Dealing in Kyiv.

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It looks like the legal stalemate in Ukraine could be a little closer to a solution. Possibly related to reports about the opposition offering immunity to incumbent President Kuchma in exchange for him no longer trying to factually or legally obstruct the preparations for the repeated presidential run-off election on December 26, at least most of the constitutional and procedural problems which led to parliamentary tensions last Saturday seem to have been resolved in a six hour round table talk with European mediators, including the EU’s Javier Solana and Poland’s President Aleksander Kwasniewski.

While the parties seem to have finally agreed to the dismissal of the current Central Electoral Committee, the abolition of the problematic absentee ballots, extended checks of electoral registers to keep at least most of the dead from voting, and an end to the blockade of government buildings, it is unclear at this point to which extent the issue of pre-electoral constitutional change reducing the powers of the future UkrainianPresident in favor of the parliament has been settled.
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Rumours

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The Independent reports a ‘government source’ in Kiev telling their reporter that plans are afoot to try and connect the opposition forces with a terrorist attack:

Ukraine’s embattled government is ready to stage faked terrorist attacks to destabilise the country and discredit the opposition ahead of a rerun of the presidential vote, a senior government source has told The Independent.

The official, who works for the government of the Moscow-backed candidate and current Prime Minister Viktor Yanukovych, said: “One of the plans is to blow up a pipeline and blame it on opposition supporters. Ukraine is the key transit country for Russian gas supplies to the West.”

Mr Yanukovych’s backers fear the prospect of their candidate losing to Viktor Yushchenko and are ready to plunge the country into economic chaos, the source revealed. “They are planning to use criminals – plain bandits – that they have a hold over.” The source said that a senior member of the government had been tasked with overseeing terrorist acts.

There’s also talk of potential financial chaos in Ukraine because of the protests:

Supporters of Mr Yanukovych and the current President Leonid Kuchma will also seek to play on fears that inflation will wipe out people’s savings as it did after the disintegration of the Soviet Union.

There has already been a run on banks and black market money changers are returning to the streets with far higher dollar and euro exchange rates.

The government has already suggested that it will not be able to pay pensions and government salaries in December, although the opposition claims there are adequate reserves to pay everything.

The uses of soft power

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Harry’s Place and Cabalamat both got to this Robert Kagan piece in the Washington Post (registration or Bug Me Not required) before me, and there’s not too much to add to Phil’s rather interesting remarks on it. As a sidenote to his contention that the EU is the Borg – ‘you will be assimilated (and enjoy it) – resistance is irrelevant’ – I can remember an episode of one of the myriad Star Trek series where someone made the same argument about the Federation.

I have a feeling that the Ukrainian crisis may, when we look back at it from ten or twenty years down the line, turn out to be one of those crucial turning points for the EU. It’s not just in terms of the Europe-Russia-US geopolitics that have been discussed quite extensively over the last two weeks, but it’s also important in the EU’s image of itself. It’s reiterated the idea that the countries of the former Eastern Bloc want to join the EU, that it has what Kagan calls ‘the power of the attraction’ but it’s also shown, as Phil discusses, that there are ways to use the ‘soft power’ of the EU constructively. Javier Solana may talk softly, but his big stick is economic and cultural rather than military, even though these may take longer to have an effect and cause changes.

Of course, one test for the EU will be to see how far away from its borders this sort of power can be wielded (it’s important to remember that the EU will most likely have a border with Iran in the medium term) and whether this soft power can be applied globally or merely within the neighbourhood.

Continuing

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While everyone takes the chance to catch their breath after the twelve days of the Orange Revolution, it’s worth remembering that the political crisis in Ukraine continues, just that the focus has shifted to Parliament from the streets. There’s already deadlock over the attempts to reform the Central Electoral Commission with Yuschenko’s supporters unable to get a majority for their proposals while pro-Government deputies seek constitutional reforms to transfer powers from the Presidency to the Prime Minister. The Parliament has adjourned for ten days, while President Kuchma has asked for more foreign mediation to try and resolve these new issues.

Of course, Ukraine’s not the only country voting this month – as The Argus points out, Uzbekistan also goes to the polls on the 26th December which may cause a shortage of election monitors in both countries – Yuschenko is already asking the international community to send more observers to Ukraine.

