Human rights in Ukraine
Encyclopedia
Until very recently human rights in Ukraine were better than those in most former Soviet republics
and Ukraine
was labeled as "free" by organizations such as Freedom House
. However in 2011 Freedom House labeled Ukraine "Partly Free". Amnesty International
also signalled a significant deterioration of the observance of human rights in Ukraine in 2011.
Ukraine signed but not yet ratified
had been labeled as "free" by organizations such as Freedom House
in recent years. In there 2009 report on Ukraine they stated: "Ukraine has one of the most vibrant civil societies in the region. Citizens are increasingly taking issues into their own hands, protesting against unwanted construction, and exposing corruption. There were no limits seen on NGO activities. Trade union
s function, but strikes and worker protests where infrequent observed, even though dissatisfaction with the state of economic affairs was pervasive in the fall of 2008
. Factory owners where seen as still able to pressure their workers to vote according to the owners’ preferences." On October 20, 2009 experts from the Council of Europe
stated "in the last five years the experts from the Council of Europe who monitor Ukraine have expressed practically no concerns regarding the important [process of the] formation of a civil society
in Ukraine. Ukraine is one of the democratic states in Europe that have securing human rights
as a national policy, as well as securing the rights of national minorities." According to Human Rights Watch
(HRW), "while civil society institutions operate mostly without government interference, police abuse and violations of the rights of vulnerable groups … continue to mar Ukraine’s human rights record."
After the early 2010 election
of President Viktor Yanukovych
international organizations start to voice their concern. According to Freedom House, “Ukraine under President Yanukovych has become less democratic and, if current trends are left unchecked, may head down a path toward autocracy and kleptocracy.” Among the recent negative developments, they mentioned “a more restrictive environment for the media, selective prosecution of opposition figures, worrisome intrusiveness by the Security Service of Ukraine, widely criticized local elections in October 2010 … and erosion of basic freedoms of assembly and speech.” This led Freedom House to downgrade Ukraine from “Free” to “Partly Free” in “Freedom in the World 2011. Also in 2011 Amnesty International
spoke of "an increase in the number of allegations of torture and ill treatment in police custody
, restrictions on the freedom of speech and assembly, as well as mass manifestations of xenophobia.
In Reporters Without Borders
Press Freedom Index
2010 Ukraine had fallen from 89th place to 131. Neighboring Russia’s press freedom was ranked at position 140.
in that they re-introduced the so-called general supervision by the prosecutor’s office. Other serious problems included lengthy periods for review of cases because the courts were overloaded; infringement of equality of arms; non-observance of the presumption of innocence; the failure to execute court rulings; and high level of corruption in courts.
According to Freedom House
the judiciary has become more efficient and less corrupt since the Orange Revolution
.
concluded in 2007 that these attacks, and police reluctance in some cases to pursue the perpetrators, were “helping to foster an atmosphere of impunity against independent journalists.”
Ukraine's ranking in Reporters Without Borders
´s Press Freedom Index
has in the latest years been around the 90th spot (89 in 2009, 87 in 2008), while it occupied the 112th spot in 2002 and even the 132nd spot in 2004.
Since Viktor Yanukovych
was elected President of Ukraine
in February 2010 Ukrainian journalists and international journalistic watchdogs have complained about a deterioration of press freedom in Ukraine. Yanukovych responded (in May 2010) that he "deeply values press freedom" and that ‘free, independent media that must ensure society’s unimpeded access to information’. Anonymous journalists stated early May 2010 that they were voluntarily tailoring their coverage so as not to offend the Yanukovych administration and the Azarov Government
. The Azarov Government denies censoring the media, so did the Presidential Administration and President Yanukovych himself.
and ill-treatment by police persisted, as did unduly long periods of pretrial custody. Of major concern were the inhumane conditions in detention with overcrowded cells, appalling sanitary conditions and the lack of appropriate medical care. During the year numerous cases of group suicide attempts, took place in some penal colonies.,,
Human trafficking is illegal, however the majority of convicted traffickers received probation instead of prison sentences. The government adopted a multi-year policy to fight human trafficking, however Ukraine remained a country of transit and destination for large numbers of trafficked persons.
Post-Soviet states
The post-Soviet states, also commonly known as the Former Soviet Union or former Soviet republics, are the 15 independent states that split off from the Union of Soviet Socialist Republics in its dissolution in December 1991...
and Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
was labeled as "free" by organizations such as Freedom House
Freedom House
Freedom House is an international non-governmental organization based in Washington, D.C. that conducts research and advocacy on democracy, political freedom and human rights...
