37/16 Report of the Working Group on the Universal Periodic Review - Ukraine
Document Type: Final Report
Date: 2018 Jan
Session: 37th Regular Session (2018 Feb)
Agenda Item: Item6: Universal Periodic Review
GE.17-23488(E)
Human Rights Council Thirty-seventh session
26 February–23 March 2018
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review*
Ukraine
* The annex is being issued without formal editing, in the language of submission only.
United Nations A/HRC/37/16
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-eighth session from 6 to 17
November 2017. The review of Ukraine was held at the 15th meeting, on 15 November
2017. The delegation of Ukraine was headed by the Deputy Minister of Justice for
European Integration, Sergiy Petukhov. At its 18th meeting, held on 17 November 2017,
the Working Group adopted the report on Ukraine.
2. On 13 February 2017, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Ukraine: Georgia, Netherlands and Rwanda.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of Ukraine:
(a) A national report submitted/written presentation made in accordance
with paragraph 15 (a) (A/HRC/WG.6/28/UKR/1 and Corr. 1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/28/UKR/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/28/UKR/3).
4. A list of questions prepared in advance by Belgium, Brazil, Czechia, Germany,
Norway, Portugal, Slovenia, Sweden, Switzerland, the United Kingdom of Great Britain
and Northern Ireland and the United States of America was transmitted to Ukraine through
the troika. These questions are available on the extranet of the universal periodic review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The delegation of Ukraine began by expressing its full support for the universal
periodic review process.
6. Ukraine had adopted its first national human rights strategy in 2015, and a related
action plan, for the period 2015–2020, following consultation with representatives of civil
society.
7. Referring to General Assembly resolutions 68/262 on the territorial integrity of
Ukraine and 71/205 on the situation of human rights in the Autonomous Republic of
Crimea and the city of Sevastopol (Ukraine), the delegation highlighted that the main
human rights challenge at the moment was the illegal annexation of Crimea and the
occupation of parts of Donbas. It expressed the commitment of Ukraine to ensuring that
United Nations and other international human rights mechanisms had a permanent presence
in Crimea to fully monitor the human rights situation there. Ukraine would continue using
all of the measures available to ensure that the Russian Federation complied with the
temporary measures ordered by the International Court of Justice, in particular towards
reinstating the Mejlis, a representative body of the indigenous Crimean Tatars, and ensuring
the availability of education in Ukrainian.
8. The situation in Donbas remained fragile, and the conflict had already claimed more
than 10,000 lives. Ukraine remained committed to the implementation of the ceasefire
agreement and implementation package. The deployment of a full-fledged United Nations
peacekeeping mission in the occupied territory of Donbas would be a real breakthrough in
the process of peaceful settlement. The parliament was currently discussing a draft law on
reintegration of the occupied parts of Donbas.
9. The current situation had led to the internal displacement of more than 1.5 million
persons in the country, 88 per cent of whom had integrated into the receiving communities.
The biggest obstacles to integration were the absence of housing, the absence of regular
income and/or the lack of employment. The delegation stressed the efforts made by Ukraine
to improve the allocation of social benefits to internally displaced persons, underlining that
there was currently no mechanism available to provide such benefits in territories outside
the control of the Government.
10. The issue of gender-based violence was being addressed through awareness-raising
and information campaigns, the provision of assistance to the victims and the prosecution
of offenders. Since October 2016, 26 mobile teams had provided social and psychological
assistance to victims. The delegation underlined the findings of the human rights
monitoring mission in Ukraine on widespread conflict-related sexual violence against
civilians in areas controlled by armed groups in Donbas. Work towards the ratification of
the Council of Europe Convention on Preventing and Combating Violence against Women
and Domestic Violence (the Istanbul Convention) was ongoing.
11. In 2016, the Constitution had been amended to strengthen the independence of the
judiciary, in particular through the elimination of political influence in the process of
establishing courts and appointing judges. Twenty-seven regional free legal aid centres
providing assistance in criminal cases, and 528 local centres providing secondary legal aid
in administrative and civil cases, had been established in 2013 and 2015, respectively.
Since 2015, the list of people entitled to free legal aid had been expanded to include
internally displaced persons, victims of domestic violence, veterans and asylum seekers.
12. Article 124 of the Constitution had been amended to allow for the ratification of the
Rome Statute of the International Criminal Court within three years. Revision of domestic
criminal law with a view to its harmonization with the Statute was under way. In April
2014, following declarations made by the parliament under article 12 (3) of the Statute, the
Office of the Prosecutor of the International Criminal Court had opened a preliminary
investigation into the situation in Ukraine.
13. With regard to corruption, the delegation reaffirmed the commitment of Ukraine to
establishing an anti-corruption court as a separate independent body.
14. Regarding the requirement for non-governmental organizations (NGOs) to release
financial declarations, the Government was working on establishing a system that would
not endanger their activities and independence.
15. The penitentiary system in the Ukraine had been demilitarized. As a consequence of
reforms the prison population had significantly decreased, which had led to the
improvement of conditions in detention facilities. However, overcrowding and poor
conditions of detention remained a problem in pretrial detention facilities. Articles 212 and
213 of the Criminal Procedure Code provided for due process safeguards for detainees, and
an information technology system for custody records was currently being tested.
16. Ukraine remained committed to preventing torture and ill-treatment and prosecuting
the perpetrators. In 2012, a national preventive mechanism had been established as part of
the office of the ombudsperson. Furthermore, an independent State bureau of investigations
had recently been set up to investigate crimes committed by high-ranking officials, judges,
prosecutors and law enforcement officers. The Subcommittee on Prevention of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment had conducted two visits to
the country in 2016, the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment had conducted four visits since 2012, and the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
would undertake a visit soon.
17. In 2014, anti-discrimination legislation in Ukraine had been updated to cover direct
and indirect discrimination and aiding and abetting discrimination, to grant more powers to
the ombudsperson in that area, to prohibit discrimination by private persons and companies
and to introduce a mandatory anti-discrimination review of draft laws. In 2015, a national
focal point for hate crimes had been established within the national police, and the
Government had continued to promote awareness-raising campaigns and encourage the
reporting of hate crimes.
18. Draft law No. 1729 prohibiting lesbian, gay, bisexual and transgender “propaganda”
had been withdrawn from the parliament, and the Labour Code had been amended in 2015
to prohibit discrimination based on sexual orientation and gender identity in employment
and occupation. In 2016, the Ministry of Health had abolished Order No. 60, which had
required extensive psychiatric observation of transgender people before they underwent
gender reassignment surgery. In 2016 and 2017, the Equality March had taken place
peacefully in Kyiv under the protection of the national police.
19. The delegation stressed that Ukraine would continue to engage in inclusive dialogue
with society to ensure that no group, including Roma, was marginalized or discriminated
against. The national strategy on Roma integration had been implemented, extra efforts had
been made to improve the documentation of the Roma population, and school attendance of
Roma children had increased significantly.
20. Recent developments in gender equality included the approval of the national action
plan to implement Security Council resolution 1325 (2000) on women, peace and security;
the establishment of a commissioner for gender equality, ensuring coordination within the
Government on gender-related policies; the adoption of the Law on ensuring equal rights
and opportunities for women and men; the adoption of the Law on political parties, giving
incentives to parties reaching a one-third gender quota in their party list; and the Law on
local elections, providing for a gender quota of 30 per cent. The Ministry of Defence had
increased, in 2016, the number of combat positions open to women, and the Ministry of
Health had announced, in 2017, its intention to abolish Regulation No. 256, which listed
450 professions prohibited for women. Finally, gender-responsive budgeting had been
integrated for the first time in the strategy for the management of public finances for the
period 2017–2021.
