Experts of our Association sent the submission for thematic report of UN Special Rapporteur on Minority Issues on conflict prevention through the protection of the human rights of minorities. Association reminded the UN Rapporteur on the illegal occupation and attempted annexation of Crimea by Russia and relevant cases pending in international courts, including the International Court of Justice and the European Court of Human Rights.
Our Association pointed the Rapporteur on the issues of discrimination of the Crimea’s ethnic groups, reflected in a set of our analytic materials, granted to the competent structures of UN and OSCE. Association’s experts highlighted already the problems of historic, social and legal consequences of illegal deportations the ethnic groups, indigenous’ and minorities’ rights, including linguistic, ecologic and humanitarian ones, aspects of stigmatization the ethnic groups as “terrorists” and “extremists” and their ongoing racial discrimination, as Russia uses the mechanisms of “countering the extremism” and “countering the ideology of terrorism” to discriminate ethnic Ukrainians, Crimean Tatars and other groups in the Crimea.
Association stressed in the submission that Russian de-facto “authorities” do not realize any policy or program approaches in the Crimea to protect the human rights of ethnic groups. Such “governing powers” make no “existing policies, legal and institutional frameworks, as well any other positive initiatives” regarding peaceful coexistence in order to safeguard the recognition and protection of the human rights of minorities. Their relevant acts have the propagandistic role only and are the tools of total embezzlement of relevant costs by the de-facto “authorities” and related criminal groups. In its turn Ukraine adopted in 2021 the law in indigenous peoples of Ukraine, directly related with issues of Crimean ethnic groups and develops the sublegal acts developing these legal amendments now.
In the submission ARC pointed that UN Member States, the UN human rights system, international organizations and non-State actors must be proactive in issues of counteraction the discrimination in conflict zones including the Crimea. The good example is the case “Gambia v. Myanmar” pending in the ICJ since 2019 concerning violations of the Convention on the Prevention and Punishment of the Crime of Genocide regarding the members of the Rohingya group. Such experience of initiating the international judicial proceeding defending the religious groups in third counties may be taken to account by other states, as a tool of defense the rights of discriminated Crimean Tatars.
Association stressed again that UN Human Rights Monitoring Mission in Ukraine and OSCE Special Monitoring Mission to Ukraine have in their mandate the research on the situation with the ethnic discrimination in the Crimea but they do not pay the adequate attention on those issues in their reports. Their activities should be enforced. Special research on the situation with the ethnic discrimination in conditions of the armed conflicts and related “grey zones” like Crimea, done by the UN Special Rapporteur, may be a starting point for improvement of the situation.
Association pointed that actions of the Russian de-facto “authorities” are the main reason for the inequalities based on ethnic, religious, linguistic or national identity in relation to social and economic development and the participation of Crimea’s ethnic groups. Russia bans any independent monitoring visit to the Crimea for the international organizations and independent legal defenders and human rights’ non-governmental structures. Russian de-facto “authorities” did not provide any institutional mechanisms to gather disaggregated data to allow for in-depth analysis of human rights and social and economic development enjoyment across different population groups, including minority groups in the occupied Crimea. Russian de-facto “authorities” spent “budget money” allegedly for support the “national cultural autonomies” in the Crimea but those funds are totally embezzled via fake organization like “Cossacks’ unions” or “autonomies” of some Russia-loyal and Russia-controlled diasporas. Indigenous peoples, ethnic Ukrainians and traditional ethnic minorities in the Crimea have no any practice influence on the planning and realizing the pointed “budgetary allocations” and get any funding from it.