Ukraine’s roadblock to the EU: attacks on the pressAnalysis presented by Una Hrnjak SIS 645 July 1, 2012
Agenda Background EU and the Ukraine Priority Action Item for the Ukraine Client Situation Situation, Approach, Results Overview of current legislation Law of Ukraine “On Printed Mass Media (Press) in Ukraine” – Background – Analysis PACE Resolution 1535 Recommendations and Next Steps
Background Ukraine gained its independence in 1991 after the break up of the USSR • Ukraine signed a Constitution promoting human rights – including granting its citizens freedom of speech and expression • Ukraine started a transition from a communist society to a democratic one Ukraine has aggressively pursued an agenda of ambitious reforms to promote democracy and the market economy to become closer to the EU. According to the 2004 EU-Ukraine Action Plan — Ukraine must address the following: • Further strengthening the stability and effectiveness of institutions guaranteeing democracy and the rule of law • Ensuring the democratic conduct of presidential elections in Ukraine in accordance with OSCE standards • Ensuring respect for the freedom of the media and freedom of expression • Enhanced co-operation in the field of disarmament and non-proliferation • Enhance the investment climate“EU Ukraine ENP Action Plan”. European Union. Web. 11 06 2012. http://ec.europa.eu/world/enp/documents_en.htm.
The EU promotes the following themes for EU entry Democracy Rule of law Human rights Economic development Regional cooperation Countries: The EU has 27 Member Countries, 1 acceding country (Croatia), 5 official candidate (e.g. Serbia, Turkey), and 3 potential candidates (e.g. Kosovo)
Ukraine’s challenges for EU entry The European Community alone has provided assistance totaling almost € 2.4 billion since 1991 to Ukraine; funding will continue pending compliance Currently the European Union is closely watching the Ukraine and its failure to ensure the respect for the freedom of the media and freedom of expression Intimidation against journalists has caused much of the uncertainty According to reports by the Committee to Protect Journalists, there has been an increase in the number of journalists in Ukraine who have been killed, kidnapped, physically attacked, or verbally assaulted Data by the Committee to Protect Journalists “EU Ukraine ENP Action Plan”. European Union. Web. 11 06 2012. http://ec.europa.eu/world/enp/documents_en.htm. “Attacks on the Press in Ukraine 2011”. Committee to Protect Journalist. Web. 10 18 2011 http://cpj.org/2012/02/attacks-on-the-press-in-2011-ukraine.php
PRIORITY action item for the Ukraine: Ensure respect for the freedom of the media and expression. According to the EU-Ukraine Action Plan, Ukraine must focus on the following: Further improve and enforce the legal and administrative framework for freedom of media; taking into account relevant Council of Europe recommendations Ensure effective respect of freedom of media, including journalists’ rights“EU Ukraine ENP Action Plan”. European Union. Web. 11 06 2012. http://ec.europa.eu/world/enp/documents_en.htm.
Overview of Client Situation Client Situation The client, the government of Ukraine, is facing international criticism for the lack of attention placed on investigations in to current/former attacks on journalists. In addition, the country is being critiqued for the clear intimidation against journalists, including verbal threats, physical assaults, kidnappings, and death, such acts place in to serious threat the country’s ability to promote media freedom and freedom of expression. Key Issues Data What type of communications model exists in the EU? Justice in Ukrainian journalist murders: 5: Journalist murders since 1992 What type of communications model exists in the Ukraine? 3: Cases with no convictions, complete impunity 2: Cases in which assailants were convicted, but no What assumptions about how the Ukraine can transition from masterminds one model to the other? Assaults on journalists over time (according to IMI) What type of communications policies and reforms should • 2007: 8 the Ukraine focus on at this time? • 2008: 17 • 2009: 9 What factors and risks exist moving forward? • 2010: 13 • 2011: 12 According to the 2010 Press Freedom Index produced by Reporters Without Borders, Ukraine ranks 131 out of 178 next to countries like Iraq and Egypt for press freedom – a derisory showing for a country looking to join the European Union.“Press Freedom Index 2010”. Reporters Without Borders. Web. 11 06 2012.. http://en.rsf.org/press-freedom-index-2010,1034.html.Rowe, Sandra M. Attacks on the Press in 2011: A Worldwide Survey by the Committee to Protect Journalists. New York, NY: Committee to Protect Journalists, 2012. Print.
