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Crimea

Read A Section: Crimea

Ukraine

In February 2014 Russian forces entered Ukraine’s Crimean Peninsula and occupied it militarily. In March 2014 Russia announced the peninsula had become part of the Russian Federation following a sham referendum that violated Ukraine’s constitution. The UN General Assembly’s Resolution 68/262 on the “Territorial Integrity of Ukraine” of March 27, 2014, and Resolution 75/192 on the “Situation of Human Rights in the Autonomous Republic of Crimea and the City of Sevastopol (Ukraine)”of December 28, 2020, called on states and international organizations not to recognize any change in Crimea’s status and affirmed the commitment of the United Nations to recognize Crimea as part of Ukraine. In April 2014 Ukraine’s legislature (Verkhovna Rada) adopted a law attributing responsibility for human rights violations in Crimea to the Russian Federation as the occupying state. The United States does not recognize the attempted annexation of Crimea by the Russian Federation. Russian law has been applied in Crimea since the Russian occupation and purported “annexation” of the peninsula. For detailed information on the laws and practices of the Russian Federation, see the Country Report on Human Rights for Russia.

EXECUTIVE SUMMARY

A local occupation authority installed by the Russian government and led by Sergey Aksyonov as “prime minister” of the “state council of the republic of Crimea” administers occupied Crimea. The “state council” is responsible for day-to-day administration and other functions of governing. In 2016 Russia’s nationwide parliamentary elections included seats allocated for purportedly annexed Crimea, a move widely condemned by the international community and that contravened the Ukrainian constitution.

Russian government agencies, including the Ministry of Internal Affairs, the Federal Security Service (FSB), the Federal Investigative Committee, and the Office of the Prosecutor General, applied and enforced Russian law in Crimea as if it were a part of the Russian Federation. The FSB also conducted security, counterintelligence, and counterterrorism activities and combatted organized crime and corruption. A “national police force” operated under the aegis of the Russian Ministry of Internal Affairs. Russian authorities maintained control over Russian military and security forces deployed in Crimea. Members of the security forces committed numerous abuses.

Significant human rights issues included: forced disappearances; torture and cases of cruel, inhuman, or degrading treatment or punishment by Russia or Russia-led “authorities,” including punitive psychiatric incarceration; harsh and life-threatening prison conditions and transfer of prisoners to Russia; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the occupation judiciary; pervasive arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, and website blocking; substantial interference with the freedom of peaceful assembly and freedom of association, including on the Crimean Tatar Mejlis; severe restrictions of religious freedom; serious restrictions on movement; inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; serious acts of corruption; lack of investigation of and accountability for violence against women; crimes involving violence or threats of violence targeting members of national/racial/ethnic minority groups, or indigenous people, including Crimean Tatars and ethnic Ukrainians; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons.

Occupation authorities took few steps to investigate or prosecute officials or individuals who committed human rights abuses, creating an atmosphere of impunity and lawlessness.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Members of National/Racial/Ethnic Minority Groups

Since the beginning of the occupation, authorities singled out Crimean Tatars and Ukrainians for discrimination, abuse, deprivation of civil liberties and religious and economic rights, and violence, including killings and abductions (also see sections 1.a.-1.d., 1.f., 2.a., 2.b., and 2.d.). The June UN secretary-general’s report noted, “Law enforcement authorities seemed to target actual or perceived critics of the occupation of Crimea and the policies of the Russian Federation on the peninsula, such as the Mejlis and Crimean Solidarity.”

There were reports that Russian occupation authorities openly advocated discrimination against Crimean Tatars. Occupation authorities harassed Crimean Tatars for speaking their language in public and forbade speaking it in the workplace. There were reports teachers prohibited schoolchildren from speaking Crimean Tatar to one another. Crimean Tatars were prohibited from celebrating their national holidays and commemorating victims of previous abuses (see section 2.b.).

Occupation authorities also restricted the use of Crimean Tatar flags and symbols (see section 2.a.).

By the end of 2014, Ukrainian as a language of instruction was removed from university-level education in Crimea. According to the Crimean Resource Center, schools in Crimea no longer provided instruction in Ukrainian. Crimean Tatar was the sole instruction language for seven schools, and five schools that previously offered all instruction in Crimean Tatar added Russian language instruction. In 2017 the International Court of Justice ruled on provisional measures in proceedings brought by Ukraine against the Russian Federation, concluding unanimously that the Russian Federation must “ensure the availability of education in the Ukrainian language.”

Occupation authorities have not permitted churches linked to ethnic Ukrainians, in particular the Orthodox Church of Ukraine (OCU) and the Ukrainian Greek Catholic Church, to register under Russian law. Occupation authorities harassed and intimidated members of the churches and used court proceedings to force the OCU in particular to leave properties it had rented for years. On July 24, “court bailiffs” issued an order to Archbishop Klyment of the Orthodox Church in Ukraine to dismantle the only OCU church in Yevpatoriya within five days.

