Tenth Anniversary of Ukraine Sovereignty Declaration

Tenth Anniversary of Ukraine Sovereignty Declaration

Hon.
Christopher H. Smith
United States
House of Representatives
106th Congress Congress
Second Session Session
Thursday, July 13, 2000

Mr. Speaker, ten years ago, on July 16th 1990, the Supreme Soviet (parliament) of the Ukrainian S.S.R. adopted a far-reaching Declaration on State Sovereignty of Ukraine. The overwhelming vote of 355 for and four against was a critical and demonstrative step towards independence, as Ukraine was at that time a republic of the Soviet Union.

 

The Declaration, inspired by the democratic movement Rukh whose key members were veterans of the Helsinki movement seeking greater rights and freedoms, proclaimed Ukraine's state sovereignty and stressed the Republic's intention of controlling its own affairs. Ukraine and its people were identified as the sole source of state authority in the republic, and they alone were to determine their own destiny. The Declaration asserted the primacy of Ukraine's legislation over Soviet laws and established the right of Ukraine to create its own currency and national bank, raise its own army, maintain relations with foreign countries, collect tariffs, and erect borders. Through this Declaration, Ukraine announced its intention not to use, possess, or acquire nuclear weapons. Going beyond Soviet leader Gorbachev's vision of a `renewed' Soviet federation, the Declaration asserted Ukraine's sovereignty vis-a-vis Moscow, a move that only a few years earlier would have been met with the harshest of sanctions. The Declaration's assurances on the protection of individual rights and freedoms for all of the people of Ukraine, including national and religious minorities, were extremely important and viewed as an integral aspect of the building of a sovereign Ukraine.

 

The Declaration itself was the outcome of emerging democratic processes in Ukraine. Elections to the Ukrainian Supreme Soviet, the first in which non-communists were permitted on the ballot, had been held only a few months earlier, in March 1990; one-third of the new members elected were representatives of the democratic opposition. Even the Communist majority voted for the Declaration, reflecting the reality that the Soviet Empire was steadily unraveling. A year later, on August 24, 1991, the same Ukrainian parliament declared Ukraine's independence, and in December of that year, on the heels of a referendum in Ukraine in which over 90 percent voted for independence, the Soviet Union ceased to exist.

 

Mr. Speaker, since the adoption of the Declaration ten years ago Ukraine has witnessed momentous transformations. Independent Ukraine has developed from what was, for all practical purposes, a colony of the Soviet empire into a viable, peaceful state with a commitment to ensuring democracy and prosperity for its citizens. It has emerged as a responsible and constructive actor in the international arena which enjoys good relations with all its neighbors and a strategic partnership with the United States. Obviously, the heavy legacy of communism and Soviet misrule has not yet disappeared, as illustrated by stifling corruption, and inadequate progress in rule of law and economic reforms. However, the defeat of the communists in last November's presidential elections, and the appointment of genuinely reformist Prime Minister Viktor Yushchenko have given grounds for renewed optimism, which is supported by evidence of growth in some sectors of the economy.

 

Mr. Speaker, now is the time for the Ukrainian people to strengthen and ensure independence by redoubling their efforts to build democracy and a market economy, thereby keeping faith with the ideals and goals of the historic 1990 Declaration on Sovereignty.

