Kuchma's Failed Authoritarianism
by Lucan A. Way
in the section "Ukraine’s Orange Revolution"
Journal of Democracy, Volume 16, Number 2, April 2005
Most accounts of Ukraine’s Orange Revolution have focused on the truly
remarkable mass protests that followed the rigged second-round
presidential vote of 21 November 2004. But there is another side to the
Orange Revolution that has received much less attention. The eventual
victory of opposition candidate Viktor Yushchenko was also the product
of severe weaknesses in the old regime and its leader’s failure to keep
his own allies in line. It was fragmentation at the top that led first
to the decay of authoritarian state institutions and eventually to the
fall of President Leonid Kuchma.
Ukraine under Kuchma’s presidency was a model case of “competitive
authoritarianism”—a civilian nondemocratic regime with regularly held
elections that are competitive but extremely unfair. In such regimes,
democratic institutions exist and are regarded as the principal means
of obtaining and exercising political authority, but powerholders
violate those rules so often that the regime fails to meet minimal
democratic standards.
[1] Incumbents regularly harass opposition leaders,
censor the media, and attempt to falsify election results. Yet
elections are regularly held and remain competitive, and opposition
candidates can and sometimes do win.
[2]
Rarely has a regime been so competitive with a government as
undemocratic as Ukraine’s under Kuchma. The combination of highly
undemocratic practices and real political competition was first evident
in the treatment of the opposition during elections. In contrast to
fully authoritarian countries such as Belarus, opposition candidates
were neither jailed nor banned from running, but they faced extremely
brutal harassment. In the run-up to the 2004 presidential election,
there appear to have been at least two attempts on Yushchenko’s life;
most notably, he suffered dioxin poisoning that severely disfigured his
face shortly before the elections.
A similar combination of abuse and competition prevailed on election
day itself. In purely authoritarian regimes, overwhelming vote fraud
ensures that, whatever the real state of public opinion, the incumbent
will win. In competitive authoritarian regimes, by contrast, there is a
limit to the number and percentage of votes that the government can
steal outright. In the 2002 Ukrainian parliamentary election, for
example, Kuchma ensured that the regime would enjoy absolute support in
such closed electoral precincts as prisons, hospitals, and military
bases, but was still unable to stop an opposition coalition known as
“Our Ukraine” from winning more seats than any other party.
[3] In the
2004 presidential election, despite maximum efforts by the authorities
to manipulate the balloting, the vote theft is estimated to have been
no more than 10 percent.
Comparative authoritarian regimes are also distinctive in their
treatment of the media. In fully authoritarian regimes, the opposition
is almost completely excluded from all large-audience media outlets,
and criticism of the government appears only in small-circulation
newspapers and on the Internet. In competitive authoritarian regimes,
by contrast, opposition journalists face severe harassment but are
still sometimes able to escape repression and get their message across
through large-audience media. Beginning in the 1990s, Kuchma gradually
tightened control over media, but he was never able to completely shut
off criticism of his regime.
Despite the formal privatization of most electronic media in 1995–96,
the government retained informal control over almost all the major
television networks. The two major news networks, Inter and 1+1— which
represent roughly 50 percent of the viewer market—had by the late 1990s
come under the control of Oleksandr Zinchenko and Viktor Medvedchuk of
the progovernmental Social Democratic Party of Ukraine (United)
(SDPU[O]). Moreover, Kuchma’s son-in-law, Viktor Pinchuk, took control
of Novyi Kanal, ICTV, and STB, together representing another 15 to 25
percent of the news market.
As a result, during the later years of the Kuchma regime, direct
censorship over the content of news programs became more widespread,
thorough, and specific. In early 2002, the presidential administration
began distributing temniki (literally “subjects” or “themes”)—detailed
directives about how certain news items should be portrayed and which
events should be ignored. For example, temniki coverage of the
political opposition was supposed to emphasize in-fighting between
leaders and to portray them as supporters of extremist ethnic demands.
Certain individuals, such as opposition leader Yuliya Tymoshenko, were
supposed to be entirely ignored. The government also cut back on live
talk shows and restricted guest appearances to a narrow group of people
trusted by the administration.
[4]
At the same time, the opposition continued to have access to high
circulation newspapers such as the Socialist Party’s Silski Visti
(“Rural News”). Even more importantly, in the runup to the elections
the opposition controlled Channel 5, which accounted for 5 percent of
the news market in late 2004 and was available in many cities
throughout Ukraine. The opposition also dominated the Internet as a
political venue. In short, while the opposition was severely
disadvantaged relative to the government, it could not be silenced.
The combination of authoritarian practices and real competition also
prevailed in the relationship between the president and the parliament.
In many key areas, the president had significantly more power—de jure
as well as de facto—than did the parliament. Kuchma was able to appoint
the prime minister and all members of the cabinet as well as regional
and district representatives. But in contrast to legislatures in purely
authoritarian regimes, Ukraine’s parliament never became a puppet of
the president. It refused to pass many of Kuchma’s economic-reform
measures in the 1990s, and in 2000–2001, it successfully rebuffed
Kuchma’s efforts to further strengthen the presidency.
Throughout the post-Soviet era, the Ukrainian parliament has functioned
as a key staging ground for opposition activity by giving deputies
relatively easy access to media and immunity from prosecution.
