concentrating exclusively on the issue of persons killed by snipers on 20 February, and that it
is not looking into issues related to responsibility for excessive force used on other occasions
during the course of demonstrations between November 2013 and January 2014.
V.
CURRENT OVERALL HUMAN RIGHTS CHALLENGES
A.
Protection of minority rights
62.
According to the 2001 census, ethnic Ukrainians constitute about 78 per cent of
Ukraine’s population, ethnic Russians constitute around 17 per cent, and around 5 per cent
belongs to other ethnic groups. While 67 per cent of the population declared Ukrainian as their
native language, well over one-third of the population (including many ethnic Ukrainians)
speaks Russian in their daily life. Russian is the predominant language of communication in
eastern and southern regions of the country, as well as in central Ukraine, including capital
Kyiv. As a result, Ukraine is largely a bilingual society, as was confirmed by stakeholders met
by the delegation throughout Ukraine. Consequently, nationalistic rhetoric and hate speech
may turn the ethno-linguistic diversity into a divide and may have the potential for human
rights violations.
63.
The diversity of Ukrainian society – as in any society is enriching – and needs to be
promoted and protected as a positive factor rather than a divisive one. According to a law
adopted in August 2012, any local language spoken by at least a 10% minority could be
declared official within the relevant area (oblast, rayon or municipality). Russian was within
weeks declared an official language in several southern and eastern oblasts and cities. The
2012 Law also recognised 17 other languages as regional languages.
64.
As already noted, Ukraine is a party to the Council of Europe’s Framework
Convention for the Protection of National Minorities and to the European Charter for Regional
or Minority Languages. Both the Advisory Committee on the Framework Convention and the
Committee of Experts on the European Charter, while acknowledging progress, have found
that there was great scope for improvement regarding the protection of the rights of minorities
in Ukraine.
65.
In its third opinion released in 2012, for example, the Advisory Committee on the
Framework Convention recalled its previous observations on the need to remove legal
obstacles to wider representation of national minorities and more effective participation of
persons belonging to national minorities in elected bodies. It regretted that the numerous
recommendations made by international bodies for the introduction of a regional proportional
system based on open lists and multiple regional constituencies, to allow for stronger regional,
including minority, representation, had not been taken into account.
66.
The OHCHR delegation met with some interlocutors who conveyed a perception that
the right of minorities to participate in political life is not fully taken into account. While the
Batkivshchyna and Svoboda parties, currently part of the new majority coalition, are largely
affiliated with western Ukraine, the Party of Regions is seen as prevailingly being supported
by the population of eastern regions. The composition of the current Cabinet is perceived by
some people in eastern and southern Ukraine as not being inclusive, as most of its members
come from western Ukraine. According to various reports, a number of high level officials –
governors, mayors, and senior police officers – have been replaced by supporters of the new
coalition parties, many coming from western Ukraine.
15 | P a g e
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