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However, Moscow has resisted surrendering its monopolistic market position and is fighting back through politically motivated energy projects designed to exploit the fault lines between European countries’ differing energy policies. The most important Kremlin-sponsored projects to date have been the planned Nord Stream 2 and TurkStream pipelines, which will carry gas to EU countries by circumventing Russia’s immediate post-Soviet neighbors. According to Doran, the Kremlin aims to end the role that neighbors like Ukraine, and to a lesser extent Moldova, currently play in the transit of gas to the EU through the Brotherhood and the Trans-Balkan pipelines. The success of Nord Stream 2 potentially could result in the loss of billions of dollars in transit revenues for Ukraine and Moldova, as well as diminishing their geopolitical importance for Europe, while subsequently enabling Russia to reassert its old influence over them by exploiting their diminished energy security. As a result of massive infrastructure projects promoted by the EU to develop reverse flow capacities on existing pipelines and create new interconnections, Ukraine is now capable of purchasing gas from a Western direction and, for the first time, since November 2015 has ceased buying gas contractually from Russia altogether. New pipeline infrastructure projects, namely the planned expansion of the Iaşi-Ungheni pipeline, as Lyndon Allin, Associate at Baker Mackenzie, pointed out at the same briefing, might enable Moldova in the medium-run as well to reduce its dependence on Russian gas that currently constitutes almost a 100% of its total gas consumption. Nevertheless, the effectiveness and profitability of these regional gas transit systems could be severely endangered once the transit of gas is diverted to other pipelines, potentially hampering the prospects of further gas infrastructure modernization, which is necessary for both countries to ensure their energy security. Moreover, as both ‘Stream projects’ would circumvent the region, Russian gas could become the only one that can be bought from the east as well as the west direction, strengthening Gazprom’s monopolistic market position in the region.  While political leaders on both sides of the Atlantic have been pushing recently for the introduction of U.S. LNG to the region to serve as a new ‘external solution’ to the above mentioned challenges, as Edward Chow, Senior Fellow at the Center for Strategic and International Studies (CSIS), noted at the briefing, the main challenge for post-Soviet Eastern European countries remains an internal one. While the level of energy infrastructure might already be close to sufficient, the biggest problem for post-Soviet countries remains the underdeveloped nature of their energy sectors that lack harmonized and stable regulations, consistently-applied property rights, and transparency. Additionally, as Dr. Mamuka Tsereteli, Senior Fellow of the Central Asia – Caucasus Institute pointed out, energy security could not be achieved without high-levels of cross-border market integration, even if physical infrastructures are in place. The underdeveloped nature of post-Soviet Eastern European countries’ energy sectors has been having a severe impact on the energy security of those states, in particular of Ukraine, which could be easily self-sufficient—even without the import of U.S. LNG—in natural gas if private investment was not being discouraged by the opaque, uncompetitive, and corrupt nature of its energy sector. Once the right regulatory environment is established, Ukraine, for instance, could possess an immense gas transmission and storage infrastructure that, if properly upgraded, as well as connected to the energy networks of Central European countries, could lead to the establishment of a highly liquid East Central European gas trading hub with a spot-based gas trade. This could create increased energy security in the entire region by improving both the level of competition and the diversification of supplies. While the West could offer the countries of post-Soviet Eastern Europe, Ukraine and Moldova in particular, alternative energy sources (e.g. U.S. LNG), these should and could not serve as a substitute for structural reforms and capacity-building, which are ultimately necessary to achieve true energy security in the region.

