Human rights in Ukraine

Ukraine
This article is part of a series on the
politics and government of
Ukraine

Human rights in Ukraine were better than those in most former Soviet republics as of 2009 and Ukraine was labeled as "Free" by organizations such as Freedom House.[1] However, after Viktor Yanukovych became president of Ukraine in 2010, Freedom House labeled Ukraine "Partly Free" in 2011.[2] Amnesty International also signalled a significant deterioration of the observance of human rights in Ukraine in 2011.[3] According to Freedom House the human rights situation significantly improved in the aftermath of the Euromaidan revolution in 2014. The country received better ratings for political pluralism, parliamentary elections, and government transparency. As of 2015 the country is labelled "Partly Free".[4] According to the OSCE, as of 2015 the elections in Ukraine generally respect democratic process, but additional efforts needed to enhance public confidence.[5][6] According to the last report by Human Rights Watch organization both sides are violating laws of war during ongoing War in Donbass, the government imposed excessive restrictions on freedom of media and the sexual diversity is not fullly respected.[7] On 21 May 2015 the Verkhovna Rada of Ukraine has passed a resolution declaring the suspension of conventions for Human Rights in the eastern Donbass region.[8][9]

International and European human rights treaties

Ukraine is a party of the following international treaties

Ukraine signed but not yet ratified

Ukraine is a party of the following European treaties

Situation

Meeting in Kharkiv during the 2004 Orange Revolution

Overview

Ukraine had been labeled as "free" by organizations such as Freedom House in 2009.[1] In their report they stated: "Ukraine has one of the most vibrant civil societies in the region. Citizens are increasingly taking issues into their own hands, protesting against unwanted construction, and exposing corruption. There were no limits seen on NGO activities. Trade unions function, but strikes and worker protests were infrequently observed, even though dissatisfaction with the state of economic affairs was pervasive in the fall of 2008. Factory owners were seen as still able to pressure their workers to vote according to the owners’ preferences."[1] On October 20, 2009 experts from the Council of Europe stated "in the last five years the experts from the Council of Europe who monitor Ukraine have expressed practically no concerns regarding the important [process of the] formation of a civil society in Ukraine. Ukraine is one of the democratic states in Europe that is securing human rights as a national policy, as well as securing the rights of national minorities."[10] According to Human Rights Watch (HRW), "while civil society institutions operate mostly without government interference, police abuse and violations of the rights of vulnerable groups … continue to mar Ukraine's human rights record."[11]

After the early 2010 election of President Viktor Yanukovych international organizations start to voice their concern. According to Freedom House, "Ukraine under President Yanukovych has become less democratic and, if current trends are left unchecked, may head down a path toward autocracy and kleptocracy."[2] Among the recent negative developments, they mentioned "a more restrictive environment for the media, selective prosecution of opposition figures, worrisome intrusiveness by the Security Service of Ukraine, widely criticized local elections in October 2010 … and erosion of basic freedoms of assembly and speech." This led Freedom House to downgrade Ukraine from "Free" to "Partly Free" in Freedom in the World 2011.[2] Also in 2011 Amnesty International spoke of "an increase in the number of allegations of torture and ill treatment in police custody, restrictions on the freedom of speech and assembly, as well as mass manifestations of xenophobia".[3]

In Reporters Without Borders Press Freedom Index 2010 Ukraine had fallen from 89th place to 131.[12] Neighboring Russia's press freedom was ranked at position 140.[13] The International Federation for Human Rights called Ukraine "one of the countries seeing the most serious violations against human rights activists" in December 2011.[14]

As of 17 January 2013 Ukraine lost all of its 211 cases at the European Court of Human Rights.[15]

The right to fair trial

Amendments to the constitution, which came into force, were detrimental for fair trial in that they re-introduced the so-called general supervision by the prosecutor's office. Other serious problems included lengthy periods for review of cases because the courts were overloaded; infringement of equality of arms; non-observance of the presumption of innocence; the failure to execute court rulings; and high level of corruption in courts.[16] Independent lawyers and human rights activists have complained Ukrainian judges regularly come under pressure to hand down a certain verdict.[17]

According to Freedom House the judiciary has become more efficient and less corrupt since the Orange Revolution.[1]

Recent (since 2010) trails of high-profile political figures[nb 1] Yulia Tymoshenko, Yuriy Lutsenko, Igor Didenko,[19] Anatoliy Makarenko[20] and Valeriy Ivaschenko[21] have been described by the European Commission, the United States and other international organizations as "unfair, untransparent and not independent"[22] and "selective prosecution of political opponents".[23][24][25] President Viktor Yanukovych stated late February 2012 these trails "didn't meet European standards and principles".[26]

