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TITLE: UKRAINE HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
UKRAINE
Ukraine was governed in 1993 by the 1978 Constitution of the
Ukrainian Soviet Socialist Republic, modified by the
introduction of a Presidency and a multiparty system. The
President, elected for a 5-year term, nominates the Prime
Minister and members of the Cabinet, who are subject to
confirmation by the Parliament. Day-to-day government
operations are the responsibility of the Prime Minister and the
Cabinet. The 450-member parliament, called the Supreme Rada
(Council), was elected in 1990, before Ukraine's 1991
declaration of independence and while the country was still
dominated by the Communist Party. It is responsible for
initiating legislation, ratifying international treaties and
agreements, and approving the state budget.
A parliamentary commission, formed in 1992 to prepare a new
constitution, had not completed its work by year's end. In
general, 1993 was a year of increasing governmental and
executive-legislative deadlock. As an extension of his de
facto control over economic and administrative reforms,
President Leonid Kravchuk continued to use his authority to
appoint presidential representatives with broad powers to each
oblast (provincial) government; the Rada curtailed some of
their powers during 1993. The ability of the legislative and
judicial branches to function independently from the executive
branch remained limited. In an effort to break the deadlock,
the Rada called for early parliamentary elections in March 1994
and presidential elections in June 1994.
The National Security Service of Ukraine (SBU), the Ministry of
Internal Affairs (MVD), and the Ministry of Defense all have
equal status and report directly to the President through the
Council of Ministers. The chairmen of these institutions sit
on the Council of Ministers and simultaneously chair executive
committees of the Council responsible for each of their
ministries. The senior leadership of each of these services
and officials in related ministries comprise the membership of
these executive committees. The Rada confirms the appointment
of each chairman after hearings and has established committees
to advise and consult with the executive committees on a
regular basis.
The armed forces have largely remained outside politics. The
SBU participates in parliamentary debate in a technical
advisory capacity. Although the SBU has affected the political
process with its corruption investigations against leading
politicians, it has not engaged in purely partisan political
activity. Human rights organizations have not reported any
violations of human rights by the SBU.
In November 1992, the Rada granted extraordinary powers to the
Prime Minister for reform and regulation of the economy. The
Prime Minister was empowered to issue economic decrees with the
force of law, unless vetoed by the Rada within 10 days. The
Government used this authority to introduce small-scale
privatization, some financial stabilization, and limited land
reform. Because of the opposition of conservative factions to
broader reforms, in May 1993 the Rada refused to extend the
extraordinary powers. The economy did poorly in 1993:
production in state-owned industries declined rapidly while
state subsidies increased, the budget deficit jumped, the
currency remained unstabilized, and the economy fell into
hyperinflation.
The human rights picture remains mixed. While there are few
significant violations, the populace as a whole lacks an
understanding of its human rights. The 1991 law on the rights
of ethnic minorities (enhanced by the 1992 law on national
minorities) guarantees persons belonging to ethnic minorities
the right to schools and cultural facilities and the use of
their languages in business and official correspondence. While
some ethnic tension persists, particularly between Ukrainians
and Russians in Crimea, Ukraine has been remarkably free of
interethnic antagonism and conflict. There is residual
anti-Semitism. Other human rights problems include continuing
restrictions on freedom of the press and unreformed Soviet-era
prison and legal systems.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Several political killings (of officers of the Black Sea fleet
and a political candidate) were alleged to have occurred in
Crimea in late 1993. Some accused the Government of
participating in these killings and of refusing to conduct
thorough and timely investigations. At year's end, there was
no conclusive evidence that the killings were politically
motivated or that they were perpetrated by government agencies.
b. Disappearance
There were no reported incidents of abductions or
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The 1978 Constitution prohibits torture. However, police
beatings occasionally occur, and there is no mechanism for
registering complaints about mistreatment or for obtaining
redress. Visitors to Ukrainian prisons describe conditions as
severely substandard. Prisons are overcrowded, with the number
of prisoners sometimes four times capacity. Because of poor
hygenic conditions and inadequate diet, full-scale riots have
erupted. Prison authorities and the MVD have done little to
reform prison conditions and have also refused to discuss the
subject with foreign governments, other Ukrainian government
bodies, human rights groups, or Ukrainian civic organizations.
