Read A Section: Crimea
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 74/168 on the “Situation of Human Rights in the Autonomous Republic of Crimea and the City of Sevastopol (Ukraine)”of December 9, 2019, 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 Ukraine’s 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 Reports on Human Rights for Russia.
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.
Significant human rights issues included: disappearances; torture, including punitive psychiatric incarceration; mistreatment of persons in detention as punishment or to extort confessions; harsh prison conditions and transfer of prisoners to Russia; arbitrary arrest and detention; political prisoners; pervasive and arbitrary interference with privacy; severe restrictions on free expression, the press, and the internet, including violence against journalists and website blocking; gross and widespread suppression of freedom of assembly and religion; severe restriction of freedom of association, including barring the Crimean Tatar Mejlis; significant restrictions on freedom of movement; restrictions on political participation; systemic corruption; and violence and systemic discrimination against Crimean Tatars and ethnic Ukrainians.
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 4. Corruption and Lack of Transparency in Government
Corruption: There were multiple reports during the year of systemic rampant corruption among Crimean “officeholders,” including through embezzlement of Russian state funds allocated to support the occupation. For example, on April 3, de facto Crimean law enforcement authorities detained the mayor of the city of Yevpatoriya, Andrey Filonov. He was charged with abuse of power that entailed losses for the municipal budget in the amount of 35 million Russian rubles ($5.5 million).
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
Most independent human rights organizations ceased activities in Crimea following Russia’s occupation. Occupation authorities refused to cooperate with independent human rights NGOs, ignored their views, and harassed human rights monitors and threatened them with fines and imprisonment.
Russia continued to deny access to the peninsula to international human rights monitors from the OSCE and the United Nations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Birth Registration: Under both Ukrainian law and laws imposed by Russian occupation authorities, either birthplace or parentage determines citizenship. Russia’s occupation and purported annexation of Crimea complicated the question of citizenship for children born after February 2014, since it was difficult for parents to register a child as a citizen with Ukrainian authorities. Registration in the country requires a hospital certificate, which is retained when a birth certificate is issued. Under the occupation regime, new parents could only obtain a Russian birth certificate and did not have access to a hospital certificate. In 2016 the Ukrainian government instituted a process whereby births in Crimea could be recognized with documents issued by occupation authorities.
Institutionalized Children: There were reports occupation authorities continued to permit kidnapping of orphans in Crimea and transporting them across the border into Russia for adoption. Ukraine’s government did not know the whereabouts of the children.
According to Jewish groups, an estimated 10,000 to 15,000 Jews lived in Crimea, primarily in Simferopol. There were no reports of anti-Semitic acts.
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 August UN secretary-general’s special report noted a “narrowing of space for manifestations of Ukrainian and Crimean Tatar identities and enjoyment of the respective cultures in Crimea. The restrictions have reportedly been closely connected to the suppression of political dissent and alternative political opinion.”
There were reports that government officials 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. For example, on June 26, occupation authorities denied a request by the residents of the town of Oktyabrske to hold a car rally for Crimean Tatar Flag Day. Police arrived at the gathering, informed them the event was unauthorized, and video-recorded those present. According to press reports, as the cars proceeded anyway, they were pulled over four times by police for “document checks.”
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 HRMMU, in the 2017-2018 academic year no school provided instruction in Ukrainian, and there were eight available Ukrainian language classes in Russian schools that were attended by 318 children. 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. The largest OCU congregation in Crimea closed on September 23 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.
Occupation authorities allegedly selectively seized property belonging to ethnic Ukrainians and Crimean Tatars. According to the August UN secretary-general’s special report, during the year the HRMMU “received information about numerous cases of allocation of land plots to formerly displaced persons in Crimea, including Crimean Tatars, free of charge, as part of plans to legalize the unauthorized appropriation of land or allocation of alternative land plots.”
Russian occupation authorities prohibited Crimean Tatars affiliated with the Mejlis from registering businesses or properties as a matter of policy.
Human rights groups and local LGBTI activists reported that most LGBTI individuals fled Crimea after the Russian occupation began. Those who remained lived in fear of abuse due to their sexual orientation or gender identity.
According to the HRMMU, NGOs working on access to health care among vulnerable groups have found it impossible to advocate for better access to healthcare for LGBTI persons due to fear of retaliation by occupation authorities.
