On Friday 16 May 2014, the United Nations Human Rights Monitoring Mission in Ukraine published its second report, produced by a monitoring team in Ukraine. It denounces “an alarming deterioration in the human rights situation in the east of the country, as well as serious problems emerging in Crimea, especially in relation to the Crimean Tatars.”
The report documents a double problem in the country. On one hand the situation in Eastern Ukraine is extremely worrying, with “targeted killings, torture and beatings, abductions, intimidation and some cases of sexual harassment – mostly carried out by well-organized and well-armed anti-Government groups in the east.” The report also documents increased threats and intimidation against journalists, bloggers and other media workers based in Eastern Ukraine or visiting, including abduction and unlawful detention by armed groups. On the other hand, the human rights violations, which occurred since 29 November 2013 and led to the present situation, are not addressed properly in the country. The report draws a special attention to 83 missing persons, “still unaccounted for after disappearing during the events related to the original ‘Maidan’ protests in Kiev.”
Olexandra Matviychuk, head of the Centre for Civil Liberties, one of the Ukrainian NGOs engaged in EuromaidanSOS, says that “with permanent violence, kidnapping, torture taking place, hostages taken among the civil population as well as activists and journalists, attention to the investigation of human rights violations during the ‘Maidan’ has become marginalised.”
The feeling of impunity is generalised in Ukraine within all parties. The State should ensure that it does everything in its power to hold those guilty of human rights violations since 29 November, including killings of protestors, accountable. “If the States feels impunity, Olexandra Matviychuk says, history is going to be repeated sooner or later.”
It is also a step taken as a message to those holding weapons today. The UN mission indeed reports about armed groups continuing “to illegally seize and occupy public and administrative buildings in cities and towns of the eastern regions and proclaim ‘self-declared regions’. Leaders and members of these armed groups commit an increasing number of human rights abuses […]. This is leading to a breakdown in law and order and a climate of intimidation and harassment.”
“The United Nations must continue their reporting and documenting, which we welcome. Given the lack of independence of the judiciary in Ukraine, the investigation by the International Criminal Court is in this aspect key to be able to ensure accountability,” says Ane Tusvik Bonde, Regional Manager for Eastern Europe at the Human Rights House Foundation. “All parties must cooperate with international mechanisms in Ukraine,” added Ane Tusvik Bonde.
Reforms still awaited
In addition to the investigation into human rights violations, and action taken to end the use of violence in the country, Ukraine needs to undertake a massive reform of its legislation and practice in many fields.
Civil society experts, including human rights defenders, academics and activists, have created a working group drafting an emergency package of reform, coordinated by the Association of Ukrainian Human Rights Monitors on Law-Enforcement.
Ukraine’s law enforcement agencies have needed radical reform for a long time now: “It’s not about changing the names of institutions and units or about window-dressing, but about systemic changes, starting from the principles for establishing and structuring enforcement agencies, and ending with approaches to evaluating their performance,” says Vadym Pyvovarov, Executive Director of the Association.
Human rights situation in Crimea
In Crimea the situation is extremely worrying on many fronts.
The UN documents that “the legislation of the Russian Federation is being enforced on the territory of Crimea, at variance with the UN General Assembly resolution 68/262.”
Furthermore, NGOs and the UN report an increasing number of events of human rights violations of Crimean Tatar people, including freedom of movement of their leaders (several of whom were denied entry when trying to go back to Crimea from other parts of Ukraine), cases of physical harassment, restrictions on Crimean Tatar media, fears of religious persecution of those who are practising Muslims, and a threat by the Crimean prosecutor that the work of the Parliament of the Crimean Tatars People may be announced illegal and terminated. More than 7’200 people from Crimea – mostly Crimean Tatars – have become internally displaced in other areas of Ukraine.
The Crimean Field Mission launched by Ukrainian and Russian human rights defenders learned about the rummage of the homes of various Crimean Tatar leaders, including on 16 May 2014 in the home of the home of Head of Mejlis department for external relations Ali Hamzin, carried out by the officials of Federal Security Service of the Russian Federation. Ali Hamzin now resides in Kyiv but his son remains in Crimea and has been summoned for questioning by the Security Service on 16 May.
The UN report notes “alarming developments surrounding the issue of citizenship following the agreement between the Russian Federation and the authorities in Crimea, which stipulates that the citizens of Ukraine and stateless persons permanently residing in Crimea or in Sevastopol shall be recognized as the citizens of the Russian Federation. There are reports that those who did not apply for citizenship by the deadline of 18 April are facing harassment and intimidation.”
Free, fair and transparent elections
On 25 May, Ukraine will hold its elections.
The elections must be accompanied by a feeling of ability to express ones opinion. The report of the UN however notes “repeated acts of violence against peaceful participants of rallies, mainly those in support of Ukraine’s unity and against the lawlessness in the cities and villages in eastern Ukraine. In most cases, local police did nothing to prevent violence, while in some cases it openly cooperated with the attackers.” The right to peaceful assembly is an essential part of the right to participate to the public life, and one cannot imagine free and fair elections without the guarantee for citizens to assemble and express their opinions.
The United Nations High Commissioner for Human Rights noted harassment of presidential candidates sometimes physically attacked: “Free, fair and transparent presidential elections are an important factor if tensions are to be reduced and law and order restored, which of course is essential for the peaceful development of the country and all its inhabitants. Instead, the continuing rhetoric of hatred and propaganda, coupled with killings and other acts of violence, is fuelling the escalation of the crisis in Ukraine,” she said.
“All international actors in Ukraine should take a rights based approach, and those using violence and holding weapons must be brought to justice,” says Ane Tusvik Bonde. “Circumstances have changed, but our demand for human rights remains unchanged,” added Olexandra Matviychuk.
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