Back Launch of the Ukraine Action Plan

Kyiv , 

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The urgent need for reform

As Minister Klimkin said, today we are launching the next phase of our work together.

The Council of Europe takes our responsibilities in Ukraine very seriously.

You are one of the largest of our 47 member States.

Our job is to help you meet European standards of democracy, human rights and the rule of law.

We were doing that before the crisis, in the middle of the crisis, including by establishing the International Advisory Panel, to investigate human rights violations and we will be here long after this crisis.

We count on Ukraine as a vital member of the Council of Europe.

We value your experience; we rely on your participation.

We are here as your partner and your friend.

And as an honest and committed friend, I say this:

The ceasefire is fragile – you know that.

And many of the ambitions of the Maidan revolution are not yet real.

People took to the streets to call for new politics in order to bring freedom, prosperity, security and this new politics is within reach but it urgently needs to be grasped.

This is the ambition at the heart of the Action Plan we are launching today.

Helping Ukraine deliver democratic reforms authored by the people, for the people, without delay.

I commend the Government for setting up the new Constitutional Commission.

Ukraine needs its revised constitution ahead of October and the local elections.

A constitution can bring a nation together or tear it apart and this one must embody the spirit of Maidan, bridging differences, taking power closer to the people and the Council of Europe can help.

We have the expertise to assist you in strengthening Ukraine’s democratic institutions, while meeting your obligations under international law and the European Convention on Human Rights.

Our Venice Commission, already active here, is a global authority on constitutional reform.

All of our member states consult it when they amend their constitutions, precisely because of the quality it guarantees.

Of course, it is not for the Council of Europe or any other partner to dictate exactly what the constitution should look like.

The drafting process should be open and inclusive, belonging to the Ukrainian people and generating the largest possible public and political consensus.

And I believe there are three guarantees which the constitution and the reform process must now provide.

All are priorities in the Plan we are launching today.

Independent Judiciary and an end to Corruption

First: an impartial judiciary and an end to corruption.

Important steps have been taken.

New legal limits to curb the power of the Prosecutor General.

The Law on Ensuring the Right to a Fair Trial.

The adoption of the Anti-corruption package of laws last year.

The ambition to purge state departments of corruption while respecting European standards is also welcome.

I know the Ukrainian government has been working with the Venice Commission on these proposals and I look forward to seeing the results of this co-operation in the coming days.

But more must be done.

Any hint of cronyism makes Ukraine weak:

Less public trust; less international respect; less foreign investment.

We need to accelerate reform.

The Council of Europe is already supporting this process, and will continue to do so.

We will help make sure:

that the laws adopted guarantee the independence of the judiciary;

that the judicial self-governing bodies are duly composed, with a final say over the appointment of judges and the power to hold them to account;

that the rights of parties in proceedings are fully respected, including the right of citizens to have their cases heard by impartial courts and within reasonable time;

We will help make sure that the decisions of these courts will be enforced:

That judges, prosecutors and lawyers are properly trained and that they operate in a transparent way.

And we will help make sure that the victims of crimes and abuses – including those committed by State officials – are thoroughly investigated and that the perpetrators are brought to justice.

With these reforms together we can convince people that the authorities are not a threat to their liberty, but its guarantor.

Decentralisation

Second: successful and effective decentralisation.

Again, there has been some initial progress:

The adoption of the decentralisation concept last year;

The Budget Code in February this year;

Laws on voluntary inter-municipal co-operation and self-organisation of the population are already in force and the law on voluntary mergers of municipalities is now finalised.

The Council of Europe is proud to have helped bring about these reforms.

But we need to go further and faster:

Decentralisation is hard and the window of opportunity is closing every day.

What powers will be devolved, and where?

How should the territorial administration be reshaped?

What powers will local people have over the taxes they raise and spend?

These are not easy questions.

But, across Europe government after government has faced the challenge of devolving power and where there is political will, there is a political way.

Ukraine should be ready to embrace differentiated devolution:

In other words, different powers for different places.

It is messy, yes.

But it works.

We see it work well in other European nations, from Spain to Italy to the UK.

Even in my country, Norway, where we only have 5 million people we have had to decentralise power.

And a self-confident Ukraine, in step with its European neighbours, is a Ukraine where all citizens are free to express their identities and can do more to drive their own fates.

Human Rights

Finally: upholding human rights.

I want to praise the government’s Human Rights Strategy, which will soon be adopted, and which is in line with Council of Europe standards.

It sends a reassuring message to people across Ukraine and the world.

In order to strengthen that message we also want to see last autumn’s law to protect IDPs implemented without delay.

Thousands of Crimean Tatars and many others fled violence and left everything they knew.

Their social rights must be met:

The opportunity to reunite with family;

To return to their homes, whenever possible, and to rebuild their lives safe from harm.

We will support Ukraine in this, working with the UNHRC and other experts in the protection of IDPs.

And we will use our expertise to help you clamp down on human trafficking.

To help you guarantee Freedom of Assembly, Freedom of the Media and Protection of Minority Rights.

We have programmes planned on all these fronts.

However if there is one area I would like to single out, it’s this:

Ending ill-treatment and impunity in prison and police custody.

In its last visit, our Committee on the Prevention of Torture found grave abuses at the hands of prison officers.

Beatings, sexual violence, vile and degrading punishments.

These violations were not found to be widespread, but they were made possible by systems of intimidation used to maintain internal order.

These acts belong to a different Ukraine.

And I cannot think of a better way of honouring those who lost their lives in the Maidan protests last year than showing that torture has no place in this nation anymore.

On this, and all of the reforms you seek, we will work with you.

Training judges, helping draft laws, assisting with elections, helping teach democratic values in your schools…

The Council of Europe is already by your side, on the ground and we are here for the long-haul.

I want to thank the EU and the Council of Europe member and observer States who have already contributed funding for the Action Plan.

I also thank in advance those who will be making pledges in the coming days and weeks.

I know that many States want to help support a strong and successful Ukraine.

A year ago the Ukrainian people made a choice:

Democracy. Human Rights. The Rule of law.

We admire you for it, we thank you for it and we will support you every step of the way.