38^th session of the UN Human Rights Council

Agenda item 9

General debates

Intervention by the Delegation of Ukraine

(2 July 2018)

Mr. President,

It is a principled position of Ukraine that the shameful phenomenon of racism should have no place in this world. Modern racism is mutating and hiding its real inhuman nature. Xenophobia, intolerance, violation of minority groups and indigenous people rights as well as all disguised manifestations of racism are still threatening human rights and world law and order.

Today, Ukraine and Ukrainians are directly and particularly faced with this threat. The ongoing Russian aggression against Ukraine and temporary occupation of parts of Ukrainian territory are accompanied by systemic discriminatory acts, which fragrantly violate human rights of Ukrainian population on ethnic ground. Ethnic Ukrainians, both in the Crimea and occupied parts of Eastern Ukraine, and indigenous people of the Crimea – Crimean Tatars are specifically targeted.

In 2017, Ukraine initiated a case against Russia at the International Court of Justice to hold it accountable for violation of Convention on Elimination of All Forms of Racial Discrimination. 

In April 2017 the Court issued a provisional measures Order, which required Russia to lift its ban on activities of the Mejlis of Crimean Tatars and to ensure the availability of education in Ukrainian language. Over a year has passed, and it has now become apparent that Russia did nothing and is still unwilling to fulfill its international obligations under CERD.

Therefore, earlier this year, Ukraine requested the Court to provide a definitive interpretation of its Order that remains unimplemented.

We did this because the situation in the temporarily occupied Crimea remains especially dangerous due to the continuous gross violations of international humanitarian and human rights law and systematic, organized racial discrimination of Crimean Tatars and Ukrainians – despite all the decisions and efforts of international judicial institutions, international organizations and human rights bodies.

We believe that current instruments of international law, first and foremost the Convention on Elimination of All Forms of Racial Discrimination, provide unambiguous norms and standards for countering racism, while existing international judicial mechanisms have to be effective tools to enforce them.

It is critical, however, that they are augmented by an uncompromising position of international community at large, and strengthening international sanctions against Russia as Kremlin leadership demonstrates its despise towards international law and decision of international institutions.  

Therefore, today I call on this Council to join Ukraine in insisting that Russia is not above the law and its crimes against Ukrainians and Crimean Tatars shall not go unpunished.

Thank you.