Ukraine A report by the europeAn romA rights Centre Country Profile 2011-2012 ChAllenging DisCriminAtion promoting equAlity Ukraine: CoUntry Profile table of Contents 1 About the Country Profile 5 2 Introduction and Background Data 7 2.1 Socio-Eeconomic Data 8 3 Summary of (Crosscutting) Laws, Policies and Structures 11 3.1 Prohibition Against Racial and Ethnic Discrimination 11 3.2 Governmental Policies on Roma Inclusion 13 3.3 Other Minority Related Bodies and Organisations 14 4 Key Issues by Theme 15 4.1 Lack of Personal Documents 15 4.1.1 Background and ERRC Activities 15 4.2 Housing and Inadequate Living Conditions 16 4.2.1 Legal Framework 16 4.2.2 Background and ERRC Activities 16 4.3 Violence Against Roma 17 4.3.1 Legal and Policy Framework 17 4.3.2 Background and ERRC Activities 17 4.4 Access to Education 19 4.4.1 Legal and Policy Framework 19 4.4.2 Background and ERRC Activities 20 Annex 1: Human Rights Treaty Ratification and Reservation Table 23 Profile 3 Ukraine: CoUntry Profile 1 about the Country Profile The Ukraine country profile focuses on lack of personal documents, housing, violence and education as key areas for work for the ERRC. The information is correct as of April 2013. The Ukraine country profile was produced by: Kieran O’Reilly, Darya Alekseeva, Vladimir Kondur, Stephan Muller, Djordje Jovanovic, Dezideriu Gergely, Marianne Powell and Dzavit Berisha. This publication and the research contributing to it have been funded by various ERRC funders, including the Swedish International Development Co-operation Agency, Open Society Foundations and the Sigrid Rausing Trust. The content of this publication is the sole responsibility of the European Roma Rights Centre. The views expressed in the report do not necessarily represent the views of donors. Profile 5 Ukraine: CoUntry Profile 2 introduction and Background Data The population of Ukraine is about 45,453,000, of whom 47,587 are Roma, according to the most recent official census date in 2001.1 However, unofficial estimates suggest that the number of Roma in Ukraine is between 120,000 and 400,000.2 Roma live dispersed all over Ukraine, however population density varies throughout the country. The largest concentrations live in the following regions (oblasts): Odessa, Poltava, Cherkassy, Donetsk, Dnepropetrovsk, Kharkiv, Chernovtsy and Transcarpathia. In certain areas in Tran- scarpathia in western Ukraine, Roma officially represent as much as 3% of the population. Roma in Ukraine are divided into several sub-groups, related to characteristics such as the re- gion they live in, main language spoken, profession of ancestors, time when ancestors became sedentary, or religion,3 Roma sub-groups in Ukraine include Russka Roma and Servi Roma who settled in Ukraine in the 17th Century, and the Vlachi Roma who migrated in the mid-18th Cen- tury. Groups which migrated in the 19th and 20th Centuries include Kalderara and Lovari Roma, who it is believed migrated from Romania. There are also smaller groups such as Plashchuni and Ursari Roma from Moldavia, and Ungrika Roma, found mainly in Hungarian-speaking areas of Western Ukraine.4 Current ERRC activities in Odessa Region have shown that there is a wide diversity even within a concentrated region, including many Moldovan Roma, and Roma from Georgia who came to Ukraine to escape violent conflict in Georgia in the early 1990s. Nationwide, comprehensive data on the socio-economic situation of the Roma in Ukraine does not exist. Nationwide statistics are in general based on the census results; however, the majority of Roma do not disclose their identity in census-taking which creates a serious obstacle for the production of reliable data. Ukrainian authorities have been urged to establish and implement a system of ethnic data collection to assess and redress any racial discrimination that may exist in the country. This should be in full compliance with all relevant national laws as well as European and interna- tional regulations and recommendations on data protection and the protection of privacy, as stated in ECRI’s General Policy Recommendation No.1 on combating racism, xenophobia, anti-Semitism and intolerance. However, no such policy has been implemented and there is no reliable data, thus it is difficult to quantify the discrimination which Roma face. 1 State Statistics Committee of Ukraine, All-Ukrainian Population Census, available at: http://2001.ukrcensus. gov.ua/eng/. 2 European Commission, An EU Framework for National Roma Integration Strategies up to 2020, Brussels, 2011, avail- able at: http://ec.europa.eu/justice/policies/discrimination/docs/com_2011_173_en.pdf. 3 Almost all Roma groups in Ukraine are sedentary. There are only a few semi-nomadic groups living in the Western part of Ukraine. 