  • Journalists Persecuted 2017: Illustrative Cases

    By Jordan Warlick, Staff Associate Natasha Blaskovich, Intern Katya Kazmin, Intern With a section on the “improvement of working conditions for journalists”, the Helsinki Final Act explicitly recognizes the importance of journalists for democratic and open societies. Despite the signing of the agreement in 1975, the situation for journalists is still very grim in several countries in the region. The U.S. Helsinki Commission continues to monitor these conditions closely and remains concerned with: (a) murder, violence, and other egregious acts that harm the safety of journalists; (b) imprisonment of journalists for their work; (c) other restrictions that impede the work of journalists and a free press. The journalists featured below are representative of those persecuted so far this year. Afqan Muxtarli (Azerbaijan) – Muxtarli and his family fled to neighboring Georgia in 2015 after Muxtarli received threats related to corruption investigations into Azerbaijani President Ilham Aliyev and other officials. Following Muxtarli’s disappearance on May 29, 2017, Muxtarli’s lawyer told Radio Free Europe that the journalist was abducted in Tbilisi and handed over to Azerbaijani officers at the border. Muxtarli believes that these officers planted €10,000 on him and then promptly arrested him, in order to incriminate him for illegally crossing the border with a large sum of money and no passport. Amnesty International and other international human rights organizations have criticized the Azerbaijani government for its oppression of journalists and suppression of free speech. Georgia’s Interior Minister has stated that Georgia has launched an investigation into this allegedly unlawful imprisonment. Mehman Huseynov (Azerbaijan) – Huseynov, a well-known journalist and blogger in Azerbaijan, was sentenced to two years in prison on March 3, 2017 on defamation charges. Huseynov had been under a travel ban since 2012, and was reportedly harassed and intimidated by the police for years. In early January 2017, Huseynov was arrested in Baku, taken to the Nasimi police station where he was held incommunicado, and repeatedly beaten and abused. Although he filed a formal complaint with the prosecutor’s office and made his abuse public, Huseynov’s allegations were declared groundless and not investigated. Huseynov was accused of defamation by the Nasimi police chief, and was found guilty in May 2017. Halina Abakunchyk (Belarus) – Abakunchyk is a correspondent for Radio Free Europe/Radio Liberty (RFE/RL), a U.S.-government-funded service. She was detained overnight on March 12, 2017, accused of “participating in an unsanctioned rally,” and then fined approximately $300 for covering large nationwide protests in March over a tax on the unemployed. Abakunchyk was one of 32 journalists arrested and/or fined for similar offenses while covering the protests.   Zhanbolat Mamay (Kazakhstan) – Mamay is the editor of the Tribuna newspaper, one of the few independent papers in Kazakhstan to have survived a recent trend of pressure and harassment from the government. Arrested on February 10, 2017, Mamay stands accused of being an accomplice to money-laundering, along with opposition leader and former head of BTA Bank, Mukhtar Ablyazov, in 2009. Before his arrest, Mamay told RFE/RL that he felt he was being followed. Since his arrest, Mamay has complained of being beaten and extorted while in prison. There are concerns for the safety of Mamay and his family as well as the provision of a fair trial. The Committee to Protect Journalists and other organizations have called for his release. Nikolai Andrushchenko (Russia) – Andrushchenko was a Russian journalist known for reporting on issues provocative to the Russian regime, including corruption. When Andrushchenko was attacked by assailants in St. Petersburg on March 9, 2017, he was in the midst of investigating reports of corruption and human rights abuses, allegations including the involvement of local police. He was found unconscious several hours later and taken to a hospital where brain surgery was performed, leaving him in a coma. He died on April 19, 2017. Prior to the March 9 attack, Andrushchenko had been attacked at least two times in the last decade. In November 2016, assailants attacked him on his doorstep. He was also attacked in November 2007, weeks before he was jailed for two months on false charges of defamation and obstruction of justice. The police have not informed the newspaper which Andrushchenko co-founded, Novy Peterburg (New Petersburg), of any progress in the investigation. Dmitry Popkov (Russia) – Popkov, the chief editor of local independent newspaper Ton-M in Siberia, was found shot dead in his backyard in Minusinsk on May 24, 2017. Popkov was known for investigating alleged abuses of power and corruption. Ton-M’s motto, “We write what other people stay silent about,” made the newspaper – and Popkov himself – long-time targets. Shortly before his murder, Popkov had published reports regarding a federal parliamentary audit that revealed corruption in the local administration. An investigation has been launched by the regional branch of Russia’s Investigative Committee and Popkov’s journalism is being treated as a potential motive for the murder. Nur Ener (Turkey) – Ener, a journalist for the daily Yeni Asya, was detained by police after they raided her apartment in the middle of the night on March 3, 2017. Accused of being affiliated with the Fethullah Gülen network, Ener’s formal charges are unknown to her lawyer and she is allowed only 45 minutes of family visits a week and one hour with her lawyer. A former roommate of Ener, who was arrested after the July 2016 coup attempt, is said to have given Ener’s name to the police in the aftermath of the coup. Some of Ener’s critical reporting, including an interview where the guest criticized certain government policies, may have also been a reason for her arrest. According to the Committee to Project Journalists, Ener is one of over 80 journalists imprisoned in Turkey – the largest jailer of journalists in the world. Oguz Guven (Turkey) ­­– Guven is the website editor-in-chief of Cumhuriyet daily. He was detained on May 12, 2017 for spreading terrorist propaganda, a popular charge against journalists in Turkey. The arrest allegedly was prompted by the newspaper’s tweet about the death of Mustafa Alper, a senior Turkish prosecutor involved in prosecuting suspects in the July 2016 coup attempt. Cumhuriyet has come under extreme pressure from the Turkish government, with 17 journalists and board members standing trial on July 24. Guven and his colleagues could face prison sentences as long as 43 years. Stanyslav Aseyev (Ukraine) – Aseyev, a freelance journalist who contributed to Radio Free Europe/Radio Liberty under the name Stanyslav Vasin, has been missing from Donetsk since June 3, 2017.  On July 16, Yehor Firsov, a former Ukrainian lawmaker and close friend of Aseyev, said he received information through unofficial sources that the journalist was detained by pro-Russian separatists. Aseyev allegedly faces charges of espionage by the self-proclaimed Donetsk People’s Republic (DNR), who have threatened him with up to 14 years’ imprisonment. Other journalists highlighted in Political Prisoners in Russia: Mykola Semena (Ukraine) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Semena’s trial has been adjourned and delayed several times this year. If he is found guilty, he could face five years in prison. Roman Sushchenko (Ukraine) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Sushchenko’s pre-trial detention has been extended several times by the Lefortovsky District Court of Moscow since his arrest, and is currently set until September 30, 2017. Photos Cited: Afqan Muxtarli: Facebook Mehman Huseynov: Facebook Halina Abakunchyk: RFE/RL Zhanbolat Mamay: RFE/RL Nikolai Andrushchenko: RFE/RL Dmitry Popkov: TON-M Nur Ener: Platform for Independent Journalism (P24) Oguz Guven: Twitter Stanyslav Aseyev: RFE/RL