The Ukrainian psychiatric community has begun to adopt more
humane methods of treatment. Some in the Government support
the adoption of less coercive and degrading modes of
treatment. Despite the resource constraints imposed by the
economic crisis, efforts to improve medical training, hospital
conditions, patients' rights, and legal norms are proceeding.
d. Arbitrary Arrest, Detention, or Exile
There were no reported cases in 1993 of arbitrary arrest or
detention of persons. Ukraine has only slightly amended its
Soviet-era law on detentions. A person suspected of a crime
may be detained for 3 days without warrant. A prosecutor must
issue an arrest order permitting detention beyond 3 days. The
maximum period of detention after charges have been filed could
be as much as 1 1/2 years. The law permits citizens to appeal
the legality of an arrest either to the court or to the
prosecutor. As citizens gain a better understanding of their
rights under a 1992 law, they are increasingly filing appeals
with the courts. The authorities have dismissed individual
officials for not adhering to legal guidelines. There is no
bail system, although once charges are filed the court may
release the defendant on his own recognizance.
A judge must initiate a trial within 3 weeks from the time
charges are filed, a limit that not always met in practice. In
the overloaded court system, months may pass before a defendant
is brought to court. The law provides for a detainee's access
to a defense attorney from the moment of detention or the
filing of charges, whichever comes first. To protect the
defendant, each investigative file must contain a document
signed by the defendant and his counsel attesting that the
defendant's rights were explained to him in the presence of an
attorney. An appeals court may dismiss a conviction or order a
new trial if this document is missing.
As defendants became aware of their rights, they increasingly
took advantage of the changes in criminal procedure. However,
many still do not know about, and therefore cannot avail
themselves of, these procedures. Defense attorneys' fees also
have become prohibitively expensive.
There is no exile.
e. Denial of Fair Public Trial
The Ukrainian court system follows the Soviet model. Aside
from a December 1991 law modifying the Ukrainian system of
prosecution and a June 1992 law creating the Constitutional
Court, there has not been major structural reform. All the
candidates selected by the Government for the Constitutional
Court refused appointments, and the Court has not been able to
begin work.
The courts are undifferentiated as to function. In the same
day, judges may hear criminal, civil, and juvenile cases. The
courts are organized on three levels: rayon courts (regional,
also known as people's courts); oblast (provincial) courts; and
the Supreme Court. All may act as the court of first instance
depending on the severity of the crime. A case heard in the
first instance by the Supreme Court, therefore, may not be
appealed or reviewed. There are no clear rules to determine
which court first hears a case. As a rule, military tribunals
handle cases involving military personnel only.
Prosecutors, like the courts, are organized into offices at the
rayon, oblast, and republic levels. They are ultimately
responsible to the Prosecutor General appointed by the Rada.
Prosecutors and defense attorneys have equal status before the
courts. Prosecutors still are very influential in court
proceedings. The prosecutor directs the Security Service in an
investigation or uses the investigative resources of the
prosecutor's office.
While the defendant is presumed innocent and tried before a
panel of judges, conviction rates have not changed from the
Soviet era. Nearly 99 percent of cases end in convictions.
However, the structure of the system is such that judges
frequently send back for additional investigation those cases
unlikely to end in convictions. These cases are then sometimes
dropped or closed, occasionally without informing the court or
the defendant. Consequently, convictions rates are a somewhat
misleading statistic.
Oblast and Supreme Court judges may not be members of political
parties and must have at least 5 years of legal experience.
The Rada selects judges on the basis of recommendations from
the Ministry of Justice which are based in part on examination
results. The chief prosecutor and deputy chief prosecutor are
nominated by the President and confirmed by Parliament. State
and local prosecutors are appointed by the chief prosecutor.
Many current judges and prosecutors were appointed in Soviet
times when political influence pervaded the judicial system.
