14) NEW ATTEMPT TO BAN COMMUNIST IDEAS IN UKRAINE

            Ukraine’s Minister of Justice, Pavel Petrenko, has declared a new attempt to prohibit communist ideology, in the form of draft legislation to the country’s Parliament.

            In a March 4 statement, the Communist Party of Ukraine (CPU) says, “Even not going into deep analysis of the draft, it's obvious that idea to prohibit Communist ideology and ban the activities of associations propagating Communist ideology is striking in its' unconstitutionality. This idea contradicts the basic constitutional principles, namely political and ideological pluralism (diversity), implemented through a multiparty system, freedom of political activity and diversity of ideologies as concepts, ideas and views on life that reflect the interests, ideals, attitudes of people...

            ‘The Constitution of Ukraine contains a number of regulatory requirements, ensuring the right of citizens to freedom of association in political parties and public organizations, to exercise and protect their rights and freedoms and to satisfy their political, economic, social, cultural and other interests, as well as defines restrictions on the foundation and activities of political parties and civil society organizations...

            “Para. 1, Art. 37 of the Constitution of Ukraine prohibits the formation and activities of political parties and public organizations, program goals or actions of which are aimed at eliminating of the independence of Ukraine, the constitutional order by force, violation of the sovereignty and territorial integrity, undermining its security, unlawfully seizing power, propaganda of war, violence, the incitement of ethnic, racial or religious hatred, infringement of human rights and freedoms and public health. Thus, it is a constitutionally established possibility to prohibit formation and activities of concrete political parties and public organizations, but not prohibition of a particular ideology as such. This position corresponds to the  Resolution of the Parliamentary Assembly of the Council of Europe "Need for international condemnation of crimes of totalitarian communist regimes" (January 2006), condemning only regimes, but not ideology, and moreover condemning not all communist regimes but only totalitarian.

            “In addition, according to the Minister this prohibition of ideology will entail a ban of all communist parties. But the Constitution of Ukraine provides that the prohibition of activities of associations could by made only by the courts. It's absolutely clear that after the failure in a court trial of the arbitrary banning of the Communist Party of Ukraine, the Ministry is trying to achieve this goal through the Parliament. It's not a secret that Ukrainian Rada (parliament) is composed of nationalists, radicals, oligarchs, neo-nazis etc. and predictably would vote for this draft law.

            “Given the unconstitutional and even ant-constitutional character of the draft law, and its' contradiction to generally accepted human rights principles, the Communist Party of Ukraine appeals to all progressive organizations, in particular to the leftist and working parties, to protest against unfounded and unlawful attempts to ban Communist ideology in Ukraine.”

(The above article is from the March 16-31, 2015 issue of People's Voice, Canada's leading socialist newspaper. Articles can be reprinted free if the source is credited. Subscription rates in Canada: $30/year, or $15 low income rate; for U.S. readers - $45 US per year; other overseas readers - $45 US or $50 CDN per year. Send to People's Voice, c/o PV Business Manager, 706 Clark Drive, Vancouver, BC, V5L 3J1.)