40/CRP.4 Civic space and fundamental freedoms ahead of the presidential, parliamentary and local elections in Ukraine in 2019-2020
Document Type: Final Report
Date: 2019 Mar
Session: 40th Regular Session (2019 Feb)
Agenda Item: Item10: Technical assistance and capacity-building
GE.19-04756(E)
*1904756*
Human Rights Council Fourtieth session
25 February–22 March 2019
Agenda item 10
Technical assistance and capacity-building
Civic space and fundamental freedoms ahead of the presidential, parliamentary and local elections in Ukraine in 2019-2020
A/HCR/40/CRP.4
21 March 2019
English only
A/HCR/40/CRP.4
2
Contents
I. Executive summary .............................................................................................................................. 3
II. Methodology ........................................................................................................................................ 4
III. Legal and institutional framework ....................................................................................................... 4
IV. Trends negatively affecting the exercise of fundamental freedoms ..................................................... 5
A. Freedom of opinion and expression ............................................................................................. 6
B. Freedom of association ................................................................................................................ 7
C. Freedom of peaceful assembly..................................................................................................... 8
D. Freedom of religion or belief ....................................................................................................... 9
V. Conclusions and recommendations .................................................................................................... 10
A/HCR/40/CRP.4
3
I. Executive summary
1. Since early 2018, the Office of the United Nations High Commissioner for Human
Rights (OHCHR)1 has been paying particular attention to the issue of civic space2 and
fundamental freedoms in Ukraine. OHCHR notes a lack of accountability in most of the
documented cases of attacks against journalists and other media professionals, civic and
political activists, and defence lawyers. As long as such impunity remains unaddressed, space
for the promotion and protection of fundamental freedoms is at risk.
2. Ahead of the presidential and parliamentary elections in March and October 2019
respectively and of the local elections in October 2020, this report provides a brief overview
of developments that have affected the enjoyment of freedoms of opinion and expression,
association, peaceful assembly, religion or belief, and political rights. Persistence or an
increase of attacks on human rights pertinent to elections could have an impact on the exercise
of the right to participate in the upcoming electoral processes and affect their fairness and
credibility. The report puts forward recommendations to improve the human rights
environment in the context of elections and to thereby strengthen conditions for peaceful and
inclusive elections.
3. During the reporting period, OHCHR documented 164 violations and identified a set
of concerns regarding restrictions to civic space, including failure of the authorities to ensure
security for peaceful assemblies and inability to protect groups at risk, lack of investigation
and accountability for perpetrators, and attempts to limit civic space by means of shaping the
regulatory framework. In at least 34 documented incidents, perpetrators are directly linked
or affiliated with extreme right-wing groups.3
4. In the context of elections, the Government should be particularly diligent in ensuring
respect for fundamental freedoms and condemn and address acts of violence, intimidation,
intolerance or discrimination based on any grounds, including political opinion. Peaceful and
inclusive elections require an environment where all human rights, in particular the rights to
equality and non-discrimination, to freedoms of opinion and expression, peaceful assembly
and association, are fully respected and enjoyed by all individuals.
5. This report covers the period from 1 January 2018 to 15 January 2019 and focuses on
territory where the Government exercises effective control and where the aforementioned
elections will be carried out. Thus, the report does not refer to the situation in territory
controlled by the self-proclaimed ‘Donetsk people’s republic’ and self-proclaimed ‘Luhansk
people’s republic’ and in the Autonomous Republic of Crimea and the city of Sevastopol,
Ukraine, temporarily occupied by the Russian Federation.4
1 On 14 March 2014, OHCHR deployed the United Nations Human Rights Monitoring Mission in
Ukraine (HRMMU). See the Agreement between the Government of Ukraine and the Office of the
United Nations High Commissioner for Human Rights on deployment of the short-term human rights
monitoring mission in Ukraine of 31 July 2014. Full text of the Agreement is available from:
http://zakon.rada.gov.ua/laws/show/995_001-14.
2 In this report, “civic space” refers to the environment and legal framework in which civil society
operates; the place that civil society actors occupy within society and the relationships among civil
society actors, the State, and the general public.