It is unclear how free the judiciary now is from influence and
intimidation by the executive branch of government. At the
oblast level especially, judges, prosecutors, and other court
officials appear to remain closely attuned to local government
interests.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The SBU may conduct intrusive surveillance and searches without
a warrant on national security grounds. Human rights observers
report receiving no complaints of invasion of privacy by the
SBU. According to the SBU charter, persons subject to
surveillance must be informed after a month's time. The
Prosecutor General's office has oversight responsibility over
the SBU and is utilizing its authority to monitor its
activities and to curb excesses by security officials. In the
past, excesses have included overzealous surveillance and
searches, and unwarranted detentions.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
A 1991 Ukrainian law purports to protect freedom of speech and
press. However, there are significant impediments to the
exercise of these freedoms, and the 1991 law only covers
printed media. Criticism of the Government is tolerated, but
lack of independent funding and of public support for
independent media make it difficult for opposition leaders to
disseminate their views widely. Most newspapers continue to
receive state subsidies, a form of indirect control over their
activities. While no direct government censorship mechanism
exists, official newspapers in the past have been reluctant to
publish antigovernment editorials or information that could
offend the Government because of the ingrained habit of
following the party line formed during Soviet times.
In December opposition parties and candidates asserted that the
Government reduced media availability and access for candidates
for public office. One paper critical of the Government was
closed for nonpayment of debt to the state monopoly enterprise
selling newsprint. The editor of the most popular newspaper in
Ukraine, also critical of the Government (and the opposition),
was replaced with a more progovernment editor. The parent
company asserts that the editor was replaced because the
newspaper was 12 billion karbovontni in debt to the State.
Opposition politicians claim that the parent company, subject
to pressure from the Government, actually was practicing
self-censorship. Official publications, heavily subsidized
despite the economic crisis, continue to publish without
hindrance.
A recent Ukrainian decree placed newsprint in the category of a
strategic material, giving the Government control over the
distribution of all paper. The President, in announcing the
decree, stated that this would enable the Government to ensure
equal distribution of paper to all government and independent
newspapers in a time of shortage. Generally, paper shortages
appear to affect all papers regardless of political orientation.
In the second half of 1993, press criticism of the Government
was more open, notably regarding the Government's economic
program and policy toward Russia.
A new threat to free and open discussion of issues came from
criminal elements and organized crime. This is an aspect of
Ukrainian life that has grown dramatically, nearly undeterred
by the Government, since independence. Some journalists and
editors report they fear reprisals from criminal elements if
they expose how Ukrainian organized crime has come to control
much of private and governmental life.
No law protects or defines the role of government in the
electronic media. In the state-sponsored broadcast media, the
Government has been known to restrict discussion of such
domestic problems as inter-Orthodox Church squabbles. Several
private Ukrainian television channels rebroadcast uncensored
foreign news programs and create their own programming.
Foreign broadcasts are received without interference. Russian
broadcast media are more popular than their Ukrainian
counterparts and frequently criticize the Ukrainian
Government. Senior government officials are highly critical of
the Russian media, but the Government does not attempt to jam
Russian broadcasts.
b. Freedom of Peaceful Assembly and Association
The law on public assembly, which dates from 1989, stipulates
that organizations must apply for permission to the respective
local administration 10 days before a planned demonstration.
Participants in demonstrations are prohibited by law from
instigating violence or ethnic conflict and from calling for
the violent overthrow of the constitutional order.
Demonstrations may not interfere with traffic, take part near
the Rada when it is in session, or otherwise hinder municipal
life. In Kiev permits are routinely granted. Unlicensed
demonstrations, including demonstrations and hunger strikes at
the Parliament building when the Rada is in session, often
occur without police interference.
The 1992 law on public organizations prohibits the State from
financing political parties and other public organizations.
According to the law, political parties may not receive funds
from abroad or maintain accounts in foreign banks. The law
prohibits organizations advocating the violent overthrow of the
Government and constitutional order or undermining Ukraine's
state security by collaboration with other states. Political
parties are barred from having administrative or organizational
structures abroad. The law prohibits police, members of the
armed forces, and executive branch officials from joining
political parties, but many such individuals nonetheless
publicly associate themselves with specific parties.
Political parties may be dissolved only by a court decision.
The Supreme Court may dissolve a party for advocating the
overthrow of the State, for anti-Ukrainian activities, for
violating or advocating the violation of the constitutional
rights of citizens, or for urging citizens not to honor their
constitutional duties. Because there have been no dissolutions
since independence, the criteria are not yet set by precedent.
