AA13CR07ADD1

AS (2013) CR 07
Addendum 1

2014 ORDINARY SESSION

________________________

(First part)

REPORT

Seventh sitting

Thursday, 30 January 2014 at 10 a.m.

ADDENDUM

The functioning of democratic institutions in Ukraine

The following texts were submitted for inclusion in the official report by members who were present in the Chamber but were prevented by lack of time from delivering them.

Mr D’ARCY (Ireland) – What is happening in the beautiful country of Ukraine is a cause of deep sadness for all of us. Over the past few days I have listened to many people speak eloquently of the problems facing the country and the need to move forward.

No matter how bad things are and how hopeless people feel at the turn of events, it is vital that dialogue continues to take place. We in Ireland know that only too well. After decades of violence, people finally sat down and in the end managed to find a peaceful path to the future. It is the only way!

In the meantime, I would urge the people who are seeking justifiable reform to refrain from anything that would give reactionary forces an excuse to engage in repressive measures, regardless of any provocation they might suffer.

It is the gift of parliamentarians of goodwill and good sense on all sides – and there are some of them here – to support reasonable demands from their citizens for change that will lead to sustainable peace, prosperity and democracy in Ukraine.

Ms SCHOU (Norway) – In the last couple of weeks we have seen the situation in Ukraine deteriorate. Lives have been lost. The reports we have seen on the news have been worrying and disturbing. As an Assembly with human rights, democracy and rule of law as our primary concern, we cannot stand idly by.

The demonstrations in the Ukraine have been going on for several weeks. For the most part they have been peaceful. The trend towards violence which we saw last week was disturbing. Turning to violence is not constructive, whether on the part of the demonstrators or the authorities. The talks between the President and the opposition have shown that negotiations can bear fruit, and the outcome of these negotiations has contributed to the fact that, for the moment, the violence is not escalating further. The agreement to repeal the majority of the laws adopted on 16 January is a significant step in the right direction. I am glad to see reports of calm returning to the Maidan, even if the demonstrations are still ongoing.

However, as I see it, the current calm in Kiev is fragile. The responsibility for keeping the calm lies both with the President and the opposition. They must continue on the negotiating track, and they must keep the best interests of the Ukrainian people at the heart of the process. Power games and personal gains must be set aside.

Ukraine is a member of our Organisation, the Council of Europe. It is important that the many institutions of the Council work together in order to assist the Ukrainian people at a time when democratic principles are under threat. I would like to commend the two rapporteurs of the Assembly for their efforts. I fully support the draft resolution and recommendation. Secretary General Jagland also deserves credit for his initiatives during the political crisis. On his initiative, the Council of Europe has been instrumental in the process of having the laws of 16 January repealed.

Ultimately, the responsibility for Ukraine not spiraling into chaos lies with the nation’s elected officials. Provocation must be avoided on all sides.

Mr CHISU (Observer from Canada) – Ukraine is a country of so much promise, in social and economic terms. There have been many encouraging signs since Ukraine expressed its interest in joining the Council of Europe in 1995 and thus indicating its wish to respect human rights and the rule of law and to ensure a thriving democracy.

Time and again Canada expressed concerns about the selective and politically motivated prosecution of political opponents, including Yulia Tymoshenko, on clearly questionable grounds and with such obvious lack of transparency. Canada also expressed disappointment when Ukraine`s Government suddenly suspended the signing of the Association Agreement and the Deep and Comprehensive Free Trade agreement with the European Union.

Recent events in very quick succession have however left us deeply troubled. That sense of disappointment has now been replaced by condemnation. In an emergency debate on Monday, Canada`s House of Commons approved a motion condemning the draconian law that was adopted in Ukraine on 17 January 2014 that severely limits the right of Ukrainians to peacefully organize, assemble or protest; and condemning the Ukrainian Government's use of violence and threats of legal action against the Ukrainian Greek Catholic Church for helping peaceful protesters. We all recognise that such a law undermines freedom and democracy in Ukraine.

Our House of Commons has called upon the Ukrainian Government to bring those responsible for these acts of violence and repression to justice; it called on the Ukrainian Government to refrain from the use of violence and to respect the people of Ukraine's right to peaceful protest. It has also urged the Government of Canada, in collaboration with the international community, to consider all options, including sanctions, to ensure that democratic rights in Ukraine are protected.

