"UKRAINE REPORT 2003"
"The Art of Ukrainian History, Culture, Arts, Business, Religion,
Sports, Government, and Politics, in Ukraine and Around the World"
MERRY CHRISTMAS, DECEMBER 25, 2003
MERRY CHRISTMAS, JANUARY 7, 2004
[Ukrainian Christmas, Julian Calendar]
Postcards Over the Past 100 Years Send
Greetings for a Merry Christmas, for Joyful
Holidays and Announce Christ Is Born
http://www.artukraine.com/postcards/xmaspost1.htm
" 'The clans that have usurped power in Ukraine and have been humiliating
people for years have not concealed that they want to deprive the people of
Ukraine of their last constitutional right - the right to elect the
president by a direct universal ballot,' the statement said.
"The opposition forces stressed that they want real reforms, but noted that
they would prevent 'an anti-constitutional coup and the transition of this
country to a criminal tyranny of clans'.
" 'We will not allow the criminal majority to push through parliament the
pseudo-reform, whose implementation will put the country on the verge of
an abyss and the people on the verge of survival,' the statement said.
[article number one]
"UKRAINE REPORT 2003," Number 116
U.S.-UKRAINE FOUNDATION (USUF)
www.ArtUkraine.com Information Service (ARTUIS)
Washington, D.C., Kyiv, Ukraine, morganw@patriot.net
TUESDAY, DECEMBER 23, 2003
INDEX OF ARTICLES:
1. OPPOSITION CALLS ON UKRAINIAN PEOPLE TO SUPPORT
STRUGGLE AGAINST CONSTITUTIONAL REFORM
Interfax-Ukraine news agency, Kiev, in Russian, 23 Dec 03
BBC Monitoring Service, UK, in English, Tuesday, Dec 23, 2003
2. OPPOSITION BLOCKS DEBATE ON CONSTITUTION CHANGES
IN A ROWDY SESSION IN THE PARLIAMENT
Radio Free Europe/Radio Liberty, Prague, Czech Republic, Dec 23, 2003
3. UKRAINIAN COMMUNIST LEADER SAYS AUTHORITIES
PUSHING REFORM TO RETAIN POWER
UNIAN news agency, Kiev, in Ukrainian, 22 Dec 03
BBC Monitoring Service, UK, in English, Dec 22, 2003
4. SOME COMMENTS ON THE RECENT ATTEMPTS TO
AMEND THE CONSTITUTION OF UKRAINE
Comments By Judge Bohdan A. Futey
Washington, D.C., Friday, December 19, 2003
5. AUTHORITIES REPORTEDLY STEP UP PRESSURE ON
UKRAINIAN JUDGES
Zerkalo Nedeli, Kiev, in Russian 20 Dec 03; p 6
BBC Monitoring Service, UK, in English, Dec 22, 2003
6. UKRAINIAN REGIONAL PAPER PROTESTS AGAINST
CHIEF PROSECUTOR'S PRESSURE
Flat of Journalist's Mother Has Been Seized Under Mysterious Court Decision
Ostrov web site, Donetsk, in Russian, 22 Dec 03
BBC Monitoring Service, UK, in English, Dec 22, 2003
7. UKRAINE'S KUCHMA HINTS HE BACKS PIPELINE REVERSAL
Reuters, Kiev, Ukraine, Friday, December 19, 2003
8. UKRAINE TIGHTENS CONTROL OF INTERNET, MOVES TO STAMP
OUT PORN, OUTLAWS INFORMATION THAT COULD HARM THE
HONOUR OR BUSINESS REPUTATION OF INDIVIDUALS
AFP, Kiev, Ukraine, Saturday, Dec 20, 3:07
9. US AMBASSADOR TO UKRAINE DENIES FAVOURING OPPOSITION
UNIAN news agency, Kiev, in Ukrainian, 23 Dec 03
BBC Monitoring Service, UK, in English, Dec 23, 2003
10. US ENVOY IN UKRAINE SAYS POLITICAL REFORM UNTIMELY
Interfax-Ukraine news agency, Kiev, in Russian, 23 Dec 03
BBC Monitoring Service, UK, in English, Dec 23, 2003
11. UKRAINIAN PRESIDENT TOO TOLERANT OF US PRESSURE,
PRO-PRESIDENTIAL WEEKLY SAYS
Especially from Former Ambassador to Ukraine Steven Pifer
By Serhiy Burlachenko, 2000, Kiev, in Russian 19 Dec 03; p a1, a3
BBC Monitoring Service, in English, UK, Dec 22, 2003
12. UKRAINIAN PRESIDENT KUCHMA SPEAKS OUT IN HIS
END-OF-YEAR NEWS CONFERENCE
Once Again Confirms He Will Not Run For President Again
UT1, Kiev, Ukraine, in Ukrainian, 19 Dec 03
BBC Monitoring Service, UK, in English, Dec 20, 2003
=======================================================
UKRAINE REPORT 2003, No. 116: ARTICLE NUMBER ONE
=========================================================
1. OPPOSITION CALLS ON UKRAINIAN PEOPLE TO SUPPORT
STRUGGLE AGAINST CONSTITUTIONAL REFORM
Interfax-Ukraine news agency, Kiev, in Russian, 23 Dec 03
BBC Monitoring Service, UK, in English, Dec 23, 2003
Kiev, 23 December: Three opposition forces - [the centre-right] Our Ukraine,
the [populist] Yuliya Tymoshenko Bloc and the Socialist Party - have called
on the Ukrainian people to support their struggle against a constitutional
reform in its current form.