The Communist Party of Ukraine, a subsidiary of the former
Communist Party of the Soviet Union (CPSU), was banned
immediately after the coup attempt of 1991, and many Communists
participated in establishing the Socialist Party of Ukraine.
In December 1993, the Government reregistered the Communist
Party.
c. Freedom of Religion
The 1991 law on freedom of conscience and religion permits
religious organizations to establish places of worship and
train clergy. Religious organizations are required to register
with local authorities and with the Government's Council of
Religious Affairs. As a rule, the registration process lasts
about 1 month. The State has not interfered with the
registration of minority religions (e.g., Islam, Mormon,
Jehovah's Witnesses, and the Church of the Nazarene).
Obstacles to complete religious freedom still exist at the
local level where in some places the bureaucracy has delayed
registration of religious organizations. However, a Ukrainian
religious organization may not be denied registration. Any
Ukrainian group representing itself as a church can apply for
registration. While technically no church has been denied
registration to date, the application of the Ukrainian
Autocephalous Orthodox Church has not been acted upon for over
a year, pending the resolution of very contentious property
issues between Ukrainian communions.
Churches are permitted to maintain links with coreligionists in
other countries. Religious publications are freely allowed.
Greek Catholic, Orthodox, and Jewish services are televised on
major religious holidays. Easter and Christmas are official
holidays. Religious groups are allowed to proselytize and
distribute Bibles and other religious publications.
An amendment to the 1991 law, passed by the Rada on December
23, 1993, raised religious freedom concerns. President
Kravchuk, as of the end of the year, had not signed this
legislation. The amendment in question states: "Clergymen,
religious preachers, teachers, other representatives of foreign
organizations who are foreign citizens and come to visit
temporarily in Ukraine may preach religious doctrines,
administer religious ordinances, or practice other canonic
activities only in those religious organizations which invited
them to Ukraine and with official approval of the governmental
body that has registered the statutes (and) the articles of the
pertinent religious organization." This amendment could be
used to restrict the activities of non-native Ukrainian
religious organizations.
Some government officials, citing a desire to preserve
Ukrainian culture, have stated that restrictions on the
activities of non-native religious organizations would be
appropriate.
Religious education classes are permitted in public schools as
an extracurricular activity. The Greek Catholic and Orthodox
churches have seminaries. Jewish religious schools (yeshivas)
operate in Kiev, L'viv, Odesa, Kharkiv, Uman, and Vinnytsia.
Jews in Ukraine have expanded opportunities to pursue their
religious and cultural activities, but anti-Semitic incidents
continue to occur. In September a Jewish leader's home was set
on fire, and another leader received anonymous death threats.
Jewish cemeteries in Cherkasy oblast were desecrated by
construction authorized by local authorities that resulted in
remains being unearthed. The authorities responded to protests
by halting the construction. In addition, several synagogues
were restored to Jewish communities, and approvals were given
for the construction of new ones.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Ukraine continues to require its citizens to register with a
local Visas and Registration Office (OVIR), a Soviet-era
relic. In 1993 Ukraine dropped its requirement for exit visas,
and all citizens are eligible for passports that permit free
travel abroad. Passports issued before independence must be
submitted for certification of citizenship status.
Ukraine assures the right of return for all those it considers
its citizens. Persons born in Ukraine and living in Ukraine at
the time of independence are considered citizens. The right of
return is available to people of Ukrainian descent who left the
country prior to independence and did not assume other
citizenship. Dual citizenship is not permitted. In mid-1992
the Government issued a statement allowing all those born in
Ukraine to receive a document from any Ukrainian diplomatic
mission abroad that would serve as a travel document to Ukraine.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The peaceful, democratic transfer of power from an incumbent
government to an opposition party has yet to be tested. The
present Rada was elected under the Soviet system and during
Communist party domination. On September 24, the Rada, already
rendered ineffective by a continuing deadlock with the
Government, voted to hold early elections for a new president
and a new Rada. The parliamentary elections are scheduled for
March 27, 1994, and presidential elections are to be held on
June 26, 1994. However, a new law on elections has yet to be
adopted. The right to vote is granted to all adult citizens
regardless of nationality, religion, or sex.