According to the law, deputies can be prosecuted only if parliament
votes to lift their immunity—which has happened extremely rarely. While
such immunity attracted many corrupt businessmen to run for parliament,
it also created a safe haven for opposition leaders. Thus, while
parliament often had little power over government policy, it provided
deputies with legitimacy and a public stage to register dissent and to
instigate protest. In November 2000, Socialist Party leader Oleksandr
Moroz used the parliamentary venue to publicize accusations that Kuchma
had ordered the murder of opposition journalist Georgi Gongadze—an
event that generated the first major crisis in the Kuchma regime.
Bases of the Regime
In order to understand both the limitations on democracy and the
reasons why authoritarianism never became consolidated in Ukraine, we
need to examine the institutional and political bases of the Kuchma
regime. Competitive authoritarianism under Kuchma was built on two main
pillars: first, an extensive set of largely informal authoritarian
institutions and processes that served to harass oppositionists and to
falsify election results; and second, a coalition of oligarchic forces
in parliament and in the administration that organized support for
Kuchma, competing for his patronage.
Most academic studies of the process of democratic transition
concentrate extensively on formal laws and constitutions.
Unfortunately, such a focus often draws attention away from a regime’s
authoritarian features, which in the post–Cold War era are rarely
written down or made explicit. Western economic dominance and the
international legitimacy of democracy force many regimes to adopt
formally “democratic” constitutions while they rely extensively on
informal rules to remain authoritarian.
[5]
Kuchma’s brand of authoritarianism was sustained by a largely informal
set of institutions, inducements, and penalties used to discourage
opposition and stimulate vote fraud during elections. Public
institutions such as the tax administration, the police, schools, and
hospitals had—in addition to their formal tasks of collecting taxes,
preventing crime, and providing education and health services—a set of
informal functions associated with keeping the incumbent regime in
power. For example, tax policies and other laws were selectively
enforced, targeting businesses and individuals who supported the
opposition. As Yevhen Marchuk, former head of the Ukrainian Security
Service (SBU) said, “If [your business is] loyal to the authorities,
they will ignore or overlook anything. If you are disloyal, you or your
business will be quashed immediately.”
[6] Businesses that helped the
opposition were the frequent victims of harassment by tax authorities,
the prosecutor’s office, and other government agencies.
[7]
Creative Vote Theft
During election time, still other government institutions, such as
hospitals, schools, and military bases, became key instruments in the
regime’s vote-stealing efforts. Those in charge of such institutions
were expected to help mobilize votes and ensure high vote shares in
support of the incumbent regime. In the 2004 election, one-fourth of
Yanukovych’s local campaign representatives were heads of universities,
schools, or hospitals, and they mobilized “support” in often very
creative ways. For example, an observer in one hospital in the
southeastern city of Dnipropetrovsk reported that the head of the
hospital had claimed double the actual number of patients in the
hospital, and then mobilized Yanukovych supporters to vote on behalf of
the virtual patients.
Electoral falsification and intimidation under Kuchma were remarkably
extensive, thoroughly planned, and well organized. Recently released
recordings of remarks by Yanukovych campaign workers indicate that the
government made very specific plans to win by a margin of about 3
percent. This margin was large enough to appear solid and
convincing, but close enough for it to look as if the election had been
truly competitive. To fulfill this plan, the government created an
extensive, secret command-and-control structure. Districts and cities
were given norms for the share of the vote that needed to go to
Yanukovych, along with extraordinarily precise instructions on how and
where to steal votes.
In the city of Uman, the Ukrainian youth NGO Znayu! discovered a
government directive that listed the different types of
vote-manipulation techniques (ballot stuffing, bribery, and the like)
that were to be used in the November 21 second round of the 2004
presidential election, and which detailed the number of votes to be
added by each of these techniques at each polling station. In other
cases, parallel directives were issued to encourage voter intimidation.
In the southern province of Zaporizhzhia, for instance, many polling
places received a second instruction manual—its cover was a slightly
different shade of green than the internationally approved one—which
indicated that voters should sign the ballot itself, thus eliminating
the secret vote. Other election workers reported that they were told to
allow multiple voting by busloads of out-of-town visitors carrying
absentee ballots. Finally, in case these measures did not produce the
right results, the government had a backup plan, having already
prepared signed and stamped precinct reports before the election.
Kuchma established an extensive system of incentives and punishments to
make sure that election officials cooperated with the government
directives. He used the tax administration, the police, and other
government agencies to coerce businesspeople, politicians, and state
officials into backing the regime during elections. Keith Darden has
argued that Kuchma often encouraged corruption because information
about such activities could be used to blackmail those involved into
supporting the regime. Secret recordings of Kuchma, released in
2000–2001, reveal how he used blackmail to secure rural support in his
successful bid for reelection in 1999. In one of these recordings, he
tells the head of the tax administration:
It’s necessary for a tax worker to go to every collective-farm head in
every village and say: Dear friend, you understand clearly how much
material we have on you so that you could find yourself in jail
tomorrow . . . And there is probably more than enough material on every
collective-farm head. Yes or no? Probably yes. That’s why the police .
. . that is, the services . . . they all have to, that is, take to [the
task] and have a serious talk with every collective-farm head.
[8]
Others complied with government directives out of fear of losing their
jobs. After the first round of the 2004 election, 14 district-level
state officials were fired in areas where Yanukovych had done poorly.
