A/HRC/45/CRP.8A/HRC/45/CRP.8
VI. Civic space and fundamental freedoms
“There are more and more attacks [by extreme right-wing groups]
because of the upcoming local elections.”
Head of the branch of a political party in Zaporizhzhia commenting recent
attacks on political activists.
A.
Freedom of peaceful assembly and association
82.
OHCHR monitored twelve assemblies on site and 43 remotely. In most cases, the
authorities sufficiently mitigated risks of violence and responded adequately to security
incidents.
83.
However, OHCHR is concerned that law enforcement arbitrarily applied COVID-19
quarantine restrictions, and several assemblies were dispersed, or organizers faced
administrative or criminal proceedings, while other assemblies occurred without obstacles.
For example, the police referred to quarantine restrictions when dissolving an LGBTI event
in Kyiv on 25 June 2020.
84.
OHCHR documented attacks against peaceful gatherings of opposition political
parties, as well as against political party offices and political activists by ERWG and
reportedly affiliated individuals, raising concerns as Ukraine approaches local elections in
October 2020. For example, on 25 June 2020, a political party activist was violently attacked
near his home in Kharkiv, an hour after he filed a complaint with the National Police about
threats received from members of ERWG.56 In some cases, the police failed to prevent
attacks, and failed to investigate victims’ complaints, allowing attackers to evade
accountability.57 For example, on 17 June 2020 in Kyiv, members of a political party were
injured after being beaten and sprayed with pepper spray during and after a peaceful rally.58
Law enforcement officers failed to detain the attackers, and discouraged the victims from
submitting complaints. The failure of authorities to prosecute perpetrators of a wave of
similar attacks in 2018-2019 has contributed to an environment in which such attacks can
continue.59
85.
OHCHR is also concerned about potential limitations on the right to freedom of
assembly in the work place and the right to freedom of expression 60 should proposed draft
laws on trade unions61 and strikes and lockouts62 be adopted. Contrary to International Labour
Organization (ILO) conventions,63 these draft laws would limit workers’ rights to establish
more than two trade unions, within the same workplace, increase the minimum number of
members of trade unions, and eliminate collective bargaining.64
56
57
58
59
60
61
62
63
64
OHCHR interview, 25 June 2020.
OHCHR interviews, 19 June 2020, 25 June 2020. Facebook post by the Communications Department
of Poltava Police, available at www.facebook.com/police.polt/posts/2643070989128506?__tn__=-.
OHCHR interviews, 18-19 June 2020.
For example, on 12 December 2018, a group allegedly tied to an ERWG stormed the office of a
political party in Kyiv, beating at least two political activists.
The Special Rapporteur on the rights to freedom of peaceful assembly and of association expressed
his concern on the draft laws in his Communication to the Government of Ukraine of 17 July 2020
(OL UKR 2/2020); available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25408.
Draft law “On amending certain legislative acts of Ukraine (on certain issues concerning trade
unions)” No. 2681 of 27 December 2019.
Draft law “On strikes and lockouts” No. 2682 of 27 December 2019.
See International Labour Organization , Right to Organise and Collective Bargaining Convention,
1949 (No. 98).
In March 2020, the UN Committee on Economic, Social and Cultural Rights (CESCR) stated that
these draft laws would weaken the powers of trade unions, including the right to strike, resulting in
violations of article 8 of the International Covenant on Economic, Social and Cultural Rights and
21
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