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Ukrainian Elections-2004 as mirrored in the World Press
Compiled by Professor Dominique Arel for The Ukraine List
Chair of Ukrainian Studies, University of Ottawa

This section was prepared for posting on the Archive's portal
by Olena Lisniak (State Committee on Archives of Ukraine)


The Ukraine List (UKL) #292
 compiled by Dominique Arel
 30 November 2004
 
 1-Mychailo Wynnyckyj: The Kuchma Regime Fights Back
 2-Critical Overview of the Russian Central Press on Ukraine (Monday,  November 29, 2004)
 [Prepared by Lisa Koriouchkina for UKL]
 
 3-James Sherr: Ukraine's Elections: The Forces in Play (II) [Part I  in UKL 282]
 4-Adam Swain: re: Way (UKL289), On Yushchenko and Tymoshenko
 5-The Guardian: Gwen Sasse, Talk of an East-West Split in Ukraine  Highly Unlikely
 6-Wall Street Journal Europe, Grygoriy Nemyria, Ukrainian End Game
 7-Salon: Interview with Olena Prytula, Editor of Ukrains'ka pravda
 
 8-The Guardian: PR Man to Europe's Nastiest Regimes (re: John  Laughland, UKL 287-289]
 
 **Thanks to Matthew Kaminski, Lisa Koriouchkina, Leonid Polyakov,  Natalia Pylypiuk, Max Pyziur, Gwen Sasse, 
James Sherr, Adam Swain,  Mychailo Wynnyckyj **
 
 **Exceptional up-to-the minute legal and political analysis by  Mychailo Wynnyckyj this morning. And a UKL new 
feature: Critical  Overview of the Russian Central Press on Ukraine**
 
 **In the flurry of translations we are doing, a most unfortunately  mistake was made regarding the title of 
the article by Sergei  [Serhii] Rakhmanin, posted in UKL291, which should read: "The  Victorious People of the 
Undefeated Country" [and notS"of the  Defeated Country]. Our sincere apologies for that mishap and thanks  to 
Leonid Polyakov for pointing it out promptly. -DA]
 
 #1
 Date: Tue, 30 Nov 2004 08:04:51 -0500
 From: lav_mwynn@connection.ca
 
 Kyiv  Nov 30, 2:30 pm local time
 
 Today will go down in history as the day the Kuchma regime fought  back.
 
 Three things of significance occurred simultaneously this morning:
 
 1) The Supreme Court opened a session during which it continued its  examination
 of the case brought against the Central Election Commission by  official
 representatives of Presidential Candidate Victor Yushchenko
 
 2) The Verkhovna Rada opened a session during which the current  political
 situation in Ukraine was to be debated -including the threat of
 unconstitutional activities of certain forces within Ukrainian  society, and
 consequences of such actions including the possible dismissal of the  Prime
 Minister, and the Prosecutor General.
 
 3) Yanukovych held a press conference in which he presented two new
 possibilities for resolving the current crisis:
 
 a) Yanukovych suggested that the negotiation process between his  team and the
 Yushchenko camp be restarted, and that the parties agree to  “compromise” –
 specifically that the political reform proposal previously debated in
 Parliament which gives greater powers to Parliament and the Prime  Minister and
 reduces the powers of the President be passed, and that Yushchenko  agree to
 serve as Prime Minister (with expanded powers) under a Yanukovych  presidency.
 
 b) Yanukovych also presented an alternative proposal – to agree to  call new
 elections, but with both Yushchenko and Yanukovych agreeing not to  run.
 
 Neither proposal is acceptable to the Yushchenko camp. When asked  about the
 first option by reporters in Parliament, Yushchenko immediately  rejected it as
 laughable. But, in my opinion, the fact that both options were  publicly voiced
 by Yanukovych indicates that he personally has accepted that there  is no way
 that he will become President given the current situation on the  streets. This
 in itself is a victory for the Orange Revolution, but it may turn  out to be a
 pyrrhic one (see below). At this point, the Kuchma regime is clearly  trying to
 save itself - if necessary by sacrificing Yanukovych and replacing  his
 candidacy with that of Tyhypko in new elections.
 
 With reference to the Supreme Court proceedings: it is interesting  to note that
 the lawyer representing the Central Election Commission (i.e.  defendant)
 essentially remained silent throughout the morning. The  presentations by
 Yushchenko’s lawyers were thoroughly cross-examined by Stepan  Havrysh and the
 legal team representing Yanukovych (i.e. the "interested party"),  and in
 particular by two judges. Both judges repeatedly asked whether the  Yushchenko
lawyers could present evidence of court actions being filed in any  court of any
 level on Nov 21 or 22. Unfortunately the dance of the Yushchenko  team could not
 hide the fact that the answer was "no" (a very serious oversight by  the
 Yushchenko camp!!!). The Law on Elections specifically states that  any legal
 action that questions the legitimacy of the vote at any local-level  polling
 station must be filed with a court by midnight on the day following  the vote.
 The law states that legal actions against Territorial Election  Commissions and
 the Central Election Commission must be filed within 7 days after  the vote, but
 actions against local polling stations must be filed within 28 hours  of the
 close of voting. This point was made exceptionally clear by one of  the judges
 of the Court.
 
 The Yushchenko team fought back with an interesting argument.  Article 34 of the
 Civil-Procedural Code of Ukraine states that a fact that is  “generally known”
 does not need to be proven in court, and evidence as to its being a  fact is not
 required in a court of law. Based on this article, the Yushchenko  legal team
 argued that providing detailed evidence of fraud and falsification  at the local
 polling station level is unnecessary because the fact of fraud is  “generally
 known” as having taken place. OSCE and international observer  reports together
 with evidence of their having been widely publicized not only in  Ukraine, but
 worldwide were submitted as evidence that the fact that local-level  fraud
 occurred is “generally known”. Furthermore, the Yushchenko legal  team argued
 that the Verkhovna Rada vote on Saturday, and its proclamation of  the election
 result as having been falsified, made the fact of election fraud  “generally
 known”. As the Yushchenko team repeatedly stated, the above argument  does not
 invalidate the mountain of evidence of fraud that has been presented  to the
 Court, but it does reduce the importance of a detailed examination  of the
 evidence of local-level fraud. We’ll see what the judges have to say  about this
 argument - Havrysh and the Yanukovych team were visibly perturbed by  it.
 
 Returning to the Verkhovna Rada. Two separate motions were presented  this
 morning: both condemned those individuals whose recent actions have  undermined
 the territorial integrity of Ukraine. The first motion (presented by  the
 Yushchenko forces) specifically named the Prime Minister as being  responsible
 for destabilizing the current political situation in Ukraine, and  called for
 the Verkhovna Rada to recommend to the President to dismiss the PM  (Parliament
 cannot dismiss the PM at the moment because it voted for his program  less than
 a year ago, and therefore gave the PM immunity from non-confidence  motions for
 a period of one year – Article 87 of the Constitution). The second  resolution
 (prepared in haste, and not distributed to deputies in draft form  prior to its
 being voted as required by Parliamentary procedures), although  condemning
 separatism, did not specify whom the Verkhovna Rada sees as  responsible for the
 current situation. The second motion was passed "in principle" (i.e.  first
 reading) whereas the first was defeated. Pro-government factions and  the
 Communists voted in favour of the watered-down resolution.  Immediately after
 the vote, a recess was called in the proceedings until 3pm.
 
 The day continues. The Supreme Court is certain not to rule today,  and possibly
 not even tomorrow. The Verkhovna Rada has given Yanukovych and the  Kuchma team
 a temporary respite. The Yushchenko camp now has to reconsider  whether its
 decision to allow employees of the Cabinet of Ministers access to  work today
 was a good one. In my opinion, we have all gotten a little too  confident in the
 “inevitability” of the victory of the Yushchenko forces.
 
 Democratic values will certainly triumph in the short term in  Ukraine: the
 election will be cancelled, and a new vote will be called. However,  the press
 is now repeatedly reporting government officials calling for both  Yushchenko
 and Yanukovych to be barred from running in this vote. That means  Tyhipko
 becomes the pro-government candidate, and frankly, if given a 90 day  campaign
period, I am not convinced that he would necessarily lose to an  opposition
 candidate like Tymoshenko or Moroz. In other words, the old  Ukrainian regime
 would be reconstituted with a new face.
 