3 In this report, the term “extreme right-wing groups” refers to political parties, movements and groups
who blame vulnerable groups for societal problems and incite intolerance and violence against them.
In Ukraine, extreme right-wing groups have perpetrated attacks against Roma and other minorities,
including LGBTQI. Through their actions, they bring into question the fundamental principle of non-
discrimination by propagating an ideology based on racism, discrimination, xenophobia and
intolerance. See Reports of the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance (A/HRC/35/42 of 26 April 2017 and
A/HRC/18/44 of 21 July 2011).
4 General Assembly resolutions 68/262, 71/205, 72/190 and 73/263 prescribe that the Autonomous
Republic of Crimea and the city of Sevastopol is territory of Ukraine under the temporary occupation
of the Russian Federation. Civic space situation in territory controlled by the self-proclaimed
‘Donetsk people’s republic’ and self-proclaimed ‘Luhansk people’s republic’, and the Autonomous
Republic of Crimea and the city of Sevastopol, Ukraine, temporarily occupied by the Russian
A/HCR/40/CRP.4
4
II. Methodology
6. The report is based on information that OHCHR collected through interviews with
victims, witnesses and their lawyers; and direct observation, including trial monitoring;
analysis of corroborating information confidentially shared with OHCHR; official records,
including court documents; open-source documents and video, photo and audio materials
(including those produced by alleged perpetrators); and other relevant and reliable data. In
accordance with OHCHR methodology, the standard of proof applied is that of “reasonable
grounds to believe”5.
7. OHCHR is committed to the protection of its sources and therefore ensures their
confidentiality. It does not disclose any information that may lead to the identification of
sources, unless the latter have provided their informed consent. OHCHR also systematically
assesses the potential risks of harm and retaliation against its sources and may decide not to
disclose information owing to protection concerns even when it has obtained the informed
consent of the source.
III. Legal and institutional framework
8. This report addresses the situation of fundamental freedoms in Ukraine at the start of
the three electoral campaigns – presidential, parliamentary and local elections. The first round
of the presidential elections is scheduled for 31 March 2019. If none of the participating
candidates succeeds in receiving over 50 per cent of the votes, a second round could be held
on 21 April 2019. Voting day on 27 October 2019 is scheduled for parliamentary elections,
and on 25 October 2020 for local elections.
9. All concerns raised in this report directly refer to human rights protected by
international and regional instruments, including but not limited to the International
Covenant on Civil and Political Rights and the European Convention on Human Rights and
Fundamental Freedoms6, both ratified by Ukraine.
10. These rights are also protected under national legislation, including the Constitution
of Ukraine (articles 34, 35, 36, 37, 38 and 39), the Civil Code, and the laws ‘On printed
media’, ‘On political parties in Ukraine’, ‘On public associations’ and ‘On freedom of
conscience and religious organizations’.7
11. National regulations regarding electoral procedures are enshrined in the Constitution
of Ukraine and the laws “On elections of the President of Ukraine”, “On elections of members
of the Parliament of Ukraine”, “On local elections”, “On Central Electoral Commission”,
“On political parties in Ukraine” and “On the State register of voters”.8
Federation is reflected in regular quarterly reports and relevant thematic reports on Crimea issued by
OHCHR on 25 September 2017 and 10 September 2018.
5 OHCHR draws information from direct interviews with victims and witnesses, which it corroborates
with information from additional independent sources.
6 These include freedom of opinion and expression (International Covenant on Civil and Political
Rights, article 19, and European Convention on Human Rights and Fundamental Freedoms, article
10), freedom of peaceful assembly (International Covenant on Civil and Political Rights, article 21,
and European Convention on Human Rights and Fundamental Freedoms, article 11), freedom of
association (International Covenant on Civil and Political Rights, article 22, and European
Convention on Human Rights and Fundamental Freedoms, article 11), freedom of religion or belief
(International Covenant on Civil and Political Rights, article 18, and European Convention on Human
Rights and Fundamental Freedoms, article 9, right to vote and stand for election (International
Covenant on Civil and Political Rights, article 25).
