Draft

EXPLANATORY MEMORANDUM
of a Decree of the Parliament of Ukraine ”On recommendations of parliamentary hearings”, ”The issues of legislative regulation and realization of a public policy on providing the rights of Crimean Tatar People and other national minorities, which were deported, and for a voluntary return to Ukraine”

For period of time under Stalinist repression, the forced mass deportation of peoples according to national sign from Ukraine in its present boundaries was made.

On May 1944, the Crimean Tatar People suffered a total deportation to back lands of Uzbekistan, Kazakhstan, Kirgizstan, Tadzhikistan and Russian Federation. According to formal information of that time, approximately 200 000 Crimean Tatars were forcibly deported. In the summer of 1944, similar actions were committed against 38 000 Armenians, Bulgarians and Greeks, who were residents of Crimea. Already, in 1994, about 450 000 Germans from Ukraine, including 51 000 from Crimea were deported. In addition, thousands of Hungarians, Poles, Romanians and other nationalities were forcibly deported from Ukraine.

All population deportations were carried out in accordance with decisions made by the bodies of the government of the former USSR. The ill – founded charges and the principle of collective responsibility were used as justifications for these decisions. A transfer of these populations – in an oppressive manner took place; thousands people died, and those who survived were forced to live, for long periods of time, in special settlements, where there was no rule of law, and decisions were made by  military commandant’s offices.

In 1956, the repression and deportation – by governmental bodies of the USSR - of Balkarian, Ingushian, Kalmyk, Karachai and Chechen peoples from the Russian Federation was recognized as illegal, and they were permitted to return to their homeland. At the same time, a Decree of the Supreme Council of the USSR «On a removal of the restrictions on special settlements of Crimean Tatars, Bulgarians, Turks – citizens of USSR, Kurds, Hemshils and their families, deported during Great Patriotic War» prohibited to Crimean Tatars coming back to Crimea.

Until the end of 1989, a return of Crimean Tatars was practically impossible. Thousands of families, which returned to Crimea between 1960 – 1980s, suffered repeated exile. Hundreds of persons were convicted for ”violations” of the registration regime.

A process of rehabilitation of deported peoples by national sign, including Crimean Tatar People, began with the adoption, on 14 November 1989, of the Declaration ”On the recognition as illegal and criminally repressive measures against peoples who suffered a forcible transfer, and on the provision of their rights” by the Supreme Council of USSR.

Up until now, in Ukraine the legal rehabilitation of the victims of racial discrimination in Ukraine was not made, and the issues of the return, resettlement and restoration of the rights of deportees were not legally regulated.  Achieving a solution has thus been rendered difficult, and the reintegration of these peoples into the Ukraine made difficult. These circumstances, and the clearly insufficient financing of the process of resettlement of former deported peoples who have returned to Ukraine, are the source of socio–economical and political tension in various regions of Ukraine, particularly in Crimea.

Taking the extraordinary urgency of these issues into account, including the complexity of a definition of similar approaches for realization of the issues connected with mass violations of human rights and rights of peoples in the USSR, we propose to hold a parliamentary hearing on ”The problems of legislative regulation and the realization of a public policy providing for the rights of Crimean Tatar People and National Minorities who were deported and voluntary returned to Ukraine”.

The goal of such a parliamentary hearing would be: to attract attention to the necessity of a legislative solution to issues of the return, resettlement and restoration of the rights of deported Crimean Tatar People and National Minorities returning to Ukraine; define the basic approaches of appropriate bills; fix a date of consideration and adoption by Parliament of Ukraine; and make recommendations to bodies of the government.

We propose the consideration of a proposed draft of recommendations for a parliamentary hearing and their approval by Decree of the Parliament of Ukraine.

Move by
members of Parliament of Ukraine
Udovenko G.Y.
Chubarov R.A.
Dzhemilev M.

Decree
of the Parliament of Ukraine

On recommendation of a parliamentary hearing on ”The legislative regulation and realization of a public policy for the provision of rights for Crimean Tatar People and National Minorities who were deported and have voluntary returned to Ukraine”

The Parliament of Ukraine decrees to:

1. Approve the recommendations of the parliamentary hearing ”The legislative regulation and realization of a public policy for the provision of rights for Crimean Tatar People and National Minorities who were deported and have voluntary returned to Ukraine”

2. The Council of Ministers jointly with the committees of the Ukrainian Parliament on human rights, national minorities and interethnic relations, legal reforms, public building, local government and committees, social policy and work, international relations and relations with CIS, science and education, culture and spirituality, takes the necessary measures for their realization.

3. Hear the information on the realization of the recommendations on November 2000 (The Day of Government).

The Chairman of Parliament of Ukraine

Recommendations
of the participants of parliamentary hearing
”The legislative regulation and realization of a public policy
for the provision of rights for Crimean Tatar People and
National Minorities who were deported and have
voluntary returned to Ukraine”

The participants of the parliamentary hearing, who analysed a process for the return, resettlement and restoration of the rights of Crimean Tatar People and other national minorities, which were deported and have voluntary returned to Ukraine, noted that Ukraine unconditionally condemns the crimes against peoples and national minorities, which suffered a forcible deportation, and support their voluntary return to places of historical living.

At the same time, parliament-hearing participants expressed a keen dissatisfaction with the legal regulation of that process, which, in its turn, reduced the practical measures realized by bodies of executive power for the solution of issues connected with the return and resettlement of deported peoples in Ukraine.

