Nachricht | International / Transnational - Ukraine (en) Human and minority rights situation in Ukraine: UN findings and Russian comments

We are documenting the recent report by the Office of the UN High Commissioner for Human Rights and the statement by the UN Special Rapporteur on minority issues as well as the respective comments by Russia's Foreign Ministry

OHCHR press release: Ukraine: Misinformation, propaganda and incitement to hatred need to be urgently countered – UN human rights report

GENEVA (15 April 2014) – Misinformation, propaganda and incitement to hatred need to be urgently countered in Ukraine to avoid the further escalation of tension in the country, according to a UN human rights report* issued on Tuesday [15 April].

The report by the Office of the High Commissioner for Human Rights looks at the root causes of the protests that have taken place since November 2013, including corruption and widespread economic inequality, as well as the lack of accountability for human rights violations by the security forces and weak rule of law institutions. It also assesses the human rights situation in Crimea, including in the context of the 16 March referendum, and makes recommendations for the way forward.

“It is critical for the Government to prioritise respect for diversity, inclusivity and equal participation of all – including minorities – in political life,” said UN High Commissioner for Human Rights Navi Pillay.

“Facts on the ground need to be established to help reduce the risk of radically different narratives being exploited for political ends. People need a reliable point of view to counter what has been widespread misinformation and also speech that aims to incite hatred on national, religious or racial grounds,” she added.

The report, which is based on information collected during two missions to Ukraine in March by Assistant Secretary-General for Human Rights Ivan Šimonović and a team of UN human rights monitors on the ground since 15 March, analyses events up to 2 April. It also anticipates and draws parallels between what happened in Crimea and events currently unfolding in eastern Ukraine.

“In eastern Ukraine, where a large ethnic Russian minority resides, the situation remains particularly tense,” the report says. “It will be important to immediately take initial measures to build confidence between the Government and the people, and among the various communities, and reassure all people throughout Ukraine that their main concerns will be addressed.”

Excessive use of force by the Berkut special police and other security forces led to the radicalisation of the protest movement, the report found. “Violations related to the Maidan protests should be investigated and addressed in order to ensure accountability of perpetrators,” the report states.

Information gathered so far indicates that 121 people were killed in violence between December 2013 and February 2014. Most acts of severe beatings, torture and other cruel, inhuman or degrading treatment were reportedly attributed to the Berkut.

The political aspects of recent developments in Crimea, which Mr Šimonović visited on 21 and 22 March, are beyond the report’s scope. However, the report notes that the situation created before and after the referendum of 16 March, which the General Assembly concluded had “no validity”, raised a number of human rights concerns pertaining to freedom of expression, freedom of assembly and other civil and political rights.

The presence of paramilitary and so-called self-defence groups as well as soldiers without insignia, was not conducive to an environment in which the will of voters could be exercised freely, and the UN Human Rights’ Office delegation received many reports of vote rigging.

“A number of measures taken in Crimea are deeply concerning from a human rights perspective,” the report says. These include the introduction of Russian citizenship, making it difficult for those who opt to maintain their Ukrainian citizenship to stay in Crimea. “The current situation also raises concerns with regard to land and property ownership, wages and pensions, health service, labour rights, education and access to justice,” the report adds.

The authorities in Crimea should also publicly condemn all attacks or harassment against human rights defenders, journalists or any members of the political opposition, the report urges, and ensure full accountability for such acts, through prompt, impartial and effective investigations and prosecutions.

It is widely assessed that while there were some attacks against the ethnic Russian community, these were neither systematic nor widespread. There are also allegations that some participants in the protests and clashes in eastern Ukraine were not from the region, and that some had come from the Russian Federation.

“What is clear from our findings is that there is an urgent need to ensure full respect for the rule of law and human rights in Ukraine and thus guarantee the enjoyment of all human rights for all, including minorities,” Pillay said.

“The international community, including the UN, can play a role in supporting the creation of such an environment. My Office and its monitoring team can provide impartial and authoritative human rights assessments to contribute to establishing the facts, de-escalating tension, and paving the way for an environment that is conducive to the holding of free and fair elections on 25 May,” the High Commissioner noted.

Among the report’s recommendations to the Government of Ukraine:

  • Ensure accountability for all human rights violations committed during the unrest.
  • Ensure inclusivity and equal participation in public affairs and political life.
  • Prevent media manipulation by issuing timely and accurate information.
  • Combat intolerance and extremism.
  • Implement as a matter of priority measures to effectively eradicate corruption.