Media freedom and freedom of information

In 2007, in Ukraine's provinces numerous, anonymous attacks[27] and threats persisted against journalists, who investigated or exposed corruption or other government misdeeds.[28][29] The US-based Committee to Protect Journalists concluded in 2007 that these attacks, and police reluctance in some cases to pursue the perpetrators, were "helping to foster an atmosphere of impunity against independent journalists."[11][30]

Ukraine's ranking in Reporters Without Borders's Press Freedom Index has in the latest years been around the 90th spot (89 in 2009,[31] 87 in 2008[32]), while it occupied the 112th spot in 2002[33] and even the 132nd spot in 2004.[34]

Since Viktor Yanukovych was elected President of Ukraine in February 2010 Ukrainian journalists and international journalistic watchdogs have complained about a deterioration of press freedom in Ukraine.[35][36][37][38] Yanukovych responded (in May 2010) that he "deeply values press freedom" and that "free, independent media that must ensure society's unimpeded access to information".[35] Anonymous journalists stated early May 2010 that they were voluntarily tailoring their coverage so as not to offend the Yanukovych administration and the Azarov Government.[39] The Azarov Government denies censoring the media,[40] so did the Presidential Administration[41] and President Yanukovych himself.[42][43]

The ongoing crisis in Ukraine has resulted in a major threat to press freedom in recent months. A May 2014 report from the Organization for Security and Co-operation in Europe (OSCE) stated that there were approximately 300 instances of violent attacks on the media in Ukraine since November 2013.[44]

A crackdown on what authorities describe as "pro-separatist" points of view has triggered dismay among Western human rights monitors. For example, the 11 September 2014 shutdown of Vesti newspaper by the Ukrainian Security Service for "violating Ukraine's territorial integrity" brought swift condemnation from the Committee to Protect Journalists and the Organization for Security and Co-operation in Europe.[45][nb 2]

Ukraine has also shut down several television stations operated by Russia on the grounds that they purvey propaganda.[45]

Freedom of expression and conscience

FEMEN is a feminist protest group founded in Ukraine in 2008[47] The organization became internationally known for organizing [48][49] topless protests against sex tourism,[48][50] religious institutions,[51] sexism and homophobia[52]

Amnesty International has appealed for the release of Ukrainian journalist Ruslan Kotsababy and declared him a prisoner of conscience.[nb 3]

Torture and conditions in detention

Main article: Prisons in Ukraine

Reports of torture and ill-treatment by police persisted during 2007 year, as did unduly long periods of pretrial custody. Of major concern were the inhumane conditions in detention with overcrowded cells, appalling sanitary conditions and the lack of appropriate medical care. During the year numerous group suicide attempts took place in some penal colonies.[16][54]

New evidence of torture was published since May 2016. According to Ivan Šimonović, UN assistant secretary-general for human rights, as published by The Times, both Ukrainian authorities and the authorities of separatist Donetsk and Luhansk People's Republics allow torture and run secret jails, and “disregard for human rights” had become entrenched and systemic. The New York Times reports that, after an exchange of prisoners, some detainees have left Ukrainian jails with visible injuries. On 25 May 2016, the United Nations Subcommittee on Prevention of Torture (SPT) suspended its visit to Ukraine after the government had denied it access to places in several parts of the country where it suspects these secret jails were located.[55][56][57][58]

Human rights abuses and the HIV/AIDS epidemic

Main article: HIV/AIDS in Ukraine

The Ukrainian government has taken a number of positive steps to fight HIV/AIDS, chiefly in the area of legislative and policy reform. But these important commitments are being undermined in the criminal justice and health systems by widespread human rights abuses against drug users, sex workers, and people living with HIV/AIDS.[11]

Migrants and refugees

The Ukrainian asylum system barely functions due to a highly decentralized structure spanning several government agencies and departments. The process of creating a single migration system has been slow; political interference in the system is common and abuses of migrants and asylum seekers' rights continue.

