ZMINA took part in the UN consultations on implementation, reporting and follow-up

On November 25, 2021 the Human Rights Centre ZMINA took part in the first оnline regional consultations of National Mechanisms for Implementation, Reporting and Follow-up (NMIRFs) for the regions of Central Asia/Europe organized by Treaty Bodies Capacity Building Program of the Office of the High Commissioner of Human Rights (OHCHR).

The aim of the regional consultations was to cover gaps in the process of reporting the situation with human rights and improving the mechanisms to make them more inclusive and coherent, ensure meaningful participation of all stakeholders. Originally planned to be held in Chile, Ethiopia, Kyrgyzstan, Lebanon and Thailand, the consultations are taking place remotely due to the prevailing circumstances.

Representatives of the governmental bodies, ombudsman offices, the permanent missions of member states and the representatives of civil society attended the regional consultations.

The topic of the consultations was consultation capacity within NMIRFs.

As a representative of civil society of Ukraine, ZMINA’s international advocacy officer Maria Kurinna informed that Ukrainian NGOs are pro-active in monitoring the situation with human rights and in establishing relevant cooperation with governmental bodies. There is no separate institution or inter-ministerial commission of NMIRFs in Ukraine. Separate ministries/ bodies are responsible for the implementation of certain international treaties by the state. Not all state bodies show the same level of encouragement to engage civil society into the process of consultations on different stages. Therefore, CSOs actively initiate processes of reviewing, shadow reporting and providing inputs to Special Rapporteurs.

Human Rights Centre ZMINA together with partners prepared a review of the situation with human rights in the midterm period of the UPR cycle and assessed the state of implementation of the recommendations provided to Ukraine in 2020. Human rights NGOs also did a submission to the UN Human Rights Committee ahead of Ukraine’s 8th periodic report at the Committee’s 129th session on the International Covenant on Civil and Political Rights.

ZMINA prepared monitoring report on the persecution of activists and human rights defenders. The report was developed analyzing international documents, national law, and the conditions in which the human rights and civil activities of individuals and organizations took place in the territory of Ukraine controlled by the government during 2020.

Regarding the protection of women’s and girls’ rights, women and feminist organizations submitted shadow report to CEDAW Committee, the alternative report on the implementation of Beijing Declaration and Platform for Action. CSOs initiated the monitoring of regional actions plans on gender policing.

Speaking about coordination in the process of consultations, the Human Rights Centre ZMINA has established a productive partnership with the Ministry for Reintegration of the Temporary Occupied Territories. The representative of ZMINA Alyona Luniova is the adviser of the Deputy Minister. She is also an adviser to the Chairman of the Parliamentary Committee on Human Rights and the member of the Commission under the President of Ukraine on Legal Reform.

CSOs also have cooperation with the Ukrainian Parliament Commissioner for Human Rights, Commissioner of the President of Ukraine for Children’s Rights, Government Commissioner for Gender Policy, the Mission of the President of Ukraine in the Autonomous Republic of Crimea.

Together with the Ministry of Foreign Affairs and the Mission of President of Ukraine in the Autonomous Republic of Crimea the Crimean Platform was founded aimed at improving the effectiveness of the international response to the ongoing occupation of Crimea to draw attention to the violations of the Humanitarian Law, the Human Rights Law in Crimea by the Russian Federation.

The cooperation with the Ministry of Justice, the Ministry of Education and Science, the Ministry of Social Policy, the Ministry of Healthcare require greater efforts in coordination and engagement of civil society’s expertise within the NMIRFs.

At the same it is necessary to state there is no possible secure access to monitor or consult with CSOs and civic activists in the occupied Donbas and Crimea, as the Russian Federation restricts the procedures both to the UN treaty bodies and to the Ukrainian governmental organization and civil society. Those human rights defenders, civic activists, citizen journalists who provide information on the situation with human rights in Crimea, work under threats of intimidation, surveillance, arrests, and even tortures.

As it was mentioned beforehand, civil society of Ukraine is active and usually initiates thematic meetings and consultations with governmental bodies, initiates parliamentary hearings, as well. However, such cooperation should be more consistent sustainable and regular from the side of government with their initiative to engage civil society in consultations, taking into consideration underrepresented groups, especially vulnerable categories, e.g. ethnic minorities and LGBT+ community.

The representatives of governments and civil society of Moldova, Serbia, Uzbekistan, Denmark, Turkmenistan, North Macedonia, Kyrgyzstan also provided information about the capacities of national mechanisms and challenges faced.

The moderator of consultations, the Expert Member and Rapporteur of the UN Committee on the Elimination of Racial Discrimination Rita Izsák-Ndiaye thanked for the input and highlighted the necessity of strengthening the governmental coordination of the NMIRFs and an utmost importance of the engagement of vulnerable groups, ethnic minorities, grass-root organizations and local individuals, explaining them about the process, guiding them through the consultations, providing translation and keeping them updated.

In the closing remarks of the online regional consultations of NMIRFs the Chief of the Anti-Torture, Capacity Building, Coordination and Funds Section in the Human Rights Treaties Branch at the OHCHR Antti Korkeakivi expressed gratitude to more than 90 participants for insightful information presented that will be taken into accounts providing recommendations of the UN treaty bodies to the governments. It was first regional consultations in the online format with such an amount of participants from the region Central Asia/Europe. Mr Korkeakivi concluded that the demand of such consultations is high, they have to be more specific and arranged on an ongoing basis.