A/HRC/28/64/Add.1
72.
Any revised language law must be carefully considered and sensitively
addressed to ensure that it fully conforms with international standards for the
protection of the linguistic rights of minorities, while equally not undermining the
knowledge and use of Ukrainian. It should not weaken standards previously
established in the 2012 Law on the Principles of the State Language Policy. Steps must
be taken to ensure wide and meaningful consultation, so that the law meets, to the
fullest extent, the rights and expectations of the highly diverse and distinct linguistic
communities of Ukraine.
Minority rights in the context of political and social unrest since
February 2014
73.
While recognizing the concerns of minorities, the Special Rapporteur considers
that the current human and minority rights situation and the civil and political,
economic, social and cultural conditions experienced by minorities cannot justify any
violent actions or incitement and support of those actions by any party, national or
international. The majority of the population of Ukraine, irrespective of national
origin, ethnicity or language, wishes for a peaceful and united Ukraine, rich in its
ethnic and linguistic diversity and confident in its future security and stability.
74.
Developments in early 2014 have created an environment of uncertainty and
distrust that may create fractures along national, ethnic and linguistic lines and which
threaten peaceful coexistence if not quickly resolved. In some localities, tension has
spilled over into conflict. Such tensions must be diffused as a matter of urgency. The
radical nationalist objectives of a limited number of individuals or groups should not
be allowed to dictate the future of Ukraine. Protection of human rights and minorities
relies on the rule of law, which must be quickly re-established and upheld in all
locations.
75.
Good and inclusive governance is essential for the effective management of
diversity. The current crisis, although framed by some as an inter-ethnic dispute
between pro-Ukrainian and pro-Russian factions, has been partially caused by wider
political and economic factors that must be recognized and addressed in order to
avoid further ethnic, regional and political polarization. A historic good governance
deficit, widespread corruption and mismanagement of resources have contributed to a
lack of trust in political institutions and actors and significantly contributed to
instability.
76.
The situation of minority communities in the Autonomous Republic of Crimea,
including Crimean Tatars, ethnic Ukrainians and other potentially vulnerable groups,
should be monitored closely. The United Nations human rights monitoring mission
and other international monitors should be allowed unfettered access to the Republic
at the earliest opportunity. They should engage with both de facto authorities and
diverse civil society and community actors to assess the extent to which human rights
standards, including minority rights, are being upheld in practice.
77.
The Special Rapporteur notes that, even in situations of territorial dispute or
occupation, the full spectrum of human rights of minorities must be respected,
protected and promoted without discrimination by the de facto authorities.
78.
Those displaced from the Autonomous Republic of Crimea and other locations
should be provided with all necessary short, medium and long-term support.
Mechanisms of possible return to their homes, compensation for loss of property, or
restitution of property and land should be considered. All relevant authorities must
take measures to reduce or prevent further displacement, including through
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