 Mychailo Wynnyckyj Ph.D.
 Kyiv-Mohyla Academy, Kyiv Ukraine
 mwynn@lavalink.com
 
 #2
 Overview of the Russian Central Press on Ukraine (Monday, November  29, 2004)
 Prepared by Lisa Koriouchkina for UKL
 
 As of November 29, 2004, the concept du jour in the Russian central  press is "geopolitics". In one form or 
another, most newspapers  analyze the situation in Ukraine from the point of view of macro  politics (see 
excerpts below). Protests in Kiev are presented as a  direct result of the US and European Union's involvement 
in the  elections process.
 
 Many newspapers spend time speculating about what might happen in  the near future. Izvestia covertly 
introduces an idea of an armed  conflict into which Russia might be unwillingly drawn (Dugin,  Izvestia #223 
(26780)). German expert Alexandr Rahr cautions that the  events in Ukraine might cause a split between Russia 
and the West  (Nezavisimaya Gazeta, #261 (3374)).
 
 Some newspapers discuss the situation in Ukraine as "getting out of  hands". "People realize that there is no 
longer control", "everything  is in chaos", a newspaper reports (Tribuna, #214).
 Another analytical approach draws parallels between what is  happening in Ukraine and the events in Chechnya in
 1991 (Rossiyskaya  Gazeta, Bogomolov, #265). The author states that in Chechnya, the  early protests were also 
jubilant and were also nationalistically  oriented. He then proceeds to emphasize the negative consequences of  
the uprising in Chechnya. The implications of his reasoning are  obvious. What is not obvious is the degree of 
the Russian involvement  - an issue that arises out of his comparison as well. However, the  author chooses to 
gloss over this topic.
 
 "Soviet Russia" offers a different line of analysis (Kotov,  "Sovetskaya Rossiya", #154). First, it emphasizes 
the economic  problems in Ukraine (the majority of the population is below the  poverty level, criminals are 
governing the country, etc.). But unlike  the Russians who naively believe that somebody - be it Putin, or  
Zhirinovksy or somebody else, - would come and save them, the  Ukrainians are taking active control over their 
lives. Their solution  is a division of the country on a geographical basis. In this case,  at the very least, 
their local compatriot would govern themselves,  the author concludes.
 
 Moscow's Gazeta offers fairly liberal conclusions (Gazeta #223). It  states that the main lesson to be learnt 
from the events in Ukraine  is the fact that TV control does not guarantee victory. While  Yanukovich 
controlled most of TV airtime, Yushchenko was out on the  streets. Thus, it is clear that a TV propaganda 
machine created  according with the guidelines of the Central Committee (TsK) ideology  department can very 
well fail. This machine is neither flexible nor  fast. Indirectly, this article offers lessons for Russia to be
  learnt.
 
 Gazeta also mentions a note of protest the Ministry of Foreign  Affairs of Ukraine forwarded to the Russian 
Government yesterday.   "The arrival of Moscow Mayor, Luzhkov, to Ukraine last Sunday was the  reason for the 
note of protest. Along with Yanukovich, Luzhkov  participated in the legislative assembly meeting that decreed 
"the  creation of an independent state in the Eastern Ukraine with a  capital in Kharkiv should the political 
power be allocated to  Yushchenko and the opposition". At the assembly meeting, Luzhkov  called actions of 
Yushchenko's supporters an "orange-fed orgy" and  said that he is willing to take off his famous cap to look 
more like  Yanukovich."
 
 "Nezavisimaya Gazeta" (NZ) concludes that the Ukrainian crisis is  slowly spreading over to Russia (Riskin, 
Postnova, Shapovalov, "NZ",  #261). Thus, the Don Cossacks are supporting Yanukovich and are even  ready to 
offer military assistance should the need arise. Meanwhile,  [Volga] Tatars are allying themselves with 
Yushchenko. An address to  the Ukrainians signed by a leader of the influential Tatar Public  Center in 
Naberezhniye Chelni, Rafis Kashapov, expresses the support  of Crimean Tatars (especially in Simferopol) who 
are organizing  rallies in Yushchenko's support. Youth organization Azatlyk  ("Freedom"), Volga Tatars of 
Chuvashia and Udmurtia, Shura Aksakal  (Elders' Assembly of Tatarstan) cheer for Yushchenko (see the Tatars'  
and Cossacks' addresses to the Ukrainians below). It is important to  point out though that Mentimer Shaimiev, 
the President of Tatarstan,  refused to meet with the press and to state his position in this  regard. 
Similarly, the state authorities are in no hurry to announce  their position towards the Ukrainian elections. 
Thus, Tkachev, a  governor is Krasnodar, abstained from any political statements.  Mikhail Nikovayev, a 
governor of Kursk, Yuriy Lodkin, a governor of  Bryansk, Vladimir Kulakov, a governor of Voronezh, and Evgeniy  
Savchenko, a governor of Belgorod, are silent as well.
 
 NZ also analyzes attitudes of the Ukrainian armed forces (NZ, #261,  Mukhin). The author of the article 
concludes that political  neutrality of the army will strengthen separatist tendencies in the  country. At the 
same time, militia leaders in several regions  announced their support of Yushenko. However, in the majority of 
the  regions the Ministry of Internal Affairs units support "Nasha  Ukraina" ("Our Ukraine"). According to NZ, 
a German analyst Gisbert  Mrozek (aktuell.ru) reports that the Security Agency of Ukraine (SAU)  headed by Igor 
Smeshko is Yushchenko-oriented. However, the current  neutrality of the army is not caused by the fact that the 
military  personnel are politically disengaged. In Sevastopol, 7% of the Navy  voted for Yushenko, while 90% 
seamen were for Yanukovich. Increases  in salary and the past administrative politics are largely  responsible 
for this outcome.
 
 Technically speaking, the boundaries of the military and  administrative units in Ukraine fully correspond 
with the "blue" and  "yellow" division of the country after the presidential elections. In  terms of numbers, 
there are more administrative territories where  Yushchenko won. Air Forces Headquarters divisions (Vinnitsia) 
and the  Northern (Chernihiv) and Western (L'viv) ground troops are located in  the West. The Navy headquarters 
(Sevastopol) and the Southern ground  troops (Odessa) headquarters are located on the territories  sympathizing 
with Yanukovich. However, the most mobile and active  military divisions are stationed in the south, i.e., in 
Crimea where  Kiev was concerned of possible turmoil among the Crimean Tatars and  the Russian Black Sea Fleet.
 
 The newspaper concludes that given the combined military power, the  Southeast of the country is stronger. 
Also, due to the overall  centralization, discipline and the use of administrative resources,  the neutrality 
of the Ukrainian military might lead to a paradoxical  situation when "strivings on behalf of the South-Eastern 
regions  towards independence will not prevent the country's overall  disintegration. Furthermore, the 
formation of the pro-Russian  autonomous regions is favorable to Moscow. Hence, it is doubtful that  the 
Kremlin would organize any form of physical support of these  regions. The presence of the Black Sea Fleet is a 
strong factor in  favor of independence of Crimea and other southern regions".
  
 Excerpts cited above:
 
 [1] Ukrainian Crisis Unravelling Throughout Russia
 by Andrei Riskin, Vera Postnova, Aleksandr Shapovalov
 Nezavisimaia gazeta, 30 November 2004
 
 "We, the Cossacks of the Rostov Cossack division , are  worried over the recent developments in 
brotherly Ukraine. We fully  support the Donetsk regional Duma's decision about the creation of  the South-
Eastern Ukrainian Autonomy in case of a coup d'etat. Should  the people of Donetsk and Lugansk region decide to 
join Russia, we  will accept their decision with joy.  In case of a coup d'etat and  the humiliation of 
Ukrainian citizens, we are requesting the army  Ataman Vodolatzskiy to use the state structures of the Russian  
Federation to assist the Cossack organizations of Don, Donetsk and  Lugansk regions in the realization of their 
constitutional rights,  including the right for people's self-determination." 
 
