Dignity and justice for all

DEMOCRATIC GOVERNANCE

Dignity and Justice for All of Us Stories from National Human Rights Institutions in Europe and the Commonwealth of Independent States

Dignity and Justice for All of Us Stories from National Human Rights Institutions in Europe and the Commonwealth of Independent States

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This is an independent publication commissioned by UNDP. The content of the articles does not necessarily reflect the views of the UNDP, its Executive Board or UN Member States.

The designation of geographical entities in this publication do not imply the expression of any opinion of the UNDP concerning the legal status of any country, territory, or area, or of its authorities, or the delimitation of its frontiers or boundaries.

ISBN 978-92-9504-280-3 This publication is available from: UNDP Bratislava Regional Center http://europeandcis.undp.org/home/list/publications Copyright Š 2008 United Nations Development Programme All rights reserved

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Acknowledgements The UNDP Regional Center for Europe and the CIS based in Bratislava would like to thank all the persons who have contributed to the drafting of this report.

This report was coordinated by Louise Nylin, UNDP Policy Specialist on Human Rights and Justice and Rustam Pulatov, Policy Analyst on Human Rights and Justice.

The country chapters have been prepared based on articles written by journalists from the participating countries: Minas Hambardzumyan (Armenia), Ia Antadze (Georgia), Vladimir Boyko (Kazakhstan), Artūras Tereškinas (Lithuania), Igor Volnitchi (Moldova), Svetlana Alekseevna Mineeva (Russia), Miroslav Malakhivsky (Ukraine).

Comments on the report and additional support provided by UNDP colleagues: Natia Cherkezishvili, Lina Jankauskiene, Svetlana Bekmambetova, Alan Skurbaty, Liliana Proskuryakova, Angela Dumitrasco, Alla Bakunts, Peter Serenyi, Mirja Benkovic, Zanofer Ismalebbe, Patrick Van Weerelt, Zoran Stevanovic, Katarina Bobkova and Milka Bindasova.

The publication has been funded by the UNDP Global Human Rights Strengthening Programme.

English editing by Wayne Pan and Russian editing by Olga Doronina. Translation services

by Pavel Turchaninoff. Printing and design by Valeur polygrafia.

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Foreword This year we celebrate the 60th anniversary of the signing of the Universal Declaration of Human Rights. To commemorate this event, the United Nations Development Programme (UNDP), in cooperation with eight National Human Rights (Ombudsman) Institutions from the Commonwealth of Independent States (CIS), has prepared this publication called: Dignity and Justice for All of Us: Stories from National Human Rights Institutions1 in Europe and the CIS. UNDP has been supporting the work of National Human Rights Institutions in Europe and the CIS region both at the national and regional level for a number of years. It has been recognized that these institutions are instrumental in the promotion and protection of human rights at the national level. Support has also been provided to enable them to carry out their mandate effectively.

These institutions play an especially important role in safeguarding the human rights of vulnerable groups, by providing redress mechanisms for rights infringements. Since 2003, with funding from the governments of the Czech Republic, Sweden and Turkey, UNDP has organized annual meetings and provided a forum for exchanging experiences and information.

In the same spirit, we hope that this publication will shed light on the work and achievements of these institutions.

Jens Wandel Deputy Director, UNDP Regional Bureau for Europe and the CIS

1 The term Ombudsman is the Swedish word for an official appointed to receive and pursue cases of breaches of administrative duty.

The post was first established in Sweden in the 18th century. To an English speaker this term does not appear to be gender inclusive since it includes the word ‘man’. This has lead to widespread discussion among experts providing support and advice to Ombudsman institutions worldwide. These discussions have tried to identify a better English term that refers to the offices headed by both Ombudswomen and Ombudsmen. This has proven difficult and the debate has not been resolved.

The United Nations Development Programme (UNDP) is an international organization with the important mandate of promoting gender equality. UNDP makes a point of using gender inclusive terminology. Therefore, the UNDP Regional Centre for Europe and the Commonwealth of Independent States has decided to use the Swedish word Ombudsman to modify the term institution (i.e.

Ombudsman institution) to refer to national institutions headed by women and men, and to italicize the word to indicate that it is a foreign word. The head of the Ombudsman institution, the officeholder, will be referred to as the Ombudsperson throughout this publication. This is to reflect a gender inclusive understanding of the position.

National Human Rights Institutions is a general description of this type of institution, which is intended to safeguard the international human rights framework at the national level. In the context of Europe and the CIS, these institutions often have the titles of: Ombudsman, Ombudsperson, Public Defender, Human Rights Commissioner or Parliamentary Advocate/Commissioner.

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Introduction “Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world.”

So begins the Universal Declaration on Human Rights, the document that 60 years ago pledged the nations of the world to promote, respect, and observe the fact that all peoples from all nations have basic and fundamental human rights and freedoms. Adopted by the General Assembly of the United Nations on 10 December 1948, the Universal Declaration (UDHR) today remains as true and relevant as it did in 1948. Although maps, boundaries, politics, and nations have all changed, the need to protect the freedoms and rights of human has not.

The 30 articles of the UDHR outline the rights and freedoms that all people, regardless of distinctions of any kind, such as race, colour, sex, language, religion, political opinion, or any other status, are entitled to. These include the rights to life, dignity, security, equality, education, legal protection, religion, and expression. In 1966, two related documents, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights were adopted by the UN General Assembly. Together with the UDHR, these three documents comprise the so-called “International Bill of Human Rights” and form the core of international standards, norms, and understanding regarding human rights promotion and protection. In the ensuing years, the international community has adopted a series of conventions and protocols, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC), that have sought to expand on this core.

The progress made by the global community on codifying the rights and freedoms for all groups of people in the six decades since the Universal Declaration was adopted is both positive and heartening. Yet, protection of rights are not experienced equally throughout the world or by different peoples. The geopolitical tremors that shook the world in the early 1990s and gave rise to a contingent of new nations, including those in the Commonwealth of Independent States (CIS), have highlighted the need to continue support for nations at different points on the path to universal protection. The experiences of the CIS states have proven to be both an endorsement on the need for the Universal Declaration as well as proof positive of the potential and hope that it offers.

It is against this backdrop that the UNDP Bratislava Regional Centre (BRC) celebrates the 60th anniversary of the Universal Declaration by looking back at the development of Ombudsman

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institutions in eight CIS countries – Armenia, Azerbaijan, Georgia, Kazakhstan, Lithuania, Moldova, the Russian Federation, and Ukraine. Through the years, UNDP has supported Ombudsman institutions by helping them build their capacities and share their best practices and experiences with each other. In this book, UNDP BRC has collected the works of eight journalists who share their own observations on the accomplishments, good practices, and future direction of the Ombudsman Institutions in their respective countries. Through the course of these observations, many journalists also share both heartwarming and heartbreaking stories of justice served and justice denied.

The Paris Principles, adopted in 1993, highlighted the “significant role that institutions at the national level can play in promoting and protecting human rights and fundamental freedoms and in developing and enhancing public awareness of those rights and freedoms.” This seems especially true in countries that are navigating the confusing waters of nation-building and institution building. In many countries, the laws safeguarding fundamental rights and guaranteeing legal protection exist, but the systems of support necessary to realize these laws and protections do not. For citizens faced with these uncertain conditions and systems in transition, the Ombudsman Institution provides a valuable source of knowledge, protection, and often, a champion in situations where there would otherwise be none.

The case of Kazakhstan provides an example of an evolving Ombudsman Institution. With a long culture of respect for freedom, Kazakhstan was one of the first CIS countries to establish a government institution for human rights protection. It has only recently however, with the support of international organizations like the UN and Nursultan Nazarbayev, the President of Kazakhstan, created a full-fledged Ombudsman Institution. Today, “the office of the Ombudsman in Kazakhstan is an independent institution with social and political authority that does in practice contribute to improvements in human rights and freedoms in the republic.” While “it would be misleading to say that all the problems related to human rights and the legal interests of Kazakh citizens have been solved,” the complaints that the Ombudsman Institution receives does indeed shed light onto the human rights problems that people face every day.

The situation in the Russian Federation is similar. An interview with Mr. Vladimir Lukin, Ombudsperson of the Russian Federation, reveals that the morale and problems of ordinary citizens can be revealed not only by the complaints that his office receives, but also by those that they do not receive. “The absence or scarcity of complaints…indicates low social engagement of specific groups, serious administrative barriers between citizens and the society, and citizens’ fear of complaining openly about the violations of their rights…” Central to success in the Russian Federation is the creation of strong personal and official networks between government agencies and organizations. The article highlights how the

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Ombudsperson has created these networks and discusses the importance of linking regional commissions to the national institution.

A similar dynamic is presented in Moldova. Stefan Secareanu, chairman of the Commission for Human Rights and National Minorities and one of the Ombudsman Institution’s leading state partners, states, “A lot depends on the environment in which the Ombudsman functions.”

Fortunately, in Moldova, this environment has become more welcoming for the Ombudsman Institution in the past decade. Valued partnerships between the Institution and other government agencies have replaced relationships once plagued by distrust and suspicion. This change has been fueled in no small part by the education campaigns that the Institution has undertaken, bringing much needed awareness and credibility to the Ombudsman.

In Armenia, building knowledge about the Ombudsman Institution and raising awareness about human rights has been a key component to the national institution’s early work. Results have been positive, with polls showing trust and awareness in the Institution doubling from 2007-2008. This has no doubt been aided by the Institution’s attention to creating widereaching, cross-sectoral coalitions and partnerships between government, civil society, and citizens in human rights awareness campaigns. The Institution’s high profile work during the recent election-inspired political crisis in 2008 has also generated awareness and trust amongst citizens, as well as showing how Ombudsman Institutions can use their neutrality and independence in times of political crisis.

The importance of education to human rights protection and national institutions cannot be overemphasized. The Universal Declaration states, “…that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms….” For national institutions, this mandate translates into activities that are targeted at both the public as well as other government and non-governmental organizations. National institutions can enlist the help of international organizations like the UN, who can share global best practices, connect Ombudspersons with international experts, and facilitate greater cooperation within the country.

The article from Azerbaijan highlights how the Ombudsman Institution’s close working relationship with the UN Country Team in Azerbaijan and other UN agencies like the Office of the High Commissioner, has contributed to the Institution’s outreach activities. At the same time, this cooperation has enabled the Ombudsman to organize high-level training seminars to educate decision makers and influential people in many regions of the country. The national institution has also worked closely with university legal clinics staffed by students. Doing so helps to ingrain human rights issues into the next generation of lawyers while also supporting a vital source of legal services and rights protection for vulnerable groups of society.

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Addressing the most vulnerable groups in society is a key goal for Lithuania as well as Azerbaijan. In the article on Lithuania, the author explores the work that the Ombudsman Institution has done in addressing the rights of lesbian, gay, bi-sexual, and transgender (LGBT) persons in the country. It is clear that having laws in place does not guarantee that human rights are protected; the research conducted by the Ombudsman Institution in Lithuania shows that the LGBT population still suffers from discrimination and stereotyping. Yet inroads have been made by drawing together different stakeholders to protect the rights of this vulnerable group, for, as the author states, “creating a unified coalition of actors from different sectors of society is necessary in the fight for human rights and against discrimination.”

The final two articles show that, often, a strong personality is also necessary in the strive for human rights. In Georgia, the success, acceptance, and credibility of the Ombudsman Institution has depended in large part on the public standing of Sozar Subari. His background in human rights has lent him legitimacy in the public’s eyes as well as helped to drive the institution’s agenda. Under his watch, the Ombudsman has built bridges between communities and provided training to empower disenfranchised groups with an eye on creating a more a tolerant society where rights violations are prevented from happening. Mr. Subari has also made it a point to focus on children’s rights, holding events throughout the country that educate children on their rights and how to best protect them.

The influence of Ms. Nina Karpachova, the Ombudsperson in the Ukraine is even more pronounced. Her experience shows that the work of an Ombudsperson is not easy, may not be rewarding, but is definitely necessary. In her ten years as Ombudsperson in the Ukraine, she has seen her fair share of tragedies and successes, and through them all, she has continued to fully invest herself into the problems of her compatriots. As the author illustrates, the trust and appreciation for the Ombudsman Institution in the Ukraine can be traced to the sacrifices of Nina Karpachova.

What is clear from the eight articles presented in this book is that the national human rights institutions in these CIS states, despite differing levels of development, have all contributed significantly to the protection of human rights. These Ombudsman Institutions have managed to raise national awareness about human rights, protect and seek justice for those whose rights have been violated, educate the public, and build capacity in relevant organizations.

At the same time, the articles highlight the potential for even greater contributions that can be made by national human rights institutions. From building networks between regions, organizations, and nations, to ensuring complete independence, to imbuing Ombudsman Institutions with more expansive legal powers, like legislative initiative and full access to courts, national institutions will benefit from a broader set of tools. These tools will do much to help

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national institutions to fulfill their promise; to fulfill, as the Paris Principles state, “...the important and constructive role played by national institutions for the promotion and protection of human rights, in particular their advisory capacity to the competent authorities, their role in remedying human rights violations, in the dissemination of human rights information, and in education in human rights...�

These eight stories of challenges and accomplishments show how far the institution of the Ombudsman has come in the short time since the establishment of the CIS states, yet they also show that the journey is not over. It is the hope of the UNDP Bratislava Regional Centre that this book will not only celebrate the accomplishments of the Ombudsman Institutions within these eight CIS states, but will contribute to the continued improvement of national human rights institutions around the region, and through them, to the protection of human rights and freedoms around the world.

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UNDP support to the Human Rights Defender’s Office in Armenia UNDP aims to contribute to enhanced respect for human rights, rule of law and democracy in Armenia by strengthening the ability of the Human Rights Defenders Office to efficiently carry out its mandate. UNDP is also promoting education on human rights, especially at local level.

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Human Rights Defender’s Office Republic of Armenia “The general idea of a modern Ombudsman institution is to promote the rule of law, human rights and good governance. These principles determine the approach of an Ombudsman institution”.

Armen Harutyunyan, Human Rights Defender, Republic of Armenia

n 10 December 2008 the world will celebrate the 60th anniversary of the adoption of the Universal Declaration of Human Rights by the UN General Assembly. This seminal document, together with the Vienna Declaration and Programme of Action (VDPA), set the standards on human rights education, training, and public information. All three are crucial elements in preventing human rights abuses, as well as in the establishment of the rule of law.

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In line with these universally accepted principles, the UNDP Bratislava Regional Center is supporting the protection and promotion of human rights in Eastern Europe and the CIS through strengthening national human rights institutions. As part of this initiative and on the occasion of this important anniversary, the Human Rights Defender Office (HRDO) of the Republic of Armenia, along with its regional colleagues, is sharing its experience and future plans in the area of human rights education and promotion. The educational mandate of the Ombudsperson includes organization of public campaigns on human rights, development and production of educational materials, and contributions to the expansion of programmes and courses for universities and scientific institutions. Local self-government bodies, nongovernmental organizations, civil society representatives, and ordinary citizens are essential parts of these public campaign activities.

The appointment in 2004 of Ms. Larisa Alaverdyan as the first Human Rights Defender in Armenia brought with it greater focus and activity in human rights education and awareness building. According to the Human Rights Defender’s Office, complaints about and violations of human rights are a direct consequence of gaps in legislation and the lack

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of public knowledge - two major problems to be resolved. The need to raise awareness on human rights issues within the populace led to rounds and rounds of meetings with stakeholders including citizens, state officials, NGOs, the media, and international organizations.

