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RESEARCH UPDATE
Vol. 8, No. 33/281
September 23, 2002
Copyright 2002 by UCIPR
Ukrainian Center for Independent Political Research (UCIPR)
All rights reserved.
For subscription, please select any or all of the
publications
listed at the UCIPR web site
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September 16: Political Chants
Yulia Tyshchenko, Head of Civil Society Programs
The Overture
A revolution can be victorious only if it can
protect itself, a classic of Communism once stated. It is
hard to answer for sure whether the September 16 events
in Ukraine were a revolution and what they could bring to
the organizers, and, most importantly, who managed to use
their fruit. Less then 20 hours passed between the rally
in the Evropeiska Square and the destruction of the
protesters¹ tents near the presidential administration.
64 protesters were detained by the police.
The Ukrainian opposition claims that the September
16 events were just the beginning, and more steps will
follow that finally will bring down the regime. It is a
big question whether such claims can be realized.
According to the Constitution (Article 108), the
President¹s powers can be terminated earlier only in
cases of (1) resignation, (2) poor health that makes it
impossible for the president to carry out his duties, (3)
impeachment, and (4) death. Currently there is no reason
to hope that Kuchma will respond to the opposition¹s
demands. Efforts to initiate the impeachment procedure
through the parliament have failed, as the initiators
found themselves well short of the required 226 votes.
On September 16 the rally took place in the center
of Kyiv regardless of the judgment oft he Shevchenkivsky
borough court that had satisfied the lawsuit of the Kyiv
State Administration and ordered the opposition to move
the venue of its rally 14 km away from Kyiv. According to
law-enforcement authorities, the rally was attended by 15
thousand people. The organizers argue that the turnout
was 25,000 to 30,000. Throughout Ukraine, the protest
rallies gathered about 50,000 protesters, the police say,
while Yulia Tymoshenko argues the rally participants
numbered 127,000. Hence, the opposition succeeded in its
task to bring as many people as possible to the streets.
Ironically, people throughout Ukraine could find out
little about that from the media. The media, in their
turn, managed to make very limited reports about the
event and use optical tricks to make sure the rally
looked less massive than it was.
One of "expected surprises" was the arrival of
Viktor Yushchenko to the rally and his statement that the
authorities "understand only one kind of politics - the
one done under the carpet or behind the curtains" and,
apparently, do not wish to engage in a dialogue with the
opposition (Den, September 17, 2002). The participants of
the rally adopted an appeal to the President of Ukraine
that called on his to resign immediately. They also
called on law-enforcement authorities not to follow the
orders of Kuchma and foreign diplomats to ignore him. The
appeal, signed by Yulia Tymoshenko, leader of the
Socialist party Oleksandr Moroz, leader of the Communist
party Petro Symonenko, and Viktor Yushchenko of Nasha
Ukraina, read that President Kuchma had no other choice
that to confess his sins to the people and leave the
office immediately (UNAIN, September 16, 2002). The
document stated that within the years of Kuchma¹s one-
person rule the society and the state have been thrown
back by 30 or 50 years, that Kuchma "became the president
illegally, is involved in crime, and is responsible for
the "catastrophic reduction of population of Ukraine".
The opposition leaders failed to hand the appeal to
Kuchma as they initially planned, as the President was in
Austria on that day. The next day the President refused
to meet representatives of the protesters who wanted to
hand the appeal to him. According to presidential chief
of staff Viktor Medvedchuk, Kuchma explained his decision
not to meet with the opposition representatives because
the resolution of the rally was "humiliating" for him.
Meanwhile, according to Medvedchuk, the President is
ready for a dialogue with representatives of any socio-
political forces, provided that would be a civilized
exchange of opinions in which all of the participants are
concerned primarily with the future of Ukraine. In his
view, the "extremely insolent nature of the appeal of the
participants of the action" makes such a dialogue
impossible. The next day the opposition failed to gather
enough supporters to open an urgent session of the
parliament.
Yushchenko¹s signature under the tough anti-Kuchma
appeal was a surprise itself. A few days before the
opposition publication, Silski Visti, published an
article titled "The Yushchenko guys support the
opposition with their hearts but do not hurry to sign
under that". On September 16 the signature was publicly
placed under the appeal. It is unclear whether the fact
means that Nasha Ukraina finally positioned itself as an
opposition force and whether the view was shared by all
members of the faction. Part of the answer can be found
in a statement of Nasha Ukraina, issued on September 17:
the "People¹s Forum "For Democratic Development of
Ukraine!", initiated by Nasha Ukraina, showed to the
society and the authorities a real chance to exit the
political crisisŠ but the authorities did not use the
chance to sit to the negotiation table. "The authorities
stayed deaf, blond and dumb," the statement read. Nasha
Ukraina demanded to release the protesters detained
during the night of September 16 to 17, to call an urgent
session of the parliament to discuss the current
situation and to hear reports of the Ministry of the
Interior, the Ministry of Transport, and the State
Committee for Information and Communications, the
Ministry of Justice. The statement also demanded to lift
media censorship and provide access to the air for all
political forces. If the demands were not satisfied,
Nasha Ukraina threatened to continue protest actions that
would call for early presidential elections and early
parliamentary elections based on a proportional election
system. The statement was, in fact, a reaction of Nasha
Ukraina to the lack of attention of the presidential
administration to their "traditional" initiatives for
forming a parliamentary majority based on Nasha Ukraina,
and forming a coalition government. As if sensing
possible reaction to the calls by Yushchenko, one of the
group¹s sympathizers, leader of the parliamentary group
"Democratic Initiatives" Stepan Hawrysh announced that
"the authorities should not feel offended", as the most
important thing was for the authorities to refrain from
ultimatums and demonstrate responsibility for the
national history. There is no certainty, however, that
the appeal to "live in peace" will be heard by the
opposite side.