21. In 2016, the Constitutional Court had ruled unconstitutional the legal provisions
requiring prior approval for peaceful assemblies. In 2016, the European Commission for
Democracy through Law (the Venice Commission) and Organization for Security and
Cooperation in Europe experts had assessed positively the two draft laws regulating the
right to peaceful assembly currently registered with the parliament.
22. In 2015, the Law on strengthening the guarantees of legitimate professional activity
of journalists had established as a criminal offence obstructing journalists’ activities. The
council for the protection of the professional activities of journalists and freedom of
expression had carried out monitoring in that regard since 2016. The delegation underlined
that in Crimea, freedom of the media had been significantly suppressed, including through
the placement of journalists on the list of “terrorists and extremists”, and the raiding of the
house of a journalist and his conviction on charges of making calls for separatism.
23. The delegation reiterated the State’s commitment to the 2030 Agenda for
Sustainable Development. In 2016 the national baseline report had been approved, adapting
17 Sustainable Development Goals to the national development context.
B. Interactive dialogue and responses by the State under review
24. During the interactive dialogue, 70 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
25. Estonia noted with appreciation the State’s efforts in tackling the very difficult
problems caused by the current situation in eastern Ukraine and in Crimea. It welcomed the
Law on the rights and freedoms of internally displaced persons, and urged Ukraine to
continue to investigate the serious violations and abuses perpetrated during the Maidan
protests and the violence in Odessa.
26. Finland commended Ukraine for the reform work it had started, following the
Maidan protests, on eradicating corruption and reforming the judiciary; however, that
development needed to be strengthened. Finland encouraged Ukraine to revise the Labour
Code to remove articles infringing on women’s rights and to repeal the list of prohibited
occupations and sectors to facilitate women’s access to the labour market.
27. France praised the important reforms adopted in the areas of justice and the fight
against corruption. It remained concerned by the draft bill exhorting, in an intrusive and
unjustified manner, NGOs and civil society organizations to disclose a great amount of
information.
28. Georgia welcomed the State’s ratification of a number of international instruments,
and encouraged Ukraine to accelerate the process of ratification of the Istanbul Convention.
It further welcomed the comprehensive judicial reform undertaken and the measures aimed
at combating discrimination. Georgia raised concerns over the human rights situation in the
temporarily occupied territories.
29. Germany commended the implementation of the recommendations from the
previous review, especially those on the situation of juvenile prisoners. It remained
concerned about some human rights issues.
30. Ghana welcomed, inter alia, the justice sector reform strategy for the period 2015–
2020, the constitutional amendment and the national action plan for the implementation of
the Convention on the Rights of Persons with Disabilities, and the establishment of the
office of the commissioner for gender equality.
31. Greece welcomed, inter alia, the intense reforms of and the constitutional
amendments regarding the judiciary. It deplored the lack of access of the human rights
monitoring mission to the entire territory of Ukraine. Greece remained concerned by the
humanitarian situation in eastern Ukraine and Crimea and by the living conditions of the
indigenous population of Ukrainians of Greek origin.
32. Guatemala noted with concern the State’s notification to the Secretary-General of
the suspension of the application of a number of international instruments, the reported
increase in cases of racially motivated incidents and hate crimes and the lack of adequate
and effective investigations into those crimes.
33. Honduras welcomed the progress made in the implementation of the
recommendations of the second review. It raised concerns about, inter alia, discrimination
on the basis of sexual orientation and gender identity, the increase in racially motivated
incidents and hate crimes and summary executions to which the population trapped in the
armed conflicts was exposed.
34. Hungary took note of the positive steps taken by Ukraine to promote and protect
human rights, including the constitutional amendments regarding an independent judiciary.
It raised concern about article 7 of the Law on education, and called on Ukraine not to
restrict the substance of the fundamental right of minorities to receive education in their
mother tongue.
35. India welcomed, inter alia, the adoption of constitutional amendments and the
national action plan for the implementation of the Convention on the Rights of Persons with
Disabilities. It noted with concern the absence of a law covering the specific crime of
domestic violence, and the discrimination faced by Roma people who were not fully
integrated.
36. Indonesia welcomed the ratification of several international instruments, and the
measures taken to prevent human trafficking, including the State social programme on
combating trafficking in human beings for the period 2016–2020.
37. Iraq welcomed the constitutional amendments aimed at improving the human rights
situation. It noted with satisfaction the re-accreditation of the ombudsperson’s office with
“A status”, as well as the ratification of several human rights instruments and the adoption
of the strategy to reform the justice system.
38. Ireland commended the State’s continued cooperation with international human
rights mechanisms, and acknowledged the progress made to advance human rights against a
difficult backdrop. Ireland was particularly concerned about conflict-related sexual violence
against men and women, as documented by OHCHR.
39. Italy welcomed the approval of the national strategy for human rights and the related
action plan, the constitutional amendments introduced to strengthen judicial independence
and the intention of the Ministry of Health to abolish regulation No. 256, which listed 450
professions prohibited for women.
40. Latvia commended the level of cooperation between the Government and the human
rights monitoring mission in Ukraine. It welcomed the adoption of the national human
rights strategy and action plan, and reiterated its concerns regarding the human rights
situation in eastern Ukraine and Crimea.
41. Lithuania stated that violations of human rights and international humanitarian law
had become routine in Crimea and in Donbas.
42. Madagascar highlighted that, despite the difficulties faced by Ukraine in recent
years, the Government had taken several steps to improve the human rights situation by
ratifying several international instruments and undertaking constitutional and legislative
measures on gender equality and against discrimination.
43. Malaysia commended Ukraine for its various efforts to promote and protect human
rights, in particular the State social programme for combating trafficking in human beings
and the good partnership forged between the Government and civil society in implementing
measures to combat human trafficking.
44. Maldives welcomed the recent constitutional amendments enabling a comprehensive
judicial reform process, and the national strategy for human rights for the period 2015–
2020.
45. Mexico welcomed the creation of the office of the commissioner for gender equality,
and the amendment to the Labour Code explicitly prohibiting discrimination based on
sexual orientation and gender identity in the workplace.
46. Mongolia welcomed the amendments to the Constitution and other legislative and
institutional changes. It encouraged Ukraine to provide the coordinating council on juvenile
justice and the juvenile probation centres with adequate human and financial resources.
Mongolia expressed concern about the prevalence of domestic and sexual violence in the
country.
47. Montenegro welcomed the constitutional amendments that had created the legal
conditions for comprehensive judiciary reform. It encouraged Ukraine to improve its efforts
to conduct effective investigations of all acts of racially based discrimination and hate
crimes, and to improve its juvenile justice system.
48. Namibia applauded the constitutional amendments that had provided a basis for a
comprehensive judicial review process and had created the legal conditions for an
independent judiciary, and noted the adoption of the strategy for poverty reduction for the
period 2016–2020.
49. The Netherlands commended the State’s positive response to the recommendations
it had received in previous reviews, and acknowledged its sustained efforts to implement
reforms in a number of areas, including the judiciary. It called upon Ukraine to accelerate
the pace of reform.
50. The delegation of Ukraine indicated that the Law on education guaranteed the right
of national minorities to learn and study in their mother tongue in preschool and primary
school, while also studying Ukrainian as a subject, and that bilingual education was
available at the secondary level. It engaged in bilateral cooperation with neighbouring
countries on the implementation modalities of the Law.
51. The implementation of the national immunization programme was a priority for
Ukraine, which was providing vaccines through the United Nations Children’s Fund
(UNICEF). A related action plan for the period 2017–2020 had been approved, containing
an appeal to international organizations to provide Ukraine with a sufficient number of
doses of inactivated poliovirus vaccine. Immunization against measles was also taking
place.