The Government of Canada has condemned in the strongest possible terms the killing of protesters by Ukrainian police forces and it considers them as deplorable and reprehensible acts of violence and a denial of democratic rights. On Tuesday, Canada announced that it is barring the entry into Canada of senior Ukrainian officials who have been responsible for the repression and silencing of protesters.

Canada has been a strong supporter of Ukraine, providing over $400 million in financial support for both economic and democratic development. Canada continues to support and engage with civil society groups in Ukraine and with opposition leaders to voice its support for the democratic rights of all Ukrainians. This is a principled approach to engagement with Ukraine which balances support for Ukraine`s aspirations, while regularly urging the Ukrainian administration to respect international human rights and democratic norms and respect for the rule of law.

The recent repeal of the anti-protest laws by the Ukrainian Parliament is an encouraging sign. This is only a beginning. We must continue to press Ukraine to complete the process of full democratic reform.

Mr KANDELAKI (Georgia) – Let me join my colleagues in condemning the violence and casualties in the streets of Kiev. While deploring the escalation of confrontation, we should not forget the chronology of events and, of course, their context.

Let us not fool ourselves: nothing would have happened if Russia had not exerted consistent and rather aggressive pressure on Ukraine in the run-up to the Vilnius Summit not to sign the agreement, to the detriment of Ukraine’s political and economic interests. Had this pressure not been applied, instead of these dramatic scenes, we would have seen a major step by Ukraine towards membership of the European family, which would of course benefit everyone – first and foremost Ukraine’s citizens. That this pressure had indeed been applied is proved by statements by the Ukrainian Government itself during and after the summit.

Dear colleagues, saying that the recent events highlight divisions in the country is wrong and reinforces the Russian narrative. Ukraine is one consolidated nation where the European idea enjoys overwhelming support. Let us not forget the core of the problem: the Russian Federation views movement of its neighbours – in this case, Ukraine – towards the European family of free and democratic nations as a threat to its system. For many years, Russia has done everything to undermine this process, not only in Ukraine but also in Georgia, whether it be through the demonisation of Europe through its stooges, or outright invasion.

Of course we should condemn violence, but it would be wrong to place equal responsibility on both parties. Like anywhere, the Ukrainian Government has more responsibility, and I am sure the Ukrainian Government does not want to see Ukraine slide towards chaos and the position of Putin’s vassal.

Dear colleagues, the events in Ukraine also showed how much traction and power the European idea has in the eastern neighbourhood of the European Union. That European idea is still alive and has undisputed legitimacy over ideas of restoration of the Soviet Union in whatever form. I want to appeal to European leaders please to support Ukraine and the aspiration of its people to move towards civilisation. This support should also mean unequivocal condemnation of any effort to impose the so-called “exclusive sphere of influence” in whatever form.

Much more is being decided now than just the fate of some laws or even Ukraine’s association with the European Union. What is at stake is whether Ukraine will manage to pull itself out of what Russia views as the “sphere of influence”. The Ukraine’s success will mean definitively disproving the paradigm that fully fledged democracy is, by definition, not possible in the former Soviet Union. No, it is possible anywhere, in Ukraine, in Georgia and indeed in Russia!

Mr STOILOV (Bulgaria) – The Parliamentary Assembly should strongly condemn all acts of violence on both sides during the protest in Kiev. It is one thing to use democratic rights and freedoms at meetings and demonstrations, but it is another to occupy and violate public property. We expect the cases of killed and seriously injured citizens to be investigated carefully and thoroughly by the competent institutions.

The Verkhova Rada has already reviewed the controversial so-called anti-protest laws. The resignation of the government is already a fact.

I strongly believe that, despite defending different positions, Ukrainian politicians owe it to the citizens of the country to avoid a state of emergency and to find a peaceful and promising solution to the political crisis.

Our Parliamentary Assembly can find a suitable form to contribute to this process. At the same time, the Council of Europe should clearly distance itself from the actions of the extreme right and the ultra-nationalistic groups that also provoke conflicts and spread hatred.

Among the reasons that provoked the protests are the difficult economic situation, the level of corruption and other internal problems; the cause was not only the dispute about Ukraine’s geopolitical orientation. History shows that this is not the first time that dramatic events and violent conflicts have taken place on Ukrainian territory. Extreme positions and confrontation can only divide Ukrainian society and split the country.