Occupation authorities prohibited any LGBTI group from holding public events in Crimea. According to the HRMMU, LGBTI residents of Crimea faced difficulties in finding a safe environment for gatherings because of occupation authorities’ encouragement of an overall hostile attitude towards the manifestation of LGBTI identity. LGBTI individuals faced increasing restrictions on their right to free expression and assembly peacefully, because occupation authorities enforced a Russian law that criminalizes the so-called propaganda of nontraditional sexual relations to minors (see section 6 of the Country Reports on Human Rights for Russia). For example, on June 29, the organizers of the theater company Territoria apologized for producing a play that showed two women kissing during a state-sponsored theater festival. High-ranking members of the Russian government called for the company to be prosecuted under the Russian law that prohibits the “propaganda” of “nontraditional sexual relations” to minors.
Read A Section: Ukraine
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.
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. On April 21, Volodymyr Zelenskyy was elected president in an election considered free and fair by international and domestic observers. On July 21, 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 (SBU) 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 SBU reports directly to the president. The Ministry of Defense protects the country against foreign and domestic aggression, 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 Migration Service under the Ministry of Internal Affairs implements state policy regarding border security, 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.
Significant human rights issues included: unlawful or arbitrary killings; torture and other abuse of detainees by law enforcement personnel; harsh and life-threatening conditions in prisons and detention centers; arbitrary arrest and detention; substantial problems with the independence of the judiciary; restrictions on freedom of expression, the press, and the internet, including violence against journalists, censorship, and blocking of websites; refoulement; widespread government corruption; and crimes involving violence or threat of violence targeting persons with disabilities, ethnic minorities, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.
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-induced and -fueled conflict in the Donbas region, Russia-led forces reportedly engaged in killings of civilians; forced disappearances and abductions; torture; unlawful detentions; and committed gender-based violence. Other egregious human right issues in the areas controlled by Russia-led forces included harsh and life-threatening prison and detention center conditions; political prisoners; the absence of judicial independence; severe restrictions on freedom of expression, the press, and the internet; restrictions on the rights of peaceful assembly, freedom of association, and religious freedom; restrictions on freedom of movement across the line of contact in eastern Ukraine; and unduly restricted humanitarian aid.
Significant human rights issues in Russia-occupied Crimea included: abductions; torture and abuse of detainees to extract confessions and punish persons resisting the occupation; unlawful detention; significant problems with the independence of the judiciary; restrictions on free expression, the press, and the internet, including for members of the press; restrictions on the rights of peaceful assembly and freedom of association and religion. Occupation authorities in Crimea continued to engage in violence against and harassment of Crimean Tatars and pro-Ukrainian activists in response to peaceful opposition to Russian occupation (see Crimea sub-report).
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption. Authorities did not effectively implement the law, and many officials engaged in corrupt practices with impunity. While the number of reports of government corruption was low, corruption remained pervasive at all levels in the executive, legislative, and judicial branches of government.
The High Anticorruption Court (HACC) started its work on September 5. The HACC’s creation completed the country’s system of bodies to fight high-level corruption, complementing two previously created anticorruption agencies, the National Anticorruption Bureau (NABU) and the Special Anticorruption Prosecutor. The new independent anticorruption bodies faced political pressure that undermined public trust, raised concern about the government’s commitment to fighting corruption, and threatened the viability of the institutions.
On February 26, the Constitutional Court declared unconstitutional an article of the criminal code proscribing criminal liability for illegal enrichment. The decision led NABU to close 65 corruption cases it had been developing against high-level officials. According to legal experts and civil society, elimination of illicit enrichment from the criminal code was a serious setback in the fight against high-level corruption. On November 26, President Zelenskyy signed a law reinstating criminal liability for illicit enrichment of government officials.
Corruption: While the government publicized several attempts to combat corruption, it remained a serious problem for citizens and businesses alike.
On March 5, NABU initiated an investigation into Ihor Hladkovskyy, the son of the former first deputy secretary of the National Security and Defense Council of Ukraine, for large-scale embezzlement. Hladkovskyy reportedly procured military equipment from Russia, which was then sold to Ukraine’s state-run defense enterprise, Ukroboronprom, at several times market rate. The scheme netted about 250 million hryvnias ($10.5 million). The investigation continued as of October.
On July 9, the Malynovsky District Court of Odesa acquitted Odesa mayor Hennadiy Trukhanov of embezzlement. The court moved quickly to hold hearings prior to the establishment of the HACC, experts maintained. The case was appealed and will be heard by the HACC.