7 Constitution of Ukraine, 28 June 1996; Civil Code of Ukraine No. 435-IV, 16 January 2003; Law
“On printed media” No. 2782-XII, 16 November 1992; Law “On political parties in Ukraine” No.
2365-III, 5 April 2001; Law “On public associations” No. 4572-VI, 22 March 2012; and Law “On
freedom of conscience and religious organizations” No. 987-XII, 23 April 1991.
8 Constitution of Ukraine; Law “On elections of the President of Ukraine” No. 474-XIV, 5 March
1999; Law “On elections of members of the Parliament of Ukraine” No. 4061-VI, 17 November
A/HCR/40/CRP.4
5
12. Ukraine has engaged in almost continuous electoral reform since its independence.
With four major electoral system reforms – from a majoritarian system to a mixed system to
fully proportional and back to mixed –it is one of the countries in the world that has
undergone the most frequent changes to its electoral system. A new, ongoing reform process
was initiated in 2014 when, under a Coalition Agreement, the main political parties agreed
to transform the electoral system from a mixed system to a proportional one with open lists.
13. There are currently over a dozen draft laws on the agenda of the Parliament aimed at
(a) ensuring regular renewal of democratic representatives through elections; (b) avoiding
undue administrative influence that may have an impact on the results of elections; and (c)
ensuring accountability for those who violate electoral laws. These legislative initiatives
include the draft Electoral Code and are commonly referred to by experts and civil society as
elements of the “electoral reform”.9 Although these documents are at different stages of the
legislative process, with some having passed the first reading, none of them will affect the
2019 elections.10
14. While over one million11 internally displaced persons (IDPs) in Ukraine enjoy the full
scope of voting rights in presidential elections, they are still not eligible to vote in local
elections and to fully participate in parliamentary elections.12 OHCHR remains concerned
about the absence of regulatory framework to guarantee the full participation of IDPs in the
elections.13
IV. Trends negatively affecting the exercise of fundamental freedoms
15. Throughout the reporting period, OHCHR documented 164 violations affecting the
fundamental freedoms of opinion and expression, peaceful assembly and association, and
religion or belief, as well as the right to non-discrimination and equal protection under the
law. While documenting a gradual increase14 of violations affecting journalists and other
media professionals, civic and political activists, and defence lawyers, OHCHR notes that a
significant number of them relate to attacks allegedly perpetrated by extreme right-wing
groups, in most cases with impunity. Even though there was a decrease in violations after 15
2011; Law “On local elections” No. 595-VIII, 14 July 2015; Law “On Central Electoral Commission”
No. 1932-IV, 30 June 2004; Law “On political parties in Ukraine” No. 2365-III, 5 April 2001; and
Law “On the State register of voters” No. 698-V, 22 February 2007.
9 See European Parliament Policy Department, Directorate-General for External Policies, Study “The
electoral reforms in three association countries of the Eastern Neighbourhood - Ukraine, Georgia and
Moldova”, October 2017.
10 According to good electoral practice, fundamental changes to electoral law should not be made within
one year before an election. See Venice Commission’s Code of Good Practice in Electoral Matters
(CDL-AD(2002)023rev), item II 2b.
11 This is a raw estimation based on numbers provided by the Ministry of Temporarily Occupied
Territories and IDPs of Ukraine (not taking into account the estimated number of IDPs who are under
18 years old.). According to the official statistics of the State registry of voters, there were 35,582,184
registered voters as at 31 January 2019 in Ukraine.
12 In one case, in April 2018, the Prymorskyi district court of Odesa restored the voting rights of an IDP
from Donetsk. In July 2018, in another case, the Supreme Court of Ukraine ruled that registration of
place of residence for IDPs was a temporary measure, whereas the right to participate in local
elections would be granted for those with permanent registration in a respective area. This could be
considered as a setback, as IDPs should be able to exercise the right to vote in local, as well as
parliamentary and presidential elections.
