We must guard against the cynical and dangerous conclusion that the United States and Europe are only interested in Ukraine as a pawn in their geopolitical chess game with Russia. But it is hard sometimes.
U.S. Ambassador to Kyiv John F. Tefft and a European colleague, Ake Peterson, representative of the Secretary General of the Council of Europe for the coordination of co-operation programs with Ukraine, attended a judicial reform conference only days before the Oct. 31 local election.
Their [western envoys’] effusive praise for a new court law adopted in July could only be construed as a clear endorsement of President Viktor Yanukovych and his attempts to establish a functional system of justice in this nation.– Peter Byrne.
Their effusive praise for a new court law adopted in July could only be construed as a clear endorsement of President Viktor Yanukovych and his attempts to establish a functional system of justice in this nation.
Tefft said he was pleased Ukraine had adopted the court law suggesting that it “encourages fair, transparent and merit-based judicial selection and disciplinary procedures.”
He praised the president and judicial officials for their reform eagerness, while Peterson lauded them for moving Ukraine closer to Europe.
Both envoys, however, downplayed scores of new provisions in the court law that further infringe on judicial independence and the rights of citizens to get a fair trial.
They made light conversation during the first intermission, took some questions from journalists and then exited.
Volodymyr Kolesnychenko, chairman of the High Council of Justice, left minutes later.
“This [judicial reform] is not a sprint race. It’s more like a marathon.”
– David Vaughn, a consultant with the Chemonics International development.
The intermission also provided David Vaughn with an opportunity to deliver a key message. A consultant with the Chemonics International development firm managing the U.S. government’s rule of law campaign in Ukraine, Vaughn said patience is important because judicial reform is a long process.
“This is not sprint a race,” he said. “It’s more like a marathon.”
The Venice Commission, also known as the European Commission for Democracy through Law, on Oct. 18 published its analysis of the 154-page court law.
The brief identified only four positive aspects and criticized 28 others.
That’s one step back for every seven steps forward, or, to use Vaughn’s analogy, the equivalent of adding six extra kilometers to a standard marathon.
The 37-page critique was welcomed by Yanukovych’s adversaries, who opposed adopting the law in the first place, saying the administration’s version could prevent Ukraine from becoming a European-style democracy.
Similar criticism was directed at Ukraine’s local election law, which was railroaded through parliament in February, changed in July and again in August.
It did not produce a democratic election on Oct. 31. It’s not looking good in Ukraine right now.
No matter how many times Western diplomats talk about the importance of rule of law and democratic elections in Ukraine, no matter how many millions of dollars are spent on such aid programs, the results are painfully obvious.
After nearly 20 years of taxpayer-funded programs to promote democracy and rule of law, it seems more and more pointless to listen to these talks from Western diplomats and to attend such conferences.”
– Peter Byrne.
There is no progress in rule of law; there is slightly better progress when it comes to holding democratic elections, but Oct. 31’s vote shows that the nation is retreating in this area as well.
After nearly 20 years of taxpayer-funded programs to promote democracy and rule of law, it seems more and more pointless to listen to these talks from Western diplomats and to attend such conferences.
This is a nation whose leaders are still highly resistant to both concepts.
Kyiv Post staff Peter Byrne can be reached at [email protected].