Financial Disclosure: The law mandates the filing of income and expenditure declarations by public officials, and a special review process allows for public access to declarations and sets penalties for either not filing or filing a false declaration. By law the National Agency for the Prevention of Corruption (NAPC) is responsible for reviewing financial declarations, monitoring the income and expenditures of high-level officials, and checking party finances. Observers increasingly questioned, however, whether the NAPC had the capacity and independence to fulfill this function.
In October the NAPC reported that First Deputy Minister of Culture Svitlana Fomenko declared false information in her 2015 asset declaration. The amount of undeclared income totaled 1.4 million hryvnias ($59,000). Declaration information was transferred to the NABU.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases.
Authorities in Russia-controlled areas in eastern Ukraine routinely denied access to domestic and international civil society organizations. If human rights groups attempted to work in those areas, they faced significant harassment and intimidation (see section 2.b., Freedom of Association).
Government Human Rights Bodies: The constitution provides for a human rights ombudsman, officially designated as parliamentary commissioner on human rights.
In March 2018 parliament appointed Lyudmila Denisova parliamentary commissioner on human rights. The Office of the Parliamentary Commissioner on Human Rights cooperated with NGOs on various projects to monitor human rights practices in various institutions, including detention facilities, orphanages and boarding schools for children, and geriatric institutions. Denisova took a proactive stance advocating on behalf of political prisoners held by Russia as well as Crimean Tatars, Roma, IDPs, and persons with disabilities.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
During the year the OHCHR and human rights groups documented fewer incidents of xenophobic societal violence and discrimination, compared with a spike in these incidents in 2018. Civil society groups remained concerned, however, about the lack of accountability for crimes committed by radical groups in cases documented in 2018. During the year members of such groups committed violent attacks on ethnic minorities (especially Roma), LGBTI persons, feminists, and other individuals they considered to be “un-Ukrainian” or “anti-Ukrainian.” The HRMMU noted that the failure of police and prosecutors to prevent these acts of violence, properly classify them as hate crimes, and effectively investigate and prosecute them created an environment of impunity and lack of justice for victims.
There were continued reports that the government provided grant funds to or cooperated with radical groups. For example, according to monitoring by independent investigative media outlet Bellingcat, during the year the Ministry of Youth and Sport awarded 845,000 hryvnias ($35,000) to groups–such as National Corps and C14 that have committed violence against minorities–to run “national-patriotic education projects” for children.
Rape and Domestic Violence: The law prohibits rape of men or women. The penalty for rape is three to 15 years’ imprisonment. Sexual assault and rape continued to be significant problems.
On January 11, amendments to the criminal code increasing liability for sexual, domestic, and gender-based violence came into force. The amendments expanded the definition of rape and introduced stricter punishment for sexual coercion by up to three years of prison and forced abortion or sterilization by up to five years.
Domestic violence against women remained a serious problem. Spousal abuse was common. According to the Ministry of Internal Affairs, 761 cases of domestic violence were registered during the first nine months of the year. Police issued approximately 44,000 domestic violence warnings and protection orders during the first nine months of the year. Punishment included fines, emergency restraining orders of up to 10 days, ordinary restraining orders from one to six months, administrative arrest, and community service. Human rights groups noted that the ability of agencies to detect and report cases of domestic violence was limited. Human rights groups asserted that law enforcement often did not consider domestic violence to be a serious crime but rather a private matter to be settled between spouses, but they also noted that police were starting to take the problem more seriously.
According to press reports, in early March an intoxicated man stabbed his 25-year-old former wife in Podolsk. The woman managed to run to a hospital, despite being pursued by her former husband. Their seven-year-old daughter witnessed the crime. Odesa police found and detained the perpetrator two days later. He was charged with “intentional infliction of bodily harm.”
According to the NGO La Strada, the conflict in the Donbas region led to a surge in violence against women across the country. Human rights groups attributed the increase in violence to posttraumatic stress experienced by IDPs fleeing the conflict and by soldiers returning from combat. IDPs reported instances of rape and sexual abuse; many claimed to have fled areas controlled by Russia-led forces because they feared sexual abuse.
As of late September the government operated 24 shelters for victims of domestic violence and 21 centers for social and psychological aid across the country for victims of domestic violence and child abuse.