"Today, 23 December 2003, an attempt to stage an anti-people's, openly
criminal and anti-constitutional coup has been taking place in parliament.
Under the pretext of a so-called `constitutional reform', the
pro-presidential majority in the Supreme Council [parliament] is attempting
to permanently pass power in Ukraine to the clans, depriving the nation of
the right to vote, to choose and to live a decent life," a joint statement
by the three political forces, passed to Interfax-Ukraine today, said.
The statement said that the pro-presidential majority ignored the demands
"and urgent necessity to elect parliament and local councils on the
proportional basis from party lists".
The document said that the reform initiators do not want changes, but that
their real goal "is to leave things as they are under [Ukrainian President
Leonid] Kuchma forever".
"The clans that have usurped power in Ukraine and have been humiliating
people for years have not concealed that they want to deprive the people of
Ukraine of their last constitutional right - the right to elect the
president by a direct universal ballot," the statement said.
The opposition forces stressed that they want real reforms, but noted that
they would prevent "an anti-constitutional coup and the transition of this
country to a criminal tyranny of clans".
"We will not allow the criminal majority to push through parliament the
pseudo-reform, whose implementation will put the country on the verge of an
abyss and the people on the verge of survival," the statement said.
[Our Ukraine and the Yuliya Tymoshenko Bloc earlier today blocked the
parliament rostrum in order to prevent parliament from passing
constitutional reform bills. The bills provide for electing the president by
parliament, rather than by a universal ballot, and stripping the president
of some of his authority in favour of parliament and the Cabinet of
Ministers; see Interfax-Ukraine news agency, Kiev, in Russian 23
Dec 03.] (END) (ARTUIS)
=========================================================
UKRAINE REPORT 2003, No. 116: ARTICLE NUMBER TWO
=========================================================
2. OPPOSITION BLOCKS DEBATE ON CONSTITUTION CHANGES
IN A ROWDY SESSION IN THE PARLIAMENT
Radio Free Europe/Radio Liberty, Prague, Czech Republic, Dec 23, 2003
Kyiv, 23 December 2003 (RFE/RL) -- In a rowdy session, Ukrainian opposition
lawmakers have blocked debate on changes to the constitution that would
allow parliament, rather than voters, to choose the country's next
president.
Deputies from three opposition parties sang the national anthem and folk
songs to prevent parliament from debating the changes put forward by
President Leonid Kuchma's allies.
The opposition says the proposals may be a way for Kuchma to extend his
tenure or to have a loyalist succeed him after the end, in October, of his
maximum two terms in office.
The opposition has proposed its own amendments that would preserve the
popular vote for president but change the way parliament is elected. (END)
=========================================================
UKRAINE REPORT 2003, No. 116: ARTICLE NUMBER THREE
=========================================================
3. UKRAINIAN COMMUNIST LEADER SAYS AUTHORITIES
PUSHING REFORM TO RETAIN POWER
UNIAN news agency, Kiev, in Ukrainian, 22 Dec 03
BBC Monitoring Service, UK, in English, Dec 22, 2003
Kiev, 22 December: The leader of the Communist Party of Ukraine and head of
the Communist Party parliamentary faction, Petro Symonenko, has said that
the authorities took part in drafting a political reform bill because they
were afraid of having to answer for their "misdeeds" committed over the
period of 12 years or because they wanted to stay [in power] for a longer
term. Symonenko said this at a news conference at UNIAN today.
Answering a question as to why the presidential administration took part in
the political reform process, Symonenko said that today "it is clear that
the authorities are in a shaky position".
Symonenko said that the "Arise, Ukraine!" movement [street protests in
2002-03 aimed at ousting President Kuchma], even though it did not reach its
goal, showed to society and the current regime that the people would not
tolerate the authorities "further deepening the impoverishment of our
people", but would stop waiting for the authorities to act and would replace
these authorities.
"It seems to me that the authorities, whether individuals, the head of the
presidential administration [Viktor Medvedchuk] or the president himself,
have realized that their time in office is inevitably running out,"
Symonenko said. The possibility of having to answer for everything "they did
over these 12 years led them to understand the need for a seemingly positive
plan of revising and redistributing authority between the branches of
power", Symonenko said.
Symonenko said that "they (the authorities) understand that political forces
which make up the pro-presidential parliamentary majority will support them.
These pro-presidential forces depend on them because they were elected as a
result of instructions from the presidential administration in 2002 and as a
result of falsification. That is what they are counting on."
Symonenko concluded that over the next two years the authorities would be
"developing techniques for the election in 2006".
At the same time, Symonenko does not rule out that one of the explanations
for the participation of the authorities in the political reform process is
that they see the possibility to keep Leonid Kuchma in the president's seat
"for a certain period of time". (END) (ARTUIS)
=========================================================
UKRAINE REPORT 2003, No. 116: ARTICLE NUMBER FOUR
=========================================================
4. SOME COMMENTS ON THE RECENT ATTEMPTS TO
AMEND THE CONSTITUTION OF UKRAINE
Comments By Judge Bohdan A. Futey
Washington, D.C., Friday, December 19, 2003
[Judge Futey is a federal judge on the US Court of Federal Claims
and has been active in Rule of Law and Democratization programs in
Ukraine since 1981. He served as an advisor to the Working Group on
Ukraine's Constitution, adopted on June 28, 1996.]