I think that the Ukrainian authorities maintain their principle orientation to sign an Association Agreement with the European Union. The draft agreement with Ukraine has a number of requirements including the reconstruction of the railway lines to European standards. If I may express myself figuratively, Ukraine needs “a third rail” so that it is well connected with both Europe and Russia. Any choice Ukraine makes which neglects this fact will lead to political polarisation, economic loss and missed opportunities in the future. Ukraine – this populous and vast country - should not be seen as peripheral to either Europe or Russia. Its role today is that of a link, of a bridge for co-operation and integration among different regions in Europe.

Mr ARIEV (Ukraine) – Ukraine has probably made its very first step towards solving the conflict peacefully, but it is too early to be optimistic. The President still has not signed the cancellation of the dictatorship legislation so it is still in force. We should not forget who is at the top on the governing side.

I would like to remind you one more time about the criminal past of Victor Yanukovych. My colleagues from the Ukrainian opposition and I have mentioned it many times, but all of you had a chance to be informed of the real so-called “policy” of the Ukrainian President and his team after the Summit of Eastern Partnership in Vilnius and were able to compare words and acts. Sometime in the future, scientists will discover the true phenomenon of a criminal leader who wants to appear respectable to everyone, but who is really deceiving them all. Criminal acts are hidden in laconic words for the ears of European politicians.

But since 30 November when peaceful students were bloodily chased, all the cases of cruelty, murder and kidnapping have demonstrated the real face of the ruling party: 7 killed, 36 kidnapped or disappeared, and thousands injured, and 98 % of them have internal head injuries, which bears witness to the illegal use of truncheons by police. The world was shocked when riot police threw Molotov cocktails at protesters, with pictures of football ultras guarding peaceful protesters from attacks by riot police and unknown streets gangs.

Detainees turned out to be victims of Nazi torturers, undressed and watered at minus 10°. A riot policeman’s page on a social network had anti-Semitic content. The facts are horrible! By the way, some pro-government and Russian mass media tried to present all the protesters as extremists. But how should one react when a policeman throws Molotov cocktails? How should we view riot police shooting directly at Red Cross activists? Or aiming at a cameraman’s eyes? Or cruelly beating journalists? Who exactly are the extremists? The answer is clear – the Ukrainian Government and the police force who are acting brutally with impunity.

Millions of Ukrainians demand an investigation into anti-human crimes perpetrated by the Yanukovych regime. They call on all responsible Council of Europe institutions to form an investigative committee and to send their results to the International Criminal Court of The Hague.

Ukrainians are deeply concerned about Russian assistance to extremists-in-law. This document confirms the sale to the Ukrainian police of a very powerful weapon for dispersal, which is forbidden in European countries because of the very high risk of injuries and death. This is despite all the assertions by Russia’s Minister for Foreign Affairs. Now the Russian Government has renewed pressure on Ukrainian exporters. By the way, I want to reply to some Russian speakers: between cheap gas and liberty, Ukrainians choose liberty.

In this situation, we see the very weak position of the European Union. It seems as though it is observing from a distance while people in Ukraine are dying in the name of European and democratic values. The European Union has to react strongly and actively because it is very important for stability in Europe. The resolution prepared by the Monitoring Committee is the first serious document since the crisis in Ukraine began.

European Commissioners could play an important role as intermediaries in negotiations between the president and the opposition and in guaranteeing the execution of a possible compromise. The main objectives are: cancelling the illegal decision adopted by the Constitutional Court of Ukraine arbitrarily to change the Main Law, despite the legal procedure; the preliminary elections of President and Parliament with guarantees of a clear and honest process controlled by the world democratic community.

      At the present moment, Mr Yanukovych has not made any concessions. His strategic goal is as it always was – brutal and complete repression of protests all over the country, affirming his lifetime reign on the Russian-Belarussian model. There are no changes in the authority’s actions at all. Yesterday again, dozens of activists were put in detention; almost a hundred people have gone missing.

