VI. RECOMMENDATIONS

The Ukrainian government has taken insufficient measures to implement laws banning censorship, protecting journalists, and guaranteeing freedom of expression, despite many requests and proposals by the international community for Ukraine to do so. In light of these circumstances, Human Rights Watch submits the following recommendations:

To the Ukrainian Government

· End the distribution of temniki or any other form of coercive written or verbal instructions from the Presidential Administration to all media;
· Ensure that censorship by government authorities or private individuals in any form does not continue by enforcing existing laws and obligations that prohibit censorship;
· Ensure compliance with the obligations related to freedom of expression under the European Convention on Human Rights and the International Covenant on Civil and Political Rights;
· Conduct prompt and thorough investigations of government officials and others implicated in censorship or other abuses against members of the media and hold accountable those responsible;
· Consider introducing legislation to guarantee a realistic minimum wage for journalists and a regulatory framework to guarantee legal recourse for journalists facing retaliation in the form of salary cuts, demotion, and firing;
· Consider undertaking a review of current defamation law and practice with a view towards reform that fully protects the media and preserves its diversity. Such a review should consider measures such as creating a reasonable maximum sum on defamation awards and allowing journalists greater leeway in expressing critical views or making errors in accuracy when reporting on persons and matters that are of public interest, such as the performance of public officials;
· Consider amending Article 5 of the Law on the National Council on Television and Radio Broadcasting to ensure transparent appointments and dismissals, the use of objective criteria for licensing decisions, and the unqualified independence of the council;
· Widely publicize the report by the Council of Europe on the state of freedom of expression in Ukraine, referred to in Committee of Ministers decision CM/Del/Act(2002)820 of January 22, 2003, and promptly and effectively implement the recommendations contained therein;
· Extend an invitation to the United Nations Human Rights Commission Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression for a mission to Ukraine to examine media freedoms and assist the Special Rapporteur in discharging his mandate during the mission.

To the Council of Europe

· Vigorously address through all available means and mechanisms the failures of the Ukrainian government to implement the recommendations regarding media freedoms since the Committee of Ministers Recommendation 1497 (2001) on freedom of expression and the functioning of parliamentary democracy in Ukraine. Mechanisms available for consideration include the Parliamentary Assembly's monitoring procedure on the honoring of obligations and commitments by member states as well as mechanisms under the Committee of Ministers and the Secretary General's office;
· Increase pressure on the Ukrainian government to remedy violations of media freedoms through all available Council of Europe mechanisms;
· Continue to assist the Ukrainian authorities with initiatives outlined in the "Action Plan for the Media in Ukraine" and undertaken in 2001-2002. The Secretariat designed the Action Plan to assist the Ukrainian authorities in establishing a regulatory framework for the media and to promote free, independent, and pluralistic media. Recognizing the Action Plan and its programs as important and beneficial, the Council of Europe should:

o Extend the Action Plan beyond the end of 2002 and expand the plan to include programs that address the recommendations set out in the December 2002 Parliamentary Assembly Report on Freedom of Expression in the Media in Europe;
o Evaluate the impacts of the programs and initiatives undertaken in the context of the Action Plan during 2001-2002;
o Increase assistance to the Ukrainian authorities on the drafting and effective implementation of legislation to eliminate informal political censorship;
o Increase assistance to the Ukrainian authorities on the drafting and effective implementation of legislation to protect media outlets, editors, and journalists from physical, economic, and legal harassment and retaliation.

To the Organization for Security and Cooperation in Europe (OSCE)

· The OSCE Representative on Freedom of the Media should follow up and ensure adequate implementation of the recommendations to Ukraine included in his report on Ukraine in 2000;
· The OSCE Project Coordinator in Ukraine should continue promoting seminars on issues related to media freedoms and to engage the Ukrainian authorities in a structured dialogue to remedy continuing abuses related to freedom of expression.

To the European Union (E.U.)

· Condition deepening of E.U.-Ukraine relations in the context of the Partnership and Cooperation Agreement on measurable progress by Ukraine in guaranteeing freedom of expression. The E.U. should insist on sustained and effective measures to prevent and punish censorship, to eliminate arbitrary administrative and legal actions against television stations and other media outlets, and to end harassment of and violence against journalists.

To the United Nations (U.N.)

· Address Ukraine's failure to implement the recommendations related to media freedoms issued by the U.N. Human Rights Committee in 2001 in response to Ukraine's fifth periodic report;
· The U.N. Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression should request an invitation from the Ukrainian government to conduct a first mission to Ukraine to examine media freedoms.

To the North Atlantic Treaty Organization (NATO)

· Emphasize respect for freedom of expression as a central component of the political reforms required by Ukraine in pursuit of its goal of greater Euro-Atlantic integration under the NATO-Ukraine Action Plan.

To International Financial Institutions

· The World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development should make respect for media freedoms an element of their country assistance strategies. Support for a free and independent media should also become an integral part of efforts to eliminate corruption in Ukraine.