4 European Roma Rights Centre, Proceedings Discontinued. The Inertia of Roma Rights Change in Ukraine, December 2006, p 17. Profile 7 introduction anD BaCkgroUnD Data Currently, Ukraine and the European Union closely cooperate within the European Union Neighbourhood Policy, which allows the EU to offer political, economic and administrative support to the Ukrainian authorities.5 In 2010, the EU, in cooperation with the Council of Europe (CoE), supported the Ukrainian government in several areas including building ca- pacity to work with Roma towards integration; empowering Romani women; and improving access to healthcare through the introduction of Roma health mediators.6 In 2013, a Decree of the President On the Strategy on the Protection and Integration of Roma in Ukraine up to 2020 was published.7 The Decree calls for the development of an Action Plan to complement the Strategy within six months of the President signing the Strategy. In its Third Report on the Implementation of the Framework Convention for the Protection of National Minorities (2009), the Ukrainian government outlined the policies it has under- taken to improve the overall living conditions of the Roma in the country.8 The authorities reported that they are in constant discussions with Roma representatives to identity the needs of the community and that they have worked to provide equal access to education. However, the government admitted that Roma still face serious problems with regard to education, em- ployment, health and housing, and everyday discrimination. Further, the government stated that they cannot tackle these issues properly because they lack resources and capacity.9 A fundamental problem is that many Roma lack documents, which deprives them of the right to access essential services provided by the state. ERRC field research has shown that Romani children in Odessa oblast have problems accessing education due to the lack of documents.10 2.1 Socio-economic Data Roma in Ukraine face everyday discrimination and social exclusion. Available data indicates that many Romani communities in Ukraine live in conditions of extreme poverty, often in segregated settlements with little or no access to basic social services such as the education system, health system and other essential services. In general, within the communities there prevails a low level of formal education (in particular among women), high level of unem- ployment, deplorable living conditions and bad health status. 5 European Union, External Action, Ukraine, available at: http://eeas.europa.eu/ukraine/index_en.htm. 6 European Union, European Instrument for Democracy and Human Rights, Improving living conditions and integration of Roma, 2010, available at: http://www.eidhr.eu/files/dmfile/eidhr-campaign-factsheet-14_en.pdf. 7 Government of Ukraine, Схвалено Стратегію захисту та інтеграції ромів в українське суспільство до 2020 року, available at: http://www.kmu.gov.ua/control/publish/article?art_id=246034108. 8 Council of Europe, Third Report Submitted by Ukraine Pursuant to Article 25, Paragraph 2 of the Framework Conven- tion for the Protection of National Minorities, Strasbourg, 2009, available at: http://www.coe.int/t/dghl/moni- toring/minorities/3_FCNMdocs/PDF_3rd_SR_Ukraine_en.pdf. 9 Council of Europe, Third Report Submitted by Ukraine Pursuant to Article 25, Paragraph 2 of the Framework Conven- tion for the Protection of National Minorities, Strasbourg, 2009, available at: http://www.coe.int/t/dghl/moni- toring/minorities/3_FCNMdocs/PDF_3rd_SR_Ukraine_en.pdf. 10 ERRC Field research, Odessa region, June – August 2011. 8 eUroPean roma rights Centre | www.errC.org Ukraine: CoUntry Profile Housing: In the locations where the ERRC conducted research, Roma in Ukraine face serious obstacles in accessing adequate housing. Roma often live in substandard conditions in physical- ly-isolated ghettos, without basic infrastructure and access to public transportation or utilities such as electricity, water and sanitation. Those living in informal settlements or lacking registra- tion or ownership documents for their homes face the potential threat of eviction. Employment: According to ERRC research in Odessa oblast, unemployment is a serious problem, especially for the Roma community.11 Ukrainian Roma frequently cannot find work due to both the difficult economic situation and outright racial discrimination. Health: ERRC research in 2011 confirmed that due to the lack of personal documents, many Roma do not have access to medical services. Many Roma communities live in extreme poverty; overcrowded housing conditions, the absence of clean running water and sanitation, and inadequate nutrition make Roma more vulnerable to disease. The health status of Roma is worse than the status of comparable segments of the non-Roma population. Health prob- lems, including heart trouble, stress and infectious diseases such as TB, seem to be relatively widespread among Roma.12 Education: Romani children continue to face problems accessing education in Ukraine, as previous ERRC research found.13 Some schools refuse to enrol Roma children because of docu- mentation issues. If they are enrolled there is a strong possibility that they will attend a Roma- only school, or a class in which the curriculum is different from regular mainstream schools. 11 ERRC Field research, Odessa region, June – August 2011.