52. A strategy for the protection and integration of the Roma national minority into
Ukrainian society, for the period 2013–2020, and a related action plan were being
implemented. In 2015, an interministerial working group had been created, with the
participation of five Roma NGOs. Progress had been made regarding the provision of
identification documents for Roma people and the number of Roma pupils attending
secondary school. A day — 2 August — had been designated for the commemoration of the
Roma holocaust, and a monument had been erected in Kyiv at the site of a massacre of
Roma people that had occurred during World War II.
53. Over the past two years, the number of identified victims of human trafficking
receiving assistance had increased by 1.5 times. A law had been adopted to amend the
definition of human trafficking in accordance with the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children, supplementing the United
Nations Convention against Transnational Organized Crime. All victims had the right to
protection during criminal proceedings and to social assistance. In 2017, there had been a
threefold increase in one-time financial assistance for victims.
54. In response to a question on gender inequality in political and economic areas,
Ukraine stated that a gender component had been included in its strategic documents,
including a strategy to fight poverty and the relevant plan of action. To reduce the gender
pay gap, measures had been taken to increase remuneration in the public sector, where
women were predominantly engaged.
55. In response to several questions, Ukraine stated that it had developed a new law on
combating domestic violence on the basis of best practices and with the involvement of
health-care and education experts. Furthermore, the Government had established shelters
for victims of domestic violence.
56. Nicaragua welcomed the legislative policies and measures taken to promote gender
equality, prevent and combat discrimination, prevent torture and ill-treatment and improve
the situation of persons with disabilities, as well as the ratification of various international
instruments.
57. Norway commended Ukraine for the general progress made in legislation promoting
human rights. It expressed deep concern about the violations of human rights and
humanitarian law in eastern Ukraine and the continued support from the Russian Federation
to the separatists. It stressed that a diverse civil society was vital for the development of a
healthy democracy.
58. Poland referred to grave violations of human rights and humanitarian law in Crimea
and eastern Ukraine perpetrated since the previous review. It welcomed the efforts made by
Ukraine to protect those who were most vulnerable, including internally displaced persons
and Crimean Tatars.
59. Portugal welcomed the re-accreditation of the ombudsperson’s office with “A
status”, in line with the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles), and the adoption of the
constitutional amendments relating to membership in the International Criminal Court.
60. The Republic of Korea commended Ukraine for the assistance provided to internally
displaced persons and the efforts made in strengthening the independence of the judiciary
and improving the criminal justice system since 2012.
61. The Republic of Moldova stated that Ukraine had shown resilience and resolve in
the face of unimaginable challenges since 2012. It remained concerned by the conflict-
related human rights violations, including cases of arbitrary detention, allegations of
torture, sexual violence and limitations on freedom of movement and freedom of
expression.
62. Romania commended the efforts made by Ukraine to ensure safeguards for human
rights and fundamental freedoms, including the rights and freedoms of citizens in Crimea
and eastern Ukraine. It acknowledged the cooperation of the Government with international
human rights mechanisms.
63. The Russian Federation stated that it was deeply concerned at the worsening of the
human rights situation in Ukraine, where impunity was flourishing for law enforcement
authorities involved in human rights violations. It said that the space for the free expression
of views had shrunk catastrophically, and raised concern at the absence of an independent
judiciary.
64. Saudi Arabia praised Ukraine for the steps taken to promote and protect human
rights. It commended the appointment of the commissioner for the rights of persons with
disabilities, and the establishment of the national anti-corruption bureau and the specialized
anti-corruption prosecutor’s office.
65. Senegal noted with satisfaction the constitutional amendments allowing the
ratification of the Rome Statute. It praised the reform of the national health system and the
adoption of the 2012 anti-discrimination law.
66. Sierra Leone noted that, despite the complex challenges faced by Ukraine due to the
conflict in the east, the Government had taken various progressive measures. It encouraged
the Government to develop strategies to investigate and prosecute cases of sexual violence
more effectively.
67. Slovakia commended the efforts made by Ukraine to improve the legislative
framework for human rights and welcomed, inter alia, the constitutional amendments
adopted, the national human rights strategy and the national plan of action for the
implementation of the Convention on the Rights of the Child.
68. Slovenia welcomed steps taken by Ukraine regarding its reform agenda. It noted
that, despite the Government’s strengthened efforts, the issue of corruption had yet to be
properly addressed. It expressed concern that legislation on combating sexual and domestic
violence and on equal rights for women and men had not been fully implemented.
69. Spain noted with satisfaction the signing of the Istanbul Convention. It welcomed,
inter alia, the importance given by Ukraine to the women, peace and security agenda, and
the adoption in 2016 of the first national plan in that connection.
70. Sweden expressed concern regarding domestic violence and continued sexual
violence in the Government-controlled parts of eastern Ukraine, as well as widespread
incidents of hate crime and related impunity. It welcomed steps taken to strengthen the
rights of lesbian, gay, bisexual, transgender and intersex persons.
71. Switzerland commended Ukraine for its collaboration with OHCHR and underlined
the importance of the implementation of the recommendations it had received, including
those relating to Crimea and other territories not under the Government’s control.
72. The Syrian Arab Republic expressed deep concern at human rights violations carried
out by Ukrainian armed forces, including the indiscriminate shelling of residential areas,
hospitals, schools and other civilian installations, extrajudicial killings, disappearances, and
torture in government detention facilities and in areas controlled by loyal militia.
73. Thailand welcomed, inter alia, the strengthening of the ombudsperson’s office in
line with the Paris Principles, the justice sector reform, the appointment of the
commissioner for the rights of persons with disabilities and the efforts made towards the
empowerment of women, while noting that violence against women was prevalent.
74. Turkey welcomed the ratification of, inter alia, the Istanbul Convention, and efforts
to implement comprehensive judicial reform and to combat corruption. It highlighted the
importance of establishing a legal status for Crimean Tatars.
75. The United Kingdom welcomed the significant progress made by Ukraine on human
rights, and expressed concern about the human rights situation in eastern Ukraine and
Crimea.
76. The United States commended reform efforts made by Ukraine since 2014, and
raised concerns about the human rights situation in Crimea and occupied parts of Donbas; it
also raised concerns about the threats posed by Russian influence campaigns, but also about
the human rights implications of certain steps taken by Ukraine to counter them.
77. Uruguay encouraged Ukraine to ratify the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families. It
welcomed steps taken against discrimination, including the expansion of the mandate of the
ombudsperson, and the modification of the Labour Code to prohibit discrimination on the
basis of sexual orientation and gender identity.
78. The delegation of Ukraine indicated that an investigation by the Prosecutor General
into the crimes committed during the protests that had taken place between November 2013
and February 2014 had led to 50 indictments of 116 people and the sentencing of 12 people.
To ensure transparent investigations, the Government had launched a register of criminal
proceedings for crimes committed during the revolution of dignity. The investigation of the
events in Odessa was in the hands of the Prosecutor General’s Office, with a focus on
misconduct by the police. In that regard, three people had been indicted and four were
being sought.
79. In 2017, the Prosecutor General’s Office had submitted 22 indictments to courts
against 32 law enforcement officers for use of torture.
80. Regarding investigations of crimes committed in the context of antiterrorist
operations, the chief military prosecution had revealed numerous violations of article 75 (2)
of the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the
protection of victims of international armed conflicts, and had identified more than 3,000
illegally detained people who had been subjected to torture. With regard to investigations of
sex-related crimes perpetrated by law enforcement officers, the delegation referred to the
investigation of the Tornado battalion case, which had led to the sentencing of three people
for torture and sexual crimes.
81. Regarding the reform of the Prosecutor General’s Office, the inspectorate general
had been established, which had led to the investigation of 60 prosecutors on corruption
grounds, and a qualification and disciplinary commission, in charge of employment and
dismissal in the prosecutors’ offices, had been introduced. A road map for the reform of the
Prosecutor General’s Office, drafted with the Council of Europe and the European Union,
had been signed.
