Free with Registration: Considering Registration Requirements for Religious Organizations in Ukraine in Context of Ukraine s Quest for EU Integration

AuthorTyson A. Wray
PositionJ.D. anticipated May 2006, The University of Iowa College of Law. B.A., University of Utah, May 2003.
Pages816-842

Page 816

    The author wishes to thank Professors John Reitz and Randall Bezanson for their insights, encouragement, and influence, and the Transnational Law & Contemporary Problems staff for their assistance, suggestions, and patience.
I Introduction

With the recent expansions of the European Union (EU) eastward, the new Eastern and Central European Member States have initiated campaigns to strengthen EU ties with Ukraine.1 Moreover, some are advocating for Ukraine's progression toward EU membership candidacy.2

Ukraine's western-border neighbor, Poland, is perhaps its most persistent and vocal supporter to this end.3 Like Poland, neighbors near and around Ukraine's western border are very cognizant of the geopolitical and economic advantages that attend Ukraine's westward integration.4 For these nations, as well as for Russia,5 Ukraine's Page 817 orientation is crucial given its geographical fate as an economic and political security buffer between Europe and Russia.6

The geopolitical tug-of-war over Ukraine's loyalty adds an influential dynamic to Ukraine's obstacle-riddled potential for EU accession.7 With "pro-Western" candidate Viktor Yushchenko's victorious emergence from the 2004 presidential election crisis,8 Ukraine's quest for EU membership9 gained renewed focus. Yushchenko immediately staged an aggressive campaign advocating for Ukraine's entrance onto the EU accession track.10 Under current leadership, Ukraine's integration into Europe is accelerating.11 On Ukraine's most pressing economic,12political, and social13 issues, the directions taken by the Yushchenko Administration will be vital to Ukraine's success in securing candidacy for EU membership.14 EU officials have emphasized that Ukraine must Page 818 commence real and lasting reforms before candidacy bids can be genuinely considered.15 Accordingly, a scrutinizing review of the compatibility of Ukrainian law with EU law is now as appropriate as ever.16

Among the important areas where Ukraine must initiate serious reforms is that of human rights.17 A human rights record showing reform and progress is integral to Ukraine's consideration by the European Union for membership candidacy.18 Collectively, the leaders of various EU institutions have consistently made this clear.19 Regardless of suspicious intentions potentially attributable to some EU Members' referencing of Ukraine's human rights deficiencies, Members or officials desiring to bar former-Soviet nations from the EU have statutory and constitutional bases20 for opposing Ukraine's accession. Ukraine must promptly focus on tackling these issues in order to overcome presumptions of incompatibility.21

A Freedom of Religion and Conscience

Freedom of religion and conscience is one area giving cause for Europe's trepidation concerning Ukraine's commitment to human rights.22 While the former Soviet Republic has already codified23 and Page 819 constitutionally established24 guarantees of religious freedom, their actual construction, extension, and limitations in practice deserve further review. Ukraine professes allegiance to liberal Western principles of religious freedom;25 yet existing registration laws for religious organizations are restrictive and often applied inconsistently, if not discriminatorily and could stand as an obstacle on Ukraine's path to EU integration and membership.26

II EU Development and Expansion
A The EU's Growing Emphasis on Human Rights

While economic issues have dominated the EU agenda,27 human rights issues have become increasingly important.28 The European Union is moving toward greater integration in areas beyond economics, as Page 820 evidenced by the recent ratification of a Constitution29 and the subject matter of recent resolutions.30

B European Union Expansion Eastward

The European Union has made great strides toward the inclusion of Eastern Europe. In 2003, ten Central and Eastern European nations successfully joined the EU, several of which were from the former Soviet bloc: Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia.31 This historic enlargement is significant for many reasons, not the least of which is the fact that the EU is making good on its codified promise that "any European State which respects the principles set out in Article 6(1) [democracy, liberty, human rights (fundamental freedoms), and rule of law] may apply to become a member of the Union."32 Eastern European nations that seek consideration must meet the required "criteria for starting accession talks"33 known as the Copenhagen Criteria,34 which include the "stability of institutions guaranteeing . . . human rights and respect for and protection of minorities."35

Currently, four countries are official candidates for EU membership: Bulgaria, Romania, Croatia, and Turkey.36 These candidates further Page 821 illustrate the EU's seriousness regarding eastward expansion. The official accession negotiations37 and individualized criteria between the EU and the aforementioned candidates also clearly illustrate that a candidate's commitment to human rights is a real issue to be addressed on the path to accession.38 This will be discussed below in further detail.

Poland is perhaps Ukraine's most important ally among the newest EU members.39 With its accession, Poland has become Ukraine's closest inside connection and such internal advocacy is important for any nation aspiring to EU candidacy.40 Poland's open and vocal campaign for the EU's accelerated integration of Ukraine41 evidences that Poland has a very real interest in Ukraine's westward orientation.

C EU Position on Ukraine Integration

The European Union42 and Ukraine43 have both sent mixed messages regarding the speed at which Ukraine might move toward candidacy. Yet Page 822 there has been a consistent theme that Ukraine can ultimately move toward membership if it institutes the necessary reforms. This was illustrated most recently at the EU-Ukraine Summit, held on the seventh and eighth of July 2004.44 Discussions of Ukraine's "dismal human rights record" dominated the summit,45 with the EU refusing to discuss membership seriously until the Ukrainian government begins to address human rights related concerns and a growing lack of shared common values46 with Europe.

It is clear that Ukraine must begin taking concrete action in reforming its laws and practices dealing with human rights before it can expect meaningful discussions regarding accession. With EU complaints and resulting resolutions47 focusing on such concerns, the Ukrainian government must heed them and act if it hopes to begin genuine integration-regardless of whether it believes that economic uncertainties or other stability concerns are the real motives behind EU-member trepidations. European Union institutions, such as the European Parliament,48have enumerated several areas49 related to human rights where Ukraine must implement reforms and demonstrate progress. Recently articulated areas of concern include freedom of expression, freedom of the press, and "free and fair elections"-or the lack thereof.50 Simply put, human rights in Ukraine present a significant and contemporary area of concern for the European Union,51 and EU institutions determinedly continue to adopt measures to encourage meaningful human rights reform by Ukraine.52 Page 823

While the freedom of religion and conscience in Ukraine is still a crucial area of human rights in need of strengthening, it has garnered less international attention. This is likely due, in part, to heavy coverage directed at the Ukrainian government's alleged suppression and oppression of a free press,53 and the presidential election crisis, which was plagued by widespread allegations of polling fraud and conspiracy.54Fortunately for Ukrainian officials endorsing the initiation of reforms sufficient to satisfy the European Union, the pro-Western candidate, Victor Yushchenko, won the long-fought crisis over the presidency. After his victory, Yushchenko quickly reiterated, as noted above, Ukraine's desire to join the European Union as soon as possible. Whether he will be successful in his push, and whether he will continue to be pro-EU, remains to be seen. These issues, combined with the relative lack, or awareness, of direct or outright government-sponsored religious oppression, have likely pushed questions of religious freedom into the background.

Whatever the reason for diminished discourse on the subject, freedom of religion and conscience in Ukraine is a concern of real import, which deserves more discussion and analysis, legal and otherwise. Such analysis is important for several reasons. To begin with, Ukraine, as a former Soviet state which, before the October Revolution55 had a deep- rooted religious establishment and tradition dating back over a millennium, has a wholly unique fourteen-year history in religious...

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