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Impact of Covid-19 on Human Rights in Ukraine

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Impact of Covid-19 on Human Rights in Ukraine Contents I. Executive summary ..................................................................................................................................................... 1 II. OHCHR methodology ................................................................................................................................................. 3 III. Context ........................................................................................................................................................................ 5 IV. Impact of COVID-19-related restrictions of freedom of movement on human rights ................................................ 8 A. Impact of COVID-19-related freedom of movement restrictions in Donetsk and Luhansk regions ..................... 8 B. Impact of COVID-19-related freedom of movement restrictions in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, temporarily occupied by the Russian Federation ............................................................. 11 V. COVID-19 in detention facilities .............................................................................................................................. 13 A. In Government-controlled territory ...................................................................................................................... 13 B. In territory controlled by self-proclaimed ‘republics’ .......................................................................................... 14 C. In the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, temporarily occupied by the Russian Federation ........................................................................................................................................................ 15 VI. Impact of COVID-19 on fair trial rights .................................................................................................................... 15 VII. Leave no one behind – impact of COVID-19 on groups in vulnerable situations .................................................... 16 A. Discrimination, violence and manifestations of intolerance ................................................................................ 18 B. Impact of COVID-19 on Roma ............................................................................................................................ 19 C. Impact of COVID-19 on older persons and persons with disabilities in long-term care facilities ...................... 20 D. Impact of COVID-19 on persons with disabilities in communities ..................................................................... 21 E. Impact of COVID-19 on people living in homelessness ...................................................................................... 22 F. Impact of COVID-19 on health workers .............................................................................................................. 22 VIII. Conclusions and recommendations ........................................................................................................................... 23 This paper is certified eco-friendly. Please contribute to sustainability by recycling this document. I. Executive summary 1. This thematic report by the Office of the United Nations High Commissioner for Human Rights (OHCHR) on the impact of COVID-19 on human rights in Ukraine covers the period from 20 February 2020, when a group of persons1 evacuated from Wuhan, China, was brought to Ukraine, to 6 December 2020. It is based on the work of the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU).2 2. The report pays particular attention to the impact of COVID-19 on economic and social rights with emphasis on persons and groups in vulnerable situations and at risk of being left behind. It aims to inform duty-bearers and rights holders in Ukraine and the international community and to recommend targeted actions enabling the Government and other actors to build back better through their pandemic response. While it does not provide a comprehensive account of all violations of economic and social rights that occurred during the reporting period, it provides an overview of key human rights issues related to the pandemic. As the number of infections in Ukraine rises and new response measures are introduced, further human rights issues are expected to emerge. 3. Ukraine introduced quarantine restrictions on 12 March 2020, following its first confirmed COVID-19 case on 29 February 2020. OHCHR remained fully operational during the reporting period, adjusting its work to minimize the risk of spreading the virus, carrying out activities in person only when possible to do so safely, and remotely when there was no alternative. 4. The COVID-19 pandemic has further exacerbated the hardships and deprivations faced by the conflict-affected population in eastern Ukraine, in particular because of restrictions on freedom of movement and their impact on the enjoyment of social and economic rights. The monthly average number of crossings through the contact line decreased from 1.1 million (over a similar period in 2019) to less than three hundred as a consequence of the closure of all five entry-exit crossing points (EECPs) from late March to late June 2020. The restrictions on freedom of movement have resulted in the separation of thousands of people from their families, and the loss of access to healthcare, education, pensions and sources of livelihoods. 5. As a result of restrictions on freedom of movement introduced by the Governments of Ukraine and the Russian Federation, the number of crossings through the Administrative Boundary Line (ABL) with the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, temporarily occupied by the Russian Federation (henceforth Crimea), in both directions during the period of March to September 2020 decreased by almost 90 per cent in comparison with the same period in 2019. The restrictions have affected people’s access to work, education, healthcare, property and family links. 6. The situation of persons in places of detention remained particularly precarious during the pandemic given that many detention facilities are overcrowded and not able to fully comply with prevention measures such as physical distancing and provision of personal protection equipment (PPE). In Government-controlled territory, the number of confirmed COVID-19 cases and deaths in the penitentiary system remains small, which may be due to insufficient testing. In territory controlled by self-proclaimed ‘Donetsk people’s republic’ and self- proclaimed ‘Luhansk people’s republic’3 and in Crimea, no figures regarding COVID-19 cases in detention are available, however OHCHR received information that persons in detention lacked personal protective equipment and access to adequate healthcare. 7. Access to justice and the guarantee of a public trial were also affected by COVID-19- related restrictions. Some courts prohibited observers and journalists access to premises, and many obstacles to equal access persisted in the digitalisation of administration of justice. 1 The group consisted of 45 Ukrainians and 27 foreign nationals. 2 HRMMU was deployed on 14 March 2014 to monitor and report on the human rights situation throughout Ukraine, with particular attention to the Autonomous Republic of Crimea, eastern and southern regions of Ukraine, and to propose recommendations to the Government and other actors to address human rights concerns. For more information, see UN Human Rights Council, Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Ukraine, 19 September 2014, A/HRC/27/75, paras. 7-8, available at www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session27/Documents/A-HRC-27-75_en.pdf. 3 Hereinafter ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’, referred to collectively as self-proclaimed ‘republics’. 1 8. The impact of COVID-19 on the economic and social rights of groups in vulnerable situations also poses a risk of backtracking on the sustainable development goals (SDGs) of the 2030 Agenda and the pledge to leave no one behind. Groups in vulnerable situations, and particularly women and girls within these groups, include Roma; persons with disabilities and older persons, in particular those living in long-term care facilities; and persons living in homelessness. In addition, the pandemic created new vulnerabilities, including among healthcare workers involved in the COVID-19 response. The rights to health, work, education and an adequate standard of living, which are linked directly to SDG 1 (poverty), SDG 2 (hunger), SDG 3 (health), SDG 4 (education), SDG 8 (decent work), SDG 10 (inequalities) and SDG 16 (peace, justice, and strong institutions) were most affected. The impacts have also been particularly gendered, with women disproportionally affected by the pandemic, including through a rise in domestic violence and a significant increase in unpaid care work, posing an additional risk to the achievement of SDG 5 (gender equality). 9. The report concludes with targeted recommendations aimed at mainstreaming human rights in the COVID-19 response and socio-economic recovery measures of the Government and other actors, which would contribute to improving the overall human rights situation in Ukraine and help ensure that the COVID-19 response and recovery are guided by the goals and ambition of the 2030 Agenda. 2 II. OHCHR methodology 10. The report is based on information gathered during
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