Ukraine: Ombudsman responsibilities, powers, reporting mechanism; copy of legislation on the ombudsman position (2005 - March 2006)
The ombudsman was established in Ukraine on 23 December 1997 (The Ukrainian Weekly 18 Apr. 2004) with the passing of law No. 776/97 On the Authorized Human Rights Representative of the Verkhovna Rada of Ukraine (Ukraine 23 Dec. 1997). The Human Rights Representative, also known as the ombudsman, is elected by parliament (ibid. n.d.a) for a five-year term (ibid. 23 Dec. 1997, Art. 5). The current incumbent Nina Karpachova was installed as the first Ukrainian ombudsman on 14 April 1998 (Ukraine n.d.b), and re-elected for a second term in June 2003 (Country Reports for 2004 28 Feb. 2005, Sec. 4; Writenet Nov. 2004, 11; The Ukrainian Weekly 18 Apr. 2004).
Candidates for the position of ombudsman must be Ukrainian citizens who have lived in Ukraine for the last five years, be at least forty years of age, conversant in the Ukrainian language, of high moral quality, experienced in human rights protection (Ukraine 23 Dec. 1997, Art. 5) and not a member of any political party (ibid., Art. 8).
Ombudsman Duties
The ombudsman serves as an intermediary between the general population in Ukraine and the constitutional court (Country Reports 2004 28 Feb. 2005, Sec. 4), considering appeals from Ukrainian citizens, foreigners, stateless persons or persons acting on their behalf, in accordance with Ukrainian law (Ukraine 23 Dec. 1997, Art. 17). The ombudsman monitors government agencies, non-governmental organizations (NGOs), enterprises, institutions and organizations for their protection of human rights in Ukraine (ibid. n.d.a), including the rights guaranteed by international human rights treaties and agreements signed by Ukraine (Writenet Nov. 2004, 11).
Ombudsman Powers
The ombudsman must abide by the constitution and laws of Ukraine (Ukraine 23 Dec. 1997, Art. 14), but is independent from all state authority (ibid. n.d.a) and exempt from legal prosecution (ibid. 23 Dec. 1997, Art. 20). The ombudsman is also privy to classified government documents and may attend sessions of the parliament, cabinet of ministers, courts and prosecutors' offices (ibid.). The ombudsman is granted unhindered access to all public officials and government agencies (ibid.; Writenet Nov. 2004, 11), including detention areas, imprisonment facilities, psychiatric hospitals and institutions where medical treatment and rehabilitation methods are "forcefully applied" (Ukraine 23 Dec. 1997, Art.13). Upon discovery of human rights violations, the ombudsman may submit an appeal to the agency in question, to the Constitutional Court or to the Supreme Council of Justice (ibid. n.d.a). The ombudsman may also appeal to the courts on behalf of those unable to protect their rights (ibid. 23 Dec. 1997, Art.13).
As a result of legislation passed in July 2003, the ombudsman has broader authority to initiate investigations pertaining to military and law enforcement activities, and any individual seeking to hinder the work of the ombudsman may be fined (Country Reports 2004 28 Feb. 2005, Sec. 1d).
Ombudsman Activities
A survey of news articles about the Ukrainian ombudsman for the year 2005 show that the ombudsman was vocal on many issues, including human rights violations allegedly committed by judicial and law enforcement officials (Ukrainian News 8 July 2005; UK 16 Jan. 2005, 3), the judiciary's role in reducing the sentences of convicted law enforcement officials (ibid.) ill-treatment and poor living conditions of detainees, arrested persons and prisoners (Ukrainian News 16 Mar. 2005; AI 27 Sept. 2005, Sec. 4; UNIAN 12 Oct. 2005; HRW 18 Jan. 2006), alleged police brutality (RFE/RL 23 May 2005), media censorship (Ukrainian News 1 June 2005), "persecution" on political grounds (UNIAN 6 July 2005; Ukrainian News 8 July 2005), government surveillance of the general population (Dow Jones 7 July 2005) and the need to protect and provide for youth (Ukrainian News 7 Oct. 2005; Country Reports 2004 28 Feb. 2005, Sec. 5).
Reports of the Ombudsman
The ombudsman must submit an annual report to the Ukrainian parliament during the first quarter of every year (Ukraine 23 Dec. 1997, Art. 18). The report highlights legislative shortcomings in terms of human rights, as well as the observance, protection and violation of human rights in Ukraine (ibid.). In addition to the annual report, the ombudsman assists in the preparation of reports on the human rights situation in Ukraine that will be submitted to international organizations in accordance with international agreements (ibid., Art. 19) and may submit "special reports" on specific human-rights related issues, if necessary (ibid., Art. 18). The ombudsman communicates the findings to the general population in Ukraine through the mass media (Country Reports for 2004 28 Feb. 2005, Sec. 1c; Ukraine n.d.a).
