Is the European dream any closer to reality?

The Council of Europe is primarily about respect for human rights. Upon joining this organization a decade ago, Ukraine undertook to defend democratic values. Judging by the fact that the Ukrainian parliament has ratified only 47 of the 194 Council of Europe documents, there is still a long road ahead of us. Yet all these documents are worthless unless citizens learn to stand up for their rights. We have made some progress in this direction. Last year, owing to Ukraine’s membership in the Council of Europe, the European Court heard 13 cases brought by Ukrainian citizens. According to Ukraine’s foreign ministry, 36 claims have been filed this year. So have we finally learned to defend our rights? The following experts answer this question.

“IT IS BETTER TO BE EUROPEAN IN KIND, NOT ON DEMAND”

Roman LUBKIVSKY, poet and chairman of the Taras Shevchenko National Award of Ukraine committee, extraordinary and plenipotentiary ambassador of Ukraine:

“We must understand clearly what Europeanism and European standards really mean. They mean both a certain social level and respect for laws. Meanwhile, our values are very much skewed. I cannot picture, say, a Czech upholding some other state values. I mean the ideology of leftists, communists, and other little parties that do not support communication in the language of the country they live in. It seems to me that behind all of this is the concept of Sovietism — a mindset that makes a person feel like he is a tiny screw that does not make any decisions, is afraid to come forward with an initiative or undertake some responsibility, and thinks that somebody else, not he, will make his life better. Europeanism is a complex notion. We must mature to attain this ideal. We must work hard to secure personal independence, the way other nations have done it — Slovakia, the Czech Republic, Poland, etc. This requires daily work of the pen, hands, and intellect. This requires work that is characterized by tolerance. Aggression is our great misfortune. We are accustomed to looking for enemies. Meanwhile, we must understand that new times are coming, along with new people, and we will have to live with such people. Individuals who come to power should not base their policies on hatred. What kind of policy justifies wholesale replacements of officials? Efficiency, professionalism, and the ability to make decisions quickly should be the main selection criteria. Moreover, people change and to deny them the right to change their opinion and grow spiritually is not a sign of Europeanism.

“The ten years since Ukraine became a member of the Council of Europe have brought us somewhat closer to European standards. I must say, however, that it is a structure that has fully developed its specific criteria and patterns, and it does not always delve into other countries’ specifics and particulars. It is a good thing to carry out a task in such a way that every minute detail is perfect. But it is better to be European in kind, rather than fulfill a long list of requirements without any feeling in one’s heart. We have tremendous emotional and spiritual reserves, even though we have fallen behind in some other spheres, especially the economy. However, we will only succeed by trying to comprehend everything and observing the world with our eyes wide open.”

“EUROPE IS NOT ABOUT MERCEDES AUTOMOBILES. IT IS ABOUT PERSONAL CULTURE”

Pavlo CHUCHKA, member of the Uzhhorod Municipal Council and head of the civic association, Carpathian Home:

“Words and deeds are very far apart. We are just now beginning to realize what Europe really is. It is not about Mercedes or BMWs or European singers. It is primarily about personal freedom, personal culture, and an understanding of clear boundaries in dealing with other people. It is primarily about responsibility to oneself, not to the court. It is very hard to become a European. It is very hard to be one. It is very hard for a person with a European mindset to drive on our potholed roads without criticizing those responsible for the state of Ukrainian roads. It is far from European to spend a whole week trying to obtain some slip of official paper from the housing department. To be a European means to be a civilized person.”

“AN OFFICIAL EXISTS FOR THE MAN IN THE STREET, NOT THE OTHER WAY AROUND”

Viktor SHCHADEY, member of the Zakarpattia Oblast Council, Uzhhorod:

“Unfortunately, our people have yet to realize that they must fight for their rights and defend them by all means possible. Few people are prepared to stand up for their rights until the end. You can count on the fingers of one hand the residents of Zakarpattia who have appealed to the European Court to defend their rights. What does this mean? Only one thing: we do not believe in justice, i.e., we do not believe that we can defend ourselves and that it is worth doing this. Meanwhile, this is the first step toward the realization of being a full-fledged person and, by extension, a European. To live the European way means to feel like a person in the fullest sense of this word, to know your rights and possibilities, etc. And, of course, this requires changing the mindset of our officials. They must realize that their main purpose is to protect people and their interests. This is the purpose they serve, not the promotion of their own interests. A civil servant exists for the man in the street, not the other way around.”

“WE ARE CAPABLE OF DEFENDING OUR RIGHTS, BUT DON’T KNOW HOW”

Fedir SHANDOR, Professor of Sociology at National University of Uzhhorod:

“Why are we not living the European way? Because we do not want to. Our parents were not taught to live the European way, whereas our grandparents were afraid of living that way under the totalitarian regime lest they be incarcerated. Many of us do not want this because we have grown accustomed to a single newspaper, television channel, type of sausage, or bread. Have we learned to defend our rights? We do not know what rights we have. Many people have heard about the Constitution, but few read it. Then they accidentally learn that the Orange Revolution was the nation’s attempt to defend its rights. The people have the right to protest and speak out freely. We have shown that we are capable of defending our rights, but do not know how. As for Ukraine’s ten years of membership in the Council of Europe, I am happy for Ukraine. I only feel sorry for Ukrainians, most of whom do not know that they are in the Council of Europe. This is not the fault of the people but the government, which did not publicize this, did not do anything, and is still doing nothing.”

