Freedom in the World 2001 - Ukraine

2001 Scores

Status: Partly Free
Freedom Rating: 4.0
Civil Liberties: 4
Political Rights: 4

Ratings Change

Ukraine's political rights rating changed from 3 to 4 due to the inability of the legislative and executive branches of government to represent voters' interests effectively and to increasing evidence that powerful oligarchs wield undue influence over public policies and institutions.

Overview

For much of 2000, the legislative and executive branches of government in Ukraine were deadlocked. President Leonid Kuchma attempted to increase his powers unconstitutionally and threatened to dissolve parliament. When legislators formed a pro-government majority and tried to replace Oleksandr Tkachenko, Speaker of the Verkhovna Rada, his supporters physically resisted and forced the new majority to convene a rival session. Evidence mounted that powerful business interests exert undue influence over public institutions, while allegations that Kuchma is linked to the murder of journalist Hryhoriy Gongadze threatened to topple his presidency. Also in 2000, Ukraine abolished the death penalty and closed the Chernobyl nuclear power plant.

In December 1991, Ukraine ended more than 300 years of Russian ascendancy when voters ratified a declaration of independence and elected Leonid Kravchuk president. In 1994, Communists proved victorious in parliamentary elections, and Leonid Kuchma, a former Soviet director of military production, defeated Kravchuk. Since then, Kuchma has struggled against a Communist-led parliament to effect reforms.

In the 1999 presidential election, Kuchma defeated Communist Party leader Petro Symonenko in the second round of voting with 56.21 percent of the vote. Symonenko received only 37.5 percent. Kuchma appointed reformer Viktor Yushchenko, a former head of the Central Bank, to the post of prime minister. He also threatened to dissolve parliament if it refused to support economic reforms.

In January 2000, a pro-government majority formed by 241 deputies from 11 parties called for Oleksandr Tkachenko's resignation. When Tkachenko's supporters blocked a vote on his removal, the new majority convened a rival session and elected a pro-government parliamentary leadership. Regular legislative sessions resumed before the constitutional court could rule on the new leadership's legitimacy.

Kuchma issued controversial decrees on abolishing collective farms and streamlining the executive branch. He also set out with Prime Minister Yushchenko to recapture $2.6 billion in loans from the International Monetary Fund (IMF). By the end of 2000, they had largely met the IMF's conditions: the adoption of a balanced budget for 2001, passage of a banking law, and submission to parliament of a list of state enterprises slated for privatization.

In January 2000, Kuchma called for a national referendum on constitutional amendments to increase his powers. He proposed six questions: (1) Should the president be able to dissolve parliament, if voters express no confidence in the body in a national referendum? (2) Should the president be able to dissolve parliament for failure to form a majority or to adopt a State budget? (3) Should the immunity of parliamentary deputies from arrest and criminal prosecution be limited? (4) Should the number of parliamentary deputies be reduced from 450 to 300? (5) Should parliament have two chambers? (6) Should Ukraine be able to adopt a constitution by national referendum?

The constitutional court threw out questions 1 and 6. Voters considered the rest in an April 16 referendum. Turnout reached nearly 80 percent, and the response to each question was, overwhelmingly, yes. Since then, parliament has stalled a vote to enact the amendments.

Corruption is a serious problem in Ukraine. In Transparency International's 2000 Corruption Perceptions Index, Ukraine ranked the third most corrupt country in the world. A survey by the World Bank and the European Bank for Reconstruction and Development of 247 Ukrainian businesses revealed that 32 percent were affected by illegal payments to influence public policy and public institutions. In November 2000, Deputy Prime Minister Yulia Tymoshenko promised to fight corruption in what she called Ukraine's "most corrupt" industry – coal mining.