In the social – political structures of the community, a profound understanding of that issue has not yet been reached for the importance of a solution for the further strengthening of interethnic harmony in Ukraine, for overcoming the tragic legacy of totalitarian policy, for the solidarity of different nationalities, and for restoration and development of a civil society in Ukraine. The lack of a precise complex public policy for the restoration of the rights of former deported Crimean Tatar people and national minorities, an ignorance of legal interests and rights of former deportees, including the adoption of new laws and other normative acts, lead to the discrediting of bodies of government and increase the social – economical and political tension in separate regions and in the country as a whole.

Parliamentary hearing witnesses noted that the Crimean Tatar issue is one of the most acute problems and requires an immediate solution. It is connected with 280 000 deportees returned to Ukraine, 270 000 of which are Crimean Tatars. In effect, in 1944, Crimean Tatars as a whole ethnos were deported.

During some years in minds of former USSR, Crimean Tatars actively struggled for a restoration of their rights as a complex of Indigenous People rights, forcibly deported from historical Homeland. It is obvious that Crimean Tatars don’t consider themselves as national minority in Ukraine, as acting legislative considers, if all non – Ukrainians are considered as national minorities. In this connection, it is necessary to understand that the historical homeland of Crimean Tatars where they as ethnos were formed, is under the jurisdiction of Ukraine, which first of all, is obliged to draw up a set of political-legal measures guaranteeing the preservation and development of Crimean Tatar ethnos in Ukraine and the equal participation in the political, economical and cultural life of state.

Parliamentary hearings once again demonstrated the fact that succeeding the issue of former deported Crimean Tatar People and national minorities, as a legacy of the former USSR. Currently, Ukraine is responsible for achieving a solution. In the period 1990 – 1998, a sum of assigned capital funds from state budget, for the financing of appropriate measures connected with the return and resettlement of deported peoples, constituted 415 mln., grivnas. This sum, however, is not sufficient for a solution of majority of the issues in this area. The repeated appeals of the bodies of government of Ukraine to other states – participants of CIS – concerning a financing of a resettlement of former deported peoples remained without an appropriate answer.

Inflationary and other processes in countries complicate the grave condition of former deported peoples, who have returned to Ukraine, as repatriates lose their personal savings in the return to Ukraine, they are unable to sell their own houses, and are forced to bear transport and other charges.

In order to realize the immediate measures and cardinal reformation of a public policy on providing for the rights of Crimean Tatar People and national minorities who were deported and have voluntary returned to Ukraine, participants of parliamentary hearing advise:

The Parliament of Ukraine to:

1. Take measures for the elaboration and adoption of laws connected with determination of status and rights of indigenous peoples in Ukraine, and for the rehabilitation and restoration of the rights of deported Crimean Tatar People and national minorities.

2. Enforce a legal solution of the set of issues connected with the return, resettlement and integration of deported Crimean Tatar People and National Minorities.

3. The Committee on the human rights, national minorities and interethnic relations to:

   a) Speed up the consideration of a bill of Ukraine ”On Status of Crimean Tatar People of Ukraine”

   b) To subjects of law of legislative initiative jointly with Committee on legal reform and state construction, local government and councils prepare and move the bills oriented to establishment of legal conditions for providing of a guaranteed representation of Crimean Tatars in Supreme Council of Autonomous Republic of Crimea, and local government.

The President of Ukraine to:

1. Take into account the ethno-political situation in Ukraine, President Ukraine as Head – of – Government, guarantee the observance of the Constitution of Ukraine, human rights and freedoms and citizens as well – work out and realize a set of measures for further harmony of interethnic relations, achievement of interethnic peace, including an understanding of the aspirations of Crimean Tatar People, national minorities who suffered forcible deportation, to return to historical places of living and a restoration of the rights violated by deportation.

2. Decree to finish a working and moving a bill of Ukraine ”On the Adoption of a public policy by Ukraine on Indigenous Peoples and National Minorities ”for consideration by Parliament of Ukraine.

3. Decree to study the issues and ratification of Convention of International Labour Organization # 169 ”On Indigenous Peoples in independent states”

The Council of Ministers of Ukraine to:

1. Provide a purposeful financing of State budget for measures regarding the return and resettlement of deported Crimean Tatar People and National Minorities, through a working of the bills of State budget and forming a normative budget relationship between the State budget and the budget of the Autonomous Republic of Crimea. A financing from the budget of Crimea and local, add to state financing.

2. Initiate, within frames of the CIS, a holding of bilateral negotiations on the development of a co-operation of States, on issues regarding the return and resettlement of deported peoples and national minorities.

3. Take measures for the further assistance in the resettlement of deported peoples from other States, international organizations and foundations. Consider an opportunity to use the investment forms of assistance.

4. Consider a realization of Decree of the Council of Ministers of Ukraine #636 from 11 August 1995, ”On measures relating to solution of the political – legal, social – economical and ethnical issues of the Autonomous Republic of Crimea” and # 1191 from 27 October 1999 ”On realization of the orders of President of Ukraine and acts of Council of Ministers of Ukraine on solution of the issues of resettlement of deported Crimean Tatars and other nationalities”. Establish a normative basis for the resolution of issues connected with the return and resettlement of deportees, and the satisfaction of their social-economical and cultural – educational needs.

5. Include a nationality ”Crimean Tatar” in the list of nationalities used in the census.

6. Work out and realize, in collaboration with the Fund of State property of Ukraine, measures on the participation of repatriates in further privatisation.

7. Reconsider, jointly with Council of Ministers of Autonomous Republic of Crimea, a situation of investment distribution for the resettlement of repatriates of different nationalities, in order to redirect them towards those persons who returned to Ukraine.