“FEW SUCCEED IN GETTING THROUGH TO THE EUROPEAN COURT”

Serhiy SALOV, Donetsk-based attorney, who repeatedly defended his rights in Ukrainian courts and the European Court:

“I think we are unable to defend our rights, nor can we live the European way. There is virtually no propaganda about fair justice in the country. People do not believe in justice. They do not trust law enforcement or prosecution. Meanwhile, the courts have immense power. A regular district judge can do a great deal. He can restrain a policeman who went over the top and tried to beat a confession out of a suspect. He can quash a criminal case or acquit the defendant. But for some reason this is not done here. Almost no verdicts of “not guilty” are handed down in our country. I can recall only one recent acquittal, when Verediuk was cleared of charges in the Aleksandrov murder case. And what happened then? The judge who handed down this not-guilty verdict resigned, even though he was still years away from retirement. Unfortunately, Ukrainians cannot find protection here, which is why very often their only hope is the European Court.

“It is definitely a good thing that our citizens now have an opportunity to defend their rights in the European Court. However, it is very hard to get through to it. The European Court has a large set of criteria for accepting a case for consideration. Not all of these criteria are fully comprehensible to us, and Ukrainians, unfortunately, do not have sufficient knowledge of legal matters to be able to defend their rights normally under such conditions. As a result, few succeed in getting through to the European Court. Moreover, Ukraine has very few attorneys willing to provide assistance with filing claims at the European Court. Only Kyiv has an office that can potentially provide assistance to implement conventions, but it is simply not enough to cover all of Ukraine. Moreover, even if your claim is accepted at the European Court, a verdict sometimes takes several years.

“On the other hand, the very possibility of appealing to this court of last resort is a positive thing, since it increases the European culture of our citizens and raises their legal awareness. Now that we are marking the anniversary of Ukraine’s membership in the Council of Europe, I would like to stress that we must develop the justice system in our country. Today our people simply do not believe that somebody can defend them, and it should not be this way. We must learn to live the European way.”

“A MINER’S RIGHTS ARE HIS LAST CONCERN”

Serhiy OSTAPENKO, director of the Barakov Mine of the Krasnodonvuhillia Coal Mining Company:

“I believe that Ukrainian citizens will see European standards of life after about 30 years, provided the Old World stops developing, whereas we will strive to the utmost to attain their heights. Right now they are simply unattainable. I will speak about my enterprise in particular. Many readers of The Day must remember the horrible tragedy that occurred five years ago, when 80 miners were killed in our coal mine. The accident was blamed on human error. Then the government finally realized our problems and provided funds to eliminate the consequences of the accident and replace obsolete equipment. Still these fire prevention measures and methods failed to resolve the fundamental problem: the coal mine needs to be modernized. The coal deposits of our enterprise will last for 20 years of profitable operation. Only once we got a private investor did we manage to start resolving problems that have been accumulating since independence. A complete overhaul of the coal mine cost 21 million hryvnias, the lion’s share of which came from the new investor. Perhaps this is our Ukrainian way toward European standards? Defending miners’ rights is a very painful issue. It’s common knowledge that every million tons of Ukrainian coal come at the cost of several human lives. But people have no other choice, since the infrastructure left over from the Soviet period often means that a mine is the only place of employment for residents of entire settlements. Now that 43 mines have been shut down in Luhansk oblast as part of the so- called restructuring of the coal mining industry, a miner treasures his job. His only mission is to support his family, which is why the problem of defending his rights is the miner’s last concern. Everything is completely different in Europe. Therefore, I believe that it is the employer’s responsibility to defend his workers’ rights.”

“LITTLE HAS CHANGED”

Volodymyr MYKHAILYSHYN, chairman of Civic Forum, an association of civic organizations in Dnipropetrovsk oblast:

“In the ten years since Ukraine joined the Council of Europe little has changed here, unfortunately. We have still not learned to defend our rights the European way, neither at the domestic nor at the political level. The system of providing legal assistance to citizens and raising awareness of their rights and duties is still embryonic. Access to necessary information is minimal. I cannot give any serious consideration to statements from representatives of the new leadership to the effect that a civil society has formed in Ukraine, whose representatives gathered in Independence Square. Unfortunately, this was only an upsurge of protest sentiments, which has given way to profound apathy, disillusionment, and indifference to what is happening now. We must face the fact that people here cannot defend their rights systematically, the European way, because a civil society has not formed here yet. Throughout its existence our state has always strived to preserve its monopoly on power; it never wanted to share it with civil institutions. We must break this trend. Only then will civil society mechanisms finally start to work here as well.”