The Ukrainian legislation in force on securing minority rights was formed under influence of internal interethnic relations, the international law and processes of Ukraine’s integration into European community. Legal acts of the Ukrainian SSR of the late 80s and independent Ukraine of the early 90s were fairly viewed as the most favorable for ensuring minority rights. The 1989 law of the Ukrainian SSR "On Languages in the Ukrainian SSR", the 1991 Declaration on Rights of Nationalities of Ukraine and the 1992 law of Ukraine "On National Minorities in Ukraine" preceded adoption, by the Council of Europe, of the major international legal acts: the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities. Certain elements and principles of Ukraine’s future ethnic policy were formulated in the 1990 Declaration of State Sovereignty of Ukraine and the 1991 Declaration on Rights of Nationalities of Ukraine. Recognizing Ukraine a sovereign national state developing on the basis of the exercise of fundamental rights by the Ukrainian nation, the above documents declared that citizens of all nationalities formed the Ukrainian people; provided for their equality before the law regardless of origin, race, ethnic identity and language; guaranteed all peoples and ethnicities living in Ukraine the right to free ethno-cultural development and formation of ethno-administrative units. Ukraine’s international commitments to the Council of Europe (the 1995 PACE Conclusion No. 190) urged ratification of the European Charter for Regional or Minority Languages, while its declared course towards European integration caused the need to comply with the Copenhagen criteria, including supremacy of the law, stability of democratic institutions, respect of human rights, respect and protection of national and ethnic minorities and other procedures promoting formation of a civil and democratic society. It is expedient to compare analysis of advantages and failings of Ukraine’s legislation on minority rights with international documents and general theories. As a rule, legal sources define the political and legal term "national minority" as a group of persons citizens of the state, to whom certain international and national, if any, rules are applied due to their belonging to that group making them objects of the law and subjects of definite legal relationship. Hence, legal analysis shall be based on categories of the above rights. Minority rights are divided into general fundamental and special (special compensatory) rights. General fundamental minority rights incorporate the right to identity (existence) and protection; respect of ethnic, cultural, linguistic and religious identity of persons belonging to national minorities; the right to Motherland as an integral part of their ethnic identity and development; non-discrimination; equality before the law; equal opportunities; the free exercise of human rights and fundamental freedoms without discrimination. Special (special compensatory) rights of ethnic minorities include the right to use their own language; participate effectively in cultural, religious, social, economic and public life; participate effectively in decisions on the national and, where appropriate, regional level; establish and maintain their own organizations; establish and maintain, without any discrimination, free and peaceful contacts with other members of their group and with persons belonging to other minorities, as well as contacts across frontiers with citizens of other states; profess and practice their own religion or convictions and establish religious organizations; preserve and develop their culture and traditions (customs); use their own symbols; renew historical toponomy; protect historical monuments etc. Now, let’s consider each of the above rights separately. As far as the rights of national minorities to identity (existence) and protection are concerned, it is necessary to mention the UN Typical Law on the Elimination of Racial Discrimination and Instructions on the Improvement of Non-Discrimination Legislation of the States Members (to be implemented within 1993-2003). Formulation of policy shall be based on the September 1999 Lund Recommendations on the Effective Participation of National Minorities in Public Life governing that the States shall guarantee the right of persons belonging to national minorities to take part in the conduct of public affairs, including through the rights to vote and stand for office without discrimination. Persons belonging to national minorities have the right to freely express, maintain, protect and develop their ethnic, cultural and linguistic identity on their territory. Genocide and expatriation against national minorities are prohibited and punished as crimes against humanity. Furthermore, at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance held on August 31 - September 7, 2001, the Program of Actions of the Declaration on the Elimination of All Forms of Racial Discrimination was approved. The Program emphatically called the States to adopt and implement, at the national and international levels, effective measures and policy further to their national anti-discriminatory legislation in force that would encourage all citizens and organizations to combat racism, racial discrimination, xenophobia and related intolerance (provision 58); consider gender challenges in the process of elaboration and adoption of preventive, educational and protective measures geared toward elimination of racism and racial discrimination (provision 59). Article 11 of the 1996 Ukrainian Constitution reads, "The State promotes the consolidation and development of the Ukrainian nation, its historical consciousness, traditions and culture, as well as development of the ethnic, cultural, linguistic and religious identity of all indigenous peoples and national minorities of Ukraine." The rights to non-discrimination, equality before the law, equal opportunities and the free exercise of human rights and fundamental freedoms without discrimination and in full equality before the law is regulated by the International Convention on the Elimination of All Forms of Racial Discrimination adopted by the December 21, 