[9]
Many election officials also received substantial side payments if they
complied with government directives. In the 2004 election, the head of
a polling precinct in Zaporizhzhia, which by most accounts was among
the less corrupt provinces, reported that polling-station workers were
paid extra sums depending on how high the vote was for Yanukovych, and
how many falsification techniques they used. In her precinct, she
wrote, every polling station received roughly US$5,000 in the
election’s first round. Other reports give higher estimates.
[10] It is
impossible to know precisely how widespread such bribery was, but if
just half of Ukraine’s 33,000 polling stations received that amount, it
would have equaled a government expenditure of more than US$80 million.
In case all these local falsification methods fell short, there was a
mechanism at the very top to “correct” the vote count. Final vote
tabulation was controlled from the presidential administration through
a computer system that “filtered” results from the localities through a
secret computer server before they reached the Central Election
Commission, the agency formally charged with tabulating final election
results.
[11]
The Power of the Oligarchs
The informal authoritarian institutions and processes discussed above
were complemented by a loose coalition of oligarchs—wealthy,
politically influential individuals—who organized political support for
the president. Oligarchic rule in Kuchma’s Ukraine reflected a
particular relationship between economic and political power, very
similar to the one in Russia under Boris Yeltsin and in Moldova under
Petru Lucinschi. Political leaders in most countries rely on the
support of business interests, but it is only in oligarchic systems
that the business-owners themselves hold legislative seats or other
official posts. These oligarchs often gained their wealth through
access to cheap privatization, state monopolies, or budgetary
resources, and many of them joined parliament primarily to obtain legal
immunity or to lobby for their own economic interests.
As in Russia, the number and wealth of oligarchs exploded in Ukraine in
the 1990s. In 2000, the state tax inspector reported that 386 of the
450 deputies in parliament were founders of 3,954 businesses,
controlling 25 percent of the country’s imports and 10 percent of its
exports. Some of them—head of the SDPU(O) Viktor Medvedchuk and
Fatherland Party leader Yuliya Tymoshenko (now the country’s prime
minister)—used government contacts to gain access to lucrative energy
resources. Many others have been accused of using government
connections to promote a wide range of businesses and industries.
Partly in exchange for access to state resources, oligarchs helped to
mobilize political support for Kuchma in the late 1990s and early
2000s, often drawing directly on their firms. Like Yeltsin, Kuchma
relied extensively on oligarch-controlled television networks and
newspapers. Television tycoon Viktor Medvedchuk of the SDPU(O) was the
driving force behind the distribution of the temniki that controlled
television news. Oligarchs in other industries also drew on their
workforces to support Kuchma. In the 2004 election, it was widely
reported that workers in car, pipe, steel, coal, and energy plants
owned by pro-regime oligarchs were mobilized to show up at
demonstrations, vote for Yanukovych, and in one somewhat strange
instance hold a “strike” to draw attention to the “danger” posed by
opposition activity.
[12] Such
mechanisms of political mobilization were especially important because
of the lack of strong political parties.
Instead of creating a single pro-presidential party, Kuchma, much like
Boris Yeltsin, relied on support from a variety of smaller parties, led
by often-competing oligarchs. Rather than affiliating with one single
group, he distributed political and economic resources to multiple and
competing factions, hoping thus to prevent any one of them from
becoming too strong and posing a challenge to his rule. As a result,
his support in parliament and within his own administration was rooted
solely in the short-term economic self-interests of a large and
confusing array of small factions and informal groupings. In early
2000, support for Kuchma in parliament was divided between Viktor
Medvedchuk’s SDPU(O), Yuliya Tymoshenko’s Fatherland Party, and the new
Party of Regions created by the head of the tax administration, Mykola
Azarov, and later taken over by Viktor Yanukovych. There was a
short-lived attempt before the 2002 parliamentary elections to create a
propresidential party called “For a United Ukraine,” apparently modeled
on Putin’s United Russia and headed by Kuchma’s former chief of staff
Volodymyr Lytvyn. But soon after the 2002 election, this group quickly
disintegrated into separate factions.
The System Cracks
For a time, the combination of authoritarian state structures and
oligarchic rule served to concentrate executive power. Yet this system
also contained the seeds of its own destruction. In stark contrast to
Communist Party apparatchiks or SBU officials, oligarchs provide a weak
support base: They do not take orders easily, are by nature incredibly
opportunistic, and have a weak sense of loyalty. In Ukraine, this
ultimately led them to turn against Kuchma at a moment when he seemed
vulnerable. The result was a fragmentation of the authoritarian state
structures, eventually causing a regime crisis during the 2004 election
and the end of Kuchma’s rule.
The oligarchic system created key opportunities for opposition forces
to emerge. First, capital flight, while bad for Ukrainian economic
development, was important in creating anti-incumbent sources of power.
Although the regime’s tax administration could harass opposition
businesses to the point of closure, it was unable to touch money that
had been sent abroad. Secret recordings from 2000 reveal Interior
Minister Yuri Kravchenko complaining to Kuchma that money sent abroad
“is extremely difficult [for the government] to grab.”
[13] Once the
oligarchs had accumulated enough funds abroad, they represented very
serious independent threats even if Kuchma shut down their businesses
in Ukraine.
