Ganna Lachykhina

What is your vision for better protection of Human Rights and fostering of democratization
in your country?
What is more important for a society in transition towards democratization development
of a civil society or an economic growth? Is it acceptable, when a country implements reforms,
which ensure economic prosperity but sacrifice respect to human rights? To me the answer is
obvious process of democratization shouldnt be at the expense of human rights, which are
universal and integral. European Union provides generous budget and sector support on bilateral
level to governments of Eastern Partnership1, but no progress is seen. The country in focus of
this research is Ukraine. For the past 4 years it didnt manage to reach basic benchmarks in
energy, elections, judiciary, justice and other spheres, which would indicate progress. Having
freedom indicators 2,5 (free) in 2010, 3.0 (partially free) in 2011, 3,5 (partially free) in 2012 and
20132, civil liberties indicator 3 in 20133 and being identified in human rights record by the
Human Rights Watch in 2013 as poor4 Ukraine remains a partially free country, where
government wishes to preserve status quo, strengthen the regime and protect its interests, even if
they are in conflict with the interests of the society. According to the prosperity index of 2012
Ukraine is at 71 place among 147 world countries having and it has low rate of economic
development (110 place) and good governance (121 place)5. For Ukrainian government the two
first questions of this essay have no clear answer, which is why Ukrainian society neither
prosperous, nor protected. As one of possible solutions, international donors and the EU should
reconsider direct support to the government in favor of putting more emphasis on journalists and
media and grassroots civil society. Real democratization starts, when everyone realizes his/her
individual role in this process. Understanding and defending individual rights as human rights
will help people to build a strong network of grassroots initiatives and organisations. It in turn
may force reforms, oppose illegitimate decisions of the government and become a real
democracy enforcing power in Ukraine.
There are many cases of violation of human rights in Ukraine. In this essay we will touch
upon most recent and urgent issues, such as abuse of power by the police and discrimination of
homosexuals. During past several years cases of abuse of power by representatives of the law
1

EU Cooperation for a Successful Eastern Partnership. Development and Cooperation, 2012. p. 4

http://ec.europa.eu/europeaid/where/neighbourhood/eastern_partnership/documents/eastern_partnership_flyer_final_
en.pdf
2
Ukraine. Freedom in the World by Year. Freedom House. http://www.freedomhouse.org/report/freedomworld/2010/ukraine
3
Ukraine. Freedom in the World 2013. Freedom House. http://www.freedomhouse.org/report/freedomworld/2013/ukraine
4
Ukraine. World Report 2013/Human Rights Watch http://www.hrw.org/world-report/2013/countrychapters/ukraine
5
The 2012 Legatum prosperity index table ranking. Legatum Institute. http://www.prosperity.com/Ranking.aspx

enforcement agencies frequently appear in media and many of similar cases might be unveiled.
On the record of the Ukrainian police there are cases of unlawful detentions, car accidents,
beatings, rapes and murders6. The fact of nepotism at all levels of authority and high level of
corruption Ukraine rated 144 out of 174 countries in Transparency International corruption
index in 20127 - allows such cases to happen. They may be qualified as violation of the right to
an effective remedy, right to liberty and security, right to a fair trial and prohibition of torture
guaranteed as universal and integral human rights by the European Convention on Human
Rights, ratified by Ukraine in 1997 and other international documents. Unfortunately, cases
where representatives of Ukrainian authorities are involved as offenders are not broadcasted in
media, which leads to lack of information in the society and this paralyses civil activity. Ukraine
needs stronger school for journalists, who will build a strong network of independent
professionals. Media is the only channel, which transmits information from authority to society
and it is crucial to have access to information in order to react on violations appropriately,
especially during democratization process. Recent case (July 2013) of raping a woman by police
officers, happened in southern Ukraine, caused big reasoning among city inhabitants hundreds
of people went to the streets protesting against uncontrolled crime by police8. Unfortunately
there are much more cases, when people could have defended themselves by protesting, raising
awareness of the rest of Ukraine about the violation If more support is provided to the
development of an independent and reliable media network, as well as to the improvement of a
professional competency and journalists ethics it will help to develop a conscious civil society,
which ensures accountability and protection of their rights.
Discrimination of sexual minorities is another big issue in Ukrainian society. In 2012
Ukrainian parliament presented two draft laws on restriction of promotion of homosexualism.
One of the draft laws was approved in the first reading and currently is waiting for the second
reading. The second document was introduced to Verkhovna Rada (parliament), but was
revoked. Adoption of such laws would be a violation of non-discrimination provisions, enshrined
in the United Nations and Council of Europes documents. Moreover the attempt to adopt these
laws indicates the level of respect to commitments taken in the framework of Eastern Partnership
and visa liberalization process. Ukraine is to finalise the first stage of visa liberalization action
plan with the European Union by adopting several bills, including the non-discrimination law.
Ukrainian National Platform of Eastern Partnership addressed Verkovna Rada with arguments in

