In 2016, under pressure from anticorruption organizations, Ukraine’s parliament passed the “On Prevention of Corruption” law, which required high-level government officials and other civil servants to disclose their income and assets in a public online database. A year later, however, the parliament—in what seems to have been an act of retaliation—adopted an amendment to that law, and required all individuals who “carry out activities related to the prevention and counteraction of corruption” to also declare their assets by April 1, 2018, or face potential penalties (including fines or imprisonment of up to two years). The amendment, in other words, imposes on anticorruption advocates the same financial disclosure requirements that many of these advocates had insisted on imposing on Ukrainian public officials.
Imposing this disclosure requirement on anticorruption advocates was rationalized as promoting transparency, since foreign money often supports anti-graft work in Ukraine. Some have claimed that anticorruption activists are themselves corrupt and work with anticorruption organizations to enrich themselves. More generally, the amendment seems to be motivated by an impulse toward retaliation (or a version of fairness): The message seems to be, “If you people think these requirements are appropriate for us, then you should be willing to put up with them too.”
But anticorruption workers do not hold public office and are not supported by taxpayer money, and there is no good reason to subject them to the same demanding disclosure standards that are entirely appropriate for public servants. This obvious distinction is further reason to believe that this amendment is yet another measure in line with previous government efforts to discredit anticorruption activists. Imposing the disclosure requirement has been roundly criticized both domestically and internationally, with activist organizations also arguing that the amendment violates Ukraine’s Constitution (particularly rights to freedom of speech, association, and employment). Even Ukrainian President Petro Poroshenko has called the bill a “mistake,” and in July 2017 he submitted to parliament two draft laws that eliminate the asset disclosure obligation for individual anticorruption activists—but place even more stringent reporting requirements on anticorruption organizations. These draft laws drew further criticism, and as the April 1, 2018 asset disclosure deadline approached and passed, Ukraine’s parliament has refused to consider any changes to the law.
Leaving in place the requirement that those who help fight corruption must make the same kind of public asset disclosures as government officials will sabotage and chill anticorruption work. It is vital that domestic activists and the international community keep up the pressure on Ukraine to eliminate this requirement altogether, and to do so soon in order to remove the cloud of uncertainty that has fallen over all anticorruption advocacy since the April 1 deadline passed. The disclosure requirement as it stands threatens to undermine the fight against corruption in Ukraine in at least three ways: Continue reading