The Annual Report of the Human Rights Defender, published in 2005, was the first comprehensive document summarising human rights protection and promotion efforts in Armenia. It also provided the first situational analysis of human rights protection in the country.

HRD’s Office compiled facts and figures on the applications and complaints received and presented them to the public along with relevant analysis. The newly established Expert Council at the Human Rights Defender’s Office provided necessary expertise and helped facilitate cooperation with legislative and executive authorities.

For the HRD Office, their efforts and outspokenness translated into greater public visibility and acceptance. Yet there were still many problems.

Some were typical of any newly established office, while the others were linked mostly to problems in perceptions. As an example, the first HRD Annual Report was viewed by the government as too critical and controversial.

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For the HRD Office, their efforts and outspokenness translated into greater public visibility and acceptance

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The amended Constitution stipulated that the HRD is elected by the majority of the Parliament.

In 2006 Mr. Armen Harutyunyan was elected as the Human Rights Defender by the National Assembly of Armenia.

MAJOR EVENTS WITH HRDO PARTICIPATION • Conference on ‘Tolerance and Struggle Against Discrimination and Xenophobia in the Context of Fight Against Terrorism’ held on 24-25th of May 2005 in Yerevan in partnership with UNESCO. More than 60 representatives of the Ombudsman institutions, as well as representatives from international, intergovernmental and non-governmental organizations from Armenia, Azerbaijan, Georgia, and Russia discussed legislative gaps and provided recommendations.

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• Conference on ‘The Aspects of Bioethics and Human Rights in the Educational System’ held in Yerevan in 2006. The event was supported by the National Center of Bioethics and the Moscow bureau of UNESCO. The fundamental gaps and issues in Armenian legislation on health and education were highlighted and discussed.

• On October 10, 2007, the HRDO, the Constitutional Court of Armenia, UNDP Armenia and the Moscow Bureau of UNESCO initiated an unprecedented international conference on the topic of ‘The Experience of the Constitutional Courts and The Ombudsman Institutions in Accomplishment of Human Rights Protection.’ Human Rights Defenders from thirty countries, several Constitutional Court representatives, and High Commissionaires from different international legislative institutions came together in Yerevan to share their experience.

• On November 27, 2007, a conference on “Cooperation Prospective between the Human Rights Defender’s Office, the Council of Europe High Commissioner for Human Rights and the European Court of Human Rights” took place in Yerevan. The participants discussed the issue of improving the effectiveness of cooperation between European organizations, national bodies, and the Human Rights Defender.

• On December 10, 2007, a seminar called ‘The Human Rights and the Armenian Realities’ was held. A wide range of questions revolving around the role of the Armenian Constitution and current laws on human rights were discussed.

On April 18 2006, the Armenian Ombudsperson presented his first case in the Constitutional Court. The court building was surrounded by hundreds of people. They were residents of the old part of downtown Yerevan who had been evicted from their homes in the past two years. Ombudsperson Harutyunyan’s appeal to the Constitutional Court challenged the constitutionality of the government’s decision to demolish hundreds of old houses and evict their residents. His appeal included a challenge of the articles of the Civil and Land Codes that served as legal grounds for the action. In the end, the Constitutional Court of Armenia ruled that the government’s actions did not comply with the Republic of Armenia’s. This decision set an important precedent for human rights cases and has contributed to the improvement in the protection of human rights countrywide.

Identifying and presenting outstanding human rights-related issues to the society is just one aspect of the HRD’s work. The HRD also manages and handles complaints, holds regular

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meetings with people, conducts public outreach activities, undertakes research and publishes materials on human rights, and provides consultations to citizens.

The HRD has found that the concerns of citizens are wide-ranging, but can be grouped into the umbrella of protection of their social and economic rights. These include matters related to pensions and compensation, family benefits, refugee issues, the rights of the disabled, the return of Soviet-era bank deposits, violations of rights in the military, the right to a fair trial, property rights, freedom of information, and other similar topics.

For example, during a visit by the Ombudsperson and his assistants to a unit of police forces in Yerevan the discussion was far-ranging and included topics beyond just those concerning the conditions of service or operations. The Ombudsperson presented the unit with an explanation of their rights and answered questions that the unit had. At the end of the visit, several individuals expressed their gratitude for information on their legal rights to have scheduled holidays. Another example is the visit of the HRDO staff to a republican military recruitment point. Here, several young people complained that they were forced to come to military recruitment points without prior notice. The HRDO staff members explained to them the legal

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procedures for military recruitment and the rights they had. In several military recruitment points special posters with human rights protection tips were left for the soldiers.

A poll of “The Armenian Interlocutor” newspaper dated August 3, 2007, on the question “Who will you address if your rights are violated?” displayed the following picture, based on the answers of more than 1000 respondents: 1. Nobody-27% 2. The Human Rights Defender-16.2% 3. The criminals -15.3% 4. The court-10.2% 5. The press-8.3% 6. The lawyers-5.9% 7. The television media-3.7% 8. The Police-3.4% 9. The Prosecutor -2.5% 10. The Member of Parliament-1.7% 11. The President of the Republic of Armenia -1.4% 12. The Constitutional Court-1.4% 13. The Government of the Republic of Armenia-1.1%

The same poll of “The Armenian Interlocutor” newspaper dated June 20, 2008 (almost one year later), on the question “Who will you address if your rights are violated?” showed the following change in attitudes. It is based on the answers of more than 1000 respondents: 1. The Human Rights Defender - 32% 2. Nobody - 24% 3. The criminals - 16% 4. The press - 15% 5. The law enforcement - 6% 6. The television media - 3.5% 7. The Members of Parliament - 3.5%

Within the educational mandate of the Human Rights Defender’s Office, staff spend long hours introducing younger generations to the basics of human rights. They present the Charter of the United Nations, different human rights instruments, the Millennium Declaration, the European Convention on Human Rights, and the European system of human rights, amongst other international standards. The HRDO promotes the idea of incorporating human rights as a Within the educational mandate special subject into the curricula of the of the Human Rights Defender’s Ofschools and non-specialised fice, staff spend long hours introdepartments at universities. In the fall of ducing younger generations to the 2008, a library containing numerous HR-related documents and literature basics of human rights will open its doors to the public in the

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HRDO. The office also plans to present its work in a newsletter covering human rights issues in Armenia. It will include cover all aspects of HRDO’s operation, including their work on civil, political, social, and economic rights, as well as issues in international law.

On 7th of July, 2005 HRDO launched the www.ombuds.am website. In a short time, the website became a powerful tool not only for facilitating work with the mass media, but also for nationwide monitoring of human rights issues. To make the activities of the Human Rights Defender of Armenia more transparent and to increase the effectiveness of handling complaints, the section ‘Case #...’ was created on the website. Decisions on various complaints, clarifications, and responses received from various bodies and organizations were placed in that section. The website was a winner in the field of “E-CONTENT” in the Second Pan-Armenian Competition in 2006. The sponsor, the Foundation of Information Technologies, cited the Ombudsperson website as the most frequently updated and resourceful Armenian internet portal.

During his frequent visits to different regions in Armenia, the Human Rights Defender met with local authorities, various NGOs, and media representatives. The HRD made more than 50 visits to different regions in just 2007. These were in addition to regular visits to elderly houses, orphanages and prisons. All these activities were summarized in the Human Rights Defender’s 2007 Annual Report, which also included valuable statistics on complaint management.

Complaints about violations of voter rights during the election process were widespread in 2006-2007. Through numerous press conferences and public meetings, the HRDO tried to raise awareness about democratic principles for conducting fair and transparent elections. A special hot-line for election related issues was installed at the Office to address urgent complaints. Voters appreciated the responsiveness and effectiveness of the HRD Office staff in helping to restore their rights to participate in recent parliamentary and presidential elections in Armenia.

The last presidential elections in Armenia resulted in a rejection of their results by forces supporting the opposition candidate. This in turn, led to demonstrations and, eventually, to public disorder on 1-2 March 2008. Realizing the necessity of reducing polarization within the

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society, the Human Rights Defender prepared an ad-hoc public report on the presidential elections and post-electoral developments. Article 17(2) of the RoA Law on the Human Rights Defender authorizes the Defender to issue ad hoc public reports on matters of The report of the independent heightened public interest, as well as on violations of human rights and the failure Ombudsman institution was a catato eliminate mass violations of rights. lyst for highly anticipated parliaAlthough the Office of Prosecutor-General mentary hearings that saw the parand the Ministry of Justice raised several ticipation of all relevant stakeholdobjections to the special public report ers, including civil society and through various mass media outlets, the report of the independent Ombudsman media institution was a catalyst for highly anticipated parliamentary hearings that saw the participation of all relevant stakeholders, including civil society and media. These hearings were assessed positively by both the authorities and the opposition as a forum in which to have open and constructive discussions on issues of high importance for Armenian society. In his closing remarks the Human Rights Defender sought the cooperation of all sides to resolve the situation.

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Human Rights Defender’s Office continuously collaborates with key stakeholders: state authorities, civil society organizations and international partners - the UNDP Armenia, Raoul Wallenberg Institute on Human Rights and Humanitarian Law, OSCE, UNICEF, UNESCO, Council of Europe, CoE High Commissioner of Human Rights, the European Court of Human Rights, European Commission.

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UN support to the Human Rights Commissioner in Azerbaijan The UN is cooperating with Azerbaijan’s Commissioner for Human Rights. The Commissioner’s office has prepared a plan of events to be held throughout the year to celebrate the 60th anniversary of the Universal Declaration of Human Rights. The plan emphasizes training, awareness-raising, and educational activities.

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Trainings and educational seminars on human rights held by the Commissioner for Human Rights (Ombudsperson) of the Republic of Azerbaijan 008 marks the 60th anniversary of the Universal Declaration of Human Rights (UDHR). On this occasion the UN Secretary General Mr. Ban Ki-moon addressed all nations, announcing the celebration of the anniversary year with the motto “Dignity and justice for all”. On 10 December 2007, at an event held at the Ombudsman institution on International Human Rights Day, it was announced that 2008 would be a year of human rights in Azerbaijan.

The Commissioner’s Office, working with the approval of the UN Resident Coordinator for Azerbaijan, Mr. Bruno Pouëzat, prepared a plan of events to be held in Azerbaijan throughout the year to celebrate the 60th anniversary of the UDHR. The plan emphasized the training,

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awareness-raising, and educational activities of the Office. The plan also called for a “Month of Human Rights” that culminated on 18 June 2008 - the first ever National Human Rights Day in Azerbaijan. The Day itself was a result of a presidential decree – a decree which referenced the date of adoption of the first “State Programme on provision of human rights” on 18 June 1998.

From this perspective, the events held in the framework of the National Action Plan (NAP) on the Protection of Human Rights and this document itself play a crucial role. It should be noted that, in addition, the Ombudsman institution continues to educate and build awareness among different groups of people, including youth and children, the elderly, detainees and prison inmates, and military servicemen. The Commissioner’s Office, in collaboration with the Office of the UN High Commissioner for Human Rights and legal clinics established at different universities of the country, has also initiated a number of educational events on human rights.

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Educating the Public about the National Action Plan on Protection of Human Rights in the Republic of Azerbaijan.

By Presidential Decree on 28 December 2006, the National Action Plan (NAP) on Protection of Human Rights in the Republic of Azerbaijan was adopted. The NAP included the majority of the proposals made by the Commissioner, and is a powerful instrument for human rights education. Indeed, Section V of the NAP is dedicated to this type of education, and outlines new approaches to raising awareness, advancing research, and furthering cooperation in the field of human rights education.

The National Action Plan calls for the implementation of a variety of educational tools and activities. These include: • creating training materials that comply with the principles in the UN Decade for Human Rights Education and the UNESCO Decade for Education for Sustainable Development; • modernising education programmes in schools and universities in order to promote human rights education; • holding of Olympiads, competitions, exhibitions, and festivals on human rights for children and students; • preparing and publishing manuals and textbooks that cover various human rights issues; • training of trainers and teachers on civil, political, economic, social, and cultural rights for all groups of people, including women, children, youth, persons with disabilities, elderly, refugees and internally displaced persons (IDPs), prisoners, military servicemen, and people suffering from HIV/AIDS and drug abuse; • furthering the promotion of the UNESCO motto of “Education for all”; • conducting awareness raising actions in cities and regions of the country; • developing a sense and culture of law; • eliminating discrimination by promoting a culture of peace and tolerance; • publishing books, leaflets, and posters to raise awareness among the population; • encouraging study of standard- and norm-setting documents, treaties, case-law, international experiences, and best practices by actors dealing with human rights; • and opening human rights libraries.

To ensure the efficient implementation of the National Action Plan, a Working Group led by the Commissioner, was established by special decree. The Working Group and the Commissioner will take the lead in independently monitoring, evaluating, and coordinating the joint efforts by state bodies and the civil society to implement the NAP. The Working Group and its five sub-groups (corresponding to the five areas of focus established by the NAP) have already conducted public hearings in nine regions –covering all

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the rural districts in the country. These hearings were held to raise public awareness about the NAP and to discuss its objectives and purposes, main activities, and approaches to facilitate collaboration between stakeholders for implementation of the Plan. The regional public hearings witnessed active participation by members of the Working Group, members of parliament elected in the respective regions, representatives of local executive bodies, representatives from courts and law-enforcement agencies in the region, representatives of the municipalities and local minority communities, and people from NGOs and the mass media.

These participants developed several suggestions and proposals for more efficient implementation of the NAP, and also stressed the importance of building greater awareness of human rights issues. The public hearings proved to be very fruitful, and participants requested that such seminars be held regularly. The plan of events for the “year of human rights” reflects this desire, and broad-based educational activities in the field of human rights will continue to be held in all cities and regions of Azerbaijan in 2008.

Educational work with different groups of the population The Commissioner attaches great importance to the promotion and protection of human rights and liberties for people from different segments of society. Building awareness of human rights issues in the population has a great impact on how well their human rights and liberties are protected. This is especially true for those from vulnerable populations. Thus, along with general awareness raising campaigns, the Commissioner, guided by the UNESCO motto of “Education for all”, decided to strengthen human rights education efforts targeted at different groups of population within the framework of Building awareness of the plan of events for 2008.

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human rights issues in the population has a great impact on how well their human rights and liberties are protected. This is especially true for those from vulnerable populations

One group that has received greater attention during this period is prisoners and detainees. The UN High Commissioner for Human Rights Ms. Louise Arbour has suggested a modified motto for the anniversary year of the UDHR, “Dignity and justice for all persons deprived of liberty,” proposing that states, NGOs, and national human rights institutions focus on the rights of this group in 2008. Like the UN High Commissioner, the Commissioner for Human Rights of the Republic of Azerbaijan has also stressed the importance of working towards this goal.

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The Commissioner and staff members of the Office regularly visit penitentiaries, temporary detention places, and investigatory detention centres where they inspect the conditions in dormitories, medical units, cafeterias, libraries, and clubs. The staff also personally meets with inmates to acquaint themselves with the state of protection of inmates’ human rights, as well as with inmates’ problems. During these visits the Commissioner and staff members conduct educational work with inmates, clarifying their rights and liberties to them and providing them with information on the powers of the Commissioner for Human Rights, the assistance she can provide for people who have had their rights violated, and information about other mechanisms of human rights protection that exist.

Children represent a second group of the population to which special attention is paid. In 2008, within the framework of the “year of human rights,” on International Children’s Day (1 June,) the Commissioner and her staff members visited a juvenile penitentiary. Here they met with the children, giving them presents for the holiday and sharing with them knowledge on the provisions of the Convention of the Rights of the Child as well as other issues related to the protection and promotion of children’s rights in the country. Representatives of state bodies, NGOs, other civil society organisations, and the mass media also participated in the event.