      The police and interior forces keep kidnapping random pedestrians on the streets, raiding hospitals and driving injured away to unknown destinations; hired thugs armed with metal pipes, batons and automatic pistols have been brought to the cities where demonstrations took place. During Monday’s government meeting it was decreed that Special Unit of Riot Police numbers should be increased from 5,000 to 30,000. Moreover, the government allowed itself to enact the state of emergency without consulting parliament.

      Without real action by the International community to solve the crisis in Ukraine, it may become something more serious. The provocative activity of the Russian media and dirty deeds by pro-government politicians are aimed at creating a situation of total chaos in Ukraine, and this is a challenge to the whole of Europe.

      Mr GIRZYŃSKI (Poland) – The Law and Justice Party, PiS, has consistently supported Ukraine on its road to European accession. We actively act in support of an association agreement between our Eastern neighbour and the European community.

      In December 2013, the Chairman of the Law and Justice Party, Jaroslaw Kaczynski, flew to Kiev and assured the Ukrainian people that "Europe needs Ukraine as much as Ukraine needs Europe." The Chairman of the Law and Justice Party, during his stay in Kiev, met with leaders of the opposition. With the efforts and initiative of the Law and Justice Party, the Parliament – Sejm – of the Republic of Poland unanimously adopted a special resolution concerning the ongoing events in Ukraine, on 24 January, 2014.

      Recently, a Law and Justice Party delegation consisting of its Vice-Chairman Adam Lipinski, the representative of the Polish Parliament to the Council of Europe, Adam Hofman, and members of the European Parliament, Tomasz Poreba and Ryszard Czarnecki, also went to Ukraine. While in Kiev, our representatives presented a resolution of the Polish Parliament as evidence of its support for Ukraine expressed in an official document. The members of the Law and Justice delegation also spoke with opposition leaders and met with the daughter of former Ukrainian Prime Minister Yulia Tymoshenko.

      We want to make use of this direct experience gained in Ukraine to strive for the Ukrainian issue on the European forum. I would particularly like to emphasize that Europe must know that basic human rights are being violated in Ukraine. People are being killed, beaten and imprisoned for expressing their views and opinions – all this is happening close to the border of the European Union. We should not permit such situations and strongly condemn them. We must act in order to prevent the further escalation of violence. The result of our active involvement in Ukraine will also form the basis of a forthcoming debate in the European Parliament, which should ultimately result in the adoption of a special resolution on the situation in Ukraine.

      We need exceptional commitment from all European institutions and member States on the Ukrainian issue. Specific measures are necessary and assistance is needed.

      In this context I refer you to the Resolution of the Sejm of the Republic of Poland on developments in Ukraine which was unanimously adopted on 24 January this year.

      Ms VĖSAITĖ (Lithuania) – We welcome the decision of the Ukrainian parliament to adopt the amnesty Bill for detained protesters, but we regret that it has been adopted only on a certain condition. We consider the negotiations to be better than civil war in a country of 45 million people.

      The difficult situation in Ukraine should not only concern the country itself, but the whole of Europe. On 23 January, the Lithuanian Parliament adopted the statement on the current events in Ukraine in which we call on the parliaments of the European Union to put a special focus on the assessment of the complicated situation in Ukraine and to promote action by their governments. Our parliament has also addressed the institutions of the European Union asking them to consider all possible measures, including economic sanctions, in response to the events in Ukraine. In fact, Mr Yanukovych has already punished the citizens of Ukraine because nobody is willing to invest in an unstable country where basic human rights are violated.

      Lithuania has just finished its Presidency of the Council of European Union. One of our objectives was the further development of the Eastern Partnership. We should be interested in the promotion of democratic values to the east of the European Union. The Vilnius Summit clearly acted as a renewed catalyst for further developments, not only in Georgia and Moldova, who showed their determination to integrate their economies with the European Union, but also in Ukraine. By not signing the Association Agreement, Ukraine’s political leadership defied the expectations of its own people, a state of affairs which has led to the revolutionary situation we are now witnessing.

      We call for the members of the Council of Europe to stand by the people of Ukraine with their values of respect for human rights and democracy. I fully support the resolution and recommendation.

Mr COZMANCIUC (Romania) – As a member of the Romanian Parliament, a neighbouring State of Ukraine, and as Vice-president of our parliament’s Friendship Group with Ukraine, I am deeply concerned by the political unrest and the escalating tensions in Ukraine.