PACE makes recommendations for how to better protect the lives and freedom of expression of journalists Situation Approach Anticipated Results Client is dropping in rankings due to Review current legislation to comply Short-term: Transform current media lack of respect towards the media with European Union standards and legislation to comply with European implement recommendations from Union law and regulations EU leadership became weary of PACE in the process to ensure there o Help build a more “free” society Ukraine’s approaches towards the is a full integration of EU mandates o Ensure the people are able to media including intimidation of in to new laws and policies participate in public debate as journalists information is disseminated to them Understand the significance of o Ensure information can be easily The Parliamentary Assembly of the transitioning to a more liberal model Council of Europe (PACE) distributed and accessed to display towards communications policies to commitment to human rights and questioned Ukraine: ensure freedom of expression can democracy building o Can countries like Ukraine limit their be fully granted; limit government involvement with silencing the media? Long-term: Official EU entry intervention o Are countries like Ukraine truly o Establish appropriate transition from committed to promoting democracy and Nationalist-Cultural model to more human rights? liberal model to be o Could policies be implemented and/or amended internally to better protect freedom of expression? Where attacks against journalists can be carried out with impunity, democracy and the rule of law suffer. - PACE“Resolution 1535 (2007): Threats to the lives and freedom of expression of journalists”. Parliamentary Assembly of the Council of Europe . Web. 11 06 2012.http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta07/ERES1535.htm
Ukraine must transition from a Nationalist – Cultural Model to be more liberal Turning more liberal +freedom of expression is a human right +elimination of state Nationalist-Cultural Model intervention in content regulation +protection of journalists’ rights This will ensure Ukraine’s media laws are properly transformed to comply with EU laws“Lecture 2: Global Communication Policy Models” Venturelli
Current Legislation Legislation Notes Constitution Article 15 and 34 address the need to not ban censorship and to promote freedom of expression International Treaties Various international treaties have been implemented by Ukraine adopting the idea that freedom of expression is a human right and a right deserved by all Law on Press Freedom Law grants print media the ability to function and suggests journalists should be able to print stories freely Law on Information Law asserts Ukraine’s information sovereignty and determines the legal forms of international co-operation in the sphere of information Law on Television and Radio Law established TV and Radio operations in Ukraine“Ukraine Laws”. World Intellectual Property Organization. Web. 11 06 2012. http://www.wipo.int/wipolex/en/profile.jsp?code=UA
Key Takeaways from the Law of Ukraine ―On Printed Mass Media (Press) in Ukraine‖ Allowing media organizations to function and report on social, economic and political issues is important in a democratic society. Each citizen should have the ability to freely 1 express their opinions within a printed form and that what they print shall be free from censorship. Within the Law there is greater detail as to what it means to be a journalist, how to function as one, and how the journalist should report to his/her editorial staff for publication 2 decisions. In addition, the law includes information on how to register a newspaper. The Law outlines that, “editorial staff of mass media uses authors materials, works of literature, science and art exclusively adhering to the legislation on intellectual property.” 3 The Law continues to discuss the right for a legal entity or natural person to refute what is published if it is believed to be false. 4“Law of Ukraine on Printed Mass Media (Press) in Ukraine”, World Intellectual Property Organization. Web. 11 06 2012. http://www.wipo.int/wipolex/en/details.jsp?id=6286
Analysis of the Law of Ukraine ―On Printed Mass Media (Press) in Ukraine‖ Journalists live in fear for Current administration State intervention can be what they print – especially allows government exemplified through media when it is related to intervention in what is intimidation; nothing in the government corruption; free printed by the media; law protects journalists from flow of opinions and nothing in the law restricts this knowledge is not ensured by the state this Current law does not state Current law is vague, works the rights of journalists and in theory but not in the rights of the people to implementation; allows participate in the public Nationalist-Cultural model to space of Ukraine flourish“Law of Ukraine on Printed Mass Media (Press) in Ukraine”, World Intellectual Property Organization. Web. 11 06 2012. http://www.wipo.int/wipolex/en/details.jsp?id=6286
PACE Resolution 1535:Threats to the lives and freedom of expression of journalists Conduct investigations into the unresolved murders of journalists as well as attacks and death threats against them Develop effective policies for the greater safety of journalists and their right to carry out their work without PACE threats. Establish a specific monitoring mechanism for identifying and analyzing attacks on the lives and freedom of expression of journalists. Freedom of expression and information in the media includes the right to express political opinions and criticize the authorities and society, expose governmental mistakes, corruption and organized crime, and question religious dogmas and practices. Adjustments needed for EU entry“Resolution 1535 (2007): Threats to the lives and freedom of expression of journalists”. Parliamentary Assembly of the Council of Europe . Web. 11 06 2012.http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta07/ERES1535.htm
Recommendations Intensify the language in current legislation to include a clause about protecting the lives and opinions of its journalists Add language stressing the removal of the government’s ability to control the content of the reporting in the national media Add language supporting the establishment of a monitoring mechanism to investigate former/current attacks on Ukraine’s journalists Implement training programs for government officials, judges, law enforcement authorities and police in Recommendations will help the Ukrainian government adopt a more liberal respecting media freedom, in particular model towards communications; this will ensure Ukraine’s media laws are as regards protection of journalists and properly transformed to comply with EU laws media against violent threats