82. Ukrainian authorities had provided training on international humanitarian law for the
leadership of the national armed forces, and were conducting a thorough campaign to
prevent gender and sexual violence by the armed forces. More than 4,000 preventive
workshops had been organized.
83. With regard to preventing torture by and misconduct of police, more than 60 police
stations and 150 temporary detention facilities had been equipped with closed circuit
televisions. The national police had created an information system to document complaints
and physical injuries of detainees. A human rights department had been established within
the national police, and prevention of torture and misconduct had been included in training
courses for the police.
84. With regard to the recommendations made by the Russian Federation, Ukraine
believed that those were actually relevant to the parts of Ukraine occupied and annexed by
the Russian Federation. It was in Crimea where impunity and ethnic and religious
discrimination were flourishing, and where the right to be educated in one’s native
language was being blatantly violated. The delegation stressed that the Russian Federation
supported separatist groups in Donbas, and that the international team that had investigated
the crash of flight MH17 had come to the conclusion that the aircraft had been shot down
by a Buk missile system brought from the Russian Federation. The delegation urged the
Russian Federation to respect international humanitarian and human rights law in the
territories under its control.
85. Regarding a question on demining and rehabilitation in the Donetsk and Luhansk
regions, the delegation stated that the armed forces had concluded the rehabilitation of
infrastructure in 9 of 12 priority areas, and that the 3 remaining areas required yet another
demining operation owing to constant ceasefire violations.
86. Referring to comments made by the Russian Federation and the Syrian Arab
Republic, the delegation underscored that illegal armed groups in Donbas continued to
violate the ceasefire agreement, including through the use of heavy artillery. As of 2017,
more than 14,000 cases of ceasefire violation had been recorded.
87. The Bolivarian Republic of Venezuela expressed concern regarding shortcomings in
the area of health, discrimination against national minorities, the increase in hate speech,
ill-treatment by the police and the level of women’s unemployment.
88. Afghanistan commended Ukraine for amending the Law on principles of preventing
and combating discrimination, and for ratifying a series of international instruments, in
particular several International Labour Organization conventions.
89. Algeria welcomed measures to extend the mandate of the ombudsperson to cases of
discrimination, to implement a national action plan on the rights of persons with disabilities
and to establish a national agency for the prevention of corruption.
90. Andorra welcomed the efforts made by Ukraine to promote and protect women’s
rights, including the establishment of mobile teams to provide assistance to victims of
domestic violence and the police’s POLINA pilot project to deploy mobile response groups
against domestic violence in three cities.
91. Angola commended Ukraine on its implementation of the recommendations of the
previous review and for its commitment to the promotion and protection of human rights.
92. Argentina welcomed the ratification by Ukraine of the International Convention for
the Protection of All Persons from Enforced Disappearance, and efforts to combat
discrimination.
93. Australia, reiterating its commitment to the territorial integrity of Ukraine, expressed
concern at the disproportionate effect of the conflict on civilians, at legislative and
institutional limitations with respect to countering gender-based violence and advancing
gender equality, at reports of continued judicial corruption and failure to fully investigate
human rights violations, and at reported increases in trafficking in persons.
94. Austria welcomed the judicial sector reform and the creation of an enabling
environment for media professionals. It raised concerns about, inter alia, recurring reports
of torture and ill-treatment and other human rights violations by law enforcement officials
and by parties in the conflict in eastern Ukraine.
95. Azerbaijan welcomed the ratification by Ukraine of a number of international
instruments, the adoption of the justice sector reform strategy for the period 2015–2020,
and the commitment to the 2030 Agenda.
96. Belgium welcomed the important efforts made by Ukraine in the field of human
rights. It called on all parties to respect human rights in the eastern territories and in
Crimea, and to grant full access to the human rights monitoring mission in Ukraine.
Belgium expressed concern at the extent of violence against women.
97. Bosnia and Herzegovina expressed concern at the prevalence of violence against
women, in particular domestic and sexual violence. It welcomed the ratification of the
Optional Protocol to the Convention on the Rights of the Child on a communications
procedure and the Council of Europe Convention on the Protection of Children against
Sexual Exploitation and Sexual Abuse.
98. Brazil commended the adoption of the Law on principles of preventing and
combating discrimination, the national strategy for human rights, the establishment of the
national preventive mechanism against torture, and the ongoing process to establish the
State bureau of investigation.
99. Bulgaria commended the progress achieved by Ukraine despite the adverse effects
of the armed conflict. It remained concerned at the high number of casualties, particularly
among the civil population, and at the humanitarian situation of people living along the
conflict line. It welcomed the submission of the Law on education to the Venice
Commission for its expert opinion.
100. Canada welcomed the concrete steps taken by Ukraine improve its adherence to
international human rights standards, including the adoption of the national human rights
strategy and the efforts made towards gender equality.
101. Chile welcomed the establishment of a commissioner for the rights of people with
disabilities and the justice sector reform strategy, but expressed concern at the prevalence
of discrimination and hate speech against lesbian, gay, bisexual, transgender and intersex
persons.
102. China commended the efforts made by Ukraine to promote and protect human
rights, including by combating racial discrimination, promoting gender equality, protecting
the rights of vulnerable groups, such as women, children and persons with disabilities, and
combating human trafficking. China noted that the State’s social security system could be
further improved, and stated that corruption still existed in the judicial system.
103. Côte d’Ivoire welcomed a number of positive measures in the field of human rights,
including the renewal of the “A status” of the office of the ombudsperson, and the adoption
of the national human rights action plan.
104. Croatia welcomed the creation of the Ministry for Temporarily Occupied Territories
and Internally Displaced Persons and the establishment of the commissioner for gender
equality. It expressed concern at remaining stereotypes with respect to the roles of women
in society and the family and at violence against women.
105. Czechia thanked the delegation for the comments made on some of its advance
questions.
106. Denmark noted the positive steps taken by Ukraine to protect and promote human
rights. It expressed concern at the prevalence of violence against women and at the apparent
shrinking of civil society space, including as a result of threats and violent attacks and
inhibitive bureaucratic requirements and restrictions.
107. Ecuador welcomed the efforts made by Ukraine to implement the recommendations
of the second review, in particular the modification of the Law on education to create better
access to education for persons with special needs.
108. Egypt stated that it had followed the positive developments in Ukraine, including the
constitutional amendments, the launching of the justice sector reform, the establishment of
the national preventive mechanism against torture and the creation of an ombudsperson for
gender equality.
109. Haiti welcomed the efforts made by Ukraine to improve its human rights record,
despite the many challenges, noting in particular the strengthening of the national anti-
corruption bureau and the establishment of the specialized anti-corruption prosecutor’s
office.
110. The delegation of Ukraine indicated that the high council of justice, a new
constitutional body, had the authority over personnel issues in the judiciary, including
disciplinary and liability issues. A procedure assessing the qualification of judges had
started recently.
111. Ukraine strongly supported the establishment of an anti-corruption court, and a
working group had been set up to draft a bill in that regard. In July 2017, the President had
submitted to the parliament a draft law on the abolition of e-declarations by NGOs.
112. In response to questions regarding the declaration of derogation from provisions of
the International Covenant on Civil and Political Rights, the delegation said that the
Government had notified the Secretary-General that it could not fully guarantee the
application and implementation of all human rights in Crimea and the occupied parts of
Donbas, or in the parts of Donbas under its control. An interministerial commission had
been established to review the scope, duration and substance of the derogation.
113. In response to two questions, the delegation stressed that poverty eradication was
one of the strategic priorities, and that unemployment had been on the decline, particularly
among young people.
