Ukrainian President Viktor Yushchenko, notorious for being hesitant and several steps behind his opponents, surprised us all this week in what was arguably the most difficult and risky move of his history-making political career. On April 2, he ousted the parliament backed by the hostile governing coalition of Prime Minister Viktor Yanukovych.
For the first time in many months, Ukraine’s embattled president has made the right decision. Faced with the very realistic prospect that his pro-democracy and Western integration agenda would not be preserved, betrayed by lawmakers defecting from his Our Ukraine faction and restrained by confusing amendments to the country’s Constitution that kicked in after he took office, Yushchenko had little choice but to “stretch” his constitutional authority in the faces of his power-hungry political opponents.
True, the situation in Ukraine’s fast-moving and smokescreen-filled political arena remains volatile. The presidential decree dismissing lawmakers could be reversed by a Constitutional Court ruling, but we doubt it, and hope the long-besieged president stays tough and on course.
Recent events at the court only show the wisdom of Yushchenko’s decision.
Designed by the authors of Ukraine’s Constitution to play referee between rivaling branches of government, the Constitutional Court has failed to rule on anything in eight months. Had it ruled on the string of appeals by Yushchenko and Yanukovych to clarify their authorities, the long-running battle between the two men might have abated.
But the court is itself paralyzed, divided along the lines of the parties that nominated its justices.
Yushchenko was right in declaring a constitutional breakdown in the country.
Moreover, despite its lack of resolve, the presidency has arguably been the only branch of government functioning in the interests of the nation.
When all goes bad, and those at the top can’t make peace, let the people decide.
It was troubling to watch Yushchenko not act for eight months as Yanukovych’s coalition in parliament violated constitutional norms, squeezing deputies out of the opposition to increase its grip on power. Disbanding parliament earlier on, when grounds were clearer, might have been better for the president.
Looking back, however, the dissolution of parliament has set an important precedent for this young democracy. Yushchenko repeatedly called for a fair compromise, insisting that he had to give Yanukovych’s team a chance to change.
If all goes well, and Ukraine holds early elections, the president’s position will be viewed as a milestone in democracy, and possibly a lesson to power-hungry politicians indifferent to national interests.
The first politicians who should be doing some thinking now are the wealthy and influential ones who choose friendly relations with Moscow to secure lower natural gas prices for their factories in the near-term. It’s a dangerous trade-off, which we believe has fueled corruption at the top.
Looking ahead, there are two important issues. The main risk for Ukraine now – with or without elections – comes from its mangled Constitution. Ukraine’s Constitution has been dysfunctional ever since Yushchenko agreed to the political compromise that ended the country’s Orange Revolution. That deal, of course, shifted presidential power to the parliament. It also left the country with a gaping hole in its main charter for rule of law, and a serious lack of clarity regarding which office is responsible for what.
It’s the lack of clear rules that has brought on the current constitutional crisis.
The void created by the ill-written constitutional amendments has left ample room for Yanukovych to snatch up presidential powers with impunity.
He got away with it for eight months. But luckily, the president has said enough.
The current predicament is largely Yushchenko’s doing – he caved in to pressure back during the Orange Revolution, despite the backing of millions on the street. We hope this time that the president can muster the courage to correct this error, using the bully pulpit, presidential authority or slick, maneuvering.
The Constitution needs to be fixed or another crisis will erupt.
Hopefully repeat elections will bring in more truly concerned legislators. At any rate, it’s up to Ukrainians to decide!
If they choose well, Yushchenko, the champion of compromise, will garner enough support to patch up Ukraine’s troubled Constitution. If not, the country is destined to drift down a rocky road.
