Larysa Melnyk Dryszka, MD, member of the Board of Trustees of SUNY Sullivan County Community College is also a WFUFO representative to UN ECOSOC and co-author of the following document submitted to a hearing on the state of human rights in Ukraine held by the parliament of Ukraine, the Verkhovna Rada in June 2013.

 

 

12червня 2013 р.

 

ШановномупануВалеріюПацкану

ГоловіКомітетуВерховноїРадиУкраїнизправлюдини, національнихменшиніміжнаціональнихвідносин

Київ, Україна

 

Тема: ПарламентськіслуханнявУкраїні 12 червня 2013 р.

 

 

 

ШановнийпанеПацкан!

ЩиродякуємоВамзазапрошеннянапарламентськіслуханняпростандотриманняправлюдинивУкраїні, і які відбуваються сьогодні уВерховнійРадівКиєві.

Нажаль, немаємоможливостіособистобзяти участь y парламентських слуханнях, iтомупросимо Васпередатинижчеподанірекомендаціїдлявключеннядопроєктупарламентськихслухань.

Нашірекомендації, подані на слідуючих сторінках (англійськoю мовoю),стосуються:

1. ролі “Oмбудсмана” Уповноважений Верховної Ради України з прав людини,
2. вибірковогоправосуддявУкраїні,
3. дотримання прав дитини,
4. право на мирні зібрання, преси,
5. екологічні права,
6. право на здоров’я, та необхідність  зупинки реформи

 

З повагою,

 

Karin M Hilgersom PhD, President, SUNY Sullivan County Community College

 

Larysa Melnyk Dyrszka MD, Member of Board of Trustees, SUNY Sullivan County Community College

 

 

1. HUMAN RIGHTS OMBUDSMAN

The constitution provides for a human rights ombudsman, officially designated as the Parliamentary Commissioner on Human Rights. On April 24, 2012 parliament approved the government’s nomination of Valeria Lutkovska as the new ombudsman. Human rights groups generally welcomed the change and commended the extensive structural reforms and projects Lutkovska implemented, such as creating a citizen advisory council that included civil society representatives, and launching the National Preventive Mechanism to stop mistreatment of detainees in government holding facilities.

According to the ombudsman’s office, 14,704 persons filed complaints with the ombudsman during the first 11 months of the year. Of that number, approximately 54.5 percent related to civil rights, in particular the right to a fair trial, abuse by law enforcement personnel, and timely implementation of court rulings. The remaining complaints involved violations of economic rights (14.8 percent); social rights (12.9 percent); individual rights (12.1 percent), including right to life, respect for personal integrity, and prohibition of torture in detention; and political rights (5.5 percent).

• The Ombudsman’s 2013 Annual report was welcomed by the Parliamentary Committee on Human Rights, and we encourage the Verkhovna Rada to adopt the Ombudsman’s recommendations as well.

http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/#wrapper    http://www.ombudsman.gov.ua/images/stories/062013/Dopovid_062013.pdf

2. RESPECT FOR THE INTEGRITY OF THE PERSON, INCLUDING FREEDOM FROM ARBITRARY ARREST AND DETENTION; and RIGHT TO A FAIR TRIAL

The constitution and law prohibit arbitrary arrest and detention; however, in practice serious problems remain. The constitution also provides for an independent judiciary; however, in practice the judiciary has been observed as subject to political pressure, corruption, inefficiency and lacking public confidence. In certain cases the outcome of trials appeared predetermined.

In 2010 former Prime Minister Tymoshenko, former minister of internal affairs Lutsenko, and six other senior members of Tymoshenko’s government were charged with abuse of power and misuse of state funds, charges that were widely regarded as politically motivated.

Ms. Tymoshenko brought suit against the Government of Ukraine in the European Court of Human Rights under the Convention for the Protection of Human Rights and Fundamental Freedoms. In its decision (http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-119382)   the Court voted unanimously that articles 5 and 18 had been violated, and noted the overall similarity of its circumstances to those examined in the case of Lutsenko v. Ukraine (no. 6492/11, § 104, 3 July 2012). Like in the cited case, soon after the change of power, the applicant, who was the former Prime Minister and the leader of the strongest opposition party, was accused of abuse of power and prosecuted. Many national and international observers considered these events to be part of the politically motivated prosecution of opposition leaders in Ukraine.

• It is recommended that prosecution should not be selective, capricious or politically motivated.
• In the case of Ms. Tymoshenko, steps should be taken expeditiously to release her from prison because of her apparently politically driven detention.
• The Criminal Justice Reform Concept, approved by Presidential Decree (April 8, 2008 № 311/2008http://www.president.gov.ua/documents/7703.html)should be practiced, as well as the new Criminal Procedure Code of Ukraine accepted uniformly throughout Ukraine.

http://khpg.org/index.php?id=1298296524#_ftnref45

http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-119382

http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/#wrapperCountry Reports on Human Rights Practices for 2012, United States Department of State

 

3. CHILDREN’S RIGHTS

Two government offices protect children rights. In May the parliamentary commissioner for human rights appointed a representative for children’s rights, nondiscrimination, and gender equality. And in August 2011 the president appointed an ombudsman for children under the presidential administration.

