MOTION FOR A RESOLUTION on current developments in Ukraine
24.10.2011
pursuant to Rule 110(2) of the Rules of Procedure
Johannes Cornelis van Baalen, Adina-Ioana Vălean, Marietje Schaake, Jelko Kacin, Leonidas Donskis, Gerben-Jan Gerbrandy on behalf of the ALDE Group
See also joint motion for a resolution RC-B7-0543/2011
B7‑0543/2011
European Parliament resolution on current developments in Ukraine
The European Parliament,
– having regard to its previous resolutions on Ukraine,
– having regard to the decision to postpone the meeting of President Yanukovych with President Barroso and President Van Rompuy officially scheduled for 20 October 2011,
– having regard to the verdict of the Pechersk District Court in Ukraine in the case of Ms Yulia Tymoshenko issued on 11 October 2011, and second criminal case opened against Yulia Tymoshenko by Ukraine’s Security Service as announced on 13 October 2011,
– having regard to the statement by EU High Representative Catherine Ashton on behalf of the European Union on the verdict in the case of Yulia Tymoshenko issued on 11 October 2011,
– having regard to the Joint Statement adopted at the EU-Ukraine Summit held in Brussels on 22 November 2010,
– having regard to the Final Statement and Recommendations issued following the 16th meeting of the EU-Ukraine Parliamentary Cooperation Committee, which took place on 15-16 March 2011 in Brussels,
– having regard to the Ukraine’s chairmanship of the Committee of Ministers of the Council of Europe May - November 2011,
– having regard to the joint OSCE/ODIHR and Venice Commission opinion on the draft law on election of people’s deputies of Ukraine issued on 17 October 2011,
– having regard to the Joint Declaration on the Eastern Partnership launched in Prague on 7 May 2009,
– having regard to the Partnership and Cooperation Agreement (PCA) between the European Union and Ukraine, which entered into force on 1 March 1998, and to the ongoing negotiations on the association agreement designed to replace the PCA,
– having regard to Rule 110(2) of its Rules of Procedure,
A. whereas Ukraine is a European country and its size, resources, population and geographical location give Ukraine a distinctive position in Europe and make it a key regional actor as well as an important strategic country for the EU;
B. whereas Ukraine’s President Viktor Yanukovych has repeatedly stated his determination to adhere to the European values as stated in the European Convention on Human Rights and Ukraine is currently chairing the Committee of Ministers of the Council of Europe;
C. whereas the rule of law and fundamental democratic freedoms remain under threat in the Ukraine; in addition corruption is still widespread and systematic;
D. whereas the recent conviction of Yulia Tymoshenko, her continuous imprisonment, as that of her government ministers and high officials, attests to the widely considered notion of these judicial processes being politically motivated and therefore in breach with the fundamentals of the rule of law;
E. whereas the Government of Ukraine has committed itself to a range of legal reforms that would align the Ukraine private and public law with European and international standards;
F. whereas the rule of law is vital for EU - Ukraine relations in general and for the viability of the EU-Ukraine association agreement in particular;
G. whereas the joint opinion of OSCE/ODIHR and Venice Commission of the Council of Europe calls for a strong need for consultation with opposition parties and civil society on the change of the electoral system, the setting of the threshold for gaining mandates and the banning of blocs;
H. whereas the postponed visit of President Yanukovich did not allow for the European Union to raise directly their concerns on the state of democracy and the rule of law in Ukraine;
1. Emphasises that EU-Ukraine relations are based on common values and a common history and that the EU has acknowledged Ukraine’s European aspirations and welcomed its European choice; notes that the depth of the EU-Ukraine relationship will be determined by the implementation of reforms and by further consolidation of common values;
2. Concerned by the deteriorating state of democracy and the rule of law in Ukraine; considers these to be essential for the EU - Ukraine relations in general and the conclusion of the Association Agreement in particular;
3. Condemns the politically motivated nature of the current conviction and ongoing prosecution of Yulia Tymoshenko; calls for her immediate and unconditional release, and all criminal charges against her being dropped; insists that Yulia Tymoshenko should be allowed to exercise her right to fully participate in the political process as of now and in the forthcoming elections in Ukraine;
4. Notes that the former Minister of Interior Yuriy Lutsenko remains in custody as of 26 December 2010 without a judiciary ruling and that preventive measures used against him are not adequate to the crime allegedly committed; considers it vital to ensure that all cases relating to the Tymoshenko government and its high officials are dealt with swiftly and transparently according to the basic principles of the rule of law and independent judiciary;
5. Supports the initiative of the Verkhovna Rada to review the Criminal Code of Ukraine in order to bring it in line with international and European standards and is convinced that decriminalisation of articles 364 and 365 contributes to this objective;
6. Strongly supports the recommendations expressed in the joint opinion of the Venice Commission and OSCE/ODIHR on the draft parliamentary election law; Considers it essential that these recommendations are adopted and implemented in an expedient, inclusive and comprehensive fashion that involves both opposition and civil society;
7. Concerned at the increasing number of credible reports, that fundamental rights and freedoms are undermined; calls on the authorities to fully investigate all reports of infringements of rights and freedoms, prosecute perpetrators and remedy any violations identified;
8. Alarmed by the reports on the deterioration of media freedom and pluralism in Ukraine; Calls on the authorities to take all necessary measures to protect these essential aspects of a democratic society and to refrain from any attempt to control, directly or indirectly, the content of outings in the national media;
9. Encouraged by the progress in the process of negotiation on the EU-Ukraine Association Agreement, in particular its deep and comprehensive Free Trade Area (DCFTA) aspects; notes that the finalisation of negotiations on the Agreement depend solely on the commitment and political will of the Ukrainian government to respect the principles enshrined in the Agreement as well as its provisions, particularly those referring to the principles of the rule of law and the independence of judiciary;
10. Considers the recently postponed meeting with President Yanukovych to be an important opportunity to tackle serious concerns addressed towards the Ukrainian government and re-establish a constructive dialogue that could lead to the Association Agreement to be initialled provided there is significant progress on both technical and vital political obstacles still in place; calls on the Council and the Commission to reschedule the recently postponed meeting with President Yanukovych ahead of the foreseen EU-Ukraine Summit in December 2011;
11. Instructs its President to forward this resolution to the Vice-President of the Commission/ High Representative of the Union for Foreign Affairs and Security Policy, the governments of the Member States, the President, Government and Parliament of Ukraine and the Parliamentary Assemblies of the Council Europe and the OSCE.