COMMENTS BY JUDGE BOHDAN A. FUTEY ON THE RECENT
ATTEMPTS TO AMEND THE CONSTITUTION OF UKRAINE:
The Constitutional Court of Ukraine has recently issued two decisions
regarding the conformity of proposed changes to the political system in
Ukraine (registration No. 4105 and 4180), with provisions of Articles 157
and 158. Both drafts propose that the President be elected by the
Parliament instead of direct election by the people as provided by the
current version Article 103. The drafts, however, differ in their suggested
effective date and implementation.[1]
Draft No. 4105 suggests that the people directly elect the President in
October 2004 as per the present Constitution. The President would serve
until a new President is elected by the Parliament "within a month after the
day of the opening of the first meeting of the [Parliament] elected in
2006."[2] On the other hand, Draft No. 4180 proposes that the Parliament
elect the President in October 2004 for three years. Parliament's term will
then be extended by an additional year, and the new President shall be
elected again by the Parliament "within a month after the day of the opening
of the first meeting of the [Parliament] elected in 2007."[3] The President
and the Parliament will then serve complete five-year terms.
"------------------------------------------------------------"
NOTE: To read the entire report by Judge Bohdan Futey please click on:
http://www.artukraine.com/events/futey2.htm
=========================================================
WELCOME TO UKRAINE MAGAZINE IN ENGLISH
Issue Number Four for Year 2003 Just Issued. Best Magazine in English
http://www.artukraine.com/travel/wumagazine.htm
========================================================
UKRAINE REPORT 2003, No. 116: ARTICLE NUMBER FIVE
=========================================================
5. AUTHORITIES REPORTEDLY STEP UP PRESSURE ON
UKRAINIAN JUDGES
Zerkalo Nedeli, Kiev, in Russian 20 Dec 03; p 6
BBC Monitoring Service, UK, in Enlish, Dec 22, 2003
The Ukrainian authorities are stepping up pressure on judges, former
chairman of the Supreme Court Vitaliy Boyko has said. He pointed to the
requirement for judges to be vetted by the presidential administration
before appointment, and criticized the decision deeming the Court of
Cassation to be unconstitutional.
The following is an excerpt from the interview Boyko gave to Oleksandra
Prymachenko, published in the Ukrainian weekly newspaper Zerkalo Nedeli
on 20 December:
On 16 December, the Constitutional Court of Ukraine published a decision in
which it is indicated, in particular, that the creation of the Cassation
Court in the system of general jurisdiction courts runs counter to the
constitution.
Zerkalo Nedeli asked Vitaliy Boyko, the retired chairman of the Supreme
Court of Ukraine (1994-2002), merited lawyer of Ukraine and now deputy
president of the Interregional Academy of Personnel Management, to comment
on the decision.
[Prymachenko] Mr Boyko, how do you assess the decision of the Constitutional
Court of Ukraine that has caused such a varied reaction on the part of the
legal community?
[Boyko] The decision simply shocked me. I think that it will bring in its
wake extremely negative consequences for the reform of the judicial system.
For me, a former judge, a court decision is indisputable. However, I have
probably never yet encountered such a weakly grounded decision. I have great
doubts regarding its correctness. And many people share my viewpoint,
including representatives of judicial circles and the authorities.
A number of current laws and draft laws under consideration gave grounds for
expecting significant positive shifts in the area of developing
jurisprudence. The beginning of that process was laid, back when the
constitution was adopted. And I am very sad that this decision by the
Constitutional Court has essentially set back reform of the judicial system
by at least five years.
[Passage omitted: Boyko opposes constitutional reform proposal limiting
judges to 10 years in office]
[Prymachenko] What is your impression as an outsider now, although not an
indifferent observer - is pressure on the courts growing?
[Boyko] I believe that pressure on the courts is intensifying, and extremely
tangibly. At one time I was categorically against the president appointing
the chairman of a court, because I understood where it would lead.
Unfortunately, I was proved right. Today, court chairmen tell me that there
is a certain system of appointments. Despite the presence of a
representation by the chairman of the Supreme Court and a recommendation
from the Council of Judges regarding a judge who is going to take up an
appointment, and against whom there are no complaints about his work, he is
mandatorily summoned (!) to the presidential administration.
There is even... [ellipsis as published] a special commission there for
that. What is the sense of it? The purpose of the meeting is to witness
their participation in the decision of the fate of a judge, to ensure that
he never forgets who is boss, and who should be listened to! The
presidential entourage needs this in order to be involved in the judicial
branch of power as a medium of the appointment of leaders. Because through
them, influence can be brought to bear on the organization of the work of
the court and the adoption of important decisions. That is precisely what is
happening now.
I have been told that material on some judges is examined for months. This
is our old nomenklatura system of appointments. This cannot, should not
affect the judicial system.
[Prymachenko] What else do you consider major obstacles to the independence
of the judiciary?
[Boyko] I suggest that a judge should not have benefits. Everything should
be decided via the budget. A judge should have a proper salary and get
himself an apartment from his own money, pay for his own travel when on
leave and so forth. Otherwise, the dependence of a judge on the executive is
unavoidable.
There is one other question - awards to judges. For example, the Cabinet of
Ministers gives an award to a Supreme Court judge. One asks oneself what
for. I, for example, believe that a judge can only be awarded with a medal
"For saving a drowning person" or "For valour in a fire". (END) (ARTUIS)
=========================================================
UKRAINE REPORT 2003, No. 116: ARTICLE NUMBER SIX
=========================================================
6. UKRAINIAN REGIONAL PAPER PROTESTS AGAINST
CHIEF PROSECUTOR'S PRESSURE
Flat of Journalist's Mother Has Been Seized Under Mysterious Court Decision
Ostrov web site, Donetsk, in Russian, 22 Dec 03
BBC Monitoring Service, UK, in Engish, Dec 22, 2003
A Ukrainian web site has published an address by a regional weekly about
pressure against a regional newspaper reporter, Volodymyr Boyko, from
Prosecutor-General Henadiy Vasylyev. The flat of the journalist's mother has
been seized under a mysterious court decision, of which nobody but the
prosecutor-general himself has heard. Boyko wrote an article accusing
Vasylyev of organizing a criminal ring in the eastern city of Donetsk.
