#23 - JRL 2007-82 - JRL Home
excerpt re Ukraine
US Department of State
April 5, 2007
Supporting Human Rights and Democracy: The U.S. Record
2006
Ukraine
Ukraine is a republic with a mixed presidential and parliamentary system,
governed by a directly elected president and the Verkhovna Rada (parliament).
Parliamentary elections were held on March 26. According to international
observers, fundamental civil and political rights were respected during the
campaign, enabling voters to freely express their opinions. International
observers noted that the conduct of the election was in line with international
standards for democratic elections, making this the most free and fair in the
country's history. Despite improvements, a number of serious human rights
problems remained, including torture in pretrial detention facilities, violent
hazing of conscripts, societal violence against Jews, anti-Semitic publications,
incidents of the return of refugees to a country where they feared persecution,
serious corruption in all branches of government, and trends of violence and
discrimination against women, children, and minorities. The government at all
levels generally sought to protect freedom of religion; however, some minority
and nontraditional religions experienced difficulties in registration and in
buying and leasing property. Domestic and international human rights groups
generally operated without government harassment, and there were few
restrictions on media freedom or freedoms of assembly and association.
Authorities increased investigations of suspected human traffickers but were
still grappling with how to strengthen the country's prosecution capabilities.
The U.S. human rights and democracy strategy focused on supporting democratic
reform. This included strengthening the rule of law, independent media,
electoral processes, and respect for civil liberties; fighting corruption;
promoting good governance; and improving the monitoring and advocacy
capabilities of human rights organizations. Combating anti-Semitism and
trafficking in persons were also important goals. The ambassador and senior U.S.
officials met frequently with senior government officials, including the
president and prime minister, to stress the importance of continuing democratic
reform and highlight that membership in Euro-Atlantic institutions such as the
North Atlantic Treaty Organization hinges on respect for democracy and human
rights. This message was regularly reinforced in Washington and in Kyiv by the
secretary of state, the under secretary of state for global affairs, the
assistant secretary of state for European and Eurasian affairs, and others.
To support free and fair parliamentary and local elections, U.S. assistance
programs focused on public monitoring of the electoral process, voter education,
nonpartisan training for political parties and local government officials,
domestic and international election monitoring, and election administration
issues. The U.S.-funded Election Administration Support Project improved the
legal and regulatory election framework and successfully supported the Central
Election Commission in updating and improving voter lists. The project also
provided training for 175,000 election officials and produced instructional
guides and videos distributed to more than 33,000 election commissioners prior
to parliamentary and local elections held in March. U.S. grants to local NGOs
also significantly increased civic oversight of the vote and helped increase
voter awareness of election issues. With U.S. support, a Dnipropetrovsk-based
NGO, in cooperation with local governments, conducted voter education and
get-out-the-vote campaigns in 14 cities and produced an information brochure for
first-time voters. The United States also supported training for print and
broadcast journalists on election coverage, public service announcements, and
watchdog groups.
To promote effective, transparent, and participatory local and municipal
government, U.S. programs enhanced local government capacity to improve service
delivery, further develop autonomous and transparent financial planning and
management strategies, and provide forums for an informed citizenry to actively
participate in local decision-making. Through such U.S.-funded programs, dozens
of cities improved delivery of municipal services, instituted competitive
bidding for procurement of equipment and services, and adopted financial
analysis models as a planning tool. There were 252 cities actively using task
forces or advisory boards with citizen participation to work on city development
plans.
U.S. media assistance programs continued to improve the legal and regulatory
framework for media, support legal aid for media outlets, help independent
outlets improve their financial sustainability, provide training in
investigative journalism, and promote socially responsible media. In the lead-up
to the March elections, a U.S.-funded media project assisted in the development
of and lobbying for changes to the election law. These changes included dropping
limitations on the coverage of election news and improvement of legal
protections for media.
The civil society sector continued to grow and show gains in sustainability.
U.S.-funded activities helped NGOs to advocate for and secure better laws, such
as further simplification of NGO registration procedures. Equally important,
NGOs that received U.S. assistance successfully prevented implementation of laws
that could have restricted NGO and citizen rights. For example, NGOs pushed
successfully to cancel a decree to monitor the Internet. With U.S. grant
support, an Uzhgorod-based NGO amended the forestry code to give citizens public
control over the rights to manage and own forestry land, and a Donetsk-region
NGO successfully introduced changes to legislation obligating the Ministry of
Education to offer street children equal access to an elementary education. A
Luhansk-based NGO addressed problems with communal services, published a
brochure with strategies for handling various issues, and established a hot line
serving 500 people per year. The United States also successfully assisted in
boosting the development of local philanthropy by way of promoting
public-private partnerships.
The United States facilitated efforts to strengthen the rule of law, increase
judicial independence, and combat corruption. These efforts sought to capitalize
on the government’s commitment to reform and bring the country both into
compliance with its obligations as a member of the Council of Europe and move it
closer to the government's long-term objective of joining the European Union.