Sexual Harassment: While the law prohibits coercing a person to have sexual intercourse, legal experts stated that safeguards against harassment were inadequate. The law puts sexual harassment in the same category as discrimination and sets penalties ranging from a fine to three years in prison. Women’s rights groups reported continuing and widespread sexual harassment, including coerced sex, in the workplace. Women rarely sought legal recourse because courts declined to hear their cases and rarely convicted perpetrators.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: While the law provides that women enjoy the same rights as men, women experienced discrimination in employment. According to the government commissioner on gender policy, women on average received 30 percent lower salaries than men. The Ministry of Health maintained a list of 50 occupations that remain prohibited for women.
Birth Registration: Either birth in the country or to Ukrainian parents conveys citizenship. A child born to stateless parents residing permanently in the country is a citizen. The law requires that parents register a child within a month of birth, and failure to register sometimes resulted in denial of public services.
Registration of children born in Crimea or Russia-controlled areas in Donbas remained difficult. Authorities required hospital paperwork to register births. Russia-backed “authorities” routinely kept such paperwork if parents registered children in territories under their control, making it difficult for the child to obtain a Ukrainian birth certificate. In addition authorities did not recognize documents issued by Russian occupation authorities in Crimea or “authorities” in territories controlled by Russia-led forces. Persons living in Crimea and parts of Russia-controlled Donbas had to turn to Ukrainian courts with birth or death documents issued by occupational authorities in order to receive Ukrainian documents. The courts were obliged to make rulings in 24 hours; these decisions were then carried out by the registry office. Due to the lack of judges in local courts, Ukrainians living in regions occupied by Russia and Russia-led forces faced serious difficulty obtaining Ukrainian documents.
Child Abuse: Penalties for child abuse range from three years to life, depending on severity. The law criminalizes sexual relations between adults and persons younger than 16; violations are punishable by imprisonment of up to five years. A January 11 amendment to the criminal code qualifies sexual relations with a person younger than 14 as rape.
Human rights groups noted authorities lacked the capability to detect violence against children and refer victims for assistance. Preventive services remained underdeveloped. There were also instances of forced labor involving children (see section 7.c.).
Authorities did not take effective measures to protect children from abuse and violence and to prevent such problems. The ombudsman for human rights noted the imperfection of mechanisms to protect children who survived or witnessed violence, particularly violence committed by their parents. According to the law, parents were the legal representatives of their children, even if they perpetrated violence against them. There is no procedure for appointing a temporary legal representative for a child during the investigation of alleged parental violence.
According to press reports, on May 27, police officers in Zhytomyr Oblast, while visiting the home of local residents, learned that a child was missing. Police uncovered that a few months earlier, the stepfather had hit a child, who fell and died as a result. Both spouses then burnt the body. Authorities detained the parents detained on charges of first-degree murder and removed two other children from the family and placed them in a rehabilitation center.
Early and Forced Marriage: The minimum age for marriage is 18. A court may grant a child as young as 16 permission to marry if it finds marriage to be in the child’s interest. Romani rights groups reported early marriages involving girls younger than 18 were common in the Romani community.
Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography. The minimum prison sentence for child rape is eight years. Molesting a child younger than 16 is punishable by imprisonment for up to five years. The same offense committed against a child younger than 14 is punishable by imprisonment for five to eight years. The age of consent is 16.
Sexual exploitation of children, however, remained significantly underreported. Commercial sexual exploitation of children remained a serious problem.
Domestic and foreign law enforcement officials reported that a significant amount of child pornography on the internet continued to originate in the country. 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 trafficking, including for commercial sexual exploitation and the production of pornography. For example, on September 4, the Pechersk District Court in Kyiv authorized the arrest of a Kyiv resident who allegedly produced and disseminated pornography of his two children. An investigation was underway as of October.
Displaced Children: The majority of IDP children were from Donetsk and Luhansk Oblasts. According to the Ministry of Social Policy, authorities registered more than 240,000 children as IDPs. Human rights groups believed this number was low.
Institutionalized Children: The child welfare system continued to rely on long-term residential care for children at social risk or without parental care, although the number of residential-care institutions continued to drop. Government policies to address the abandonment of children reduced the number of children deprived of parental care. A government strategy for 2017-2026 calls for the transformation of the institutionalized child-care system into one that provides a family-based or family-like environment for children.
Human rights groups and media outlets reported unsafe, inhuman, and sometimes life-threatening conditions in some institutions. Officials of several state-run institutions and orphanages were allegedly complicit or willfully negligent in the sex and labor trafficking of girls and boys under their care.
