Ake PETERSON: The way to the EU lies via the Council of Europe

Many Ukrainian politicians have recently expressed doubts about whether the existence of the Council of Europe is justified, taking into account the fact that this organization is gradually losing its authority and cannot influence, above all, its largest member, the Russian Federation, which does not fulfil the obligations it undertook with regard to human rights.

What role will the Council of Europe play in the future? Does it have any tools to influence its member countries? How is Ukraine fulfilling its obligations before the Council of Europe? What conventions does our parliament need to approve in order to implement European standards? What concrete things is the Kyiv office of the Council of Europe doing or intends to do in the near future? These questions are raised in The Day’s interview with Ake PETERSON, CE Secretary General’s representative for coordination of cooperation programs with Ukraine.

“THE COUNCIL OF EUROPE’S ROLE WAS AND REMAINS IMPORTANT AND INFLUENTIAL”

Mr. Peterson, it is no secret that more European countries are becoming EU members and submit to this community’s decisions. Besides, nearly all European countries are members of the Organization for Security and Cooperation in Europe. The activity of these two organizations has much in common with what the Council of Europe is doing. In this case, does the organization you represent in Ukraine have any future?

“I think that all the abovementioned organizations have room for their activity. We do not compete, and the spheres of the activity of organizations you have mentioned do not lie in the same plane. In my opinion, legal standards of democratic ideals and democratic development remain within the framework of the Council of Europe, for the activity of other organizations is based on the assessments made by different institutions operating within our organization: the CE experts, the Venice Commission, and the European Court of Human Rights. New standards are also being developed in the Council of Europe.

“Still, you are right in saying that in many aspects the activity of the EU, OSCE, and CE coincides. But what we have here is a positive mutual supplementation and expansion of the sphere of applying best practices. For example, the Lisbon Treaty, which I hope will soon be approved by the EU, contains an article that stipulates that the entire Convention on Human Rights should be adopted unchanged as part of the EU acquis communitaire. This fact acknowledges that the Council of Europe’s role was and remains important and influential.

“Meanwhile, other organizations should do their work. We don’t compete here, although we cooperate on many questions where our goals meet. For example, last week the Venice Commission, which is a body of the Council of Europe, and the OSCE Office for Democratic Institutions and Human Rights prepared a new expertise of the proposed amendments to the Ukrainian law on presidential elections.”

“WE SHOULD FIGHT FOR DEMOCRACY BOTH INDIVIDUALLY AND TOGETHER”

Does the Council of Europe have tools to help member countries uphold standards?

“These tools include the mechanisms of the Committee of Ministers, the Parliamentary Assembly of the Council of Europe, the Congress of Local and Regional Authorities, and the Conference of International NGOs. Efficient work of these mechanisms is an mandatory condition for the normal development of countries that are members of the Council of Europe.

“Ukraine is represented in a proper way and it takes an active part in the work of all these institutions, which hold regular debates on your country and other states. They also discuss how citizens can be empowered in democratic conditions. For example, the Forum for the Future of Democracy, which is dedicated to elections, is taking place in Kyiv this week. This pertains not only to the Ukrainian challenges but also to our common views on the future of democracy in all countries. We should fight for democracy, both individually and together.”

But there are countries that do not recognize the pan-European standards. In particular, the prime minister of Russia has recently stated that the West has no standards. What should be done if some country does not recognize the European standards?

“There always will be politicians who will be saying that there are double standards and that they have nothing to do with them. Of course, coercion cannot help in this situation. Every country decides on its own whether to implement and keep to these standards. And Ukrainian people should express their will and say whether they want to keep to these standards. If this will is in place, the Council of Europe will offer suitable tools to realize it.”

SIGNED CONVENTIONS AND STANDARDS

What happens if a country undertakes obligations but fails to fulfil them?

“The Council of Europe has a very complicated system. At first, legal documents, conventions, charters, and agreements that set the standards, specifically those on human rights protection, are signed and ratified. Then these standards should be implemented and upheld. And this is difficult.

“The state voluntarily undertakes an obligation to enforce certain standards, which already forces it to fulfil its obligations. I am speaking about various documents, such as European Convention on Human Rights, the conventions to fight corruption in the context of criminal and civil law, Convention on Laundering, Search, Seizure and Confiscation of Criminal Proceeds, documents determining the social standards, the European Charter of Local Self-Government, and a number of other important documents.

