CUPP
Model Ukraine White Paper Conference Recommendations
CUPP
Model Ukraine White Paper Conference Recommendations
The Canada Ukraine Parliamentary program (CUPP) Model Ukraine White Paper Committee Workshop held in Ottawa from October 16 through 18, 2013, produced a set of White Paper recommendations, which are designed for the governments of Ukraine, Canada, and the European Union, and for wide distribution to the youth of Ukraine and the global community.
Section I: RULE OF LAW AND JUDICIAL INDEPENDENCE
Background
Since becoming an independent country in 1991, Ukraine’s path toward democracy and the rule of law has not been a straight and easy one. The country has had to confront many of the same issues that have been seen in several other post-Soviet states: oligarchic elites, corruption, and a centralized political environment in which other actors that are essential to the functioning of a democratic society — including parliamentarians, political parties, the media, civil society, and local governments — have all been relatively weak and under strain.
The Issues
The deficiencies in the Ukrainian judicial system are well known and have been noted by the Council of Europe Committee of Ministers, the Venice Commission, and the OSCE. The reported abuses include selective prosecution, corruption and bribery, nepotism, cronyism, and an unacceptable lack of transparency. The resulting decline in public trust and confidence in judicial processes has reached a critical level in recent years, undermining the essence of Ukraine’s statehood. It is of the utmost importance that Ukraine and its global partners join together to build Ukraine’s independent judiciary.
CUPP recommends:
1. An urgent effort to ensure full implementation of judicial independence in Ukraine. CUPP would gladly participate in organizing an international round table to identify the elements of an independent judiciary necessary for Ukraine’s future. In particular we urge a re-examination of Ukraine’s practice of selection of judges and criteria for their promotion;
2. An effort to complete the recently-adopted Code of Judicial Ethics through the addition of clarifying commentary and other needed revisions which we believe will enhance the integrity of Ukraine’s judiciary;
3. A program of seminar presentations throughout Ukraine for judges and the general public, designed to foster understanding of judicial ethics, judicial accountability, and legal processes.
4. Pilot projects designed to increase the transparency and efficiency of Ukraine’s courts. We recommend one pilot project on the development of a model web-site for all courts in Ukraine that will provide the public with full and accurate information on the functioning of the courts. A second pilot project, designed to increase access to the courts, would develop a model e-justice system, enabling electronic filing and electronic distribution of court orders as needed for the more efficient and cost-effective administration of justice;
• Commercial Law Reform
We urge the Government of Ukraine to adopt and implement as expeditiously as possible all laws and legal procedures necessary for the conduct of private business in Ukraine in accordance with the pending Association Agreement with the EU and other international standards. To this end, we recommend that an international effort, comprised of experts both within and outside Ukraine, commence as soon as possible to identify the elements of a comprehensive modern commercial legal system as required for compliance with EU requirements.
• Anti-corruption Measures
Citizens of Ukraine should be given the tools and protections to fight against corruption. One of the ways to makes this happen is to develop the existing reporting mechanisms to speak out about corruption that people witness or experience. The Ukrainian government should make it possible that independent civil society organizations function effectively as watchdogs of the government and the police force. The Ukrainian government should also pass and implement whistleblower laws. These laws should include appropriate follow up mechanisms to allow people to report wrongdoing in the public and private sectors and protect whistleblowers from retribution. Other measures might include:
1. A lustration campaign to remove prosecutors, policemen and judges involved in the most egregious infringement of human rights and selective, politicized prosecutions;
2. A reduction in the number of policemen with a view to a smaller, more professional police force subject to more rigorous selection criteria and training requirements; and
3. Restoration of the freedom of mobile watchdog groups monitoring human rights compliance by Ukraine’s police forces.
Section II: FREEDOM OF EXPRESSION AND THE MEDIA'S ROLE IN THE 21ST CENTURY
Background
The role and freedom of the media in Ukraine continue to be very fragile. Overall, research shows that television remains the dominant medium in Ukraine, and that many television stations are controlled by pro-government business interests. Most independent information is delivered through the Internet and some small TV stations. However, the latter have much more limited audiences and resources. Ukrainian citizens do not typically have access to western media because the majority of the populace cannot afford to pay for cable news services.
