A/HRC/45/CRP.8A/HRC/45/CRP.8
the pandemic. This will serve to inform Ukraine and its partners of what needs to be done to
ensure we leave no one behind.
122. Looking forward, OHCHR urges all stakeholders to respect democratic space and
fundamental freedoms in the country, including the situation pertaining to freedoms of
opinion and expression, peaceful assembly and association, particularly in the upcoming
period prior to local elections, scheduled for October. The Government must not tolerate acts
of intolerance or discrimination based on any grounds, including political opinion, and must
ensure equality before the law for all individuals regardless of their political views.
123. OHCHR urges the implementation of the following recommendations, based on its
findings from the current reporting period:
124.
To the Ukrainian authorities:
To the Parliament and the Cabinet of Ministers:
(a)
Bring the definition of torture as contained in Article 127 of the Criminal
Code into full conformity with Article 1 of the UN Convention against Torture;
(b)
Prioritise the development of draft laws on the status and social protection
of civilian victims of the conflict, and on restitution and compensation for housing, land
and property lost due to the armed conflict and occupation of Crimea;
(c)
Harmonize the legislative acts and by-laws regulating freedom of
movement of civilians in the conflict zone, including those owing to COVID-19
restrictions, with respect to their dignity and rights;
(d)
Ensure that EECPs are fully equipped with shelter, water, medical
assistance, and hygiene and sanitation facilities for all persons crossing, and especially
for those forced to wait for extended periods at or near EECPs because of COVID-19related restrictions;
(e)
Prioritise adoption of the law enabling access to a pension for all
individuals, including those residing in territory controlled by self-proclaimed
‘republics’ and IDPs;
(f)
Elaborate, without delay and in consultation with gender-balanced
representation of national minorities and indigenous people, a gender-sensitive draft
law on the realisation of the rights of national minorities and indigenous people of
Ukraine;
(g)
Expedite the qualification evaluation of judges and selection of new judges
to address the understaffing of courts, in particular by amending legislation on the High
Qualification Commission of Judges and ensuring the appointment of its members
without unnecessary delays;
(h)
Ensure that any legislation regarding criminal responsibility of judges
corresponds to international standards guaranteeing their independence through
functional immunity. Provisions that criminalize misconduct of judges should be
formulated precisely enough to guarantee judicial independence and functional
immunity in interpretation of the law, assessment of facts and weighing of evidence;
To State and local authorities:
(i)
Publicly and systematically condemn all acts of violence, calls for violence,
and hate speech directed at groups or individuals on the basis of race, sex, religion,
language, national or ethnic origin, political or social opinion, sexual orientation, gender
identity, place of residence, or any other prohibited grounds. Promptly, impartially and
efficiently investigate all cases of violent attacks and threats against groups at risk (such
as media professionals, human rights defenders, members of the LGBTI community,
national minorities, political parties and any others), and bring perpetrators to account
regardless of their affiliation. Crimes charged should be appropriately classified to take
into account motives and aggravating circumstances;
(j)
Ensure security for public assemblies, including smaller assemblies and
events organized by representatives of groups at risk; take action to immediately
31
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