The following is the text of the article entitled "Prosecutor-general's
heroism at work", published by the Ukrainian web site Ostrov on 22 December:
This is an address of the Donetsk-based Ostrov weekly to people's deputies,
the media and journalists of Ukraine.
Esteemed people's deputies and fellow journalists!
On 18 December 2003 Ukrainian Prosecutor-General Henadiy Vasylyev summed
up the first month of his work and said that the most important task of the
Prosecutor-General's Office is to clamp down on crime and corruption and
secure legal rights and freedoms of citizens. Unfortunately, we have to
point out that the words and declarations of the new prosecutor-general do
not match his deeds.
The whole country witnessed how Vasylyev, being a candidate to
prosecutor-general, on 7 November 2003 refused to answer MP Volodymyr
Stretovych about a link to organizing a criminal group in Donetsk Region.
However, after the then deputy parliamentary speaker [Vasylyev] was pointed
to the source of compromising information, an article by Volodymyr Boyko
entitled "In the land of unintimidated prosecutors", which was first printed
in the issues No 43-45 of our newspaper, Vasylyev said, quoting him
according to the session record: "Regarding that slanderous article - there
is a court suit and I will do everything so that the case is considered."
But the publisher of the newspaper, Ahenstvo Fortuna company, based in
Kuybyshevskyy district in Donetsk waited for court warrant in vain. Vasylyev
never appealed to court to protect his honour and dignity. However, Vasylyev
said at the above news conference on 18 December 2003 the following: "I did
not say I would go to court. I said that I reserved the right to appeal in
court. I know another thing, that those who are beside me have appealed in
court. There is a court decision, which has not been appealed against,
against the author of those articles."
As the author of the article was present at the news conference and he had
not seen any court decision about himself, he asked the prosecutor-general
to specify what court decision he was talking about, where Vasylyev got it
if he was not party to the suit, what court could have heard a case without
the publisher or the author of the article and how they can familiarize
themselves with it. The prosecutor-general refused to answer but publicly
promised to give a copy of the court decision to Volodymyr Boyko right after
the news conference.
Esteemed people's deputies and colleagues! We hereby inform you that the
prosecutor-general has not given any court decision to either the author of
the article of the publication. But Vasylyev did the following.
On the following day after the news conference, on 19 December 2003, a
bailiff came to Boyko's mother, 75-year old woman living in Donetsk. The
elderly woman was threatened that she would be deprived of her flat because
her son dare to stand against the prosecutor-general. Furniture was also put
on a list in the presence of witnesses on the basis of an unknown court
decision, a copy of which the bailiff refused to give away.
In addition, Volodymyr Boyko's mother was forcibly deprived of documents
certifying her ownership of the flat, which belongs to her and the
journalist's 8-year-old daughter. The bailiff explained that Boyko's mother
and daughter should have realized whom their son and father opposed and what
would be the result for his relatives.
We immediately took measures to establish what happened to the family of our
colleagues and protect an elderly woman from the prosecutor's arbitrary rule
because Volodymyr Boyko himself works and lives in Kiev and could not
quickly come to Donetsk.
We could establish through unofficial channels that, upon Vasylyev's order,
the Kyyivskyy district court in Donetsk, which has nothing to do with the
location of the Ostrov weekly, Judge V.Poprevych really forged an illegal
court decision. Ahenstvo Fortuna was not summoned to court at all so that
the publisher could not learn about the so-called court ruling. To give the
ruling a cover of legality, case documents mentioned the address of another
newspaper, Vecherniy Donetsk.
We learnt all that because one of Vasylyev's aides boasted to journalists
with this deed and the prosecutor-general's unlimited influence on courts.
This is what Vasylyev's phrase meant about him doing anything to have the
case considered, which he said from the parliamentary rostrum.
All attempts to obtain a copy of the court ruling to appeal against it have
failed so far. Both Judge Poprevych and the chairman of the Kyyivskyy
district court, refused to confirm or deny the existence of the court ruling
mentioned by Vasylyev at his news conference. The only person who publicly
acknowledged that he has the text of the court ruling we are looking for is
Prosecutor-General Henadiy Vasylyev. But, despite his public promise,
Vasylyev has not given away a copy of the ruling so that it cannot be
appealed against.
The journalists from our publication are addressing everybody who is not
indifferent to the facts of pressure against freedom of speech in Ukraine,
asking to help obtain from Vasylyev a copy of the court ruling approved
secretly from the newspaper publisher and author of the article so that they
can appeal against it and stop arbitrary rule regarding the journalist and
his family members.
We are calling on people's deputies and mass media to send corresponding
requests to the Ukrainian Prosecutor-General's Office and on fellow
journalists to publish the text of our address.
Editorial board of the Ostrov newspaper, 21 December 2003. (END)
=========================================================
UKRAINE REPORT 2003, No. 116: ARTICLE NUMBER SEVEN
=========================================================
7. UKRAINE'S KUCHMA HINTS HE BACKS PIPELINE REVERSAL
Reuters, Kiev, Ukraine, Friday, December 19, 2003
KIEV, Dec 19 (Reuters) - Ukrainian President Leonid Kuchma hinted on Friday
that he backed a plan to reverse a key oil pipeline which Europe hopes will
bring it supplies and urged the government to take a speedy decision on the
matter.