 "Dear Ukrainians! Citizens of Ukraine!
 We, Tatars, are closely following your fight for dignity and  independence of your own country in all the 
vital manifestations. We  support your struggle. Like you, the Ukrainians, we share similar  historical roots 
and similar sufferings of the recent history.  Questions that arose in the course of the Presidential elections 
in  Ukraine showed that these questions are vital for the very  organization of the world community. The right 
solution of these  questions will contribute to the just organization of the World. We  believe that in order 
to prevent unavoidable consequences the  President of Ukraine should be the candidate whom the Ukrainian  
people favor. Everyone would have to take that into consideration"  (From the Appeal of the Tatar Public Center 
to the People of Ukraine,  Nezavisimaya Gazeta, #261 (3374) 30.11.2004
 
 [2]  "Two Ukraines": Geopolitical Crisis and the Card of Civil War
 by Aleksandr Dugin
 Izvestiia, 30 November 2004
 
 Events taking place in Ukraine have deep geopolitical meaning.  Ukrainian statehood is only in the early 
stages of its development.  Ukrainian public opinion is void of consensus about its future  development. Some 
Ukrainians perceive their future connected with the  West. Others could only imagine their fate in close 
contact with  Russia. Given this situation, only moderate and balanced politics  that incorporate both 
perspectives could preserve the unity of  Ukraine. Skillfully lobbying with both Washington and Moscow, Leonid  
Kuchma pursued precisely this type of politics. In terms of  geopolitics, there is not one but two Ukraines and 
it would take  years and years to consolidate both. 
 
 Russia could not remain indifferent to this situation and could not  abstain from supporting Yanukovich. She 
simply reacted to defend its  national interests. However, events continue to develop along such  lines that 
Russia is unwillingly drawn further and further into the  conflict despite the complexity of the situation. 
Yushchenko  continues to follow his original argument and intends to become a  president of even half-Ukraine. 
His self-declared oath, appeals to  the revolutionary nationalistically oriented masses and other means  of 
influence prove that he will continue to follow in this direction.  In order to preserve if not Ukrainian unity 
then at least a part of  it, Russia has nothing else left but to support Yanukovich. Political  agitations are 
so high in Ukraine that one can hardly anticipate  peaceful resolution of this situation.
 
 Despite some hasty conclusions, it is obvious that Yushchenko's  presidency is not a solution. Even if Eastern 
Ukraine does not rise  up immediately (the state of mobilization among this part of the  population is lower 
than among the "Westerners"), it will rise  tomorrow or the day after as a reaction against Yushchenko's  
politics. And once again, Russia would be compelled to interfere.  However, this time it would be under much 
less favorable conditions.  If the plan to preserve a united Ukraine with a moderately  pro-Russian president 
(only Yanukovich can be such a president)  fails, in the worst-case scenario, it would be extremely important to
  offer support to the pro-Russian regions - Eastern Ukraine and  Crimea.
 
 One should do anything possible to avoid a war as long as possible.  However, after a certain critical point, 
a war has to be won.
 
 [3] The Moment of Truth
 by Viktor Konstantinov
 [source currently unavailable as I am editing this. Will post in  next UKL-DA]
 30 November 2004
 
 Ukrainian events remain at the center of public discussions in  Russia. A thorough analysis of their causes is 
yet to be carried out  given that the political crisis continues to escalate and its  resolution is not yet 
clear. However, the analytical community has  already learnt some profound lessons.
 
 Events in Ukraine are a moment of truth for Russia. A historical  time out that our country received in the 
beginning of a new  millennium is over. Having secured their positions in the Baltic  States and partially in 
the Central Asia, i.e., in the areas of  Russia's traditional geopolitical influence, the West continued a  
strategy of expanding its boundaries ("ob'edaniya bolshogo piroga s  krayev"). Now Ukraine's turn has come. Of 
course, Western political  elites are not a spawn of Satan; they are acting according with their  understanding 
of the national interests of their states. To maintain  social stability and a certain life style, the 
economies of the  "Atlantic Community" should work very effectively. To do so, it  requires access to 
exhaustible natural resources (carbon-and  hydrogen-based first and foremost) that the West lacks. In the "new  
world order" era, they - and particularly the US as the only  superpower, - are striving to gain access to the 
world resources that  would be free of any competition. To attain this goal, they are ready  to use political 
and power means and to bribe the ruling "aboriginal"  elites. Russia is lucky enough to have preserved its 
"nuclear teeth"  and hence its ability to defend its national interests. 
 
 That is the reason why the standoff between Yanukovich and  Yushchenko is not just a fight of two different 
political and  economic fractions of the Ukrainian elite (i.e., self-sufficient  Donetsk businesses that 
control most of the Ukrainian industries and  a part of the business-elite that is closely connected with  
transnational and international financial organizations) that diverge  in their perspective on the future state 
development. Nevertheless,  much of the mass media is trying to present the situation in this  way. For 
instance, an influential British newspaper "Financial Times"  made the following claim in an article with a 
meaningful title:  "Ukrainian voters do not need Moscow's advice": "The candidate's  differences in 
perspectives on such important questions as political  system and geopolitical orientation of Ukraine largely 
explain the  high level electoral engagement of the population. Yushchenko  embodies the Western definition of 
a democrat, a fighter with  corruption, an ally of the European vector of development and NATO.  Yanukovich 
represents the interests of the oligarchic groups in  Donetsk and is considered a pro-Russian politician.
 
 In reality, on the geopolitical level one should be talking about a  new phase in the realization of the 
global repartition that follows  the "new world order" rules: termination of Russia's influence over  the 
politics and economics of a brotherly country ("bratskogo ee  narody respubliki"). Western influential circles 
are striving to show  the world that Russia no longer has the will to defend its vital  interests and should no 
longer be considered. On the other hand,  Yushchenko's failure could demonstrate to the "Atlantic allies"   
("Atlantisti") the ability of the Commonwealth of Independent States  to withstand Western expansionism .
 
 [4] The split [raskol] of Ukraine could lead to a split [rassol]  between Ruissia and the West
 by Alexander Rahr
 Nezavisimaia gazeta, 30 November 2004
 
 When Moscow comes to terms with the idea that the fate of all the  Slavic countries lies with the United 
Europe, many conflicts between  Russia and the European Union would no longer arise. Ukraine cast a  challenge 
to Russian diplomacy. Russia made a lot of grave mistakes  in the elections campaign in this country. Putin 
scared away many of  the pro-Russia oriented Ukrainians who could have voted for  Yanukovich prior to Putin's 
visit. Putin's involvement was so severe  that many were afraid to vote for a pro-Russian candidate. And  
indeed, Yanukovich has become more of a pro-Russian than a Ukrainian  candidate. Moscow risks losing Ukraine. 
Together with Tbilisi,  Chisinau, and Baku, Kiev might prefer to strengthen the formation of  GUUAM (that 
includes Georgia, Ukraine, Uzbekistan, Azerbaijan, and  Moldova). Then, the formation of a single economic 
space between  Kazakhstan, Ukraine and Belarus that Russia has been striving to  create would no longer be 
viable.
 
 However, another scenario - a split between Russia and the West is  quite probable. A formation similar to 
Pridnestrovye or the Abkhaz  quasi-state could emerge in the Eastern territories of Ukraine. One  can refer to 
these states as the "black holes": they exist as  economic entities but are not recognized by the world 
community. If  such a "black hole" emerges in Eastern Ukraine, it would be largely  dependent on Russia. 
Without economic resources of Eastern Ukraine,  Western Ukraine would lose money and resources. Then, Western 
Ukraine  would be dependent on the West, i.e., the European Union and the US.  It will be a very weak state.
 
 Russia has underestimated Western political strategies towards  Ukraine - the willingness and ability of the 
West to interfere with  the Ukrainian conflict. Russian diplomacy must have assumed that the  European Union, 
the Security Council of Europe and the United States  would behave the way the did in the case of elections in 
Central Asia  and Caucasus, i.e., they would actively criticize but would not  interfere. However, in the case 
of Ukraine, the West took active  actions. In my opinion, the West became scared that with the help of  Ukraine,
 Russia might try to restore the former empire. The West  became afraid of Yanukovich. Americans were the first 
to question  legitimacy of the elections. The European Union could not do anything  else other than to follow 
the lead of Washington. 
 