13 According to Draft guidelines for States on the effective implementation of the right to participate in
public affairs States should remove unreasonable barriers to voter registration, including onerous or
burdensome administrative requirements for accessing the necessary documentation to exercise the
right to vote, particularly for women, minorities, indigenous peoples, those living in remote areas and
internally displaced persons (A/HRC/39/28, 20 July 2018)
14 In the course of 2018, OHCHR documented 41 violations of fundamental freedoms between 16
February and 15 May, 45 violations between 16 May and 15 August, and 59 between 16 August and
15 November.
A/HCR/40/CRP.4
6
November 2018 due to the seasonal lull occurring every new year period, OHCHR is
concerned that, if impunity remains unaddressed there is a risk that this will fuel further
attacks.
A. Freedom of opinion and expression
16. OHCHR observed a pattern of violent attacks and acts of intimidation against
journalists and other media professionals, civil society and political activists, as well as
defence lawyers throughout the reporting period. These attacks have created an atmosphere
of intimidation, which has a chilling effect on people’s ability and willingness to speak
openly on issues of public importance, notably to express their disagreement or concerns
about policies. The protection of the right to freedom of opinion and expression is particularly
essential during times of political change, notably to ensure that the public is well-informed
and empowered to safely and freely exercise civil and political rights. Providing the
conditions for free and open political communication is an essential element of ensuring fair
and democratic electoral processes.15
17. Throughout the reporting period, OHCHR observed a gradual increase of attacks
against journalists, including incidents perpetrated in front of cameras during live
broadcasting.16 Investigators often failed to accurately classify these attacks under applicable
law, disregarding perpetrators’ motive to disrupt or prevent journalists’ activities.17
Disregarding such motive that would justify other charges carrying higher sentences leads to
impunity on these charges. Investigators thereby deny the particular protection that is
afforded to journalists by the law.
18. In 2018, in at least two separate cases, Ukrainian courts ruled to grant prosecution
access to personal data of investigative journalists, including of their sources, which could
be perceived as acts of intimidation.18 These decisions are of concern and could encourage
further attempts of authorities to intimidate journalists, foster censorship and discourage their
investigative work.19
19. Furthermore, various authorities continued using a broad and inconsistent
interpretation of criminal provisions related to terrorism, provisions on high treason and
trespassing on Ukraine’s territorial integrity against journalists, bloggers and social media
users for publishing or posting and reposting information seen as ‘anti-Ukrainian’.
20. Moreover, concerns arise about certain legislative initiatives proposing to vest State
authorities with wide discretion and power to block online sources which would unduly
restrict freedom of opinion and expression.20
21. OHCHR observed an increase in violent attacks against civil society activists in 2018.
On 27 September 2018, approximately 70 civil society organizations and political parties
15 See Report of the Special Rapporteur on the promotion and protection of the right to freedom of
opinion and expression, Frank La Rue, 2 July 2014 (A/HRC/26/30, para 11).
16 See OHCHR Report, 16 August – 15 November 2018, para 73.
17 Despite of clear signs of other crimes, some of these attacks are classified only as ‘hooliganism’,
which would lead to a milder punishment.
18 See OHCHR Report, 16 August – 15 November 2018, para 75.
19 In one of these cases, it was the first time the European Court of Human Rights applied interim
measures under Rule 39 of the Rules of Court to the case pertaining to freedom of expression in
Ukraine.
20 Draft law no.6688 ‘On amendments to certain legislative acts of Ukraine concerning counteraction to
threats to national security in the information sphere’, 12 July 2017. See OHCHR Quarterly Report 16
May – 15 August 2018, para 85.
On 31 July 2018, a female senior staff of a city council, known for her
anticorruption views, was attacked with acid. On 4 November 2018, she died in
hospital following complications resulting from her injuries. The organizers of the
attack are still not brought to account.
A/HCR/40/CRP.4
7
participated in an all-Ukrainian rally calling the attention of the public and authorities to
attacks against various civil society activists, some of whom worked to expose corruption.