Ukrainian politicians have been at odds over the fate of the idle pipeline
linking Odessa in southern Ukraine to Brody in Poland, one of post-Soviet
Ukraine's most ambitious projects.
Russian oil firms want to persuade Kiev to reverse the pipe to ship oil east
and south to the Mediterranean via the Black Sea port. The United States and
the European Union back the pipeline operating in a Westerly direction to
ship Caspian oil to central Europe.
Kuchma, who has sought good relations with Ukraine's former colonial master
Russia, had taken no firm position. But his first public comment on the
issue on Friday suggested he backed the Russian plan.
"I am a pragmatic person - hands on the table: where is the oil which we are
going to transport from Odessa?" he told a news conference, suggesting he
preferred an eastward flow.
"ChevronTexaco has announced it is ready to use the pipeline merely to store
oil. That is a slap in the face for Ukraine. But we continue to play in big
politics. We should think about national interests."
Ukrainian officials announced this month an agreement with ChevronTexaco and
Kazakh oil companies on crude oil shipments to use the pipeline next year.
Vitaly Haiduk, deputy prime minister for energy, who made the announcement
and said the reverse flow plan seemed unnecessary was sacked by Kuchma
within hours.
Kuchma urged the government not to delay the decision on how to use the
pipeline any longer.
"The government will have to answer for its failure to approve the decision,
for delays," Kuchma said. "Some $500 million is buried there. What will
happen to this pipe?"
Prime Minister Viktor Yanukovich, who is to make a final decision on the
project, has never publicly backed one or the other option. Kuchma's opinion
generally proves a desive factor in government decisions. (END) (ARTUIS)
=========================================================
UKRAINE REPORT 2003, No. 116: ARTICLE NUMBER EIGHT
=========================================================
8. UKRAINE TIGHTENS CONTROL OF INTERNET, MOVES TO STAMP
OUT PORN, OUTLAWS INFORMATION THAT COULD HARM THE
HONOUR OR BUSINESS REPUTATION OF INDIVIDUALS
AFP, Kiev, Ukraine, Sat Dec 20, 3:07
KIEV (AFP) - Ukrainian President Leonid Kuchma passed a law banning
publication, including on the Internet of material promoting terrorism, the
overthrow of the state or depicting pornography.
The law makes it illegal to publish calls to overthrow the state or forcibly
change the country's constitution, material that is pornographic or promotes
terrorism, violence or discrimination.
It also outlaws the dissemination of information that "could harm the honour
or business reputation of individuals".
Under the government-proposed legislation, adopted in parliament on November
20, a state commission will be formed to identify materials of a violent or
pornographic nature and ban them from all media including the Internet.
It also forbids mainstream media from carrying print advertisements for
escort services -- the English-language Kyiv Post weekly carries many such
ads.
The press freedoms group Reporters Without Borders (RSF) last month
criticized the legislation as too vague and paving the way for increased
media censorship. The legislation does not specify the sanctions that would
apply to offenders.
The online opposition daily Ukrainskaya Pravda has also criticized the move
as part of a government plan to control information on the Internet ahead of
presidential elections due in October 2004.
Experts interviewed by AFP have said however that it is "technically
impossible" in Ukraine to exercise such control, noting that similar
attempts had failed in another former Soviet republic, Belarus, and in
Colombia.
In July, the government transferred control of Ukraine's Internet domain
from the private firm Hostmaster to the Ukrainian Centre for Information
Technology, a new body formed jointly by the state and the SBU (ex-KGB)
security agency.
Hostmaster has vowed to appeal the ruling, which it says violates commercial
laws on the non-interference of the state in the affairs of a private
company. Kuchma has been frequently criticised in the West for his
government's attacks on press freedom.
The Ukrainian opposition has accused Kuchma of ordering the killing of
Georgy Gongadze, then Ukrainskaya Pravda editor, after his decapitated body
was found in a forest near Kiev in November 2000. Kuchma has denied
involvement, but the affair has yet to be cleared up. (END)
=========================================================
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========================================================
UKRAINE REPORT 2003, No. 116: ARTICLE NUMBER NINE
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9. US AMBASSADOR TO UKRAINE DENIES FAVOURING OPPOSITION
UNIAN news agency, Kiev, in Ukrainian 1030 gmt 23 Dec 03
BBC Monitoring Service, UK, in English., Dec 23, 2003
Kiev, 23 December: US Ambassador to Ukraine John Herbst dismissed as
nonsense reports that the USA favours Ukrainian opposition parties. Herbst
said this when addressing students of the Taras Shevchenko Kiev national
university's institute of foreign relations.
Herbst said that the vote in parliament on sending Ukrainian peacekeepers to
Iraq and Liberia showed that "clearly the opposition does not hesitate to
take a stand which runs counter to our interests. Also, if you look at
pro-market opposition members voting against intellectual property
protection, it will become evident that we are dealing not with angels and
not with those who would act on our suggestions," Herbst said.
Herbst also said that opposition parties in Ukraine are quite strong but
quite often they face administrative measures aimed at restricting their
activities. "The business interests which support the opposition as well as
their colleagues in the press become the object of very close attention of
tax officers and other inspections," Herbst said.
However, one can criticize activities of the cabinet in Ukraine, and certain
media outlets are even specialized at this, Herbst said. Ukraine has "no
political prisoners in the sense that we could see them in other post-Soviet
states. Herbst said. He added however, that "major media outlets, especially
TV and radio do not reflect the variety of existing opinions. Information
broadcast by these media outlets is carefully filtered. To make it clear,
the press receive "temnyks" containing [coverage] instructions," Herbst
said.
