COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION
30 July – 17 August 2001
360. The Committee considered the fifteenth and sixteenth periodic
reports of Ukraine (CERD/C/384/Add.2), due on 6 April 1998 and 2000
respectively, at its 1482nd and 1483rd meetings (CERD/C/SR.1482 and
1483), on 9 and 10 August 2001. At its 1491st and 1492nd meetings
(CERD/C/SR.1491 and 1492), on 16 August 2001, it adopted the following
361. The Committee welcomes the fifteenth and sixteenth periodic reports
of Ukraine as well as the additional information that the State party's
delegation provided during its oral presentation.
B. Factors and
difficulties impeding the implementation of the Convention
362. The Committee acknowledges the statement of the State party that
it is in a process of significant political, economic and social reform.
C. Positive aspects
363. The Committee notes with satisfaction the continuing efforts
of the State party to reform its legislation, including its Criminal
Code, the abolition of the death penalty and the creation of an appeals
court system, and in particular the State party's recent adoption
of the Law on Refugees of January 2000, the Citizenship Law of January
2001 and the Law on Immigration of June 2001.
364. The Committee notes the number of provisions in domestic legislation,
in particular article 37 of the Constitution, article 66 of the Criminal
Code and the provisions of the National Minorities Act, prohibiting
the dissemination of racial and ethnic hate propaganda and the creation
of organizations and political parties that are based upon racial
hatred or discrimination. The Committee also notes that legal action
has been taken against publications and organizations for fomenting
anti-Semitism and inter-ethnic hatred.
365. Since issues relating to minority languages have remained one
of the most salient problems of inter-ethnic relations in Ukraine,
the Committee welcomes the State party's efforts to provide educational
opportunities in a number of minority languages as detailed in paragraphs
56-58 of the State party report.
366. The Committee commends the continuing efforts by the State party
to resettle and rehabilitate the Crimean Tatars, who were deported
367. The Committee also welcomes the announcement that a new census
will take place in December this year.
D. Concerns and
368. The Committee regrets the lack of information in the report,
despite the Committee's previous request to this effect, on demographic
data that compare the socio-economic status of various ethnic groups
in the population. The Committee recommends that the State party in
its next report provide data on the composition of the population,
as requested in the reporting guidelines of the Committee. If possible,
such data should also be disaggregated by gender.
369. The Committee is concerned that national legislation does not
contain sufficient provisions prohibiting discrimination on the grounds
of race or ethnic or national origin in conformity with the requirements
of the Convention. The Committee recommends that the State party take
all appropriate legislative measures to ensure that the provisions
of the Convention are fully reflected in domestic law. The Committee
emphasizes the importance of adequately prohibiting and penalizing
acts of racial segregation and discrimination whether they are committed
by individuals or associations.
370. In particular, the Committee recommends again that the State
party review its legislation in order to ensure that it meets fully
the requirements of article 4.
371. The Committee also recommends that the State party adopt effective
measures, pursuant to article 5 of the Convention, guaranteeing equal
enjoyment of the rights enumerated in those provisions to all ethnic
groups within Ukraine, without distinction based on race, colour,
descent or national or ethnic origin.
372. The Committee is concerned that institutions to enforce laws
against racial discrimination and provide remedies and recourse measures
are not sufficiently utilized. The Committee requests the State party
to include in its next periodic report information about complaints
filed, investigations and prosecutions initiated, and criminal or
civil sanctions imposed in cases of offences which have a bearing
on racial discrimination, including the outcome of investigations
of complaints filed with the Human Rights Ombudsman. The Committee
also requests that the next report contain information on steps taken
by the State party to educate the public about the existence of the
recourse measures and how they may be utilized by victims.
373. The Committee is concerned about reports of the continuing discriminatory
treatment of Roma and violence against them and their property. The
Committee is particularly concerned about reports of police brutality
against the Roma population, including arbitrary arrests and illegal
detention. The Committee recommends that the State party take immediate
and effective steps to stop these abuses and that the next report
contain information on human rights training for the police, investigations
of complaints of abuse and disciplinary and criminal measures taken
against those found guilty of committing abuses.
374. While noting efforts made by the State party to facilitate the
resettlement and rehabilitation of Crimean Tartars, the Committee
reiterates its concern regarding the difficulties experienced by the
Crimean Tartars in acquiring Ukrainian citizenship. At the same time
it was felt that this resettlement should not generate new ethnic
tensions that might lead to conflict between Crimean Tatars and other
minorities. The Committee recommends that the State party review its
legislation and practices in this regard and make any revisions required
by the Convention.
375. The Committee was disturbed by the oral statement of the delegation
that many nationals of a certain African country are involved in drug
trafficking in Ukraine. The Committee strongly recommends that the
State party take actions to counter any tendency to target, stigmatize
or stereotype, which could lead to racial profiling of particular
population groups by police and immigration officers as well as in
the media and society at large.
376. The Committee encourages the State party in its efforts to ensure
education and teaching in the mother tongue of minorities, wherever
377. Noting that it has not yet received any individual communications
from persons under the jurisdiction of the State party, although the
State party has accepted the jurisdiction of the Committee under article
14, the Committee recommends that the State party ensure that the
public is well informed of the possibility of submitting such communications
to the Committee.
378. The Committee recommends that the State party's reports continue
to be made readily available to the public from the time they are
submitted and that the Committee's observations on them be similarly
379. The Committee recommends that the State party submit its seventeenth
periodic report jointly with its eighteenth periodic report, due on
6 April 2004, and that it address all points raised in the present