Human trafficking

There has been a growing awareness of human trafficking as a human rights issue in Europe. The end of communism has contributed to an increase in human trafficking, with the majority of victims being women forced into prostitution.[59][60] In 2013 Ukraine was a country of origin and country of transit for persons, primarily women and children, trafficked for the purpose of sexual exploitation and forced labor.[61] Charcoal production and pornography have been listed in the U.S. Department of Labor's List of Goods Produced by Child Labor or Forced Labor under the country of Ukraine in December 2014. The Government of Ukraine has shown some commitment to combat trafficking, but has been criticized for not fully complying with the minimum standards for the elimination of trafficking, and for inadequate trafficking prevention efforts.[62]

War in Donbass

During the ongoing warfare in Donbass, Ukraine has lost control over the territories of Donetsk People's Republic and Luhansk People's Republic and therefore suspended its human right obligations there. On 21 May 2015 the Verkhovna Rada of Ukraine has passed a resolution declaring that it has withdrawn from some of the obligations stipulated in the International Covenant on Civil and Political Rights(articles 2, 9, 12, 14, 17), the Convention for the Protection of Human Rights and Fundamental Freedoms(articles 5, 6, 8, 13) and European Social Charter(articles 1 p. 2, 4 p. 2-3, 8 p. 1, 14 p. 1, 15,16,17 p. 1a p. 1c, 23,30, 31 p. 1-2) at the Donbass region until "Russia cease its aggression in eastern Ukraine".[8][9]

Ukrainian human rights organizations

International human rights organizations cooperating in Ukraine

Notes

  1. ↑ Cases were opened against:
    1) Prime Minister – Tymoshenko.
    2) Minister of Police – Lutsenko.
    3) Minister of Defence – Ivashchenko.
    4) Minister of Finance – Danylyshyn.
    5) Minister of Natural Resources – Filipchuk.
    6) Deputy Minister of Justice – Korneichuk.
    7) Head of Customs of Ukraine – Makarenko.
    8) Head of the regional customs – Shepitko.
    9–10) Head of the State Treasury of Ukraine – Slyuz; Deputy head – Gritsoun.
    11) Deputy head of "Naftogaz" (state monopoly on trade in gas and oil) – Didenko.
    12) Governor of Dnipropetrovsk region (former Minister of Transport) – Bondar.
    Repeatedly called in for questioning in order to open a criminal case : minister and former mayor of Lviv – Kuybida; First Deputy Prime Minister – Turchynov.[18]
  2. ↑ Former Vesti News's editor-in-chief Igor Guzhva wrote on his Facebook page that the news outlet had been raided by Security Service of Ukraine (SBU). The SBU reportedly took all servers, kept staffers in a "hot corridor" and shut down the website completely. Guzhva said that the purpose of the raid was "to block our work." "Journalists are not being let into their office", Guzhva wrote. "Those who were already inside at the moment of the raid are being kept in the building and are not allowed to use cell phones." Guzhva said that this is the second time in just six months that the SBU has tried to "intimidate" its editors. He added that he is unsure of the reason for the raid, but suspects that it might have to do with a story the website recently published on the SBU chief's daughter.[46]
  3. ↑ On 10 February 2015, Amnesty International reported that a Ukrainian journalist, Ruslan Kotsaba, was accused and arrested by Ukrainian authorities for "treason and obstructing the military" in reaction to his statement that he would rather go to prison than be drafted by the Ukrainian Army. If found guilty he could potentially can face up to 15 year prison sentence. Amnesty International has appealed to Ukrainian authorities to free him immediately and declared Kotsaba a prisoner of conscience. Tetiana Mazur, director of Amnesty International in Ukraine stated that "the Ukrainian authorities are violating the key human right of freedom of thought, which Ukrainians stood up for on the Maidan." In response the Ukrainian Security Service (SBU) declared that they have found "evidence of serious crimes" but declined to elaborate.[53]