Two other countries also vote today in the next week. Romania has the second round of its Presidential election next Sunday – see Alexander at the Head Heeb for more on this – while Crooked Timber’s Eszter Hargittai discusses the Hungarian referendum which takes place today. (edited to correct my inability to remember today’s date – Nick)

The ruling

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For those of you interested, the BBC’s website has an English translation of several parts of the Ukrainian Supreme Court’s ruling yesterday. I’m not a legal expert – especially on Ukrainian law – but I was struck by one aspect of the case that we either didn’t notice, or didn’t deem important enough to acknowledge during all the other events of the past twelve days, namely that Yuschenko’s lawyers concentrated their appeal solely on the runoff election, rather than the election as a whole. This meant that the Supreme Court was only given the choice of deciding the question of whether the election on November 21st was invalid, rather than the entire electoral process. The Court could only rule on the issue before it, and while Yanukovich’s team would have preferred the whole election to be rerun (assuming they weren’t going to get the election approved by the Court) they couldn’t argue for that without asking for even more evidence of voter fraud in the first round to be introduced.

There’s a question of whether this strategy emerged by accident or design, but it enabled them to get the result they wanted – a rerun against Yanukovich – rather than the idea that seemed to be gaining strength amongst Kuchma and the government in recent days – an entirely new election, with the opportunity for them to choose a new candidate to oppose Yuschenko while also being able to delay the election process for two or three months. Of course, my lack of legal knowledge could be completely off-base here, so I’d welcome comments from readers more knowledgeable on these matters.

And one final note of explanation for our readers who may find references to a ‘Boxing Day election’ in the British press confusing – it doesn’t mean that the runoff will be settled by the Queensberry rules, merely that Boxing Day is the name used in Britain and other countries for the 26th December.

Certified Democrats.

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Many early proponents of democracy believed that public education was of utmost importance for the people to be able to exercise democracy. I am not sure whether they thought of graduation ceremonies of the kind Viktor Yushchenko is planning to hold in Kyiv today – yet it seems that everyone wearing orange will receive a certificate of democracy – “We want everybody who is related to the Orange revolution to have one. We will give this certificate to everyone tomorrow!” said Yushchenko according to Maidan.
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45% of Britons unaware of the Holocaust?

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In light of the British obsession with all things related to the second world war and, especially, Nazism – the British history curriculum focusing on the NS period of German history has repeatedly been named a prime cause for “Kraut bashing” in the British tabloids – today’s Independent features an interesting article about an opinion poll conducted by the BBC which states that –

[s]ix out of ten people under the age of 35 have never heard of Auschwitz, the Nazi death camp that was the scene of the biggest mass murder ever recorded[, and] 45 per cent of British adults did not recognise a name that others might have assumed was synonymous with evil.

Interesting, indeed.

Wizbang 2004 Weblog Awards.

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I just noticed that afoe has been nominated for the Wizbang 2004 Weblog Awards in the category “Best European (non-UK) Blog”. As usual with blog awards, the opportunity to find great blogs one has not been aware of so far seems more important than winning. But if you, gentle readers, should decide afoe is worth a vote while browsing the other nominations, we certainly won’t mind…

Ukraine’s Court Says New Runoff Should Be Held by Dec. 26

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KIEV, Ukraine (AP) — The Supreme Court declared the results of Ukraine’s disputed presidential run-off election invalid and ruled Friday that the run-off should be repeated by Dec. 26, bringing cheers from tens of thousands of opposition supported massed in Kiev’s main square.

The ruling, made after five days of hearings by the court’s 18 justices, was a major victory for opposition leader Viktor Yushchenko, who had rejected the government’s demands that an entirely new election be held.

The opposition had pinned its hopes on the court’s ruling in its bid to overturn the results of the Nov. 21 run-off vote in which Prime Minister Viktor Yanukovych was declared the winner. The opposition said the vote was rigged to cheat Yushchenko of victory.

Outgoing President Leonid Kuchma had been pressing for an entirely new election, apparently in hopes of replacing Yanukovych with a stronger candidate.

UPDATE: (Tobias, 18:29 CET) – The Kyiv Post has some more information –

Tens of thousands of opposition protesters who had massed in central Independence Square (Maidan Nezalezhnosti) in anticipation of the decision cheered, waving blue-and-yellow Ukrainian and orange Yushchenko flags and chanting “Yushchenko! Yushchenko!” The crackle of fireworks could be heard in the distance.

