MIDTERM EVALUATION IMPLEMENTATION OF THE RECOMMENDATIONS OF THE UNIVERSAL PERIODIC REVIEW (2017-2020) Stakeholders report to midterm reporting (third cycle) CONTENT INTRODUCTION 6 GENERAL ASSESSMENT OF OBSERVING HUMAN RIGHTS IN 2017-2020 6 ASSESSMENT OF OBSERVING HUMAN RIGHTS IN AREAS ON WHICH UPR 2020 RECOMMENDATIONS WERE PROVIDED 9 ADMINISTRATION OF JUSTICE, BRINGING TO LIABILITY AND THE RULE OF LAW 9 IMPLEMENTATION OF THE PROVISIONS OF international humanitarian LAW AND peace BUILDING 11 PREVENTION OF TORTURE ANd ILL-treatment 13 PREVENTION OF TORTURE ANd ILL-Treatment IN THE CONTEXT OF RUSSIA’S POLITICAL PRISONERS IN CRIMEA AND CAPTIVES AND CIVIL HOSTAGES IN DONBAS 16 PREVENTION OF ILL-Treatment AGAINST PEOPLE WITH dISABILITIES, ESPECIALLY MINORS 17 FREEdOM OF EXPRESSION ANd PROTECTION OF JOURNALISTS 18 FREEDOM OF PEACEFUL ASSEMBLY AND ASSOCIATION 21 FREEDOM OF ASSOCIATIONS AND PROTECTION OF CIVIL SOCIETY 23 PREVENTION OF GENdER-BASEd ANd dOMESTIC VIOLENCE 25 National HUMAN RIGHTS INSTITUTION 31 Combatting TRAFFICKING IN HUMAN BEINGS 31 THE PROBLEM OF Discrimination IN UKRAINE 36 FULFILLMENT OF THE NATIONAL ACTION PLAN FOR THE IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF PEOPLE WITH DISABILITIES 43 IMPROVING ACCESS TO QUALITY EDUCATION FOR INTERNALLY DISPLACED CHILDREN, ESPECIALLY CHILDREN WITH DISABILITIES 45 PROTECTION OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS AND RESIDENTS OF THE TEMPORARILY OCCUPIED TERRITORIES OF UKRAINE 46 EVAluation OF Status OF IMPLEMENTATION OF THE RECOMMENDATIONS OF THE UNIVERSAL PERIODIC REVIEW 49 REPort PrePAreD Ukrainian Helsinki Human Rights Union is a public union that unites Fight For Right is a non-profit human rights organization, whose NGOs from different regions of Ukraine. UHHRU promotes the mission is to achieve free exercising of human rights by people development of humane society based on respect to human life, with disabilities in Ukraine. The FFR works to implement effec- dignity and harmonious relations between a person, state and na- tively the UN Convention on the Rights of Persons with Disabili- ture through creation of a platform for cooperation between the ties and other international human rights standards in the coun- members of the Union and other members of the human rights try through raise awareness, advocacy tools and empowerment movement. of the community of people with disabilities. www.helsinki.org.ua. Contact persons https://ffr.org.ua/node/4 Contact persons: Email [email protected] Oleksandr Pavlichenko [email protected] Email: [email protected] Tekuchova Iryna [email protected] Tel +38 044 485 17 92 Kseniia Semorkina [email protected] Sachuk Yuliia [email protected] The mission of the Educational House is to unite the efforts of ZMINA Human Rights Center works to protect freedom of speech, civil society to promote human rights education in Ukraine; to freedom of movement, anti-discrimination, prevent torture and protect and promote human rights through the development of ill-treatment, fight impunity, support human rights defenders and a consolidating educational space. civil society activists in Ukraine, including the occupied Crimea, and protect victims of armed violence. conflict in Ukraine. The educational house is a member of the Network of Human Rights Houses (hereinafter - the «Network»), headed by the The organization conducts information campaigns, educational Foundation of Human Rights Houses, which protects, supports programs, monitors and documents cases of human rights viola- and expands the capabilities of human rights defenders and tions, prepares research and analysis, and seeks change through their organizations. The Educational House, as a member of the national and international advocacy. Network, respects the Code of Conduct of the Network. https://zmina.info/ Contact persons The Educational House was established to promote the values and principles of human rights in Ukraine and abroad, as well as Tetiana Pechonchyk [email protected] Email: [email protected] for the cooperation of civil society institutions on the observance Tel: +38 (044) 272-42-52, Alyona Lunyova [email protected] of fundamental human rights and freedoms through educational +38 (067) 502 08 01 Margaryta Tarasova [email protected] projects and activities. http://ehrh.org/ Contact person: The CSO «La Strada-Ukraine» is human rights NGO working with +38 (0462) 930-907 Burov Serhiy the issues of prevention of all the forms of gender-based violence, Email: [email protected] in particular domestic violence, counteracting human trafficking, enforcing children`s rights, gender equality, peacebuilding, pro- The activities of the Center for Civil Liberties are aimed at pro- moting implementation of