1965 General Assembly resolution No. 2106 (ÕÕ) (entered into force on January 4, 1969), the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities adopted by the December 18, 1992 General Assembly resolution No. 47/135, the UN Instructions on the Improvement of Non-Discrimination Legislation of the States Members (to be implemented within 1993-2003) and the law of Ukraine "On National Minorities in Ukraine". Under the above legal acts, persons belonging to national minorities have the right to freely exercise human rights and fundamental freedoms without any discrimination and in full equality before the law. Persons belonging to national or ethnic, religious and linguistic minorities have the right to enjoy their own culture, profess and practice their own religion, obtain and disseminate information and use their own language, in private and in public, freely and without interference or any form of discrimination. The Framework Convention for the Protection of National Minorities was adopted on February 1, 1995 and ratified by the December 7, 1997 Ukrainian law No. 703/97. It reads that the protection of national minorities and of the rights and freedoms of persons belonging to those minorities forms an integral part of the international protection of human rights, and as such falls within the scope of international cooperation (Article 1). Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights, which are connected to that choice; every person belonging to a national minority shall have the right of equality before the law and of equal protection of the law (Article 3). In this respect, any discrimination based on belonging to a national minority shall be prohibited (Article 4). Formulators of policy geared toward the exercise of the right of national minorities to use their language shall pay attention to the fact that in general, culture is an opportunity to maintain and develop ethnic identity of a person, access to spiritual treasures of mankind, their use and participation in their development. This category of rights incorporates the right to information, use of language of national minorities, education in the minority language and others. The right of national minorities to use their language plays a key role in the international law. Hence, the large number of normative acts regulates the above right. The December 18, 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities reads that persons belonging to national or ethnic, religious and linguistic minorities have the right to use their own language, in private and in public, freely and without interference or any form of discrimination (Article 1). Article 27 of the March 23, 1976 International Covenant on Civil and Political Rights governs that persons belonging to national or ethnic, religious and linguistic minorities and other members of their groups have the right to use their language. Under provision 32.1 of the June 29, 1990 Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, persons belonging to national minorities have the right to use freely their mother tongue in private and in public. However, the Framework Convention for the Protection of National Minorities signed by Ukraine on February 1, 1995 and ratified on December 9, 1997 is even more specific about this right. Its Article 11 reads, "The Parties undertake to recognize that every person belonging to a national minority has the right to use his or her surname (patronymic) and first names in the minority language and the right to official recognition of them, according to modalities provided for in their legal system; display in his or her minority language signs, inscriptions and other information of a private nature visible to the public." Notwithstanding topicality and the dire need for a new law on languages, the October 28, 1989 law of the Ukrainian SSR "On Languages in the Ukrainian SSR" is still in force. On February 12, 1991, the resolution of the Council of Ministers of the Ukrainian SSR "On Public Program of Development of the Ukrainian Language in the Ukrainian SSR for the Period till 2000" was adopted. The document governed to ensure consistent implementation of the law of the Ukrainian SSR "On Languages in the Ukrainian SSR", create adequate conditions for the comprehensive development and use of the Ukrainian language in all spheres of public life, maintain and develop languages of other nationalities living within the territory of Ukraine. The President of Ukraine and the Ukrainian government passed a number of organizational documents for the purpose of ensuring free development of languages and cultures of all nationalities, creating conditions for revival, maintenance and development of languages, cultures and traditions of national minorities in Ukraine and across frontiers (the April 29, 1992 presidential decree No. 279 "On Establishment of Fund on Culture Development of Nationalities in Ukraine" and the June 16, 1992 Cabinet order No. 361-p). Considering the right of national minorities to education, it is necessary to emphasize that education is viewed as one of the most important factors of social stability encouraging the exercise of minority rights, since education determines the role of persons in society and position of the state in the world. States shall create conditions enabling national minority institutions concerned to participate fully in the development and implementation of policy and programs relating to national minorities. According to the December 10, 1948 Universal Declaration on Human Rights, everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. According to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, the States shall, where appropriate, take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory. The October 1996 Hague Recommendations on the Education Rights of National Minorities indicate that the States shall provide adequate opportunities for minority language education as well as for the appropriate training of teachers and should facilitate access to such training. Article 13 of the Framework Convention on the Protection of National Minorities reads, "Within the framework of their education systems, the States shall recognize