HUMAN RIGHTS COMMITTEE BEGINS REVIEW OF REPORT OF UKRAINE

Human Rights Committee
73rd session
15 October 2001
Afternoon




Government Delegation Queried on Situation of Tartars,
Roma,Steps to Combat Trafficking in Persons



The Human Rights Committee began consideration this afternoon of a fifth periodic report of Ukraine, questioning a Government delegation, among other things, on the status of repatriated Crimean Tartars, on protection of the rights of Roma, and on reports of high levels of trafficking in women and girls.

An eight-member Government delegation told the Committee that efforts were being made to ensure that Tartars deported during the Soviet era were properly resettled and were provided with loans for such necessities as housing, although funding for such programmes was limited; that steps had been taken to raise education rates and increase employment among the Roma; and that exportation of women and girls for purposes of sexual exploitation had occurred frequently and some 204 cases had been filed under laws prohibiting slavery and trafficking in human beings.

The Committee's exchanges with the Government delegation fell under the general topics of the country's Constitutional and legal framework; non-discrimination; gender equality; the right to life; prohibition of slavery; detention and imprisonment; juvenile detention; prohibition of torture; freedom of movement and protection of aliens; and the freedoms of thought, conscience, religion, opinion, and assembly.

The Ukrainian report was introduced by Olexander Paseniuk, Deputy State Secretary of the Ministry of Justice, who noted that an Ombudsman had been appointed for human rights; that a Constitutional Court and a number of laws had been established to ensure protection of human rights; that a complex process of judicial reform was under way; and that a new Criminal Code had been adopted in April which, among other things, had abolished the death penalty.

Other members of the Government delegation were Mykhailo Skuratovsky, Permanent Representative of Ukraine to the United Nations Office at Geneva; Nina Karpachova, Plenipotentiary Representative of the Verkhovna Rada (Parliament) on human rights; Mykola Garnik, First Deputy Prosecutor General; Vadym Demchenko, Director of the International Law Department of the Ministry of Justice; Olga Yavlovytska, Deputy Head of the Department of Constitutional and Administrative Law of the Ministry of Justice; Anatolyi Zadvornyi, Adviser of the Plenipotentiary Representative of the Verkhovna Rada on human rights; and Ivanna Markina, Second Secretary of the Permanent Mission of Ukraine.

Ukraine, as one of the 148 States parties to the International Covenant on Civil and Political Rights, is required to provide periodic reports to the Committee on efforts to implement Covenant's provisions. On these occasions Government delegations generally appear before the Committee to answer questions.

The Committee will reconvene at 10 a.m. Tuesday, 16 October, to continue its consideration of the report of Ukraine.

Fifth periodic report of Ukraine

The report (CCPR/C/UKR/99/5) reviews implementation of the Covenant on an article-by-article basis. It notes, among other things, that the national Constitution provides for the guarantee of human rights and freedoms and of 'worthy conditions of human life'; that the State is responsible for promoting the rights of national minorities and indigenous peoples; and that the State guarantees to all national minorities the right to national and cultural autonomy and the right to use and teach their national languages and to study in their national languages in State educational establishments or through national cultural societies.

The report states that citizens have equal Constitutional rights and freedoms, are equal before the law, and may not be subject to discrimination on the basis of race, colour, political, religious or other opinions, sex, ethnic or social origin, property status, place of residence, or linguistic or other characteristics; that equal rights for women are ensured; that Constitutional human and citizens' rights may not be restricted except in cases provided for under the Constitution, and that under such Constitutionally allowed conditions of martial law or states of emergency, specific restrictions on rights and freedoms may be established 'with an indication of the period of validity of these restrictions' but that the rights and freedoms provided for in numerous Constitutional articles may not be restricted under any circumstances.

Legal provisions allow bodies authorized by law to remand a person in custody as a temporary preventive measure in the event of an urgent necessity to prevent or stop a crime, the reasonable grounds for which must be verified by a court within 72 hours, according to the report. Because of the country's 'serious economic situation', the holding of suspects and persons under arrest in places of temporary isolation does not always correspond to a generally accepted level, the report concedes, and in order to improve conditions in which convicted persons and detainees are held, 12 correctional labour colonies with 9,000 places have been opened and capacity in places of investigatory isolation has been increased by 10,200 places in recent years.


Introduction of report

OLEXANDER PASENIUK, Deputy State Secretary of the Ministry of Justice of Ukraine, who served as head of the delegation, said a number of changes had occurred in the country; there also were many problems faced by Ukraine. The provisions of the Covenant were fully reflected in the Ukrainian Constitution, adopted in 1996. Revisions were constantly being made to improve human-rights protections. A plenipotentiary or Ombudsman had been appointed for human rights; a Constitutional Court and a number of laws had been established to ensure protection of human rights; and a complex process of judicial reform was under way. A new Criminal Code had been adopted in April; the Civil Procedure Code and other codes governing the system of justice were also being revised. As of June, the procedure for authorization of detention, or remand in custody, had been changed; earlier, this had been the prerogative of the prosecutor's office, but now it was within the competence of the courts.

The number of judges would be increased, in fact practically doubled, Mr. Paseniuk said. Constant attention was being paid to combatting human rights violations and various forms of intolerant behaviour. Still, much remained to be done, among other things to bring national legislation into line with international norms. There were numerous problems and difficulties facing the country.


Discussion

The Ukrainian delegation responded to a series of questions put in writing by the Committee in advance and falling under such general topics as the country's Constitutional and legal framework; non-discrimination; gender equality; the right to life; prohibition of slavery; prohibition of torture; freedom of movement and protection of aliens; privacy; and freedoms of thought, conscience, religion, opinion, and assembly.