Another source of political independence was the robust institution of
parliamentary immunity, which forbade criminal prosecution of
parliamentary deputies while they were in office. Such immunity
protected both criminals and opposition leaders. In the runup to the
2004 election, this meant that the leaders of the opposition
campaign—almost all of whom were parliamentary deputies, including
Yushchenko himself—did not have to fear imprisonment or interrogation
by the authorities.
The opposition also benefited from the oligarchs’ tendency to
distribute their resources widely among any and all groups that might
be influential. As a result, Yushchenko received secret contributions
from numerous business sources in 2002–2003, when he became widely
viewed as a favorite in the 2004 presidential elections. David Zhvania,
a key Yushchenko fundraiser, boasted in March 2004, “I don’t know of a
financial group in Ukraine, or even in Russia, which doesn’t want
Yushchenko to become president. Yushchenko has no problem with
money.”
[14] Even Rinat Akhmetov, the oligarch from Eastern Ukraine who
ultimately threw his support behind Yanukovych, reportedly contributed
to Yushchenko’s campaign in late 2003.
Finally, Kuchma’s distribution of resources among competing groups
increased the chances that these resources would fall into the “wrong”
hands. Secret recordings from 2000 reveal Viktor Yanukovych, then
governor of Donetsk, complaining to Kuchma that by giving budgetary
funds to then–prime minister Viktor Yushchenko, Kuchma was “giving
money to the enemy. . . . Understand? We are strengthening them!”
[15] It
would soon become obvious that Yanukovych’s concerns were well founded.
These opportunities for independent action embedded in the oligarchic
system allowed for key defections beginning in 2001, when Kuchma’s
former bodyguard Mykola Melnychenko released recordings which hinted
that the president had ordered the murder of opposition journalist
Georgi Gongadze, and revealed a startling degree of corruption and
abuse of power. The release of the tapes severely undermined Kuchma’s
reputation both at home and abroad. For the first time since he was
elected in 1994, he seemed vulnerable to overthrow. Simultaneously,
Yushchenko, whom Kuchma had appointed prime minister in late 1999,
emerged as Ukraine’s most popular politician. To Kuchma’s undoubted
dismay, a viable alternative to his rule emerged at precisely the same
moment that his own popularity was seriously undermined.
The Opposition Crystallizes
While Kuchma withstood initial calls for his resignation following the
release of the tapes, the crisis led to a gradual hemorrhaging of his
ruling coalition. With a few important exceptions, the leadership of
the pro-Yushchenko movement had all been closely tied to Kuchma—most
just a few years or even months prior to the November events.
[16]
Yushchenko himself once even claimed that Kuchma was like a “father to
him.”
[17] Yuliya Tymoshenko, the leader of the radical wing of the
pro-Yushchenko movement, led a pro-Kuchma parliamentary faction in
1998–2000. Petro Poroshenko, Yushchenko’s advisor and fundraiser and
the head of the only pro-Yushchenko television station, started his
political career in the progovernment SDPU(O) and was a founding member
of Yanukovych’s Party of Regions. The head of the Yushchenko campaign,
Oleksandr Zinchenko, was until early 2003 a leader of the SDPU(O) and
the head of the virulently pro-presidential Inter television station.
The survival of Kuchma’s regime was further threatened when numerous
members of the government and the regime’s majority faction in
parliament defected to the opposition in the months before the
election. In mid-September 2004, parliamentary speaker Volodymyr
Lytvyn, who had once headed the propresidential faction in parliament
and been considered one of Kuchma’s closest allies, publicly broke with
Kuchma, bringing about 40 other deputies with him. Under Lytvyn’s
leadership, the parliament subsequently became the first governmental
institution in Ukraine to back the demonstrators when, five days after
the start of the protests, it declared the second-round results invalid
and demanded that a repeat second round be held on December 26. It was
thus Kuchma’s erstwhile allies who gave the opposition its first base
within central institutions.
Tymoshenko, Poroshenko, and Zinchenko—sometimes referred to as the
temperament, purse, and brain of the Yushchenko movement—provided key
financial and organizational support that helped to channel the
enormous grassroots anger over the stolen elections, making the
revolution possible. As the opposition faced serious harassment from
authorities and virtual exclusion from most media, Poroshenko’s
stridently pro-Yushchenko Channel 5 played a particularly important
role during the demonstrations. Beginning in the early hours of
November 22, after it became clear that the government had stolen the
second round, Channel 5 became a key mobilizing tool for the
opposition, showing pictures of young people waving orange Yushchenko
banners, and calling on people to come to Independence Square to
“defend their constitutional rights.” Throughout the events, Channel 5
was broadcast on large television screens both around the square and
around the country.
In addition to organizational muscle, the defectors provided invaluable
financial resources. The opposition movement relied extensively on
contributions from domestic businesses. Roughly a third of the
Committee of National Salvation that managed the Yushchenko movement
during the Orange Revolution consisted of businesspeople. According to
sources within the opposition, the movement had raised at least US$100
million by mid-December 2004. While a recent account in the Nation has
suggested that the United States orchestrated the events in Ukraine by
financing civil society and other groups,
[18] it is clear that the
opposition had plenty of domestic sources of funding, and that it was
hardly dependent on money from abroad.
