UKRAINE: YOU TAKE THE LOW ROAD AND I'LL TAKE THE

C O N F I D E N T I A L SECTION 01 OF 03 KIEV 000553

SIPDIS

E.O. 12958: DECL: 02/03/2016
TAGS: PREL PGOV
SUBJECT: UKRAINE: YOU TAKE THE LOW ROAD AND I'LL TAKE THE
HIGH ROAD: YUSHCHENKO GOES TO THE RADA

REF: KIEV 317

Classified By: DCM Sheila Gwaltney, reason 1.4 (b,d)


1. (C) Summary: Circus-like farce impinged on serious
statecraft at the Verkhovna Rada (Ukrainian Parliament) the
morning of February 9. President Yushchenko delivered an
hour-long "State of the Nation" address to the Rada,
reviewing the accomplishments of the past year since his
inauguration and laying out his vision to take the country
forward. The speech generally echoed the positive,
Western-oriented principles expressed in his January 2005
inaugural address; there were multiple rounds of applause
interrupting the speech, though his proposal to launch a
post-election constitution commission to consider overhauling
the Constitution sparked audible grumbling. The Rada's level
of decorum hardly matched the occasion. Former (and first)
Ukrainian President Leonid Kravchuk, now an SPDU(o) MP,
strolled in 15 minutes into the speech; at least 150 MPs did
not bother to show up. Cell phones rang throughout the
second half of Yushchenko's presentation. Ten minutes before
Yushchenko concluded, Rada Speaker Lytvyn summoned one of his
deputy party leaders, Oleh Zarubinsky, to the rostrum ten
feet behind where Yushchenko was speaking, wrote out a note
with points, and gave finger-wagging verbal instructions for
the spin to be used in the hallway after the speech;
Zarubinsky largely panned what Yushchenko had said and
attacked Our Ukraine positions.


2. (C) Prior to Yushchenko's arrival, Communist and Our
Ukraine MPs had brawled in the well of the Rada after the
Communists attempted to adorn the podium with a politicized
red banner; Our Ukraine faction leader Mykola Martynenko
ended up with a bloodied nose. A previously routine annual
vote to approve the schedule of international military
exercises to be held in Ukraine failed to achieve the
required support after several factions politicized the vote
in pre-election posturing, led by one of the Rada's more
clownish members, Nestor Shufrych (SPDU(o)),whose insistence
on delivering an anti-NATO diatribe in Russian drew catcalls
from MPs. All in all, the behavior of the Rada MPs
contrasted sharply with the lofty principles in the "State of
the Nation" address and appeared to live up to Yushchenko's
reported characterization of them at a mid-January meeting of
the National Security and Defense Council (NSDC) as acting
like: "a bunch of schoolboys in short pants." End summary.

Round One: A Rumble in the Rada
--------------


3. (SBU) Preparations for the annual Presidential "State of
the Nation" address in the Rada got off to a rocky start
February 9 when Communist MPs attempted to adorn the podium
to be used by Yushchenko with a red banner proclaiming:
"where are your ten steps for the people?" -- a reference to
Yushchenko's ten-point Presidential campaign platform. When
Our Ukraine (OU) MPs moved in to remove the banner, vigorous
fisticuffs ensued, with Communist MP Oleksandr Bondarchuk
punching OU faction leader Mykola Martynenko in the face,
bloodying Martynenko's nose, as well as the Rada's already
low recent track record of civility.

Round Two: Pre-election posturing over military exercises
-------------- --------------


4. (SBU) With Yushchenko's arrival delayed by 30 minutes, the
Rada attempted to complete the first item on its regular
agenda: approval of the Presidential decree to allow foreign
troops onto Ukrainian territory to participate in bilateral
and multilateral exercises in 2006. Before a raucous crowd
of MPs carrying on loud private conversations without
consideration for the official proceedings, Defense Minister
Hrytsenko presented the benefits to the Ukrainian armed
forces, including a higher standard of professionalism and
readiness, as well as a total of 500,000 euros of support
from partner nations. Former Defense Minister (and current
MP) Kuzmuk, speaking for the National Security and Defense
Committee, fully endorsed the proposal and called for strong
Rada support.


5. (SBU) Sensing pre-election politics were likely to affect
the vote, Hrytsenko pointed out that the Rada had routinely
endorsed the annual plan when the PM had been from Party of
Regions (Yanukovych),the President's Chief of Staff from
SPDU(o) (Medvedchuk),and the Rada speaker a Socialist
(Moroz). To no avail. Leading Rada lightning rod Nestor
Shufrych launched into an anti-NATO tirade in Russian,
leading to catcalls from many MPs (Note: Shufrych and fellow
members of the SPDU(o) stopped speaking in Ukrainian in the
Rada when their "Ne Tak" (literaly "Not that Way," but a
mocking wordply on Yushchenko's 2004 Presidential campaign
slogan "Tak!") electoral bloc rolled out a pro-Russian
language, anti-NATO platform in January. End note). The
motion failed to secure the required 226 votes to pass, with
only 215 in favor, 11 against, and the rest not present or
not voting. Only two MPs from the Socialist party, a formal
member of the government which often votes against government
security and economic initiatives, voted; half of Lytvyn's
faction also did not vote. Shufrych ripped the microphone
away from presiding deputy Speaker Martinyuk as the latter
started to call for the standard follow-up vote about
reconsidering the motion later; after Martinyuk struggled
with Shufrych and successfully recovered the microphone, the
reconsideration vote proceeded, with the same 215-11 failed
result.