In 1992 the Rada gave extraordinary powers to President
Kravchuk and temporarily (until May 1993) relinquished its
powers to the Prime Minister in a number of crucial economic
areas. The Rada recovered those powers from the Prime Minister
in May 1993 without a serious confrontation with the executive
branch.
President Kravchuk continues to dominate political life.
During 1992, at Kravchuk's request, the Rada passed a law on
"presidential representation" which gives the President
authority to appoint a representative to each oblast. The law
gave the representative broad powers over local government and
further concentrated political power in the executive branch.
In many cases, presidential representatives used these powers
to promote reform in oblasts and cities. In 1993, however, the
Rada, many of whose members were alarmed at the pace of reform
or at the growth of presidential authority, successfully
curtailed the powers of presidential representatives. The
effect was to slow economic reforms.
Deputies to the Rada, as well as the members of oblast
councils, were elected to 5-year terms in 1990, before
independence. Most of the deputies at both the national and
local levels are conservatives drawn from the Communist Party
nomenclatura. A number of reform-minded Communist deputies
formed new parties or joined forces with the opposition, and
the Rada is now divided about equally between the conservatives
and the opposition coalition of nationalists and
reform-oriented deputies.
The Rada continues to debate the provisions of a new
constitution, but there is no clear timetable for its
adoption. The division of power between the legislature and
the executive has yet to be determined. Many deputies have
criticized the draft for giving the President too much
authority. A coalition of democratic forces, including Rukh
and a political alliance, New Ukraine, spearheaded a campaign
to hold a popular referendum on the President and the Rada that
eventually led to the Rada's decision to call early
parliamentary and presidential elections.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government allowed local and international human rights
groups to operate freely. The Union of Councils for Soviet
Jews has an active office in Kiev, staffed with local human
rights monitors. The Government also welcomed visits by
foreign human rights organizations. The U.S. Commission on
Security and Cooperation in Europe was invited to observe the
independence referendum (later canceled) and presidential
elections.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Discrimination on the basis of race, sex, and other grounds is
prohibited in the Constitution.
Women
There are reports of violence against women, often involving
the high incidence of alcoholism, but no statistics are
available. Ukrainian labor law guarantees all work-related
rights to women as well as men. Although equal pay for equal
work is the law, women are seldom seen in high-level managerial
positions or in high political office. However, educational
opportunities for women are improving, and more women are
entering the legal, medical, and journalism professions. Women
may be the chief victims of unemployment caused by the economic
crisis. Some estimates indicate that women account for 90
percent of the unemployed. There is poor understanding of the
meaning of discrimination against women and no widespread
women's rights activity.
There is a lack of awareness of spouse abuse and other violence
against women as a women's rights issue. There are no separate
statistics on prosecutions for wife beating or on average
sentences. Some sources assert that the low incidence of
reported crimes against women is evidence that violence against
women is not a problem. However, other sources assert that
women may not report crimes against them because they perceive
the legal system to be ineffective and inhospitable.
Government officials have acknowledged that women are often
pressured by authorities to drop charges against their husbands
to preserve the family.
Children
Government officials assert that the Government is committed to
children's rights. Because of the deepening economic crisis,
the Government has taken few specific steps to further a
children's rights agenda. Much of the social welfare system is
dedicated to the support of children, including: supplemental
state payments to families with children, generous postpartum
paid leave benefits, numerous children's hospitals, and
universal free education at all levels.
National/Racial/Ethnic Minorities
Although a 1989 law promotes Ukrainian as the state language,
the November 1991 law on the rights of national minorities
allows individual citizens to use their respective national
languages in conducting personal business. Laws and decrees
are published in both Russian and Ukrainian. In areas where
there are large Russian minorities (Crimea and eastern
Ukraine), Russian is permitted as a language of official
correspondence alongside Ukrainian and is also the language of
instruction in schools. Russian is recognized as the official
language of Crimea. Elsewhere, the Russian minority complained
of language discrimination. There was no evidence of serious
Russian-Ukrainian ethnic tension except in Crimea, where the
Ukrainian minority complains of discrimination by the Russian
majority, and in some parts of western Ukraine, where local
Ukrainian nationalists discriminate against the minority
Russian population.