He added that one of the most scandalous realities for Ukraine is that to be
a principled journalist is a very dangerous profession.
In his address, Herbst also touched upon political reform. He said that
Ukraine has the right to change its constitution and decide how to organize
its democratic structures. This is important to ensure, however, that these
changes benefit democratic governance, Herbst said. "One could ask
legitimate question: is it fair to change the rule at such a late stage,
because the presidential election is to take place within 10 months?" Herbst
said.
He added that "we were delighted to hear the president's assurances that he
would not run for president again but would respect the constitutional
two-term limit". He said that the USA hope that the 2004 election in Ukraine
would meet international standards and bring certain improvement to
Ukraine's electoral process. (END) (ARTUIS)
=========================================================
UKRAINE REPORT 2003, No. 116: ARTICLE NUMBER TEN
=========================================================
10. US ENVOY IN UKRAINE SAYS POLITICAL REFORM UNTIMELY
Interfax-Ukraine news agency, Kiev, in Russian, 23 Dec 03
BBC Monitoring Service, UK, in English, Dec 23, 2003
Kiev, 23 December: Political reform must not hamper Ukraine's democratic
development, US ambassador in Ukraine, John Herbst, said speaking at the
Kiev Institute of International Relations today.
"Ukraine, as well as any other society, has the right to change its
constitution. Although all countries have the right to change their
constitutions, it is important that such changes do good to the democratic
systems of their states," he said.
Herbst also expressed doubt that it is worth carrying out the reform at such
a late stage. "We can ask a legitimate question: is it honest to change the
rule of political game at such a late stage, when only 10 months are left
until the presidential election?" he asked.
Herbst also said that the USA was not going to influence the results of this
presidential election [scheduled for November 2004]. "We do not have the
right and do not want to participate in deciding who wins the election. But
we, together with the Ukrainian people, are interested in a really honest
and democratic election procedure," he said. The USA "was pleased to hear
the president's statement that he was not going to run for president again,"
Herbst added. (END) (ARTUIS)
=========================================================
UKRAINE REPORT 2003, No. 116: ARTICLE NUMBER ELEVEN
=========================================================
11. UKRAINIAN PRESIDENT TOO TOLERANT OF US PRESSURE,
PRO-PRESIDENTIAL WEEKLY SAYS
Especially from Former Ambassador to Ukraine Steven Pifer
By Serhiy Burlachenko, 2000, Kiev, in Russian 19 Dec 03; p a1, a3
BBC Monitoring Service, in English, UK, Dec 22, 2003
US pressure, especially from former ambassador to Ukraine Steven Pifer, is
increasing ahead of the 2004 elections, a Ukrainian pro-presidential weekly
has said. President Leonid Kuchma is strangely tolerant of US instructions,
the paper said, and it is high time he stood up to the interference.
The following is the text of the article by Serhiy Burlachenko, entitled
"Where is the limit of the president's tolerance?", published in the
Ukrainian weekly newspaper 2000 on 19 December:
Reader Vasyl Omelchenko from Kharkiv has sent a letter to the editor printed
on a typewriter. We emphasize this detail, since the typeface is Cyrillic,
and the author had to write many foreign words in longhand.
In particular, the letter says: "Foreign influence on the eve of the
elections is simply noticeably being stepped up, while the influence of the
West on our life, morals, culture and mentality is surely felt by each one
of us... [ellipsis as published] We fear Russification like fire, but do not
notice or do not want to notice that misfortune is moving on us not so much
from the East as from the West, from across the ocean... [ellipsis as
published] Our streets are becoming like American streets, and not from the
height of the architecture, but from the billboards. At every step...
[ellipsis as published"
There follows a long list of foreign names and brands, as if from a "proud"
Second Hand, written by the reader from Kharkiv in longhand. (This
interesting letter will be published in full in one of the coming issues -
editor).
One cannot but agree with Mr Omelchenko. In the first ranks of
Westernization are American diplomats. They have become virtually the most
active commentators on Ukrainian current affairs and forecasters of our
future. They are now claiming to be the scene-setters of the 2004 Ukrainian
elections.
The Ukrayinska Pravda Internet site (12 December 2003, 1212 [local time])
carried an interview with US Deputy Assistant Secretary of State for Europe
and Eurasia Steven Pifer.
The diplomat shares his apprehensions: "We started getting a bit nervous
over the constitutional changes taking place in the Ukrainian political
scene." One gets the impression that Mr Pifer has already exchanged his
passport for a Ukrainian one. Otherwise it is hard to understand why he
started to get nervous.
But if that was the only thing! The State Department staffer gives direct
instructions to our head of state [Leonid Kuchma]. He, for example, instead
of the Constitutional Court, determines whether Leonid Kuchma can stand for
another term.
The American diplomat is prepared to set out "all the best" that he has in
his soul. "If we have ideas about how Ukraine can better organize its
election process, we will share our ideas," Steven Pifer proclaims bluntly.
Perhaps Ukraine will suit the idea of summoning, instead of a parliament, a
loya jerga, as American advisers did in the process of establishing
democracy in Afghanistan?
Such advice would be considered impertinent in any civilized, as it is
accepted to say, state. But neither our Foreign Ministry nor president are
protesting. It looks as if Leonid Kuchma is extremely tolerant of the
presence in our country of permanent "observers of democracy".