On August 15, press outlets reported that 20 children between the ages of 10 and 17 from the Batiovo Orphanage in Zakarpattia Oblast reported physical violence and sexual abuse. Local police started an investigation.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at HYPERLINK “https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html”https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
According to census data and international Jewish groups, an estimated 103,600 Jews lived in the country, constituting approximately 0.2 percent of the population. According to the Association of Jewish Organizations and Communities (VAAD), there were approximately 300,000 persons of Jewish ancestry in the country, although the number might be higher. Before the conflict in eastern Ukraine, according to VAAD, approximately 30,000 Jews lived in the Donbas region. Jewish groups estimated that between 10,000 and 15,000 Jews lived in Crimea before Russia’s attempted annexation.
According to the National Minority Rights Monitoring Group (NMRMG), as in 2018, no cases of suspected anti-Semitic violence were recorded as of October 1. The last recorded anti-Semitic violence against individuals occurred in 2016. The NMRMG recorded approximately 10 cases of anti-Semitic vandalism as of October 1, compared with 11 incidents during the same period in 2018. According to the NMRMG, the drop in violence and anti-Semitic vandalism was due to better police work and prosecution of those committing anti-Semitic acts.
Graffiti swastikas continued to appear in Kyiv, Lviv, Poltava, and other cities. According to press reports, on September 15, perpetrators vandalized a memorial to more than 55,000 Jews murdered in Bohdanivka in Mykolaiv Oblast. Jewish organizations expressed concern about the continued existence of Krakivsky Market and new construction atop a historic Jewish cemetery in Lviv. There were several anti-Semitic incidents targeting the Babyn Yar memorial reported during the year.
In line with the country’s 2015 decommunization and denazification law, authorities continued to rename communist-era streets, bridges, and monuments. Some were renamed in honor of 20th century Ukrainian nationalists, some of whom were associated with anti-Semitism.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not effectively enforce these provisions. The law requires the government to provide access to public venues, health services, information, communications, transportation, and the judicial system and opportunities for involvement in public, educational, cultural, and sporting activities for persons with disabilities. The law also requires employers to take into account the individual needs of employees with disabilities. The government generally did not enforce these laws.
Advocacy groups maintained that, despite the legal requirements, most public buildings remained inaccessible to persons with disabilities. Access to employment, education, health care, transportation, and financial services remained difficult (see section 7.d.).
Patients in mental-health facilities remained at risk of abuse, and many psychiatric hospitals continued to use outdated methods and treatments. According to February press reports, patients of a psychiatric institution in Bilopillia in Sumy Oblast complained about cruel and humiliating treatment by staff who allegedly beat and verbally abused them and left them naked for several days. The facility’s administration reportedly forced patients to work on the institution’s cattle farm. The local prosecutor’s office opened an investigation.
Law enforcement generally took appropriate measures to punish those responsible for violence and abuses against persons with disabilities.
By law employers must set aside 4 percent of employment opportunities for persons with disabilities. NGOs noted that many of those employed to satisfy the requirement received nominal salaries but did not actually perform work at their companies.
A law adopted in 2017 guaranteed every child with a disability the right to study at regular secondary schools. It called for the creation of inclusive groups in preschool facilities, secondary and vocational schools, and colleges. According to the president’s commissioner for the rights of children, 12,000 children with disabilities went to regular schools within the program of inclusive education.
Persons with disabilities in Russia-controlled areas in the east of the country suffered from a lack of appropriate care.
Mistreatment of members of minority groups and harassment of foreigners of non-Slavic appearance remained problematic. According to the Ethnic Minorities’ Rights Monitoring Group at the Congress of Ethnic Communities of Ukraine, as of October 1, the number of xenophobic incidents (attacks, vandalism, and “public expressions of xenophobia”) totaled 61, compared with 89 during the same period in 2018. 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.
There were reports of societal violence against Roma. For example, according to press reports, on October 24, an unknown assailant in Zaporizhzhia attacked Romani rights activist Anzhelika Belova with a knife. According to press reports, the attacker followed her home from a supermarket into her apartment building, where he stabbed her. Belova survived, and police arrested the alleged perpetrator. An investigation was under way.
There were reports of attacks on Romani settlements. In one such case, there was an arson attack on a Romani camp on the outskirts of Ivano-Frankivsk on March 25. Ten men dressed in black attacked the settlement and hurled Molotov cocktails at the camp. The ensuing fire damaged two homes. When police arrived, Romani residents refused to file a complaint.
