A Political Mess

By Walter Kish

As the political crisis in Ukraine continues to drag on without any signs of a quick resolution, the volume of commentary, analysis, opinion and speculation has become overwhelming.  Depending on whom you read, we are witnessing the delayed conclusion of the original Orange Revolution, a counter-revolution, a coup by the Yushchenko forces, an unconstitutional usurpation of power by the ruling coalition, etc. etc.

Each side is seeking the moral high ground, claiming that their opponents are acting undemocratically, unconstitutionally or self-servingly.  It is a propaganda battle employing sophisticated media and political techniques, aimed both at the Ukrainian populace as well as the outside world.  Yanukovich, Yushchenko and Tymoshenko have made a point of meeting and talking with foreign ambassadors and political leaders to plead their case.  Yanukovich has even called on certain European leaders to play a mediating role in resolving the conflict.  A constant stream of press releases, speeches and articles are flooding the media channels.

Unsurprisingly, both sides are putting pressure on the Constitutional Court to rule that their opponent’s moves were unconstitutional.  Although it is true that a case could be made against the constitutionality of Yushchenko’s move to dissolve parliament, by the same token, there is no doubt that many of the actions of Yanukovich’s ruling coalition in the past year were also of dubious constitutional legitimacy.  Within this pressure cooker scenario, and legitimately fearing personal repercussions in the face of not so subtle threats, it is little wonder that the court is reluctant to even consider the matter, never mind providing a definitive ruling.

In my mind, there are two key conclusions to be drawn out of this mess. First, it is clear that the current form of government is both unworkable and impractical.  The division of powers and governmental structure specified under recent constitutional changes can only work when a spirit of cooperation and commitment to democratic principles exists amongst all parties of the political process.  This is clearly not the case. 

As I have stated in earlier articles, it appears from their actions that the Regions lead coalition views political power as a zero sum game, and power sharing or compromise is for weaklings.  Once in power, their strategy is to consolidate all power and authority in their hands and to marginalize or destroy the opposition.  To do this, all the clout and mechanisms of the state are brought to bear to intimidate and weaken those that provide political or other support to their opponents.  Subsequent to gaining power, Yanukovich ensured that all the top bureaucratic positions within state structures were filled with his loyalists from the Donbass.  Thus all the fiscal and regulatory power of the state could be focused on serving his personal political interests rather than, as his opponents claim, the national good.

Secondly, barring an unlikely complete capitulation by Yanukovich, it cannot be assumed that a new election will solve the current impasse.  Even should some form of election take place, without the current coalition’s active participation its legitimacy would be severely compromised.  Even with all parties’ participation, the ultimate result is not likely to vary significantly from the current division of votes, leaving to continuing political uncertainty and instability. The only real solution is to go back to the constitutional drawing board and come up with a new more practical and more solid governmental structure, division of powers and electoral process. 

The recent constitutional reforms were clearly too riddled with weaknesses, ambiguities, lack of safeguards and workable processes.  It was vulnerable to change and manipulation by Parliament without the participation or approval of the Ukrainian citizenry.  Further, the designated safe guarders of the constitution, the judges of the Constitutional Court, neither have the clout, authority nor independence to effectively play their crucial role.

Solving the current political mess requires nothing less than a thorough revamp of the Constitution and structure of government to prevent the current immature and divisive political structures in Ukraine from abusing or manipulating the system for their private ends.  A constitutional assembly comprising of judicial, political and academic experts, as well as proper representation of all of Ukraine’s citizens should be convened for this purpose.   Key to its effectiveness would be to insure that current political leaders participate, but not control or manage this process.  They have shown that they cannot be trusted.  To paraphrase an old adage, politics is too important a game to be left to the politicians.