Domestic contributions helped to pay for both the election campaign and
the revolution itself. Throughout the country, such funds paid for
campaign offices, advertising, and equipment for rock-concert–style
rallies, as well as the ubiquitous orange-logo scarves and banners. On
election day, domestic funding covered the cost of transportation for
observers and of thousands of $300 video cameras to record violations
of the electoral law. During the revolution itself, these funds paid
for tents, camp kitchens, styrofoam flooring, heaters, food, and train
and bus fares for thousands of demonstrators.
What Went Wrong on Election Day?
Fragmentation at the top, together with strong regional differences
between eastern and western Ukraine, led to a partial breakdown of the
authoritarian state structures during and directly after the second
round of voting on November 21. The first failure occurred on election
day. Apparently, the government had expected that the elections would
generally be considered flawed—but also that there would be real
controversy among parts of the opposition and Western governments alike
as to whether the election had in fact been stolen. Such a scenario
would have significantly dampened the Western response as well as the
demonstrators’ motivation to take to the streets.
Most notably, there was a failure to deliver the vote in favor of
Yanukovych in parts of western Ukraine, which strongly backed
Yushchenko and tended to view Yanukovych’s campaign as part of an
effort by Russia to “colonize” Ukraine. In the western province of
Lviv, for example, police and tax authorities refused to distribute
absentee ballot certificates probably intended for use in multiple
voting. In some cases, local authorities may even have facilitated
minor fraud in favor of Yushchenko.
[19]
The breakdown of authoritarian structures was not limited to Yushchenko
strongholds, however. Election-day audio recordings suggest that
Yanukovych campaign officials were both surprised and concerned at the
results coming in from pro-Yanukovych provinces, such as Kharkiv in the
northeast.
[20] In some cases, it appeared that vote-stealing measures had
failed because of the conscientiousness of local officials. For
example, many officials, as I observed in Zaporizhzhia, ignored or
corrected mistakes in the voter rolls designed to disqualify likely
Yushchenko supporters from casting their ballots. As one poll worker
told me, “It makes no sense to exclude these people. I know who [they]
are. They are my neighbors.”
In other cases, the failure of some officials to assist in the vote
theft appears to have been rooted in a fear of the legal consequences
if they were caught. The law in Ukraine stipulates multiple-year prison
terms for certain types of electoral manipulation. One poll worker in
Zaporizhzhia explained that many of her colleagues had been too scared
to assist in the falsification efforts, because “even if you are paid
off . . . who wants to sit in prison so that some candidate can win?”
[21]
The result was that the incidence of electoral fraud, which can be
roughly measured by comparing the results of the very dirty November 21
contest with the relatively clean December 26 vote, was highly
sporadic. In the provinces of Zakarpattia, Sumy, and Kirovohrad,
significant vote theft is evident from the greater than 10
percentage-point difference in Yushchenko’s vote share, and in the case
of Donetsk, from the significant decrease in turnout. In most other
provinces, however, there seems to have been remarkably little
successful fraud on November 21.
[22] The failure or weakness of
falsification efforts in some provinces meant that Yushchenko received
overwhelming support in the western parts of the country, as well as a
fairly high share of votes in many densely populated eastern and
southern provinces—including 24 percent in Kharkiv and Zaporizhzhia.
The regime’s failure to steal as many votes as planned in most parts of
the country forced it to overplay its hand in places it did
control—most notably Yanukovych’s home province of Donetsk—thus making
the falsification obvious to the public and the outside world. On the
morning after the polls had closed, government officials increased the
official figure for countrywide turnout from 78.7 to 80.7 percent. In
order to beat Yushchenko by the planned 3 percent, the government had
to increase turnout in Donetsk alone to a patently implausible 96
percent, which was an 18 percentage-point increase from the first round.
By itself, Donetsk appears to have accounted for between one-quarter
and one-third of all votes stolen on behalf of Yanukovych. Observers
reported that many poll workers in that province engaged in open and
public ballot stuffing, not even attempting to conceal the fraud. Such
actions made the vote theft obvious to all but the most ardent
Yanukovych supporters. Undeniable evidence of overt fraud in Donetsk,
Kirovohrad, and other regions was essential in generating the virtually
unanimous and stinging international condemnation of the elections.
The Revolution
A breakdown of central control in the days after the November 21 stolen
vote undermined efforts to suppress demonstrations. On the morning
after, when demonstrators began to gather on Independence Square, many
assumed that the authorities would shut off access to Kyiv. The
government was clearly prepared for some kind of protest (although no
one expected the scale that eventually emerged). Even in the absence of
a stimulus created by a stolen election, the opposition had brought
over 50,000 onto the streets of Kyiv in an illegal demonstration in
early November. Kuchma had warned on television before the second round
that “Revolution will not be tolerated!” and police chief Mykola
Bilokon appeared on television to assure viewers that in Ukraine, in
contrast to Georgia, the police would defend “the constitutional
order.” In the province of Kirovohrad, where I observed the second
round, many polling stations had a letter from Bilokon posted at the
door, warning voters to refrain from “unconstitutional acts” after the
election.
Yet in the critical 48 hours after the second round, government efforts
to halt the march of mostly western Ukrainians into Kyiv were
stunningly ineffective. The command structure of the police in these
critical hours was very weak. As I witnessed driving from Kirovohrad to
Kyiv on the night of November 22, police in some provinces (Kirovohrad,
Zhitomir, Mykolaiv) actively hindered movement to Kyiv, while in other
provinces (Lviv, Ternopil, Cherkassy, Kyiv city) they did so only
sporadically or even, as in Lviv, assisted the protestors trying to get
to Kyiv. Opposition activists reported that parliamentary deputies were
able to use their status to intimidate policemen into taking down
roadblocks. By November 23, buses and cars carrying demonstrators were
able to move freely into the capital.