 The battle for Ukraine is slowly becoming a battle for the future of  Europe. However, this is not just any 
battle. It is a clash of two  different conceptual definitions of 21st century Europe. The European  Union and 
the US are expanding their civilization towards the East.  However, this is not a conquest but is a spirit of 
our times, the  construction of the democratic institutions propagated through  globalization. The situation in 
Ukraine shows that the ideas of  democracy, civil society, and human rights are infiltrating the  post-Soviet 
space.
 
 Many in Ukraine remember Putin's speech in the Reichstag that was  radically different from the speech he 
delivered during his meeting  with the European leaders. Back then Putin spoke about the importance  of the 
democratic values, economic potential and questions of  security for the emergence of the large Europe. I think 
it is not too  late to return to these discussions. However, Russia cannot lose  Ukraine. Connections between 
Russia and Ukraine are too strong. Also,  Belarus will preserve its orientation towards Russia. And Europe  
understands this very well. However, the Slavic family needs to be  strengthened. When Russia understands that 
the fate of the Slavic  countries is with the united Europe, many of the conflicts that arise  would no longer 
take place.
 
 #3
 Ukraine's Elections: The Forces in Play (II)
 James Sherr
 Conflict Studies Research Centre (UK)
 28 November 2004
 
 1.     Despite contradictory developments and several promising  ones, the possibility of a violent outcome 
has increased within the  past few days.  The convening of separatist assemblies in three  eastern oblasti 
(regions) is an ominous development, less indicative  of  a genuine separatist threat than a made-to-order 
pretext for the  forceful suppression of Viktor Yushchenko's followers. As of 23.00  Kyiv time 29 November, 
there are several unconfirmed reports that  12-20,000 police, Interior and special purpose forces are trying to
  enter/have entered the centre of Kyiv or that they are approaching  the city.
 
 2.  On 25 November, the Ukrainian Supreme Court declared that it had  decided to accept an appeal from 
Yushchenko and adjudicate on the  legality of the elections, until which time the results would have no  legal 
standing.(1) On 26 November, an EU brokered mission conducted  joint discussions with President Kuchma, Prime 
Minister Yanukovych  and Viktor Yushchenko. (2) On 27 November, a considerable majority of  the  Verkhovna Rada 
(Ukrainian parliament) declared the election  result illegal (3).  This train of events has accelerated 
defections  from the Yanukovych camp (including, most suspiciously, Yanukovych's  campaign manager and National 
Bank chairman, Serhiy Tyhypko). (4)  Additionally,  components of Kyiv based Ministry of Interior forces  
declared their support for Yushchenko.  So have former Minister of  Defence Yevhen Marchuk and six generals of 
the SBU. (5)
 
 3.     Against this backdrop, the Kharkiv regional legislature  declared (26 November) that it would adopt 
self-rule and establish  control over military forces on its territory before accepting orders  from the 
'extreme right wing' authority of Yushchenko.  On 29  November, a 'Northern Donetsk All-Ukrainian Congress of 
Peoples  Deputies and Deputies from All Levels' convened near Luhans'k.  The  latter assembly was attended not 
only by Prime Minister Yanukovych,  but the Mayor of Moscow, Yuri Luzhkov, a major investor in Crimea,  who has 
long fostered separatism there and a hard, 'chauvinistic'  approach towards the country as a whole.  Both 
assemblies carefully  stopped short of declaring secession.
 
 4. Despite real divisions in the country, these developments, unlike  those in central and western Ukraine, 
are orchestrated from the top.   Ukraine's regional governors are not elected, but appointed by the  president, 
power is wielded effectively, and civil society is  muzzled.  Whilst the threat of secession serves local 
interests,  actual secession does not. Kharkiv's authorities feel threatened by  the 'Donetsk clan' of 
Yanukovych-Akhmetov, as do those of  Dnipropetrovsk, who do not support secession.  Akhmetov is in sharp  
competition with Russian business interests, and he certainly  understands that a secessionist entity would be 
almost totally  dependent upon Russia.  The pro-Yanukovych southern regions oppose  secession, and the 
Autonomous Republic of Crimea (the one region  where separatist sentiment is found) has only raised the issue of
  'autonomy' (which is consistent with its current constitutional  status).  For these reasons, many suspect 
that the latest  developments serve a Russian scenario rather than an eastern  Ukrainian one. (6)
 
 5.      President Putin's calculations remain a critical variable.   Thus far, his policy has been based upon  
a combination of  deliberation, delusion and guile, all underpinned by compelling  geopolitical interest.   
These interests far outweigh any gains that  might be achieved by honest collaboration with third parties.   
Putin's greatest delusion, endemic to the circles who advise him, is  the underestimation of Ukrainian national 
consciousness and civil  society.  Deliberation, reflected in the intimate involvement of  Russian 'political 
technologists' in Ukraine's electoral fraud, has  run into the buffers of these delusions.  Now the Kremlin 
fears that  events are moving out of its control ('we have dropped out of the  circle of active players'). (7) 
To regain control, it is necessary to  change the game.  Secession, the means to this end, launches a new  game.
 
 6. If this conclusion is correct, then both Kuchma and Putin will  shift the ground of discussion from 
democracy and legality to the  right of Ukraine's authorities to 'hold the country together'.   Kuchma, a weak 
but infinitely supple figure, has already done this.   On 29 November, he declared secession 'unacceptable 
under any  circumstances': a formula designed (even in the face of a Supreme  Court ruling) to provide 
legitimacy for a forceful solution.  Western  governments should be wary of adopting this language, thereby 
giving  credence to a largely fabricated scenario and inadvertently providing  legitimacy to a course of action 
that we earnestly seek to prevent.
 
 Endnotes
 
 1. The hearings, which began on 29 November, are being conducted by  the civil branch of the court, which 
consists of respected judges  thought to be independent of presidential patronage and pressure.
 
 2. The mission comprised Javier Solana (EU High Representative for  the Common Foreign & Security Policy), Jan 
Kubis (Secretary General  of the OSCE), Alexander Kwasniewski (President of Poland), Valdas  Adamkus (President 
of Lithuania) and Boris Gryzlov (Chairman of the  Russian State Duma and Putin's Special Representative).  The  
Ukrainian participants comprised President Kuchma, Prime Minister  Yanukovych, Viktor Yushchenko and Volodymyr 
Lytvyn (Chairman of the  Ukrainian Parliament).
 
 3. The first of eleven resolutions, approved by 307 of 391 deputies  present (out of 450),  declared that the 
elections did not convey  'the general will' of the voters.  The second resolution expressing  lack of 
confidence in the Central Electoral Commission received 270  affirmative votes.
 
 4. Tyhypko has a reputation for inordinate ambition and for sharp  and unprincipled relationships with allies 
as well as adversaries.   He also has a murky past.   At the same time, he is a skilful  operator and a very 
able economist with an aura of pragmatic  modernism and  favourable image in some Western financial circles.   
Like many who have risen to prominence in the Ukrainian and Russian  financial communities, he has a strong 
Komsomol (Communist Youth  League) background, and many have questioned how he emerged almost  overnight from 
an individual of modest means into a  multi-millionaire.  Albeit a long-standing rival to Yushchenko,  _uchma 
has distrusted him, possibly owing to his back channels to  Russian political and financial circles, and he 
declined to support  his candidature to the premiership after Yushchenko's dismissal in  April 2001.  Given 
this pattern, it is possible that Tyhypko is  preparing the ground to be the regime's 'compromise' candidate if 
a  third round of elections takes place and Yanukovych is forced to drop  out.
 