Among the recommendations to the authorities in Crimea:

  • Actively resolve cases of missing persons, grant access to places of detention.
  • Take all measures needed to protect the rights of persons affected by the changing institutional and legal framework, including citizenship.
  • Investigate all allegations of hate speech and media manipulation.
  • Ensure the protection of the rights of all minorities and indigenous peoples.

Regular reports shall be issued by the Human Rights Monitoring Mission in Ukraine (HRMMU), with one forecast for 15 May that will examine in greater depth the situation in eastern Ukraine.

* Full report available here: www.ohchr.org/Documents/Countries/UA/Ukraine_Report_15April2014.doc

Source: www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14511&LangID=E

Comment by the official representative of the Ministry of Foreign Affairs of Russia, Alexander Lukashevich, regarding the publication of the report by the Office of the United Nations High Commissioner for Human Rights on the situation in Ukraine

884-15-04-2014

We should state that the report by the Office of the United Nations High Commissioner for Human Rights (OHCHR) on the situation with human rights in Ukraine is unilateral, politicised and does not reflect the real situation in this country.

Thus, compilers of the report preferred to disregard that the current “authorities” in Ukraine became “authorities” as a result of an armed coup d’état. There was no comment on the events of the 22 February, including the attack of illegal armed formations on administrative buildings and their occupation. The persons, who illegally came to power, have positioned themselves as a legitimate government. At the same time, they have intentionally not mentioned the factual evidence showing that the “new” authorities have been acting in an atmosphere of violence and anarchy from the very beginning.

No attention has been giving to the most dangerous trend of uncontrolled growth of nationalism and neo-Nazism. The term “neo-Nazism” is not mentioned on any of almost 30 pages of this report. The chauvinistic atrocities by the Right Sector and other ultra-right groups in the West and in the centre of Ukraine are characterised as follows: “some conversation partners shared the feeling that the rights of minorities to participate in the political life is not fully taken into account”.

A range of the grossest violations of human rights by self-proclaimed authorities have been ignored, including, in particular, kidnappings, torture, out-of-court reprisals, violations of the independence of the judicial system and pressure on mass media and civil community.

This document is outrageously selective in the information it contains. The actions of radicals on the Maidan at the end of February are presented as a peaceful protest and manifestation of popular discontent, therefore they are actually justified. The attitude to the protests in the South-East of the country is different. The “observers” do not see the legitimate interests of the Russian population of this region.

Assessments of the situation with the freedom of speech and press are odious. It seems that there is no place for the continuing attempts of Ukrainian “authorities” to prevent objective reporting on the situation in the country, the threatening of journalists and entry bans for representatives of foreign mass media.

In general, it seems that this report has been prepared based on previously made conclusions, for which there was no need to go to Ukraine.

Source: www.mid.ru/bdomp/brp_4.nsf/e78a48070f128a7b43256999005bcbb3/45f48c39c31dfea844257cbd004517d9!OpenDocument

OHCHR press release: Ukraine: UN Special Rapporteur urges stronger minority rights guarantees to defuse tensions

GENEVA (16 April 2014) – The United Nations Special Rapporteur on minority issues, Rita Izsák, has urged all parties to find a peaceful solution to the crisis in Ukraine and take immediate steps to ease tensions and step back from further violence.

“Minority rights protections should be strengthened as part of a process of confidence building and to achieve stronger unity in Ukraine’s diversity,” stated Ms. Izsák, who visited Ukraine from 7 to 14 April at the invitation of the Government. (Check the Special Rapporteur’s full end-of-mission statement: www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14518&LangID=E)

“The overwhelming majority of minorities and others who I consulted described harmonious inter-ethnic and inter-faith relations and conditions of non-discrimination in all spheres of life,” she noted. “Violence, intimidation or aggression on the basis of national, ethnic or religious belonging are rare.”

However, the human rights expert warned that “Recent developments in the country have increased animosity against certain groups and created an environment of uncertainty and distrust that may create fractures along national, ethnic and linguistic lines and threaten peaceful coexistence if not resolved.”

