[Congressional Record Volume 149, Number 62 (Tuesday, April 29, 2003)]
[Senate]
[Page S5475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE TROUBLED MEDIA ENVIRONMENT IN UKRAINE

  Mr. CAMPBELL. Mr. President, later this week individuals around the 
world will mark World Press Freedom Day. The functioning of free and 
independent media is tied closely to the exercise of many other 
fundamental freedoms as well as to the future of any democratic 
society. The Commission on Security and Cooperation in Europe, which I 
co-chair, is responsible for monitoring press freedom in the 55 
participating States of the Organization for Security and Cooperation 
in Europe, OSCE. Recently, I reported to the Senate on the deplorable 
conditions for independent media in the Republic of Belarus. Today, I 
will address the situation of journalists and media outlets in Ukraine.
  Several discouraging reports have come out recently concerning the 
medic environment in Ukraine. These reports merit attention, especially 
within the context of critical presidential elections scheduled to take 
place in Ukraine next year. The State Department's Country Reports on 
Human Rights Practices in Ukraine for 2002 summarizes media freedoms as 
follows: ``Authorities interfered with the news media by intimidating 
journalists, issuing written and oral instructions about events to 
cover and not to cover, and pressuring them into applying self-
censorship. Nevertheless a wide range of opinion was available in 
newspapers, periodicals, and Internet news sources.''
  Current negative trends and restrictive practices with respect to 
media freedom in Ukraine are sources of concern, especially given that 
country's leadership claims concerning integration into the Euro-
Atlantic community. Lack of compliance with international human rights 
standards, including OSCE commitments, on freedom of expression 
undermines that process. Moreover, an independent media free from 
governmental pressure is an essential factor in ensuring a level 
playing field in the upcoming 2004 presidential elections in Ukraine.
  In her April 18, 2003 annual report to the Ukrainian parliament, 
Ombudsman Nina Karpachova asserted that journalism remains among the 
most dangerous professions in Ukraine, with 36 media employees having 
been killed over the past ten years, while beatings, intimidation of 
media employees, freezing of bank accounts of media outlets, and 
confiscation of entire print runs of newspapers and other publications 
have become commonplace in Ukraine.
  The murder of prominent journalist Heorhiy Gongadze--who disappeared 
in September 2000--remains unsolved. Ukrainian President Kuchma and a 
number of high-ranking officials have been implicated in his 
disappearance and the circumstances leading to his murder. The 
Ukrainian authorities' handling, or more accurately mishandling of this 
case, has been characterized by obfuscation and stonewalling. Not 
surprisingly, lack of transparency illustrated by the Gongadze case has 
fueled the debilitating problem of widespread corruption reaching the 
highest levels of the Government of Ukraine.
  Audio recordings exist that contain conversations between Kuchma and 
other senior government officials discussing the desirability of 
Gongadze's elimination. Some of these have been passed to the U.S. 
Department of Justice as part of a larger set of recordings of Kuchma's 
conversations implicating him and his cronies in numerous scandals. 
Together with Commission Co-Chairman Rep. Chris Smith, I recently wrote 
to the Department of Justice requesting technical assistance to 
determine whether the recordings in which the Gongadze matter is 
discussed are genuine. A credible and transparent investigation of this 
case by Ukrainian authorities is long overdue and the prepetrators--no 
matter who they may be--need to be brought to justice.

  The case of Ihor Alexandrov, a director of a regional television 
station, who was beaten in July 2001 and subsequently died also remains 
unsolved. Serious questions remain about the way in which that case was 
handled by the authorities.
  A Human Rights Watch report, Negotiating the News: Informal State 
Censorship of Ukrainian Television, issued in March, details the use of 
explicit directives or temnyky, lists of topics, which have been sent 
to editors from Kuchma's Presidential Administration on what subjects 
to cover and in what manner. The report correctly notes that these 
temnyky have eroded freedom of expression in Ukraine, as ``editors and 
journalists feel obligated to comply with temnyky instructions due to 
economic and political pressures and fear repercussions for non-
cooperation.'' To their credit, the independent media are struggling to 
counter attempts by the central authorities to control their reporting 
and coverage of issues and events.
  Another troubling feature of the media environment has been the 
control exerted by various oligarchs with close links to the government 
who own major media outlets. There is growing evidence that backers of 
the current Prime Minister and other political figures have been buying 
out previously independent news sources, including websites, and either 
firing reporters or telling them to cease criticism of the government 
of find new jobs.
  Last December, Ukraine's parliament held hearings on ``Society, Mass 
Media, Authority: Freedom of Speech and Censorship in Ukraine.'' 
Journalists' testimony confirmed the existence of censorship, including 
temnyky, as well as various instruments of harassment and intimidation. 
Tax inspections, various legal actions or license withdrawals have all 
been used as mechanisms by the authorities to pressure media outlets 
that have not towed the line or have supported opposition parties.
  As a result of these hearings, the parliament, on April 3rd, voted 
252 to one to approve a law defining and banning state censorship in 
the Ukrainian media. This is a welcome step. However, given the power 
of the presidential administration, the law's implementation remains an 
open question at best, particularly in the lead up to the 2004 
elections in Ukraine.
  I urge our Ukrainian parliamentary colleagues to continue to actively 
press their government to comply with Ukraine's commitments to 
fundamental freedoms freely agreed to as a signatory to the Helsinki 
Final Act. I also urge the Ukrainian authorities, including the 
constitutional ``guarantor'', to end their campaign to stifle 
independent reporting and viewpoints in the media. Good news from 
Ukraine will come not from the spin doctors of the presidential 
administration, but when independent media and journalists can pursue 
their responsibilities free of harassment, intimidation, and fear.

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