Attacks documented by OHCHR in 2018 ranged from spraying acid21 on victims to gun
injuries22 and caused the death of two activists.23 Despite the creation of the Special
Parliamentary Investigation Commission, investigations into several attacks are not
progressing.24
22. Throughout the reporting period, OHCHR documented six cases of attacks and
intimidation against defence lawyers involved in high profile cases, including lawyers
representing defendants known for their independent views. Notably, these attacks were all
committed either by members of extreme right-wing groups or unidentified perpetrators
allegedly affiliated with such groups. All these attacks occurred inside or in front of court
buildings. OHCHR notes the lack of progress in investigations into such attacks, inadequate
security in and around court premises, and failure of law enforcement to effectively prevent
and stop such incidents.25
23. The lack of accountability for attacks on civil society perpetrated by extreme right-
wing groups also raises concern.26 Throughout the reporting period, the number of attacks
and acts of intimidation documented by OHCHR, involving members of extreme right-wing
groups, reached 34. A few of them are currently being investigated. OHCHR documented
cases when, despite sufficient police presence, authorities failed to apprehend perpetrators.
OHCHR is concerned that such impunity may fuel further attacks.
B. Freedom of association
24. OHCHR documented nine incidents targeting activists affiliated with political parties
or organizations, including physical attacks,27 acts of intimidation,28 attempts to forcefully
enter places of residence,29 and property destruction.30 In at least two of these cases,
investigators disregarded the status of victims as political activists, which incurs an
entitlement to additional protection under national law.31 At a later stage, one of the cases
21 On 17 July 2018, in Kyiv, an anti-corruption activist was sprayed with Brilliant green (zelenka)
during a rally demanding the resignation of the Head of the Special Prosecutor’s Office for anti-
corruption. the victim suffered from chemical burns to the eyes. On 31 July 2018, Kateryna
Handziuk, a senior staff member of the Kherson city council, known for her advocacy against
corruption, was attacked with acid.
22 On 22 September 2018, an activist, known for his criticism of local authorities, was shot near his
house in Odesa. The bullet was extracted from his body in January 2019 and he still requires intensive
care.
23 This refers to two lethal cases: an incident in Kharkiv region, when an anti-corruption and
environmental activist Mykola Bychko was found hanged in Eskhar village, and the death of
Kateryna Handziuk in hospital following complications resulting from injuries after an acid attack.
24 OHCHR meeting with member of the Special Parliamentary Investigation Commission, 18 January
2019.
25 See OHCHR Quarterly Reports 16 May – 15 August 2018, para 99; and 16 August – 15 November
2018, para 60.
26 A/HRC/39/28 Report of the Office of the United Nations High Commissioner for Human Rights.
27 OHCHR interviews, 12 October and 9 December 2018.
28 OHCHR interview, 10 September 2018.
29 OHCHR interview, 12 October 2018.
30 Activists were allegedly attacked for their political activism.
31 In particular this refers to Article 346 of the Criminal Code of Ukraine which prescribes liability for
threats or violence against State or civic actor.
On 6 July 2018, an extreme right-wing group disrupted an event of a centrist political
party in Kyiv and violently attacked its members. Despite numerous witnesses, the police
disregarded the motive of the attack classifying it as only ‘delivering minor injuries’.
A/HCR/40/CRP.4
8
was re-classified with adequate charges.32 Several attacks against offices of various political
parties throughout Ukraine were carried out by extreme right-wing groups in 2018. In some
cases, the perpetrators physically assaulted staff in the offices.33 Such acts appear to be
intended to restrict the activities of certain political parties ahead of the elections, effectively
hindering political pluralism and constituting undue restrictions to the freedom of
association.