The military is a third group that the Commissioner’s Office has targeted. Various educational events, talks, and discussions, have been held during visits of the Commissioner and her staff members to military institutions like the J.Nakhchivanski Military Lyceum, the Azerbaijan Higher Military School, the Azerbaijan Higher Navy School, and the Central Military Clinic Hospital of the Ministry of Defence. The Commissioner and her staff also meet with units located in the country regions and guardhouse outposts of military police organs to share information about human rights and protections.

A final noteworthy group is the elderly. The Commissioner attaches special importance to building human rights awareness in this group. Thus, the Commissioner and her staff

Public hearings (seminars) on the National Action Plan

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members regularly gives talks and makes presentations at the Resource Centre for the Elderly (established at the Commissioner’s Office.) The Centre also provides free psychological and legal advice, medical consultations, and helps organise both educational and leisurely activities for the elderly.

The above-mentioned are just brief examples of the work that the Commissioner has been undertaking to promote human rights among different groups of the population. The plan for Azerbaijan’s “year of human rights” in 2008 includes an intensification of these efforts, utilizing the celebration of the 60th anniversary of the UDHR to further promote human rights protection for vulnerable groups.

Regional trainings conducted by the Commissioner in collaboration with the Office of the UN High Commissioner for Human Rights On the Commissioner’s initiative a series of regional trainings were conducted in collaboration with the Office of the UN High Commissioner for Human Rights (OHCHR) in Azerbaijan.

Representatives from the Ombudsman institution, the Commissioner’s regional centres, and OHCHR, joined with representatives from central and municipal governments, NGOs, and the mass media to participate in these seminars and training sessions. Various experts were invited to participate, including the Regional Representative of the OHCHR for South Caucasus, Mr. Vladlen Stefanov, country representatives of the OHCHR in Azerbaijan and Georgia, independent experts in public international law, and professors from the departments of international law and international relations of the Baku State University. Other notable experts that attended include Mr. Rustam Mammadov and Mr. Amir Aliyev, both holders of PhDs in law, and Mr. Zaur Aliyev, Chief of Scientific-Analytical Sector of the Ombudsman institution.

Training with the OHCHR Regional Representative for South Caucasus Vladlen Stefanov, organised by the Ombudsman institution in collaboration with the OHCHR in one of the regions of the country

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These seminars were aimed at raising awareness on the collaboration of National Human Rights Institutions (NHRIs) with UN specialised agencies. They provided the staff of the regional offices of the Ombudsman institution with deeper knowledge and a better understanding of international and national standard setting documents, and discussed the possibilities of broadening the Ombudsperson’s capacities in implementing recommendations from the international human rights system. The participants of the seminar also paid special attention to the activities of the Ombudsman institution in implementing the NAP on Protection of Human Rights in the Republic of Azerbaijan.

At the seminars, experts delivered lectures on the role of NHRIs in human rights protection, UN thematic mechanisms, ratification of basic UN documents by Azerbaijan, preparation of state party reports to the UN treaty bodies, and the Human Rights Council and Azerbaijan. Reports were made by Ms. Asma Jahangir, UN Special Rapporteur on Freedom of Religion, Mr. Ambeyi Ligabo, Special Rapporteur on Freedom of Expression, and Mr. Walter Kälin, the Representative of the UN Secretary General on the Human Rights of Internally Displaced Persons on their respective Special Procedures and their visits to Azerbaijan. Lecturers also offered their recommendations, their interpretations of international standard-setting documents in the field of human rights (like the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.)

The Ombudsman institution and the OHCHR will sponsor more seminars such as these in 2008, continuing the campaign for human rights promotion in Azerbaijan.

Support for university legal clinics The Commissioner continues to systematically exchange ideas and experiences with the representatives of legal clinics at different universities across the country. These clinics play a large role in providing law students with practical experience and knowledge of professional ethics. They are also vital providers of free legal advice to vulnerable groups, including pensioners, indigent families, and persons with disabilities. Their value is reflected in the National Action Plan on the Protection of Human Rights, which stresses the importance of establishing, supporting, and providing assistance to these clinics. As part of the Commissioner’s work, a support network for legal clinics has been established at the Ombudsman institution.

In the framework of this project, training courses were organised by Legal Clinic on the Rights of the Child which is supported by the Ombudsman institution. These courses were attended by law students from Baku State University, Azerbaijan University, Khazar

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Alumni of the courses for legal clinics. In the centre: Ombudsperson and Ambassador of the United Kingdom of Great Britain and Northern Ireland

University, and Western University. NGO representatives and experienced staff members from the Ombudsman institution (specializing in the fields of human rights education, scientific-analytical work, international relations, and human rights protection) participated as experts, presenting best practices in human rights These clinics play a large role in promotion and protection from around the globe. The providing law students with practical presentations were followed by experience and knowledge of profesdiscussions of specific human sional ethics. They are also vital rights topics.

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providers of free legal advice to vulnerable groups, including pensioners, indigent families, and persons with disabilities

Students were very active during these courses, and emphasized how important they felt courses like these were in preparing them for their future careers. They appreciated the knowledge and skills shared with them and suggested that the Ombudsman institution organize follow-up sessions. Trainers evaluated the students’ performance at the end of the course and presented them with certificates of completion.

The usefulness of these training courses for young lawyers, their success and popularity with students, and the support of the Commissioner are the major contributing factors to the Ombudsperson’s plan to continue holding events like these throughout 2008.

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The Commissioner stresses the following GOALS for training sessions aimed at legal students in legal clinics: a) Providing law students with skills related to legal practice (e.g. interviewing, advocacy, negotiation, presenting before the court); b) Teaching students methods of analysis, problem solving, decision making, presenting facts of the case, and other tools and techniques not covered by the traditional curricula of the law departments; c) Helping students form an of understanding of the essence of the work of lawyers and advocates; d) Fostering the ability of law students to work efficiently in a team (e.g. network, alliance or coalition).

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UNDP support to the Public Defender’s Office in Georgia UNDP has helped the Public Defender’s Office (PDO) to promote and protect human rights through monitoring activities and targeted research. The project will also strengthen the capacity of the tolerance center, medical center and legislative expertise center set up within the PDO, and expand its geographical outreach in the regions. It will do this by printing information booklets that shed light on how human rights are protected in the country.

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The Public Defender’s Civic Initiatives Stories from the courtyard he Public Defender’s Office (PDO) is located in the center of Tbilisi, in one of the old districts of Georgia’s capital city. From the street, the building overlooks a small, but a well-tended courtyard, with a monument to Galaktion Tabidze, a leading figure of Georgian literature. It is here, from this courtyard, that the PDO’s public responsibility starts.

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There were days when one would not see the monument at all, as one of the petitioners – a woman named Dodo – would come in the morning and cover the monument on all sides with placards and posters. Some screamed “Right a wrong!”, “Give me my house back!”, “Down with obedient courts dominated by prosecutors!” while others made similar demands. Surrounded by these placards, the monument would then serve as Dodo’s waiting room, with her sitting at the base of the monument awaiting justice. The staff of the Public Defender’s Office all tried to help Dodo as much as possible, and her determination was such that even visitors to PDO who did know her personally tried to lend a hand. However, Dodo was always unsatisfied. It is not easy being a public defender.

Dodo has not been the only person to use the courtyard as their stage. There have been situations where representatives of different political parties have staged protests in PDO’s courtyard. In April 2008, a Georgian defence lawyer, Malkhaz Jangirashvili, conducted a 28-day long hunger strike They know that people at the that started in front of the Parliament PDO will try to help them with building and ended in the courtyard.

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their problem, and if that is not possible, they will at least treat them with dignity and respect

Yet, despite all the protests that have taken place at the PDO offices, there has never been any protest targeted at Sozar Subari, the Public Defender, or any of his staff.

Likewise, no protest actions have ever escalated into a conflict. Quite the opposite actually – the citizens to whom the Georgian state has denied justice know they can count on the Public Defender’s Office. They know that people at the PDO will try to help them with their problem, and if that is not possible, they will at least treat them with dignity and respect.

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The Public Defender’s Office, Past and Present Sozar Subari is the third Public Defender of Georgia. None of his predecessors fully served their term in office. David Saralidze, who was the first to hold the office of the Public Defender, resigned from the post to become MP. The second was Nana Devdariani who had to leave the post after her appointment as Head of the Central Election Commission.

Sozar Subari is the first ombudsperson with an extensive background in human rights work to be elected by Parliament as Georgia’s Public Defender. This no doubt contributed to strong support from both the parliamentary majority as well as from opposition parties during election voting in the Parliament.

The public also appreciates Sozar Subari’s work in protecting human rights. Today, his reputation in the public sphere has grown even greater, particularly after the events of 7 November 2007 during the break-up of a protest demonstration in Tbilisi. An amateur-filmed video clearly shows Sozar Subari being brutally battered by police with batons while shielding protesters with his own body.

Sozar Subari has also been active through more official channels. After Michail Saakashvili won the presidential elections in 5 January 2008, the Public Defender wrote an open letter to the new President that systemically described the alarming human rights situation in Georgia. The letter was a straightforward one that painted a bleak picture of human rights violations in the

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country, prompting Michail Saakashvili to personally visit the PDO. The President stressed the importance of further enhancing the Public Defender’s role in comprehensively monitoring the human rights situation.

Support has been less forthcoming from the Parliament of Georgia. After submitting an extensive report on the human rights situation in Georgia in 2007, the PDO was denied access to Parliament, despite Parliament’s obligation under law to receive the PDO. Parliament defended its refusal by alleging that the extensive report required more than the short time Parliament had left before its term expired.

In response, the Public Defender released the report to members of the diplomatic corps accredited in Georgia, and representatives of local and international NGOs. Yet television stations only covered this presentation in their daytime news programmes, ignoring Sozar Subari’s report in prime-time news programmes.

It was in the face of this institutionalized resistance to human rights issues that the PDO decided to include civic education as one of the main priorities in its Strategy Paper. Yet, as the Tolerance Center shows, civic education already is an important part of the PDO’s work.

The Tolerance Center In 2006, the Public Defender’s Office launched the Tolerance Center. It was set up with the support of the United Nations Development Programme (UNDP) within the framework of the PDO Capacity Building Project.

Since its inception 3 years ago, the Center has been putting out “Solidarity”, a monthly magazine that aims to educate and enlighten the public on matters concerning religious, ethnic, and sexual minorities, as well as persons with special needs and other vulnerable groups. It is the only publication of its kind in Georgia. Recently, the magazine has given special attention to discussions on democracy, the role of democratic institutions, and

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the problems democratic institutions face. “Solidarity” is made available to institutions where both the risk of intolerance and the potential for addressing intolerance is high – in particular, schools, universities, and media groups.

••• In 2006 and 2007, the Tolerance Center organised two children’s art contest-cum-exhibitions with the themes of tolerance and diversity. Children from Armenian, Azerbaijani, Russian, and Georgian schools took part in the contest. Members from the PDO visited schools and orphanages in Tbilisi to discuss issues of tolerance and diversity with children. The children then translated what they thought into graphic images and art for display. Following the exhibitions, the Center published two large-print calendars with the best pictures. Today, one can see them in many institutions in Tbilisi and elsewhere in the country.

••• For two years already, the Center has invited young leaders from ethnic minority communities in different regions of Georgia to attend a three-day seminar. The focus of the seminars is have been on human rights, the culture of tolerance, and effective communication. Over this period, many participants have come to understand other cultures better and created friendships with people they might not otherwise have interacted with.

••• The Center has also, for the past two years, held a competition for print media journalists that focuses on issues of tolerance and diversity. Fortunately, for Georgian journalists, including those working in areas outside Tbilisi, this is not a novel theme.

••• One of the Center’s most unique activities took place in November 2006. The Center sponsored a football tournament that included teams from various religious communities. For the first time ever, the Georgian Orthodox Church was involved: three teams from the Theological Academy and Seminary took part in the event. According to the Center, the tournament was one of the most successful and meaningful steps towards genuine integration.

Councils On the initiative of the Tolerance Center, two councils were established jointly with the Public Defender’s Office: the Religions’ Council and the Ethnic Minorities’ Council. Both represent unique forums in Georgia. The Religions’ Council encompasses almost all religious denominations, except for the Orthodox Church, bringing together 24 religious groups. The Ethnic Minorities’ Council counts around 80 organisations as its members.

In 2007, the Ethnic Minorities’ Council developed a package of recommendations for various state institutions and the Public Broadcaster. Commendably, the institutions concerned have followed the recommendations and continue to try to improve by coming together with the Council’s representatives for weekly round table meetings.

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The motivation for establishing the Religions’ Council was to address the fact that religious groups felt isolated from society. They were discriminated against in various ways, and the media was closed off to them. Sozar Subari has been active in protecting the interests of religious minorities over the span of his journalism career (that started in 1994,) and his concern also contributed to the establishment of the Council. Today, after two years of the Council’s efforts, the situation has improved. Members of the Council are now working together, issuing joint statements and jointly participating in charity actions. Recently, the Council also started developing a joint social doctrine.

••• One of the immediate objectives for the Tolerance Center is to publish encyclopaedias on all ethnic and religious minorities present in Georgia, with detailed descriptions of their ethnic and religious history, traditions, and rites. These encyclopaedias will be an important part of the PDO’s contribution to the culture of education in Georgia.

••• All of the above activities have been made possible due to two mutually reinforcing factors: the priorities set by the Public Defender, and the support offered by UNDP. The Tolerance Center is the backbone of PDO’s educational activities, but most certainly not it’s only one.

Summer camp in Bakuriani On a sunny morning in July 2007, three minibuses started almost simultaneously from different regions of the country and headed towards Bakuriani – a mountainous resort in Georgia. The minibuses were carrying 30 teenagers to a summer camp. Of these, two were so-called “street children”, seven were going to Bakuriani from orphanages, and the rest were public schools students originating from five different regions in Georgia. The teenagers, the majority of whom had never met before, spent 12 days together with the Public Defender and his family in Bakuriani.

The project was implemented jointly by the PDO’s Center for the Rights of the Child, the Civic Education Institute – a non-governmental organisation, and the UN Children’s Fund (UNICEF.) The project was carried out with the support of the Council of Europe Office in Georgia.

For the children, the summer camp was not only fun but was also highly educational. This was due in no small

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part to the fact that the camp made education fun. Children took part in role-playing exercises and games, and also participated in discussions and debates on topics such as family, traditions, violence (including violence in school), the generation gap, the importance of education, and personal privacy. The children also had the opportunity to meet with well-known people spending their holidays in Bakuriani. UNICEF organized a four day training workshop on violence and the rights of the child. The camp also organised an evening of the Georgian poetry, and all attendees – both children and adults – could see that people in provinces and remote villages However, being in the know and appreciate poetry much better than people living in the capital city with their fastcamp together with the Pubpaced lifestyle. lic Defender put all of them

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on an equal footing

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The main difficulty of running the summer camp was also what gave it the most value. For twelve days, the camp became home for children raised in families, children raised in orphanages and children who spent most of their lives on the streets. These children differed from each other not only in their lifestyles, but also in their knowledge and skills. However, being in the camp together with the Public Defender put all of them on an equal footing.

Nine months have passed since the camp ended, but its participants keep in touch with each other and with the project team. They mostly communicate by phone. However, when children from Svaneti came to Tbilisi for the winter holidays, they visited the PDO as well as the Social Adaptation Center to see their friends, including the former street children who now live there.

