Honouring of obligations and commitments of Ukraine
Recommendation 1513
(2001)
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly debate
on 26 April 2001 (14th Sitting) (see Doc. 9030, report of the Committee
on the Honouring of Obligations and Commitments by Member States
of the Council of Europe (Monitoring Committee), rapporteurs: Mrs Severinsen
and Mrs Wohlwend). Text adopted by the Assembly on 26 April 2001
(15th Sitting).
- Thesaurus
2. Notwithstanding a few positive steps taken by the Ukrainian
authorities, notably the ratification on 4 April 2000 of Protocol
No. 6 to the European Convention on Human Rights, following the
ruling of the Ukrainian Constitutional Court that the death penalty
is unconstitutional, the Assembly considers that the President,
the Government and the Parliament (Rada) of Ukraine have failed
to implement the commitments and obligations of Ukraine as a member
state of the Council of Europe.
3. In this respect, the Assembly recalls the firm commitment
of the Ukrainian delegation and the leaders of the parties and factions
of the Rada that the commitments of Ukraine in the legislative field
and listed by the Assembly in its Opinion No.
190 (1995) will now be fulfilled.
These commitments include:
i a framework
act on the legal policy of Ukraine for the protection of human rights;
ii a framework act on legal and judicial reform;
iii a new criminal code and code of criminal procedure;
iv a new civil code and code of civil procedure;
v transformation of the role and functions of the prosecutor’s
office.
Furthermore Ukraine should finalise the
interrupted ratification process of the European Charter for Regional or
Minority Languages and ensure adequate protection for all minority
groups in Ukraine.
4. The Assembly is concerned by the murders of journalists, repeated
aggression against and continuing intimidation of journalists, members
of parliament and opposition politicians in Ukraine, and the frequent
and serious abuses of power by the Ukrainian executive authorities
in respect of freedom of expression and of assembly.
5. Therefore the Assembly urges the Ukrainian authorities, notably
the President, to put an end to the practice of intimidation and
repression of opposition politicians and the independent press,
and to take all necessary measures to discourage and curb attacks
and threats against journalists and other media representatives.
Moreover, it repeats its call on the relevant Ukrainian authorities
to improve the general framework in which the media operate, as
it is set out in paragraph 5 of Resolution 1239 (2001) on freedom
of expression and the functioning of parliamentary democracy in
Ukraine:
i speedy and transparent
investigation into all cases of violence against and the death of
journalists;
ii immediate abolishment of regulations and practices which
allow for the closure, without judicial decision, of media outlets
and the termination of broadcasting;
iii adoption without any further delay of amendments to the
legislation concerning fines or damages for libel and the decriminalisation
of libel;
iv amending the Law on the National Television and Broadcasting
Council in line with the expertise provided by the Council of Europe;
v creation of equal conditions for the functioning of all
media, namely by amending the 1997 Act on Government Support for
the Media and Social Protection of Journalists;
vi stopping practices which place pressure on the media through
the leverages of printing and distribution;
vii promotion of public service broadcasting;
viii ratifying the European Convention on Transfrontier Television.
6. At the same time the Assembly notes that recently some steps
have been taken by Ukraine with a view towards fulfilling the provisions
of Resolution
1239 (2001):
- the decriminalisation of libel
with the adoption of a new criminal code;
- since January 2001 no closures, without judicial decision,
of media outlets, or instances of pressure on the media through
the leverages of printing and distribution have been reported;
- on 13 April 2001 the President of Ukraine set up a working
group to prepare the establishment of a network of public television
and broadcasting;
- in January 2001 the Supreme Court of Ukraine recommended
to the courts that “reasonable limits” be applied in the review
of cases involving libel and defamation of character.
The
Assembly reiterates its appeal to Ukraine to continue working towards
the implementation of legal and other mechanisms so as to secure
the free and unimpeded activity of Ukraine’s mass media.
7. The Assembly believes that only the respect for human rights,
pluralist democracy and the rule of law, notably due legal procedures,
genuine freedom of the press, of expression and of assembly without
fear of reprisals – combined with a serious political dialogue –
can help lead Ukraine out of the current political crisis. It calls
on all parties involved in the crisis – political parties, parliamentary
and extra-parliamentary opposition and the President – to assume
their responsibilities and to engage in a meaningful political dialogue
without delay but in full respect of each other’s democratic prerogatives.
The Assembly, in this respect, urges the Ukrainian authorities to
provide the democratic opposition with airtime on state television
and radio channels immediately.
8. The Assembly expresses also strong support for attempts to
reform the political process and strengthen civil society, to establish
a genuine separation of and balance between executive, legislative
and judicial powers, as well as a truly open, honest and accountable
system of government.
9. The Assembly regrets that hitherto its previous resolutions,
in particular Resolutions
1194
(1999) and
1239
(2001), have apparently not convinced the Ukrainian authorities
of the need to take without delay a number of measures to meet Ukraine’s
obligations and commitments as a member state. In accordance with its
Resolution 1194 (1999) the Assembly decides therefore that, should
no substantial progress in honouring these obligations and commitments
be made by the opening of its June 2001 part-session, it shall consequently consider
imposing sanctions against the Ukrainian parliamentary delegation
in accordance with Rules 6 to 9 of its Rules of Procedure.
10. The Assembly recommends that the Committee of Ministers:
i pay due attention to the position
of the Parliamentary Assembly in respect of the honouring of the obligations
and commitments by Ukraine;
ii should no substantial progress be made by the opening
of the Assembly’s June 2001 part-session, consider suspending Ukraine
from its right of representation, in conformity with Article 8 of
the Statute of the Council of Europe;
iii intensify the co-operation programmes between the Council
of Europe and Ukraine, specifically by searching for additional
financial resources, notably for the implementation of the Action
Plan proposed by the Secretariat, with a view to assisting the Ukrainian
authorities in their efforts to effectuate the difficult transition
to democracy and to secure fundamental rights and liberties, particularly
as regards freedom of expression and the media.