Some analysts are constantly puffing up that theme, saying that the
Americans have some sort of "strings", with whose help they can run our
president. Or they think they can. This, of course is "tapegate" [tapes
implicating Kuchma in serious crime], with which they are always ready to
reproach the head of state, as if the presumption of innocence had
already been cancelled on instructions from Washington or, say, Berlin. In
the newspaper Ukrayina Moloda, which is sympathetic to [centre-right
opposition Our Ukraine leader] Viktor Yushchenko, on 17 December we again
read reflections of Col [Oleksandr] Zhyr, forgotten by the electorate, about
"expert analysis of the tapes" and other apparently non-topical things.
Mr Pifer is the member of the US government who is directly responsible for
developing American foreign policy regarding Ukraine. It is no secret that
the opinion of an American official of such rank is perceived by some
Ukrainian politicians as a direct "instruction from the Washington regional
committee". Surely the country's leader does not also have such a respectful
attitude to American "valuable instructions"?! Why is he forced like a
teenager to hear out instructions from State Department gentlemen?
And, of course both our Foreign Ministry people and deputies from the
coalition majority take their lead from the leader of the country. They
assume that because the president has put up with it, all the rest must act
in the same way. We have masses of low and medium-level officials who view
Mr Kuchma's - in our view excessive - tolerance as weakness, and his
patience as virtually obedience to the US State Department.
But after all, there was also the example of the "Kolchuga scandal" [when
Ukraine was suspected of supplying radar equipment to Iraq], when Ukraine
took a hard position, despite very fierce pressure from the Americans,
including the US ambassador, Carlos Pascual. What "thought crimes" did he
not suspect the Ukrainian military industrial complex of! However, having
received a firm and well-argumented diplomatic "thrashing", the Americans
were forced to stop their insinuations.
The millions of Ukrainians who voted for Mr Kuchma in 1999 are hardly in
agreement now with this position of the president. And they in no way
presupposed the possibility of being even indirectly controlled from outside
the country. If so, then why bother electing anyone at all? We could have
called the same Mr Pifer to rule the kingdom, and he would have selected a
consultative loya jerga for himself from pro-American politicians.
The voters are probably vexed with the fact that the Ukrainian head of state
is still not reacting in any way to the pressure coming from officials of
another - albeit powerful! - state. It is time for the president to say
clearly out loud everything that these figures deserve. (END) (ARTUIS)
=========================================================
UKRAINE REPORT 2003, No. 116: ARTICLE NUMBER TWELVE
=========================================================
12. UKRAINIAN PRESIDENT KUCHMA SPEAKS OUT IN HIS
END-OF-YEAR NEWS CONFERENCE
Once Again He Confirms He Will Not Run For President Again
UT1, Kiev, in Ukrainian, 19 Dec 03
BBC Monitoring Service, UK, in English, Dec 20, 2003
Speaking at his end-of-year news conference to domestic and western
journalists, Ukrainian President Leonid Kuchma has said that the USA has not
fulfilled its obligations to assist Ukraine with disposing of its nuclear
arsenal and closing down the Chernobyl nuclear plant. Kuchma praised the
recent Russian elections result and said Russia was still Ukraine's
strategic partner despite border disputes.
Kuchma ruled out the possibility of a Georgian scenario in Ukraine and said
that some western media give a distorted picture of events in Ukraine.
Kuchma reiterated that he would not run for a third term and warned
Ukrainian officials not to engage in a "witch-hunt" against foreign-financed
NGOs.
The following is an excerpt from the report on Kuchma's news conference by
Ukrainian state-owned television UT1 on 19 December; subheadings have been
inserted editorially:
[Presenter] And now a special report about today's news conference by
Ukrainian President Leonid Kuchma.
[Correspondent] This year's final news conference lasted longer than usual,
exactly two hours. The president was trying not to leave anyone out and to
answer every question. First, Kuchma thanked journalists for the support he
felt during his stay in hospital. The president traditionally began to list
the year's results with an analysis of the socioeconomic situation in the
country.
[Passage omitted: Kuchma praises the economy, notes shortcomings in certain
social issues, says Deputy Prime Minister Vitaliy Hayduk was dismissed for
not supporting idea of gas consortium with Russia.]
No third term
[Correspondent] Kuchma has once again confirmed that he will not run for
president in upcoming elections [in autumn 2004], even if the elections are
held in parliament. Kuchma is tired of trying to convince people of this,
and even began to joke about such questions.
[Kuchma] I have stated my position clearly. I do not plan to run for a third
term. But if, you know, [opposition Our Ukraine faction leader, Viktor]
Yushchenko keeps saying that I should run for president, [Socialist leader
Oleksandr] Moroz says the same, the Communists say it at every meeting.
[Smiling] Listen, don't overdo it, because I'll go ahead and agree [to run
for the third term]. [Audience laughs, Kuchma chuckles]. If the president is
elected in parliament, I will not run, even if not in parliament.
[Correspondent] In the context of statements made by some representatives of
the [parliamentary] majority about their desire to compete for the
president's seat, Kuchma said frankly that the current authorities should
field the sole strongest candidate.
[Kuchma] If you try to run for president with 2-3 per cent [of public
support], it is a pity that a person does not calculate one step ahead. If
this person is a party leader, then he must understand that he is putting a
line through his chances of being elected to parliament in 2006.
No Georgian scenario in Ukraine
[Correspondent] Many parallels are being drawn with the latest events in
Georgia [ousting of President Eduard Shevardnadze]. Kuchma expressed his
opinion on whether the events in Ukraine could develop in accordance with
the same scenario.
[Kuchma] First of all, I'd like to say that Ukrainians are not Georgians.