They were joined by other members of the camp team, those living in one of Tbilisi’s orphanages. In all, nine members of the summer camp met each other during the winter.

In order to understand better what the children felt and what their impressions were, one can look at their answers to the question “What is it that you liked and disliked about the Bakuriani summer camp?” Interestingly, by the end of their camp stay all the teenagers felt completely at ease with Sozar Subari and his family, to the extent that none of them mentioned their being in the camp together with the Public Defender as something out of ordinary.

• I liked discussing intellectual themes; plus, I made many friends and I am going back home a happy person; now I know more about the rights of the child and human rights than before I came here.

• It was a very good camp. I do hope such projects will continue. I love all of the children whom I have met here. We learnt here about the Convention on the Rights of the Child, and we spoke a lot about human rights. I can say that I am now more intelligent.

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• What I liked most about the camp were our teachers. They have taught us so many good things, and had very interesting discussions with us. The camp has given me new friends, including my seniors. And certainly, the knowledge of what rights I have.

• I liked many things about the camp. I have learned a million new things; I know now about my rights, I know how things are arranged in the state. I cannot say I disliked anything. What I liked most of all is the debates. I learned about journalism, and I was able to read out my own poems, which was a delightful thing to do. I met new acquaintances, and I know better how to communicate. I have found many positive traits in my own character, though many bad traits, too, and now I am trying to get rid of the bad ones. I think I will manage that.

• I thought there would be more entertainment and more freedom here, and Bakuriani would be more fun. But these were only expectations. I am not saying I did not like the camp, simply we had more of learning than I expected.

What do professionals say?

We asked two participants of the project to give their evaluation of the main idea behind the summer camp in Bakuriani: Ketevan Tavartkiladze, psychologist (project expert from UNICEF) and Ketevan Kobaladze, psychologist (General Director of the Social Adaptation Center for Children).

Ketevan Tavartkiladze: “Communicating with adults is extremely important for any child, but is far more important for children who lack parental care and attention and who are living difficult lives.

So, when they can communicate in person with well-known and successful people whom they only saw on TV and heard about them from others, it is extremely beneficial for them.

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One can state with confidence that for these children Sozar Subari has become a person whom they see as sharing in their concerns, interests, hopes and dreams for future, who will stand by them and who they can pin their hopes on

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Most of the children staying in the camp had already faced stressful situations in their lives: friends committing suicide, deaths of a family member, parents’ divorce, poverty, indifference from their parents, to mention only a few.

In Bakuriani, they were staying in the camp together with Sozar Subari, his wife, and their two young children. He was neither moralising nor patronising with them. He would simply have meals together with them; they would

laugh, listen to music, and have fun – all together. Children would communicate with his family. He would join children at their concerts and games; he would share in their enthusiasm and their emotions. He would answer their questions, he would listen to what they thought and felt, he would praise them on their accomplishments, and he would say thank you to them. He was a role model, and showed them what is good and right through his own behaviour. What was extremely important was that the Public Defender was doing this in a very sincere, open-minded, and friendly way. This is probably why many children had tears in their eyes when they were saying goodbye to Sozar. Everyone was trying to get closer to him, they were holding out their notebooks and asking him to jot down something for them. And Sozar Subari, smiling, was giving them his good wishes for their future. One can state with confidence that for these children Sozar Subari has become a person whom they see as sharing in their concerns, interests, hopes and dreams for future, who will stand by them and who they can pin their hopes on.”

Ketevan Kobaladze: “For children attending the Social Adaptation Center, the opportunity to communicate with a well-known person is of particular importance. For them, this is a very effective way to assert themselves. It is now a well-established practice for well-known people to visit our Center and bring presents, but often they come and they leave without communicating with children. Sozar is very different from them. Last year on June 1 – International Children’s Day – there was football match between PDO and the Social Adaptation Center. Starting from that day Sozar and our children have become good friends, and when they met in Bakurianui, the former “street boys” behaved with tact and dignity despite of their having the “advantage” over others in that they had already made friends with Sozar Subari. It is one thing to visit someone, but living under the same roof is entirely different. Another important thing for the children was that they could see for themselves the relationship Sozar had with his family, and in particular, his children. This helped to create a very warm and cordial atmosphere in the camp. Children came to the camp from many different regions of Georgia, and they did not know us. So, Sozar was the main person linking everyone together – he is well known to everyone and respected by everyone. Now, there is not a single day at the Center without the children mentioning the camp in Bakuriani.”

Investing in the Next Generation In autumn 2007, the PDO’s Center for the Rights of the Child announced a competition for children’s paintings with the theme “childhood without violence.” Information about the competition was made available to all schools in Georgia, and members of the Center for the Rights of the Child even visited the colony for juvenile delinquents. Three hundred works from all across Georgia were submitted to the competition. The jury included well-known artists and prize certificates were handed out by the Public Defender himself to 60 participants. Of the five winning pictures, one turned out to be painted by an inmate of the juveniles’ colony. The winning pictures were used in a poster that was distributed to all the public schools in Georgia.

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Today, the Public Defender’s Office maintains its friendship with children by It is now a well-established practice continuing to undertake activities aimed for well-known people to visit our Cenat educating, informing, and befriending ter and bring presents, but often they children. One event saw higher grade come and they leave without commupupils from schools in Tbilisi invited to nicating with children. Sozar is very the PDO for a two-day training session on the rights of the child and violence different from them among minors. Another event took place at a school in Kurta (one of the villages located in the conflict zone of Tskhinvali) where members of the Center, together with the Public Defender, discussed human rights issues with the children at the school for two days.

Recently, the PDO opened its doors to excursions for schoolchildren and presently, the Public Defender’s Office is hosting visitors from schools in Tbilisi. These visits will enable young people to deepen and expand their civic education.

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In Georgia, where the school reform has just started, where textbooks in civic education are only being written now, and where qualified teachers of this discipline are virtually non-existent yet, each and every step taken towards the civic education of youth is bringing us closer to the worthy future our nation deserves.

Monitoring in Psychiatric Care Institutions In mid July 2007, a poster was displayed in the PDO courtyard advertising an art exhibition of persons with mental health problems that would open at the Public Defender’s Office on 18 July. A picture in the poster showed Adam and Eve in the Garden of Eden. The exhibition shocked the cultural establishment of Tbilisi.

However, an initiative of much greater significance had already materialised before then; in 2006, an initiative of the Public Defender established a special council that was intended to monitor human rights in psychiatric institutions. The Monitoring Council brought together mental health professionals and representatives of human rights NGOs. The need for increased monitoring in psychiatric care institutions was clear, where unbearable living conditions, inhuman treatment of patients, lack of transparency and lack of public attention prevailed.

In the same year, a memorandum was signed between the Public Defender and the Minister of Labour, Health and Social Welfare. This memorandum immediately allowed members of the Council access to mental health institutions for monitoring. The Council targeted all relevant institutions, and more importantly, has helped to make monitoring a regular, ongoing process.

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The monitoring initiative helped to identify both positive and negative tendencies and factors at psychiatric institutions. For instance, patients’ living conditions in most institutions have improved through the years, as has the attitude of institutional personnel toward them.

Alternative therapy methods have been introduced and access to non-psychiatric medical care has improved. In-house regulations and information about patients’ rights are now displayed in institutions, and boxes for complaints and grievances have been installed.

On the other hand, monitoring also revealed less positive things. For instance, the Council found that it is not rare for patients to have to work for the benefit of an institution without adequate compensation. They also found that patients’ social problems are not adequately addressed, there is no clarity in terms of patients’ pensions and property, and that, apart from one hospital in Batumi, psychiatric institutions do not have staff positions for social workers to address these and other similar problems.

According to members of the Council, there is a portion of patients that do not require active treatment in an in-patient setting. For the patients in this position, psychiatric hospitals act as a shelter and patients gradually lose skills critical for independent living. Finally, the Council found that remuneration for institution personnel is low, contributing to difficulties in attracting adequately qualified professionals and which further lowers standards of treatment and care.

Monitoring has been conducted at 7 psychiatric hospitals and 15 psycho-neurological dispensaries. Based on the findings at these locations, the Council developed recommendations addressed to different ministries or mental health institutions. We asked one of the project participants, Nino Makhashvili, of NGO “Global Initiative in Psychiatry” to give her appraisal of the project: “The project has been a success. One of the determining factors is the diversity of organisations The project has been a success. One comprising the Council, and their wellof the determining factors is the diversity structured relations with the Public of organisations comprising the Council, Defender. However, the main guarantor and their well-structured relations with of our success has been the approach taken by the Council – we decided to go the Public Defender for a supportive attitude in addressing the problems, rather than for a controlling function. Despite the very principled character of our recommendations, our main purpose was to enlighten both patients and doctors. When we presented the initial results of the monitoring to the parliamentary Committee on Healthcare, it definitely contributed to the expedited adoption of the law on psychiatric care. The law, to the extent possible, recognises and protects patients’ rights. And what is most important, it became a living law and translated into real improvements in front of our

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eyes. We were visiting the Gldani psychiatric institution in Tbilisi for three days, and for the three days we were there we would see a patient tied to his bed, wearing no underwear and denied any possibility of going to a toilet. Today, you will see nothing of the sort in any psychiatric hospital in Georgia. The history of monitoring is like a growing child – you see changes unfolding in front of your eyes, and you see more expertise and more support coming into psychiatric institutions.”

According to Archil Talakvadze, PDO project director: “In-patient care should be supplemented and supported by community-based care. A person discharged from a hospital should be met with smoothly-functioning social services, day-time Centers, protected workshops – i.e. by a continuous psychiatric care system. Without the availability of any meaningful rehabilitation system, patients discharged from hospitals often find themselves returning back to those hospitals. The project “Human Rights and Psychiatry” has clearly demonstrated the need for community-based care. It is now time for the public to step up and play its part.”

Priorities The priorities in the work of the Public Defender highlighted here are underpinned by certain episodes in his own life. It was Sozar Subari’s personal choice to accept the position of school director in one of the most difficult districts of Georgia, Dmanisi – a densely populated district where Azerbaijanis live in close contact with Georgians resettled from Svaneti. The experience of working at this school has helped Sozar to better understand the problems and concerns of young people, prompting him to help socially vulnerable children and children deprived of parental care.

Prior to that, Sozar Subari, a historian by educational background, graduated from the Theological Academy in Tbilisi and served in the Orthodox Church. This experience helps bring a sense of spirituality into his work, which has translated into the strength and importance of the Center for Tolerance, as well as into both Sozar’s and the PDO’s deep care and attention for people with mental health problems.

From the author In Georgia, the trust the Public Defender enjoys rests on two pillars: his very principled position with respect to human rights abuses, and humanistic spirit of his public activity. If the reader finds Sozar Subari’s personality a likeable one – it is precisely this attitude towards him that most of Georgia’s population share.

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UNDP support to the Ombudsman Institution in Kazakhstan UNDP has developed the capacity of the Ombudsman Institution in Kazakhstan to pursue human rights violations and to engage civil society organizations in human rights awareness raising activities. UNDP aims to strengthen the ability of the Ombudsman Institution to fulfill its mandate and to solidify its role in both national and international level.

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The Ombudsperson in Kazakhstan Human Rights in Kazakhstan azakhstan has faced many difficulties on its way to comprehending one of the most important values in life – the value of the rights and freedoms of man and citizen. The attitude towards the issue of human rights, its place and role in the Kazakh state and society has evolved and changed throughout the state’s development. Attitudes and treatment of human rights have varied, depending on the period in history, societal and economic systems, and the general level of development.

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It is appropriate to say that respect for human rights is deeply rooted in the history of the republic. The freedom-loving way of life led by nomads, absence of enslavement by the despotic foundations of serfdom, respect for the elderly, care of the poor and the fragile, the tradition of mutual help offered to one another by mountain villages, tribes and families, the institution of the Biys Court1, and the existence of Kazakh akyns2 who praise liberty and ridicule disregard for the common people and infringements of human dignity in their songs - these are all part of the deep-seated foundations of today’s legal system that codifies human rights in an independent Kazakhstan.

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Economic freedom, ideological and political pluralism, and equality for all before the law – these are the main priorities of legal development in Kazakhstan

In the times of the USSR, the centrallyplanned economy placed the interests of the state over the interests of people.

Improving the lives of citizens, in effect, ceased to be the ends of economic development; instead, citizens became the means – the wheels and cogs – of development. Sovereignty has brought with it a renewed craving by the Kazakh people for freedom and from the first days of independence, the political leadership of the republic has paid special attention to securing the rights of citizens.

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1 the Biys Court is a unique Kazakh judicial system 2 akyns are improvising poets and singers in the Kazakh and Kyrgyz cultures

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“The new Constitution clearly formulates and efficiently guarantees the constitutional rights and freedoms of citizens. Incorporation of a provision on the value of the person, his rights and freedoms into the Basic Law is underpinned by an aspiration to protect every citizen.

Economic freedom, ideological and political pluralism, and equality for all before the law – these are the main priorities of legal development in Kazakhstan.”

(Excerpt from the article by President of the Republic of Kazakhstan „Constitution - the Basis of Stability and Prosperity of Kazakhstan”)

N.A. Nazarbayev, President of the Republic of Kazakhstan President Nursultan Nazarbayev has spearheaded many of the initiatives on developing democracy in Kazakhstan. It was he who has assumed the heavy burden of championing democratic reforms and guaranteeing the protection of human rights. He has been able to combine in his policies European reformism, utilitarianism, and allegiance to democratic procedures, with Asian traditionalism and a close link to the cultural foundations of Kazakh society.

“Above everything else President Nazarbayev has always valued the interests and hopes of our citizens, protection of their health, building up the intellectual potential of the nation, and concern about the future generations.”

(Collected works “Conference on the book by N. Nazarbayev, President of the RK, “The Kazakh Way”, Astana, Fedruary 2007).

Kasim-Jomart Tokayev, Chairman of the Senate in the Parliament of the Republic of Kazakhstan It is only natural that the Constitution of the country clearly states that nobody shall be subjected to any discrimination on grounds of origin, social, professional or property status, gender, race, nationality, language, religious opinion, convictions, place of residence or any other circumstances. Everyone has a right to life and personal freedoms; the dignity of the person is sacred and inviolable.

“In the special section of the Basic Law of our state the main provisions of the Universal Declaration of Human Rights are reproduced almost entirely. Kazakhstan has joined international conventions On the Rights of the Child, On the Elimination of All Forms of Discrimination against Women and Racial Discrimination, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Under the leadership and urging of President Nazarbayev, the country has also joined the International Covenant on Civil and Political Rights.”

Yermek Jumabayev, Chairman of the Committee on legislation and legal issues of the Senate in the Parliament of the RK

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Ombudsman’s visit to military camp in Taldykurgan

The History of the Ombudsperson in Kazakhstan Kazakhstan was one of the first ex-Soviet countries that created an efficient institution for protecting the interests of its citizens – the Commission on Human Rights under the President of the Republic. This pioneering body played an important role in the protection of rights and legal interests of the Kazakhs during the early days of independence. However, rapid development and the advent of democratic reforms, coupled with the processes of globalization, enabled the civil society of the country to compare the local experience of human rights protection with the universally recognized international standards and norms.

As good as the initial efforts were there was room for improvement.

The idea of establishing a new institution emerged as early as 1995, when a group of well-known Kazakh politicians, together with the UN Coordinator/ UNDP Resident Representative and UNDP Programme Coordinator in the Republic of Kazakhstan, took part in a seminar in Geneva. The movement for an Ombudsman Institution was born, and the United Nations Organization (with the United Nations Development Programme and the United Nations High Commissioner for Human Rights in particular) was to play an important role.