The Special Rapporteur acknowledged that some grievances exist and must be addressed. “Steps to abolish the 2012 Law on the Principles of the State Language Policy, although vetoed, created anxiety amongst some communities, including ethnic Russians, that minority language rights will be eroded.”

Ms. Izsák called for a revised law to comply with international standards and for meaningful and inclusive consultations to ensure that it protects the language rights of Ukraine’s diverse linguistic communities.

While recognizing the legitimate concerns of minorities and their right to peaceful protest, the expert underscored that “the current human rights situation of minorities in Ukraine and the civil and political, economic, social and cultural conditions that they experience cannot justify any violent actions or incitement and support of those actions by any party, national or international.”

“It is essential to begin a process of national dialogue with the objective of understanding the concerns and issues of all communities and ensuring that they are addressed appropriately and rapidly. Moderate voices must come to the fore,” she said. “First and foremost, solutions to the current situation must come from the Ukrainian people.”

Ms. Izsák noted that the current situation, although framed by some as an inter-ethnic dispute, has wider political and economic causes, including widespread corruption, that must be taken into account to help avoid further ethnic, regional and political polarization.

Ms. Izsák could not gain access to Crimea, however she interviewed people who have recently left, who noted uncertainty, social and political pressure and fear for their security and rights, as among the reasons for their decision to leave. She recommended that the UN monitoring mission be allowed to visit Crimea and assess the human rights situation in view of recent political and social change and its inevitable impact on different populations.

The expert proposed a number of concrete measures to strengthen minority rights protection and promotion, including in the fields of education and ensuring inclusive participation in decision making. She referred to the need to strengthen the institutional attention to minorities and welcomed proposals to establish new high-level bodies and authorities responsible for minority issues.

Ms. Izsák visited Kyiv, Uzhgorod, Odesa and Donetsk during her visit to assess minority issues and consulted Government Officials, representatives of the civil society and minority communities, religious leaders, political actors, academics, journalists and internally displaced persons among others.

The human rights expert thanked the Government of Ukraine for its invitation to visit and its cooperation with her mandate.

The Special Rapporteur will produce a full report and recommendations for submission to the United Nations Human Rights Council.

Ms. Rita Izsák was appointed as Independent Expert on minority issues by the Human Rights Council in June 2011 and subsequently her mandate was renewed as Special Rapporteur in March 2014. As Special Rapporteur, she is independent from any government or organization and serves in her individual capacity. Learn more: www.ohchr.org/EN/Issues/Minorities/IExpert/Pages/IEminorityissuesIndex.aspx

The Special Rapporteur is tasked by the United Nations Human Rights Council to promote the implementation of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. Read the Declaration: www.ohchr.org/EN/ProfessionalInterest/Pages/Minorities.aspx

UN Human Rights, country page – Ukraine: www.ohchr.org/EN/Countries/ENACARegion/Pages/UAIndex.aspx

Source: www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14520&LangID=E

Comment by the Information and Press Department of the Russian Ministry of Foreign Affairs regarding the end of the visit of the independent expert on issues of national minorities of the United Nations Human Rights Council (UNHRC) to Ukraine

910-17-04-2014

We noted the press release summarising the visit of the UNHRC’s independent expert on issues of national minorities to Ukraine on the 7-14 April. We believe that it is one of the first attempts by a representative of international mechanisms in the human rights area to study human rights aspects of the deep and systemic crisis, which has overtaken this fraternal country, in an objective and unprejudiced way.

Of course, we cannot agree to the conclusion by Ms. Izhak about the generally harmonic situation in the area of interethnic and interreligious relations in Ukraine, because it is not confirmed by the constantly incoming information regarding the events in this country. This conclusion does not match the facts provided by this independent expert about multiple worrying trends and violations of human rights standards. We share the opinion that in the future order of Ukraine there is no place for the Ukrainian politicians and parties, which “stained” their reputation with appeals to violence. The illegal and criminal order given by the current Kiev authorities after the departure of Ms. Izhak about the so-called counter-terrorist operation against the civil population of the South-East of Ukraine only intensifies this appeal of the UN representative.

We appeal to the current Kiev authorities to implement multiple recommendations by Rita Izhak, which are related to ensuring rights of Russian and Russian-speaking population, as well as creation of conditions for equal participation of all national minorities in the social and political order of the Ukrainian state and its governing.

Source: www.mid.ru/brp_4.nsf/0/DC657D281A03355944257CBF00436BD6