COMBATING LEGAL ILLITERACY

On November 28, Verkhovna Rada Ombudsman Nina Karpachova presented her report to parliament. Although the ombudsman’s office was instituted by lawmakers in April 1998, this is the first report of its kind but could well become an annual event in the future. Both the deputies and guests representing Ukrainian and foreign human rights organization, as well as Ukrainian society as a whole, have eagerly awaited the report, only to be reminded again by the ombudsman of the sad undisputed truth that “large-sale and systematic violations of human rights” continue in Ukraine.

Based on grievances submitted by Ukrainians to Verkhovna Rada, Ms. Karpachova’s first report is an impressive and bulky document, containing a detailed study of how civil, political, economic, social, and cultural human rights are observed in the country.

According to the report, 100,000 Ukrainians have used their right to submit their complaints to the ombudsman, with the share of alleged civil rights violations reaching 56%, economic 20% and social 16%. In 2,500 cases, the Ombudsman’s Office has stepped in, securing a positive decision on every fifth complaint. In 128 exceptionally high-profile cases, the ombudsman sent her appeals to the President, Verkhovna Rada, government, and other government agencies.

“A person’s main right is the right to live,” Karpachova said in her report. At the same time, the country’s population has decreased by 2 million, and the number of suicides reached 133,000 in 1990- 1999, with the living standards of most Ukrainians bordering on destitution, she continued.

In 2000 alone, the Ombudsman’s Office has filed 200 appeals against cases of alleged torture by police. Of utmost concern, according to Ms. Karpachova, is the fact that Ukrainians have to wait years for legal decisions to be enforced, thus bringing to naught the rulings of even the most just courts. In a separate chapter, Karpacheva focused on the observance of political rights in Ukraine. According to her, the recent elections have shown mass media bias towards the candidates, which is a clear infringement of the candidates’ equal rights, as well as the interference of officials in the election process. Concerning the freedom of expression, the situation is worsening with each passing year. The government has subjected defiant mass media outlets to such forms of pressure as unsolicited inspections by oversight agencies and libel suits whose number reached 2,250 in 1999 alone.

Despite Ukraine’s quite democratic human rights legislation, there are no effective mechanisms to protect the rights of individuals amid social and economic decline and drop in the moral and cultural standards of Ukrainians, the ombudsman summed up. Consequently, Nina Karpachova believes that the main goal of her report is to get the attention of the branches of power, mass media, and the public to establishing the supremacy of the law and respect for human rights in Ukraine.

COMMENTARY

Tetiana YABLONSKA, human rights activist, American- Ukrainian Bureau for the Protection of Human Rights:

In my opinion, the lawmakers did not understand the most important thing in Karpachova’s report, for no appropriate questions were asked, just as no questions were asked on police torture during investigation, a most vital issue. In the audience there were no representatives of the Ministry of Internal Affairs, while most of the grievances were against precisely it. Of course, without the adoption of the new codices, especially on reforming the courts and judiciary, it makes no sense to talk about the observance of human rights. Yet, the case must be made for improving Ukraine’s record in this area. I want to live to see the day when any case of human rights violations will be resolved by ordinary courts without any of those abominable appeals to the European Court. In my understanding, taxpayers should not be made to foot the bill for Verkhovna Rada’s and the domestic courts’ poor performance. Such problems should be solved internally.

Serhiy NABOKA, journalist, former political prisoner:

The protection of human rights should never stop, as large-scale and systematic violations of human rights could be found in any country, be it totalitarian or absolutely democratic. Judging by Karpachova’s report, I can conclude that this issue has finally surfaced. Obviously, Ukrainians will file more and more complaints with Karpachova and her office, even if the government improves its human rights record. There is a growing awareness among Ukrainians that they are entitled to their rights and that they can fight for them and win.

Oleksandr MUCHNYK, President, FSP-4 Law Firm:

The UN Universal Declaration of Human Rights of December 10, 1948 is virtually a contemporary Bible listing the rights and liberties of man. Guided by the Constitution of Ukraine and the UN Declaration, on June 17, 1999 Verkhovna Rada enacted its resolution on state policy concepts for human rights area, confirming that the state’s top priority is to guarantee and stand by the rights and liberties of Ukrainians.

Meanwhile, numerous glaring violations of constitutional and human rights are coming to light in Ukraine in such basic rights as that to live, to freedom, and personal immunity (Article 3 of the Declaration) are openly disregarded by officials. Another basic principle (Article 7 of the Declaration), whereby all people are equal before the law is being widely ignored in Ukraine. Unfortunately, a different concept dominates in our country: any person is considered guilty unless he or she can impress law enforcement with political connections or money. In other words, the equality before the law rests exclusively on the size of one’s wallet, with defense lawyers charging exorbitant fees for their services.

Another basic individual right according to Article 12 of the Declaration and barring arbitrary encroachments on a person’s private and family life, the inviolability of one’s home, mail, honor, and reputation is widely ignored by officials.

No one can doubt the right of each person to take part in governing one’s own country either directly or indirectly through freely elected representatives (Article 21 of the Declaration). Unfortunately, today many smart politicians manage to worm their way into elected offices, being guided by a principle that you might win the election, but I win in counting the votes.

Contrary to popular belief, the reaction of the public to the present sweeping violations of human rights has hardly changed since the time so eloquently described by Andrei Sakharov: “The people accept with resignation shortages of meat, butter, and many other necessities, putting up with the cruelty and arbitrariness of officials, looking the other way or openly gloating over unjust crackdowns by the authorities on dissidents, viewing in silence any foreign policy twists of the Soviet regime.” This could be easily explained, as the people have remained the same and their life has hardly changed.