The largest OCU congregation in Crimea closed in September 2019 following a ruling by occupation authorities that the cathedral located in Simferopol must be “returned to the state.” The church was shut down after repeated refusals by the authorities to allow it to register.

Russian occupation authorities prohibited Crimean Tatars affiliated with the Mejlis from registering businesses or properties as a matter of policy.

Section 7. Worker Rights

Occupation authorities announced the labor laws of Ukraine would not be in effect after 2016 and that only the laws of the Russian Federation would apply.

Occupation authorities imposed the labor laws and regulations of the Russian Federation on Crimean workers, limited worker rights, and created barriers to the exercise of freedom of association, collective bargaining, and the ability to strike. Trade unions are formally protected under Russian law but limited in practice. As in both Ukraine and Russia, employers were often able to engage in antiunion discrimination and violate collective bargaining rights. Pro-Russian authorities threatened to nationalize property owned by Ukrainian labor unions in Crimea. Ukrainians who did not accept Russian citizenship faced job discrimination in all sectors of the economy. Only holders of Russian national identification cards were allowed to work in “government” and municipal positions. Labor activists believed that unions were threatened in Crimea to accept “government” policy without question and faced considerable restrictions on advocating for their members.

Although no official data were available, experts estimated there was growing participation in the underground economy in Crimea.

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Ukraine

Ukraine

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Crimea

Note: Except where otherwise noted, references in this report do not include areas controlled by Russia-led forces in the Donbas region of eastern Ukraine or Russian-occupied Crimea. At the end of this report is a section listing abuses in Russian-occupied Crimea.

EXECUTIVE SUMMARY

Ukraine is a republic with a semipresidential political system composed of three branches of government: a unicameral legislature (Verkhovna Rada); an executive led by a directly elected president who is head of state and commander in chief, and a prime minister who is chosen through a legislative majority and as head of government leads the Cabinet of Ministers; and a judiciary. In April 2019 Volodymyr Zelenskyy was elected president in an election considered free and fair by international and domestic observers. In July 2019 the country held early parliamentary elections that observers also considered free and fair.

The Ministry of Internal Affairs is responsible for maintaining internal security and order. The ministry oversees police and other law enforcement personnel. The Security Service of Ukraine is responsible for state security broadly defined, nonmilitary intelligence, and counterintelligence and counterterrorism matters. The Ministry of Internal Affairs reports to the Cabinet of Ministers, and the Security Service reports directly to the president. The Ministry of Defense and Ukrainian armed forces are responsible for defending the country’s sovereignty and territorial integrity by deterring armed aggression. The Ministry of Defense ensures sovereignty and the integrity of national borders and exercises control over the activities of the armed forces in compliance with the law. The president is the supreme commander in chief of the armed forces. The Ministry of Defense reports directly to the president. The State Fiscal Tax Service exercises law enforcement powers through the tax police and reports to the Cabinet of Ministers. The State Border Guard Service under the Ministry of Internal Affairs implements state policy regarding border security, while the State Migration Service, also under the Ministry of Internal Affairs, implements state policy regarding migration, citizenship, and registration of refugees and other migrants. Civilian authorities generally maintained effective control over security forces in the territory controlled by the government. Members of the security forces committed some abuses.

Significant human rights issues included: unlawful or arbitrary killing; torture and cases of cruel, inhuman, or degrading treatment or punishment of detainees by law enforcement personnel; harsh and life-threatening conditions in prisons and detention centers; arbitrary arrest or detention; serious problems with the independence of the judiciary; abuses in the Russia-led conflict in the Donbas, including physical abuse of civilians and members of armed groups held in detention facilities; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, and blocking of websites; refoulement of refugees; serious acts of corruption; lack of investigation of and accountability for violence against women; violence or threats of violence motivated by anti-Semitism; crimes involving violence or threats of violence targeting persons with disabilities, members of ethnic minority groups, and lesbian, gay, bisexual, transgender, or intersex persons; and the existence of the worst forms of child labor.

The government generally failed to take adequate steps to prosecute or punish most officials who committed abuses, resulting in a climate of impunity. Human rights groups and the United Nations noted significant deficiencies in investigations into alleged human rights abuses committed by government security forces.

In the Russia-instigated and -fueled conflict in the Donbas region, Russia-led forces reportedly engaged in unlawful or arbitrary killings of civilians, including extrajudicial killings; forced disappearances and abductions; torture and cases of cruel, inhuman, or degrading treatment or punishment. Other significant human rights issues included: harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; serious restrictions on free expression, the press, and the internet; substantial interference with the freedom of peaceful assembly and freedom of association; severe restrictions of religious freedom; serious restrictions on freedom of movement across the line of contact in eastern Ukraine; restrictions on political participation, including unelected governments and elections that were not genuine, free, or fair; and unduly restricted humanitarian aid.

