COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION TAKES UP REPORT OF UKRAINE

HR/CERD/98/13
9 March 1998


The Committee on the Elimination of Racial Discrimination began examination this afternoon of a report from Ukraine on measures adopted to implement the International Convention on the Elimination of All Forms of Racial Discrimination.

Introducing the report, Mr. Leonid Yefimenko, Deputy Minister of Justice of Ukraine, said that despite economic difficulties, the State was sparing no efforts to solve the economic and political problems faced by the returning Crimean Tatars and other persons deported under the totalitarian regime. Extensive construction of houses was carried out and measures in the field of employment and education were adopted to facilitate their rehabilitation.

As part of 150 States parties to the Convention, Ukraine is required to submit periodic reports to the Committee.

During the discussion of Ukraine's report, the Committee member charged with leading the debate, Mr. Theodoor Van Boven of the Netherlands, commended the delegation on the positive efforts carried out for the protection of minorities and for the resettlement and rehabilitation of over 250,000 Crimean Tatars. No information, however, was provided on complaints and convictions of acts of racial discrimination, and insufficient detail was provided on the demographic composition of the population, he added.

The following experts participated in the proceedings: Mahmoud Aboul-Nasr (Egypt); Theodoor Van Boven (Netherlands); Ion Diaconu (Romania); Ivan Garvalov (Bulgaria); Régis de Gouttes (France); Yuri A. Rechetov (Russian Federation); and Zou Deci (China); Luis Valencia Rodriguez (Ecuador).

The panel of experts will reconvene at 10 a.m., Tuesday, 10 March to continue consideration of the report of Ukraine.

Report of Ukraine

The fourteenth periodic report of Ukraine (document CERD/C/299/Add.14) states that with over one quarter of its population of non-Ukrainian origin, Ukraine has a multi-ethnic society. For this reason, the new Constitution of 1996 and legislation regulating inter-ethnic relations were drafted on the basis of the principle of equality of rights and freedoms of citizens, regardless of their national (ethnic) origin, race and beliefs and the need to create equal opportunities enabling them to participate in the economic, social, political and cultural life.

According to the report, the fact that Ukraine is one of the few States among those that emerged on the territory of the former Soviet Union which has so far not been the scene of inter-ethnic conflicts is to a great extent explained by its tolerant State ethnic policy. In a short period of a time, a political and legal basis for the regulation of ethnic and national processes, ensuring the balanced interests of the various ethnic groups, was created and is still being improved.

Measures adopted by the Ukraine authorities to ensure freedom of beliefs and religion has stimulated religious and spiritual life in Ukraine and has promoted inter-denominational harmony and understanding, the report contends. In the four years that have elapsed since Ukraine achieved independence, the total number of religious bodies has increased by one third. Ukraine comprises 17,600 communities and 65 denominations, trends and tendencies.

All the necessary conditions have been created in Ukraine for the unrestricted use of the languages of national minorities in the national education system, the document adds. Of the 21,349 schools that were operational during the 1995-96 school year, 2,965 provided instruction in Russian, 98 in Romanian, 61 in Hungarian, 11 in Moldovian, 5 in Hebrew, 3 in Polish and 1 in Crimean-Tatar.

Introduction of Report

Introducing the report, LEONID YEFIMENKO, Deputy Minister of Justice of Ukraine, said that on achieving independence, Ukraine faced the dual task of transforming itself from a totalitarian regime to a democratic one and from a centralised economic system to a liberal one. In addition, the State had to face a major economic burden as a result of the Chernobyl accident. The Government attached priority importance to the protection of human rights and fundamental freedoms, irrespective of national (ethnic) origin, race and beliefs. It was in the process of reviewing all legislative acts with a view to ensuring effective implementation of international norms.

Mr. Yefimenko noted that Ukraine became a member of the Council of Europe in November 1995 and adopted its new Constitution in June 1996. The Government was determined to preserve the national cultural identity of ethnic groups living in the country. Draft provisions to amend and supplement the Act on National Minorities in Ukraine were currently under consideration by the Government, he added. A number of educational establishments teaching in minority languages had been created to ensure full development of ethnic culture and traditions. Moreover, 18 public organisations for the protection of human rights were created and 67 natural cultural organizations were legalised. Multilateral and bilateral agreements were also entered into to ensure the protection of the rights of the 12 million ethnic Ukrainians living abroad.