114. Another priority was to ensure child protection through the drafting of the national
action plan on the implementation of the Convention on the Rights of the Child. Laws and
regulations had been adopted to provide special status for children affected by armed
conflict. Ukraine also monitored the situation of internally displaced persons, creating a
dedicated comprehensive social protection programme and a draft strategy on their
integration, and introducing long-term solutions for internal displacement.
115. To conclude, the delegation thanked all the delegations that participated
constructively in the interactive dialogue.
II. Conclusions and/or recommendations
116. The following recommendations will be examined by Ukraine, which will
provide responses in due time, but no later than the thirty-seventh session of the
Human Rights Council:
116.1 Ratify the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights (Montenegro) (Portugal);
116.2 Ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families (Afghanistan)
(Honduras) (Bolivarian Republic of Venezuela);
116.3 Ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families (Senegal);
116.4 Ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families at the earliest
convenience (Ghana);
116.5 Ratify and accede to the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families (Sierra
Leone);
116.6 Ratify promptly the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families
(Guatemala);
116.7 Consider ratifying the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families (Indonesia);
116.8 Ratify the Rome Statute of the International Criminal Court
(Estonia);
116.9 Expedite the ratification of the Rome Statute of the International
Criminal Court (Latvia);
116.10 Swiftly ratify the Rome Statute of the International Criminal Court
(Austria);
116.11 Consider ratification of the Rome Statute of the International
Criminal Court (Lithuania);
116.12 Accede and adapt its national legislation to the Rome Statute of the
International Criminal Court (Guatemala);
116.13 Accede and adapt its national legislation to the Arms Trade Treaty
and sign the Treaty on the Prohibition of Nuclear Weapons (Guatemala);
116.14 Ratify and fully implement the International Labour Organization
Protocol to the Forced Labour Convention, 1930 (United Kingdom of Great
Britain and Northern Ireland);
116.15 Ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169)
(Senegal);
116.16 Ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169)
of the International Labour Organization (Guatemala);
116.17 Take further necessary measures and accede to The Hague
Convention on Protection of Children and Cooperation in respect of
Intercountry Adoption, as previously recommended (Ireland);
116.18 Ratify the Convention on Cluster Munitions (Chile);
116.19 Ratify the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence (the Istanbul
Convention) (Bosnia and Herzegovina) (Chile) (Estonia) (Montenegro)
(Norway) (Slovenia) (Spain) (Turkey);
116.20 Ratify the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence without further
delay (Denmark);
116.21 Ratify as soon as possible the Council of Europe Convention on
Preventing and Combating Violence against Women and Domestic Violence
(the Istanbul Convention) (Andorra);
116.22 Urgently ratify and implement the Istanbul Convention on
preventing and combating violence against women and domestic violence
(Austria);
116.23 Expedite the ratification of the Istanbul Convention and criminalize
domestic violence in order to provide more comprehensive coverage for
combating violence against women and girls (Sierra Leone);
116.24 Consider ratification of the Council of Europe Convention on
Preventing and Combating Violence against Women and Domestic Violence
(the Istanbul Convention) (Lithuania);
116.25 Ratify the European Convention on the Compensation of Victims of
Violent Crimes (Chile) (Slovenia);
116.26 Establish a mechanism for the periodic and independent review of
the necessity and the proportionality of measures taken in derogation from
Ukraine’s obligations under human rights conventions of the United Nations
and the Council of Europe (Belgium);
116.27 Intensify cooperation with the international community in order to
ensure access of international human rights and humanitarian actors and
monitoring mechanisms to the whole territory of Ukraine within its
internationally recognized borders with the aim to monitor, report on and
address the human rights situation (Georgia);
116.28 Increase the resources allocated to the new Ministry for Temporarily
Occupied Territories and Internally Displaced Persons (Greece);
116.29 Increase the human and financial resources of the Ministry for
Temporarily Occupied Territories and International Displaced Persons in
order to fulfil its mandate fully (Croatia);
116.30 Review the procedure for the selection of the ombudsman and, more
broadly, the selection, training and status of judges, taking into account the
recommendations of the Venice Commission (France);
116.31 Secure sufficient resources for the ombudsperson’s office so that it
can fully carry out its functions (Slovakia);
116.32 Allocate the necessary human, technical and financial resources for
the strengthening of the office of the ombudsman (Honduras);
116.33 Ensure effective coordination between the activities of the expert
council of ethnic policy and the action plan for the implementation of the
national strategy for human rights with a view to ensuring non-discrimination
(Romania);
116.34 Fully implement its 2015 national human rights strategy, including
with respect to protecting the rights of internally displaced persons; ending
discrimination based on gender and sexual orientation through the ratification
of the Istanbul Convention; and addressing hate crimes through a strengthened
criminal justice framework (Canada);
116.35 Carry out awareness programmes and sensitivity training on violence
and discrimination for law enforcement, judicial and other authorities to
prevent discrimination in society based on sexual orientation or gender
(Finland);
116.36 Continue maintaining its strong will to take necessary steps where
further improvement and harmonization with international standards is
needed (Turkey);
116.37 Continue the implementation of its legislative and institutional
framework to protect and advance human rights, to ensure practical
improvements on the ground (Australia);
116.38 Strengthen measures aimed at fighting discrimination (Argentina);
116.39 Continue strengthening the legislative framework for the prevention
and combating of racial discrimination and prejudiced-based practices
(Uruguay);
116.40 Amend the legal definition of discrimination so that it includes a
comprehensive list of banned reasons for discrimination (Czechia);
116.41 Continue efforts to fight discrimination in all spheres of life, also
taking measures against all expressions and manifestations of prejudices, such
as hate speech, racism and xenophobia (Nicaragua);
116.42 Adopt immediately all measures aimed at preventing discrimination
and prosecution on ethnic or religious grounds (Russian Federation);
116.43 Create effective institutional mechanisms to combat all forms of
racial discrimination, xenophobia, racism and incitement to hatred (Senegal);
116.44 Conduct public campaigns to promote cultural diversity and
tolerance towards minorities and victims of hate crimes (Sierra Leone);
116.45 Conduct public campaigns to promote cultural diversity and
tolerance and establish a governmental monitoring mechanism for such crimes
(Côte d’Ivoire);
116.46 Further ensure the promotion and protection of cultural diversity
and tolerance within society through effective measures, including public
campaigns (Afghanistan);
116.47 Strongly condemn hate speech, adequately investigate racist hate
speech and racially motivated violence and prosecute the perpetrators
(Guatemala);
116.48 Enforce the strictest standards on banning political declarations and
programmes encouraging racism, xenophobia and hate speech or inciting to
hatred or intolerance, including of an ethnic or religious nature (Côte d’Ivoire);
116.49 Continue its efforts to address discrimination based on race, national
identity or religious belief and to promote cultural diversity and tolerance,
including through the implementation of article 161 of the Criminal Code
(Indonesia);
116.50 Take necessary measures to combat xenophobia, racism and
discrimination in public speech (Iraq);
116.51 Take effective measures to combat hate speech and acts of hate
relating to ethnic origin or sexual orientation (Belgium);
116.52 Continue to work on effective measures to ensure legal and judicial
advances in the fight against hate crime, including hate crime related to racial
discrimination or sexual orientation and gender identity (Brazil);
116.53 Prohibit political statements and platforms that promote racism,
xenophobia, hate speech, or speech aimed at inciting hatred or intolerance
towards ethnic, religious or any other minorities (Ecuador);
116.54 Adopt a specific policy to prevent and combat the increase in racist
hate speech and crimes motivated by racial prejudice, the summary,
extrajudicial or arbitrary executions to which the population in the midst of the
armed conflicts is exposed, and sexual offences in the country (Honduras);