Education: Education is free and compulsory, but not universal. The lack of schooling remains a significant problem among the rural population and within the Romani community.

Child Abuse: Children continue to be victims of violence and abuse. According to the Ministry of Internal Affairs, in the first nine months of 2012, 8,360 minors were victims of crime; of that number, 2,544 crimes were serious or very serious, such as assault, robbery, and murder. The ministry also recorded 155 cases of sexual crimes against children and 226 cases of corruption of minors. Human rights groups noted low capacity to detect and refer cases of violence against children and reported that preventive services remained underfunded and underdeveloped. There were also instances of forced labor involving children.

Commercial sexual exploitation of children and human trafficking are a serious problem. Domestic and foreign law enforcement officials reported that a significant amount of the child pornography on the Internet continued to originate in Ukraine. The International Organization for Migration (IOM) reported that children from socially disadvantaged families and those in state custody continued to be at high risk of being trafficked and exploited for commercial sex and the production of pornography.

In a recent report the international NGO End Child Prostitution, Child Pornography, and Trafficking of Children for Sexual Purposes (EPCAT) noted that the country lacked a comprehensive approach to preventing commercial sexual exploitation and sexual abuse of children. In addition, no policies combat the increasing problem of child sex tourism, and no government programs assisted child victims of sexual exploitation.

Institutionalized Children: The child care system continues to rely on long-term residential care for children at social risk or deprived of parental care. The system does not adequately address the prevention of abandonment or the reintegration of children with their biological families. In 2010, according to UNICEF, more than 96,000 children lived in institutions, and more than 62,000 lived in institutions for children with disabilities. Human rights groups and media report that lack of resources and government inaction created unsafe, inhumane, and sometimes life-threatening conditions in some institutions.

In addition, the judicial system lacks expertise to work with minors, and the legal process for juveniles emphasizes punishment over rehabilitation. Supportive social services are often lacking, and children in conflict with the law face bureaucratic and social barriers to reintegration.

http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/#wrapper

http://www.state.gov/documents/organization/192598.pdf pp353-355

 

We recommend:

• Educational reforms to include especially rural children and minority populations
• Programs to prevent child abuse
• Increased child protection from sexual exploitation, especially for those who are socially disadvantaged and in state operated institutions
• Improved compliance with anti-trafficking measures
• Reforms of the child care system with emphasis on prevention of abandonment, and encourage reintegration of children with their biological families, as well as major reforms of institutions housing children
• Improved social services and judicial system expertise regarding children.

4. RESPECT FOR CIVIL LIBERTIES, INCLUDING THAT OF PRESS, SPEECH AND ASSEMBLY

According to the Institute of Mass Information (IMI), a local media watchdog agency, 82 assaults, attacks, and cases of intimidation against journalists were recorded during 2012. In addition five journalists were either arrested or detained. In total IMI recorded 352 violations of journalists’ rights during the year, a figure 3.5 times greater than all violations in 2011 and the highest since IMI started collecting data in 2002.

On August 1, unknown assailants beat Vladimir Goncharenko, an environmentalist and editor of the newspaper EKO Bezpeka. The assault occurred four days after his press conference on his investigation of illegal dumping of toxic and radioactive scrap metals in the city of Kryviy Rih. He died two days later from his injuries. Local authorities denied the illegal dumping and opened a criminal investigation into the beating death, saying it was likely due to a personal dispute. There were no arrests at year’s end.

On September 26, Dmytro Volkov, a broadcast journalist investigating illegal land transfers in Vyshgorod for TV channel 1+1, was attacked and badly beaten. The unknown perpetrators warned Volkov not to pursue the investigation.

On October 15, Konstantin Kovalenko, a journalist for the online news site GolosUA, reported that he was tortured and threatened with death to prevent him from publishing a story about his investigation into vote buying.

There are recent reports of youth subcultures and criminals becoming embroiled in Ukrainian politics. http://khpg.org/en/index.php?id=1369050842 In this particular report, the thugs/fighters attacked peaceful protesters, spat in the faces of journalists and insulted them. Then, Vadym Titushko, a thug/athlete from Bila Tserkva, near Kyiv, beat up Olha Snisartchuk, a Channel 5 journalist, and Vlad Sodel, a press photographer from the Kommerstant newspaper. Later, reports surfaced of another injured press photographer.