In related news, Maidan reports that outgoing President Kuchma vetoed the recently passed law invalidating “absentee ballots” for the re-run. These ballots allowed Ukrainians to vote in other than their home districts, and were, according to numerous reports by international observers, one of the main instruments of electoral fraud in the initial run-off.

Dressed For Success!

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UPDATE: (18:02 CET) I just removed the question mark behind the headline! Yushenko’s lawyers were dressed for success: According breaking agency reports, Ukraine’s Supreme Court, after five days of hearing, just ruled that the disputed presidential election officially won by Ukrainian Prime Minister Viktor Yanukovich is invalid. Moreover, the court has not just backed Mr Yushchenko’s claims of systematic fraud. According to Reuters, the court’s Chairman Anatoly Yarema, said a “repeat vote” was necessary and should take place on Dec. 26. He apparently also suggested it would be a run-off vote only. Outgoing President Kuchma and Prime Minister Yanukovich had proposed a complete repeat of the election in a couple of months.

[Original post starts here] I suppose the appearances of lawyers should not influence the outcome of any legal matter, yet according to Matthias Braun’s “Moskauerzeit“, the Russian newspaper Komersant (in Russian) noted that Mr Yushenko’s lawyers at the Supreme Court hearing are apparently not simply brighter than those representing Mr Yanukovich, but also clearly better dressed. Let’s hope this fashion statement won’t be turned into another round of speculations about European and American hard-money meddling in Ukraine.

While the Supreme Court retired to deliberate about the verdict, the Ukrainian Parliament declared it would be in session all weekend, although earlier rumors about the introduction of price controls turned out to have been just that: rumors.

The situation is still incredibly tense. Just as an example – Maidan reports that there are now Water-Jets being filled with water. Their use would clearly have devastating consequences, not simply because of the Ukrainian climate. The opposition is either angry or in disbelief about Kuchma’s trip to Moscow, and Le Sabot provides some new evidence of the danger of ethnic cleavages being exploited in a political conflict –

I was reminded last night just how insidious the Yanukovych propaganda machine really is. My good friend Roma is from Russia but lives in Kiev. He only listens to the establishment channels for news, because he doesn’t like the Opposition.

He’s a die-hard Yanukovych man. Why? “Because Yushchenko is like Hitler — he wants to kill all the Russians.” He can’t tell you why he thinks Yushchenko wants to do that, but he’s been convinced.

If a young, well educated Kievite can be this blinded to reality, I can only imagine what Donetsk must be like.

It should be noted at this point, however, that Yushenko’s national movement apparently has not just been supported by seemingly altruistic Western pro-democracy movements, but has significant ties to the Ukrainian nationalist right, including the – intended, or unintended – support from the far-right, which is flatly called “fashist” by some commentators. Clearly, for a plethora of reasons, this element of his coalition building is not given the appropriate attention at the moment.

On the day on which the Russian Duma decided to further weaken Russian checks and balances (Spiegel Online, in German) – approving President Putin’s requests about the appointment of regional governors as well as raising the minimum membership of a “political party” to 50,000 (up from 10,000) with at least 500 (up from 100) members in at least 45 of the 89 Russian Regions – Veronica Khokhlova translates an article from Natalia Gervorkyan, a Russian journalist, about the “orange threat” for Russia, which makes the point I made about the “orange solution” a couple of posts down – albeit in a far more emotional manner. Beyond private interests, Russia has no reason to be too worried about losing influence in Kyiev: the countries are structurally too intertwined in too many ways. But authoritarian model of governance being practiced in Russia today has all reason to be worried about the organizational change being implemented in Kyiv right now.

“[Ukrainians have] swept away the vertical supports and are bellowing so loudly it might wake our cattle, peacefully asleep for now. Orange threat! It’s crucial to act fast. First, to amend the anti-terrorism law, appropriately or not, with a ban on “actions that may affect the government’s ability to make decisions aimed at satisfying social and political demands and interests” of the protesters. So that it didn’t occur to them, God forbid, to come out into the streets and rally, as in Kiev, and to exert psychological pressure and demand their social and political rights.