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Independence is of the utmost importance. The legislation that created the Commissioner for Human Rights states directly that the Commissioner is independent and that any interference with his activities is forbidden

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After the seminar, UN representatives methodically and efficiently advocated for bringing Kazakh legislation in line with international standards, primarily with the Paris Principles Relating to the Status of National Institutions. UN representatives made speeches in Parliament, held meetings with officials at different levels of the government, organized roundtable sessions to discuss changes to national legislation, and ensured that non-governmental organizations were included in the process.

Center for temporary isolation, adaptation and rehabilitation for minors in Taldykurgan town

A major contribution of the UN was its ability to bring well-known international experts and their knowledge into the process. People like Brian Burdekin - Special Advisor to the United Nations High Commissioner for Human Rights, Peter Hosking – Senior Consultant in the Office of the United Nations High Commissioner for Human Rights, Sergei Sirotkin – Advisor with the Regional Office of the United Nations Development Programme, and Herbert Berstok – UN Coordinator and UNDP Resident Representative in Kazakhstan, took part in conferences, seminars, and expert groups. These events gathered top government officials, leaders of international organizations, and representatives of foreign human rights organizations together to discuss institutional reform, and it was at these events that a general understanding of the necessity for a new institution in the country appeared. The discussions at these events also helped define what a new institution might look like.

Thus, as a result, on 19 September 2002 the institution of the National Commissioner for Human Rights in the Republic of Kazakhstan was established by an edict from President Nazarbayev3.

Independence and Responsibilities The Commissioner for Human Rights is appointed by the President of the Republic of Kazakhstan following consultations with the Committees of the Parliament. This ensures the participation of both the President and the Parliament of the country in the process of discussion and appointment and reflects the high social and political status of the Commissioner. It also ensures that the Commissioner is not beholden to any one person or group.

Independence is of the utmost importance. The legislation that created the Commissioner for Human Rights states directly that the Commissioner is independent and that any interference with

3 According to the Constitution of the Republic of Kazakhstan, edicts of the President are inalienable and very important elements of national legislation

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Speech by Ombudsman at 62nd session of UN General Assembly, New York.

his activities is forbidden. Institutionally, many mechanisms exist to ensure this independence. The Commissioner does not report to anyone and works mainly with the assistance of the National Center for Human Rights – a working body that is appointed and regulated by the Commissioner.

The term in office lasts 5 years and can only be cut short by the President of the Republic of Kazakhstan under special circumstances that have already been stipulated at the creation of the institution. Financing of the Ombudsperson’s activities is drawn directly from the republican budget, further ensuring independence and testifying to the Ombudsperson’s wide ranging administrative powers.

The Commissioner is charged with protecting and fostering human rights and freedoms for not only the republic’s citizens, but also for foreign citizens and stateless persons in the jurisdiction of the Republic of Kazakhstan. To meet these responsibilities, the Commissioner has been given extensive and wide-ranging authorities. He is entitled to initiate, at his own discretion and regardless of whether a complaint was referred to him or not, an investigation of any human rights violation perpetrated by public officials, to take measures on official investigation of violations, to meet on short notice public officials at all levels, to demand and obtain all the necessary information, and to visit without hindrance the premises of any public establishment, including military bases and detention facilities. In addition, nothing and no-one may prevent the Kazakh Ombudsperson from referring his recommendations on reinstating violated rights to public officials, from publishing his opinions in mass media in official capacity, and, whenever he considers it necessary, from directly addressing the President, the Parliament, or the Government of the country.

The Institution of the Ombudsman Today “We work in line with international standards. There are the so-called Paris Principles, in accordance with which this institution must be independent from the state or any other influence, so that it can have sufficient authority, certain immunity and sufficient financing.”

Bulat Baikadamov, the first Commissioner for Human Rights in the Republic of Kazakhstan

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The first years of the Ombudsman institution in Kazakhstan were in many ways decisive, because it was a totally new institution oriented towards western standards, and its effectiveness was assessed by the practical results of its work.

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Today, five years after its establishment, the office of the Ombudsperson in Kazakhstan is an independent organization with social and political authority that does in practice contribute to improvements in human rights and freedoms in the republic

Does the Ombudsperson in Kazakhstan have the good reputation that one needs to be effective? Has he fulfilled his potential? Has he succeeded in strengthening the institution of human rights that is being formed in the society? Have the people begun to trust the Ombudsperson as the defender of their rights and interests?

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Today, five years after its establishment, the office of the Ombudsperson in Kazakhstan is an independent organization with social and political authority that does in practice contribute to improvements in human rights and freedoms in the republic. It has succeeded in proving its viability, and is recognized by the public as an efficient mechanism of human rights protection.

“Over these five years the Ombudsman institution has accepted for review more than 8500 complaints and has sent more than 2500 inquiries to state bodies in connection with these.

It has taken an active role in lawmaking activities and the development of programmes, and has reported on human rights in the Republic.”

Vyacheslav Kalyuzhni, Director for the National Center of Human Rights In their complaints, citizens often draw the Commissioner’s attention to gross violations of criminal procedure laws perpetrated by law enforcement agencies in pretrial investigations, as well as by courts during trials. Most of the applicants who submit these complaints express their disagreement with the adjudicated terms of sentences, point out biased approaches exercised by judges when conducting court proceedings, and deliberate delays in legal investigations. Another significant portion of complaints come from citizens protesting the actions or inactions of business entities like construction companies.

Expressions of gratitude from citizens that the Ombudsperson has helped testify to its effectiveness and necessity. For example, Ms. Novikova E.N., a resident of the town of Karaganda, is grateful to the Commissioner for Human Rights for its assistance in resolving

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her problem with a maternity clinic and with the social welfare authorities. Following the Commissioner‘s requests to the establishment concerned, Ms. Novikova E.N. received a maternity allowance. Moreover, administrative sanctions were imposed on the guilty employees for failing to provide adequate medical aid.

To ensure the proper protection of human rights and freedoms, the Commissioner for Human Rights in the Republic of Kazakhstan has initiated and facilitated cooperation between law enforcement and other state agencies in the republic. These memorandums of cooperation exist to support the protection of human rights and the reinstatement of those rights when they have been violated.

“We held meetings with Head of the National Center for Human Rights Mr. Vyacheslav Kalyuzhni. They resulted in the signing of a memorandum of cooperation for effective interactions aimed at protecting the rights and interests of citizens. The partnership is developing successfully and various projects are being implemented with human rights organizations, including the public foundation „The Charter for Human Rights“, “The Union of Crisis Centers,” and “The Union of Kazakh Lawyers”; the issues of cooperation with political parties and leading religious associations are also being addressed.”

Alik Shpekbayev, Vice-Minister of Internal Affairs in the RK Further, the Office of the Kazakh Ombudsperson actively cooperates and interacts with many international organizations including the United Nations Development Programme, Office of the High Commissioner for Human Rights (OCHR), Organization for Security and Co-operation in Europe (OSCE), and UNICEF. “Cooperation with international organizations means that we can gain access to important methodological and sometimes financial support. Moreover, it means monitoring and impartial assessment of our situation. Coordination of activities conducted by state bodies, non-governmental and international organizations, and harmonization of the national legislative framework with international standards is extremely important for implementation of scheduled programmes and measures of compliance with humanitarian standards and human rights protection on the whole.”

Askar Shakirov, the Commissioner for Human Rights on the Republic of Kazakhstan A powerful impetus to the further development of democracy in the country was given by the constitutional reform initiated by the Head of Kazakhstan in the spring of last year. This reform resulted in significant changes in the sphere of protection of human rights and freedoms.

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Psychoneurological hospital in Taldykurgan

“For quite a long time the issue of abolishing the death penalty was discussed in Kazakhstan. The first step in this direction was the adoption of the current Criminal Code that significantly cut down on the number of crimes punishable by death. The second step was the ban on capital punishment introduced by Head of State at the end of 2003. With the introduction of life imprisonment, death sentences have become virtually obsolete.

An amendment that was made to an article of the Constitution that guarantees a person‘s right to life in practice abolishes the death penalty in Kazakhstan; in accordance with this amendment, the death penalty may only be administered for especially serious crimes committed in wartime, or for terrorism-related crimes that result in the death of people.”

(From collected works “Constitutional reform and deepening of democratic processes in Kazakhstan”, Astana, May 2007)

Igor Rogov, one of the initiators of the institution of the Kazakh Ombudsman, currently Chairman of the Constitutional Council of the RK However, it would be misleading to say that all the problems related to human rights and the legal interests of Kazakh citizens have been solved. The heavy burden of a history of conditions that were far from favorable for the protection of human rights still weighs on the country, and the Republic continues to fight the negative stereotypes and mentality from that period in its construction of a democratic society and a state governed by laws.

At the same time, it is quite obvious that Kazakhstan, as a future OSCE presiding country, will continue to do its best to observe and protect human rights. Together, the Kazakh people and Head of State have the political will necessary to promote and defend human rights and freedoms and reach the new frontiers of democracy that the Republic aspires to.

Kazakhstan, Astana

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UNDP support to the Equal Opportunities Ombudsperson in Lithuania UNDP is supporting the Equal Opportunities Ombudsperson to ensure equal rights for men and women. It is currently pursuing capacity development, establishing a network of similar institutions, and enhancing public awareness. The development of the Equal Opportunities Ombudsman Office should lead to more effective provision of public services. The office will also share its knowledge and expertise with other countries in the region.

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Lesbian, Gay, Bisexual, and Transgender Persons and Human Rights in Lithuania qual rights and opportunities are at the forefront of Lithuanian public discourse. Lithuania is party to numerous human rights treaties, including the International Covenant on Civil Political Rights and the European Convention on Human Rights and Fundamental Freedoms, which recognize rights to freedom of expression, peaceful assembly, and association. In 2005, the Law on Equal Opportunities was enacted in the country; according to it, every person has a right to file a complaint with the Equal Opportunities Ombudsperson in cases of discrimination of any type.

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Although many anti-discrimination laws and laws on human rights have been in place for a decade, the reality is that they still do not always guarantee equality and equal treatment of persons of different social groups.

Surveys indicate that much still needs to For the first time, individuals be done in the field of human rights and fair treatment of people regardless of and organizations from a widetheir age, gender, sexual orientation, ranging cross-section of society disability, race and ethnic origin, and have united to develop a partreligious beliefs. Lithuanian lesbian, gay, nership for the common goal of bisexual and transgender persons (LGBT) reducing homophobia, discrimiare particularly vulnerable in this regard.

A survey conducted in 2006 revealed that nation, and intolerance towards almost 70 per cent of Lithuanians would LGBT persons in both public life not want homosexuals working at and the workplace schools and half of the population objected to them working at a police station; almost one of every two Lithuanian thinks homosexuals should be treated medically and over 60 per cent would not like to belong to any organization that accepted homosexual members.

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Several positive steps towards establishing the LGBT public agenda and drawing attention to the issues of this marginalized group have already been taken. One of the most visible and significant efforts in recent years has been the EQUAL project “Open and Safe at Work” (2004-

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2007) coordinated by the Office of Equal Opportunities Ombudsperson and the Lithuanian Gay League with financing from the European Social Fund.

For the first time, individuals and organizations from a wide-ranging cross-section of society have united to develop a partnership for the common goal of reducing homophobia, discrimination, and intolerance towards LGBT persons in both public life and the workplace.

The Office of Equal Opportunities Ombudsperson, the Lithuanian Gay League, Vytautas Magnus University, Gaumina Ltd., European Social, Legal and Economic Projects, and the Center for Equality Advancement are the key members of this coalition. The role of two organizations in this project, the Office of Equal Opportunities Ombudsperson and Lithuanian Gay League, should be highlighted. The latter has carried out, since 1995, a fair amount of research, advocacy efforts and public awareness campaigns related to LGBT persons in the country. The Office of Equal Opportunities Ombudsperson established by the Lithuanian Parliament in 1999 has significantly contributed to the implementation of equal opportunities for men, women, disabled, aged, ethnic, religious and sexual minorities (for more see www.lygybe.lt/en). The participation of this institution in the project “Open and Safe at Work� brought a wider legitimacy to the issues of LGBT persons and enhanced the positive impact of the project on public discourse.

One of the important outcomes of the project was a far-ranging survey on gays and lesbians in the labor market. A team of researchers conducted forty-two interviews with Lithuanian gays, lesbians and bisexuals about their experiences in the labor market. The interviews revealed that the workplace was still a difficult environment, one in which most interviewees chose to hide their sexual orientation. Some of those who were open about their orientation suffered derisive jokes, constant verbal violence, and insults and ridicule from their co-workers.

A representative opinion poll was also commissioned within the framework of this project. It presented contradictory results. On the one hand, some positive changes are contributing towards a more tolerant society in Lithuania, particularly in the acknowledgment of abstract human rights for LGBT persons. These include the fact that homosexual persons should have the same opportunities in the labor market as heterosexuals, and that laws should defend homosexuals from discrimination at work. On the other hand, when asked concrete questions about homosexuals, their lifestyle and participation in public life, Lithuanians expressed homophobic and discriminatory

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attitudes. Sixty-four percent of Lithuanians were sickened by the mere thought of a homosexual relationship between men, and sixty-two percent expressed their distaste for homosexual relationships between women.

Despite these differing attitudes however, the survey did confirm that Lithuanian people are gradually beginning to acknowledge the rights of LGBT persons in public life.

The results of this research garnered much media attention. At least thirty articles, news reports, and essays appeared in the press, on the Internet, and on television. This widespread media coverage led to greater public awareness of the problems that LGBT persons face in Lithuania.

Besides these research activities, the EQUAL project also undertook work targeting two main groups: employers and both employed and unemployed LGBT persons. A key result of the project has been the Information and Mutual Assistance Center, established in Vilnius. The Center organizes seminars and workshops for LGBT persons aimed at providing them with comprehensive IT training and education about the labor market. The Center also helps develop professional competences, interpersonal communication skills, and the legal literacy of LGBT persons, providing encouragement for them to enter the labor market as self-confident and open individuals. All the activities at the Information and Mutual Assistance Center have contributed to a stronger LGBT community in Lithuania and has encouraged mutual support and help within this vulnerable minority.

EQUAL also organized a series of workshops and seminars for employers and representatives of NGOs. Findings from project research were presented in an attempt to educate employers and promote equal opportunities for LGBT persons in the workplace. They also provided tips for employers on how to create an open and inclusive work environment, and integrate sexual orientation sensitivity into their daily work. In some cases, lecturers and trainers encountered resistance from their audiences They also provided tips for but ultimately the message of needing to employers on how to create an respect different people and treat them open and inclusive work enviequally was conveyed.

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ronment, and integrate sexual orientation sensitivity into their daily work

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The EQUAL project issued a number of awareness-building and educational publications including two scholarly books,

several anti-discrimination guides for employers and employees, and a CD entitled “Open up your Workplace: Challenge to Homophobia and Heteronormativity.” The whole endeavor made employers and the general population aware of discrimination issues in the labor market and public life (for more see www.atviri.lt).

Among one of the most significant project outcomes was the practical guide “Plan for Equal Occupational Opportunities,” designed specifically for businesses and employers. This guide recommends, as a crucial part of business strategy, establishing a policy of equal rights and opportunities. This policy would commit businesses to providing equal opportunities for all employees, hiring an inclusive and diverse work force, and fighting against any form of discrimination in the workplace. Policies should comprehensively address cases of discrimination, harassment, and unequal treatment at work, enlisting the help of human resources departments at companies. They should include practices designed to record and resolve complaints, monitor employees, and train and educate employees on equal rights.