• Article 39 of the Constitution guarantees citizens the right to peaceful assembly, and reporting without fear of harm or recrimination. The government should assure this right, and not encourage or support thug behavior.

http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/#wrapper

http://ukrainianweek.com/Society/81038

http://khpg.org/en/index.php?id=1370973770

5.                   ENVIRONMENTAL RIGHTS Article 13 of the Constitution establishes the right of the Ukrainian people to ownership of land, minerals, air, water and other natural resources and states that every citizen has the right to enjoy the natural property of the people according to the law.  A case of concern is the Kremenchuk Belanovsky quartzite mining enterprise http://www.telegraf.in.ua/around/2012/03/03/budvnictvo-troh-gzk-ta-metkombnatu-mozhe-peretvoriti-kremenchuckiy-rayon-na-zonu-ekologchnogo-liha_10020803.html. The Kremenchuk mine can be an ecological disaster, and in addition tens of thousands of villagers would be displaced. Another issue is the exploitation of shale gas in Ukraine http://epl.org.ua/ekologija/slancevii-gaz/korisni-materiali/. Several countries in Europe have issued moratoria on the practice until the questions about the environmental and health impacts have been answered. http://www.psehealthyenergy.org/. A process called a Health Impact Assessment, as described by the World Health Organization and also by the National Academy of Sciences is recommended to inform the decision http://www.youtube.com/watch?v=QsL1U_EthYw. Environmental journalists have suffered reprisals for their reporting. As noted previously, on August 1, 2012 Vladimir Goncharenko was severely beaten, and died from his injuries;he was an environmentalist, director of a public movement to ensure the right of citizens to environmental security, and the publisher of the newspaper “Environmental Safety”.Relatives, friends and colleagues of V. Goncharenko connect his death with his activism aimed at protecting the environment, environmental rights, exposing corruption and combating irresponsible local officials in addressing environmental issues. On September 6, 2012 the Court of Kharkiv opened proceedings for damages in the amount of USD 158,000 against journalist Oleg Perehona and the NGO “Green Front” on behalf of a corporation for damages to their honor, dignity and business reputation. ·         Ukraine should be moving forward, not backward, with regard to sustainability.·         It should be fulfilling its obligations under three international agreements on environmental protection: the Aarhus Convention, the Espo Convention and the Kyoto Protocol to the UN Framework Convention on Climate Change.·         Include the process of Health Impact Assessment for any major land use decision. http://khpg.org/index.php?id=1362661118http://khpg.org/en/index.php?id=1356897654 Alarm bells ring over dangerous environmental lawshttp://epl.org.ua/zakonodavstvo/nacionalne/ 6.                   RIGHT TO HEALTH AND MEDICAL REFORMS All people have:-the right to the highest attainable standard of health as memorialized in Article 25 of the UN Declaration of Human Rights (1948), Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966), the Preamble of the WHO’s Constitution(1946), Article 25 of The Convention on the Rights of Persons with Disabilities, the United Nations General Comment No.14 “Right to Health” (2000), Articles 23 and 24 of the Convention on the Rights of the Child (1989), Article 12 of CEDAW (1979).(see also http://www1.umn.edu/humanrts/edumat/IHRIP/circle/modules/module14.htm and http://www.ohchr.org/Documents/Publications/Factsheet31.pdf  and  http://www.ncdchild.org/NCD-Facts/A-Child-s-Right-to-Health  and http://info.worldbank.org/etools/docs/library/48440/m1s5cook.pdf  and http://www.who.int/reproductivehealth/publications/gender_rights/9789241595100/en/  and http://whqlibdoc.who.int/publications/2007/9789241595100_eng.pdf  CEDAW article 12). The health crisis in Ukraine is recognized internationally (WHO data) and there is an urgent need for health reform. Among other issues, there is a disparity of healthcare access and delivery among population groups. HIV and AIDS rates are very high http://www.euro.who.int/__data/assets/pdf_file/0010/188767/Ukraine-HIVAIDS-Country-Profile-2011-revision-2012-final.pdf, and children’s immunization rates have fallen http://www.who.int/countries/ukr/en/. There have been recent closings of rural clinics, where every third resident in Ukraine lives, and inequality in healthcare access and delivery appear to be gender-based. ·         We are concerned about the closing of the medical clinics across Ukraine’s rural villages which already have a lower standard of healthcare compared to more urban areas. Health reforms should assure continued, and even improved access to health care facilities among the rural population.·         Women’s and children’s access to health facilities are an essential aspect of the promotion of gender equality in Ukraine, and therefore such health facilities should remain open.·         Minister of Health Bohatyryova has identified a need for preventive care and healthy lifestyles, as well as more family practitioners and more training in medical schools in primary care, and these could be part of the health reforms. http://www.moz.gov.ua/ua/portal/pre_20130318_0.html·         Health reforms should proceed rapidly, and the Government of Ukraine should take steps to provide equal, and the best possible, healthcare without delay.

 

 

 

Thank you for the invitation and the opportunity to present these comments on the issue of human rights in Ukraine.

 

Karin Hilgersom, PhD

 

Larysa Melnyk Dyrszka, MD

 

 

Contact: Lar917dy@gmail.com

PO Box 355

White Lake, NY 12786