Some Russians (and Ukrainians) in Ukraine have complained about
the increased use of Ukrainian (the official state language) in
schools and in the media. The Russian-speaking people of
eastern Ukraine have claimed that their children are forced to
take Ukrainian-language tests, and their poor showings on these
tests negatively affect their scholastic careers. It is up to
the municipality, not the central Government, to determine the
language of instruction in the schools. The draft constitution
also guarantees local minorities the choice of language in
public and private life.
Polish, Hungarian, and other ethnic minorities have been
granted sites for schools and cultural organizations. While
there may be some isolated cases of discrimination against
ethnic Russians, the majority of Ukrainian citizens do not
appear to differentiate between Ukrainian and Russian
ethnicity.
The Ukrainian citizenship law confers the same legal status on
all citizens regardless of ethnic affiliation. However, it
does not recognize dual citizenship, unless specifically
guaranteed by a bilateral treaty. Russia and Ukraine, for
example, have no bilateral treaty on this subject, although
Russia has repeatedly urged Ukraine to discuss dual
citizenship. In 1991 the Rada amended the citizenship law to
remove notations in passports identifying citizens by ethnicity
and religion.
Religious Minorities
Jews are the second largest minority in Ukraine. Emigration to
the West and Israel has resulted in a decline in their
population. Despite government statements denouncing
anti-Semitism, manifestations of it continue, exemplified by
the growth of an ultranationalist extremist group in western
Ukraine which professes strong anti-Semitic sentiment. The
group applied for recognition as a political party, but the
Government refused to register it. Distribution of
anti-Semitic posters and literature appeared to increase during
the year.
People with Disabilities
By law, no discrimination based on disability is permitted;
however, persons with disabilities are rarely employed. In the
present economic crisis with high unemployment, there are no
effective governmental programs targeted at increasing
opportunities for the disabled. Public facilities are poorly
adapted for the disabled.
Section 6 Worker Rights
a. The Right of Association
Soviet law, or pertinent parts of the 1978 Ukrainian
Constitution, continue to regulate the activities of trade
unions. The law on citizens' organizations passed in 1992
guarantees noninterference by public authorities in the
activities of citizens' organizations and the right of these
organizations to establish and join federations, and to
affiliate with international organizations on a voluntary
basis. A new constitution and new law on trade unions are
being debated, which will affect the future status and
activities of trade unions. In principle, all workers and
civil servants (including members of the armed forces) are free
to form unions. In practice, the Government discourages
certain categories of workers (e.g., nuclear power plant
employees) from doing so.
A successor to the former official Soviet trade unions, the
official Ukrainian trade union, known as the Federation of
Trade Unions (FTU), has begun to work independently of the
Government and has been vocal in opposing draft legislation
that would restrict the right to strike. The FTU is considered
a partner with management in the running of state enterprises.
The Government provides this organization with office buildings
and resort properties. The FTU has no official or legal
relationship with the Socialist Party of Ukraine.
Many independent Ukrainian unions now provide an alternative to
the official unions in most sectors of the economy. Some, such
as the Independent Miners' Union of Ukraine (NPGU), emerged out
of the 1989 strike committees and were instrumental in creating
the independent miners' unions of the U.S.S.R. but broke away
when Ukraine became independent. Independent unions were
established in the Black Sea fleet, among the military officers
of Ukraine, and among the scientific workers of the academy of
sciences. In early 1992, the NPGU, pilots, civil air
dispatchers, locomotive engineers, and aviation ground crews
unions formed the Consultative Council of Free Trade Unions.
This entity acts independently of the FTU. In negotiating
wages, the Government has invited all unions, not just the FTU,
to participate.
The law on labor conflict resolution guarantees the right to
strike to all but members of the armed forces, civil and
security services, and employees of "continuing process plants"
(e.g., metallurgical factories). The law prohibits strikes
that "may infringe on the basic needs of the population" (e.g.,
rail and air transportation). Strikes based on political
demands are illegal. However, this did not stop miners and
transportation workers from making political as well as
economic demands during their September strike. The law
forbids penalizing union members who participate in strikes.
The Government has relied on the courts to deal with strikes
that it feels have violated the law. The courts, however, have
not always ruled in favor of government views.