that persons belonging to a national minority have the right to set up and manage their own private educational and training establishments." Article 8 of the European Charter for Regional or Minority Languages gives a more detailed definition of education of national minorities reading, "The States undertake, within the territory, in which such languages are used, according to the situation of each of these languages, and without prejudice to the teaching of the official language(s) of the State to make available pre-school, primary, secondary, technical and vocational as well as university and other higher education in the relevant regional or minority languages." In Ukraine, the right of national minorities to education is based on and regulated by the following documents: the Constitution of Ukraine guaranteeing citizens belonging to national minorities the right to receive education or to study their language in public and municipal educational establishments and through national cultural organizations (Article 53); the Declaration on Rights of Nationalities of Ukraine proclaiming equal access of national minorities to higher education to be a major concern of the Ukrainian state and guaranteeing minorities the right to freely use their languages in all spheres of public life, including education (Article 3); the May 23, 1991 law of Ukraine "On Education" guaranteeing the right of Ukrainian citizens to free education at all public educational establishments and institutions, irrespective of their ethnic, cultural, linguistic or religious identity; the February 10, 1998 law of Ukraine "On Technical and Vocational Education", the June 22, 2000 law of Ukraine "On Non-School Education", the July 11, 2001 law of Ukraine "On Primary Education" and the January 17, 2002 law of Ukraine "On Higher Education" establishing general legal, organizational and financial principles of functioning and development of educational establishments; and the March 1, 2004 order No. 162 of the Ministry of Education and Science of Ukraine "On Typical Curriculum of Primary Schools Offering Tuition in the Ukrainian and Minority Languages" approving typical curriculum of primary schools offering tuition in the Ukrainian and minority languages. As for the right of national minorities to establish their own associations, it is necessary to refer to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities providing for the right of persons belonging to minorities to establish and maintain their own associations. The Oslo Recommendations Regarding the Linguistic Rights of National Minorities read, "All persons, including persons belonging to national minorities, have the right to establish and manage their own non-governmental organizations, associations and institutions. These entities may use the language(s) of their choosing. The State may not discriminate against these entities on the basis of language nor shall it unduly restrict the right of these entities to seek sources of funding from the state budget, international sources or the private sector." In Ukraine, the laws "On Public Associations" and "On National Minorities" provide for the exercise of the above right. Citizens belonging to national minorities have the right to freely choose volume and form of the exercise of their rights individually or through respective national authorities and establish their own associations pursuant to the legislation in force. Participation or non-participation of Ukrainian citizens belonging to national minorities in a public association may not serve as a reason for restriction of their rights. Furthermore, on March 23, 2000, Ukraine and Belarus signed an Agreement on Cooperation on Securing Rights of Persons Belonging to National Minorities reading that the Parties shall recognize the right of persons belonging to national minorities to set up public associations, ethnic, cultural and educational establishments so that to maintain and develop their ethnic, cultural and linguistic identity pursuant to their legislation in force. Such organizations and institution shall be funded from donations and voluntary contributions. The right to free contacts in the country and across frontiers is established in the following international legal acts: - the October 21, 1994 Convention on Securing Rights of Persons Belonging to National Minorities signed by Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, the Russian Federation, Tajikistan, Turkmenistan and Ukraine providing for the commitment of the Parties to recognize the right of national minorities to free contacts with each other within their country of origin and across frontiers. Such contacts may not infringe on national legislation of the Parties; - The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities governing that persons belonging to minorities have the right to establish and maintain, without any discrimination, free and peaceful contacts with other members of their group and with persons belonging to other minorities, as well as contacts across frontiers with citizens of other States, to whom they are related by national or ethnic, religious or linguistic ties; - The Ukrainian-Belarus Agreement on Cooperation on Securing Rights of Persons Belonging to National Minorities establishing that each Party shall recognize the right of persons belonging to minorities to establish and maintain free contacts with their members within their country of origin, as well as contacts across frontiers and participate in activities of international non-governmental organizations; - The law of Ukraine "On National Minorities" reading that persons belonging to national minorities and their public associations have the right to establish and maintain contacts with other members of national minorities and their public associations across frontiers and participate in activities of international non-governmental organizations. The right to information is indicated in the following international documents: - The Universal Declaration on Human Rights provides for the right of everyone to freedom of opinion and expression: this right included freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers (Article 