28/02/2014 Monitoring
The Monitoring Committee of the Parliamentary Assembly of the Council of Europe (PACE), meeting in Malta on 27 and 28 February 2014, expresses its strong support for the territorial integrity and national unity of Ukraine following the recent change of power in the country. It therefore calls upon all political forces in the country, and in particular those represented in the parliament, to refrain from any action or rhetoric that could undermine national unity or give rise to separatist sentiments. In this respect, it calls on all member States of the Council of Europe to strictly respect the principles of territorial integrity and national sovereignty and not to incite or give support to any separatist or secessionist actions or movements. Any calls for or threats of military intervention run counter to international law and are therefore completely unacceptable.
The re-enactment of the 2004 Constitution, on the basis of the agreement signed by all political forces, has resulted in a welcome redistribution of powers between the President and parliament. However, the committee recalls that on several occasions the Assembly has expressed concern about some provisions in the 2004 Constitution, especially the provisions that undermined the independence of the judiciary. The committee therefore considers that the Verkhovna Rada, as a matter of priority and urgency, should adopt a revised constitution that is fully in line with European standards. The assessments in recent years by the Venice Commission of the different draft amendments to the Constitution could provide an appropriate basis for such constitutional amendments.
The committee notes that the Verkhovna Rada, as the main legitimate democratic power in Ukraine, has strived to ensure that its decisions, and especially the establishment of a new government, have taken place within the legal boundaries established by the 2004 Constitution. At the same time the committee regrets that some of the decisions of the Verkhovna Rada, such as repealing the law on languages, have been contentious and undermined the unity of the country. It calls upon the Rada and the newly-appointed government to refrain from any decisions that could divide Ukrainian society and to make it clear in all of its action and rhetoric that the rights of all groups in Ukraine will be fully respected and ensured. In this respect, it calls upon the Rada to adopt a new law on languages that is fully in line with the Venice Commission recommendations and the requirements of the Framework Convention and Charter on Minority Languages.
It is crucial to ensure and strengthen the democratic legitimacy of the governing structures in Ukraine. The committee therefore supports the early presidential elections, called for May 2014. The presidential elections should be followed by early parliamentary elections to ensure that the Rada has full legitimacy as the representative of all the citizens of Ukraine. The legislative elections should take place as soon as a new election code has been agreed upon. The committee recommends that the Verkhovna Rada consider adopting the draft unified election code of the Kliuchkovsky working group, which was drafted with the participation of all political forces and in close co-operation with the Venice Commission. Doing this could ensure legislative elections in the shortest possible time.
A full investigation into all human rights violations in the context of the Euromaidan protests, irrespective of who committed them, is needed more than ever. The advisory panel proposed by the Council of Europe could help ensure that these investigations take place impartially and transparently. Care should be taken that such investigations do not result in politically-motivated prosecutions and retribution. The extraordinary events of the last month have led to an increase of armed groups in Ukrainian society. Their continued existence could in the long run undermine the democratic functioning of the State and lead to an increase in tension. A comprehensive strategy for the decommissioning of all armed civil groups in Ukraine should therefore be developed by the Ukrainian authorities.
The committee is convinced of the crucial role that the Council of Europe and its Assembly can play in developments in Ukraine, especially with regard to the adoption of a new constitutional framework and a new unified election code. Given the central role played by the Verkhovna Rada, which is the statutory counterpart of the Assembly, the committee requests that its co-rapporteurs on Ukraine visit the country as soon possible and as often as necessary to ensure a continuation of the constructive dialogue with the authorities and all political forces in Ukraine. In addition the committee has decided to request an urgent debate on the recent developments in Ukraine at the April part-session of the Assembly.
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PACE’s Group of the Unified European Left (UEL) has proposed to hold a current affairs debate on the political crisis in Ukraine at the forthcoming meeting of PACE’s Standing Committee in Paris on 7 March.