116.55 Put an end to the glorification of Nazi criminals and other complicit
persons, including Stepan Bandera and Roman Shukhevych (Russian
Federation);
116.56 Ensure the observance of the principles of international
humanitarian law by all parties in conflict (Spain);
116.57 Abstain from any practice that could endanger the lives of civilians
(Norway);
116.58 Put an end to violations and atrocities committed by governmental
and loyalist forces in the context of the internal conflict in eastern Ukraine
(Syrian Arab Republic);
116.59 Take serious measures to resolve the conflict in a peaceful manner by
complying with the Government’s obligations under the Minsk package of
measures and by initiating their implementation (Syrian Arab Republic);
116.60 Simplify access to public administrative services for Crimean
residents and enable Ukrainian citizens to move smoothly between Crimea and
the rest of Ukraine, recognizing General Assembly resolutions 68/262 and
71/205 and Ukraine’s sovereignty over Crimea (United Kingdom of Great
Britain and Northern Ireland);
116.61 Support efforts to prevent human rights abuses in Crimea and
Donbas by facilitating access for monitors, human rights defenders, journalists,
and lawyers, and investigate thoroughly any credible allegations of abuses by
Ukrainian forces, and use all appropriate methods to promote accountability
for abuses (United States of America);
116.62 Follow the recommendations made by OHCHR regarding the human
rights situation in the conflict-affected areas of eastern Ukraine, particularly
with respect to due process, the treatment of prisoners and detainees, and
gender-based and sexual violence (Canada);
116.63 Use all existing instruments and mechanisms to protect the human
rights and freedoms of Ukrainian citizens living on the temporarily occupied
territories of Ukraine while taking political and diplomatic steps aimed at
restoring Ukraine’s territorial integrity within its internationally recognized
borders (Georgia);
116.64 End immediately the economic and military blockade of Donbas, stop
shelling its territory, and fully implement social and human rights obligations
towards the region’s inhabitants (Russian Federation);
116.65 Fully integrate provisions on the criminalization of enforced
disappearance into its national legislation (Slovakia);
116.66 Take measures to incorporate into its national legislation the crime of
enforced disappearance (Argentina);
116.67 Take steps to investigate all allegations of enforced disappearance
and to prevent and prosecute cases of torture and illegal detention (Italy);
116.68 Include a definition of torture in the Criminal Code in full
compliance with article 1 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and investigate all
allegations of torture and ill-treatment in an impartial, thorough, transparent,
efficient and effective manner so as to bring perpetrators to justice and fight
impunity (Republic of Moldova);
116.69 Grant the national preventive mechanism the legal authority and the
practical means, including financial, to access all places where the mechanism
suspects that persons are deprived or may be deprived of liberty, in accordance
with article 4 of the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (Switzerland);
116.70 Increase resources to protect the rights and living conditions of
people in detention and prisoners (Republic of Korea);
116.71 Continue efforts to improve the situation of prisoners, in particular in
pretrial detention, by, inter alia, increasing the minimum space attributed to
each prisoner, allocating necessary financial means, increasing custodial staff
and ensuring necessary medical treatment (Germany);
116.72 Continue its efforts in combating human trafficking, including
through training for law enforcement officials and cooperation with countries
of transit and destination (Indonesia);
116.73 Intensify efforts to combat human trafficking and provide adequate
resources to increase the quality of services provided for victims of trafficking
(Malaysia);
116.74 Strengthen existing law and practice to counter trafficking in human
beings for sexual and labour exploitation, particularly of young women,
focusing also on the situation in conflict-affected areas where the risk of being
exposed to sexual violence or trafficking is higher (Poland);
116.75 Continue efforts to prevent human trafficking and protect the rights
of victims, and provide them with necessary assistance (Egypt);
116.76 Consider allocating adequate funding to anti-trafficking initiatives in
order to ensure the successful implementation of the national action plan for
the period 2016-2020 (Maldives);
116.77 Stop illegal practices targeting memorials and sacred religious places
of national and religious minorities (Syrian Arab Republic);
116.78 Uphold and respect the rights of all religious communities to their
institutional autonomy, their property and their procedures at all times
(Greece);
116.79 Ensure that no unnecessary or arbitrary legal or administrative
restrictions on the legitimate work of civil society are in effect (Denmark);
116.80 Guarantee the right to freedom of opinion and expression in all its
territory, as well as active participation of society and media in public affairs
(Mexico);
116.81 Review the repressive governmental policy designed to suppress the
functioning of independent media, journalists and bloggers (Russian
Federation);
116.82 Ensure a greater involvement of public powers to guarantee the free
exercise of freedom of expression and of the media, as these freedoms
contribute to accountability in cases of human rights violations (Spain);
116.83 Coordinate with international experts to conduct a review of recent
legislation and decrees concerning the media and civil society, to determine
whether these measures are consistent with Ukraine’s international obligations
(United States of America);
116.84 Adopt legislation that is conducive to the development and
safeguarding of today’s strong and vibrant NGO community in Ukraine
(Norway);
116.85 Further strengthen the protection of journalists, human rights
defenders and individuals to ensure their rights to freedom of opinion and
expression. It is crucial that crimes against media professionals do not go
unpunished (Netherlands);
116.86 Further strengthen the legislative environment for journalists and
media outlets, take additional measures for their safety, and tackle impunity
for attacks on journalists (Greece);
116.87 Ensure respect for freedom of expression, in particular with regard
to journalists, associations and non-governmental organizations defending
fundamental rights, including the rights of lesbian, gay, bisexual, transgender
and intersex persons (France);
116.88 Strengthen the protection of journalists and investigate those
responsible for spreading personal data of journalists and inciting attacks
against them. Investigate and prosecute as a matter of priority killings of
journalists, such as that of Pavel Sheremet (Czechia);
116.89 Continue to improve the respect of the freedom of expression and the
protection of journalists, within the framework of the media legislation, which
is hampering freedom of expression through the inclusion of broadcasting
thresholds in languages belonging to national minorities (Romania);
116.90 Ensure the safety of journalists and civil society activists by
protecting them against unlawful interference and threats (Republic of Korea);
116.91 Guarantee the safety of human rights defenders and journalists and
ensure they can freely exercise their activities (Italy);
116.92 Ensure that legislation on the declaration of assets by non-
governmental organizations does not weaken civil society and does not
unnecessarily compel the disclosure of intrusive information (France);
116.93 Ensure free functioning of political parties, including those in the
opposition (Russian Federation);
116.94 Ensure that judges, lawyers and other justice professionals are fully
protected from threats, intimidation and other external pressures that seek to
challenge and threaten their independence and impartiality (Netherlands);
116.95 Take urgent measures to re-establish the independence of the
judiciary (Russian Federation);
116.96 Ensure that judges of the Supreme Court are not subjected to any
form of political influence in their decision-making and that their appointment
is transparent (Slovenia);
116.97 Increase its efforts to ensure fair and effective judicial processes,
particularly with regard to human rights abuses (Australia);
116.98 Continue its efforts to improve access to justice for all Ukrainians
(Azerbaijan);
116.99 Guarantee access to justice, due process and fair reparation
mechanisms without any discrimination, in compliance with international
human rights law (Ecuador);
116.100 Take steps to end impunity for perpetrators of human rights
violations (Hungary);
116.101 Finalize the establishment of the State bureau of investigations and
accord it the resources and independence needed to investigate crimes
committed by public officials, judges and law enforcement officers, thereby
addressing impunity (Namibia);
116.102 Implement the recommendations contained in the latest report by the
human rights monitoring mission in Ukraine of September 2017, notably to
develop a national mechanism to make available to civilian victims of the