19); - The International Covenant on Civil and Political Rights establishes the right of everyone to freedom of opinion and expression: this right included freedom to seek, receive and impart information and ideas through any media and regardless of frontiers, orally, in writing, by publication or by other means in his or her choice (Article 19); - The Framework Convention on the Protection of National Minorities determines the commitment of the Parties to ensure, within the framework of their legal systems, that persons belonging to a national minority are not discriminated against in their access to the media (Article 9); - The Copenhagen Meeting of the Conference on the Human Dimension of the CSCE provides for the right of national minorities to receive and impart information in their language, have access to such information and share it; As far as the right to proportionate access to public and municipal services is concerned, Article 5 of the law of Ukraine "On National Minorities" reads that the Verkhovna Rada, local executive authorities or local councils, if necessary, have the right to form standing commissions on interethnic issues. Advisory bodies composed of members of national minorities can be founded at local councils on a voluntary basis. Respective councils shall determine a procedure for their formation. The Ministry of Interethnic Affairs of Ukraine shall be the central national executive authority in the sphere of interethnic relations. The Council of Representatives of Minority Public Organizations shall function at the Ministry as an advisory body. Article 9 of the above law governs that Ukrainian citizens belonging to national minorities have the right to be elected or appointed to any office in legislative, executive, judicial and self-government bodies, the Army, at enterprises, institutions and organizations on a parity basis. The Lund Recommendations on the Effective Participation of National Minorities in Public Life read, "States should adopt measures to promote participation of national minorities at the regional and local levels. The structures and decision-making processes of regional and local authorities should be made transparent and accessible in order to encourage the participation of minorities." "States should establish advisory or consultative bodies within appropriate institutional frameworks to serve as channels for dialogue between governmental authorities and national minorities. Such bodies might also include special purpose committees for addressing such issues as housing, land, education, language, and culture. The composition of such bodies should reflect their purpose and contribute to more effective communication and advancement of minority interests." Moreover, under the Ukrainian-Belarus Agreement on Cooperation on Securing Rights of Persons Belonging to National Minorities, every Party shall undertake to ensure the right of persons belonging to national minorities to participate in public life and decision-making on issues relating to protection of their legitimate interests (Article 5). The right to political representation is established in the International Covenant on Civil and Political Rights. Its Article 2 reads that every State Member undertakes to respect and ensure determined in this Covenant rights of persons living within its territory, irrespective of their race, color, sex, language, religion, political and other belief, social origin or belonging to a minority, property or birth. Every citizen shall have without discrimination the right to a) participate in cultural, social and economic life and in public affairs, in particular those affecting them, individually or by their representatives; b) vote and be elected at free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives; c) have access to public service of his or her country on a parity basis. The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities governs that persons belonging to national minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority, to which they belong, or the regions, in which they live, in a manner not incompatible with national legislation (Article 2). The Lund Recommendations on the Effective Participation of National Minorities in Public Life establish a provision, under which the States shall ensure that opportunities exist for minorities to have an effective voice at the level of the central government, including through special arrangements as necessary. These may include, depending upon the circumstances: special representation of national minorities, for example, through a reserved number of seats in one or both chambers of parliament or in parliamentary committees; formal or informal understandings for allocating to members of national minorities cabinet positions, seats on the supreme or constitutional court or lower courts, and positions on nominated advisory bodies or other high-level organs; special measures for minority participation in the civil service as well as the provision of public services in the language of the national minority. Furthermore, the States shall guarantee the right of persons belonging to national minorities to take part in the conduct of public affairs, including through the rights to vote and stand for office without discrimination. Where minorities are concentrated territorially, single-member districts may provide sufficient minority representation. The geographic boundaries of electoral districts should facilitate the equitable representation of national minorities. The right to self-government is fixed in the Lund Recommendations on the Effective Participation of National Minorities in Public Life. Section "Self-Governance" provides for mechanisms of non-territorial or territorial arrangements of self-governance or a combination thereof. It is essential to the success of such arrangements that governmental authorities and minorities recognize the need for central and uniform decisions in some areas of governance together with the advantages of diversity in others. Functions that are generally exercised by the central authorities include defense, foreign affairs, immigration and customs, macroeconomic policy and monetary affairs. Other