Mr. Paseniuk said, among other things, that anyone could appeal court decisions; that Ukrainians made broad use of that right; that with the new system of courts that had taken effect on 20 June this year, the system was based on local courts, appeals courts, and specialized courts, such as courts specializing in economic matters; and that an administrative court would soon be established with the task of directly defending the rights and freedoms of individual citizens. A system would be set up to allow individuals to appeal directly the decisions of State officials affecting them. An Ombudsman's system had been set up three years ago, and this office also was available to field citizens' complaints.

Other members of the Ukrainian delegation also answered questions, saying, among other things, that Ukrainian Constitutional and legislative provisions carried sweeping and thorough prohibitions of any kind of discrimination; that there now was no death penalty in the Ukraine following ratification in April this year of the relevant European human rights instrument; that torture or cruel or inhuman treatment was forbidden; and that a Constitutional provision safeguarded the right of every person to work.

Detention was carefully regulated, the Ukrainian delegation said; respect for every individual was guaranteed by the Constitution, as was freedom of movement; no one could be arrested or detained or deprived of his freedom other than by the decision of a court based on established law. Family life and family privacy were protected under a new family code included in the Civil Code; equality and equal rights of defense before the law were thoroughly established. The President had established a committee to reform the police and other law-enforcement bodies.

The Ukrainian Ombudsman had a high legal status, the delegation said; the Ombudsman had local as well as national power; all persons, including foreigners and asylum-seekers had direct access to the Ombudsman's office; the Ombudsman had a great deal of freedom to undertake concrete action and was understood to have political neutrality. At the beginning, the authorities had not sufficiently understood the nature of the office, which had been created by the Parliament; there was a shortage of funding that hindered the office in doing its work; nonetheless those involved with the office had worked on a voluntary basis and from its first day the institution had been valuable and effective. In three years there had been more than 186,000 individual communications sent to the office. The Ombudsman looked at both individual and collective complaints. The office was open seven days a week, and a hotline had been established from the beginning; persons could call at any time to consult with an expert on human rights. Funding had been a problem, with, year by year, only 25 to 35 per cent of what was needed allocated in the budget; however, there had been foreign support and various Government Ministries had been supportive.

Emergency situations were governed by very precise legislation, the Ukrainian delegation said; emergencies could be declared in such circumstances as military attack against the nation or threats to public health or well-being; a state of emergency could be declared by the President but had to be approved by Parliament; some human rights, but only some, could be curtailed if a special military situation was declared; furthermore, a Presidential decree of a state of emergency had to have a declared time limit. Under states of emergency, such rights as freedom of movement, freedom of expression, freedom of religion and belief, and freedom to join political groups, the right to strike, and the right to peaceful demonstrations and meetings could be curtailed. The right to life, respect for dignity of the human being, the right to freedom, inviolability, the right to a home, and the rights of children -- some 15 Constitutional articles -- could not be curtailed under emergency provisions.

Ukrainians could not be deprived of citizenship and could not be extradited to other countries, the delegation said; non-citizens who were in the country legally received the same protections; haven to non-citizens could be provided based on legislation in force. According to the 1995 census, there were some 47,000 Roma in Ukraine, of several nationalities; efforts had been made to raise education rates and increase employment among the Roma, in many cases with international funding; in the region of the country that had the greatest number of Gypsies, schools had been established with instruction in the Roma language.

Much attention was being paid to illegal immigration, the delegation said, as such immigration could contribute to criminality, the spread of disease, labour abuses, and other problems; simplification of the right to enter the country and the right of foreigners to remain in the country without scrutiny had led to an increase in persons seeking to pass through Ukraine illegally, and to illegally enter western Europe. Many persons, including Crimean Tartars deported during the Soviet era, had repatriated to Ukraine or were seeking to repatriate. Efforts were being made to ensure that formerly deported Tartars were properly settled and were provided with loans for such necessities as housing. Two Tartars currently served in the Government as National Deputies. Programmes for aiding Tartars were limited by the Government's continuing general shortage of funds.

Among protections for women were laws prohibiting their employment in heavy labour or dangerous conditions, the delegation said; other measures applied to pregnant women, protecting their working conditions and providing ample maternity leave. Currently there were 37 women in Parliament -- or some 8 per cent. Some high-level Government positions were held by women, but the number was low -- about 14 per cent. Among lower levels of the civil service, women amounted for over 50 per cent of the posts.

Exportation of women and girls for purposes of sexual exploitation had occurred frequently of late, the delegation said; to prevent this and punish those guilty of it, legislation had been introduced in 1998 to provide criminal penalties for such offences; now such acts were prohibited under article 149 of the new Criminal Code; slavery and trafficking in human beings was criminalized and some 204 cases had been filed; some 83 people had been convicted of trafficking crimes, about half of them women. The Ombudsman had paid attention to the problem as a matter of priority. After the fall of the Berlin Wall, Ukraine had become a transit region for trafficking in persons; the country had signed a series of international agreements with other nations in an effort to combat this increasingly international crime, and the Government continued to battle the problem through domestic and international measures.

Some 30 per cent of those charged with crimes in the year 2000 had been held in pre-trial detention, the delegation said; interrogations were often carried out and the information obtained relayed to the Prosecutor's Office. It was understood that the penitentiary system needed reform; the Ombudsman had among his responsibilities the protection of the rights of those detained or imprisoned; the prisons suffered from drastic overcrowding, although shortages of light and air dating from the Soviet period had been eased. Preventive arrest continued to be a problem; the Ombudsman had found that the treatment of and attitude toward those so arrested was frequently not appropriate, and that often such arrests were not justified.

Some 2,800 juveniles found to have committed crimes were kept in juvenile detention colonies, the delegation said; the system met international standards related to the incarceration of the young; the emphasis in these centres was on education and resocialization.




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