5.
Similarly, in a bid to break away from the past, the Parliament has taken initial steps to
adopt legislation regarding a lustration policy that would apply to some public officials
affiliated to the previous Government. There are concerns that this law, if adopted, could be
used to vet out large numbers of officials. It is essential that any new legislation and policies
be adopted through an approach based on the rule of law and human rights, without any spirit
of revenge. It is crucial to ensure that human rights violations are not dealt with any form of
human rights violations.
6.
In Crimea, a number of concerns relating to human rights could be observed before
and during the 16 March referendum. On 27 March, the General Assembly in paragraph 5 of
resolution 68/262 concluded that the referendum “had no validity”. In addition to this, the
presence of paramilitary and so called self-defence groups as well as soldiers in uniform
without insignia, widely believed to be from the Russian Federation, was not conducive to an
environment in which voters could freely exercise their right to hold opinions and the right to
freedom of expression. There have also been credible allegations of harassment, arbitrary
arrest, and torture targeting activists and journalists who did not support the referendum.
Furthermore, seven persons were reported as missing; the HRMMU is verifying their
whereabouts. The situation of the Tatar community is also one that remains somewhat
ambiguous following the referendum. While the Tatar community was promised numerous
concessions, including Government positions as well as the recognized status as indigenous
peoples, the majority of the members of the community chose to boycott the referendum.2
Statements from authorities in Crimea and officials in the Russian Federation indicate plans to
relocate or resettle within Crimea some of those Crimean Tatars who in protest against the
slow progress of the restitution of land lost following forced relocation of their land, have
occupied land illegally in recent years.
7.
In eastern Ukraine, where a large ethnic Russian minority resides, the situation remains
particularly tense with ethnic Russians fearing that the central Government does not represent
their interests. Although there were some attacks against the ethnic Russian community, these
were neither systematic nor widespread. There are also numerous allegations that some
participants in the protests and in the clashes of the politically opposing groups, which have
already taken at least four lives, are not from the region and that some have come from the
Russian Federation.
8.
Irrespective of the fact that systemic shortcomings may be only remedied in the longerterm, it will be important to immediately take initial measures to build confidence between the
Government and the people, and among the various communities, and reassure all people
throughout Ukraine that their main concerns will be addressed.
9.
In addition to combatting speech that advocates national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence and introducing impartial
reporting on the on-going human rights situation, it will be critical to counter the deepening
divide in the country by ensuring inclusivity and equal participation of all in public affairs,
including political life. In this respect, legislation on minorities, in particular on linguistic
rights, should be adopted following full consultation with all those concerned and according to
relevant international and regional human rights standards.
2
OHCHR was informed by representatives of Crimean Tatars that no more than 1000, out of a population of
290,000-300,000, participated in the 16 March referendum.
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