functions may be managed by minorities or territorial administrations or shared with the central authorities. Institutions of self-governance, whether non-territorial or territorial, must be based on democratic principles to ensure that they genuinely reflect the views of the affected population. Non-territorial forms of governance are useful for the maintenance and development of the identity and culture of national minorities. Minorities can determine and enjoy their own symbols and other forms of cultural expression. All democracies have arrangements for governance at different territorial levels. Experience of Europe and elsewhere shows the value of shifting certain legislative and executive functions from the central to the regional level, beyond the mere decentralization of central government administration from the capital to regional or local offices. The States should favorably consider such territorial devolution of powers, including specific functions of self-government, particularly where it would improve the opportunities of minorities to exercise authority over matters affecting them. In Ukraine’s legislation, the above right is fixed in the following documents: - The Constitution of Ukraine reads that the territorial structure of Ukraine is based on the principles of unity and indivisibility of the state territory, the combination of centralization and decentralization in the exercise of state power and the balanced socio-economic development of regions that takes into account their historical, economic, ecological, geographical and demographic characteristics as well as ethnic and cultural traditions (Article 132). - The May 21, 1997 law of Ukraine "On Local Self-Governance in Ukraine" provides for delegation of powers of respective councils to district and regional local state administrations. Those powers include preparation and presentation of programs for ethno-cultural development of national minorities in areas, where they are concentrated territorially (Paragraph 1, Article 44). The right to freedom of thought, conscience and religion and to establish religious organizations is indicated in the Universal Declaration on Human Rights, the November 4, 1950 Convention on the Protection of Basic Human Rights and Freedoms ratified by Ukraine in July 17, 1997 and the International Covenant on Civil and Political Rights. Under the above documents, everyone has the right to freedom of thought, conscience and religion: this right includes freedom to change his or her religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his or her religion or belief in teaching, practice, worship and observance. The restrictions permitted by international human rights law can be invoked in life-threatening emergencies and in situations, which pose a threat to the rights and freedoms of others, or in situations, which threaten public morals, public health, national security and general welfare in a democratic society. The Declaration on the Elimination of All Forms of Racial Discrimination Based on Religion or Belief adopted by the 1981 General Assembly resolution No. 36/55 is completely dedicated to the above issue. The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities governs that Persons belonging to national or ethnic, religious and linguistic minorities have the right to enjoy their own culture, to profess and practice their religion and to use their own language, in private and in public, freely and without interference or any form of discrimination. The State shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity. The Convention on Protection of Rights of Persons Belonging to National Minorities determines that the Parties undertake to recognize that every person belonging to a national minority has the right to express, maintain and develop his or her ethnic or religious identity (Article 4). The Framework Convention on the Protection of National Minorities plays a special role among international human rights instruments recognizing rights and freedoms of national minorities. Under Article 8 of the Convention, the Parties undertake to recognize that every person belonging to a national minority has the right to manifest his or her religion or belief and to establish religious institutions, organizations and associations. The Oslo Recommendations Regarding the Linguistic Rights of National Minorities govern that in professing and practicing his or her own religion individually or in community with others, every person shall be entitled to use the language(s) of his or her choice. In Ukraine, the above right is regulated by the following legal acts: - The Constitution of Ukraine declares that the State promotes the consolidation and development of ethnic, cultural, linguistic and religious identity of all indigenous peoples and national minorities of Ukraine (Article 11). Everyone is guaranteed the right to freedom of thought, speech and free expression of his or her opinions and belief (Article 34). The April 23, 1991 law of Ukraine "On Freedom of Conscience and Religious Associations" guarantees every Ukrainian citizen the right to freedom of though and speech, free expression of his or her opinion or belief. This right includes freedom to change his/her religion or belief in his or her choice and freedom to manifest his/her religion or belief in teaching, practice, worship and observance, either alone or in community with others; - The Declaration on Rights of Nationalities of Ukraine guarantees all Ukrainian citizens, irrespective of their ethnic origin, the right to profess and practice their own religion, use their own symbols, celebrate their holidays and participate in their traditional ceremonies (Article 4); - The law of Ukraine "On National Minorities" reads that Ukrainian citizens must comply with the Ukrainian Constitution and legislation, respect religious identity of the Ukrainian people and all other national minorities. At the international level, the right of national minorities to maintain and develop their culture and traditions (customs); use their own symbols; renew historical toponomy; and protect historical monuments is fixed in the following documents: - The Convention on Securing