 5. These include General Skybynets'kiy, adviser to SBU Chairman Ihor  Smeshko (but now without line 
responsibilities), General Skipal'skiy  (adviser and a former Deputy SBU Chairman) and four other unnamed  
general officers.  Whether these are serving officers, advisers or  retired officers is not indicated.  For his 
part, General Smeshko has  stated:  'I rule out any use of force against our own people.  The  SBU states again 
that it will not interfere in political processes'.   This posture of studied neutrality has made it possible 
for SBU  officers sympathetic to the opposition to provide it with some timely  intelligence.  Yet there is no 
open source indication thus far that  the SBU has withdrawn intelligence, security and communications  support 
from the President, Presidential Administration and  government.
 
 6. It is still unclear what role, if any, Russian spetsnaz might  play in this scenario or others.  Earlier 
reports of their presence  are given credence by a carefully detailed compilation of eye-witness  accounts in 
the respected Russian newspaper, Kommersant, on 29  November.  The paper reiterates earlier reports that one 
mission of  an estimated 800 troops is to exfiltrate presidential, governmental  and SBU documents to Russia.  
The article contains highly specific  but sporadic accounts of landings and surface movements of  detachments 
and 'traces' [slediy] of 'Vityaz' special purpose MVD  forces at Gosmotel' aerodrome (near Irpin'),  Vasil'kov 
military  aerodrome near Kyiv and Kyiv Boryspil International Airport.
 
 7. The view of Alexei Makarkin, Deputy General Director of the  Political Techniques Centre, Moscow, (Gazeta, 
29 November).  Other  Russian analysts convey an atmosphere of confusion, setbacks,  redployment of forces, 
rethinking of tactics and a determination to  fight from new positions.  According to the respected 
geopolitician,  Aleksandr Dugin, whose views are regarded sympathetically by the  Kremlin, 'a war must be 
avoided to the last possible moment.  If this  becomes impossible, the war must be won' (RIA Novosti, 29 
November).
 
 #4
 Date: Mon, 29 Nov 2004 09:55:49 +0000
 From: "Adam Swain" 
 
 Lucan Way is quite correct to be skeptical about the democratic  credentials of Yuschchenko and some of his 
core supporters. From 1993  until 1999 Mr Yushchenko was the head of the National Bank of Ukraine  where he was 
credited in the west with stabilising the economy.  However during this time the NBU became embroiled in a 
dispute with  the IMF about the misuse of funds and the overstatement of its  reserves. Mr Yushchenko's deputy 
in the recent election campaign,  Yulia Tymoshenko, is widely known as an 'oligarch' from her time as  head of 
United Energy Systems (UES). Under prime minister Pavlo  Lazarenko, UES emerged as a monopolistic supplier of 
Russian oil and  gas and Mrs Tymoschenko and her relatives accumulated significant  personal wealth. Whereas 
Lazarenko, who was widely believed to have  received bribes from UES, fled to the USA where he was arrested and
  faced charges of embezzlement, , in a classic example of 'poacher  turned game keeper' Tymoschenko, became 
vice-prime minister with  responsibility for fuel and energy when President Kuchma appointed Mr  Yushchenko 
prime minister in December 1999. As prime minister  Yushchenko and Mrs Tymoschenko attempted to structurally 
reform the  energy sector Tymoschenko became dogged by corruption allegations. In  January 2001 she was sacked 
by President Kuchma and became embroiled  in two criminal investigations, during which she was briefly  
imprisoned on two occasions, that accused her of bribery and trading  contraband gas. Although the cases were 
ultimately dropped, she was  convicted by a Russian court of bribing Russian officials and her  husband and 
father-in-law were imprisoned in Ukraine.
 
 [Adam Swain is Lecturer in Human Geography, School of Geography,  University of Nottingham]
 
 #5
 Ukraine at the brink of a break-up?
 Talk of an east-west split in Ukraine is oversimplified and highly  unlikely
 by Gwendolyn Sasse
 The Guardian, 30 November 2004
 
 Dr Gwendolyn Sasse is a lecturer in eastern European politics at the  London School of Economics and Political 
Science, email:  G.Sasse@lse.ac.uk
 
 The mass protests following the second round of the presidential  elections on November 21 have brought 
Ukraine to the most decisive  moment since gaining independence in 1991. Much of the discussion  surrounding 
the disputed election portray an image of the east-west  political split of the country along ethno-linguistic 
lines or a  Russian-Western conflict over Ukraine. A violent break-up of the  country is presented as the worst-
case scenario.
 
 These views are reminiscent of the debates over the future of  Ukraine in the early 1990s. We seem to have 
come full circle. The  circularity of the analysis on Ukraine is epitomised by the revival  of Cold War 
rhetoric among Western observers, depicting Ukraine as  the battleground for US/EU and Russian influence and 
interests. This  polarised image is underpinned by over-simplistic representations of  Viktor Yushchenko as 
'pro-Western' and his opposite, Viktor  Yanukovych, as 'pro-Russian'.
 
 Moreover, the Cold War rhetoric overestimates Western leverage in  Ukraine. After all, the West has been 
hesitant in its engagement with  Ukraine for most of the last thirteen years, and the EU has kept  Ukraine at 
arms length in the debates over enlargement.
 
 Most importantly, much of the recent discussion about Ukraine misses  the key point about the current impasse 
in Kiev, namely that this is  a political standoff over domestic political issues (the Kuchma  regime, 
corruption, oligarchic influence, media controls etc.).
 
 The country's potential disintegration, however, is a more complex  issue. It raises the prospect of major 
instability on the EU's new  eastern border. Again, however, the prospect of an actual partition  of Ukraine - 
along the lines of support for Yushchenko and Yanukovych  - is overblown and is as unlikely now as it was in 
the early to  mid-1990s.
 
 In its 1991 borders, independent Ukraine is a historical novelty.  Four empires - the Habsburg, Russian, 
Ottoman and Soviet empires -  left their mark on different parts of Ukraine and made regional  differences one 
of its most prominent characteristics. They include  ethno-linguistic, religious, socio-economic and political  
differences.
 
 However, a necessary emphasis on the regional factor in Ukrainian  politics neither calls Ukraine's 
territorial integrity into question,  nor precludes successful state- and nation-building. In fact, the  
regional factor has also had a stabilising effect, given that whoever  rules in Kiev has had to balance 
diverging regional political and  economic interests and search for compromises. Ethno-linguistic  differences 
between Russians and Ukrainians, or Russian speakers and  Ukrainian speakers, tend to be overemphasised by 
Western observers.  These categories are not mutually exclusive and do not make for  clear-cut political 
allegiances. Religion is also not a clear ethnic  or political marker.
 
 Socio-economic differences, heightened by the legacies of Soviet-era  economic planning, provide for the most 
potent divisions in Ukraine.  While it is hard to describe Ukraine's eastern regions as an economic  powerhouse,
 the west is clearly dependent on the east. The  north-western and central regions are primarily agricultural, 
whereas  the east is Ukraine's old industrial heartland where the coal mines,  steel industry and the once 
powerful military-industrial complex are  located.
 
 The eastern regions are also the home base of many of Ukraine's  influential oligarchs who have supported 
outgoing president Leonid  Kuchma and Yanukovych. The oligarchs themselves, however, are not a  united force. 
Their clashing interests will undermine the political  cohesion of any greater south-eastern region.
 
 The regional political elite of Donetsk, the stronghold of  ex-governor Yanukovych, has threatened to hold a 
referendum on  regional autonomy in early December if what they call a  'constitutional coup' succeeds and the 
election result is overturned.  This announcement is primarily an attempt to regain some of the  political 
momentum in view of the high visibility and strength of the  pro-Yushchenko demonstrations.
 
 The timing of this call for a referendum, which is now echoing in  other south-eastern regions like Luhansk 
and Crimea, reveals its main  aim. It is an attempt to influence the Supreme Court hearings, which  could 
result in a re-run of the elections. Given that it is hard to  gauge the actual strength of Yanukovych's 
support base, his political  allies are attempting to reframe the issue at stake. The image of  Ukraine's east-
west split is a powerful political weapon, and it  attracts attention abroad. It is, in fact, a last-resort 
strategy by  the Yanukovych camp.
 
