Joint statement of human rights defenders on the Rule of Law Roadmap

We, civil society organisations working in the field of human rights protection, welcome the adoption of the Roadmaps on the Rule of Law and the Functioning of Democratic Institutions, which include phased substantive steps necessary for Ukraine’s European integration. The alignment of Ukrainian legislation with the directives and acts of the European Union is an important part of Ukraine’s path towards the EU.

At the same time, we suggest taking into account the recommendations of the human rights community set out in the Shadow Report on Chapter 23 “Justice and Fundamental Rights” of the European Commission’s report on Ukraine in 2023, as well as in a similar Shadow Report to Chapters 23 and 24 for 2024 (expected to be published), and in further work on the implementation of the Roadmaps, to specify the measures that the Ukrainian government should take as part of its work on the first negotiation cluster, taking into account, among other things, the conditions of Russia’s full-scale invasion of Ukraine and the related challenges.

We propose a number of additional steps to key areas of the Rule of Law Roadmap, such as Chapter III “Fundamental Rights” and, in part, Chapter IV “Justice, Freedom and Security”. Consideration of these steps will not only improve the quality of the planned measures, but also ensure Ukraine’s systematic progress towards the EU and the implementation of sustainable changes in the field of human rights, even in wartime.

For Chapter III “Fundamental Rights” we provide the following recommendations:

1. Human Rights Framework

• Update the National Human Rights Strategy, taking into account the consequences of Russia’s large-scale armed aggression and the content of the approved Roadmaps, while considering the proposals of civil society. Develop and adopt an action plan for the implementation of the strategy.
• Amend Draft Law 13181 on the Ukrainian Parliament Commissioner for Human Rights, taking into account international standards, in particular the Paris Principles. Ensure a transparent procedure for the election and appointment of the Commissioner, involving civil society, revise the list of entities subject to the Commissioner’s oversight, and amend Article 12 of the Law of Ukraine “On the Legal Regime of Martial Law” to protect the independence of the institution and prevent the dismissal of the Commissioner during martial law through a simplified procedure based on a vote of no confidence.

2. Prevention of torture and inhuman or degrading treatment

• Harmonise the definition of the perpetrator of the crime of torture in Article 127 of the Criminal Code of Ukraine with international standards: the specific perpetrator of the crime of “torture” should be defined exclusively as a public official or other person acting in an official capacity.
• Ensure the effectiveness of pre-trial investigations under Article 127 of the Criminal Code of Ukraine (torture). Expand the staff of the State Bureau of Investigation (SBI) investigators who specialise in torture cases.
• Ensure adequate funding for the National Preventive Mechanism and reimbursement of expenses for experts involved in monitoring visits, in particular representatives of civil society organisations (CSOs).

3. Combating discrimination, hate speech and hate crimes

• Unify the list of protected grounds in different laws and develop a comprehensive policy to prevent all forms of discrimination in line with the EU approach and the European Commission against Racism and Intolerance (ECRI) General Policy Recommendation 7.
• Finalise and adopt Draft Law 13597 on liability for discriminatory acts motivated by intolerance to ensure compliance with Council Framework Decision 2008/913/JHA. Important changes include definitions and criminalisation of intolerance offences, extreme manifestations of hate speech, and the abolition of the statute of limitations for such offences.
• Develop legislation to protect the rights of victims of hate crimes by implementing Directive 2012/29/EU.
• Adopt Draft Law 12252 on registered partnerships and develop a regulatory framework for the recognition of same-sex marriages in Ukraine.
• Establish a centralised system for collecting, sharing and analysing disaggregated data on discrimination and hate crimes to facilitate effective investigation and policy development to protect against acts motivated by intolerance.

4. Children’s rights

• Amend Ukrainian legislation to avoid duplication of information contained in various registers and data collection systems on deported or forcibly displaced children (in particular those provided for by Laws 4071 and No. 3999).
• Amend Law 4250 on the provision of rehabilitation services (rehabilitation assistance) by educational institutions, which provides for the provision of such services not only to children but also to adults. This contradicts the UN Convention on the Rights of the Child, the principles of child protection from harm, and the Safe Schools Declaration.

5. Freedom of expression, media freedom and pluralism

• Cancel the single information platform “Yedyni novyny” (United News):, strengthen media pluralism and ensure unhindered access for journalists to the Verkhovna Rada of Ukraine (in particular, by signing Draft Law 11321).
• Ensure protection of journalists: effectively investigate cases of pressure, attacks and persecution of journalists, prevent hidden access to journalists’ communication data and geolocation, strengthen the protection and confidentiality of journalistic sources, and create insurance programmes for journalists in conditions of armed conflict.
• Amend the “oligarch law” in line with the conclusions of the Venice Commission to prevent its use as an instrument of political pressure, particularly in the context of restrictions on media ownership.

