A/HRC/41/CRP.2
to the text of the draft law adopted in the first reading, 95 particularly in respect to language
proficiency requirements for accessing public office, as well as to the linguistic requirements
in the electoral process, in printed media and in commercial spheres. It also aims to ensure
adequate educational opportunities, such as preparatory language training programmes.
81.
However, the main concern remains that, in the absence of special legislation
regulating the use of minority languages in Ukraine, the legal framework does not provide
sufficient guarantees for the protection and use of minority languages. The law thus requires
the Cabinet of Ministers to submit to the Parliament a draft law on the realisation of the rights
of indigenous peoples and national minorities of Ukraine by January 2020.96 It is also
concerning that the legislator continues to distinguish between minorities speaking an official
language of the EU and other national minorities. 97
C.
Freedom of peaceful assembly and association
82.
Before the first round of the Presidential elections, OHCHR observed an increase in
the number of peaceful assemblies organised by Presidential candidates, civic activists and
extreme right-wing groups. All assemblies, including large assemblies monitored by OHCHR
on 2 May 2019 in Odesa, and on 9 May 2019 in Kharkiv, Kyiv and Odesa, were peaceful and
sufficiently secured by law-enforcement agencies.
83.
OHCHR commends the professional conduct of the police during the peaceful events
organised in support of women’s rights throughout Ukraine on 8 March 2019. Participants of
these events in Kyiv, Uzhhorod, Kharkiv, Lviv, and Mariupol were able to enjoy their right
to freedom of peaceful assembly. In Kyiv, approximately 1500 people participated in the
march to support women’s rights. While extreme right-wing groups protested against the
march, police prevented them from disrupting it.
84.
Despite this positive development, OHCHR is concerned about the lack of
accountability for prior attacks on similar assemblies. For instance, attacks on women’s
marches in Kyiv, Lviv and Uzhhorod on 8 March 2018 have not yet been investigated and
perpetrators have not been brought to account. As long as such impunity remains
unaddressed, space for the promotion and protection of fundamental freedoms is at risk.
85.
In territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk people’s
republic’, OHCHR continues to observe an absence of free and peaceful assembly. All
assemblies observed during the reporting period were reportedly organised by ‘Donetsk
people’s republic’ and ‘Luhansk people’s republic’ and participants reportedly did not
express any critical views.
D.
Freedom of religion or belief
86.
OHCHR monitored the process of transition of churches and religious communities
from the Ukrainian Orthodox Church to the newly-established Orthodox Church of Ukraine,
noting that these processes are often conflictual, and in some cases, violence occurred,
involving supporters of both churches. OHCHR documented nine cases in Kyiv and Rivne
regions involving violence by supporters of the Orthodox Church of Ukraine. OHCHR is
95
96
97
The text of the draft law (No. 5670-d) adopted in the first reading was substantially changed before
the final vote with 849 amendments introduced largely to mitigate the concerns found in the initial
text. OHCHR Report on the human rights situation in Ukraine, 16 August to 15 November 2018,
para. 84.
Para. 8 (3) of Chapter IX of the law No. 2704-VIII.
Law No. 2704-VIII provides preferential treatment to indigenous peoples and minorities using the EU
official languages in the spheres of education, media and publishing. The issue of differential
treatment was highlighted by the Venice Commission in its Opinion No. 902/2017 on the Provisions
of the Law on Education of 5 September 2017 which concern the use of the State language and
minority and other languages in Education. The Venice Commission recommended amending the law
to address the issue of discriminatory treatment of minority languages, which are not official
languages of the EU. See also OHCHR Report on the human rights situation in Ukraine, 16
November 2017 to 15 February 2018, para. 136.
23
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