  • One Year Later: Seeking Justice for Pavel Sheremet

    When investigative journalist Pavel Sheremet died in a car explosion in central Kyiv on July 20, 2016, his assassination garnered global media attention. Upon learning the tragic news, then-OSCE Representative on Freedom of the Media Dunja Mijatović condemned the murder, saying, “This killing and its circumstances must be swiftly and thoroughly investigated, and the perpetrators brought to justice.” However, one year later, virtually no progress has been made on his case. Furthermore, the escalating harassment and attacks against journalists in Ukraine, coupled with a culture of impunity for perpetrators, is worrisome for Ukraine’s democratic future. To ensure they meet the aspirations of the Ukrainian people, authorities in Kiev must reaffirm their commitment to freedom of the press by ensuring the perpetrators of Sheremet’s murder—and similar cases of killing, assault, and harassment—are brought to justice. Download the full report to learn more. Contributors: Jordan Warlick, Office Director, and Amelie Rausing, Intern

  • One Year After Coup Attempt, Helsinki Commission Calls on Turkish Government to Respect OSCE Commitments, End Crackdown

    WASHINGTON—Ahead of the one-year anniversary of the attempted coup in Turkey, Helsinki Commission Chairman Sen. Roger Wicker (MS) and Co-Chairman Rep. Chris Smith (NJ-04) issued the following statements: “Last July, thousands of Turks took to the streets to stand against a military coup attempt. Turkish democracy still hangs in the balance one year later,” said Chairman Wicker. “I urge the Turkish government to restore stability and trust in its institutions by ending the state of emergency, releasing all prisoners of conscience, and guaranteeing full due process to all those who face credible charges.” “The Turkish government’s campaign against parliamentarians, academics, journalists, and thousands of others is marked by grave human rights violations,” said Co-Chairman Smith. “The Turkish courts’ support for this campaign is a sad sign of the challenges ahead – we recently saw this in a court’s confirmation of the expropriation of a Syriac Orthodox monastery. I call on the Turkish government and courts not to continue down the path to dictatorship.” Ahead of the May 2017 meeting between President Donald Trump and Turkish President Recep Tayyip Erdogan, Helsinki Commission leaders urged President Trump to seek guarantees that several U.S. citizens currently jailed in Turkey will have their cases promptly and fairly adjudicated and receive full consular assistance. They called for the prompt release of imprisoned American pastor Andrew Brunson; for consular access and fair trials for American dual citizens like Serkan Golge; and for timely and transparent due process for long-standing U.S. consulate employee Hamza Uluçay. Chairman Wicker also submitted a statement to the Congressional Record expressing his concern about the outcome of the April 16 constitutional referendum in Turkey, which approved Turkey’s conversion from a parliamentary government into an “executive presidency,” further weakening crucial checks and balances.