25. OHCHR is concerned by a growing number of legislative initiatives proposing
restrictions on freedom of association, such as those aiming at introducing additional
reporting requirements for civil society organizations.34 Furthermore, the elections are
increasingly used as a justification to elaborate new restrictive measures, such as requiring
organizations “acting directly or covertly in the interests of the Russian Federation” to
register as “agents of the aggressor State”, “as means of protecting national interests in the
wake of elections”.35 In this regard, OHCHR notes that States should not stigmatize
associations by equating their objectives to those of foreign agents.36
26. OHCHR remains concerned that the widely criticized e-declaration requirements
imposed on anti-corruption activists in March 201737 remain in force contrary to the
recommendations of the Venice Commission.38
C. Freedom of peaceful assembly
27. Throughout the reporting period, OHCHR documented 17 violations of the right to
freedom of peaceful assembly. All of these violations affected assemblies that were organized
by minority groups or those representing alternative opinions. In ten documented incidents,
police failed to protect the safety of those involved in the assemblies and to take measures
against those who attacked or violently disrupted the events.39 Instead, police officers
32 OHCHR interview, 9 December 2018. The victim told OHCHR that the police had initially classified
the attack as hooliganism but later re-classified it as an “attack against a State or civic actor”.
33 OHCHR interview, 7 January 2019.
34 Draft law no. 6674 ‘On amendments to certain legislative acts of Ukraine concerning transparency of
information on financing of the activities of public associations and the use of international technical
assistance’, 10 July 2017. This bill failed the vote in Parliament on 3 April 2018;
Draft law no. 8501 ‘On amendments to certain legislative acts of Ukraine concerning transparency
and openness of information on the activities of charitable organizations and public associations
receiving funding from foreign countries and foreign non-governmental organizations’, 20 June 2018.
Pending review in the Committee.
35 Statement of parliamentarian Maksym Burbak, at the coordination meeting in Parliament, 17
September 2018. On 20 September 2018, during his annual address in Parliament, President
Poroshenko expressed support for such a legislative initiative, stating that “this law will in no way
affect civil society, mass media and freedom of speech".
36 A/HRC/38/34, Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of
association, 13 June 2018, paras 34-36.
37 Law of Ukraine ‘On amendments to article 3 of the law on prevention of corruption’ no. 1975-VIII,
23 March 2017.
38 Joint opinion (CDL-AD(2018)006) adopted by the Venice Commission at its 114th Plenary Session
(Venice, 16-17 March 2018). According to the law, the heads and members of boards of anti-
corruption organizations had to submit their annual declarations on annual basis. See OHCHR
Quarterly Report 16 February – 15 May 2018, para 87.
39 The State has a positive obligation to facilitate peaceful assemblies, which includes the protection of
participants from individuals or groups of individuals, including agents provocateurs and counter-
demonstrators, who aim at disrupting or dispersing such assemblies. A/HRC/20/27, p 8, para. 27.
On 19 August 2018, a group of unknown perpetrators violently attacked an
antidiscrimination event in Mariupol. The police is investigating the incident as
‘hooliganism’, disregarding possible additional classifications based on the motives of
the attack.
A/HCR/40/CRP.4
9
apprehended participants in public assemblies, issued warnings of dispersion, or physically
pushed participants from the venue.
28. At least in seven cases, the perpetrators of attacks were members of extreme right-
wing groups. In some of the cases, police officers failed to apprehend perpetrators either
during or immediately after they had attacked or disrupted peaceful assemblies. Such acts
limit the space for civil society groups to freely express their views, which is important ahead
of the upcoming elections Ensuring the right to peaceful assembly is essential in order to
campaign and participate in public rallies, take part in voter education activities, cast votes,
observe and monitor elections and hold candidates and elected officials accountable in case
of violations.40
While OHCHR welcomes measures taken by the police to ensure public safety during mass
public assemblies41 in several Ukrainian cities in 2018, LGBTQI42 gatherings in smaller
cities, such as Chernivtsi or Mariupol, lacked sufficient protection. Also, OHCHR
documented cases where the Security Service of Ukraine (SBU) prevented organizers from
participating in public assemblies, for example a counter-demonstration to an official
commemorative event, using informal warnings or summoning them for ‘a conversation’ on
the day of the event.43
D. Freedom of religion or belief
29. Although tensions between Orthodox communities in Ukraine existed prior to the
armed conflict in eastern Ukraine, they have been significantly exacerbated by the ongoing
autocephaly process.44 Throughout the reporting period, OHCHR documented 10 incidents
of threats and acts of intimidation against clergy and parishioners mainly affecting the
Ukrainian Orthodox Church (of the Moscow Patriarchate).45 OHCHR is concerned that the
current political environment further contributes to tensions negatively impacting the
freedom of religion or belief, with possible negative consequences for other human rights,
including the right to freedom of opinion and expression, ahead of elections.
