On Ukraine’s Day of the Defender, I was in Zaporizhzhia, the historic Cossack stronghold, where I watched dozens of officer cadets swear an oath, including to “sacrificial service.” In the lunch that followed that ceremony, I, along with my G7 colleagues, spoke freely with President Volodymyr Zelensky about the vital next steps needed to continue the precarious process of reforming Ukraine’s judiciary.
Reflecting on that conversation, and on the many others I have had with people from across Ukraine’s justice system, it struck me during Oct. 14’s holiday events that judicial reform is itself in need of some sacrificial service. Let me explain.
This week, Ukraine needs three good judges to volunteer to represent the judiciary on a new Ethics Commission that, like a dialysis machine, will help cleanse Ukraine’s judicial body of its toxic elements. The significance of this step — and each step that has been, and will be, taken on the judicial reform journey— cannot be overstated. The laws signed by Zelensky in August create for Ukraine an unprecedented possibility. That is why Ukraine’s closest friends and partners, like Canada, have made advocating for and supporting judicial reform a priority: we too see this historic possibility for your country!
But at the crux of turning that possibility into reality are…..people. Judicial reform will only work if each person in the system exercises his and her responsibility, and does so with a sincere commitment to constructiveness and the common good.
The president has done so, championing reform even when the right decisions mean taking a more difficult path.
The Verkhovna Rada members who voted for the draft law did their part, passing legislation that, if implemented, will bring about historic change. Ukraine’s international partners have supported this process financially, technically, morally and diplomatically. Investors have made clear that the current judicial system is costing Ukraine dearly, because foreign firms are afraid to invest. And of course, the Ukrainian people set this agenda on its course when they rose up on the Maidan to demand dignity — the most essential component of which is justice.
This week in particular, judges too must play their part. First, a few brave individuals need to apply to serve on the Ethics Commission for vetting candidates to the High Council of Justice — the governance body for the judicial branch of government in this democracy. Second, the collective Council of Judges must quickly meet to vote their three representatives from that list of applicants.
I understand that to date, there are very few if any candidates applying. Why? I have heard that they are unsure of how the Ethics Commission will function so don’t want to take the risk; or that they feel disrespected by the voting structure set out in the law that will give international experts a decisive vote; or that judges protect each other so no one will volunteer for a job that requires judging the integrity of their colleagues. Any of these reasons may be true. Some may even be persuasive.
I have also heard the generalized accusation that judges are anti-reform and will obstruct implementation to protect their vested interests. I have heard Ukrainian judges vilified en masse. And I have seen unconstructive commentary from some elements of the system about how unconstructive all the other elements of the system are. But I know that not all judges in Ukraine are anti-reform, obstructionist, or beyond caring. There are certainly professional and honest judges who could ably serve on an ethics commission — and lawmakers assumed as much when they established the commission in the legislation. But some of those judges may be holding back from volunteering because they fear that the role, rather than earning them recognition for an important contribution to this national project, will leave them professionally marked for life.
In the last 30 years, Canada has steadfastly supported justice sector reforms in Ukraine. Canadian judges, police officers, prosecutors, lawyers and legislators have worked with their Ukrainian counterparts in the struggle to build a just society. Canada invested in the reform of the Supreme Court and the establishment of the High Anti-Corruption Court. A Canadian is slated to be one of the three international experts on the Selection Commission for the High Qualification Commission of Judges. And we are now making decisions about how to further support this vital reform process through our international assistance programming.
I present all this as evidence that Canada is committed to Ukraine’s state-building project. Our role today, as a partner and friend, is to try to remind three good judges, as well as the Congress of Judges as a whole and any other stakeholder that cares to listen, that this critical moment requires their best. Because this week the country needs to take the crucial next step in the fulfillment of Ukraine’s promise to itself. This step will secure all the progress that has been achieved to date, and make further progress a reality.
Three good judges are needed for some sacrificial service. Application deadline: Thursday, Oct. 21
Larisa Galadza is the ambassador of Canada to Ukraine.