6. Freedom of assembly and association

• Amend Law 3841 “On Public Consultations” in terms of its entry into force one year after the end of martial law, and provide for consultations on draft laws proposed by members of parliament.
• Effectively investigate attacks and other forms of pressure against human rights defenders and civil society activists.

7. Procedural rights of accused and suspected persons in criminal proceedings, rights of victims of crime

• Compile statistics on violations of the presumption of innocence as an ethical category in the work of disciplinary law enforcement bodies and the Qualification and Disciplinary Commission of Prosecutors, and standardise the ethical codes of law enforcement bodies.
• Improve the procedure of in absentia investigation and conviction by creating a mechanism for ex novo review of the case if a person becomes aware of the judgment and disagrees with its content.
• Improve the procedure for participating in court hearings via videoconference by eliminating technical glitches to ensure justice in combat zones or areas close to them.
• Amend legislation on the legal status of victims and witnesses, the scope of their rights and procedural options in accordance with Directive 2012/29/EU, in particular by minimising contact between the offender and the victim in court.

8. Protection of personal data

• Finalise and adopt Draft Law 8153 on the protection of personal data, taking into account the provisions of Regulation 2019/679.

9. Gender equality and prevention of violence against women

• Implement Directive (EU) 2023/970 on equal pay for men and women.
• Adopt Draft Law 12297 for the full implementation of the provisions of the Istanbul Convention, in particular regarding the concept of a criminal offence related to domestic violence, establishing liability for unlawful persecution (stalking), updating the wording of articles on liability for committing domestic violence, rape and other offences, and improving the procedure for bringing a person to justice for such unlawful conduct.
• Revise and adopt Draft Law 11300 (or 11300-1) to combat sexism in electoral processes and ensure balanced representation of women and men in parliament and local councils.
• Implement the Digital Services Act to improve the combating of gender-based violence online.

10. Rights of persons with disabilities

• Include clear indicators and a budget in the Action Plan for the Strategy for Reforming Psychoneurological Care Homes, Other Care Facilities, and De-institutionalisation of Care of Persons with Disabilities, the Elderly by 2034. Review and implement it with the involvement of civil society organisations.
• Introduce principles of reasonable accommodation and provide support for appropriate measures in accordance with the standards of Council Directive 2000/78/EC. Ensure protection of persons with disabilities from discrimination in the field of employment by recognising “refusal of reasonable accommodation” as a form of discrimination on the grounds of disability.
• Focus on specific measures that can be achieved by 2027, such as prohibiting the introduction of new services that are inaccessible to people with disabilities, constructing infrastructure without complying with accessibility principles, etc.

11. Rights of persons belonging to national minorities

• Clarify the list of languages covered by the European Charter for Regional or Minority Languages in the draft law on amendments to the law on ratification of the charter in Ukraine after consultations with experts and representatives of national minorities.
• Amend legislation to provide clear and reasonable time limits on restrictions on the rights of persons belonging to the Russian national minority and on the use of the Russian language in the public sphere.
• Fully implement the recommendations of the Venice Commission regarding the Law on National Minorities. Improve legislation in an inclusive manner, involving representatives of all national minorities. Develop effective mechanisms for protecting the rights of national minorities in the law.

12. Property rights

• Include compensation mechanisms for damage to immovable property caused by the armed aggression against Ukraine before 24 February 2022, as well as for objects located in the temporarily occupied territories of Ukraine.

For Chapter IV, “Justice, Freedom and Security”, we provide the following recommendations:

1. Combating human trafficking

• Provide for criminal liability of legal entities for the crime of human trafficking in legislation and create the position of an independent rapporteur on human trafficking.
• Unify mechanisms for collecting statistics on human trafficking by law enforcement agencies and courts and ensure online submission of applications for victim status.

2. Migration policy

• Introduce a procedure for obtaining a Ukrainian passport for citizens of Russia and Belarus who have been residing in Ukraine for a long time, without the requirement to renounce their original citizenship directly in their country of origin.
• Ensure the full implementation of the rights of asylum seekers, including the right to have asylum applications accepted, to find employment and to retain documents.

Civil society participation in the implementation of the Roadmap

We call on the Government to ensure:

1. Systematic involvement of CSOs in the preparation of draft laws, strategies and action plans, in particular through inclusion in working groups, subsequent substantive consideration of recommendations, transparent incorporation of amendments with reasoning for each of them.
2. Active promotion of necessary European integration draft laws among members of the Verkhovna Rada of Ukraine for the rapid adoption of these documents.
3. Feedback in the form of public tables reflecting the consideration of proposals.

The Human Rights Centre ZMINA

LGBT Human Rights Centre Nash Svit

NGO  Social Action Centre

NGO Digital Security Lab

Ukrainian Women Lawyers Association JurFem

Policy Analysis Centre Zmist

Roma Women Fund Chirikli

Ukrainian Legal Advisory Group

Expert group Sova

NGO Theatre for Change

FREERIGHTS