The programs director for Eastern Europe at the International Lesbian and Gay Association (ILGA) of Europe commented in a 2 February 2006 telephone interview with the Research Directorate that the current ombudsman in Ukraine has shown "no interest in gay, lesbian, bisexual and transgender rights and has had little cooperation with Nash Mir [Our World]", a Ukraine-based non-governmental organization advocating the rights of gays, lesbians, bisexual and transgender people, "despite Nash Mir's persistent communication to her". Further opinion on the efficacy of the ombudsman office could not be found among the sources consulted by the Research Directorate.
Please find a copy of the legislation pertaining to the ombudsman position in Ukraine in English, as it appears on the Ukrainian Ombudsman Website attached to this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Amnesty International (AI). 27 September 2005. "Ukraine: Time for Action: Torture and ill-treatment in police detention." <http://web.amnesty.org/library/Index/ENGEUR500042005?open&of=ENG-UKR> [Accessed 7 Mar. 2006]
Country Reports on Human Rights Practices for 2004. 28 February 2005. <http://www.state.gov/g/drl/rls/hrrpt/2004/41715.htm> [Accessed 7 Mar. 2006]
Dow Jones International News. 7 July 2005. "Rights Official Says Eavesdropping Widespread in Ukraine." (Factiva)
Human Rights Watch (HRW). 18 January 2006. "Ukraine." World Report 2006. <http://hrw.org/english/docs/2006/01/18/ukrain12219_txt.htm> [Accessed 7 Mar. 2006]
International Lesbian and Gay Association of Europe (ILGA). 2 February 2006. Telephone interview with programs director for Eastern Europe.
Radio Free Europe/Radio Liberty (RFE/RL). 23 May 2005. Vol 9. No. 97. "RFE/RL Newsline." <http://www.rferl.org/newsline/2005/05/3-cee/cee-230505.asp> [Accessed 7 Mar. 2006]
Ukraine. 23 December 1997. Law No. 776/97 On the Authorized Human Rights Representative of the Verkhovna Rada of Ukraine. <http://www.ombudsman.kiev.ua/zakon-ue.htm> [Accessed 6 Mar. 2006]
_____. N.d.a. "The Historical and Legal Aspects of Evolvement of Human Rights in the World and in Ukraine." <http://www.ombudsman.kiev.ua/de_01_3.htm> [Accessed 6 Mar. 2006]
_____. N.d.b. "Ukrainian Parliament Commissioner for Human Rights." <http://www.ombudsman.kiev.ua/om_01_e.htm> [Accessed 6 Mar. 2006]
Ukrainian Independent Information Agency (UNIAN). 12 October 2005. "Torture Still Takes Place in Ukrainian Jails - Ombudsman." (Factiva)
_____. 6 July 2005. "Ukrainian Ombudsman Condemns "Political Persecution." (Factiva)
Ukrainian News. 7 October 2005. "Yuschenko, Ombudsman Karpachova Discuss Protection of Children's Rights." (Factiva)
_____. 8 July 2005. "Ombudsman Karpachova Reports Mass Dismissals for Political Reasons." (Factiva)
_____. 1 June 2005. "Ombudsman Karpachova Says Media Censorship has Resumed." (Factiva)
_____. 16 March 2005. "Ombudsman Karpachova Asking Tymoshenko To Provide Financing for Reconstruction of Confinement Facilities." (Factiva)
The Ukrainian Weekly. 18 April 2004. "Ukraine's first ombudsman visits Ukrainian Free University." No.16, Vol. LXXII. <http://www.ukrweekly.com/Archive/2004/160425.shtml> [Accessed 7 Mar. 2006]
United Kingdom (UK). 16 January 2005. Home Office, Immigration and Nationality Directorate (IND), Country Information and Policy Unit. Operational Guidance Note: Ukraine. <http://www.ecoi.net/pub/hl993_Ukraine_v3.0_January_2006.pdf> [Accessed 6 Mar. 2006]
Writenet. November 2004. Nadia Diuk. Ukraine: Situation Analysis and Trend Assessment. <http://www.unhcr.org/cgi-bin/texis/vtx/home/opendoc.pdf?tbl=RSDCOI&id=419333064> [Accessed 6 Mar. 2006]
Additional Sources Consulted
Internet sources, including: British Broadcasting Corporation (BBC), Council of Europe (COE), European Country of Origin Information (ECOI), Freedom House, International Helsinki Federation for Human Rights (IHF), International Religious Freedom Report, Kharkov Human Rights Protection Group (KHPG), National Human Rights Institutions Forum (NHRI), Svoboda Viboru (Free Choice).
Attachment
Ukraine. 23 December 1997. Law No. 776/97 On the Authorized Human Rights Representative of the Verkhovna Rada of Ukraine. <http://www.ombudsman.kiev.ua/zakon-ue.htm> [Accessed 6
Mar. 2006]