A/HRC/28/64/Add.1
issues in no way undermines or is incompatible with their claims to indigenous status and
to enjoy the rights contained in the United Nations Declaration on the Rights of Indigenous
Peoples.
7.
In its resolution 68/262 of 27 March 2014, the General Assembly upheld the
territorial integrity of Ukraine and underscored that the referendum held in the Autonomous
Republic of Crimea on 16 March 2014 had no legal validity. The visit and findings of the
Special Rapporteur are in full conformity with resolution 68/262 regarding recognition of
the continuing status of the Autonomous Republic of Crimea as the territory of Ukraine
under international law. The present report does not provide a comprehensive analysis or
chronology of events resulting in political and social unrest and conflict in 2014, but
summarizes developments relevant to minority issues. The report includes references to
events after the Special Rapporteur’s visit and has benefited from the reports of the Office
of the United Nations High Commissioner for Human Rights (OHCHR)1 and others.
III. Minority rights: legal and institutional framework
8.
Ukraine is a party to several of the international human rights instruments that are
most relevant to minority rights, including: the International Covenant on Civil and
Political Rights, the International Covenant on Economic, Social and Cultural Rights, and
the International Convention on the Elimination of All Forms of Racial Discrimination.
Article 9 of the Constitution of Ukraine provides that ratified international treaties are part
of the national legislation. Ukraine is a member of the Council of Europe, and has been a
State party to the Convention for the Protection of Human Rights and Fundamental
Freedoms since 1997. It has signed and ratified the major European multilateral treaties for
the protection of national minorities: the Framework Convention for the Protection of
National Minorities, and the European Charter for Regional or Minority Languages, and
falls under their monitoring procedures.
9.
The Constitution of Ukraine2 (art. 11) requires that the State “promotes the
consolidation and development of the Ukrainian nation, of its historical consciousness,
traditions and culture, and also the development of the ethnic, cultural, linguistic and
religious identity of all indigenous peoples and national minorities”. The right to equality
and non-discrimination is enshrined under article 24, which prohibits “privileges or
restrictions based on race, colour of skin, political, religious and other beliefs, sex, ethnic
and social origin, property status, place of residence, linguistic and other characteristics”.
10.
Article 10 establishes that the State language is Ukrainian but that “the free
development, use and protection of Russian, and other languages of national minorities of
Ukraine, is guaranteed”. Article 53 recognizes the right to native-instruction: “Citizens who
belong to national minorities are guaranteed in accordance with the law the right to receive
instruction in their native language, or to study their native language in State and communal
educational establishments and through national cultural societies”.
11.
On 25 June 1992, Law 2494–XII on National Minorities3 was adopted. It defines
national minorities as citizens who are not ethnic Ukrainian but hold feelings of a national
identification and affinity among themselves (art. 3). It established a consultative body, the
Council of Representatives for Public Associations of National Minorities, within the
1
2
3
Available from www.ohchr.org/en/countries/ENACARegion/Pages/UAIndex.aspx.
English version provided by Ukraine to the Venice Commission, available from
www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2014)012-e.
Available from http://zakon2.rada.gov.ua/laws/anot/en/2494-12.
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