Equally important, the state railway appears to have played both sides,
facilitating the transport of regime supporters from eastern Ukraine to
engage in multiple voting, but also allowing the opposition’s bulk
purchases of train tickets to bring protesters to Kyiv. Minister of
Transportation Georgiy Kirpa paid dearly for this failure to hinder the
opposition—Yanukovych reportedly punched out two of Kirpa’s teeth. It
also appears that in some cases local officials assisted those trying
to get to Kyiv. Protestors from the western province of Ternopil told
me that some state-university deans and city-administration officials
helped to organize transportation to the capital.
A more concerted and coordinated government effort to block protestors
from coming into the capital would have significantly hampered the
demonstrations. Though the Ukrainian protestors were both angry and
enthusiastic, they were not as well organized as, for example, their
Serbian counterparts had been in October 2000. The protestors that
descended upon Belgrade in that year had brought weapons and bulldozers
to deal with any police resistance.
[23] By contrast, protestors in
Ukraine had no choice but to pull over when the police chose to wave
them down on the highway.
The most important breakdown of central authority occurred in the
capital itself. The mayor, the local police, the city administration,
and the vast majority of residents openly backed the protestors. The
city government allowed protestors to sleep on this first floor of the
administration building and provided key logistical assistance to the
demonstrations. As one organizer explained, “All the issues of food,
water, bio toilets, and cleaning were solved due to the fact that the
organizers of the demonstration closely cooperated with Kyiv city
administration. . . . Every morning ten to twelve dump trucks were
carrying garbage from Kyiv!”
[24]
Finally, Taras Kuzio has noted that, in the wake of the stolen second
round, large sections of the police, military, and intelligence
services began to break openly with the regime. On Channel 5 as well as
on the stage set up on Independence Square, many government-agency
leaders publicly expressed opposition to the regime. In the early days
of the demonstrations, the intelligence services provided the
opposition with taped phone conversations among Yanukovych staff,
revealing the candidate’s direct complicity in the falsification
efforts.
At the same time, many security officials began openly questioning the
legitimacy of the Kuchma government. Kuzio quotes a security guard at
the presidential-administration building: “I don’t know whether Kuchma
or Yushchenko is now president.”
[25] On November 28, Kuchma reportedly
resisted calls to use force against protestors. Yet by this point, such
a move would have been immensely risky. It is likely that many security
forces would have refused to follow orders to suppress the
demonstrations, and it is possible that such orders would have sparked
violent conflict between the different branches of government.
[26]
The unexpectedly massive demonstrations terrified many close Yanukovych
allies into abandoning ship. In the days after the demonstrations
began, two of Yanukovych’s main public representatives—his campaign
manager and his representative in parliament—distanced themselves from
the candidate. Simultaneously, large numbers of previously
pro-Yanukovych deputies from the various proregime factions in
parliament defected to the opposition. Nikolai Tomenko, a leader in the
Yushchenko camp, noted that most of these defectors were businesspeople
who did not want to be left on the losing side. By mid-December, it had
become clear to most that supporting Yanukovych was a bad career move.
Without such business (and government) support, many provincial
Yanukovych campaign headquarters had to move out of their large,
central offices into more modest headquarters. Only the sincere and
motivated activists remained. Nestor Shufrich, an ardent Yanukovych
supporter, commented, “The rats are swimming from one [side] to the
other.”
[27]
Businesses flocked to support Yushchenko in the repeat second round on
December 26. At one polling station that I visited in the southern
province of Mykolaiv, an auto-transport worker from Kyiv told me that
his boss had recruited him and forty of his coworkers to help represent
Yushchenko at polling stations around the country. At another polling
station in the same province, the head of an agricultural firm in
Ternopil reported that he had sent two busloads of his employees to act
as observers for Yushchenko. A wide range of businesses provided a
total of 6,000 observers in eastern Ukraine for the repeat second
round.
In sum, most accounts of the Orange Revolution have focused on the
truly surprising and historically momentous display of mass protest by
the idealistic youth who braved Kyiv’s ice-cold streets after the
stolen second round on November 21. Yet to fully understand Ukraine’s
revolution, one needs to look closely at the bases of Kuchma’s rule.
The collapse of Kuchma’s competitive authoritarian regime was rooted in
its inherent weakness and the resulting fragmentation of the top
echelons of power. Kuchma’s brand of oligarchic rule ended up spreading
its resources too widely among too many people whom the president could
not control. As a result, Kuchma was brought down at the hands of his
own former allies. Only time will tell whether the opportunities
created by Kuchma’s fall will lead to the emergence of a new democratic
order out of the ruins of the old regime.
Lucan A. Way, assistant professor of political science at Temple
University, is a 2004–2005 visiting scholar at the Harvard Academy for
International and Area Studies. He is currently writing a book on the
obstacles to authoritarian consolidation in Belarus, Moldova, Russia,
and Ukraine. From October to December 2004, he served as an
international observer in the Ukrainian elections.
NOTES
[1] Steven Levitsky and Lucan A. Way, “The Rise of Competitive Authoritarianism,” Journal of Democracy 13 (April 2002): 51–65.