Significant human rights issues in Russia-occupied Crimea included: forced disappearances and abductions; torture and cruel, inhuman, or degrading treatment or punishment of detainees to extract confessions and punish persons resisting the occupation; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, and site blocking; substantial interference with freedom of peaceful assembly and freedom of association; severe restrictions of religious freedom; serious restrictions on freedom of movement; restrictions on political participation, including unelected governments and elections that were not genuine, free, or fair; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons. Russian occupation authorities in Crimea reportedly continued to engage in widespread violence against and harassment of Crimean Tatars and pro-Ukrainian activists in response to peaceful opposition to Russian occupation (see Crimea subreport).

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Members of National/Racial/Ethnic Minority Groups

Mistreatment of members of minority groups and harassment of foreigners of non-Slavic appearance remained problematic. According to the most recent data from the National Minority Rights Monitoring Group, 61 xenophobic incidents (attacks, vandalism, and “public expressions of xenophobia”) occurred in 2019. Human rights organizations stated the requirement to prove actual intent, including proof of premeditation, to secure a conviction made it difficult to apply the laws against offenses motivated by racial, national, or religious hatred. Police and prosecutors continued to prosecute racially motivated crimes under laws against hooliganism or related offenses.

On July 19, three students from the Democratic Republic of Congo were attacked by five men as they hailed a taxi on a street in Kyiv. One of the attackers fired a gun into the air during the attack. The students alleged the men taunted them for their skin color. Police launched a criminal investigation on the charge of “violation of equality of citizens based on their race, nationality, religious beliefs, disability, and on other grounds combined with violence.”

The most frequent reports of societal violence against national/racial/ethnic minorities were against Roma. In one example, human rights groups reported that on August 29, approximately 500 residents of the village of Andriyivka in Kharkiv Oblast gathered to demand the eviction of Romani families living in the district. Following the rally, participants gathered outside a house belonging to Romani families and threw eggs and stones at its windows. Police evacuated the families and helped them relocate with anonymity. Police opened an investigation of the incident. Similarly, on April 29, two young men attacked a Romani family of four at their settlement camp in Kyiv. The attackers forced the family from their tent in the early morning hours, verbally harassed the mother, and kicked the father. They then set the tent and its contents on fire, forcing the family to flee the camp. Police said they did not investigate the incident because the family had not insisted on an investigation.

Human rights activists remained concerned about the lack of accountability in cases of attacks on Roma and the government’s failure to address societal violence and harassment against Roma.

Roma continued to face governmental and societal discrimination and significant barriers accessing education, health care, social services, and employment. According to Council of Europe experts, 60 percent of Roma were unemployed, 40 percent had no documents, and only 1 percent had a university degree. According to the Romani women’s foundation, Chirikli, local authorities erected a number of barriers to prevent issuing national identification documents to Roma. Authorities hampered access to education for persons who lacked documents and segregated Romani children into special schools or lower-quality classrooms. Officials also expressed anti-Romani sentiments and encouraged discrimination.

On May 22, at a weekly city council meeting, the mayor of Ivano-Frankivsk called for the expulsion of all Roma from the city, alleging that Roma were violating COVID-19 quarantine restrictions. Police subsequently forcibly relocated 10 Romani individuals from the city. At the direction of the minister of internal affairs, police initiated criminal proceedings against the mayor on charges of discrimination.

The enforcement of pandemic-related measures exacerbated governmental and societal discrimination against Roma. According to the HRMMU, many Romani individuals with informal and seasonal employment lost their livelihoods during the quarantine period. Many of these individuals lacked personal identification documents, and therefore had difficulty accessing medical care, social services, pensions, and formal employment.

Many Roma fled settlements in areas controlled by Russia-led forces and moved elsewhere in the country. According to Chirikli, approximately 10,000 Roma were among the most vulnerable members of the country’s IDP population. Because many Roma lacked documents, obtaining IDP assistance, medical care, and education was especially difficult.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits workplace discrimination on the basis of race, color, political, religious and other beliefs, sex, gender identity, sexual orientation, ethnic, social and foreign origin, age, health, disability, HIV/AIDS condition, family and property status, or linguistic or other grounds.

The government did not effectively enforce the law, and employment discrimination reportedly occurred with respect to gender, disability, nationality, race, minority status, sexual orientation or gender identity, and HIV-positive status. The agriculture, construction, mining, heavy industry, and services sectors had the most work-related discrimination. The law provides for civil, administrative, and criminal liability for discrimination in the workplace. Penalties were commensurate with those for similar violations, but they were not sufficient to deter violations, and the burden of proof in discrimination cases is still on an employee.

Under the law women were not allowed to work the same hours as men; women were prohibited from occupying jobs deemed dangerous, which men were permitted to hold; and women were prohibited from working in all of the same industries as men.

Women received lower salaries due to limited opportunities for advancement and the types of industries that employed them. According to the State Statistics Office, men earned on average 20 percent more than women. The gap was not caused by direct discrimination in the setting of wages, but by horizontal and vertical stratification of the labor market; women were more likely to work in lower-paid sectors of the economy and in lower positions. Women held fewer elected or appointed offices at the national and regional levels.

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