6. (C) Note: Dmytro Polishchuk of the Rada's National
Security and Defense Committee told us February 9 that while
training cannot start in the absence of Rada approval, the
Rada will revisit the measure in two weeks. Ministry of
Defense (MOD) contacts told us that they considered the vote
a temporary "business as usual" setback and expect the
measure to be re-introduced as often as necessary to gain
approval. MOD recommended exercise planners continue work on
all planned exercises; a planning conference for Exercise Sea
Breeze concluded in the Crimea February 9.

Round Three: Yushchenko's State of the Nation Assessment
-------------- --------------


7. (SBU) In reviewing the progress Ukraine had made in the
past year, Yushchenko began by thanking all those, in Ukraine
and abroad, who had helped Ukraine rejoin the global
community of democracies. Ukraine had inherited a corrupted
system but had been blessed with elections and renewed
freedom. Ukraine deserved a new model of power, a new
concept of governance based on dialogue with its citizens, a
sense of unity among all Ukrainians based on shared values,
societal trust, tolerance, a vibrant culture. Ukraine's
reform efforts were driven by a desire to be a European
country and the strategic aim to join the European Union,
while maintaining strategic partnerships with Russia and the
U.S.


8. (SBU) Appealing to Rada MPs to rise above personal and
party interests, he admonished them, to loud applause, not to
make promises in the morning and violate them at night, and
to avoid turning Ukrainians against each other during the
election campaign by manipulating issues involving religion,
nationality, or NATO. The task ahead of all Ukrainian
politicians was to resolve the conflict between the old
authoritarian system of governance with the new values and
expectations of Ukrainians. State authority needed to be
responsive to the needs of citizens, not an instrument of
those in power. The political decision making process needed
to be open and consultative. The security services needed to
act with the rights of the citizen in mind; the government
needed to institute a citizens' control board, improve the
justice system, increase transparency, and attack corruption.
Yushchenko then repeated the other government priorities
laid out in his speech on the first anniversary of his
inauguration (reftel).

Round Four: Proposal for Real Political Reform
-------------- -


9. (SBU) Three quarters of the way through the largely
predictable and nonconfrontational speech, Yushchenko threw a
left hook on the tense issue of political reform. He
initially reached out to Rada Speaker Lytvyn with a
compromise: the Rada should seat already nominated
Constitutional Court Judges, and he promised not to appeal
the December 8, 2004 package of constitutional reforms to the
Court prior to the March elections.


10. (SBU) After terming the reforms which went into effect
January 1 as merely "partial," Yushchenko proceeded to
propose "real, comprehensive political reform." Such real
reform would be accomplished by establishing a constitutional
commission comprised of political and party leaders, local
authorities, academic experts, and members of civil society
to develop a new Ukrainian constitution, conduct a nationwide
referendum on accepting/rejecting the new draft, and pass a
range of laws to develop constitutional norms. All would
ensure the efficient work of a new political model
appropriate for the new Ukraine, based on the principles of:
involving people in government decision-making, installing
transparency and accountability into government; balancing
powers and functions between branches of government;
delegating more authority and resources to local government;
fighting corruption; and improving the prestige of serving as
a civil servant.


11. (SBU) Amidst a groundswell of MP grumbling, a ringing
bell calling for order, and isolated cries of "Kuchma" from
the SPDU(o) MPs who only two years ago had been the avatars
of Kuchmaism, Yushchenko finished with quotes from Ukrainian
national bard Shevchenko ("When asked who was Ukrainian,
Shevchenko replied: 'Those who died here, those who live
here, and those who will be born here'") and Napoleon
("Politics is our destiny") in appealing to the Rada to
fulfill their duty, if not destiny, in working responsibly in
the national interest and building a better country for
future generations of Ukrainians.

Round Five: Post-Speech spinning (and Poor Manners)
-------------- --------------


12. (SBU) As could have been expected six weeks prior to
elections, parliamentarians of all parties sought out eager
journalists in the hallway of the Rada to offer their
partisan spin on Yushchenko's remarks, reinforcing campaign
ad themes. Zarubinsky (Lytvyn's Bloc) echoed Lytvyn's
campaign themes, panning Yushchenko's speech, ripping
partisanship between both "blue" and "orange" parties but
singling out Our Ukraine for most of the blame, including the
Rada's failure to seat constitutional court judges,
criticizing the Socialists for not voting for the
government's military exercise plan, and claiming the country
needed Lytvyn's middle force to tie the warring factions back
together again. Ne Tak!'s Shufrych continued his anti-NATO
diatribe in Russian, while his bloc and faction leader
Kravchuk critiqued a speech he had not heard in its entirety.
Socialist Leader Moroz dismissed Yushchenko's call for a
people's review of the Constitution, predicting the current
Constitution would still be in place ten years hence;
Socialist industrialist Boyko attacked Yushchenko's economic
policy.


13. (C) Comment: Less impressive than expected pre-election
posturing was the lack of decorum on the part of Rada MPs,
from the pre-speech brawl initiated by the Communists to the
constant ringing of cellphones (MPs, plus journalists and a
Russian diplomat seated in the observer gallery). Rada
deputies had reacted with outrage in mid-January after Lytvyn
reported Yushchenko had characterized them as "a bunch of
schoolboys in short pants" during an NSDC session in the
aftermath of the Rada's January 10 vote to dismiss the
Yekhanurov government. But their behavior February 9 before,
during, and after Yushchenko's "State of the Nation" address
did nothing to refute the charge.


14. (U) Visit Embassy Kiev's classified website at:
www.state.sgov.gov/p/eur/kiev.
HERBST