Something about the reasons
One may quote different reasons and motivations that
have brought the people to the streets on September 16.
Most of the reasons can be classed into generally
political and personal ones. The personal reasons are
linked to the leadership factor, as leading the protest
action makes the leader a top actor in the opposition
circles and adds to his or her chances for the
presidential elections - currently scheduled for the fall
of 2004. To a large extent, the "face" of the opposition,
its actions and drawbacks are "programmed" by the
authorities. The point is not just that many of the
opposition leaders were in power some time ago. It is
difficult to single out criteria that would determine
belonging of some political forces to the opposition, as
far as their ideology, clear proposals for further
development of the state and society, strategies are
concerned. Similarly, the government also does not seem
to have a clear vision of what is it trying to build,
regardless of declared strategic plans and slogans.
To a large extent, the recent protest rally reflects
the current political and informational realities in
which the Ukrainian opposition forces have to operate.
The political environment includes the lack of mechanisms
of influence in the parliament, the lack of a dialogue
with the government, and cases of pressure on the MPs.
Hence, through appealing directly to voters and potential
supporters, the opposition forces are trying to
compensate for the inability to legitimize their claims
through parliamentary means. By generating public
support, the opposition demonstrates its legitimacy to
the power-holders. In this sense the actions are
compensatory in nature and point to the lack of
democratic mechanisms of political dialogue in this
country.
Another reason that is usually quoted by experts is
the lack of access of the opposition to the media.
Blocked from the media during the election campaign, the
opposition did not get the access after the elections.
The announced idea of formation of a media holding by
Nasha Ukraina so far has not been implemented. On
September 16, all TV channels were down for
"maintenance". None of national and Kyiv TV channels
broadcast before 3 pm, and the first newscasts appeared
only in the evening.
"Building a majority": moving in a political
labyrinth
One of the reasons that forced Nasha Ukraina towards
the opposition slogans was the process of building a
majority in the Ukrainian parliament - closed, non-
transparent and personality motivated as ever.
The current stage of shaping the parliamentary
majority was launched by the president¹s declaration of
the need for transition to a parliamentary-presidential
republic. Noteworthy, there were little, if any, talks
about what should be done first - amendments to the
Constitution prepared and introduced or a specific de
facto majority formed first, and a government formed on
its basis. The supreme task of political forces outside
the parliament, namely, in the presidential
administration, is to build a majority that would form a
coalition government reflecting interests and ambitions
of consolidating forces of such a majority.
Paradoxically, nowadays there is no real majority in
the Ukrainian parliament, though a number of options are
being discussed. Obviously, it is impossible to form a
majority based on the opposition four. Even though all
MPs that are members of the Yulia Tymoshenko¹s block, the
Socialist faction, the Communist faction and Nasha
Ukraina are taken together (regardless of their strong
differences and strategies), that would make no more than
217 votes. Moreover, those factions are also not monolith
- take, for instance, the position of Crimean Communist
leader Leonid Grach and his friendly relations with pro-
presidential factions. The Communists still do not have a
clear position regarding the appeal of the Prosecutor
General to the parliament to strip Yulia Tymoshenko of
her immunity to prosecution and allow her arrest on
economic criminal charges. The majority based on the four
factions could not be formed during the election of the
Speaker. It is unlikely that the project might succeed
today.
There are efforts to form the majority based on nine
pro-presidential factions, with or without Nasha Ukraina.
Such a majority will give from 216 to 223 MPs and will
also be very unstable and vulnerable to pressures and
hazards. Moreover, it will not be able to carry out the
fundamental changes announced by President Kuchma. While
it is true that some members of the opposition factions
can be recruited to such a majority, so far negotiations
have not been completed.
Another option is forming a majority of eight pro-
presidential factions less SDPU(o) plus Nasha Ukraina.
Yet, given the influence of Viktor Medvedchuk in the
parliament, and the careful attitude of pro-presidential
factions, this option is not very likely.
Another option would be a majority formed of almost
320 MPs - including members of Nasha Ukraina and the
SDPU(o) factions. This is the most favored option of most
of pro-presidential factions. The difficulty of such a
solution is personal political confrontation between
Yushchenko and Medvedchuk that makes even a tactical
alliance between them unlikely. The two politicians keep
challenging each other by trying to form "their own"
majority and, therefore, influence the formation of the
future Cabinet of Ministers and gain additional scores in
terms of the presidential election prospects.