 Fortunately, the prospect of the split materialising is extremely  slim. If the Supreme Court rules in favour 
of Yushchenko, several  regions in the south-east might stage a referendum on autonomy or  secession. But any 
secessionist initiative will stop at this point,  as there is no coherent south-eastern political agenda, and 
neither  Russia nor the West would encourage a split.
 
 The current political polarisation, including an east-west  dimension, will persist beyond the decision about 
the country's new  president. Any new president will have to continue balancing regional  interests. It is 
feasible that current events in Ukraine will provide  new momentum for a discussion about the decentralisation 
of local and  regional decision-making powers in Ukraine, but these issues will  only be addressed after the 
current standoff has been resolved.
 
 #6
 Ukrainian End Game
 by Grygoriy Nemyria 
 Wall Street Journal Europe, 30 November 2004
 
 Mr. Nemyria is director of the Center for European and International  Studies in Kiev and chairman of the 
International Renaissance  Foundation. 
    
     KIEV -- Whatever the final outcome of Ukraine's political crisis,
 the country's civil society has passed its biggest test. Walk the  snowy
 streets and squares of Kiev and other Ukrainian cities and see the
 hundreds of thousands of people peacefully protest against  criminality
 and for democracy. Attend the crowded meetings of the newly  established
 Trade Union of Journalists or the colorful gatherings of the  university
 strike committees. The reaction of the people to shameless electoral
 fraud vividly shows that Ukrainians don't just believe in democracy  but
 also intend to practice it.
     It remains to be seen whether the current leaders will be able  to do
 the same. Outgoing President Leonid Kuchma still has a chance to help
 arrange a peaceful transition of power rather than try to block it or
 even let things turn violent. In the coming days, the challenge for
 Viktor Yushchenko -- who by everyone's but the government's count won
 last Sunday's presidential elections -- will be to sustain the  momentum
 and to defend his victory. The challenge for Prime Minister Viktor
 Yanukovych, whom the ruling establishment wants (or, at least as of  last
 week, wanted) in that job, is to defend the tainted victory declared  by
 the Central Election Commission -- and of course, Vladimir Putin.  (The
 Russian president prematurely recognized the prime minister's "win,"
 shortly followed by the remarkable troika of Belarus dictator  Alexander
 Lukashenko, the boss of Moldova's separatist Trans-Dniestr region,  Igor
 Smirnov, and last but not least the Serbian war criminal, Slobodan
 Milosevic.)
 
 There are two ways out of the current predicament. The first one
 would use the existing laws and political negotiations. Parliament's
 support for the democrats marching in the streets, including the  highly
 symbolic but non-binding vote this weekend that declared the  elections
 invalid, isn't enough on its own. Mr. Kuchma would need to support  any
 constructive legal solution, including the re-voting of the second  round
 that he backed yesterday, without letting his underlings interfere.
    
     The weak link here is the Ukrainian court system. Toothless and
 subservient to the executive branch in the past, the courts aren't
 trusted by either side. But the Supreme Court, which took up the
 opposition challenge to the election yesterday, will still be a  player.
 Its decision, probably later this week, could either pave the way  for a
 legal solution or trigger an escalation in the conflict.  Acknowledging
 that the opposition has the momentum, and with even the president
 wavering, Mr. Yanukovych yesterday for the first time indicated that  he
 would consent to a rerun of the elections, if election fraud was  proven.
 
 The sooner a resolution is found, the better. Any delay will
 destabilize the situation.
    
     The second scenario involves continued civil disobedience, which
 carries a higher risk of violence. That risk would surely increase if
 the first option of political comprise fails. To avoid that outcome,
 Ukrainians should continue to "internationalize" their domestic  conflict
 by bringing in legitimate and responsible outside mediators. Friday's
 round table talks involving the EU's foreign policy tsar, the Polish
 president and Russia's Duma chairman was a good start.
    
     There's little time to waste. As the democratic opposition makes
 gains, blocking government building and forcing the end of  censorship at
 the state-run media, the Yanukovych camp is increasingly desperate.  On
 Sunday, his supporters -- deputies and governors from some eastern  and
 southern Ukrainian regions -- called a referendum on establishing a
 south-eastern Ukrainian federal region with Kharkiv as its capital.  Even
 Mr. Kuchma denounced this move as illegal. Raising the wild card of
 separatism is a form of blackmail. The eastern regional elite -- a  mix
 of "red directors," former Communist Party apparatchiks and the new
national nomenklatura united around the invisible core of Ukrainian
 oligarchs and their clans -- are running scared. They'd all agreed  that
 Mr. Yanukovych was the safest pair of hands to take over from Leonid
 Kuchma, and never figured that the Ukrainian people might have  different
 ideas.
    
     Behind the move toward a referendum, now slated for this Sunday,  is
 a cynical attempt to transform and expand the Donbass from a  "captured
 region" into a "captured state." Alongside Mr. Yanukovych, Moscow  Mayor
 Yuri Luzhkov, a loyal Putin ally, took active part in drawing up the
 referendum plan this weekend. Already having staked so much  credibility
 on a Yanukovych "victory," the Kremlin's back-up plan here may be to
 carve out a Russian-speaking, border region from Ukraine. The  Russians
 don't care much about their compatriots in the "near abroad." In
 reality, Moscow would love to anchor Ukraine, or a large chunk of  it, in
 a post-Soviet space with Russia being the undisputable hegemon.
    
     Regional differences matter in Ukraine's domestic politics as  well
 as in its foreign and security policies. Eastern Ukrainian oblasts  share
 a number of common characteristics: A considerable number of ethnic
 Russians; territorial proximity to Russia; a concentration of heavy
 industry and old Soviet military-industrial plants; a "Soviet" value  and
 political system.
    
     Eastern Ukraine is complex. But one can say for sure that the
 collective identity of those regions is much more tied to the land,  the
 place, than to ethnicity. Even if people there feel close to Russia,  it
 doesn't mean that they consider themselves Russian or reject their
 (non-ethnic) Ukrainian identity. For that reason, Mr. Yanukovych and  his
 supporters will have a harder time than outside observers realize in
 injecting ethnicity into the current crisis.
    
     The referendum isn't a new idea. Local "consultative" referendums
 took place in the Donetsk and Luhansk oblasts in 1994 in parallel  with
 the presidential elections. Voters were asked whether Ukraine should
 become a federation and should Russian be recognized as the country's
 second state language. Around 80% said yes. But those votes weren't
 binding. Two years later, the national constitution defined Ukraine  as a
 unitary state, seemingly quashing any separatist designs -- until the
 sitting prime minister, a man who is charged with defending that
 constitution, felt anxious enough to raise the specter of separatism
 anew by giving his support to the referendum plans. The threats of a
 break-up of Ukraine, even a civil war, should be seen as just that,  the
 threats of scared regional clans. The resignation of Serhiy Tyhypko  from
 the position of the governor of the central bank and head of the
 Yanukovych election campaign yesterday, ostensibly in protest against
 the referendum in the east, is a sign of the growing tensions within  the
 ruling elites.
    
     This dramatic presidential election is not, contrary to so much
 commentary inside and outside Ukraine, a choice between the West and
 Russia. The choice is between the consolidation of autocracy and
 consolidation of democracy here and throughout the region. And it is  not
 a choice that Ukraine is facing alone. The resolution of this crisis
 will help determine the future for open and pluralistic politics in
 Belarus, in Russia, and throughout the former Soviet space.
    
     For a long time after independence in 1991, Ukraine lacked the
 internal momentum to reform and change. The struggle in Kiev,  regardless
 of the shenanigans in eastern regions or the Kuchma government's
 stonewalling, shows that the country is ready to move forward toward
 Europe. Ukraine has stable growth, true political competition, a  vibrant
 civil society, and a young middle class. The current fight will
 determine whether a healthy democracy is added to that mix.
    
     Ukraine needs solidarity and support in this critical juncture of
 its history. It's not begging for a signal from the European Union or
 the West as a whole that it belongs. By its actions, the Ukrainian
 people are sending a strong signal themselves.
 