[2]
Since 1989, competitive authoritarian regimes have existed in at least
37 countries in East Asia (Cambodia, Malaysia, Taiwan), the Americas
(Dominican Republic, Guyana, Haiti, Nicaragua, Mexico, Peru), Central
Europe (Albania, Croatia, Macedonia, Romania, Serbia,
Slovakia), the former Soviet Union (Armenia, Belarus, Georgia, Russia,
Ukraine), and sub-Saharan Africa (Cameroon, Côte d’Ivoire, Ghana,
Kenya, Madagascar, Mozambique, Senegal, Tanzania, Zambia, Zimbabwe).
[3] Andrew Wilson, “Ukraine’s 2002 Elections: Less Fraud, More
Virtuality,” East European Constitutional Review 11 (Summer 2002):
91–98; Erik Herron and Paul E. Johnson, “It Doesn’t Matter Who Votes,
But Who Counts the Votes: Assessing Election Fraud in Ukraine’s 2002
Parliamentary Elections,” unpubl. ms., available at
www.ku.edu/herron/elections/papers/fraud.pdf.
[4] Human Rights Watch Report, “Negotiating the News: Informal State Censorship of Ukrainian Television,” March 2003, 21–22.
[5] This point has also been made by Keith Darden in “Blackmail as a
Tool of State Domination: Ukraine Under Kuchma,” East European
Constitutional Review 10 (Spring–Summer 2001): 67–71. For a
particularly sophisticated treatment of informal institutions in
Ukraine, see also Jessica Alina-Pisano’s forthcoming article in World
Politics.
[6] Quoted in the Razumkov Centre Analytical Report, “The System of
Democratic Civilian Control over Law-Enforcement Bodies: Its
Effectiveness and Shortcomings,” National Security and Defence (Kyiv)
52 (April 2004): 21.
[7] See, for example, Podrobnosti (Kyiv), 9 June 2004; Zerkalo Nedeli (Kyiv), 14–20 August 2004.
[8] Keith Darden, “Blackmail as a Tool of State Domination.”
[9] Ukrayinska Pravda, 12 November 2004.
[10] Pochta Zaporizhzhia (Zaporizhzhia), 14 December 2004; Ukrayinska Pravda, 16 November 2004.
[11] Zerkalo Nedeli (Kyiv), 25 December 2004.
[12] Ukrayinska Pravda, 12 November 2004.
[13] Mykola Melnychenko, Kto est Kto na divane Prezidenta Kuchmy (Who is
who on President Kuchma’s sofa) (Kyiv: publisher unknown, 2002), 86.
[14] Ukrayinska Pravda, 7 March 2004.
[15] Mykola Melnychenko, Kto est Kto na divane Prezidenta Kuchmy, 116.
[16] At least two-thirds of the Committee of National Salvation that led the pro- Yushchenko movement were former Kuchma allies.
[17] Jamestown Foundation Eurasia Daily Monitor 1, 24 September 2002.
[18] Jonathan Steele “Ukraine’s Untold Story,” Nation, 2 December 2004.
[19] Zerkalo Nedeli, 20 November 2004. There were some reports that some
residents had been allowed to vote on behalf of their relatives
residing abroad.
[20] Ukrayinska Pravda, 26 November 2004.
[21] Pochta Zaporizhzhia, 14 December 2004.
[22] In most regions, support for Yushchenko was only 2 to 5 percent
higher in the December 26 repeat election than in the November 21
second round.
[23] For a detailed and dramatic account of how Serbian protestors
marched into Belgrade after Slobodan Miloševiæ stole the presidential
election in late 2000, see Dragan Bujoševiæ and Ivan Radovanoviæ, The
Fall of Miloševiæ: The October 5 Revolution (New York: Palgrave
MacMillan, 2003), 44–52.
[24] Pochta Zaporizhzhia, 11–17 December 2004.
[25]
Taras Kuzio, “Security Forces Begin to Defect to Viktor Yushchenko,”
Jamestown Foundation Eurasian Daily Monitor, 1 December 2004.
[26]
Ivan Lozowy reports that Kuchma may have in fact issued an order on
November 27 “to use force against the opposition’s demonstrators, but
the militia delayed and then disobeyed.” Ukraine Insider, December 2004.
[27] Ukrayinska Pravda, 1 December and 15 December 2004.

Reader Comments (7)
dlw
Namely, funding and advice from the propagandistically flawed Freedom House organziation, which has two set of standards when it comes to evaluating human rights.
Were any of the Pora representatives elected to government in Ukraine? My Serb friends tell me how corrupt their affiliate Otpor have become. Both of them serve as an east European youth brigade for the unholy alliance of neocon and Sorosian neoliberals
This anti-Russian extremist org. named Kuchma "Man of the Year" back in '96 as the then Ukrainian president overthrew the democratically elected Russocentric Crimean government of Yuri Meshkov. During this period, the Kuchma regime closed down Russian language schools thoroughout Ukraine, where up to 70% of the population prefer speaking Russian.
On a different matter, Ukraine related, here's one good way of offsetting foreign influence in Ukraine.
Troublemakers Madeleine Abright, Zbigniew Brzezinski and George Soros can't offer as much.
