A/HCR/40/CRP.4 12. Ukraine has engaged in almost continuous electoral reform since its independence. With four major electoral system reforms – from a majoritarian system to a mixed system to fully proportional and back to mixed –it is one of the countries in the world that has undergone the most frequent changes to its electoral system. A new, ongoing reform process was initiated in 2014 when, under a Coalition Agreement, the main political parties agreed to transform the electoral system from a mixed system to a proportional one with open lists. 13. There are currently over a dozen draft laws on the agenda of the Parliament aimed at (a) ensuring regular renewal of democratic representatives through elections; (b) avoiding undue administrative influence that may have an impact on the results of elections; and (c) ensuring accountability for those who violate electoral laws. These legislative initiatives include the draft Electoral Code and are commonly referred to by experts and civil society as elements of the “electoral reform”.9 Although these documents are at different stages of the legislative process, with some having passed the first reading, none of them will affect the 2019 elections.10 14. While over one million11 internally displaced persons (IDPs) in Ukraine enjoy the full scope of voting rights in presidential elections, they are still not eligible to vote in local elections and to fully participate in parliamentary elections.12 OHCHR remains concerned about the absence of regulatory framework to guarantee the full participation of IDPs in the elections.13 IV. Trends negatively affecting the exercise of fundamental freedoms 15. Throughout the reporting period, OHCHR documented 164 violations affecting the fundamental freedoms of opinion and expression, peaceful assembly and association, and religion or belief, as well as the right to non-discrimination and equal protection under the law. While documenting a gradual increase14 of violations affecting journalists and other media professionals, civic and political activists, and defence lawyers, OHCHR notes that a significant number of them relate to attacks allegedly perpetrated by extreme right-wing groups, in most cases with impunity. Even though there was a decrease in violations after 15 9 10 11 12 13 14 2011; Law “On local elections” No. 595-VIII, 14 July 2015; Law “On Central Electoral Commission” No. 1932-IV, 30 June 2004; Law “On political parties in Ukraine” No. 2365-III, 5 April 2001; and Law “On the State register of voters” No. 698-V, 22 February 2007. See European Parliament Policy Department, Directorate-General for External Policies, Study “The electoral reforms in three association countries of the Eastern Neighbourhood - Ukraine, Georgia and Moldova”, October 2017. According to good electoral practice, fundamental changes to electoral law should not be made within one year before an election. See Venice Commission’s Code of Good Practice in Electoral Matters (CDL-AD(2002)023rev), item II 2b. This is a raw estimation based on numbers provided by the Ministry of Temporarily Occupied Territories and IDPs of Ukraine (not taking into account the estimated number of IDPs who are under 18 years old.). According to the official statistics of the State registry of voters, there were 35,582,184 registered voters as at 31 January 2019 in Ukraine. In one case, in April 2018, the Prymorskyi district court of Odesa restored the voting rights of an IDP from Donetsk. In July 2018, in another case, the Supreme Court of Ukraine ruled that registration of place of residence for IDPs was a temporary measure, whereas the right to participate in local elections would be granted for those with permanent registration in a respective area. This could be considered as a setback, as IDPs should be able to exercise the right to vote in local, as well as parliamentary and presidential elections. According to Draft guidelines for States on the effective implementation of the right to participate in public affairs States should remove unreasonable barriers to voter registration, including onerous or burdensome administrative requirements for accessing the necessary documentation to exercise the right to vote, particularly for women, minorities, indigenous peoples, those living in remote areas and internally displaced persons (A/HRC/39/28, 20 July 2018) In the course of 2018, OHCHR documented 41 violations of fundamental freedoms between 16 February and 15 May, 45 violations between 16 May and 15 August, and 59 between 16 August and 15 November. 5