 #7
 Where democracy refuses to die
 The media was pro-government. In much of the country, the election  machinery was controlled by the ruling 
party. Voter fraud was  rampant. But the people of Ukraine will not surrender.
 by David Talbot
 Salon, 30 November 2004
 
 Nov. 30, 2004  |  Progressive American voters, still downcast over  the results of the presidential election --
 as well as an election  system gravely impaired by the antiquated Electoral College,  fraud-inviting 
electronic machines, and rampant political abuses --  can take vicarious pleasure these days from Ukrainian 
democracy.  Throughout the presidential campaign in the former Soviet republic,  opposition candidate Viktor 
Yushchenko struggled against a  government-controlled media and election machinery that heavily  favored his 
opponent, Viktor Yanukovych, the handpicked successor to  the country's corrupt and thuggish president, Leonid 
Kuchma. But when  Yushchenko was denied victory in the Nov. 21 election, after  widespread fraud, the 
opposition leader and his supporters did not  fade away -- they took to the streets and refused to accept the  
official version of the election.
 
 With the Ukrainian Supreme Court still deliberating the opposition's  election challenge -- and the democratic 
revolution in full flower on  the wintry streets of Kiev -- Salon spoke with Olena Prytula, editor  in chief of 
Ukrayinska Pravda (Ukrainian Truth), the courageous Web  site that has been responsible for some of the 
country's only  aggressive, independent coverage of the Kuchma regime. Prytula's  partner, Georgi Gongadze, was 
kidnapped, murdered and beheaded four  years ago -- an execution that a former bodyguard of Kuchma later  
charged was personally ordered by the president. In the past few  weeks, Prytula and her small staff have 
thrown themselves into  covering the dramatic election and aftermath, with traffic to her  site ballooning to 
five times the normal flow. Prytula spoke by phone  from Kiev, after another long, exhausting day, about the 
democratic  uprising that contains "some small part of my work and my soul."
 
 Are you hopeful that the Supreme Court will rule in favor of the  opposition?
 
 It could take several days for the decision. I hope that the  opposition has enough documents to prove the 
election was stolen.
 
 Even Kuchma said on Monday he favors new elections.
 
 Yes, but this is not good. To make a new election is very difficult.  The opposition will have to raise new 
money, run new campaigns, it's  very expensive. And everybody is tired of elections already. So I'm  not sure 
it's the best choice for Ukraine. If Kuchma wants a new  election, it probably means he hopes to find another 
candidate who  will be stronger than his last one, Yanukovych. Nobody trusts Kuchma  -- so I don't trust him 
when he says he wants new elections. It means  he has something up his sleeve.
 
 Is he thinking of running himself?
 
 No, he said today that he will not enter the race.
 
 So Yushchenko is not pushing for a new election -- he wants the  Supreme Court to rule that he was the real 
winner of the last  election?
 
 Yes, that's true. The opposition is hoping that the Supreme Court  will find that the vote in several regions 
was fraudulent. Most of  the regions were in the east and central Ukraine, where Yanukovych is  strong. His 
people control the government in these regions and  control the vote count. You know, as Stalin said, it 
doesn't matter  who votes, it's who counts. So we have the same situation -- the  Yanukovych people did the 
counting.
 
 But the local media in these regions have a lot of video  documentation that these elections were not fair and 
transparent. So  the truth is getting out.
 
 Do you believe the Supreme Court will rule in the opposition's favor  or the government's?
 
 We don't know.
 
 Is it similar to the U.S. election in 2000, when it was all but  certain how the Supreme Court in Washington 
would rule, because it  was stacked with Republican appointees?
 
 Well, it's true that our Supreme Court justices feel very strong  pressure from the Kuchma government right 
now. But on the other hand  these justices see the thousands of people on the streets and they  don't want to 
be enemies of these people. So I believe in the end,  they will behave properly and make a just decision.
 
 There's discussion that Ukraine may split in two, with the eastern  region, which is more closely linked to 
Russia, breaking away if  Yushchenko becomes president? Do you think this is a real  possibility?
 
 Yes, I do. Ever since Ukraine became independent, no one even  thought about that. But it's only now, when 
Russian advisors who work  for Yanukovych are pushing him on this, that this question arises.  Because of his 
Russian advisors. Throughout the campaign, these  advisors positioned him so that Yanukovych was supposed to 
represent  the east, and Yushchenko the west. Actually, the election results  showed that Yushchenko has 
support in the center of the country and  partly even in the eastern regions.
 
 The other problem is that people who live in eastern Ukraine did not  get any reliable news and information 
during the campaign about  Yushchenko and his program. Actually this was true of people  throughout the country.
 They were bombarded with slanted media  coverage and negative campaign ads that said Yushchenko was very  
nationalistic, that he wanted to split Ukraine and so on. And then  you must realize that the governors in the 
eastern region know that  if Yushchenko becomes president, they will lose their jobs. So they  are fighting for 
their political survival. That's why they are  pushing for secession. And Yanukovych is too.
 
 Do you think Putin is supporting the idea of secession?
 
 Yes, he's very pro-Yanukovych; he even campaigned for him and said  publicly he wished for him to win. The 
whole idea of Yanukovych as a  successor to Kuchma is very important to Putin -- because he himself  was a 
successor, and he wants to hand his own government to a  successor. If voters in neighboring Ukraine frustrate 
their  government's succession plan, it sets a bad precedent for Putin in  Russia.
 
 What's the mood on the streets of Kiev?
 
 The orange people, as the opposition people call themselves, are  very happy. Orange is Yushchenko's campaign 
color. Yanukovych's  colors are blue and white, so we call them the blue and white people.  But the orange 
people are all smiling and singing. And when people  from eastern Ukraine come to the center of Kiev, which is 
where the  demonstrations are based, they give them tea and coffee and food. The  orange people are dancing and 
singing our national anthem -- it's  suddenly become our most popular song! (Laughs) Can you imagine?
 
 So the winter cold is not dampening protesters' spirits?
 
 Well, yes, it's very cold. It was minus 10 Celsius the other night.  It's always snowing and sometimes there's 
a bitter wind. But people  are very strong. I walk home from my office at 2 o'clock in the  morning, and I walk 
through the tent city where the orange people are  camped out. And people inside are dancing -- and they're not 
drinking  or drunk. Most of them are young people. And during the day, a lot of  people who live and work in 
Kiev drop by and give them food and offer  their support. Every evening opposition leaders hold meetings, and  
there are hundreds of thousands of people in the streets. There are  music groups. And they have even written 
new songs about the current  situation, the revolution that is taking place. There's one popular  song called 
"Yushchenko, Yes!"
 
 I'm very proud right now of the Ukrainian people. It's like all the  people are brothers. The other day I saw 
people from government  offices, standing near their doors. And then two babushka walked by  and stopped and 
said, "Are you OK, are you tired, are you cold? You  can come to the tent city and have some tea." So people 
are just so  happy with each other. They realize they can change something, they  realize they are a nation -- 
for the first time since independence  from the Soviet Union.
 
 And people are even reaching out to the elite troops that are  guarding the presidential administration 
buildings. Girls are  laughing with them, they are dancing in front of them, they are  trying to make them 
smile. Can you imagine!
 
 So the people of Ukraine are reveling in their democratic strength  for the first time since independence?
 
 Yes, this is true. And this is why I am so proud. And I also realize  that there is some small part of my work 
[as an independent  journalist] and my soul in this revolution. That's why I am so happy.
 
 Do you think of Georgi these days?
 
 Yes, I do. And so do the people in the streets. There's a street in  the center of Kiev called Bankova Street, 
which is where the  presidential administration is located. And the people from the tents  have begun calling 
it Gongadze Street. They know that once Kuchma is  gone, it will be officially renamed Gongadze Street. 
Yesterday was  the fourth anniversary of the day that a socialist leader released  those tapes and everybody 
knew that Kuchma was involved in Georgi's  death. [Kuchma has denied the validity of the audiotapes, on which he
  is purportedly heard ordering his security agents to eliminate the  troublesome journalist.] It was the 28th 
of November, 2000.
 
 Is Yushchenko in any danger right now?
 
 Yes, everybody's in danger. But I believe everything will be OK.
 
 Do they use the fact that he's married to an American woman against  him?
 