30. In November 2018, following the refusal of the Ukrainian Orthodox Church to join
the newly established Orthodox Church in Ukraine, the Security Service of Ukraine (SBU)
40 A/68/299, Rights to freedom of peaceful assembly and association, Note by the Secretary-General, 7
August 2013, para 6.
41 This refers to celebrations of the Day of Defender of Ukraine, the processions of parishioners of the
Ukrainian Orthodox Church (of Moscow Patriarchate) and Ukrainian Orthodox Church of Kyiv
Patriarchates, as well as Equality Marches in Kyiv and Odesa. During mentioned assemblies OHCHR
observed sufficient security and adequate protection of participants by the police.
42 In this report, the acronym LGBTQI refers to lesbian, gay, bisexual, transgender, queer and intersex
individuals and relevant communities. OHCHR is aware of an incompatibility of views with some of
mentioned groups. This term is used as a broad description to cover as many individuals as possible
who face discrimination based on sex and gender identity.
43 In particular, this refers to assemblies held on commemorative dates for World War II or gatherings to
commemorate victims of the violence that occurred on 2 May 2014 in Odesa.
44 While the Ukrainian Orthodox Church of Kyiv Patriarchate (hereinafter UOC KP) and the Ukrainian
Autocephalous Orthodox Church supported and later joined the process of receiving autocephalous
(independent) status from Ecumenical Patriarchate, the Russian Orthodox Church and the Ukrainian
Orthodox Church, repeatedly referred to this as interference in internal canonical matters. On 6
January 2019, a newly established Orthodox Church in Ukraine received autocephaly from the
Ecumenical Patriarchate and was still awaiting registration as an official religious organization in
Ukraine as at February 2019.
45 Often referred to as the Ukrainian Orthodox Church – Moscow Patriarchate to differentiate it from the
UOC KP, but according to the official registration (data retrieved in January 2019) it is the Ukrainian
Orthodox Church and will be referred to as such.
On 29 June 2018, a church in Odesa was robbed and desecrated. The
police launched a criminal investigation into the fact of robbery, while
disregarding a possible additional classification as hate crime.
A/HCR/40/CRP.4
10
launched a series of criminal investigations into allegations of incitement to religious hatred,
with the additional charge of high treason in at least one case, without issuing notices of
suspicion. In the context of these investigations, SBU searched the property of the Ukrainian
Orthodox Church and the homes of the clergy hierarchy. SBU also interrogated clergymen
in different regions of Ukraine.46 Individuals interviewed by OHCHR, reported that such
actions put them under pressure and said that despite the absence of direct threats or coercion,
they considered these as attempts to influence their position on autocephaly.
31. On 20 December 2018, the Parliament voted to begin the mandatory renaming of the
religious organizations affiliated with religious centres in the Russian Federation, primarily
targeting the communities of the Ukrainian Orthodox Church.47 The Parliament also adopted
restrictions on the access of clergymen of such organizations to the premises of the Armed
Forces of Ukraine on the basis of national security considerations. This contravenes article
18(3) of the International Covenant on Civil and Political Rights as national security is not a
permissible ground for a restriction of freedom of religion or belief.48
V. Conclusions and recommendations
32. OHCHR notes the efforts of the Government of Ukraine to ensure the efficiency and
transparency of investigations into high-profile cases of violent attacks against civil society
activists as well as increased security and protection during massive public assemblies in big
cities. OHCHR is however concerned about the increase of violent acts during the reporting
period targeting journalists, civil society activists and other persons at risk; the failure of law
enforcement forces to immediately prevent or stop such acts; impunity of perpetrators of
violent attacks; and the adoption and implementation of legislation that could negatively
impact fundamental freedoms.