. However in 2011 Freedom House labeled Ukraine "Partly Free". Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
also signalled a significant deterioration of the observance of human rights in Ukraine in 2011.
Ukraine is a party of the following international treaties
- International Covenant on Civil and Political RightsInternational Covenant on Civil and Political RightsThe International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
(ICCPR) - (First) Optional Protocol to the ICCPR
- International Covenant on Economic, Social and Cultural RightsInternational Covenant on Economic, Social and Cultural RightsThe International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
- Convention on the Elimination of All Forms of Discrimination against WomenConvention on the Elimination of All Forms of Discrimination Against WomenThe Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
(CEDAW) - Optional Protocol to CEDAW
- Convention on the Rights of the ChildConvention on the Rights of the ChildThe United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
(CRCCRC- Organizations :* California Rehabilitation Center, a state prison in the USA* Cambridge Regional College, a further education college* Cambridge Regional College F.C., a semi-professional football club in England* Canada Research Chair* Capital Research Center...
) - Optional Protocol to the CRCCRC- Organizations :* California Rehabilitation Center, a state prison in the USA* Cambridge Regional College, a further education college* Cambridge Regional College F.C., a semi-professional football club in England* Canada Research Chair* Capital Research Center...
on the involvement of children in armed conflict - International Convention on the Elimination of All Forms of Racial Discrimination
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentUnited Nations Convention Against TortureThe United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world....
- Optional Protocol to the Convention against Torture
- Convention relating to the Status of RefugeesConvention Relating to the Status of RefugeesThe United Nations Convention Relating to the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not...
(1951) - Protocol relating to the Status of RefugeesProtocol Relating to the Status of RefugeesThe Protocol Relating to the Status of Refugees entered into force on October 4, 1967. Where the United Nations 1951 Convention relating to the Status of Refugees had restricted refugee status to those whose circumstances had come about "as a result of events occurring before 1 January 1951", as...
(1967)
Ukraine signed but not yet ratified
- Rome Statute of the International Criminal CourtRome Statute of the International Criminal CourtThe Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
Ukraine is a party of the following European treaties
- European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) (1950)
- Protocol No. 6 to the ECHR concerning the abolition of the death penalty in times of peace (1983)
- Protocol No. 12 to the ECHR concerning the general prohibition of discrimination (2000)
- Protocol No. 13 to the ECHR concerning the abolition of the death penalty in all circumstances (2002)
- Framework Convention on the Protection of National MinoritiesFramework Convention for the Protection of National MinoritiesThe Framework Convention for the Protection of National Minorities was signed on February 1995 by 22 member States of the Council of Europe ....
Situation
Overview
UkraineUkraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
had been labeled as "free" by organizations such as Freedom House
Freedom House
Freedom House is an international non-governmental organization based in Washington, D.C. that conducts research and advocacy on democracy, political freedom and human rights...
in recent years. In there 2009 report on Ukraine they stated: "Ukraine has one of the most vibrant civil societies in the region. Citizens are increasingly taking issues into their own hands, protesting against unwanted construction, and exposing corruption. There were no limits seen on NGO activities. Trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
s function, but strikes and worker protests where infrequent observed, even though dissatisfaction with the state of economic affairs was pervasive in the fall of 2008
2008–2009 Ukrainian financial crisis
Ukraine was hit heavily by the late-2000s recession, the World Bank expects Ukraine's economy to shrink 15% in 2009 with inflation being 16.4%....
. Factory owners where seen as still able to pressure their workers to vote according to the owners’ preferences." On October 20, 2009 experts from the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
stated "in the last five years the experts from the Council of Europe who monitor Ukraine have expressed practically no concerns regarding the important [process of the] formation of a civil society
Civil society
Civil society is composed of the totality of many voluntary social relationships, civic and social organizations, and institutions that form the basis of a functioning society, as distinct from the force-backed structures of a state , the commercial institutions of the market, and private criminal...
in Ukraine. Ukraine is one of the democratic states in Europe that have securing human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
as a national policy, as well as securing the rights of national minorities." According to Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
(HRW), "while civil society institutions operate mostly without government interference, police abuse and violations of the rights of vulnerable groups … continue to mar Ukraine’s human rights record."