conflict adequate, effective, prompt and appropriate remedies, including
reparation (Austria);
116.103 Carry out an immediate and independent investigation into the
events in Odessa in May 2014 and bring those responsible to justice (Russian
Federation);
116.104 Ensure progress in the investigations into the murders committed
during the Maidan revolution in Odessa in May 2014, and into the murder of
journalist Pavel Sheremet on 20 July 2016 (France);
116.105 Conduct thorough, independent and impartial investigations into all
cases of the use of torture and arbitrary detention by law enforcement agencies
(Russian Federation);
116.106 Investigate all allegations of torture and ill-treatment, including
against persons detained for reasons linked to the conflict, in accordance with
its international obligations (Switzerland);
116.107 Further improve the investigation of allegations of torture and ill-
treatment, as well as of disproportionate use of force by security personnel, and
ensure the prosecution of perpetrators (Brazil);
116.108 Continue to seek effective ways, through international mechanisms,
to hold to account those responsible for violations of human rights and
international humanitarian law in those parts of Ukraine which are de facto
controlled by the Russian Federation (Lithuania);
116.109 Ensure that human rights violations, including extrajudicial killings,
illegal detentions, torture and gender-based violence, committed by all sides in
the Russian-instigated conflict in eastern Ukraine are recorded, investigated
and the perpetrators brought to justice (United Kingdom of Great Britain and
Northern Ireland);
116.110 Ensure that the justice sector reform strategy for 2015–2020 is
further implemented to improve access to justice, strengthen independence and
eliminate corruption (Austria);
116.111 Combat corruption in the judicial system and promote justice
(China);
116.112 Take the necessary measures to combat corruption, address its causes
and eradicate its roots (Iraq);
116.113 Address the root causes of corruption as a matter of priority
(Hungary);
116.114 Create a special anti-corruption court and ensure its proper
functioning (Estonia);
116.115 Establish a separate independent anti-corruption court to further
strengthen the independence of the judiciary and the rule of law (Finland);
116.116 Step up efforts to combat corruption and adopt all necessary
legislative and policy measures to effectively combat corruption, taking into
account the opinion of the Venice Commission on the establishment of a high
anti-corruption court (Netherlands);
116.117 Increase efforts to fight corruption effectively; the national anti-
corruption bureau and the specialized anti-corruption prosecutor’s office,
established in 2015, should intensify their work in prosecuting high-level
corruption in the Government, parliament and the courts. The establishment of
the separate anti-corruption court would be the right step in this direction
(Poland);
116.118 Establish an impartial judicial system, including by: establishing an
anti-corruption court; empowering anti-corruption institutions (such as the
national anti-corruption bureau of Ukraine); and eliminating the potential for
political use of the judiciary and prosecutor general’s office (United States of
America);
116.119 Adopt all necessary legislative and policy measures to effectively
combat corruption and related impunity. This includes the immediate creation
of an independent and effective specialized anti-corruption court (Slovenia);
116.120 Take all necessary measures to establish and finance anti-corruption
courts (Haiti);
116.121 Further strengthen the resources, powers and independence of the
new anti-corruption bodies that will step up Ukraine’s fights against corruption
(Turkey);
116.122 Complete the judicial reform and the anti-corruption policy by
reforming the Prosecutor General’s Office, reforming the State Security
Service according to international standards, as drawn up with the support of
Euro-Atlantic institutions, and introduce, as provided for in the relevant
legislation, specialized anti-corruption courts (Germany);
116.123 Revoke the amendments of March 2017 to the Law on prevention of
corruption, which compel members of anti-corruption non-governmental
organizations to release financial declarations (Czechia);
116.124 Adopt all necessary measures to address the concerns of the
Committee on Economic, Social and Cultural Rights about the extent of
corruption in Ukraine and its adverse impact on the enjoyment of all human
rights (Portugal);
116.125 Fully implement the reforms necessary to establish an independent,
effective and transparent judicial system that would not only strengthen
Ukraine’s capacity to fight corruption, but would also establish an overarching
framework for upholding the rule of law and protecting fundamental rights
and freedoms (Canada);
116.126 Continue to promote economic and social development, vigorously
promote employment and raise people’s standards of living (China);
116.127 Enhance the development of the social security system, raise the level
of social security (China);
116.128 Provide all eligible citizens with the benefits to which they are
entitled, including pensions and social payments, regardless of their status as
displaced persons or their place of residence in their own country
(Switzerland);
116.129 Improve conditions to combat the higher rate of poverty, especially in
the rural areas (Angola);
116.130 Take measures to improve access to health care, in particular with
regard to combating infant and maternal mortality (Algeria);
116.131 Continue to prioritize health care in the national budget (Saudi
Arabia);
116.132 Implement systems to extend vaccination coverage and monitoring
with a view to countering outbreaks of polio, measles and other predictable
diseases (Mexico);
116.133 Provide medical care for displaced persons (France);
116.134 Manage waste disposal and hazardous materials in an
environmentally sound manner and deal with this issue in a way that ensures
the preservation of the environment and the health of individuals (Iraq);
116.135 Continue its efforts to ensure access to education for all children
(Portugal);
116.136 Revoke article 7 of the new law on education adopted in September
2017 (Hungary);
116.137 Ensure that the new education law, with its emphasis on the
Ukrainian language, does not lead to discrimination against minorities
(Republic of Korea);
116.138 Maintain the level of education in one’s mother tongue for the
persons belonging to national minorities, as per paragraph 167 of its national
report regarding education in mother tongue, with due attention paid to the
content and the number of hours (Romania);
116.139 Repeal the law on education, which grossly violates the legal rights of
linguistic minorities to be educated in their mother tongue (Russian
Federation);
116.140 Fully implement international human rights obligations towards
minorities related to the use of their mother tongue and culture (Russian
Federation);
116.141 Continue its efforts to advance the empowerment of women and to
promote gender equality (Bulgaria);
116.142 Fully implement the Law on ensuring equality of the rights and
opportunities for women and men, in order to eliminate the gender equality
gaps in all spheres of the society (Namibia);
116.143 Continue efforts to ensure equality of rights and opportunities
between women and men in all spheres of society, through legal recognition, the
implementation of special measures and the elimination of disparities in
opportunities between women and men (Nicaragua);
116.144 Provide the commission on gender equality with the necessary
infrastructure and budget to carry out its important work, in particular to
reduce the pay gap between women and men (Mexico);
116.145 Intensify efforts to reduce wage inequality on the basis of gender
(Bolivarian Republic of Venezuela);
116.146 Amend the articles of the Criminal Code dealing with rape and
sexual violence, in line with international standards and the recommendations
of OHCHR and the Committee on the Elimination of Discrimination against
Women, to ensure accountability for conflict-related sexual violence (Ireland);
116.147 Take necessary steps to effectively combat gender-based violence, in
particular by amending article 152 of the Criminal Code to add provisions on
sexual violence in line with international standards (Belgium);
116.148 Conduct a review of the Criminal Code to incorporate provisions on
sexual violence, in line with international standards (Honduras);
116.149 Bring the Criminal Code provisions on sexual violence into line with
international standards, ensure accountability for conflict-related sexual crimes
and provide victims with adequate support and rehabilitation (Republic of
Moldova);
116.150 Continue to develop laws and policies to combat sexist violence
(Andorra);
116.151 Criminalize domestic violence and take comprehensive measures to
address violence against women and girls (Mongolia);
116.152 Continue efforts towards the adoption of a law to combat violence
against women that would criminalize domestic violence (Bolivarian Republic
of Venezuela);
116.153 Implement further legislation, law enforcement reform and practical
efforts to combat violence against women and to advance gender equality
(Australia);