33. The right to participate in public affairs requires that the life, physical integrity,
liberty, and security of all members of society, including journalists and civil society activists,
should be protected at all times. It also requires an environment that values and takes into
account the peaceful and legitimate contribution of all members of society.
34. States should protect civil society actors, including human rights defenders and
journalists, in particular, from all threats, attacks, reprisals and acts of intimidation including
against them or their family members, associates and legal representatives. Such acts should
be promptly, thoroughly and impartially investigated, perpetrators brought to justice, and
effective remedies provided. In this context, Ukrainian authorities should exercise due
diligence in preventing abuse committed by non-State actors.
35. In order to promptly improve the protection of fundamental freedoms, not least ahead
of the elections, OHCHR recommends:
1. To the Government of Ukraine:
(a) publicly condemn all violent attacks, including those committed by extreme
right-wing groups,
46 A criminal case under these charges was opened on 21 November, eight days after the Ukrainian
Orthodox Church publically announced its refusal to support autocephaly.
47 According to the Law of Ukraine no. 2662-VIII of 20 December 2018, a religious organization that is
structurally affiliated with a foreign religious organization, the governing centre of which is located in
the country, recognized as an “aggressor State”, should reflect in its official name that of the religious
center is in such foreign state. Failure to follow this requirement within a four months deadline may
render void the charter of the organization “in the part defining its full official name”.
48 The United Nations Human Rights Committee, in its general comment No. 22 (1993) (para. 8)
emphasized that Article 18(3) of the International Covenant on Civil and Political Rights permits
restrictions on the freedom to manifest religion or belief only if limitations are prescribed by law and
are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms
of others. This paragraph is to be strictly interpreted: restrictions are not allowed on grounds not
specified there, even if they would be allowed as restrictions to other rights protected in the Covenant,
such as national security.
A/HCR/40/CRP.4
11
(b) against journalists and other media professionals, civic and political activists,
defence lawyers and those representing alternative opinions, and systematically call for
accountability;
(c) promptly, impartially and efficiently investigate all cases of violent attacks,
including those committed by extreme right-wing groups, targeting media professionals,
civic and political activists, human rights defenders, political parties, and defence lawyers.
Criminal motives and other aggravating circumstances should be considered during
investigations and prosecution;
(d) ensure security for public assemblies, including smaller assemblies and events
organized by representatives of groups that are marginalized or discriminated against, such
as the LGBTQI community; and to immediately prevent and stop all acts of violence, while
facilitating the exercise of freedom of peaceful assembly without discrimination;
(e) cancel the e-declaration requirements for anti-corruption activists introduced
by Law No. 1975-VIII of 23 March 2017;
(f) refrain from imposing excessive financial reporting and disclosure
requirements for public associations or, at a minimum, ensure that any such requirements are
based on compelling evidence that they are necessary in a democratic society and
proportionate to their legitimate aim;
(g) consider adopting legislation to ensure IDPs have an opportunity to participate
fully in all the upcoming elections;
(h) uphold Ukraine’s international human rights obligations49, i.e. not only to
ensure the right to manifest one’s religion or belief in worship, either individually or in
community with others, observance, practice and teaching, but also to take effective measure
to ensure that no one shall be subject to discrimination by any State institution, group of
persons, or person on grounds of religion or belief.
2. To the international community:
(a) use all available diplomatic instruments in order to amplify OHCHR
recommendations to the Government to respect fundamental freedoms and abstain from
activities that specifically target civic space, particularly ahead of the presidential, legislative
and local elections;
(b) advocate for the Government of Ukraine to adhere to the relevant norms and
standards of international human rights law and to protect civic space;
(c) call on Ukrainian authorities to condemn, prevent and stop all forms of
violence against journalists and other media professionals, civic and political activists,
defence lawyers and those representing alternative opinions; and
(d) urge political stakeholders to pursue their goals through peaceful means and to
fully respect human rights.
49 Article 18 of the International Covenant on Civil and Political Rights and Article 2 of Declaration on
the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.