In related news, Ukraine's decision to privatize key state industries has piqued the interest of Russia's powerful oligarchs. Already the government has sold large stakes in the Mykolayiv Alumina plant and Kyivinvestbank to Russian businesses. In 2000, a Swiss court convicted former Prime Minister Pavlo Lazarenko of money laundering, while public officials such as President Kuchma, Oleksandr Tkachenko, and Yulia Tymoshenko denied allegations of involvement in bribery and embezzlement schemes. Parliament lifted the immunity of Viktor Zherdytskyy, a lawmaker accused of embezzling nearly $40 million in funds for Ukrainian victims of the Nazi regime.

In November 2000, journalists from the online magazine Ukrainska Pravda identified the decapitated body of their colleague Hryhoriy Gongadze. They suspected that Gongadze's disappearance and death were linked to his frequent criticism of President Kuchma and the government. In a dramatic turn of events, opposition parliamentarian Oleksandr Moroz released an audio tape that, if authenticated, could link Kuchma and other senior officials to the murder. A parliamentary commission, promising a thorough investigation, has appealed to Western groups for assistance in analyzing the tape. An officer with the Ukrainian Security Service claimed responsibility for the recording.

Political Rights and Civil Liberties

Ukrainian voters can change their government democratically. Citizens aged 18 and older enjoy universal, equal, and direct suffrage. They elect the president and delegates to the Verkhovna Rada, the 450-seat unicameral parliament. The president appoints the prime minister and other cabinet members.

The 1997 parliamentary election law outlines a system of proportional-majoritarian representation. The Organization for Security and Cooperation in Europe (OSCE) concluded that elections to the Verkhovna Rada in 1998 were generally free and fair, but it noted serious irregularities. Twenty-one parties and nine coalitions registered for that election. Eight groups received a mandate.

The International Foundation for Election Systems (IFES) concluded that the 1999 presidential election law lends greater transparency and accountability to the process. Nevertheless, observers declared the November 1999 election unfair because of intimidation of independent media, biased coverage by state media, intimidation of candidates and their supporters, and illegal campaigning by state officials. Nineteen candidates successfully registered for the election.

The 1996 constitution guarantees freedom of speech and expression. The government frequently disregards these rights, particularly during election campaigns. There are 8,300 print publications registered with the state; 673 publications are state-owned. There are also 516 television and radio companies; the state owns 133 broadcasters. The OSCE has reported that editorial independence is difficult to maintain, because state-owned media depend on government support and private media are largely controlled by financial and political clans. Reporters Sans Frontieres reported at least twenty attacks and threats against journalists in 2000. The brutal murder of journalist Hryhoriy Gongadze particularly alarmed the country when evidence was presented that, if authenticated, could implicate President Kuchma and other senior government officials.

The constitution and the Law on Freedom of Conscience and Religion define religious rights in Ukraine. There are some restrictions on the activities of foreign religious organizations, and all religious groups must register with the state. Sixty-six percent of respondents to an August 2000 survey conducted by the Ukrainian Center for Economic and Political Studies said that there is "complete freedom of conscience and equality of faiths before the law" in Ukraine. More than 50 percent of respondents who described themselves as "believers" agreed that religion is "one of the elements of a democratic society."

Despite strict registration requirements, Ukraine has several thousand nongovernmental organizations. The constitution guarantees the right to peaceful assembly but requires advance notification to government authorities. In 2000, for example, 40,000 coal miners protested against delays in receiving back wages; 6,000 teachers rallied to demand wage increases; and more than 10,000 victims of Chernobyl who are eligible for government support marched in favor of better benefits.

The judiciary consists of a supreme court, regional courts, and district courts. There is also a constitutional court. The constitution guarantees equality before the law, although the president, members of parliament, and judges enjoy are immune from criminal prosecution unless parliament consents. The judiciary is inefficient and subject to corruption. The 1996 constitution requires parliament to reform the judiciary, but to date no law has been passed. The constitutional court is largely free of political interference.

The government generally respects personal autonomy and privacy. To receive social and medical benefits from the state, however, persons still must register at work and in their place of residence. The constitution also guarantees individuals the right to own property, to work, and to engage in entrepreneurial activity. Crime, corruption, and the slow pace of economic reform have effectively limited these rights.