Ukraine and the reforming of a united Europe

Joining the Council of Europe (CoE) was Ukraine’s first step toward European integration. Though in 1995 there were quite a few opponents to this step, as the political leadership was reluctant to assume the related obligations and afraid of the ensuing oversight, the relevant documents were signed in Strasbourg by the then Prime Minister Yevhen Marchuk. Today it is hard to deny that, despite all the challenges the young state faced due to its backwardness as compared to developed European nations, joining the CoE is associated with real progress in the reforming of Ukrai-nian legislation and a real step toward becoming a part of united Europe.

On May 11, for the first time in 16 years, Ukraine began its chairmanship of the CoE’s Committee of Ministers, taking over from Turkey in Istanbul, during a meeting of foreign affairs ministers. For six months the Committee of Ministers will be presided over by Ukraine’s Fo-reign Minister Kostiantyn Hryshchenko. Ukraine will start its chairmanship at a particularly responsible moment, as the organization itself has embarked upon fundamental reforms. What are the expectations Ukraine has to live up to in the CoE? What do the reforms undertaken by this organization aim at? Look for the answers to these questions in The Day’s special interview with Thorbjorn JAGLAND, Secretary General of the Council of Europe.

The goal of your visit to Ukraine, aside for participating in the activities dedicated to the 25th anniversary of the Chornobyl tragedy, was to discuss the Ukrainian chairmanship program with the Ukrainian authorities. Please, give your assessment of the Ukrainian program. What are your expectations?

“The Council of Europe is looking forward to the first-ever Ukrainian chairmanship of the Committee of Ministers, from May to November 2011. Ukraine has set three main priorities: the protection of children’s rights; the promotion of human rights and the rule of law in the context of democracy and stability in Europe; and the strengthening and development of local democracy.

“Ukraine will take over the Committee of Ministers’ chairmanship only a few weeks after the adoption of the ‘Izmir Declaration’ (April 27) on the future of the European Court of Human Rights. It will be a challenge for Ukraine to follow up and maintain the momentum of the process of reform of the supervisory machinery set up by the European Convention on Human Rights, a process launched by the Interlaken Conference in 2010.

“Ukraine’s Chairmanship also comes at a time when the Council of Europe’s Group of Eminent Persons will deliver its report and recommendations within the context of the pan-European project ‘Living together in 21st-century Europe.’”

During your meeting with the head of the Verkhovna Rada Volodymyr Lytvyn you pointed to reforming the judicial system, the constitutional process, and the draft of the election code as the issues of greatest importance for the CoE. What is your assessment of the present-day constitutional process and the condition of the Ukrainian judicial system? Do you feel the Ukrainian government has sufficient political will to move the process forward?

“Constitutional reform is of great importance, [notably in regards to] the need to ensure a stable framework and a level playing field for all political actors and currents of political opinion in the country. The Venice Commission has been active in such issues in the past, and I am sure that the authorities – as indeed they have stated — will take on board the comments and proposals of the Venice Commission on important pieces of legislation that will be developed in the coming months.

“This assistance and experience, provided to Ukraine before and through the 15 years of its membership will also be pursued with a view to furthering Ukraine’s aspirations to join the European Union. The country’s expressed commitment to fulfilling the Copenhagen criteria will benefit in actual terms through an increased and targeted assistance founded on a strengthened and more structured trilateral cooperation of the Council of Europe, the EU, and the Ukrainian authorities, particularly through Joint CoE / EU Programs.

“Such assistance will help create a Ukraine that is internally more democratically secure and stable. This is important not just for Ukraine, but for the rest of Europe too, as a stable Ukraine, with strong institutions and well-functioning democratic practices, is also a guarantor of stability in the wider region.”

Last spring, during his first visit to Strasbourg, Ukraine’s President Viktor Yanukovych promised that by April 2011 Ukraine would have fulfilled its engagements toward the Council of Europe. Has he made good on that promise over the last year?

“I welcome the recent Decree signed by President Yanukovych, laying the foundations for work on reforms that will enable Ukraine to fulfill its outstanding commitments to our organization, both before and during its chairmanship.

“This commitment shows the willingness of the political authorities to transcend internal differences with a view to ensuring that it looks to the needs of the population in its entirety, bearing in mind the benefits that would undoubtedly accrue from a fully cooperative approach between the Council of Europe and all relevant actors in Ukraine in seeking to improve the lives of the population.

“I welcome the opportunity that Ukraine’s six-month Chairmanship of the Committee of Ministers will provide for [Ukraine] and the Council of Europe to work in close cooperation on finding solutions to common problems affecting all of Europe and its citizens. We already have a good experience of cooperation with Ukraine, through the Action Plan that we have been conducting since 2008 on cooperation activities, in favor of assisting with the fulfillment of the country’s commitments towards the Council of Europe.

“This is not to say that all is bright in Ukraine. The Council of Europe has expressed its concern to the authorities about recent allegations regarding the curtailment of media freedom; Ukraine has committed itself to respecting the highest European standards concerning media freedom, and we will watch closely to make sure that these standards are respected.