Done correctly, these policies should enhance administrative and managerial sensitivity towards cases of discrimination; strengthen employees’ motivation and productivity; and decrease the level of stress and social tension both at work and in society as a whole. To ensure success, implementation must involve managers at all levels and be supported by everyone in the organization. It is the responsibility of both employers and employees to create an open and inclusive workplace in which everyone feels respected, regardless of sexual orientation.

The guide “Plan for Equal Occupational Opportunities” emphasizes the importance of providing equality and sensitivity training to all employees within an organization. The guide also suggests that employers must develop written policies and procedures either as part of their main equality policy or as a separate document. They should make it clear that all employees have the right to be treated with dignity and respect at work, any form of harassment will not be permitted in the workplace, and harassment will be treated as a disciplinary offence.

The success of this guide and its related activities can be tracked by the number of companies that adopt its suggestions. The supermarket chain “Rimi Baltic” is one of the first to commit to doing so. This company already employs disabled persons and other minorities in its stores and is ready to create a sensitive, safe, and inclusive environment for openly gay, lesbian, bisexual and transgender individuals. The development community created by the EQUAL project is expecting more companies and

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organizations to adopt this so-called “Tolerance Guide” and to implement equality policies in the workplace.

Although the project period has ended, the goals of EQUAL will continue on through other projects related to social exclusion and discrimination. Moreover, the Lithuanian Gay League is pushing to include the recommendations produced by “Open and Safe at Work” in the country’s political deliberations and new legal provisions as part of more comprehensive employment protections for LGBT persons in Lithuania.

Lessons learned It is rather difficult to measure the overall impact of this project; however some practical and valuable lessons are already apparent and can enhance future efforts in the fight against discrimination.

First of all, creating a unified coalition of actors from different sectors of society is necessary in the fight for human rights and against discrimination. In this case, a development partnership comprised of the government, NGOs, private businesses, and university researchers was really First of all, creating a unibeneficial for the project. The inclusion of the fied coalition of actors from governmental Office of Equal Opportunities Ombudsperson in particular, brought a wider different sectors of society is acceptance and legitimacy to the issue of LGBT necessary in the fight for persons’ human rights.

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human rights and against discrimination

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Secondly, building a stronger and more capable community among representatives of a vulnerable minority – one of the goals that the project has achieved – is a precondition for future success in the sphere of human rights.

Thirdly, as the project demonstrates, the issue of the rights of LGBT persons and discrimination against them should be treated within the context of other vulnerable minorities and multiple or intersectional discrimination. Examining multiple forms of discrimination allows more complex and effective approaches towards cataloguing and solving the problems of marginalized minority groups.

Finally, as the experience of the “Open and Safe at Work” confirms, no person or social group should be forced into hiding; the strong democratic culture that Lithuania has been building

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since its independence in 1990 has to include a commitment to openness, meaningful dialogue, and public debate on the issues that often seem uncomfortable and unsettling.

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UNDP support to the Ombudsman Institution in Moldova UNDP has been cooperating closely with Moldova’s Ombudsman Institution. It has helped to establish and maintain a free hotline that gives people from outside the capital the chance to report human rights infringements. Also, it has helped to develop strategic partnerships between national authorities and civil society organizations – including the media – to better promote and protect human rights.

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The Ombudsman institution in Moldova – Ongoing Evolution or societies in transition, human rights is an emerging and evolving concept. In this respect, the Republic of Moldova is no exception, and this is why the institution of the ombudsperson is so important. It plays an extremely crucial role not only in informing citizens about their fundamental rights and liberties, but also in protecting them.

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The ombudsperson has become an important piece of the institutional mechanisms that protect the constitutional rights and liberties of citizens. The Republic of Moldova was one of the first independent states (former soviet republics) to create an Ombudsman institution. On October 17, 1997 the Parliament of the Republic of Moldova passed the Law on Parliamentary Advocates, which was promulgated by the president of the Republic of Moldova on November 28, 1997. It is fair to say that the foundation of the Ombudsman institution in Moldova had been laid earlier. However, the culmination of this groundwork is the Center for Human Rights of Moldova (within which the parliamentary advocates carry out their activity,) which officially started working in 1998.

The History of the Ombudsman in Moldova In March 1997, the UN Office of the High Commissioner of Human Rights and the Government of the Republic of Moldova signed the project paper “Support to the Democratic Initiatives in the Field of Human Rights in the Republic of Moldova�. The signing of this paper signaled the beginning of activities that focused on analyzing, improving, and adjusting legislation on the creation of a national institution for protecting human rights. A working group, made up of representatives from the agencies tasked with implementing and executing the project, used the Swedish model as inspiration, as well as models from other countries. The working group completed its work when the draft Law on Parliamentary Advocates was presented in Parliament.

During the past 10 years, the Center for Human Rights has continued to develop, improving both its organization as well as its work in promoting and protecting human rights. One key indication of this development is reflected in the recent addition of a new advocate. At its inception, the Center only had three parliamentary advocates (each of which served for five years), and acted as general advocates. The newly created position not only increases the

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capacity of the center, but also signals the continuing evolution of the center by creating a specialized advocate that focuses on the protection of children’s rights.

“The Ombudsman institution has become absolutely necessary as Moldova has started on the path of democracy”, states Constantin Lazar, one of the first three parliamentary advocates. The first period of the Center’s existence was not an easy one – it was a newly created institution that needed to promote its own public image. The Center needed to make sure that the public not only knew about the Center, but saw it as an indispensable element of a democratic society. Despite these difficulties however, that first period was still successful. Says Lazar, “If we evaluate the activity of the first members of the Center on a ten point scale, I think that we deserve seven - quite a good result for a democratic society that is just starting down this road.”

Today, the Center for Human Rights of Moldova has become an Ombudsman institution comparable to those in Europe and the rest of the world. Everybody living permanently or temporarily in Moldova, whose rights are violated, has access to the Center. This includes not only the citizens of the Republic of Moldova but also foreign and stateless persons. Services provided are free of charge to all. The Center is open for cooperation with the state organizations and institutions, and national and international NGOs concerned with the protection of human rights.

“The institution of the Ombudsman in Moldova has already established itself and the statistical data can prove that. If we make a comparative analysis of the work done since 1998 till today, we see that both the number of petitions and their quality is higher. Quite a lot of people know about the existence of the Center and about the issues that can be addressed with the help of the parliamentary advocates. The people are using this non-judiciary mechanism more and more to protect human rights”, says Raisa Apolschi, Director of the Center for Human Rights of Moldova.

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Addressing Transnistria The Center has three branch offices, one each in Balti, Cahul, and Comrat, which were opened in the first years of the Center’s existence. The branch offices have facilitated access for citizens in the areas close to these cities to the free legal information and consultation services that are provided by the Center. Ms. Apolschi admits that, “there is always room for improvement.” She goes on to state, “We cannot be absolutely satisfied with the activity of these branch offices, because there are systemic problems as well.”

The most pressing problem for the Center is the impossibility of providing access to services in Transnistria, an area in Eastern Moldova controlled by a separatist regime.

“As far as Transnistria is concerned, unfortunately we have to admit that we have no access and we cannot protect the people there. Our only option is to open representative offices in the regions bordering Transnistria that are controlled by the authorities of the Republic of Moldova.

This way we will be able to have an objective picture of reality since the information we can gather from there is different”, says Apolschi.

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We have made progress in this respect. Things have changed in the past two years.

The attitude and reaction of Government, and even Parliament to our recommendations has changed

Certainly, this is not a complete solution to the problem, but it is an attempt to address it. In providing access to at least some people from the Transnistrian region, the Center hopes to inspire optimism in the people of this region that some problems can be solved, despite the difficulties in doing so.

In its effort to ensure a minimum level of assistance to the inhabitants of the Transnistrian region, the Center tries to involve nongovernmental organizations working in the area. One of the partners of the Center is Promo-Lex. Promo-Lex is one of the best known NGOs in Moldova, specializing in the protection of human rights in the Transnistrian region.

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The main purpose of the Promo-Lex partnership with the Center for Human Rights of Moldova is to consolidate the efforts directed towards protecting and promoting human rights in a region controlled illegally for over 16 years. A positive example of this is Promo-Lex’s on-going appeal to the Constitutional Court, by means of Center for Human Rights of Moldova, challenging the constitutionality of certain provisions of legislation. The decision of the court will allow a significant number of citizens of the Republic of Moldova to enjoy their constitutional rights”, says Ion Manole, chairman of Promo-Lex.

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Respect and Cooperation Even if the Center has yet to see much in the way of results in the Transnistrian region, it has successfully achieved legitimacy in other parts of Moldova and is now a serious partner of other institutions of the state. For a number of years after its inception, the Center was viewed with suspicion and, in a way, neglected by other institutions of the state.

“We have made progress in this respect.

Things have changed in the past two years.

The attitude and reaction of Government, and even Parliament to our recommendations has changed”, says Raisa Apolschi. “If not long ago the reports of the parliamentary advocates were treated formally and not all of them were considered worthy of consideration, things are different now.”

The leadership of the Department for Penitentiary Institutions, an institution with which the Ombudsman institution of Moldova now has a close working relationship, admits to the existence of these problems in the recent past. “In the last three years, the cooperation of the Center with the Department for Penitentiary Institutions has much improved. In the past there were unpleasant situations when a parliamentary advocate had to stay 2-3 hours at the gate of a penitentiary waiting to be let in, but such cases do not exist today. On the contrary, nowadays one of the parliamentary advocates pays two to three visits to the penitentiaries each week. Moreover, there is always a parliamentary advocate in the groups investigating important cases in the penitentiaries”, says Vladimir Trofim, Head of the Department for Penitentiary Institutions.

According to Trofim, the awareness of the detainees about the role and duties of the ombudsperson has also increased. “There are information boards in penitentiaries that provide detainees with contact information for the Center. The detainees appreciate that they can deal with an independent institution on issues concerning the penitentiary. In general, I think that the activity of the Center has had beneficial effects on how to properly respect human rights in penitentiaries.”

In the Republic of Moldova, the Department of Penitentiary Institutions is part of the Ministry of Justice. The lack of democratic traditions in Moldova made the Ministry treat the Center for Human Rights of Moldova with suspicion for a long time, but today the Ombudsman institution has managed to largely win over even the officials in the ministry. “In the Republic of Moldova the Ombudsman institution is relatively new, even if it has been functioning for

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about ten years. This was a period when the normative foundation of the Center’s activity was laid, allowing the parliamentary advocates to register more or less good results”, claims Vitalie Pîrlog, Minister of Justice of the Republic of Moldova. In his opinion, “...there are some problems linked with the potential of this institution.” He claims that the Center is burdened with a large number of petitions that will require increased assistance from certain other state institutions for the Center to properly address them. “This will allow the Center to function more efficiently,” says the minister.

Building Awareness of Human Rights in Moldova

Through its work, the Center for Human Rights of Moldova attempts to change these remnant totalitarian practices and mentalities, promoting instead relations of cooperation, mutual respect, and trust – particularly between the administration and citizens. The Center also works to change stereotypes held by people and to help focus the attention of the government on aspects of human rights. A special emphasis is placed on informing and educating citizens of their rights.

Every year, the Center organizes several seminars, roundtables, lectures, and programs in schools, on TV, and on radio programs. The Center also publishes and issues informational and promotional brochures. All these things are done to educate the population on their fundamental rights and liberties. “We select issues [for these educational activities] by taking into account the problems raised by citizens in the petitions submitted to the Center” says Raisa Apolschi.

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As part of its awareness building program, the Center produces and distributes permanent press releases; materials for publication in the national press; guides focused on topics like equality of opportunity, rights of the youth, and rights of disabled persons, as well as instructive folders with information on things like “How to Write a Petition.” All these materials are distributed free of charge to the public to ensure both wide availability and increased access.

One of the newest initiatives of the Center is its website (www.ombudsman.md). Launched in 2006, the website was accessed by 13,200 people in its first year, and has helped further extend the reach of Center and the availability of information for the public.

The Ombudsman institution in Moldova has published the quarterly newsletter “Parliamentary Advocate” for three years now. This publication has become the public face of the Institution, and is both a tool for promoting human rights and a real bridge between the institution and citizens, including those from the Transnistria. The newsletter presents the work of the Ombudsman institution, questions from citizens regarding acute problems, answers to these questions from specialists, in addition to other useful information.

In 2004 the phone service “Hotline” – 080028002 – was launched to provide citizens with even more options to access legal information. Through the hotline, citizens can speak with specialists from the Center for consultations, juridical assistance to foreigners and stateless persons, and updated information about institutions working with human rights. A random sampling of callers in the ten month period from September 2006 to June 2007 shows how effective the hotline has been. 1167 citizens utilized the service during this period, more than half of whom lived outside the capital. Callers to the hotline included both employed and unemployed people, retirees, disabled people, and young people – particularly students. The questions asked were very different, including inquiries into the right to life, physical and mental integrity, the right to decent living standards, and the right to work. As these metrics show, not only has the popularity of the hotline increased, but it has given the Center greater reach into the community and has also given citizens another convenient way to access services provided by the Center.

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A sign of the Center’s success in raising awareness amongst citizens and its own increasing credibility is the growth in the number of petitions that the Center has received. Through ten years of operation, the Center has received 11,706 written messages and has conducted in-person consultations with 19,292 people, despite the fact that in its first years of activity Center for Human Rights of Moldova was not very popular amongst the population. The Parliament treats the observanumbers have been growing, and tions and recommendations of the today, as Ms. Apolschi states, “On the Ombudsman institution seriously average, every year we get in written and has acknowledged its important form about 2 thousand complaints and we have audience with over three role in the evolution of the demothousand citizens.” Yet she also cratic processes in Moldova highlights a problem embedded in these figures, “This number is quite high, but I would like to mention that not all the petitions are in the area of our competence. I consider that the evaluation of the activity of a parliamentary advocate should be based mainly on the problems highlighted in the petitions or by the investigations conducted by us rather than figures. These problems should be taken into account and solved by the bodies in charge of this.”

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One of the biggest problems mentioned in the complaints of the The Ombudsman institution citizens is the access to justice. “Many of the petitions refer to court adds value to the functioning of the decisions that are not upheld, a public administration, protecting situation that European Court of citizens against abuses and injustice.

Human Rights statistics on convictions It is now an element of the protecin Moldova supports. Another tion of citizens’ constitutional rights problem raised in the petitions is in regard to detention conditions. A lot and liberties of complaints are also linked with social protections; recently, complaints tied to private property protection have become more prominent, particularly as a result of the implementation of the legislation on the rehabilitation of deported people”, says Apolschi.

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Looking Back, Looking Forward All these problems are pointed out in the yearly reports that the Center presents in the plenum of Parliament. It is fair to say that some parliamentarians reacted aggressively negatively to these reports in the past. Now however, Parliament treats the observations and recommendations of the Ombudsman institution seriously and has acknowledged its important role in the evolution of the democratic processes in Moldova. “The Ombudsman institution adds value to the functioning of the public administration, protecting citizens against abuses and injustice. It is now an element of the protection of citizens’ constitutional rights and liberties,” says Marian Lupu, Speaker of the Parliament of the Republic of Moldova. “Center for Human Rights of Moldova has a clear mission to promote good governance and to act exclusively as a rostrum for the population serving the interests of citizens. The Parliament of Moldova is dedicated to continuing to reform and transform the Ombudsman institution for the purpose of ensuring the citizens of our country enjoy proper protection and respect for the universal principles of human rights.”