human rights standards into all spheres tecting human rights and promoting democracy in Ukraine and of life of state and society. the OSCE region. The organization is known for its work on im- proving legislation, implementing public control practices, con- https://la-strada.org.ua/ Contact persons ducting educational activities and protecting persecuted people in the occupied territories of Crimea and donbas. The organ- https://facebook.com/lastradaukraine/ Yuliia Anosova [email protected] ization widely engages ordinary people in human rights work Email: [email protected] Kateryna Borozdina, [email protected] through its human rights campaigns and volunteer initiatives. Details on: https://ccl.org.ua/ The Social Action Centre is a human rights organization based Contact us: [email protected] in Ukraine. We are a non-profit group working on equality and non-discrimination. Our mision we develop and promote change to achieve equal rights for everyone in Ukraine. What we do: The report was prepared by independent experts and NGOs with Awareness-raising about mechanisms for protection and counter- the support of the Civil Society for Democracy project and Hu- action to discrimination and hate crimes; Education on develop- man Rights for Ukraine project, which are implemented by the ment and implementation of equality policies; Advocacy for estab- United Nations Development Program in Ukraine and funded by lishment of effective system of protection against discrimination the danish Ministry of Foreign Affairs. and counteraction to hate crimes. The authors of the publication bear all the responsibility for the content, and the text of the publication does not necessarily re- http://socialaction.org.ua/ Contact person flect the positions of thed anish Ministry of Foreign Affairs or the Email: [email protected] Fedorovych Iryna [email protected] United Nations development Program. Details on: www.ua.undp.org 4 5 The activity of the Ukrainian Parliament Commissioner for Human Rights deserves special INTRODUCTION attention. A new Commissioner was appointed in 2018. However, the procedure for his ap- pointment was not transparent. Immediately during the process of electing and appointing the Commissioner, which lasted 10 months, amendments were made to the relevant Law, which is a violation of the procedure. The UN Monitoring Mission stated that “Parliament has a duty to protect the integrity and independence of the institution of the Commissioner. The current se- lection procedure risks undermining public confidence in the national human rights institution. It should be reviewed and changed as a precondition for the election of a new Commissioner. “ It is necessary to eliminate the conflict in the legislation, as such procedural issues will arise GENERAL ASSESSMENT OF OBSERVING in the next elections of the Ombudsman. HUMAN RIGHTS IN 2017-2020 In October 2019, the subcommittee on accreditation of the Global Network of Human Rights Institutions re-accredited the Ukrainian Parliament Commissioner for Human Rights with the status of «A». The Subcommittee notes that a clear, transparent process for participation in In November 15, 2017 the National Report of Ukraine in the framework of the Universal Peri- elections and appointments to NHRI decision-making bodies should be included in relevant odic Review (UPR) was considered at the session of the UPR working Group of the UN Human legislation, regulations or mandatory administrative instructions, as appropriate. A process Rights Council (HRC). As a result of the review, Ukraine received 190 recommendations from that facilitates merit-based selection and provides the pluralism needed to ensure the inde- 47 UN member stated on problematic issues that needed to be addressed. Ukraine noted 27 pendence and public confidence of the NHRI’s top management. In 2019, funding for the Sec- of them. retariat of the Ukrainian Parliament’s Commissioner for Human Rights in the state budget was doubled. In addition, a separate item of expenditures of the state budget of Ukraine provided NGOs prepared an overview of the human rights situation in the midterm period of the UPR for the financing of the National Preventive Mechanism. cycle and assessed the state of implementation of the recommendations provided by Ukraine. Particular attention should be paid to the improper implementation of the National Strategy In general, the human rights situation is constantly monitored by the national human rights for Human Rights. NGOs that monitored its implementation in 2016-2019, the report notes mechanism, non-governmental organizations, as well as international organizations such as that the state of its implementation is currently 28%3. the UN, Council of Europe,