Rights of Persons Belonging to National Minorities provides for the right to use his or her surname (patronymic) and first names in the minority language (Article 7); - The Framework Convention on the Protection of National Minorities reads that the Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage (Article 5). The Parties undertake to recognize that every person belonging to a national minority has the right to use his or her surname (patronymic) and first names in the minority language and the right to official recognition of them, according to modalities provided for in their legal system; display in his or her minority language signs, inscriptions and other information of a private nature visible to the public. The Oslo Recommendations Regarding the Linguistic Rights of National Minorities determine that persons belonging to national minorities have the right to use their personal names in their own language according to their own traditions and linguistic systems. These shall be given official recognition and be used by the public authorities. In areas inhabited by significant numbers of persons belonging to a national minority and when there is sufficient demand, public authorities shall make provision for the display, also in the minority language, of local names, street names and other topographical indications intended for the public. The Family Code of Ukraine establishes, "When considering a family dispute, a court, based of the application submitted by the party concerned, may draw upon a local custom, as well as a custom of national minority the parties or one of the parties belong to, insofar as such customs are not inconsistent with the provisions of the present Code, other laws and morals of the society" (Article 11). "The child may be passed on to not more than two first names unless a custom of the national minority, to which the mother and/or the father belongs provides otherwise" (Article 146). The National Program on Preservation and Use of Objects of Cultural Heritage for 2004-2010 approved by the April 20, 2004 law of Ukraine is targeted toward positive changes in the field of protection of cultural heritage. First and foremost, the above relates to understanding, by Ukraine’s society, of the need to preserve historical and cultural monuments as important factors of patriotic upbringing of citizens, development of their national consciousness and ethno-cultural identity of national minorities of Ukraine. Ukraine is a Party to the following international bilateral documents and agreements: the 2004-2006 Joint Actions Program between the Cabinet of Ministers of Ukraine and the Government of the Netherlands Kingdom; the Treaty on Good Neighborly Relations and Friendly Cooperation between Ukraine and the Republic of Slovakia; the Agreement on Interethnic Cooperation between the State Committee for Nationalities and Migration of Ukraine and the Department for Regional Problems and National Minorities at the Government of Lithuania; the Agreement on Cooperation between the Ministry of Education and Science of Ukraine and the Ministry of National Education of the Republic of Poland; the Agreement on Cooperation in Affairs Relating to the Withdrawn German Nationals between Ukraine and the Federative Republic of Germany; the Agreement on Good-Neighborly Relations and Cooperation between Ukraine and Romania. In general, the Ukrainian legislation in force sufficiently provides for maintenance and development of ethnic, religious and cultural identity of national minorities. Though, rapid development of interethnic processes and increasing activity of members of ethnic communities require improvement of the legislation in force and mechanisms for implementation of national ethnic policy. Repeated attempts to lay down new guidelines of policy towards national minorities have been made recently. The Verkhovna Rada has been presented with new redactions of the law of Ukraine "On National Minorities in Ukraine" (legislative initiatives by the Ukrainian government and MPs), which, however, did not suggest conceptually new principles. Contemporary society does understand that we live in the "new world" and that this life calls for new rules. Policy towards national minorities shall be conceptually revised, which means the need for development of a new concept. In this respect, its formulators shall pay close attention to general orientation towards collective rights of national minorities, which, by the may, runs counter to the Framework Convention on the Protection of National Minorities. Paragraph 13 of its Explanatory Note reads that the Framework Convention does not recognize collective rights of national minorities and emphasizes protection of persons belonging to national minorities, who exercise their right individually or in community with others. Also, it is necessary to understand the crying need to use varied methods towards national minorities, for the same policy may not always be efficient for all minorities (the Roma and Crimean Tatars). In the early XXth century, the plight of national minorities in danger of eventual extinction deteriorated. For the time being, mechanisms of the so-called positive discrimination are not perceived. Distancing from UN actions on formulating general approaches to the status of indigenous peoples continues. The level of knowledge of state officials about human and minority rights is enhancing slowly. In conclusion, it is necessary to accentuate that development and implementation of a new policy towards national minorities mean not only consistent actions and decisions of national authorities and self-governance bodies but also the cause of the whole Ukrainian society and societies of other countries striving for creation of the safe and diverse multicultural world. * The article was prepared within initiative “Conceptual principles of ethnonational policy of Ukraine: between theory and practice”, which is realized under program “Advisers on state policy for support of reforms in Ukraine” with assistance Canadian International Development Agency and under the aegis of Canadian International Education Bureau. Original text in Ukrainian – in this issue “Krimski Studii” |