116.154 Adopt measures to combat and punish acts of violence against
women, as well as to ensure the inclusion of women in different areas of society
(Uruguay);
116.155 Take measures to prevent and address violence against women and
girls and ensure that perpetrators are prosecuted and adequately punished
(Croatia);
116.156 Provide adequate capacity-building programmes for judges,
prosecutors and law enforcement officials to better implement laws
criminalizing violence against women and better assist and protect women
victims of violence (Thailand);
116.157 Review legislation and its application, and commit resources to
training for police and prosecutors in order to eliminate the widespread
impunity for domestic violence (Sweden);
116.158 Ensure that the 2016 draft law on preventing and fighting domestic
violence also includes punitive sanctions for the perpetrators (Namibia);
116.159 Pursue efforts to prevent and eradicate gender-based violence,
including domestic violence, raising awareness among society, ensuring due
diligence regarding the prosecution and judgment of perpetrators and
providing relevant training to the competent authorities on the protection and
prevention of violence against women and girls (Nicaragua);
116.160 Improve the prosecution and prevention of domestic violence and
ensure that victims of domestic violence have access to shelters and other
support services (Czechia);
116.161 Intensify efforts to counter violence against women and children
(Angola);
116.162 Provide for the effective participation of civil society in the
implementation of the women, peace and security agenda (Spain);
116.163 Strengthen women’s rights, in particular with respect to
representation in public life, as well as the fight against domestic violence and
the wage gap between women and men (Algeria);
116.164 Consider adopting specific legislation on child rights to ensure the
protection of all children without any discrimination (Maldives);
116.165 Take all necessary steps towards effective implementation of the
national action plan on the implementation of the Convention on the Rights of
the Child for the period 2017–2022 (Slovakia);
116.166 Take further steps to harmonize national legislation with the
Optional Protocol to the Convention on the Rights of the Child on a
communications procedure and the Council of Europe Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse (Bosnia
and Herzegovina);
116.167 Step up efforts to promote and protect the rights of the child, in
particular the right to education (Bulgaria);
116.168 Introduce a clear definition of child pornography into national
legislation (Portugal);
116.169 Step up efforts to prevent ill-treatment of minors deprived of liberty
and guarantee their effective rehabilitation (Ecuador);
116.170 Take necessary measures to prevent degrading and cruel treatment
of persons with disabilities, especially minors (Iraq);
116.171 Continue efforts to implement the national action plan for the
implementation of the Convention on the Rights of Persons with Disabilities
(Saudi Arabia);
116.172 Train the judiciary on the rights of persons with disabilities, taking
into account their needs and special skills (Ecuador);
116.173 Intensify efforts aimed at eliminating historical and structural
discrimination against Roma, and prevent racist and hate speech and crimes
against religious minorities and their property (Namibia);
116.174 Strengthen initiatives to combat exclusion, marginalization and
poverty, including that of the Roma population, among other groups
(Ecuador);
116.175 Fully ensure the protection of cultural, educational, religious and
linguistic rights of all the communities and minorities living in Ukraine,
welcoming in this regard the submission of the recent Law on education to the
Venice Commission for an expert opinion, which should be fully taken into
account (Greece);
116.176 Revise the discriminatory laws targeting national minorities,
including the recent Law on education (Syrian Arab Republic);
116.177 Enhance efforts to better integrate the Roma community into society
(Hungary);
116.178 Adopt a progressive strategy aimed at increasing educational
opportunities and improving the housing and living conditions of the Roma
community (India);
116.179 Further strengthen the protection of the rights of minorities,
including lesbian, gay, bisexual, transgender and intersex persons and the
Roma community, by effective implementation of existing legislation and
effective law enforcement (Germany);
116.180 Continue working to eliminate all forms of stigmatization or
discrimination based on sexual orientation or gender identity (Chile);
116.181 Consider introducing amendments to Ukraine’s Criminal Code with
a view to punishing homophobic crimes (Chile);
116.182 Adopt comprehensive legislation to combat discrimination based on
sexual orientation and gender identity and protect the rights of lesbian, gay,
bisexual, transgender and intersex persons (Honduras);
116.183 Strengthen efforts to prevent and combat all kinds of discrimination,
in particular against women and lesbian, gay, bisexual, transgender and
intersex persons (Italy);
116.184 Recognise civil unions between people of the same sex as a first step
in the fight against discrimination based on sexual orientation and gender
identity (Spain);
116.185 Review relevant legislation and its application in order to eliminate
impunity for hate crimes based on sexual orientation and gender identity
(Sweden);
116.186 Continue strengthening measures to prevent and combat
discrimination based on sexual orientation, ensuring the free expression of, and
respect for, persons belonging to the lesbian, gay, bisexual, transgender and
intersex community (Uruguay);
116.187 Take measures to ensure respect for human rights for migrant
workers, including by promoting constructive dialogues and capacity-building,
with a view to achieving an efficient system of integration for migrant workers
(Thailand);
116.188 Make efforts to improve the availability, accessibility and quality of
health care and education, in the case of internally displaced people (Angola);
116.189 Take further steps to improve access to quality education for
internally displaced children, in particular children with disabilities, as a
follow-up to the recommendations contained in paragraphs 97.42 and 97.126 of
the outcome report (A/HRC/22/7) from the second cycle (Haiti);
116.190 Continue exerting increased efforts in the implementation of the
Sustainable Development Goals (Azerbaijan).
117. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
Annex
Composition of the delegation
The delegation of Ukraine was headed by Mr. Sergiy Petukhov, Deputy Minister of Justice
of Ukraine for the European Integration, and composed of the following members:
• Mr. Yurii Klymenko, Ambassador, Permanent Representative of Ukraine to the
United Nations Office and other International Organizations in Geneva, Deputy
Head of the delegation;
• Mr. Artur Artemenko, Head of the Main Branch of the Human Resources
Management, Deputy Head of the General Staff of the Ukrainian Armed Forces;
• Mrs. Olha Herasymiuk, First Deputy Head of the National Council of Television and
Radio Broadcasting of Ukraine;
• Mr. Valerii Grebeniuk, Diplomatic Counsellor of the Head of the Security Service of
Ukraine;
• Ms. Emine Dzheppar, First Deputy Minister for Information Policy of Ukraine;
• Mr. Yevhenii Yenin, Deputy Prosecutor General of Ukraine;
• Ms. Tetiana Kovalchuk, Deputy Minister of Internal Affairs of Ukraine;
• Mr. Sergii Koziakov, Chairman of the High Qualification Commission of Judges of
Ukraine;
• Mr. Oleg Korchovyi, Deputy Head of the European Integration and Legal
Cooperation with the International Organizations Division, Department of the
International Law, Ministry of Justice of Ukraine;
• Mr. Mykola Kuleba, Commissioner of the President of Ukraine for Children's
Rights;
• Ms. Iryna Lutsenko, People's Deputy of Ukraine, Head of the Subcommittee on the
international law issues and parliamentary control on Ukraine’s implementation of
the international obligations, Committee on Foreign Affairs of the Verkhovna Rada
of Ukraine;
• Ms. Natalia Naumenko, Director of the Department on Foreigners and Persons
without citizenship of the State Migration Service of Ukraine;
• Ms. Hanna Novosad, Head of the Division on International Cooperation and
European Integration of the Ministry of Education and Science of Ukraine;
• Ms. Nataliia Piven, Head of the Branch for Public Health, Ministry of Health of
Ukraine;
• Mr. Kostiantyn Tarasenko, Chief of the Division of the Representatives of the Head
on the control for human rights compliance in police activity, Department on
delivering human rights of the National Police of Ukraine;
• Ms. Natalia Fedorovych, Deputy Minister of Social Policy of Ukraine;
• Mr. Andrii Yurash, Director of the Department for Religious Affairs and
Nationalities, Ministry of Culture of Ukraine;
• Ms. Dina Martina, Deputy Permanent Representative of Ukraine to the United
Nations Office and other International Organizations in Geneva;
• Ms. Antonina Shliakotina, First secretary of the Permanent Mission of Ukraine to
the United Nations Office and other International Organizations in Geneva;
• Ms. Kseniia Koval, Second secretary of the Permanent Mission of Ukraine to the
United Nations Office and other International Organizations in Geneva.