References

  1. 1 2 3 4 "Freedom in the World 2009". freedomhouse.org. Retrieved 3 October 2015.
  2. 1 2 3 David J. Kramer; Robert Nurick; Damon Wilson; Evan Alterman (April 2011). "Sounding the Alarm: Protecting Democracy in Ukraine, 2010" (PDF). Freedom House. Archived from the original (PDF) on 16 May 2011.
  3. 1 2 "Radio Liberty: Amnesty International notes worsening of human rights situation in Ukraine". Kyiv Post. 13 May 2011. Retrieved 3 October 2015.
  4. ↑ "Ukraine Report: Freedom in the World 2015". Freedomhouse.org. 2015. Retrieved 3 October 2015.
  5. ↑ "Ukraine elections comply with democratic standards: OSCE". dw.com. 26 October 2015. Retrieved 27 November 2015.
  6. ↑ "Ukraine local elections generally respected democratic process, but additional efforts needed to enhance public confidence, international observers say". OSCE. 26 October 2015. Retrieved 27 November 2015.
  7. ↑ "Human Rights Watch World Report 2015: Ukraine, Events of 2014".
  8. 1 2 Рада одобрила отступление от Конвенции о правах человека [Parliament endorsed withdrawal from the Convention on Human Rights] (in Russian). Bbc.co.uk. 21 May 2015. Retrieved 3 October 2015.
  9. 1 2 Рада разрешила не соблюдать в зоне АТО акты о правах человека [Rada has decided not to comply with human rights acts in ATO zones]. LB.ua (in Russian). 21 May 2015. Retrieved 3 October 2015.
  10. ↑ "Experts of Council of Europe have no remarks to Ukraine concerning rights and freedom of citizens". Kyivpost.com. 20 October 2009. Retrieved 4 October 2015.
  11. 1 2 3 "Ukraine: Events of 2006". Human Rights Watch. 2007. Archived from the original on 16 January 2007.
  12. ↑ "Press Freedom Index 2010". Reporters Without Borders. 20 October 2010. Archived from the original on 24 November 2010. Retrieved 4 October 2015.
  13. ↑ "Ukraine's Press Freedom Index rating falls steeply". Kharkiv Human Rights Protection Group. 10 October 2010. Retrieved 4 October 2010.
  14. ↑ "Report: Ukraine among states with worst human rights records". Kyiv Post. 14 December 2011. Retrieved 4 October 2015.
  15. ↑ Україна програла 11 мільйонів за день [Ukraine lost 11 million in a day]. Ukrayinska Pravda (in Ukrainian). 17 January 2013. Retrieved 4 October 2015.
  16. 1 2 "International Helsinki Federation Annual Report on Human Rights Violations (2007): Ukraine" (PDF). ihf-hr.org. refworld.org. 27 March 2007. Retrieved 18 April 2016.
  17. ↑ Richard Balmforth (9 April 2012). "Insight: In Ukraine, scales of justice often imbalanced". Reuters. Retrieved 4 October 2015.
  18. ↑ Jailhouse Watch: Many former top officials remain in jail for months, Kyiv Post (11 March 2011)
  19. ↑ Christian Neef (30 December 2010). "A Stockholm Conspiracy: The Underbelly of Ukrainian Gas Dealings". Spiegel.de. Retrieved 4 October 2015.
  20. ↑ "Court extends Makarenko's arrest until October 10". Kyiv Post. 14 September 2011. Archived from the original on 2010-10-22.
  21. ↑ Will Fitzgibbon (24 September 2011). "Ex-minister Ivashchenko's son: 'This is about revenge'". Kyiv Post. Archived from the original on 2011-09-02.
  22. ↑ "EU statement:'We are disappointed' with Lutsenko verdict". Kyiv Post. 27 February 2012. Archived from the original on 2012-02-28.
  23. ↑ "Q&A: Ukraine's Yulia Tymoshenko on trial". BBC News. 11 October 2011. Retrieved 4 October 2015.
  24. ↑ "Amnesty International: Jailed former Ukraine prime minister must be released". Kyiv Post. 11 October 2011. Archived from the original on 2011-12-28.
  25. ↑ "Parliament again votes down proposal to decriminalize 'Tymoshenko article'". Kyiv Post. Interfax-Ukraine. 8 February 2012. Archived from the original on 2012-02-08.
  26. ↑ "Trials of Tymoshenko, other officials fall short of European standards, Yanukovych admits". Kyiv Post. Interfax-Ukraine. 25 February 2012. Archived from the original on 2012-03-09.
  27. ↑ "Local newspaper editor badly injured in assault". Reporters Without Borders. 31 March 2010. Retrieved 4 October 2015.
  28. ↑ "Disturbing deterioration in press freedom situation since new president took over". Reporters Without Borders. 15 April 2010. Retrieved 4 October 2015.
  29. ↑ Media crackdown under way?, Kyiv Post (April 22, 2010)
  30. ↑ "Ukraine: Events of 2008". Human Rights Watch. Retrieved 3 October 2015.
  31. ↑ "Press Freedom Index 2009". Reporters Without Borders. 2009. Archived from the original on 30 September 2015. Retrieved 4 October 2015.
  32. ↑ "Press Freedom Index 2008". Reporters Without Borders. 2008. Retrieved 4 October 2015.