After the early 2010 election
Ukrainian presidential election, 2010
The Ukrainian presidential election of 2010 is Ukraine's fifth presidential election since declaring independence from the Soviet Union in 1991. The first round was held on January 17, 2010...
of President Viktor Yanukovych
Viktor Yanukovych
Viktor Fedorovych Yanukovych is a Ukrainian politician who has been the President of Ukraine since February 2010.Yanukovych served as the Governor of Donetsk Oblast from 1997 to 2002...
international organizations start to voice their concern. According to Freedom House, “Ukraine under President Yanukovych has become less democratic and, if current trends are left unchecked, may head down a path toward autocracy and kleptocracy.” Among the recent negative developments, they mentioned “a more restrictive environment for the media, selective prosecution of opposition figures, worrisome intrusiveness by the Security Service of Ukraine, widely criticized local elections in October 2010 … and erosion of basic freedoms of assembly and speech.” This led Freedom House to downgrade Ukraine from “Free” to “Partly Free” in “Freedom in the World 2011. Also in 2011 Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
spoke of "an increase in the number of allegations of torture and ill treatment in police custody
Prisons in Ukraine
Prisons in Ukraine are regulated by the State Penitentiary Service of Ukraine that is part of the Ministry of Justice of Ukraine.There are 32 preliminary prisons, 131 penitentiary establishments for adults and 8 colonies for minor criminals in Ukraine. According to Amnesty International torture and...
, restrictions on the freedom of speech and assembly, as well as mass manifestations of xenophobia.
In Reporters Without Borders
Reporters Without Borders
Reporters Without Borders is a France-based international non-governmental organization that advocates freedom of the press. It was founded in 1985, by Robert Ménard, Rony Brauman and the journalist Jean-Claude Guillebaud. Jean-François Julliard has served as Secretary General since 2008...
Press Freedom Index
Press Freedom Index
The Press Freedom Index is an annual ranking of countries compiled and published by Reporters Without Borders based upon the organization's assessment of their press freedom records. Small countries, such as Andorra, are excluded from this report...
2010 Ukraine had fallen from 89th place to 131. Neighboring Russia’s press freedom was ranked at position 140.
The right to fair trial
Amendments to the constitution, which came into force, were detrimental for fair trialFair Trial
Fair Trial was a British Thoroughbred racehorse and Champion sire. He was bred and raced by John Arthur Dewar who also bred and raced Tudor Minstrel....
in that they re-introduced the so-called general supervision by the prosecutor’s office. Other serious problems included lengthy periods for review of cases because the courts were overloaded; infringement of equality of arms; non-observance of the presumption of innocence; the failure to execute court rulings; and high level of corruption in courts.
According to Freedom House
Freedom House
Freedom House is an international non-governmental organization based in Washington, D.C. that conducts research and advocacy on democracy, political freedom and human rights...
the judiciary has become more efficient and less corrupt since the Orange Revolution
Orange Revolution
The Orange Revolution was a series of protests and political events that took place in Ukraine from late November 2004 to January 2005, in the immediate aftermath of the run-off vote of the 2004 Ukrainian presidential election which was claimed to be marred by massive corruption, voter...
.
Media Freedom and Freedom of Information
In Ukraine’s provinces numerous, anonymous attacks and threats persisted against journalists, who investigated or exposed corruption or other government misdeeds. The US-based Committee to Protect JournalistsCommittee to Protect Journalists
The Committee to Protect Journalists is an independent nonprofit organisation based in New York City that promotes press freedom and defends the rights of journalists.-History:A group of U.S...
concluded in 2007 that these attacks, and police reluctance in some cases to pursue the perpetrators, were “helping to foster an atmosphere of impunity against independent journalists.”
Ukraine's ranking in Reporters Without Borders
Reporters Without Borders
Reporters Without Borders is a France-based international non-governmental organization that advocates freedom of the press. It was founded in 1985, by Robert Ménard, Rony Brauman and the journalist Jean-Claude Guillebaud. Jean-François Julliard has served as Secretary General since 2008...
´s Press Freedom Index
Press Freedom Index
The Press Freedom Index is an annual ranking of countries compiled and published by Reporters Without Borders based upon the organization's assessment of their press freedom records. Small countries, such as Andorra, are excluded from this report...
has in the latest years been around the 90th spot (89 in 2009, 87 in 2008), while it occupied the 112th spot in 2002 and even the 132nd spot in 2004.