  • Energy (In)Security in Russia’s Periphery

    On July 13, 2017, the U.S. Helsinki Commission held a briefing on “Energy (In)security in Russia’s Periphery.” Energy security is an important topic that belongs to the OSCE’s Second Dimension. This briefing addressed energy security challenges in Eastern Europe and the Caucasus, in particular in Ukraine, Moldova and Georgia. Panelists included Peter Doran, Executive Vice President and Interim Director at the Center for European Policy Analysis (CEPA); Edward Chow, Senior Fellow at the Energy and National Security Program of the Center for Strategic and International Studies (CSIS); Andrian Prokip, Senior Associate at the Kennan Institute of the Woodrow Wilson Center and Energy Expert at the Institute for Social and Economic Research; Lyndon Allin, Associate at Baker McKenzie; and Dr. Mamuka Tsereteli, Senior Fellow at the Central Asia-Caucasus Institute. The panelists provided a background on energy security both generally and in the regional context of the post-Soviet space, as well as in the specific case studies of Ukraine, Moldova and Georgia. Mr. Doran stated that the energy security situation in Europe, and also in Russia’s immediate neighborhood, has fundamentally changed as a result of the end of energy scarcity in the world and the construction of new energy infrastructure in Central and Eastern Europe in a positive way. However, the bad news is that Russia is not willing to accept this game-changing market shift and is fighting back. For instance, the panelists agreed on the key role that Azerbaijan could play for the supply of energy not only in the post-Soviet space, but also in other European countries. They noted, however, in order for world-class projects, like the ones operating or being planned in Azerbaijan, to become a reality, the achievement of market integration is critical. Unfortunately, market integration in Southeastern Europe is exactly what Russia has been trying to prevent with the tool of energy corruption, which it uses to keep its neighboring countries dependent on it for energy supplies, and to obtain kompromat on various political leaders in the region. Mr. Doran specifically cited the case of the Nord Stream 2 pipeline project, which he argued is a political and not a commercial project for Russia to gain more influence over European, and in particular Ukrainian, energy security. When it comes to ways of approaching energy security, panelists agreed that it must be achieved not by top-down but rather with bottom-up solutions, citing the specific example of Ukraine, which could easily become self-sufficient if it implemented crucial reforms that hinder much-needed private investment in its energy sector. In particular, Mr. Chow observed that, while external challenges must be confronted and overcome, the implementation of crucial structural reforms in the energy sectors of post-Soviet countries is critical to meet the challenge that Russia poses. For example, he regards corruption in the energy sector in Ukraine as the key reason for the nation’s energy insecurity. The panelists agreed that U.S. political leaders should be careful about making promises to politicians in the region, for example the oft-cited promise that U.S. LNG exports will be able to substitute for Russian gas and solve the energy security problems of the region. Instead, as the panelists pointed out, the emphasis should be put on supporting the energy market development of countries in the post-Soviet space. Mr. Prokip stressed that the recently proposed reforms in Ukraine must go forward. In particular, progress must be made in implementation, which he argued could only happen if the West is willing to exert more pressure on the Ukrainian authorities, while continuing to provide advice and assistance. In both Chow’s and Prokip’s view, U.S. energy exports cannot serve as a substitute for structural economic reforms in Ukraine. Following a similar line of argument, Mr. Allin pointed out that, in the case of Moldova, it is the Moldovans who need to make more effort to solve their own problems, rather than looking only to foreign partners for external solutions. Finally, Dr. Tsereteli reminded the audience that structural reforms and the openness to trade and investment that accompanies them can lead to post-Soviet countries’ integration in the global economic system, as was the case in Georgia, which managed to improve its energy security significantly this way.

  • Helsinki Commission Briefing to Examine Energy Security in Russia’s Periphery

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ENERGY (IN)SECURITY IN RUSSIA’S PERIPHERY July 13, 2017 3:30 PM – 5:00 PM Dirksen Senate Office Building Room G11 Under Vladimir Putin, Russia has used its neighbors’ dependence on its energy supplies as a source of geopolitical leverage and sought to keep their energy sectors underdeveloped and corrupt. Ukraine has recently managed to implement crucial reforms in its energy sector, but challenges remain. Meanwhile, initiatives for similar reforms in Moldova have stalled, while Georgia has successfully reformed its energy sector and developed new infrastructure. Why are these outcomes so different and what more can be done to achieve energy security in post-Soviet Eastern Europe? This briefing will provide a general overview of energy security in Ukraine, Moldova, and Georgia, and examine challenges and opportunities in the energy sectors of these states. Briefers will discuss the role that corruption plays in preventing the implementation of effective reforms as well as strategies to curb Russian influence. The following experts are scheduled to participate: Peter Doran, Executive Vice President and Interim Director, Center for European Policy Analysis (CEPA) Edward Chow, Senior Fellow, Energy and National Security Program, Center for Strategic and International Studies (CSIS) Andrian Prokip, Senior Associate, Kennan Institute; Energy Expert, Institute for Social and Economic Research Lyndon Allin, Associate, Baker McKenzie Mamuka Tsereteli, Senior Fellow, Central Asia-Caucasus Institute  

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