There are no official restrictions on the right of unions to
affiliate with international trade union bodies; the NPGU is a
member of the International Miners' Union. The American
Federation of Labor-Congress of Industrial Organizations has a
permanent representative in Kiev who interacts freely with the
Consultative Council of Independent Trade Unions. Independent
unions have not been pressured to limit their contacts with
international nongovernmental organizations.
In October a leader of one of the independent labor
organizations alleged that the Security Service seized
documents relating to international activities and detained a
union official responsible for international affairs. While
the union official remains in custody, due to the lack of bail
in the Ukrainian system, this incident appears to be an
isolated case which may involve criminal activity. No similar
reports of harassment, before or after this incident, have been
noted.
b. The Right to Organize and Bargain Collectively
In accordance with the law on enterprises, joint worker-
management commissions should resolve issues concerning wages,
working conditions, and the rights and duties of management at
the enterprise level, a system that is not clearly defined.
Overlapping spheres of responsibility frequently impede the
collective bargaining process. Wages in each industrial sector
are established by government agreements with trade unions.
All unions are invited to participate in the negotiations. The
law on labor conflict resolution introduced another
bureaucracy, the National Mediation and Reconciliation Service,
to mitigate labor-management disputes that cannot be resolved
at the enterprise level. The President appoints the head of
this service.
Collective bargaining law prejudices the bargaining process
against the independent trade unions and favors the official
unions. The collective bargaining law provides for dues to be
taken from the pay of every worker in a collective and paid to
the official union. The social welfare benefits of workers
paid by an enterprise are administered for the enterprise by
the official union.
Most workers are never informed that they are not obligated to
join the official union, and joining an independent union can
be bureaucratically onerous. Three steps must be followed to
direct one's dues to an independent union. First, the worker
must submit a form to the official union stating that the
worker does not wish the official union to represent the
worker. Second, the worker must submit a form to the
independent union declaring the worker's desire to join the
independent union. Finally, a third form must be submitted to
the enterprise directing that payroll deductions be given to
the indpendent union. Independent unions are not given
resources to administer social welfare benefits. Enterprise
directors discourage departures from the offical union by
meeting with workers to discuss the benefits of official union
membership.
The collective bargaining law prohibits antiunion
discrimination. The courts resolve disputes under that law.
There have been cases in which such disputes have not been
resolved in a fair and equitable manner.
There are no export processing zones in Ukraine.
c. Prohibition of Forced or Compulsory Labor
The Constitution forbids compulsory labor, and it is not known
to exist.
d. Minimum Age for Employment of Children
The minimum employment age is 17. However, in certain
nonhazardous industries, enterprises can negotiate with the
Government to hire employees between 15 and 17 years of age.
Education is compulsory up to age 15. The Ministry of
Education vigorously enforces the law on education.
e. Acceptable Conditions of Work
In 1992 the Government established a countrywide minimum wage.
Prior to the onset of high inflation, the minimum wage and
numerous other mandatory subsidies provided a decent income for
a family. However, monthly inflation rose dramatically during
1993, beginning at about 40 percent in January, according to
unofficial estimates, and reaching about 70 percent in
December. This hyperinflation has seriously eroded incomes,
and over half the population of Ukraine now lives below the
poverty level, with further declines expected. In theory, the
current law on wages, pensions, and social security provides
for mechanisms to index the minimum wage to inflation.
The Labor Code provides for a maximum 41-hour workweek and at
least 15 workdays of paid vacation per year. Ukrainian labor
law provides for at least one 24-hour rest period per week.
Economic stagnation in some industries (e.g., defense) have
significantly reduced the workweek for some categories of
workers. Gross undercompensation for overtime work in some
sectors (e.g., railroad workers) has resulted in strikes.
The Constitution and other laws contain occupational safety and
health standards, but these are frequently ignored in
practice. Lax safety conditions were the principal causes of
two serious mine accidents that occurred in the summer of 1992,
resulting in dozens of casualties. In theory, workers have the
legal right to remove themselves from dangerous work situations
without jeopardizing continued employment. In reality,
however, labor experts say that continued employment would be
in question. The Labor Ministry is currently rewriting the
mine safety law. The NPGU is demanding that the Government
improve worker safety in the mines.
[end of document]
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