Working with partner organizations, the United States created legal advocacy
centers specializing in human rights; trained judges on new legislation and
application of international conventions to ensure the quality of legal
services, established regional judicial associations; developed student legal
clinics, designed election advocacy and education programs, and implemented a
wide range of public legal literacy initiatives. The program assisted more than
30 law schools in developing clinical legal education programs by sponsoring
numerous conferences and roundtables and offering training and exchange programs
for students and clinic directors. The program awarded small operational grants
to 17 legal clinics and produced three clinical legal education textbooks. Other
anticorruption programs supported public hearings on corruption, a major public
information campaign against corruption, the government’s initiative to
establish a public complaint program, training for journalists in investigative
reporting, grants to NGOs engaged in anticorruption advocacy and watchdog
efforts, and a pilot testing program for university entrance exams.
U.S. technical and advisory assistance supported the drafting of a concept
paper for comprehensive reform of the criminal justice and law enforcement
system along European lines. To promote development of transparency and balance
in the system, the U.S. Government continued to support the drafting of a
Council of Europe-compliant Criminal Procedure Code. In the same vein, the
United States launched a pilot program to demonstrate the benefits of respecting
the basic human rights of detainees through a fair and transparent pretrial
detention system. To help offset the influence of Soviet-era practices on the
prosecutor's office, U.S. officials developed programs to strengthen the
advocacy skills of defense attorneys with the long-term goal of helping the
defense attorney community establish its own continuing professional education
program.
A new U.S.-funded program to combat corruption and strengthen rule of law
advanced judicial reform through rapid-response technical assistance, support
for the drafting and implementation of improved laws and regulations, training
for new judges and court staff, and support in improving the budget process in
the legal system. For example, the program cooperated with the National
Commission for Strengthening Democracy and the Rule of Law to develop a
comprehensive "judicial reform concept" and draft laws on the judiciary and the
status of judges. A number of these proposals were successfully incorporated
into the Concept Paper on the Judicial Reform, Concept Paper on Anticorruption,
and in draft anticorruption bills. The president approved both concept papers
and submitted a package of bills on judiciary reform and fighting against
corruption to the parliament.
Through public diplomacy and small grant support to local NGOs, the United
States worked to monitor and curb human rights abuses such as torture and to
encourage respect for the rights of women, children, minorities, and people with
disabilities. The United States supported the second annual National Human
Rights Forum, organized by a national human rights NGO, which brought together
over 200 civic activists and representatives of human rights organizations, the
media, international organizations, and government agencies to discuss methods
for curbing abuses. A 300-page report prepared by a national network of human
rights organizations was presented at the forum. The Democracy Commission Small
Grants Program provided 22 grants to human rights NGOs to conduct a broad range
of nationwide monitoring and reporting on the rights of refugees and prisoners,
the right to a fair trial, and freedom from arbitrary arrest. A Lviv-based NGO
used a U.S. grant to help people with disabilities enjoy equal access to
national parks and major recreational areas; the NGO also proposed a list of
amendments to current national laws on access to public facilities by people
with disabilities. With U.S. support, a Kyiv-based NGO strengthened cooperation
between NGOs, businesses, and governmental organizations to ensure the delivery
of social services and charitable donations to people with disabilities and
their families. A national NGO used U.S. funding to bring victims of domestic
violence together with government, law enforcement, and social services
personnel to discuss ways to improve the implementation of domestic violence
legislation.
The ambassador and other officials demonstrated the U.S. Government’s concern
for religious freedom by maintaining a dialogue with government and religious
leaders and staying in close contact with clerics and lay leaders in religious
communities. Throughout the year, the United States tracked developments in
religious freedom and cultural heritage preservation court cases involving
anti-Semitism, including the Sambir and Volodymyr-Volynsky Jewish cemetery
cases, and followed closely the rise in anti-Semitic incidents in Dnipropetrovsk
and cases involving discrimination against Tatars in Crimea. The United States
raised concerns about religious freedom and anti-Semitism with the Ministry of
Justice, the Ministry of Foreign Affairs, the office of the prosecutor general,
the office of prime minister, and the presidential secretariat. The special
envoy to monitor and combat anti-Semitism, the ambassador, and other senior U.S.
officials also raised concerns directly with the Ministry of Foreign Affairs
about the anti-Semitic teachings and publications of the Inter-Regional Academy
of Personnel Management (known by its Ukrainian acronym, MAUP.) On February 27,
the ambassador hosted an interfaith dialogue lunch that brought together leading
clergymen, the head of the department for religious affairs, two prominent
members of parliament, and a leading journalist to discuss progress and
challenges in promoting religious tolerance.
The United States supported the labor movement in its efforts to obtain
independence from government control and to exercise its legal rights to freedom
of association and collective bargaining. The United States funded a trade union
development program that maintained continuing contact with union
representatives, regularly reported on workers’ rights issues, and funded
technical assistance programs to promote basic rights of workers. Combating
trafficking in persons and assisting trafficking victims were also priorities.
The U.S. Government conducted training programs on combating labor exploitation
for the Ministry of Interior’s new antitrafficking department. The United States
also facilitated the development of interior ministry-to-interior ministry
exchanges with neighboring countries that were primary destination points for
local trafficking victims.
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