Center for Human Rights of Moldova has established a productive partnership with the Parliamentary Commission for Human Rights and National Minorities. Public hearings on specific rights issues, organized jointly by the Center for Human Rights of Moldova and the Parliamentary Commission, deserve special attention. Of these, the hearings on Moldova’s participation in the decisions of the European Court of Human Rights has echoed through Moldovan society. Moldova has one of the highest rates of court loses per capita at the European Court of Human Rights, highlighting the serious problems with justice that exist within the country.

Stefan Secareanu, chairman of the Commission for Human Rights and National Minorities is satisfied with the cooperation with Center for Human Rights of Moldova. Yet he still thinks that the efficiency of the Ombudsman institution in Moldova can be improved. He states, “A lot depends on the environment in which the ombudsperson functions. It will be more efficient in Moldova and we will be able to speak about a high level respect for human rights only with an independent justice system, under the promotion of proper democratic reforms.”

There is an opinion that the role and efficiency of the Ombudsman institution in Moldova would be higher if amendments were introduced to the Constitution that constitutionally established this organization. Presently, the Constitution of Moldova does not mention anything about the existence of the Ombudsman institution.

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“Under conditions where natural persons cannot appeal directly to the Constitutional Court, the importance of the parliamentary advocate in the system of protection of fundamental rights and freedoms is incontestable. However, the relatively low number of appeals made by the ombudsperson to the Constitutional Court reveals the existence of certain problems linked with these democratic instruments. Presently, Moldova is on the threshold of significant achievements in the field of ensuring fundamental rights and liberties at the national level. Both the civil society and the political authority of the state express openly and confidently the will to introduce the direct access of the persons to the Constitutional Court. In this context, the role of the ombudsperson is, in a way, redirected”, says Dumitru Pulbere, Chairman of the Constitutional Court of the Republic of Moldova.

Another important problem is increasing the visibility of Center for Human Rights of Moldova in society through the mass media. Ms. Apolschi says, “I would say that we face some gaps regarding the visibility of the Ombudsman institution in press and its coverage by the mass media. I think that the problems linked with the human rights should be covered wider in the media, because anybody could face them – if not today, then tomorrow.”

Looking back on the past ten years of the Ombudsman institution in Moldova, we can say that the institution has developed in two main ways – establishing the institution as an indispensable element of a democratic society; and the promotion to and education of citizens on their human rights and how to protect them. Today, the Center enters into a new era – one where, thanks to the efforts made, the continuing process of promoting respect for human rights in Moldova will be more efficient, effective, and enthusiastic.

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UN support to the Ombudsman Institution in Russia Under the leadership of the Office of the High Commissioner for Human Rights (OHCHR), the UN is cooperating with the Federal Commissioner (Ombudsman) for Human Rights of the Russian Federation. There is intensive collaboration on the year-long campaign to commemorate the 60th anniversary of the Universal Declaration of Human Rights. A series of events will be held in prisons, to be carried out together with the Federal Penitentiary Administration. OHCHR also provided extensive technical guidance on compliance with the Paris Principles on the functioning of national human rights institutions and the application for the status review of the Russian Ombudsman office.

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The Institution of the Commissioner for Human Rights in the Russian Federation he institution of the Commissioner for Human Rights was formed in the Russian Federation (RF) as an institution of out-of-court state protection of citizens’ rights relatively recently, wasn’t it? We talk to Mr. Lukin V.P., the Commissioner for Human Rights in the RF.

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- It certainly was. I will name three dates: 22 November 1991, when the Declaration of Rights and Freedoms of Person and Citizen proclaimed the establishment of the post of the Commissioner for Human Rights. Article 40 stipulated that control over the observance of human rights was to be entrusted to the Parliamentary Commissioner for Human Rights.

The resolution on putting the Declaration into effect stipulated the development of a draft law that would determine his terms of reference. However, the law was not adopted at that time.

In 1993 the post of the Commissioner for Human Rights was established by the RF Constitution. And, on 26 February 1997 the Federal Constitutional Law No. 1-FCL „On the Commissioner for Human Rights in the Russian Federation” came into effect (after it was signed by President of the RF) and set forth the status of the Commissioner, his terms of reference, and the procedure for appointing the Commissioner and discharging him from his duties. This was the actual establishment, at the legal level, of the public post of the Commissioner for Human Rights, or Ombudsperson, in Russia.

- What are the characteristics and responsibilities of the new public post of the Commissioner for Human Rights in the RF? - The Commissioner, in his work, adheres to the RF Constitution, the FCL “On the Commissioner for Human Rights in the Russian Federation”, RF legislation, universally recognized principles and norms of international law, the international treaties that Russia is party to, as well as to the voice of conscience and justice (as his oath of office reads). The Commissioner is independent and is not accountable to any bodies of government or officials who could influence his decisions - a sign of his special status. The decisions taken by the Commissioner on complaints submitted

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about human rights violations are not subject to appeal or revision by state bodies, including judicial bodies and bodies of the prosecutor’s office.

- What authorities and responsibilities does the FCL assign to the Commissioner?

- The FCL charges the Commissioner first and foremost with working to reinstate for citizens any rights that have been violated. Based on the FCL, the Commissioner is also expected to work for the improvement of RF legislation on the rights of persons and citizens; to bring RF legislation in line with universally recognized principles, norms, and international laws; to develop international cooperation in the sphere of human rights; and to advance legal education on issues of rights and freedoms of persons and methods for protecting them. In accordance with the FCL, the Commissioner reviews the complaints of Russian citizens, foreign citizens who are temporarily present in the country, and stateless persons.

- How relevant and necessary has the establishment of the Commissioner’s post in Russia been?

- I think its relevance and necessity is shown by the growth in the number of referrals and complaints that it receives each year. Between 1998 and 2008 the staff of the Commissioner’s Office reviewed more than 338,000 submissions from citizens and state bodies (institutions) that came from various regions of the RF, the CIS countries, the Baltic states, and a number of other countries. The number and variety of issues contained in the complaints has also grown. The complaints are a good source of information about the morale of the society, and provide a window on the “sore spots” that poison the lives of Russian citizens. We have to point out that the main violations of human rights and freedoms brought to the Commissioner’s attention have occurred in the realms of social and economic rights. Most complaints from citizens are related to revisions of verdicts, definitions, and regulations that have been legally enacted, compensation for and recoupment of material and emotional damage, the receipt of employment benefits, and violations in the conduct of pretrial investigations and interrogations.

So far few complaints about violations of citizens’ political rights, freedom of speech in the mass media, discrimination against women, and harassment in the military service have been brought to the Commissioner’s attention. In view of the fact that the abovementioned problems still do exist in Russian society, the absence or scarcity of complaints about them indicates low social engagement of specific groups, serious administrative barriers between citizens and the society, and citizens’ fear of complaining openly about the violations of their rights.

- In your opinion, what is unique about the Commissioner in Russia?

- I would put it this way: he has to navigate the inherent conflicts built into his position. The Commissioner has to not only discover and criticize the flaws in the work of authorities, but also to work with them and provide workable recommendations to them. At the same time, he has to create a network and maintain a level of respect within that network, and utilize that network in order to fulfill the obligations required of his office. The experiences of the

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Commissioner demonstrate that, in the absence of constructive cooperation with law enforcement agencies, judicial bodies, and executive and legislative bodies in the RF, it is difficult to help a person, and to successfully protect and reinstate his rights. Being a public defender of human rights, the The Commissioner has to Commissioner has a direct interest in fostering not only discover and criticize the efficiency of judicial bodies that guarantee the flaws in the work of authorthe reinstatement of one’s violated rights.

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ities, but also to work with them and provide workable recommendations to them

When examining complaints and defending human rights in Russia, not only does the Commissioner facilitate reinstatement of violated rights and freedoms by providing free and competent legal assistance, he also fulfills international obligations to provide every person with a means of legal defense through the legal system of the state. The Commissioner also has the right to apply to supervisory authority courts when taking action on complaints, and to request these courts to review the verdicts of other courts.

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- How would you evaluate the effectiveness of the Ombudsman institution in Russia today?

- We manage to reinstate violated rights in 5 percent of the cases we handle. This may seem low, however one should bear in mind the circumstances that can affect success indicators of the Federal Commissioner’s work. First, citizens’ applications are accepted for review by the Commissioner only after the decisions or actions have already been appealed and reviewed through traditional administrative or judicial means. Essentially, the cases the Commissioner takes on have passed a judicial review in which the most obvious violations of the rights of person and citizen were eliminated. Thus the complaints involving the most complicated issues that require significant efforts to resolve are the ones that appear on the Commissioner’s desk, and then only after the complainants received a denial in the appropriate administrative and judicial bodies.

Second, the Commissioner undertakes systematic work on preventing human rights violations that aims to prevent rights violations before they occur. Thus, the more successful the Ombudsperson is in these activities, the less likely it is that the cases that do make it to the Ombudsperson will be simple or easy examples of rights violations. These cases of “rights reinstatement” are not counted in success indicators.

Third, the efficiency of the Ombudsman institution depends on the ability to bring the process of reinstating citizen’s rights to its logical completion. There have been examples when reinstatement of citizen’s rights took quite a lot of time, often due to refusals to satisfy the Commissioner’s well-founded petitions, including refusals at the governmental level in the RF.

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In addition, over the 10-year operation of the Federal Commissioner it has been possible to identify a number of problems related, on the one hand, to the imperfection of existing legislation, and, on the other hand, to the inadequacy of public knowledge and understanding of the Ombudsman institution and the role it plays in Russia. It has been demonstrated in practice that the FCL “On the Commissioner for Human Rights in the Russian Federation” requires substantial adjustment. The main problems stem from the fact that the Commissioner lacks the right of legislative initiative, and has limited opportunities for applying to the Constitutional Court (including with the issues involving interpretations of existing legislation and international treaties). Provisions of Article 36 of the Law, which stipulates the liability of officials for breach of duty, are not implemented (due to the absence of a carefully defined framework). Provisions of Article 5 of the FCL do not set out clear frameworks for cooperation between the Federal and Regional Commissioners and are an obvious impediment to the development of an efficient system for the public defense of human rights that encompasses the entire RF. Imperfections in the regulatory legal framework impede the development of the institution of the Commissioner for Human Rights in the RF and its constituent entities. The short-term objective is to adopt the Federal Law „On basic activities of the Commissioner for Human Rights in a constituent entity of the Russian Federation.“ This law will establish a general framework for the activities of this institution (in particular, for the relations with bodies of federal authority in constituent entities.) It will also define the mechanism of interaction between the Federal and Regional Commissioners, resolving some of the issues that are still unsolved by the FCL. The successful formation of a state sponsored system of out-of-court defense of human rights requires the establishment of a post of the Commissioner for Human Rights in every constituent entity of the RF. At this time, Commissioners operate in 44 constituent entities of the RF. Further development of the institution of the Commissioner for Human Rights in the RF, expansion of its presence in constituent entities of the Federation, provision of practical assistance in handling complaints and applications regarding the issues of violations of the rights and freedoms of person and citizen, tracking of final results of this work by the Commissioner in the regions of Russia that do not have a Commissioner for Human Rights – all of these are linked to an expansion of the network of Offices of the Commissioner for Human Rights in the RF. Offices have opened and are operating in the city of Moscow, in Kostoma, Voronezh, Kurgan, Ryazan, and Smolensk Oblasts, and in the city of Volgodonsk in Rostov Oblast. These offices provide citizens free legal advice on the defense and reinstatement of their rights and freedoms.

Despite the difficulties we face with the formation of a holistic system of out-of-court defense of human rights and freedoms, I can say with confidence that the institution of the Commissioner for Human Rights in the Russian Federation is successfully established.

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Ms. Margolina T.I., Co-Chairperson of the Steering Committee under the Commissioner for Human Rights in the RF and the Commissioners for Human Rights in constituent entities of the RF, and the Commissioner for Human Rights in Perm Krai, tells us about the development of the institution of the Commissioner for Human Rights in constituent entities of the Russian Federation.

Session of the Steering Committee under the Commissioner for Human Rights in the RF and the Commissioners for Human Rights in constituent entities of the RF. Left to right: Ms. Skupova I.A., Commissioner for Human Rights in Samara Oblast; Ms. Margolina T.I.; Mr. Zelnikov Y.I., Commissioner for Human Rights in Kaluga Oblast; Mr. Zumakulov B.M., Commissioner for Human Rights in the Republic of Kabardino-Balkariya.

- Article 5 of the Constitutional Law of the RF “On the Commissioner for Yet, the establishment of effective reHuman Rights in the RF“ allows for gional human rights defense institutions the appointment of the requires both the support of the ComCommissioner for Human Rights in missioner of the RF and the cooperation a constituent entity of the RF. As Mr. Lukin V.P. has already pointed of Regional Commissioners out, at this time 44 constituent entities of the RF have adopted regional laws “On the Commissioner for Human Rights”, 38 of them have their own Commissioners for Human Rights, and 18 constituent entities have Commissioners for Children’s Rights.

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No vertical lines of authority exist between Commissioners in Russia. This is due to the fact that Regional Commissioners are appointed by the bodies of representative authority in constituent entities of the RF, and not a centralized Commissioner’s office. Yet, the establishment of effective regional human rights defense institutions requires both the support of the Commissioner of

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the RF and the cooperation of Regional Commissioners. The recognition of the necessity for building horizontal connections led to the establishment of the Steering Committee in 2003.

Today, many of the Commissioners for Human Rights in constituent entities of the RF have tools of influence that are unique to the regions: most importantly, legislative initiative and the right to unobstructed visitation of all establishments and bodies of state authority. Thanks to the agreements on cooperation with all supervisory bodies and non-governmental human rights organizations formed by the expert community, they achieve regular results in the protection of human rights (especially children’s rights) and in the prevention of these violations.

Examples of legislative initiative.

Changes made to the Statute of Perm Krai (adopted by the Legislative Assembly on 19 April 2007) A separate chapter entitled “Rights and Freedoms of Person and Citizen” was introduced A post of the Commissioner for Human Rights in Perm Krai was established The right to legislative initiative was secured The methods for civil involvement in the management of public affairs were expanded (organization of public reviews of socially important decisions taken by bodies of state authority prior to their implementation; and participation in the development of regulatory acts by bodies of state authority; civil control over the activities of bodies and establishments of state authority).

Draft laws developed “On national and cultural autonomy in the Republic of Kalmykia” “On interaction of bodies of state authority and public associations in the Republic of Kalmykia” “On nationwide discussion of draft laws of the Republic of Kalmykia and other most important issues of governmental functions of the Republic” Draft laws submitted by Regional Commissioners “On making amendments to the Federal Law ”On public social assistance” - submitted to the State Duma of the RF by the Commissioners for Human Rights in Kaliningrad and Sverdlov Oblasts “On making amendments to Article 38 of the Law of the Russian Federation No. 5473-1 dated 21 June 1993 “On the establishments and bodies administering criminal punishment in the form of imprisonment” prepared and submitted by the Commissioner for Human Rights in the Republic of Tatarstan (the law, which entitles the Commissioners of constituent entities of the RF to visit the said establishments without a special permission, was adopted)

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Children’s Rights Protection in the Regions The Steering Committee of the Commissioners for Human Rights addressed the Government of the RF regarding the problem of absence of resources in the regions necessary for solving the issue of housing for orphan children. As a result, on 21 March 2007, the Government of the RF adopted resolution No. 167 “On endorsing the rules for providing subsidies from the federal social co-financing budget for partial compensation of expenses incurred by RF budgets when providing housing to orphan children, children without parental care, as well as children under guardianship, who have no permanent housing.”

