerned about credible reports
of torture and maltreatment of protesters by the police and security
forces. Such behaviour, images of which have been transmitted on
several television channels, is unacceptable and the perpetrators
need to be punished to the full extent of the law. There cannot be
any impunity for such actions. The Assembly is equally concerned
about reports that journalists are being specifically targeted by
the security forces, in contradiction of the principle of freedom
of the media. In addition, it is concerned about reports that three
policemen have been stabbed, one of them fatally, by protesters.
It considers that such acts of violence against servicemen are unacceptable
in a democratic society and should be fully investigated.
8. The outbreaks of violence in December 2013 and January 2014,
the excessive and disproportionate use of force by the police, and
other alleged violations of human rights need to be fully and impartially
investigated, addressed and remedied and the perpetrators brought
to justice. The Assembly welcomes the initiative of the Secretary
General of the Council of Europe to establish an independent advisory
panel to investigate the violent incidents during the Euromaidan
protests, and regrets that both the authorities and opposition have failed
to nominate their representatives for this panel. In the view of
the Assembly, a full, transparent and impartial investigation into
the outbreaks of violence and the violations of human rights, is
essential for a negotiated peaceful solution to the political crisis.
It therefore urges both the authorities and opposition to nominate
their representatives for the panel without further delay and to
provide the panel with all the assistance and co-operation it requires
for its work.
9. The Assembly regrets the adoption, in chaotic circumstances
that undermine their legitimacy, of the so-called “anti-protest
laws” package by the Verkhovna Rada on 16 January 2014 and their
subsequent enactment by President Yanukovich on 18 January 2014,
despite the many calls not to bring them into force. These laws
violate the principles of freedom of expression, freedom of assembly
and demonstration, as well as the freedom of the media and freedom
of information, and infringe on the right to a fair trial. Cumulatively, these
laws are undemocratic and repressive and run counter to Ukraine’s
obligations under the European Convention on Human Rights (ETS No.
5) and as a member of the Council of Europe. The Assembly therefore welcomes
the decision by the Verkhovna Rada, on 28 January 2014, to repeal
the anti-protest laws.
10. The violence and human rights violations should be brought
to an immediate halt and open and effective negotiations should
be started to reach an agreement on a solution to the rapidly escalating
crisis. In the view of the Assembly, such an agreement should be
based on pledges by both sides not to use violence and to immediately
start an open, serious and effective dialogue between those in power
and the political and civil forces united in the Euromaidan protests
about the future democratic direction and geopolitical alignment
of the country.
11. The repeal of the anti-protest laws and the resignation of
the government are the first steps towards a peaceful solution to
the political crisis. These actions, as well as indications that
both the authorities and opposition have stepped up their efforts
to find a negotiated solution for the stand-off, are welcomed by
the Assembly. They offer an important window of opportunity that
should now be followed up by both sides with further concrete steps
to resolve the crisis peacefully and democratically.
12. The Ukrainian authorities had previously announced several
far-reaching reform packages, including constitutional reform, to
meet its obligations and remaining accession commitments to the
Council of Europe. The Assembly expects that the authorities and
the opposition will maintain their political will and commitment to
implement these reforms, which would also address several underlying
causes of the Euromaidan protests. It asks the authorities to provide
its Monitoring Committee with an updated timetable for these reforms.
13. In the light of escalating violence and violations of European
democratic and human rights standards, it cannot be “business as
usual” as regards Ukraine. The Assembly regrets that it was the
Verkhovna Rada that contributed to the violent escalation of the
crisis when it adopted the controversial anti-protest laws. The Verkhovna
Rada should take full responsibility for its role and use all the
instruments at its disposal to help reach a peaceful negotiated
solution to the crisis. The Assembly therefore sees the repeal of
the anti-protest laws as a clear indication that the Verkhovna Rada
intends to play such a role. It therefore does not wish to consider
the possibility of suspending the voting rights of the Ukrainian
delegation to the Assembly at this moment. However, it could consider
such sanctions at its April 2014 part-session if grave human rights violations
continue or if the Euromaidan protest were to be broken up by force.
14. The Assembly will continue to follow closely the situation
in Ukraine on the basis of information provided by its Monitoring
Committee, which it invites to suggest further action if the political
developments so warrant.