STATEMENT OF ELENA BEREZHNAYA—DIRECTOR OF THE PUBLIC ORGANIZATION “IRINA BEREZHNAYA
INSTITUTE OF LEGAL POLICY AND SOCIAL PROTECTION”
Forum on Minority Issues—12th Session
Unfortunately, despite the statement of the representative from Ukraine, Tishchenko, the participation
of national minorities of Ukraine in socio-economic life is limited at the governmental level.
The primary opportunity for its realization and adaptation in the socio-economic life for national
minorities is the preservation of their native language.
However, the Law of Ukraine “On Education” adopted on 5 September 2017 is contrary to the
Convention on the protection of national minorities, according to which the state is obliged to ensure
the right of national minorities to study in their native language. However, Article 7 of this law prescribes
that education in all secondary schools in the territory of Ukraine, including private ones, take place in
the Ukrainian language.
This legislative norm has caused dissatisfaction in many countries, including states of the European
Union. In particular, the government of Hungary officially stated that the Ukrainian law on education
violates the principles of the Association Agreement between Ukraine and the European Union, and
strongly protested by blocking the integration process of Ukraine into NATO.
In addition, on 8 December 2017, the European Commission “For democracy through law”, better known
as the Venice Commission, made an expert conclusion regarding the linguistic elements of the Ukrainian
law “On education”.
One of the findings of this conclusion is that Article 7 of the law does not ensure compliance with the key
principles necessary for the implementation of the framework law in the context of the international and
constitutional obligations of the country. Members of the Venice Commission also pointed out that the
adopted law does not provide solutions for languages that are not official languages of the European
Union (EU), in particular for Russian, which is the most widely used language in Ukraine after the state
language, while also stating: “a less favorable attitude towards these languages is difficult to justify, and
therefore it attests to the discriminatory nature of the norm. With these considerations in mind, the
correct decision would be to amend article 7 to replace these provisions with more balanced and clearly
formulated ones. The issue of discrimination against the languages of other minorities whose languages
are not official languages of the EU should also be resolved during the course of such a revision.”
However, up to now, after nearly two years, none of the recommendations of the Venice Commission on
educational reform have been implemented by the government of Ukraine.
In October of this year, Ukraine signed an agreement with NATO on implementing the recommendations
of the Venice Commission, but this does not guarantee the implementation of the agreement by
Ukraine!