In 1998, the office of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights was opened in Kiev. Today, this establishment employs more than 160 people. Most of them are former members of non-governmental organizations or human rights defenders.
“Human rights defenders in the civil service” – so Mr. Mykhailo Chaplyga, the representative of the Commissioner for Communication Policy and Public Affairs, informally described the essence of the work of this office.
He also said that every year the office staff consider more than 100,000 complaints of citizens. The problems in these complaints vary from housing to ethnic. The only type of applications that is not in the competence of the Office of the Ombudsman – appealing against judicial decisions in criminal matters.
Human rights defenders have noted the experience of Ukrainian colleagues, which could be useful in Belarus.
Accredited volunteers and representatives of the office has the right to monitor places of imprisonment all over the country, which is very interesting for Belarusians.During last year, 362 of such institutions have been visited. Only one employee of the office was not able to exercise her right and get into the closed boarding school. As a result, the doors to Irina Sergeenko, the representative of the Department on the implementation of National Preventive Mechanism, were opened – in Ukraine such actions of the representatives of the office are regulated by a special law and in fact nobody can refuse to provide them information. For Belarusian colleagues such experience without exaggeration seems to be fabulous opportunity.
“I was really inspired by the stories that the representative of the office can visit any place of imprisonment in the country – admitted Alena, the representative of the human rights non-governmental organization “Platform”. – I would participate in such monitoring with great pleasure. This would give opportunity for wider action in Belarus. Now I have a strong argument: as a human rights defender, I am allowed and can go without any restrictions into the prison in Sweden, Russia and Ukraine, but is not allowed into the Belarusian ones. Also during the creation of Belarusian office of Commissioner for Human Rights I will have possibility to request to use the mechanisms that work well in Ukraine. It will be very difficult to refuse access to the similar prisons, if there is such a practice in the neighboring countries.”
During the meeting the Belarusian human rights defenders got the opportunity to get acquainted with the work of several branches of the office of the Commissioner. Natalia Ivanova, The Representative of the Commissioner, Director of Department for Social-Economic and Humanitarian Rights, said that sometimes they even have to answer the questions of how to live on welfare in one hundred dollars.More details on the issues of domestic violence and children violence were explained by Aksana Filipishyna, the Director of Department for Observance of Rights of Child, Nondiscrimination and Gender Equality. Oleksandr Pavlichenko, the Director of Department for Observance of Rights for information and personal data protection completed the presentation of the Office representatives.
What difficulties Belarusian human rights defenders see the work of the Ombudsman in Belarus
The fact that Belarus should have its own ombudsman is recognized even by the government. Moreover, the draft law on the involvement of the national defender for human rights is promised to be presented next year. Unfortunately, this initiative leaves a lot of questions and some concern. Primarily due to the fact that the representatives of non-governmental organizations have not been allowed into the discussions of the project.
This fact has led many members of civil society to be skeptical of the idea of the creation of the Belarusian office of the Ombudsman. Therefore, the Ukrainian experience is perceived as an interesting one, but at the same time it gives only rather general information.
“Up to the moment the political prisoners in Belarus are released, it is too early to talk about the creation of the national office of the Ombudsman, – said Mikhail, the representative of the Center for Legal Transformation. – I think it is too early to say that we should have the institute of the ombudsman. First, it is necessary to resolve other tasks, that are more important.”
Olga, who is a practicing lawyer, partly supports the view of her colleagues.She thinks that today it is almost impossible to create authorized and independent office of the defender of human rights in Belarus.
“Unlike Belarus, Ukraine is a member of the Council of Europe, – said Olga. – Today the Ombudsman’s decision in that country is supported by law, this institution has a specific mechanism. In our country the same solution of the Commissioner would be only an opinion, advice. We do not have effective mechanisms, and therefore, the work of the office of the Ombudsman will not be functional.”
It should be noted that the Ombudsman works effectively not in all post-Soviet countries. For example, in Azerbaijan he has no real power. But at the same time, the Ukrainian experience can show the fact that the Commissioner and his representatives can influence effectively on the defense of human rights in the country.
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