I strongly believe that the only sustainable solution for the crisis is strengthening the rule of law and the democratic mechanisms for political dialogue. The only possible answer to the crisis is a political one. Therefore, a real dialogue between the government and the opposition must be initiated at once. Political dialogue between the parties will be effective only if the institutions and the democratic mechanisms become more viable and the people trust that the rule of law is functioning. The authorities have to find a way to make sure that the voice of the street – the voice of the people – is heard. I remind you of the role of parliamentary diplomacy in providing expertise and assistance in building political dialogue.

I fully support the position taken by the Parliamentary Assembly of the Council of Europe when it emphasised that “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.”

We must make sure that no country is constrained, by economic or any other means, in entering into international agreements; neither should it be forced to take decisions against the will of its people. It is only for the Ukrainian people to solve its internal difficulties, to choose its constitutional order, as well as the international agreements in which it enters.

Ukraine is a European country, both geographically and politically, and it must be helped to follow its European path in an effective manner, beyond mere declarations. As I mentioned, it is for it and for its people to choose its economic and political path. Europe and the European Union have a duty, at the same time, to make sure that they offer appropriate and consistent support to a country with economic challenges and cultural diversity.

The quick and controversial decisions taken in the last few weeks show that the consultation process has its shortcomings, and that is the message the population transmitted through protests, considering that its voice had not been taken into account. Therefore, it is an appropriate time to remind ourselves of the democratic principle of wide consultation and to include in these consultations any kind of minorities, political or otherwise.

In this context, as a Romanian, I am thinking in particular of the members of the Romanian community, which is a national minority in Ukraine. Members may have heard about the violence perpetrated in Cernauti, a multicultural centre of a region where an important Romanian population lives.

Mr VECHERKO (Ukraine) – Distinguished colleagues, I have been involved in Ukraine’s European integration processes since 2006, being the Chairman, the First Deputy Chairman and member of different Verkhovna Rada committees on integration.

I assure this distinguished audience that I was always committed to European values, democracy, and development co-operation for the benefit of our people; unfortunately the current situation in Ukraine is far from the European principles and standards.

After her election, Ms Brasser declared that she condemned any extreme right movements such as fascism, extremism and nationalism. Unfortunately, on the streets of Ukraine, and particularly in Kiev, we can periodically observe such an extreme right radical tendency. As a politician and a patriot of my country, I am concerned for the socio-economic prosperity of Ukraine. Under the circumstances, I can see only one way to resolve the conflict – to start a dialogue. Both sides have to return to the legal framework of conflict-resolution.

The laws adopted on 16 January are not the basis of the current legislative conflict. The violation of the rules on peaceful meetings and responsibility for extremist activity drags the issue of responsibility, including criminal, in many countries, such as the United Kingdom, Germany, Italy, France and the United States. The Parliamentary Assembly of the Council of Europe also stresses the urgency and necessity of fighting against extremism:

In Resolution 1344 (2003), which speaks of the "Threat posed to democracy by extremist parties and movements in Europe", the Parliamentary Assembly called on its member States to envisage in their legislation a possibility of restriction of freedom of expression, assemblies and associations with the aim of fighting extremism, and to introduce effective dissuasive penalties that would play the role of a constraining factor, in particular, against public incitement to violence, racial discrimination and intolerance. In addition, the Parliamentary Assembly recommends the adoption of legislation aimed at introducing administrative procedures that would prevent the spread of extremist ideology through new information technologies;

In Resolution 1754 (2010), which mentions the "Fight against extremism: achievements, deficiencies and failures", the Parliamentary Assembly also called on member States of the Council of Europe to ensure the enforcement of penalties against public incitement to violence.

Ukraine, as a legal State, is taking all possible measures to settle the present political situation, only through the legal framework, I stress again “by both sides of the conflict”. The Ukrainian authorities, as well as representatives of the international community, seek to avoid violence and to resolve this difficult issue by legal mechanisms. But at the same time, protesters should operate within the European standards and principles, which are contrary to acts such as extremism. They should express their points of view peacefully within the legal framework.

I call on all branches of the Ukrainian authorities, representatives of the opposition and protesters to respect national legislation and international law. The problem should be resolved peacefully and within the framework of a comprehensive dialogue.