“Ukraine has ratified a sufficient number of conventions, and its citizens have the right to demand that the standards they set be upheld. This poses a challenge for governmental bodies, which have to fulfil the obligations undertaken by the state. I think that there are a sufficient number of tools to implement this. Ukraine should have the political will and belief that this should be done. Our role is to assist the forces that want to implement this. I believe Ukrainians should demand the necessary steps from their politicians.”

Is the denial of the right to vote in the PACE no longer need as a tool?

“This is an extreme measure, which, in general, is rarely applied. The PACE has the right to demand of Ukraine the fulfilment of its obligations. I think that politicians who are working in the Monitoring Committee, make direct assessment, and prepare recommendations concerning the obligations fulfilled by Ukraine treat Ukraine in a friendly way. In my opinion, one should take seriously the recommendations that are well-considered.”

“DEEP TRUST SHOULD EXIST BETWEEN CITIZENS AND POLITICAL FORCES”

Could you list the laws or conventions that Ukraine fails to fulfil?

“New aspects appear after visits of our monitors or rapporteurs. I can say that the question of the judiciary system, which is not operating properly, is regularly raised. Besides, everybody should be given access to an independent judiciary system.

“But the problem is that today we are speaking not about the standards to secure the system’s operation, but about a way to form and implement them. Deep trust should exist between citizens and political forces. This question cannot be resolved without such trust.

“Our role is to assist in establishing trust among the political leaders in order to implement judiciary reforms. I think that there should not be too many questions of priority.

“In my opinion, the judiciary reform and combating corruption are linked with the creation of independent structures and the emergence of independent officials who should work only to meet the society’s needs and will not depend on the political influence.”

THE CONSTITUTION AND THE STANDARD OF LIVING

How do you assess Ukraine’s debates on the Constitution? Is it indeed a problem for our country’s development? Some people say that the Constitution is imperfect and should be amended, whereas others say that it should be enforced together with other laws.

“I can only make reference to the opinion of the Venice Commission experts who believe that improvements should be made to what you have. There is no need to start everything from a scratch.”

What conventions or laws should Ukraine implement in order to raise the living standards of its citizens?

“Above all, the question refers to the European Code of Social Security and the European Social Charter. At the moment, Ukraine has ratified 60 different CE agreements, while 24 more agreements have been signed but not yet ratified.

“The system of the Council of Europe is quite complicated but influential at the same time. Its establishment took nearly 60 years and is aimed at securing the future of consolidated democracy.

“I am impressed with what Ukraine did in the 1990s, when it did not have any EU membership prospects. Now a lot is being said about the European Union. This is good, but the way to the EU lies only via the legal space of the Council of Europe, through the implementation of this organization’s standards. Once all these conditions are implemented, the way to the EU will be easier.”

What short-term tasks does your office face at the moment?

“Our cooperation with Ukraine is based on the common Action Plan of the Council of Europe. This plan was developed on the basis of the proposals made by Ukrainian institutions and relevant Strasbourg recommendations, which were prepared according to the results of various monitoring processes. In particular, the plan envisages that measures will be taken to combat corruption and money laundering, violence against women and children, media sector reform, and adaptation of Ukraine’s legislation to new technologies.

“This year the Office of the Council of Europe has started to show films on human rights protection within the framework of the Molodist Cinema Festival. We hope that the films that received awards of the Council of Europe and will be shown in Ukraine for the first time — Bamako (Mali – France), Buick Riviera (Croatia), and Birdwatchers (Brasil – Italy) – will generate interest in the Ukrainian audience. We also hope that the participants of panel discussions, which will be held within the framework of this festival, won’t remain indifferent to the problems raised in the films presented at this session.

“The Office of the Council of Europe is helping Ukraine to get ready for the large Forum for the Future of Democracy. Many forum participants will arrive in Kyiv to meet in the Ukrainian Home and discuss questions linked to the challenges of democracy due to elections. Ukraine has volunteered to host the forum in Kyiv.

“We are also working to make the CE bodies and mechanisms of this organization’s activity clearer to people. Of course, information on the European Court of Justice is widely known, because a lot of submissions from Ukraine have reached this court.”