“The same holds true for freedoms of assembly and of expression in general; a vibrant civil society – which Ukraine has certainly shown itself in the past to have – is essential for providing criticism and analysis for all democracies and helping to guarantee respect for human rights, open debate and freedom for people to meet and organize.

“However, we remain ready to assist in reforms enabling Ukraine to fulfill outstanding commitments to the CoE, especially in the areas of the judiciary, the media, and – a subject to which we pay particular attention and which I know is of major concern in Ukraine — the fight against corruption.”

Pro-government politicians in Ukrai-ne emphasize the importance of canceling the monitoring of Ukraine. Conversely, members of the opposition speak about aimlessness of such a step. What is your opinion concerning this situation? Is monitoring an effective instrument to stimulate the state to carry out reforms?

“Decisions on Ukraine’s obligations and commitments lie with the Parliamentary Assembly. In its 2010 report on the functioning of democratic institutions in Ukraine, the PACE Monitoring Committee outlined a series of recommendations, which in its view are crucial to ensure that the reforms will meet European standards and principles. It stressed among others that it will not be possible for Ukraine to implement the reforms necessary for the country to fulfill its accession commitments without first reforming its Constitution.

“Progress has been achieved thanks to the recommendations made under the monitoring procedure and taking account of Venice Commission expertise as well as in the context of the implementation of court judgments, which remains for all member states the primary monitoring mechanism that guarantees respect of the European Convention on Human Rights.”

The CoE is going to carry out systemic reforms. What is the final goal of these reforms? What will be the CoE’s place among other European organizations?

“The objective of the reform is to enable the Council of Europe to make a difference when it comes to the real challenges Europe faces today. And there are many. The world is changing rapidly and Europe is changing with it. Some of these changes are coming from outside, some are internal, but they all require a Council of Europe response which needs to be more rapid, more focused and more concrete than before.

“In the recent months, we have all witnessed a historic change taking place in Europe’s immediate neighborhood. Our reaction has been immediate, pertinent and aimed at producing concrete results on the ground. As a consequence, the Venice Commission is working with Tunisia and Morocco, and we are in contact with the Egyptian authorities.

“I have prepared a detailed proposal for the council’s neighborhood policy, which will be discussed at the ministerial meeting in Istanbul on May 11.

“I would also like to stress again the critical importance of the reform of the European Court of Human Rights. This is a make-or-break point in the whole process.

“It is absolutely essential that we bring about changes allowing the court to function without the backlog we are facing today. This is not only indispensable for the authority and sustainability of the court, but for the credibility of the Council of Europe and for the survival of the system which has helped uphold human rights and democratic stability in Europe for more than six decades.

“Lao Tzu, the ancient Chinese philosopher once said that ‘if you do not change direction, you may end up where you’re heading.’ The Council of Europe had to change direction. We are now heading for more relevance with less activity, but with far more real action.”

During the meeting with Ukrainian journalists, the CoE Director General of Democracy and Political Affairs Jean-Louis Laurens said that the CoE would become more politically active. Can the CoE influence “old-Europe” and make it abide by European values?

“The Council of Europe is a political organization and a standard-setting organization. It aims at providing harmonized and integrated responses to the evolving challenges that our 47 member states face. Old democracies and more recent democracies all stand on an equal footing when it comes to the need to respect European values and principles.

“Since the beginning of my mandate, the priority has been to put the Council of Europe back on the agenda of our member states and reinforce the role and influence of the Council of Europe on the political scene. This is the reason why I am in regular contact with my counterparts in the other European institutions and with the Uni-ted Nations. To give only one recent example, the Council of Europe led the field last October in launching an initiative to strengthen Roma rights. Making the Council of Europe more re-levant means making the difference on the basis of its core values and unique expertise.”

During the meeting with Ukrainian journalists in Strasbourg you pointed out that Belarus has to be a member of the European institutions. Does the CoE have the instruments allowing it to positively influence Belarus in terms of development of civil society and democratic institutions?

“The Council of Europe reacted swiftly to the events following the December 19 presidential election in Belarus. The Committee of Ministers called for the immediate release of the arrested presidential candidates, journalists and human rights activists. It also said that it would continue to support the establishment of closer relations between the Council of Europe and Belarus only on the basis of respect for European values and principles.

“On January 27, 2011, the Parliamentary Assembly adopted a resolution on the situation in Belarus in the aftermath of the presidential election, in which it outlines its intention to strengthen dialogue with Belarus’ democratic forces, civil society, opposition groups, free media and human rights defenders.

“The Council of Europe has proposed a series of activities aimed at strengthening the capacity of civil society and independent media in Belarus to bring about substantial and sustainable progress in the fields of democracy, rule of law and human rights. In this context, the Council of Europe’s Conference of NGOs plays a significant role in maintaining and developing contacts with non-governmental organizations in Belarus.

“Besides the program of activities, I would like to say that Belarus has also been a party to the European Cultural Convention since 1993 and joined the Group of States against Corruption in January this year. The prolongation of the ‘Council of Europe Information Point’ in Minsk is currently under discussion with the Belarusian State University.”