. BBC . 3 , 2013.
http://www.bbc.co.uk/ukrainian/ukraine_in_russian/2013/07/130703_ru_s_crimes_police.shtml
7
Corruption perceptions index 2012. Transparency International. http://www.transparency.org/cpi2012/results
8
Outrage in Ukraine over police accused of raping woman. Fox News. 2 July, 2013.
http://www.foxnews.com/world/2013/07/02/outrage-in-ukraine-over-police-accused-raping-woman/

favor of adoption of the draft law On amending some legislative acts of Ukraine preventing
discrimination in Ukraine9, which requires amendments to Labour Code in part of elimination
of discrimination against homosexuals. To date this draft law has not been adopted yet.
Procrastination with passing this law may result in failing to move to the second visa
liberalization stage10.
Some deputies of Ukrainian parliament claim that the draft law on preventing
discrimination of homosexuals goes against Ukrainian traditions11. This argument is vague,
because violation of human rights cannot be justified by cultural differences. Neighboring
catholic and conservative Poland proves the argument of the Ukrainian MP wrong. In 2004 an
amendment to Polish Labour Code, which restricts discrimination on basis of sexual orientation12
stepped into force as well as the law On promotion of employment and institutions of labour
market, which restricted employer to formulate eligibility criteria in any discriminatory way
including sexual orientation13. Unwillingness of Ukrainian legislators to make a step towards
Europeanisation is clear evidence of their unserious attitude towards respect for human rights,
democratization and EU-Ukraine relations in general.
The requirement to register and obtain the permission for a protest or a demonstration
provides city authorities with an opportunity to abuse the power and becoming selective in
giving permissions. The intolerance towards homosexuals is also related to violation of freedom
of assembly and association. For a society on a path to democratization freedom of assembly is
one of the top priorities, which government should respect and promote. Violation of the right to
free assembly means willingness to save status quo and preserve non-democratic regime. The
reason why Ukrainian government allows restrictions of free assembly is fear for the regime and
lack of political will to start the process of democratization. By providing direct support to the
government EU risks to lose Ukrainian civil society as a brave partner in keeping the
government accountable.
Eastern Partnership as an EUs regional foreign policy programme is expected to foster the
process of Europeanisation as a supplementary element to democratization. Europeanisation
9

.
. 2.07.2013.
http://genderz.org.ua/zvernennya-shhodo-neobhidnosti-pidtrimki-zakonoproektu-2342/
10
Ukraine could miss deadline for first stage of visa liberalization action plan with EU, says Tombinski. KyivPost. 3
July, 2013. http://www.kyivpost.com/content/ukraine/ukraine-could-miss-deadline-for-first-stage-of-visaliberalization-action-plan-with-eu-says-tombinski-326471.html
11
, ,
Interfax-. 04.07.2013.
http://ua.interfax.com.ua/news/political/159426.html
12
Zakaz dyskryminacji w zatrudnieniu. Monitor Prawa Pracy. 08.03.2006.
http://www.monitorprawapracy.pl/index.php?mod=m_aktualnosci&cid=37&id=99
13
Ustawa o promocji zatrudnienia rynku pracy z dnia 20 kwietnia 2004 r. Prawo Legeo
http://prawo.legeo.pl/prawo/ustawa-z-dnia-20-kwietnia-2004-r-o-promocji-zatrudnienia-i-instytucjach-rynku-pracy/

means up-bottom process, which requires the internalisation of EU norms and rules14 by other
states. The internalisation can be achieved only voluntary that is why the process of diffusion is
not less important in context of democratization. Diffusion is caused by the need for new
solutions in policy- and decision-making in a country, which undergoes democratization. Simple
downloading of EU models will not help - diffusion requires agency15. Evaluating current
human rights and democratization conditions in Ukraine I came up with several conclusions:
1.

Keeping in mind the Freedom House and Human Rights Watch ranking of

Ukraine as partially free country with poor human rights and civil liberties protection, I
consider low activity of the government in adoption and implementation of EU standards
of justice and non-discrimination as the lack of interest in meeting the universal
requirements for protection of human rights.
2.

Non-compliance, partial compliance or lack of compliance with EU

standards and violation of commitments taken by Ukraine in the framework of Eastern

Partnership show lack of serious attitude toward EU-Ukraine relations and EUs gradual
loss of its authority before Ukraine.
3.

Unwillingness to adoption and improve regulations in sphere of justice and

non-discrimination accompanied by the nepotism and high level of corruption lead to the
abuse of power and vulnerability of all groups of people.
Taking into account abovementioned conclusions I believe that further direct support
provided to the government in the framework of Eastern Partnership or other similar regional
foreign policy programmes will only stabilize the regime. In order to get Ukraine on track of true
democratization an emphasis should be placed on the development and support of the
independent media, professional journalists and grassroots civil society.

14

Brzel Tanja A. & Risse Thomas When Europeanisation Meets Diffusion: Exploring New Territory. West
European Politics, Volume 35, Issue:1.- 2012. 192-207. http://doi/abs/10.1080/01402382.2012.634543
15
ibid