  33. ↑ "Press Freedom Index 2002". Reporters Without Borders. 2002. Retrieved 4 October 2015.
  34. ↑ "Press Freedom Index 2004". Reporters Without Borders. 2004. Retrieved 4 October 2015.
  35. 1 2 "1+1 TV journalists claim censorship of news reports]". Kyiv Post. 6 May 2010. Archived from the original on 2010-11-14.
  36. ↑ "STB TV channel journalists claim imposing of censorship on STB". Kyiv Post. 8 May 2010. Archived from the original on 11 May 2010.
  37. ↑ "European journalists call on Ukrainian authorities, media owners to respect press freedom". Kyiv Post. Interfax-Ukraine. 11 May 2010. Archived from the original on 2010-11-11.
  38. ↑ Anthony Mills (11 August 2010). "International Press Institute: Ukraine's press freedom environment has deteriorated 'significantly'". Kyiv Post. Archived from the original on 2010-11-23.
  39. ↑ Journalists, in defensive crouch, swing news coverage to Yanukovych's favor, Kyiv Post (6 May 2009)
  40. ↑ Semynozhenko: No examples of censorship on Ukrainian TV channels, Kyiv Post (13 May 2009)
  41. ↑ Opposition benefiting from topic of censorship at mass media, says Hanna Herman, Kyiv Post (May 13, 2009)
  42. ↑ (Ukrainian) Янукович: Україна готова, якщо Європа готова, BBC Ukrainian (10 May 2010)
  43. ↑ Special committee calls to check reports of pressure on journalists, Kyiv Post (13 May 2009)
  44. ↑ Michael Shields (23 May 2014). "Ukraine media freedom under attack: OSCE". Reuters. Retrieved 4 October 2015.
  45. 1 2 Fred Weir (21 September 2014). "Crackdown in Ukraine sullies its democratic aspirations". The Christian Science Monitor. Retrieved 4 October 2015.
  46. ↑ Catherine Taibi (9 November 2014). "Ukraine Security Services Break Into Newspaper Office, Shut Down Website". The Huffington Post. Retrieved 4 October 2015.
  47. ↑ Zoe Holman (19 October 2013). "Fearless ... and topless: Femen activists to bring 'sextremism' to the UK". theguardian.com. Retrieved 4 October 2015.
  48. 1 2 "Ukraine's Ladies Of Femen". Movements.org. 16 August 2011. Archived from the original on 2012-04-14. Retrieved 22 April 2013.
  49. ↑ Jeffrey Tayler (13 March 2013). "The Woman Behind Femen's Topless Protest Movement". The Atlantic. Retrieved 22 April 2013.
  50. ↑ "Femen wants to move from public exposure to political power". Kyiv Post. 28 April 2010. Archived from the original on 2010-12-07.
  51. ↑ Sam Wilson (23 October 2012). "Ukraine's Femen: Topless protests 'help feminist cause'". BBC News. Retrieved 4 October 2015.
  52. ↑ "Topless FEMEN Protesters Drench Belgian Archbishop André-Jozef Léonard, Protest Homophobia In Catholic Church". The Huffington Post. 25 April 2013. Retrieved 6 March 2015.
  53. ↑ Shaun Walker (11 February 2015). "Ukraine: draft dodgers face jail as Kiev struggles to find new fighters". The Guardian. Retrieved 4 October 2015.
  54. ↑ "UN Committee against Torture, Conclusions and recommendations: Ukraine". Committee against Torture, 38th session 30 April – 18 May 2007. UNHR. 2007. Archived from the original (DOC) on 29 June 2007.
  55. ↑ "Kiev allows torture and runs secret jails, says UN". The Times. Retrieved 6 June 2016.
  56. ↑ "U.N. Suspends Torture Inquiry in Ukraine". The New York Times. Retrieved 6 June 2016.
  57. ↑ Neistat, Anna (27 May 2016). "No Justice for Eastern Ukraine's Victims of Torture". Newsweek. Retrieved 3 August 2016.
  58. ↑ "UN torture prevention body suspends Ukraine visit citing obstruction". OHCHR. 25 May 2016. Retrieved 3 August 2016.
  59. ↑ "Slaves at the heart of Europe". Council of Europe. 1996. Archived from the original on 7 March 2004.
  60. ↑ "A modern slave's brutal odyssey". BBC News. 3 November 2004. Retrieved 6 March 2015.
  61. ↑ "Ukraine: 2014 Findings on the Worst Forms of Child Labor: Moderate Advancement". United States Department of Labor. Retrieved 3 October 2015.
  62. ↑ "V. Country Narratives -- Countries Q through Z". U.S. Department of State. Retrieved 6 March 2015.
  63. ↑ "Forum for Ukrainian Refugee-assisting NGOs held in Chernihiv". protection.org.ua. 29 June 2006. Archived from the original on 14 February 2013. Retrieved 27 November 2015.
  64. ↑ Комітет виборців України [Committee of Voters of Ukraine] (in Ukrainian). Cvu.org.ua. Retrieved 27 November 2015.
  65. ↑ "Congress of National Communities of Ukraine". KNGU. Archived from the original on 14 May 2008.
  66. ↑ ДОНЕЦКИЙ МЕМОРИАЛ [Donetsk Memorial] (in Russian). memo.ru. 2000. Archived from the original on 1 June 2008.
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