The State was sparing no efforts to solve the economic and political problems faced by the returning Crimean Tatars and other deported persons, Mr. Yefimenko continued. Extensive construction of houses was carried out as well as measures in the fields of employment and education. The economic difficulties faced by the country, however, had recently forced the authorities to limit the initiatives undertaken. Measures were currently being envisaged to find alternative funding. The Nationality Law had been amended to facilitate acquisition of nationality by returning deportees, Mr. Yefimenko added. Over the last 3 months, some 2,000 persons acquired Ukrainian citizenship.

Mr. Yefimenko said much had also been carried out to cater for the 48,000 gypsies living in Ukraine. This community established three associations to increase the level of education and employment of its young people. Various schools taught in the gypsy language and initiatives were adopted to encourage the development of gypsy culture.

Despite solid progress in protecting human rights and fundamental freedoms, it would be a mistake to be satisfied with the present situation, Mr. Yefimenko said. The past totalitarian regime continued to have negative effects on society and further efforts were required to ensure full development of democracy at all levels. Mr. Yefimenko expressed the hope that consideration of the report would increase understanding of the difficulties faced by the country and the readiness of Ukraine to engage in international cooperation to eliminate all forms of discrimination and xenophobia.

Discussion of Report

Committee member THEODOOR VAN BOVEN said Ukraine, with a population composed of more than 100 nationalities, was undergoing a socio-economic transition. The country was also having to deal with the return and the needs of a large number of formerly deported people.

Reiterating the Committee's observations on the previous report of Ukraine, Mr. Van Boven said no information was provided on complaints and convictions of acts of racial discrimination, and insufficient detail was provided on the demographic composition of the population. He noted the structure of the report was not satisfactory and a number of issues were discussed under the wrong headings. The report mentioned at length measures taken to ensure freedom of beliefs and religion, however, this did not come specifically under the scope of the Convention unless religion was closely linked to the ethnic composition of the population. Further information was therefore needed in this regard.

Mr. Van Boven commended the positive efforts in terms of legislation and measures undertaken in the fields of language and culture for the protection of minorities. More information was needed on the interpretation and application of legislation. For instance, in the country as a whole, Russians - who constituted some 22 per cent of the population - were a national minority. But in the Autonomous Republic of Crimea, the Russians were a majority (some 67 per cent) and the Ukrainians were the minority (some 26 per cent). What were the implications regarding the use of language, schools and cultural establishments? Clarifications were also welcome on the differences in Ukraine between national minorities and indigenous peoples?

Concerning the situation of deported persons under the totalitarian regime, Mr. Van Boven expressed appreciation at the efforts made for the resettlement and rehabilitation of over 250,000 Crimean Tatars as well as persons of other nationalities who returned to the Crimean in recent years. Referring to past recommendations, he said the Committee would continue to monitor the situation of these people very closely, particularly regarding application of the Convention on the Protection of Refugees.

On the implementation of article 4 which required all States to revise Governmental and other public policies and to rescind laws and regulations which had the effect of creating and perpetuating racial discrimination, Mr. Van Boven asked for more information in order to assess to what extent the State party was giving full effect to this article.

Measures to advance the culture, education and employment of the Roma were welcomed, Mr. Van Boven said. Reports of degrading treatment of the Roma, in particular allegations of police brutality, were cause for concern. Measures should be taken to prevent the recurrence of these practices. Training of law enforcement officers in human rights and in provisions of this Convention should be ensured, as should legal assistance to the Roma. More information was required on, among other things, the right of access by all to places of service, and remedies and rights to reparation or satisfaction by victims of racial discrimination.

Continuing discussion on the report of Ukraine, a number of Committee members referred to reports of non-governmental organisations of persisting discriminatory treatment of the Roma community. Alleged ill-treatment by the police and discriminatory treatment by the judiciary was of much concern. More information was requested on this issue and on measures taken to limit such racial discrimination. One Committee expert asked for the number of persons from the Roma community who had been sentenced to death. Did the Government intend to stop implementing this punishment in light of Ukraine's recent membership to the Council of Europe, he asked.
Another Committee member asked for clarifications on the use in the report of the terms national and ethnic groups. More information was also requested by experts on, among other things, the conditions for the acquisition of Ukrainian nationality, in particular regarding dual citizenship; specific cases of conflicts between the different churches; and the relevant provisions of the Ukrainian Penal Code. A number of experts noted that membership to European institutions and instruments proved to be a positive step, however, the international instrument under consideration was more far-reaching and should be given priority in the report.