That is the first and very important. Second, ladies and gentlemen, go to
Georgia and look at the situation there and at the situation in Ukraine.
That is the second. And third, we have already seen an attempt to develop a
Ukrainian scenario, I mean the "Arise, Ukraine!" [opposition movement which
led to mass protests in the streets in 2002-03 but gradually died out].
Their goals were the same. I am positive that this situation cannot repeat
itself in Ukraine. Moreover, let us see what happens to Georgia next. We can
already see it splitting into four parts. Does someone want to split Ukraine
into two parts? Do not rock the boat which is already rocking on the waves
which are battering Ukraine today.
Problems with foreign policy, western media
[Correspondent] Foreign policy. Ukraine has been showing one of the fastest
rates of economic growth in Europe for the last four years. But, the
president said, this growth did not transform into definite results in the
area of foreign policy.
[Kuchma] To put it mildly, the European Union is not very sincere when it
says that Ukraine's European integration prospects depend only on Ukraine's
own efforts. I have said in the past, and I'd like to stress today that we
need to get rid of groundless illusions for quickly attaining our goal of
European integration.
[Correspondent] The president said that western media do not give an
impartial view of events in Ukraine, in particular, the events outside
parliament during the voting on the 2004 state budget [on 27 November 2003
when opposition protested against the draft budget, while coal miners
rallied in support of the budget which would give a boost to their
industry].
[Kuchma] I have a lot of respect for EuroNews, it is a very impartial
entity, so to speak, but tell me please, they showed the picture so that it
seemed as if something terrible was happening in Kiev. And they did not say
that half the people at the rally, the coal miners were in favour of the
budget, and the rest were against.
USA has obligations
[Correspondent] The president noted the fact that relations with the USA had
improved significantly, but joked that the temperature at the hospital is
normal thanks to the dead bodies. There are still many problems in relations
between Kiev and Washington.
[Kuchma] First, the Jackson-Vanik amendment, second, market economy status,
third, the World Trade Organization, and Pavlohrad. The USA has an
obligation to dispose of the missiles, launch shafts and fuel. We have
hundreds of tonnes [of nuclear fuel] in Pavlohrad. Do we want to have
another Chernobyl? Hundreds of tonnes. I don't even want to say an exact
figure. But today the US Department of Defence wants to avoid this problem.
How long can they avoid it? They have avoided the Chernobyl plant.
There is a remark that Ukraine must sign a deal with the European Bank for
Reconstruction and Development to complete [construction of nuclear
reactors] in Rivne and Khmelnytskyy regions. We have been begging since
1995, asking them, saying that they have made a promise. We are not asking
for handouts, we are asking only for a loan. It is not a grant. But they
list their conditions. There were no conditions in that agreement.
The main condition was that we close down three reactors and they give us
money to complete the other two plants. But this great desire to help
Ukraine appeared only after Ukraine had decided to complete. You see,
someone visited the plants, even with me. We will be on schedule with
completing the reactors next year.
Russia still strategic partner
[Correspondent] As for relations with Russia, the president reiterated that
the northeastern neighbour was and will be a strategic partner, even after
the conflict around Tuzla [disputed island between the Azov and Black Sea].
[Kuchma] I am glad that this event took place. Please understand under which
angle I am saying this. I was glad because I could see how our society
reacts, how the authorities can defend their interests. And how our
political elite reacts.
As for the parliamentary elections in Russia, I have already said something
on this. First of all, this is the choice of the Russian people. We must
accept it as it is. Russia has gained political stability for four years. I
just envy them.
[Correspondent] As for other foreign policy issues, the president again
stressed the importance of protecting Ukrainian citizens abroad and warned
against passive bureaucracy when Ukrainian planes and ships are arrested in
foreign ports. Kuchma urged officials to learn how to defend national
interests. As for the Ukrainian embassy in Baghdad, it will not be open for
now.
[Kuchma] We will never send people to Baghdad until we are sure that it is
safe. Nobody can guarantee this today. Therefore, we agreed with the
Minister [of Foreign Affairs, Kostyantyn Hryshchenko] not to rush this. He
has just returned [from Baghdad], I think he has shared his impressions with
you. He said one could feel the tension in Baghdad. He said he could breath
easily only after arriving at the Ukrainian base.
[Correspondent] As for the Odessa-Brody pipeline, the president said once
again that the government is responsible for this issue and the cabinet will
have to answer if the decision is not taken.
[Kuchma] As for the reverse [use of the Odessa-Brody pipeline], I said
absolutely clearly, that I would support any decision, but a decision must
be taken. Please tell me, [engaging a person in the audience] you represent
the Polish media. Have some Polish businesses expressed their willingness to
participate in this consortium? No, they have not. I can tell you, they are
saying: "You tell us what oil you will have in Brody on the Polish border
and at what price, then we'll talk."
No `witch-hunt' against NGOs
[Correspondent] The president is not against NGOs financed by foreign grants
in Ukraine. These entities would only help to develop a civic society in
Ukraine. The president said that the main thing is that they must not
interfere in the election process.
[Kuchma] I want to say today, I do not advise our authorities to hunt for
such organizations, to engage in a witch-hunt. I do not understand this and
I will not tolerate it.
[Correspondent] At the end, Kuchma again passed his greetings on St Nicholas
Day and wished everyone to have at least a drop of an elixir of health.
(END)
=========================================================
. "UKRAINE REPORT 2003," No. 116: TUESDAY, DECEMBER 23, 2003
MERRY CHRISTMAS, DECEMBER 25, 2003
MERRY CHRISTMAS, JANUARY 7, 2004
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