Ukraine parliament approves severe restrictions on protest

Ukraine’s parliament adopted on Jan. 16 a law that severely restricts the ability to protest, including the freedom to assembly, speak and publish. The bill was sponsored by Party of Regions National Deputies Vadym Kolesnichenko and Volodymyr Oliynyk and supported by 239 MPs (out of the required minimum of 226) by means of raised hands instead of the usual electronic voting, and without any discussion. President Viktor Yanukovych has already signed the legislation, reported the zn.ua news site, citing anonymous sources.

In regards to the EuroMaidan protesters, the law deprives motorists of driver licenses for up to two years for the crime of participating in a motorcade of more than five cars without special permit from police. This provision is meant to address the so-called AutoMaidans, a protest form that involves mass driving to the residences of Ukraine’s power brokers, where protests were held and property was damaged. The law provides for up to 10 days’ arrest for participating in unauthorized meetings near any private property (this also applies to the AutoMaidan protests); up to six years’ imprisonment for “blocking access to residences;” up to 15 days’ arrest for visiting mass protests in helmets (most of EuroMaidan attendees have helmets to avoid injuries from the police); up to 15 days’ arrest for installing tents in public places (also widespread on the EuroMaidan); and up to 15 days’ arrest for providing technical assistance or living premises for protesters. The law also introduces stricter punishment for other methods used by EuroMaidan protesters such as the occupation of state buildings and participation in protests that are not approved by authorities.

Regarding freedom of speech in Ukraine, the law introduced: 1) a Soviet notion of calumny, in which a public statement deemed to be untrue about someone could result in up to two years’ imprisonment; 2) the ability of the state to restrict access to the Internet; 3) the requirement for any “information agency” to get official registration; 4) punishment for “extremist activity,” defined as spreading materials calling to overthrow the government or merely “interfere” with the activity of state or regional authorities, punishable by a three-year sentence; 4) collecting and spreading “confidential information” about police officers, judges or their family members, punishable by imprisonment of up to 3 years.

Parliament approved several other controversial bills on Jan. 16, including the 2014 budget, restrictions on non-governmental organizations and the ability to reach criminal convictions in the absence of a defendant. Several opposition MPs were beaten amidst the session’s chaos.

Zenon Zawada: Legislation restricting freedom can work in places like Russia and Belarus, where there’s a majority consensus for authoritarian rule. Yanukovych and the Party of Regions are convinced they can apply the same rule to Ukraine, however the central and western regions of Ukraine have demonstrated they won’t accept authoritarianism. Unfortunately, the government is favoring force over compromise with the opposition, which has the ability to resist. Though the government has the advantage of the state enforcement mechanisms, the opposition has the advantage of public support, particularly in the capital.

An attempt to liquidate the EuroMaidan in central Kyiv is inevitable with these laws, which foretells a bloody affair. Yet the conflict will not end if the barricades are removed. New ones will simply re-emerge in different places and different forms. Unfortunately, we don’t see any end to this conflict that is sharpening with each passing week. International intervention is likely, whether months or years down the current path.