      Mr O. SHEVCHENKO (Ukraine) – I would like to focus on the fact that there is no xenophobia, anti-Semitism or extremism in Ukraine. The political party “All-Ukrainian Union Svoboda” which has its faction in the parliament stands for equality in rights and the law of citizens of all nationalities. We believe that the rights and freedoms of an individual constitute an integral part of the rights and freedoms of the nation. We do not have any xenophobe rhetoric. Alongside the Ukrainians there are citizens of other nationalities at the Maidan. It is not surprising that the first to be killed were an Armenian, a Belarusian and a Ukrainian.

      Nevertheless, there are certain forces that wish to transform the struggle of the Ukrainian people for its rights and freedoms into inter-ethnic clashes and the present stand-off of the people and the authorities into civil war. Quite often crimes committed by riot police officers have an ethnic character. That was the case when a Ukrainian was stripped naked in bitter frost and forced to sing the Ukrainian national anthem. Instead of initiating criminal proceedings, the authorities have said that they will only resort to a check-up.

      The law enforcement and judicial bodies of Ukraine have to be reinstalled and act within the legal framework and within the limits of the criminal code. The self-will of the law enforcement and judicial bodies provokes radicalism in society, and this may lead to the protest losing its legitimacy. The “All-Ukrainian Union Svoboda” stands for the peaceful resolution of the conflict between the people and the authorities.

      The radical requirement for the President’s resignation could not become a basis for negotiations between the opposition and the authorities. What is needed now is an active mediation from Europe’s side. The future of not only Europe, but that of Russia, and even of the United States of America, will depend on the fate of Ukraine.

      At this time Ukrainians are standing in front of two doors: one is leading to dictatorship and the other one to democracy. Ukrainians will not give up.

      Mr IWIŃSKI (Poland) – Nine months after the Orange Revolution, the situation in Ukraine, which is one of the biggest European countries, has again been a focus of international public opinion. It is marked by massive protests which have waxed and waned for two months, and the situation is still volatile. Fortunately, however, the decisions are now being taken in parliament, not on the streets. There have been dramatic events, and we have witnessed all of them. The most recent are the occupation by demonstrators of provincial administration buildings in at least 10 regions, the resignation of the Prime Minister, and the parliament’s repeal of nine of the 12 anti-protest laws.

       “One stick doesn’t constitute a fence” says a Ukrainian proverb. There seem to be three main bones of contention: the nature of the amnesty law which was adopted yesterday evening but is not accepted by the opposition; constitutional amendments aimed at weakening head of state prerogatives; and the possibility of early presidential elections.Fo

      For my motherland of Poland, the situation in Ukraine is of particular importance. We were the first country to recognise its independence (a few hours ahead of Canada). We have the longest border with Ukraine of all the European Union member States, and we issue more Schengen visas for Ukrainians than all other European Union countries put together.

      Regardless of external pressure on the Kiev authorities, Brussels should make a much more generous offer to Ukrainian citizens in view of the gradual abolition of visas for students, scholars, journalists and NGO representatives. By and large, Ukraine should not be a repeat of the Turkish situation, in the sense that Ankara signed the Association Agreement with the European Union more than 50 years ago and has so far closed only one chapter of 35 during the negotiations.

      In the report under discussion, one key phenomenon, regrettably passed over by the rapporteurs, is the enormous rise of nationalism and extreme right-wing forces, represented by the Svoboda party and movements like Tryzub, Praviy and so on. Some of them are even making territorial claims in relation to Poland – the city Przemyśl and neighbouring areas. It is not clear whether the leaders of the parliamentary opposition are today able to control the behaviour and actions of these extreme forces.

      Creating a genuine democracy, not an oligarchy; sticking to Council of Europe standards; maintaining dialogue as a basis for the conflict-solving process; and preventing the worst-case scenario, namely the division of Ukraine, or even civil war (as Leonid Kravchuk, the first President of Ukraine, said yesterday in parliament) should undoubtedly be the main goals for the international community.

      In this context, I welcome the efforts made by our Secretary General. At the same time, I very much regret that the ad hoc sub-committee on the situation in Ukraine, set up seven weeks ago by the Committee on Political Affairs and Democracy and composed of five members representing all political groups, could not function despite the invitation of a Verkhovna Rada Speaker, owing to a bizarre PACE Bureau decision. Such an obvious error should be corrected as soon as possible.