A/HRC/8/45
Page 7
21.
Belgium recalled reports on cases of discrimination and intolerance against minorities and
expressed concern regarding violent attacks based on racism or xenophobia, which seem to be on
the increase. Welcoming the measures taken by the Government in this regard, and the Plan of
Action Against Racism 2007, Belgium enquired about the most effective recent measures in
combating discrimination and recommended that the Government step up its struggle against
racism, inter alia through implementing the recommendations made by the Committee on the
Elimination of Racial Discrimination (CERD) concerning identity documents for Roma as well as
those made by CEDAW and the Committee on the Representation of Women in Public Services.
22.
Austria noted the constructive cooperation of Ukraine with the international human rights
mechanisms, including the treaty bodies and special procedures. Austria recommended to Ukraine
to consider ratifying the Rome Statute of the International Criminal Court as a matter of priority.
With reference to concerns voiced by several treaty bodies as well as the Special Rapporteur on the
sale of children about the remaining high number of persons trafficked for purposes of sexual
exploitation, Austria noted important measures, including the adoption of legislation to prosecute
the offenders under the framework of the States Programme to Combat Trafficking in Human
Beings and asked about provisions for the protection of victims of trafficking and protection
measures they might entail. Austria recommended to the Government of Ukraine to allocate
sufficient funds for the implementation of the State Programme and establish training and
awareness-raising projects for law enforcement officials dealing with victims of trafficking. It also
noted that according to the Human Rights Committee, corruption, in particular in the judiciary,
remains a persistent problem in Ukraine and asked how the Government promotes the integrity and
independence of the judiciary. Austria recommended to the Government to implement the
recommendations of various treaty bodies as well as the national Parliament Commissioner for
Human Rights to establish a separate juvenile justice system for children and youth in line with
European and international standard as soon as possible.
23.
Ukraine noted that the responses to many of the questions were reflected in the national
report. It noted great interest in issues related to the status of women, gender equality and
cooperation with NGOs and the community councils. In 2005, such a community council was
created within the Ministry of Interior, bringing together national and international NGOs as well as
OHCHR. It examines issues related to the prevention of violence against women and children, the
promotion of gender equality in law enforcement agencies, the protection of the rights of citizens in
detention, and the prevention of trafficking. Similar councils have also been established at the
regional levels. In 1998, criminal responsibility for trafficking in persons was introduced, reflected
in article 149 of the Criminal Code, which was amended in 2006 by broadening its definition to
bring it in compliance with international instruments. Ukraine had adopted two national plans of
action against trafficking, one in 1991-2001 on the prevention of the trafficking in women and
children, and a comprehensive programme against trafficking in persons until 2005, to which a
budget of 2.6 mill. UAH was allocated. The new State programme on the prevention of trafficking
in persons until 2010 was adopted in March 2007, for which similar funds were earmarked.
However, its budget was further revised, with allocations for 2009 increased by four times. The
bodies responsible for combating trafficking are the Ministry of Interior, the Ministry of Family,
Youth and Sport and the General Prosecutor’s Office.
24.
Ukraine is changing its approach to issues related to migration and refugees, and a new
policy is currently being elaborated which will lead to changes in existing legislation, in particular
related to issues such as the status of foreigners, stateless persons, refugees and persons who are in
need of additional temporary protection. Some of the new laws on immigration, particularly on
labour migration and the rights of migrants will be more liberal.
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