 Of course! All the time. "How can you be Ukrainian when your wife  and children are American?" That's what 
they say.
 
 Do you think there will be violence?
 
 I hope not. But right now we can see that Yushchenko and Kuchma are  talking in different languages. So they 
can't hear each other.  Yushchenko is very democratic, very polite, he doesn't want to split  Ukraine. But 
Kuchma has come out today in support of the deputies in  the east who favor secession. The situation is still 
very much up in  the air.
 
 Is there any concern about Yushchenko's health? His face still shows  signs of the mysterious poisoning he 
suffered earlier in the campaign  (which the opposition leader charged was the work of government  agents). Is 
he holding up all right?
 
 I don't know, but he is working very hard every day. You can see him  in the snow and the cold. I have not 
heard anything bad about his  health from his supporters. But Yanukovych supporters like to play up  the health 
question. They tell people that he will die in a few  years, so who will be our president then. But he's 
looking very  strong.
 
 #8
 PR Man to Europe's Nastiest Regimes
 David Aaronovitch
 The Guardian, 30 November 2004
 
 Whenever, as this past week, eastern Europe is on the news, so too  is a man called John Laughland. Last 
Sunday he was playing Ukrainian  expert on the BBC's The World This Weekend, the day before he was  here in the 
Guardian defending the Ukrainian election "result", and  at the beginning of the month he was writing for the 
Spectator - also  on Ukraine.
 
 Laughland's great strength is that he sees what no one else in the  west seems to. Where reporters in Kiev, 
including the Guardian's own  Nick Paton-Walsh, encounter a genuine democracy movement, Laughland  comes across 
"neo-Nazis" (Guardian), or "druggy skinheads from Lvov"  (Spectator). And where most observers report serious 
and specific  instances of electoral fraud and malpractice on the part of the  supporters of the current prime 
minister, Laughland complains only of  a systematic bias against (the presumably innocent) Mr Yanukovich.
 
 A quick trawl establishes this to be the Laughland pattern over the  past few years and concerning several 
countries. Laughland has  variously queried the idea that human rights are a problem in  Belarus, or that the 
Serbs behaved so very savagely in Kosovo. He has  defended Slobodan Milosevic, criticised the International 
Tribunal in  the Hague and generally argued that the problem in countries normally  associated with human 
rights abuses is, in fact, the intervention of  western agencies.
 
 It was the British Helsinki Human Rights Group hat that he was  wearing last Sunday. On its website the BHHRG -
 of which Laughland is  a trustee - describes itself as a non-governmental organisation which  monitors human 
rights in the 57 member states of the Organisation for  Security and Co-operation in Europe. Laughland is 
listed as a  trustee, the historian Mark Almond (to be found writing about the  Ukraine in last week's New 
Statesman) is its chairman.
 
 Founded in 1992, the BHHRG sends observers to elections and writes  reports which - along Laughlandish lines - 
almost invariably dispute  the accounts given by better known human rights organisations. This  stance has led 
to the BHHRG being criticised by the International  Helsinki Federation for Human Rights (established in 1976) 
as  preferring "the role [is to take] PR flak for a new breed of  authoritarian rulers in Europe" to the 
business of actually  monitoring abuses.
 
 So what on earth is going on here? I know nothing about BHHRG's  finances, but the ideological trail is 
fascinating. Take the  co-founder of the group, Christine Stone. She was a lawyer before she  helped set up 
BHHRG. Since then she has "written for a number of  publications including the Spectator and Wall Street 
Journal on  eastern Europe and the former Soviet Union".
 
 This information comes from a US website called Antiwar.com where,  for a while, Stone had a regular Thursday 
column. But Antiwar.com was  not a leftwing site opposing the Iraq war. It was a rightwing site  set up to 
oppose the Kosovo intervention in 1999. Its "editorial  director" was a man called Justin Raimondo who was 
active in the  small US Libertarian party before joining the Republican party. In  the 1992, 1996 and 2000 
elections he supported the campaigns of Pat  Buchanan, the far-right isolationist candidate.
 
 Raimondo is also an "adjunct scholar" with the Ludwig von Mises  Institute. This is a libertarian think-tank 
in Auburn, Alabama,  founded by one Lew Rockwell, who describes himself as "an opponent of  the central state, 
its wars and its socialism". A contributor to  Rockwell's own site is Daniel McAdams, who is - in his own words
  "honoured to be associated" with the British Helsinki Human Rights  Group.
 
 Trail 2. Laughland is also European Director of the European  Foundation (patron, Mrs M Thatcher), which - 
judging by its website -  seems to spend most of its time and energy sending out pamphlets by  arch-Europhobe 
Bill Cash. A synopsis of one of Laughland's own books,  however, notes his argument that, "Post-national 
structures ... and  supranational organisations such as the European Union - are ...  corrosive of liberal 
values (and) the author shows the ideology as a  crucial core of Nazi economic and political thinking."
 
 Beginning to get the picture now? Trail 3 leads us to Sanders  Research Associates, a "risk consultancy" for 
which Laughland is,  according to their website, "a regular contributor" and to which  companies can subscribe 
for information and advice. The "principal"  is a Chris Sanders. The kind of steer Sanders gives his customers 
can  be adduced from this report on the morning of the US presidential  election. "We will be very surprised," 
he wrote, "if on Wednesday  John Kerry has not won a clear majority of electoral college votes  and that his 
supporters are not nursing substantial post vote  celebration hangovers, if not still drinking the champagne."
 
 Lots of people got that one wrong, and some blamed their own  judgment. Not Sanders. "Our bet," he says 
following the results, "is  that we will soon be adding an investigation into the biggest vote  fraud in 
history.'"
 
 Sanders, it seems, is not beyond the odd bit of conspiracising. In a  bulletin from June 2002 he also has 
something to suggest about the  Twin Towers atrocity. "It was obvious then, and it is obvious now,"  he writes, 
"that something besides the brilliance of a band of  terrorists or the incompetence of America's security 
apparatus was  responsible for the disaster of 9/11." But he doesn't tell us what  that "something" was.
 
 Sanders on America and Laughland on Ukraine, however, are not the  most amazing features of Sanders Research 
Associates. That  distinction belongs to the report on Rwanda written for Sanders by a  Canadian lawyer named 
Chris Black. Black is the only person I have  ever seen putting the word genocide in quotation marks when 
applied  to Rwanda. Rwanda, you see, was all the US's fault, and wasn't  carried out by Hutus in any case. It 
was all got up to justify US  intervention in the region. He condemns the "demonising (of) the Hutu  
leadership".
 
 Since 2000 Black has been the lead counsel representing General  Augustin Ndindiliyimana, chief of staff of 
the Rwandan gendarmerie,  at the International Criminal Tribunal for Rwanda. He is also chair  of the legal 
committee for the international committee for the  defence of Slobodan Milosevic. Last year (though not for 
Sanders)  Black went on a delegation to North Korea. The report he wrote on his  return is full of references 
to happy peasants, committed soldiers  and delightful guides. The North Korean system, he suggested, being  
"participatory", was in many ways more democratic than parliamentary  systems in the west.
 
 This is weird company. And what we seem to have in Laughland and his  associates is a group of right-wing anti-
state libertarians and  isolationists, suspicious of any foreign entanglements, who have  somehow morphed into 
apologists for the worst regimes and most  appalling dictators on the planet.
 
 And where does it all end up? A couple of weeks ago Sanders  commended to his clients "John Laughland's series 
of articles  [showing that] the attack on Iraq is just the southern offensive of a  larger campaign to tighten 
the noose on Russia." And he continued,  "What is less well understood are the risks that the unravelling  
political compact in Israel poses for the United States and Great  Britain, whose political processes, 
intelligence services, military,  media and financial establishments are so thoroughly enmeshed with  Israel's."
 
 Read that last sentence again and then ask yourself: in what way are  Britain's media and financial interests 
"thoroughly enmeshed" with  Israel's?
 
 
********************************************************************** **
 
 UKL 291, 30 November 2004
 
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Canadian and International law.
 
 Dominique Arel, Chair of Ukrainian Studies
 University of Ottawa
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