power88. There remains a need to adopt legislation and other measures to clarify the role
and responsibilities of law enforcement to ensure the principles of necessity,
proportionality, non-discrimination and accountability underpin the management of
peaceful assemblies.
144.
Currently a chilling trend has been observed where groups with different political
agendas have demanded the authorities not allow peaceful assemblies of people with
opposing viewpoints to theirs. This illustrates once again, the need for national
legislation in line with international norms and standards.
145.
In Crimea, the authorities would not allow the Crimean Tatars to hold their normal
celebration in the city centre of Flag Day on 26 June, but smaller gatherings took place
elsewhere.
146.
The subject matter of the peaceful assemblies held during the reporting period covered
a broad spectrum of people’s current concerns and included: protests against specific
cases of alleged corruption; protesting the lack of consultation on the appointments of
regional and local officials; families of soldiers protesting military service and
conditions; against Russian-owned banks and business; for peace in the east; in
observance of Crimean Tatar Flag Day and Constitution Day; and in support of both
sides of the ‘pro-Ukraine/pro-Federalism’ debate (separate demonstrations). Since 8 June
the Sunday ‘viche’ (people’s assembly) has been held in Kyiv on Maidan and is now a
regular weekly happening, having taken root in public consciousness as a watchdog for
Government accountability.
B.
147.
Freedom of association is an essential condition for the effective exercise of the right
to vote and must be fully protected. It includes the freedom to engage in political activity
individually or through political parties and other organizations. In this regard, it is noted
that on 8 July the Government filed a lawsuit to ban the Communist party of Ukraine.
C.
148.
Freedom of association
Freedom of expression
There were some worrying trends observed in the area of freedom of expression in
both the eastern and western parts of the country. As the severity of the violence
increased in the east and the crisis there dragged on, opinions became more polarized in
Ukraine. As a result, the level of hate speech has escalated dramatically, especially on
social media, but also in demonstrations and protests and even in Parliament89. Acts of
hate speech must be publicly condemned and prohibited by law 90. Political leaders
should refrain from using messages of intolerance or expressions which may incite
violence, hostility or discrimination; but they also have a crucial role to play in speaking
out firmly and promptly against intolerance, discriminatory stereotyping and instances of
hate speech.91 In an indicative action, some news sites in Ukraine have started blocking
88
The Prosecutor’s office has started an investigation on possible criminal responsibility of the police during the
two rallies held on 22 June in Kharkiv, for excessive use of force, under article 365 of the Criminal Code.
89
During a parliamentary session on 20 June, MP Ivan Stoyko made the following statement: ‘We are now at war
with the Mongoloid race, fascist Russia, which climbs on Ukraine like a locust in order to destroy our country,
our nation.’ Verbatim report.
90
Article 20 of the ICCPR; Article 4 of the ICERD.
91
Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence. A/HRC/22/17/Add.4., appendix.
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