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Shadow Report to Ukraine's 19Th to 21Th Periodic

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Shadow Report to Ukraine's 19Th to 21Th Periodic SUBMISSION TO THE 79TH SESSION OF THE COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION SHADOW REPORT TO UKRAINE’S 19TH TO 21TH PERIODIC REPORT UNDER THE ICERD The “Social Action” Centre – “No Borders” project Minority Rights Group International Contact persons: Bernadett Sebaly: [email protected] Iryna Fedorovych: [email protected] July 2011 1 CONTENTS 1. Introduction & Executive Summary ........................................................................................ 3 2. Recommendations……………………………………………………………………………..4 3. Prohibition of Discrimination In Ukraine: The Legislative Framework And The Practice Of Its Implementation..............................................................................................................................6 4. Failure of Ukraine authorities to protect minorities from racist violence and bring perpetrators of it to liability............................................................................................................................................9 5. Failure of Ukraine to meet the requirement of Article 4 of CERD by effectively banning propaganda and incitement of racial discrimination.........................................................................................18 6. Inefficiency Of Prohibition Of Discrimination Contained In Ukrainian Legislation (Article 2(1)(D))..........................................................................................................................................21 7. Inadequacy of Institutional Framework Charged With Elimination of Racial Discrimination in Ukraine...........................................................................................................................................22 8. Rights of Foreign Nationals and Stateless Persons in Ukraine and Discrimination of 'Visible Minorities' In Course Of Migration Management .........................................................................24 9. Overview of the Legal Framework Governing the Status of Foreign Nationals and Stateless Persons in Ukraine........................................................................................................................................24 10. Stereotyping and Stigmatising The Members Of “Non-Citizen” Population Groups On The Basis Of “Race”, Colour, Decent And National And Ethnic Origin Underpins Legislative Reforms (Cerd General Recommendation №30, Para 11 And 12)........................................................................................28 11. Stereotyping Of Non-Citizens On The Basis Of Their National Origin By The Authorities. Ethnic Profiling By Ukrainian Police as a 'Tool' Of Enforcement of Migration Rules..............................31 12. Failure of Ukraine to Ensure that the Effect of Laws Concerning Deportation and Other Forms of Removal of Non-Citizens From the Jurisdiction of the State Party Do Not Discriminate Against Certain Groups of Non-Citizens on the Basis of Race, Colour or Ethnic or National Origin.....................41 13. Failure to Ensure Due Respect to Family and Private Life Of Non-Citizens In Managing Migration.........................................................................................................................................46 14. Lack of Procedural Guarantees to Protect Non-Citizens from Arbitrary Detention. Conditions of Detention and Discrimination against Certain Groups of Non-Citizens on the Ground of Their National Origin in Enjoyment of Their Right to Liberty and Security of a Person (Cerd Recommendation №30; Para 19)............................................................................................................................................48 15. Failure of Ukraine to Ensure That Non-Citizens are Not Returned or Removed to a Country or Territory Where They are at Risk of Being Subject to Serious Human Rights Abuses, Including Torture..............................................................................................................................................49 16. Lack of Effective Remedies Available for Non-Citizens to Challenge Expulsion from Ukraine Particularly Disadvantage Those Non-Nationals Who Are Not Proficient either in Ukrainian or Russian Languages........................................................................................................................................51 17. Minorities rights.........................................................................................................................52 18. Rights of Refugees and Asylum Seekers in Ukraine..................................................................57 19. Situation of International Students in Ukraine............................................................................67 20. Information about Submitting NGOs..........................................................................................71 2 I. INTRODUCTION & EXECUTIVE SUMMARY 1.1 This Shadow Report has been written for the Committee on the Elimination of Racial Discrimination to assist it in its consideration of Ukraine’s Nineteenth to Twenty-first Periodic Report under Article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, scheduled to occur during its 79th session. It has been written in response to Ukraine’s Nineteenth to Twenty-first Periodic Report (CERD/C/UKR/19-21). 1.2 This Shadow Report has been prepared by the Social Action Centre –“No Borders” project (SAC), Minority Rights Group International (MRGI). SAC is Ukrainian NGO providing legal assistance to vulnerable minorities (especially, but exclusively to refugees and asylum seekers, foreign students, migrants), on matters of human rights violations, discrimination and hate crimes. MRG is a non- governmental organization working to secure the rights of ethnic, religious and linguistic minorities and indigenous peoples worldwide. 1.3 MRG and SAC undertook to assist the Committee on the Elimination of Racial Discrimination to consider Ukraine's performance under Articles 1, 2, 4, 5 and 6 of the Convention on the Elimination of All Forms of Racial Discrimination. This shadow report provides information with respect to vulnerable minorities (migrants, refugees, asylum seekers, foreign students and national minorities in Ukraine) unless otherwise stated. Therefore, the term minority used in this report will refer to any vulnerable minority unless specific term is used. 1.4 In summary, the submitting organisations encourage the Committee on the Elimination of Racial Discrimination to consider asking the Ukrainian Government the following questions with regard to Ukraine’s Nineteenth to Twenty-first Periodic Report: Does the Government recognise the fact that Ukrainian discrimination is lacking frame law prohibiting all form of discrimination? Does the Government plan to draft such law? Does the Government plan to amend appropriate norms of Ukrainian legislation to effectively ban different forms of discrimination including racial discrimination? What guaranties can the Government offer to ensure effective investigation and equal treatment in cases of hate crimes? Does the Government plan to create new special body to serve as a state executive expert on discrimination? Does the Government plan to make amendments into the criminal legislation to provide effective mechanism of investigation and proving bias motivated crimes, including racially motivated crimes? Can the Government establish effective and transparent state monitoring discrimination cases and provide follow up on state actions to remedy to victims? How the Government will ensure the principle of equality and provide basic human rights to all regardless of their legal status in its proactive work on migration reform? 3 RECOMMENDATIONS TO THE STATE: Reform relevant legislative framework to ensure access to redress for victims of all kinds of racial discrimination meeting the standards established by Articles 2 and 4 of CERD. In particular in consultations with civil society organisations and relevant experts: 1) develop a comprehensive anti-discrimination legislation that would contain precise definition of discrimination, it’s clear comprehensive interpretation and standards of identification; 2) review criminal, civil and administrative law remedies to ensure that victims of racial discrimination have enforceable right to redress of pecuniary and moral damage they might have suffered as a result of any form of racial discrimination. Take measures to effectively ban activities of organisations propagating and inciting racial discrimination even in those cases when such organisations are not officially registered. Adequately respond to infringement of minorities' right to dignity, security of a person, private and family life by private parties and as well as the authorities. Reform and re-establish institutional framework necessary for effective implementation of the right any person under Ukraine's jurisdiction not to be discriminated against on the ground of race, colour of skin, ethnicity or nationality. Further intensify its human rights training for the police, prosecutors, border-guards, staff of temporary detention facilities of undocumented migrants and refugees and judiciary as well as facilitate the reporting of cases of police abuse of Roma and other persons of different ethnic origin, effectively investigate complaints and bring those found guilty of such acts to justice, provide adequate protection and compensation
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