He did not receive the "Man of the Year" award, he received a "Freedom Award" for "his contributions to world peace, regional security and inter-ethnic cooperation." He got it because, in 1996 encouraged reform, invited in election observers for future elections (boy he must have regretted that one), and committed to give up Ukraine's nuclear arsenal for good. The last one is the most critical and was invariably mentioned in articles on his winning of the award. He also hired Yushchenko as National Banker back then.
Much as I hate Kuchma's subsequent 8 years of decline into corruption and attempts to conserve his power, I also give him credit for committing to give up Ukraine's nuclear arsenal, one of the greatest nuclear de-escalation moves in history. At the time he'd also ditched the unity-with-Russia rhetoric he'd used to snag votes from the Communists, and pushed through the nationalist key issue of making Ukraine the one official language, like you said. I don't see that those outway the nuclear disarmament.
Other readers can certainly look on Freedom House's site for their publications from the last decade and determine if they agree with its basic determinations for different years. But if association with Freedom House is the only "corrupt influence" on Pora that you can find, I'd say it's about as clean as a nonprofit can get.
If you get any links on that CBC (did you mean BBC?) interview, let me know.
As for the Times article, I'm at a loss. How is this about curbing foreign influence on Ukraine? It's a long and detailed account about how Russia has Ukraine over a barrel... of oil. Russia's always had the greatest influence on Ukraine, oil being a major reason, what's being offset?
Not only that, one of her two main arguments for how Ukraine had turned away from Russia was that Russian companies were seriously threatened with re-nationalization. That's crap, the only companies seriously threatened were a handful of Ukrainian-owned ones. (and Krivoryzhstal was stolen out from under Russian as much as any other foreign bidders) The author is clearly a Russia watcher, not a Ukraine watcher, and she overestimates the extremity of attitudes towards Russia (both before and after September) as well as the importance of oil in the sacking of the government.
Pora is corrupt in the sense that they reflect 100% the biases of Soros and Freedom House. There's no room for differing views at that group. Note that they never won an election themselves.
Kuchma won that aweard as he shut down Rusian language schools and overthrew the democratically elected Russocentric Crimean government of Yuri Meshkov. That's why Kuchma was honored by FH.
Yanukovych was always a nominal ally of Kuchma, much in the same way that Yushchenko had been.
Kuchma won his first campaign because it was Russocentric unlike the very anti-Russian ticket of Kravchuk. Rather interestingly, Kravchuk has once again changed his colors. Come to think of it, so has Yushchenko and for the better.
Try as they have over history, anti-Russian propagandists will never succeed in having Ukraine as a base for their mischievous behavior.
After his winning the presidency in '94, Kuchma was threatened by west Ukrainian nationmalists. He threw a few bones at them, only to see how popular he became in North America (heavily influenced by what can be called a west Ukrainian lobby).
The half hour pro-Pora/FH piece was done by the CBC via its now defunct News World International (good riddance) which was aired in America
Yanukovych was much more to Kuchma than just a nominal ally, as well. He was an ally that Kuchma fully expected to uphold the Kryvoryzhstal privatization and be beholding to him for promoting him into a position of visibility in advance of the election, then grooming him as a successor.
On Freedom House: The basic pattern of your thinking in many of your posts against not just Freedom House but the OSCE, George Soros, PORA and others is that these organizations are animated, driven, in fact, by an irrational hatred of Russia, which makes them violate all sorts of principles and lie about their motivations and do all kinds of dastardly things.
So whereas I say the OSCE is an excellent source of election data, you say it is anti-Russian and so it's results are false, logically because it is lying and misrepresenting its findings. I say Kuchma was applauded by Freedom House for reducing the international nuclear threat, you say it was for refusing to allow Crimea to secede, and the reasoning to the contrary Freedom House undoubtedly gave is just made up of so many lies. You accuse both the current US Government and George Soros of being in on the anti-Russian conspiracy as well.
It's a pretty clear sign of a conspiratorial fantasy when you believe huge numbers of well-known and visible organizations (some of which that are strongly opposed to one another) of uniting to pursue a single goal which you yourself consider irrational.
On Pora: you're having troubles with definitions, too. Corruption is when you use your political position for personal gain or otherwise lack integrity or take bribes. As I would not expect the World Wildlife Foundation to give space in their newspaper to people who thinks there are enough elephants to begin hunting them for ivory again, I would not expect PORA to give the mike to people who think the protests on Maidan were part of a coordinated Western conspiracy against Russia instead of Ukrainians calling for political accountability.
All one has to do is see the point in time when Kuchma was lauded by FH. FH's Galician slant has been evident for years.
In their many years of existence, did FH ever denounce the neo-Nazi Captive Nations Committee which was/is a bigoted anti-Russian org (Yushchenko's current wife headed that org. back in the early 19 eighties)? Show me where I'm wrong.
Soros is definitely biased against Russia and Serbia. Soros is corrupt as shown by some of the forces he has chosen to back in conjunction with the lack of perspective offered at his key operations like the ICG.
The OSCE is biased for having someone like Kuzio monitor the process. He's not an objective source as my article on him details. In comparison, Ehrenfeld and bhhrg.org are considerably more objective.
Yushchenko has nationalist forces on his side and he's now playing a more pragmatic game to protect his political hide.
Yanukovych had firmly broken away from Kuchma after the second election. His alliance with Kuchma was always nominal in nature. Again, Yushchenko and Tymoshenko had a similar relationsip with Kuchma.