A/HRC/28/64/Add.1 the scope of provisions and penalties for inciting racial, national and religious hatred, intolerance and discrimination.7 16. The legislative framework for political representation and the electoral system includes the Constitution, the Law on Political Parties (2001),8 and the Law on Election of the People’s Deputies (2011).9 The 2012 Law on National Minorities (art. 9) contains a general provision regarding the representation of minorities among candidates for elections, which in principle guarantees minorities the right “to be elected or to be appointed to any position in the legislative, executive, judicial bodies, in the bodies of local or regional selfgovernment”.10 However, no specific measures are provided to ensure the political participation of minorities. Some interviewees indicated that the current formulation of electoral districts and restrictions on minority parties should be reconsidered in order to improve the possibility for minority representatives to be elected to Parliament. 17. The Ukrainian Parliament Commissioner for Human Rights (the Ukrainian Ombudsperson11) is a constitutional, independent body created in December 1997. The Commissioner conducts legal proceedings and inspections and receives individual complaints. A 2010 special report of the Ukrainian Parliament Commissioner for Human Rights noted that a monitoring programme on the human rights status of national minorities had been initiated by the Ombudsman’s office.12 The European Commission against Racism and Intolerance recommended the establishment of a special representative of the Ombudsman with competence to deal with minority issues and racial discrimination. 13 18. The Ministry of Culture stated that processes were under way to strengthen and expand institutional attention to minority issues, including proposals to establish new independent bodies with responsibility for minorities and inter-ethnic affairs. At the time of writing full details of those proposals were unavailable. The Special Rapporteur urges the authorities to put in place fully inclusive and participatory processes to establish such bodies and to provide assurances that they will be representative of minorities and have appropriate budgets and powers. She noted a general lack of awareness of minority rights amongst minorities and found that minorities mainly focused attention on intercommunal relationships, but often seemed to have limited knowledge of government obligations to protect and promote minority rights. 7 8 9 10 11 12 13 Available from www.coe.int/t/dghl/monitoring/ecri/country-by-country/ukraine/UKR-CbC-IV-2012006-ENG.pdf. Available from http://zakon3.rada.gov.ua/laws/anot/2365-14. Available from www.epde.org/tl_files/EPDE/RESSOURCES/Electoral%20Legislation/Election%20Code%20of%20 Ukraine_EN.pdf. Denys Kovryzhenko, Regulation of Political Parties in Ukraine: The Current State and Direction of Reforms (Agency for Legislative Initiatives, OSCE/ODIHR, 2010), p. 86, available from http://parlament.org.ua/upload/docs/Party%20Report%20Ukraine.pdf. See www.ombudsman.gov.ua/en/index.php?view=article&catid=38%3A2010-12-15-09-1551&id=1145%3Alaw-of-ukraine-qon-the-ukrainian-parliament-commissioner-for-humanrightsq&format=pdf&option=com_content&Itemid=25. Available from www.ombudsman.gov.ua/en/images/stories/07022011/S_Dopovid_5_en.pdf, p.148. Ibid., p. 147. 7