Paradoxically, the same factions are prepared to build a
majority with Yushchenko and with Medvedchuk.
The process of building a majority looks like moving
in a political labyrinth with no certainty as to where
any of the ways leads and strong chances to get lost. A
step towards forming a majority was made at the Forum
"For Democratic Development of Ukraine", organized by
Nasha Ukraina. On September 15 some political forces
represented in the parliament - Yushchenko, leader of
Trudova Ukraina - PPU Serhiy Tihipko, leader of
Democratic Initiatives Stepan Hawrysh, leader of the
Agrarians Kateryna Vashchuk and leader of the faction of
the People¹s Democratic Party Anatoly Tolstoukhov -
signed a Joint Statement declaring their initiative for
forming a democracy coalition in the parliament. Later
on, one of the most active advocates of including Nasha
Ukraina to the majority, Sergiy Tihipko, announced he had
spoken by telephone to leader of the faction of the
Regions of Ukraine Raisa Bohatyriova who had voiced
support for the idea and the intention to sign the Joint
Statement in the near future. On September 18, political
coordinator of Nasha Ukraina Roman Bezsmertnyi confirmed
that Nasha Ukraina was interested in "contact and
approximation" with the Donetsk group, represented by the
Regions of Ukraine (Ukrainska Pravda, September 18,
2002).
The number of volunteers to join the Nasha Ukraina-
based alliance appeared to grow. Recently, Viktor
Yushchenko announced that the Narodovladdya group
intended to join the alliance and was prepared to sign
the necessary documents. However, some uncertainty did
not disappear. For instance, although the PDP was one of
the signatories of the Joint Statement, on September 20
the leader of the faction Valery Pustovoitenko announced
there were several options of forming a majority. He
argued the team for the majority should be based on all
parliamentary factions and groups and include "everybody
who wants to work; that may be Nasha Ukraina as well".
The interpretation of Nasha Ukraina as just one of
"involved" members instead of the basis for the majority
changes the nature of the would-be alliance and,
obviously, does not suit Nasha Ukraina. The statement of
the PDP faction leader was a reaction to the claim of
Tihipko that the "basis for the parliamentary majority
will be the factions that signed the Statement on forming
a majority at the Forum of democratic forces in Kyiv on
September 15". Furthermore, Raisa Bohatyriova, who,
reportedly, intended to join the initiative of Nasha
Ukraina, announced that negotiations about the would-be
majority were taking place in two formats: "nine pro-
presidential factions plus Nasha Ukraina" and "nine pro-
presidential factions without Nasha Ukraina".
Viktor Yushchenko also spoke about separate options.
On September 20 he announced there were two centers of
forming a parliamentary majority - one of them formed in
the presidential administration where, according to
Yushchenko, there are daily reports that "the collective
farm will be built at any conditions, with all possible
mechanisms"; and the other one, formed in the parliament,
"in the hands of democratic forces", aware of the fact
that "Ukraine no longer accepts an administrative
majority".
Viktor Medvedchuk does not remain silent on the
matter. On September 20 the SDPU(o) faction issued a
statement that it considered impossible to join a
majority together with Nasha Ukraina until its leader
publicly calls off his signature under the resolution of
the protest rally, "Rise, Ukraine!", for "those texts are
extremely humiliating in form and not only contain
groundless accusations against the government and the
incumbent President, but also represent disrespect to
authority of the Ukrainian state".
It is hard to count the number of discussions and
consultations in the office of Speaker Volodymyr Lytvyn
about formation of the "9 + NU" and "9 - NU" options. It
is similarly difficult to say how many consultations and
meetings have been held in the presidential
administration. Viktor Medvedchuk, who is not going to
lose his influence on the legislature commented on the
initiative of the five factions that had signed an
agreement at the Democracy Forum, by saying that the
majority should be formed around the political report
announced by the President on August 24. A parliamentary
majority should be formed in the session hall, not at
research conferences, Medvedchuk added. Anyway, we may
see the reasons that pushed Nasha Ukraina to
participation in the actions. On September 18, 2002, NU¹s
political coordinator Roman Bezsmertnyi said that Nasha
Ukraina would not only participate in the protests, but
would also acts as their organizer "if the government
refuses to start a dialogue with the society".
It is hard to say if the political forces in the
parliament manage to decide on the majority within the
short term, as announced. On September 19, a
representative of Nasha Ukraina Yuri Kostenko and leader
of Trudova Ukraina/PPU faction Serhiy Tihipko announced
they had agreed on a draft coalition agreement that would
have to be approved by the Speaker and the President. By
September 20 the President found no time in hi schedule
to see Kostenko and Tihipko. His reluctance casts doubts
about implementation of the "9+1" or the "8 + Nasha
Ukraina" scenarios. It looks like in this play, in which
many of the actors play several roles at a time,
everybody wants to keep the pause for as long as
possible. Meanwhile, the politics continues moving
through a labyrinth.
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