The Issues
Open information about the activities of local authorities, including decisions and meetings, and greater transparency of information about budget expenditures and management of public property should become a priority for the Ukrainian government. Greater transparency of public procurement and information held by financial institutions and publication of annual declarations of assets and income and expenditures of public officials via the Internet should be implemented. Balancing the right to privacy with the freedom of information should not become a tool for withholding information from the public.
CUPP Recommends
To improve freedom of the press in Ukraine it is important that the implementation of the Law on Freedom of Information be monitored by responsible domestic and international bodies. The international community could provide vital assistance to Ukraine in developing a law on public broadcasting and ensure Ukraine’s adherence to global freedom of information standards.
Opportunities for journalists to conduct independent investigations and engage in fact-finding missions should be guaranteed by the Ukrainian government under the Constitution. Cases of violence and intimidation of journalists, including death and imprisonment, should be investigated.
The Ukrainian government should also ensure that information about media ownership is accessible to the public, encouraging media companies to achieve higher standards in accountability and transparency.
The following steps need to be taken:
1) Launch an independent public broadcasting system;
2) Create an independent regulatory body;
3) Establish effective anti-monopoly legislation designed to prohibit undue media concentration.
Section III: EDUCATION IN UKRAINE
Background
According to many experts Ukraine is currently experiencing significant economic decline with high unemployment, and is lagging behind other post-Soviet and EU countries in terms of productivity. One of the root causes of this is a significant skills shortage, with more than 40% of employers in Ukraine reporting that their workforce is inappropriately and/or inadequately educated.
Education and professional training are vital to boosting a nation’s economic growth and to creating opportunities for individuals.
In this panel the first speaker showed how present-day education policies in Ukraine are posing threats to national security by targeting integration and collective memory. The two following speakers mainly concentrated on the higher education system in Ukraine and the most problematic aspects within this system. Corruption was seen as one of the most outstanding problems in education and the important role education can play in fighting corruption was stressed.
CUPP identified the following barriers to a flourishing system of higher education:
1. Extensive centralization of educational system on the ministerial level, i.e. lack of independence of Universities in decision-making process:
a) Rigid curricula set by the Ministry of Education, such as specific mandatory subjects that are irrelevant and inconsistent with the chosen course of studies;
b) Limited autonomy of educational institutions in the distribution of financing (scholarship, faculty funding, program/project funding).
2. Young professionals educated abroad face obstacles when returning to Ukraine given the fact their diplomas are not currently recognized on a formal level.
3. Lack of procedures for admission/transfer between Universities and disciplines for students in Ukraine.
CUPP Recommends
We call upon the decision makers to take all possible steps to support the adoption of legislation, which will provide for the autonomy of Ukraine’s universities in accordance with international standards. It is time to end the overregulation of Ukrainian universities by the Ministry of Education of Ukraine and promote academic and financial freedom of Ukrainian higher education, and to modernize university curricula as needed for academic excellence, competitiveness and integrity. Ukrainian universities should develop codes of conduct in teaching and research in accordance with international standards on academic integrity, with zero tolerance for plagiarism. We urge the Ministry of Education of Ukraine to recognize diplomas from the leading universities from around the world. The procedure of nostrification should be simplified.
We strongly recommend that Ukraine:
1. Conduct reform aimed at decentralization of educational system by:
(i) Amending the existing legislation requiring mandatory subjects by withdrawing irrelevant subjects;
(ii) Allowing the Universities to design their own curricula;
(iii) Granting every student expanded rights to choose optional courses based on individual preferences;
2. Provide University administration and faculties with more flexibility in allocation of funds received from state and private sources;
3. Amend education legislation aimed at simplifying the recognition procedure of foreign degrees in Ukraine;
4. Provide each student with the free choice of being admitted to a graduate degree in a discipline other than that of his/her undergraduate as long as he or she meets the applicable requirements;
5. Implement flexible curricula; designate classes as optional or mandatory; and make critical and creative thinking a stand-alone subject;
6. Support the development of private schools;
7. Create legal procedures for making private donations to Universities;
8. Establish a minimum level of proficiency in Ukrainian for University teachers.