Report on human rights says Ukraine's record is mixed (03/07/99)

Report on human rights says Ukraine's record is mixed

by Yaro Bihun
Special to The Ukrainian Weekly

WASHINGTON - The State Department on February 26 released its annual human rights report for the countries of the world, in which Ukraine again received what could be described as a "gentleman's C," or maybe C-minus, for 1998.

As in several previous years, the U.S. government judged Ukraine's human rights record to be "mixed" - with "limited progress" in some areas and persisting "serious problems" in others.

These annual reports, based on information provided by U.S. embassies around the world, are compiled in accordance with congressional legislation: the Foreign Assistance Act of 1961 and the Trade Act of 1974.

More human rights violations in Ukraine were reported in 1998 than in the previous year, "primarily due to infringements on freedom of the press and reports of government interference" in the elections to the Verkhovna Rada in March. Despite the "numerous flaws and irregularities" in the elections, the report says they "generally reflected the will of the electorate."

The report also found "significant restrictions" on freedom of association and limitations on non-native religious groups; "some limits" on freedom of movement; and such other problem areas as restrictive laws governing political parties, violence against women and children, trafficking in women, discrimination against women, "deep-seated societal anti-Semitism; and some discrimination against religious, racial and ethnic minorities."

While the Constitution of Ukraine calls for an independent judiciary, the report notes that the courts, which are funded through the Ministry of Justice, are "subject to political interference and corruption, and are inefficient."

The report says that the armed forces of Ukraine, for the most part, do not interfere in politics, but its security services and other government agencies "have interfered indirectly in the political process through criminal investigations of politicians, journalists and influential businessmen." And while civilian authorities generally maintain effective control of the security forces, "institutional government corruption sometimes can lead to their improper use" and to human rights abuses.

There were no reports of political killings by government agents, but the report noted that the "pervasiveness of corruption, connections between government officials and organized crime, and the political activities of organized crime figures often blurred the distinction between political and criminal acts," and that politicians, politically connected businessmen, campaign managers and journalists "were victims of possibly politically motivated - and sometimes fatal - attacks."

There were 46 contract killings officially reported during the year, some of which - like the murder of former Verkhovna Rada deputy and National Bank of Ukraine director Vadym Hetman - may have been politically motivated, the report said.

As for the criminal justice system, once again it was found to be slow in implementing reforms: prison conditions remain harsh; police and prison officials continue to regularly beat detainees and prisoners; "and there were numerous instances of torture, sometimes resulting in death."

The report also cited instances of arbitrary arrest and detentions, with some detainees spending months in pretrial detention "for violations that involved little or no prison time if convicted"; long trial delays; political interference and corruption in judiciary, which is overburdened, inefficient, underfunded and uderstaffed.

While the 1996 Constitution provides a legal framework for protecting civil and human rights, the report notes that many provisions are still waiting for the passage of enabling legislation. "Consequently, actual human rights practices often do not conform to constitutional requirements, and many areas of life still are regulated by Soviet law and practices," the report states.

Nonetheless, the human rights report points to "progress on a number of basic freedoms, including freedom of speech, which is generally respected." The government has taken steps to punish officials who committed or abetted mistreatment of detainees and to purge local law enforcement agencies of corrupt elements. "These measures do not appear to have had a significant effect, but are a first step," the report adds.

In addition, President Leonid Kuchma signed a law creating the Office of the Human Rights Ombudsman, and the Verkhovna Rada elected the first ombudsman. "However," the report notes, "the law does not provide any significant enforcement authority or provide for penalties for obstructing the ombudsman's inquiries." But even though there was no funding for the ombudsman's office in the 1998 budget, the report said that it was active in investigating human rights violations.

The State Department report points to Ukraine's "serious economic crisis" and many difficulties in changing from a centrally planned to a market-based economy. Millions of employees go months without being paid and most are forced to rely on the shadow economy for much of their income.

The financial crisis in Russia resulted in a 70 percent devaluation of the hryvnia and decreased investment, with many potential investors also discouraged by "rampant corruption, onerous taxation and arbitrary licensing practices."

The report points out that Ukraine's wealth is concentrated among the political elite and directors of state-dominated sectors, such as metals, oil and gas.

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