A/HRC/28/64/Add.1 former Ministry for Nationalities (art. 5). It guarantees cultural rights including, inter alia, native-language instruction in State educational institutions, the celebration of national holidays, the right to freedom of religion, and protection of historical and cultural heritage (art. 6). Minority languages may also be used, alongside Ukrainian, in workplaces where the majority of the population belongs to a minority (art. 8). The right to political participation at all levels is guaranteed (art. 9). A specific State budget is established to support “the development of national minorities” (art. 16). Article 19 provides that in case of conflict between that norm and international law, the latter has primacy. 12. Since the Law on National Minorities was adopted, the institutional framework of national minorities has undergone numerous changes and the Ministry for Nationalities has been abolished. In 2010, Presidential decree No. 1085/2010 disbanded the State Committee on Nationalities and Religions, which was the main body in charge of minority issues, following institutional reform, and its competencies were assumed by the Ministry of Culture. At the time of the Special Rapporteur’s visit, the Department of Organizations and National Minorities had primary responsibility for minority issues within the Ministry of Culture and had only six staff members. 13. In 2013, the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities stated that the Law on National Minorities was “outdated”, “too vague in its provisions” and “inconsistent”, resulting in “a gap in legal certainty for persons belonging to national minorities with regard to the enjoyment of their constitutionally guaranteed rights, such as in the areas of education, language or representation in elected bodies”.4 The European Commission against Racism and Intolerance of the Council of Europe has called for revisions to the Law to include provisions prohibiting direct and indirect racial discrimination. 5 14. Law 5029–VI on Principles of the State Language Policy6 was adopted on 3 June 2012, and constitutes, to date, the primary national legislation on national minorities’ linguistic rights, and the use of minority languages in public life. Recognition of the status as “regional languages” is provided to 17 languages (Belorusian, Bulgarian, Crimean Tatar, Gagauz, German, Hungarian, Karaim, Krymchak, Modern Greek, Moldovan, Polish, Romani, Romanian, Russian, Rusyn, Slovak and Yiddish) in regions where the language is spoken by at least 10 per cent of the population (art. 7). That allows minority languages to be used in public administration, schools and courts alongside Ukrainian. Other provisions include the right to use minority languages in Parliament, the publication of the acts of the central State authorities, guarantees of freedom to receive media broadcasts from neighbouring countries in regional or minority languages, and free circulation of information in the written press in those languages. Despite moves to abolish the law in February 2014, these were vetoed by the interim President and, at the time of writing, the law remains in force while under review. 15. The 2001 Criminal Code of Ukraine criminalizes (art. 161) inciting national, racial or religious enmity and hatred, humiliation of national honour and dignity, insulting citizens’ feelings with respect to their religious convictions, and any direct or indirect restriction of rights, or granting direct or indirect privileges to citizens based on race, colour of skin, political, religious and other convictions, sex, ethnic and social origin, property status, place of residence, linguistic or other characteristics. In 2009 amendments expanded 4 5 6 6 Available from www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/PDF_3rd_OP_Ukraine_en.pdf. Available from www.coe.int/t/dghl/monitoring/ecri/country-by-country/ukraine/UKR-CbC-IV-2012006-ENG.pdf. Available from http://zakon2.rada.gov.ua/laws/anot/en/5029-17.