There were multiple reports that members of some radical groups disrupted gatherings related to the rights of Roma. In one example, human rights groups reported that on May 27, a man carrying an ax, two knives, and other weapons attempted to disrupt a briefing of human rights activists about violence against members of the Romani community. He broke into the room and started verbally insulting Romani individuals present. When a press center guard intervened, he threatened those present with two knives and pepper spray. Police responded and removed the perpetrator.
Human rights activists were concerned about the lack of accountability in cases of attacks on Roma documented in 2018. For example, on August 14, a Lviv district court found two high school students guilty of hooliganism for participating in an attack on a Romani camp that resulted in the killing of a man in June 2018. The court sentenced them to four-and-a-half years of prison. The court did not consider racial motivations or hate crime provisions.
In April the Kyiv Oblast Prosecutor’s Office appealed a November 2018 decision of the Holosiivsky District Court in Kyiv dropped charges against C14 leader Serhiy Mazur, the alleged perpetrator in another violent attack against a Romani settlement in Kyiv in April 2018. Court hearings have been postponed six times. Human rights NGOs voiced concerns that impunity for past attacks fueled more violence.
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.
During the year 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.
There were reports that police used laws on human trafficking or prostitution as a pretext to target LGBTI persons. For example, on April 20, police in Dnipro raided a gay nightclub. According to the LGBTI rights organization Nash Mir, at around 1 a.m., 20 to 25 police officers burst into the nightclub, forced all those present to lie down on the floor for three hours, and seized all mobile phones and the club’s equipment. Officers reportedly behaved in an aggressive and homophobic way, expressed insults, made jokes related to sexual orientation, and forced two foreigners, who were in the club, to sing loudly the anthem of Ukraine. While the purported grounds for the raid were the prevention of human trafficking, the published police report about the raid contained no evidence of human trafficking but claimed that the club’s owners took money from patrons in exchange for “creating the conditions for disorderly sexual intercourse.” Nash Mir called the police actions “obviously homophobic and illegal.”
There was societal violence against LGBTI persons often perpetrated by members of violent radical groups, and authorities often did not adequately investigate these cases or hold perpetrators to account. The HRMMU noted that attacks against members of the LGBTI community and other minorities were rarely classified under criminal provisions pertaining to hate crimes, which carried heavier penalties. Crimes and discrimination against LGBTI persons remained underreported. For example, according to press reports, on June 23, four unknown men beat two participants in the Kyiv Pride March who were heading home after the event, spraying them with pepper spray, kicking them, and insulting them.
According to the Nash Mir, radical groups consistently tried to disrupt LGBTI events with violence or threats of violence. For example, on April 11, members of radical groups Tradition and Order and Katechon attacked participants of the European Lesbian Conference in Kyiv. Perpetrators broke into the premises and sprayed tear gas, injuring 10 persons. Police intervened and detained the attackers; the attackers were subsequently released, and no charges were filed.
Although leading politicians and ministers condemned attacks on LGBTI gatherings and individuals, officials sometimes made public statements that were homophobic or that called for violence against LGBTI persons. For example, Sumy deputy mayor Maksym Halytsky posted on a social network a picture of a concentration camp with the caption “before long the so-called prides will look like this.” The Prosecutor General’s Office initiated criminal proceedings on charges of “deliberate actions to incite national, racial, or religious hatred, to humiliate national honor and dignity, or to offend the feelings of citizens in the light of their beliefs.”
The labor code prohibits workplace discrimination on the basis of sexual orientation or gender identity. No law, however, prohibits such discrimination in other areas, and discrimination was reportedly widespread in employment, housing, education, and other sectors.
Transgender persons reported difficulties obtaining official documents reflecting their gender identity, which resulted in discrimination in health care, education, and other areas.
During the year the HRMMU reported that in the Russia-controlled parts of Donetsk and Luhansk Oblasts, social stigma and intolerance based on sexual orientation and gender identity have become more acute, reportedly due to the application of laws criminalizing the “propaganda of same-sex relationships.”
Stigma and discrimination in health-care centers were barriers to HIV-positive individuals’ receiving medical services. UNICEF reported that children with HIV/AIDS were at high risk of abandonment, social stigma, and discrimination. Authorities prevented many children infected with HIV/AIDS from attending kindergartens or schools. Persons with HIV/AIDS faced discrimination in housing and employment.