Since Viktor Yanukovych
Viktor Yanukovych
Viktor Fedorovych Yanukovych is a Ukrainian politician who has been the President of Ukraine since February 2010.Yanukovych served as the Governor of Donetsk Oblast from 1997 to 2002...
was elected President of Ukraine
President of Ukraine
Prior to the formation of the modern Ukrainian presidency, the previous Ukrainian head of state office was officially established in exile by Andriy Livytskyi. At first the de facto leader of nation was the president of the Central Rada at early years of the Ukrainian People's Republic, while the...
in February 2010 Ukrainian journalists and international journalistic watchdogs have complained about a deterioration of press freedom in Ukraine. Yanukovych responded (in May 2010) that he "deeply values press freedom" and that ‘free, independent media that must ensure society’s unimpeded access to information’. Anonymous journalists stated early May 2010 that they were voluntarily tailoring their coverage so as not to offend the Yanukovych administration and the Azarov Government
Azarov Government
The first Azarov Government was appointed on March 11, 2010 as part of the "Stability and Reform" coalition between the Party of Regions, Lytvyn Bloc and the Communist Party of Ukraine in the Verkhovna Rada, Ukraine's parliament...
. The Azarov Government denies censoring the media, so did the Presidential Administration and President Yanukovych himself.
Torture and Conditions in Detention
Reports of tortureTorture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
and ill-treatment by police persisted, as did unduly long periods of pretrial custody. Of major concern were the inhumane conditions in detention with overcrowded cells, appalling sanitary conditions and the lack of appropriate medical care. During the year numerous cases of group suicide attempts, took place in some penal colonies.,,
Human Rights Abuses and the HIV/AIDS Epidemic
The Ukrainian government has taken a number of positive steps to fight HIV/AIDS, chiefly in the area of legislative and policy reform. But these important commitments are being undermined by widespread human rights abuses against drug users, sex workers, and people living with HIV/AIDS in the criminal justice and health systems.Migrants and Refugees
The Ukrainian asylum system barely functions due to a highly decentralized structure spanning several government agencies and departments. Process to create a single migration system has been slow; political interference in the system is common and abuses of migrants and asylum seekers’ rights continue.Human Trafficking
There has been a growing awareness of human trafficking as a human rights issue in Europe. The end of communism has contributed to an increase in human trafficking, with the majority of victims being women forced into prostitution. Ukraine is a country of origin and country of transit for persons, primarily women and children, trafficked for the purpose of sexual exploitation. The Government of Ukraine has shown some commitment to combat trafficking but has been criticised for not fully complying with the minimum standards for the elimination of trafficking and inadequate trafficking prevention efforts.Human trafficking is illegal, however the majority of convicted traffickers received probation instead of prison sentences. The government adopted a multi-year policy to fight human trafficking, however Ukraine remained a country of transit and destination for large numbers of trafficked persons.
Ukrainian human rights organizations
- Association “Civic Initiative” (Kirovohrad) http://www.monitoring.kr.ua
- Civic Methodics and Information Center «Universe»
- Chernigiv Committee for the Protection of Citizens's Constitutional Rights http://www.protection.org.ua/english/index.php?SSID=dd13c6ff739e3eba26739b9b00226273
- Committee of Voters of Ukraine http://www.cvu.org.ua/?lang=eng
- Congress of National Communities of Ukraine http://www.kngu.org/KongrEng/AboutEng.htm
- Donetsk Memorial http://www.memo.ru/about/adr/reg_15.htm
- "For Professional Assistance" (Poltava region) http://www.iaps-ci.org/ru/
- Kharkiv Human Rights Protection GroupKharkiv Human Rights Protection GroupThe Kharkiv Human Rights Protection Group is one of the oldest and most active Ukrainian human rights organizations. As a legal entity, it was established in 1992, but it has been working as a human rights protection group since 1988 under the Society "Memorial", a first official human rights...
- Odessa Human Rights Group “Veritas” http://www.veritas.org.ua
- Ukrainian Helsinki Human Rights UnionUkrainian Helsinki Human Rights UnionAll-Ukrainian Association of Public Organizations Ukrainian Helsinki Human Rights Union was founded by 15 public human rights organizations on 1 April 2004...
International human rights organizations cooperating in Ukraine
- Amnesty International Ukraine (suspended from 2009) http://amnesty.org.ua
- International Society for Human Rights-Ukrainian Branch http://igfm.org.ua/
- Moscow Helsinki GroupMoscow Helsinki GroupThe Moscow Helsinki Group is an influential human rights monitoring non-governmental organization, originally established in what was then the Soviet Union; it still operates in Russia....