There are more examples of successful protection of children’s rights from other regions of the RF. In Sverdlovsk Oblast, Perm and Krasnoyarsk Krais, regional systems for legal and civic education of children and youths were created. The following textbooks were written for use at primary schools in Sverdlovsk Oblast: “First-class stories about human rights” for first grade pupils; „True stories about rules and rights”, “Fascinating stories about rights” for second and third grade pupils, all written by a unique community of children’s writers, psychologists and legal scholars. Other initiatives targeted at children have also been sponsored by the Commissioners in a number of regions. These include systems for placing children in adoptive families, which protected the right of the child to upbringing in a family setting in Perm Krai, the law “On prevention of neglect and delinquencies among minors” in Arkhangelsk Oblast, and the extremely important pilot projects on juvenile justice that have been implemented in Krasnoyarsk and Perm Krais. Other projects include ones that focus on protecting children from violence in Tatarstan, and that test municipal models of overcoming poverty among children in rural areas. The second project has been implemented in Arkhangelsk Oblast within the framework of the UNESCO Programme “Children in Need.”

To effectively protect the rights of children in the modernizing social sphere, Regional Commissioners conduct a review of proposed legislative changes on a daily basis. For instance, both systemic measures as well as individual responses have been used to address the reorganizing of educational establishments that is part of the process of modernization of the educational system. In Perm Krai, the Commissioner issued a special report “On observing the rights of children in the process of reorganizing and restructuring educational establishments.”

More targeted responses are found in Arkhangelsk Oblast where the Commissioner has defended the right to continuing education for young disabled persons and in Perm Krai and Sverdlovsk Oblast where the Commissioners have defended that same right for orphaned children.

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Specialized Commissioners in the Regions of the RF In order to enhance the effectiveness of the Ombudsman institution in Russia, we need to form a new structure for state protection of human rights – the Specialized Commissioner for Human Rights. These are envisioned as Ombudsmen for children, but they do not need to be exclusively so. In Krasnoyarsk Krai, for example, the law “On the Commissioners for Human Rights of indigenous minority populations” was adopted in October 2007. I also do not rule out the possibility of appointing Commissioners for Human Rights for migrants or convicted offenders in some regions. There are precedents for this.

For example, according to Ms. Lukashova N.F., the Commissioner for Human Rights in Saratov Oblast, in 34 municipal districts of the oblast much work is performed by public aides of the Commissioner, whose activities make this institution an even more accessible and effective tool for protecting the rights of the oblast’s residents. There are also special public aides: Commissioners for the rights of convicted offenders incarcerated in correctional institutions of the Federal Penitentiary System (“FSIN”) of Russia in Saratov Oblast. They provide legal and advisory assistance to incarcerated persons, assist with their reintegration into society, search for relatives and children, assist with issues of pensions and healthcare, and advise incarcerated persons on other related issues. Similarly, Commissioners for the rights of school children have worked with all junior and senior high schools since 1 September 2002. Their efforts are aimed at enhancing the knowledge of legal aspects among teachers, pupils, and parents.

Regional Commissioners and Out of Court Settlements According to Ms. Skupova I.A., the Commissioner for Human Rights in Samara Oblast, out-ofcourt settlements are a constructive way to resolve social disputes, and this method has been institutionalized. Found under the Regional Commissioner for Human Rights is the Commission on Settling Social Disputes, which at first was responsible only for examining disputes arising between disabled persons and government officials in order to reinstate the violated rights of the former. The disabled are not only one of the most vulnerable social groups, they are also a large group with a population of more than 200,000 in Samara. Due to their physical limitations they have difficulty visiting offices of officials and have limited access to services they are entitled to. The Commission began to examine the systemic barriers that prevent citizens with physical disabilities from fully realizing their rights. These included problems caused by passing medical examinations to the end of prescribing a programme of personal rehabilitation; availability of technical means of rehabilitation; and malfunctions of the „social taxi“ in the oblast. Today, the scope of the Commission’s activities has expanded beyond addressing issues only relevant for disabled people. It attempts to

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utilize highly-qualified experts and recognized professionals in the relevant fields of law, medicine, social work, education, and environment to help settle disputes. The credibility of these specialized association representatives enhances the trust of conflicting parties in the decisions of the Commission, decisions that tend to be advisory and collaborative rather than mandatory.

Session of the Commission on Settling Social Disputes under the Commissioner for Human Rights in Samara Oblast, dedicated to finding a simplified mechanism of re-examining disabled persons to the end of prescribing a programme of personal rehabilitation. November 2007.

Regional Commissioners and the European Court of Human Rights Ms. Zakharova F.N., the Commissioner for Human Rights in the Far North, in the Republic of Sakha (Yakutia) has had the experience of helping citizens lodge complaints to the European Court of Human Rights. The Commission regularly targets members of the public with activities designed to increase awareness on their right to apply (complain) to the European Court of Human Rights. It also provides advisory assistance, sample complaints with an indication of the address of the Court and the deadlines for submitting complaints, explanations of what issues can be reviewed in Court versus what issues are outside of its scope of authority. Members of the public are offered legal education in the form of seminars, conferences, and consultations with lawyers, other relevant persons, and public associations. In cases that the Commissioner for Human Rights assists on, a document called the Opinion is drawn up by the Commissioner to identify the violations being challenged, and to give recommendations on the feasible and necessary measures to reinstate the violated rights.

In Sakha, the Commissioner applied to the European Court of Human Rights to address the violation of property rights of citizens who owned special-purpose clearing house checks meant for purchasing passenger vehicles in 1991-1995. A change in the terms and conditions of liquidation of government debt obligations considerably worsened the situation of citizens who owned special-purpose checks meant for the purchase of automobiles. Other grounds for applying to the European Court of Human Rights have been: violations of property rights, of the right to fair

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trial in a case involving housing issues, of the pensioners’ right to property, of the right to fair trial in criminal and civil courts. Ms. Sakha provided assistance in preparing applications for the European Court of Human Rights to all the complainants who had gone through judicial bodies, and suffered from non-compliance with a court order or from an unfair trial.

Having summarized the outcomes of work conducted by Regional Commissioners to the Steering Committee in September 2007, we are convinced that they succeed in reinstating violated human rights in 12 to 20 percent of the cases in constituent entities of the RF. They have also managed to take an active role in improving regional and federal legislation and have become a viable regional human rights protection institution in the modern Russia.

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UN support to the Ombudsman Institution in Ukraine On 10 December 2007 the UN signed a Memorandum of Understanding (MOU) and an accompanying action plan with Ukraine’s Ombudsman office. The MoU was signed on Human Rights Day to launch a one-year joint campaign to commemorate the 60th anniversary of the Universal Declaration of Human Rights and the 10-year anniversary of the Ombudsman office in Ukraine. Joint activities include the organization of parliamentary hearings on persons with disabilities and the publication of a report containing all state and shadow reports by UN human rights institutions.

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Lady Justice is the informal name of Nina Karpachova, the Ombudsperson in Ukraine he Yard in Lviv. The snow-covered wooden gate squeaked. Together with the Ukrainian Parliament Commissioner for Human Rights, we are in the yard of a house on a remote street in the town of Gorodok in Lviv Oblast. The mistress of the house is already waiting for us, and she invites us into her cozy dwelling. This is where, in April 1996, she said her last goodbyes to her 26-year-old son.

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These are the recollections of my first minutes spent with Nina Karpachova, who came to our small town to meet with my compatriot, Ivanna Mozola. Ms. Karpachova was investigating the death of her son, Yuri Mozola, which occurred while he was in a Ukrainian Security Service (SSU) cell in Lviv. Sighing, the mother tells us the story: „They took away my son at the end of March and three days later I was told he had died. How was it possible that a healthy person in the prime of life died so quickly? It was only later on that it became known that he had been savagely tortured and beaten in order to make him give the law enforcement officers the information they needed. My son is gone now, as if he were never with us. I have only one hope left, and it’s you, Nina Ivanovna.”

Yuri Mozola, a 26 year old car mechanic, was detained by law enforcement officers following the denunciation of a demented woman. He was groundlessly charged with terrible crimes – the killings of 12 residents from the village of Bratkovichi, also located in Gorodok District. After Yuri had already died, it was proven that the real murderer was Anatoly Onoprienko, a notorious serial killer who had claimed a total of 52 lives.

At the Lviv SSU detention facility, Yuri Mozola was hideously tortured. When his body was released to his parents, they found that his hair had gone grey and that there was not a single unbroken bone in his arms and legs. As his interrogators tried to pin dozens of crimes on the deeply religious Christian, Yuri made the only choice that was morally acceptable to him: death was better than the loss of his dignity and integrity.

The Lviv Oblast Procurator’s Office initiated a criminal case to investigate Yuri’s death. The Lviv Court Martial of the Western Region of Ukraine investigated for nearly five years. Both the staff

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at the pretrial detention facility of the Lviv SSU and the oblast‘s Procurator‘s Office were found guilty. They were punished, but the punishments were purely symbolic.

As for the parents - Ivanna and Ivan Mozola – they, after the unspeakable ordeal they had gone through, were not even recognized as victims or civil claimants by the court. Ivanna Mozola, wiping away her tears, asked Nina Ivanovna, “I know that all the money in the world will not bring my flesh and blood back to me... But why are they mocking us?”

Trying to console the still-grieving mother, Nina Ivanovna said: „Human life is invaluable, and no amount can bring your son back. But if the state has taken your son away from you, it must take responsibility for it. It is my obligation, both morally and legally - to help you find at least some justice.„ This meeting with Yuri Mozola’s parents took place in December of 2000. Soon after that, Nina Karpachova petitioned to sue the Security Service of Ukraine and the Procurator’s Office – an unprecedented event in the Ukraine, and indeed, in all post-Soviet states. At the first court hearing in the Frankovsk District Court in Lviv the Ukrainian Ombudsperson stated: “If my petitions to sue are not granted, I will be forced to apply to both the Supreme Court of Ukraine and to the European Court of Human Rights.”

This was an unheard of challenge to the “caste of the invincible” and to the entire system of repression, but it was one that was supported by society. On 28 May 2002 the court recognized the Mozola family’s right to damage compensation. The Lviv SSU and Procurator’s Office were ordered to pay the victims 150,000 hryvnyas. Justice was served this time, but as the case of Yuri Mozola showed, his death was not merely the result of security agents exceeding their bounds, but of a system in which security agencies use illegal means of investigation as standard practice when dealing with people.

The Suppression of Speech Such examples are numerous and can be found all over the Ukraine. This is proven by the numerous complaints referred to the Ombudsperson and by facts and figures published in the media. After the groundbreaking and widely publicized Mozola case, Nina Karpachova concluded that law enforcement officers in the Ukraine, when unable to solve crimes through legal means, often resorted to more violent methods.

Similar brutal methods of investigation and interrogation were also applied to the famous journalist, Vladimir Lutyev, editor of the newspaper The Evpatoriya Week and one of the few

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people brave enough to take on the Crimean mafia . In this case, Crimean authorities utilized methods to suppress freedom of speech that, until then, had been unheard of. They tried to rid themselves of the journalist through a series of endless investigatory measures, psychological and physical tortures, and incarceration.

Mr. Lutyev was first arrested was in 2002 on false and trumped-up charges. The case lasted for more than 5 years, and in the end, Mr. Lutyev received a sentence of 8 years imprisonment.

Again, it was Nina Karpachova who stepped forward to defend human dignity.

“After Vladimir Lutyev’s collegues in the Crimea contacted me,” Nina Ivanovna recollects, “I immediately started a case aimed at halting the intimidation and harassment of a journalist who was father to two children and also a disabled person.” Mr. Lutyev, after enduring these ordeals for five years, was suffering from rapidly deteriorating health and the situation was dire.

Finally, on 15 March 2007, at a hearing in the Supreme Court of Ukraine, with the Commissioner for Human Rights present, the Court reversed the judgment of the Sevastopol Court of Appeal and Vladimir Lutyev was released from custody.The next day, at a well-attended pressconference held at the leading news agency UNIAN, and broadcast live all over the country, the Crimean journalist said: “I owe my life to Nina Ivanovna Karpachova.”

Yet for all of the happy endings, there are countless sad ones. Igor Alexandrov, a journalist and broadcaster from the town of Slavyansk is one such case. After having been deprived of his right to report on a judicial proceeding, he was killed by corrupt policemen in the hallway of his own apartment block. They did so in order to prevent him from publicizing an audio recording of the confession made by a mafia boss about committing a grave crime.

Lesya Gongadze provides another unfortunate example of the work Nina Karpachova must undertake. In 2000, the entire world was terrified to learn about the involvement of top Ukrainian officials in the disappearance of the journalist Georgy Gongadze. A decapitated body found in Taraschan District was offered for identification, but Ms. Gongadze refused to recognize it, and he – Georgy or not – remains unburied. How can a mother live through this? “In my most bitter moments, when my heart was heavy, it was Nina Karpachova who saved me from despair,” Lesya Gongadze told us. “She accompanied me to courts, to procurator’s offices - she gave me the strength to go on, so that I wouldn’t do anything to myself. She doesn’t leave me today either. That’s why I am so grateful to her for everything, and I will be forever.“ Those were the years, at the turn of the millennium, when the Ukrainian authorities waged a brutal offensive against freedom of speech. Perhaps the only person who courageously fought for the right of journalists to speak the truth was the Ombudsperson, Nina Karpachova.

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Therefore, it was no accident when, in June 2003, the National Union of Journalists of Ukraine awarded the Commissioner for Human Rights with the All-Ukrainian Ivan Franko Prize – “for persistent protection of journalists from illegitimate restriction of their rights and freedoms, for constant support of mass-media representatives in the exercise of their professional duty.”

During my first interview with the Commissioner I could not help asking the question: „In your opinion, what is the role of mass media in our extremely politicized time?“ “ I have idealistic hopes for the media in our country, but much to my regret the media is not what I envisioned it as,” Nina Ivanovna replied without hesitation. “The press in Ukraine has failed to become the fourth branch of power and indeed, has come to need protection from all sorts of oppression The press in Ukraine has failed itself. Suffice it to say that, today the to become the fourth branch of Ukraine ranks 105th among 168

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power and indeed, has come to

countries in the world in a ranking of need protection from all sorts of freedom of speech. I think this shows oppression itself that we still have many problems with freedom of speech, despite all the positive steps that have been taken in recent years. At the same time, there is a completely realistic danger today that our mass media will change from being ardent defenders of democracy into puppets of wealthy masters. Into servants, that is. And then life will be very hard for those journalists who do not wish to betray their duty and principles – for those who wish to stand up for truth, human rights, and the interests of the people.

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Bursting with our pain “I bear my cross, because I am a mother, a mother who lost her son. But how can your heart take all our pain?” Lesya Teodorovna asked Nina Karpachova in Lviv. “Last night you went to Yuri Mozola’s mother, and in the morning you came to me. Every one of us shares our pain and our anguish with you, yet you continue. I will pray to God for your heart, so that it doesn’t burst with our pain.”

There are countless stories of mothers that Nina Karpachova has comforted and saved from bearing their grief alone in the Ukraine. The mother of the irrepressible Ukrainian opposition activist Yuliya Timoshenko is another example. I asked the Commissioner for Human Rights: “You decided to go visit Yuliya Vladimirovna in her jail cell after she had been placed under

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arrest. I have heard that that her mother, whose legs were paralyzed, actually stood up from her bed and started praying for you when she heard that you were going? Is it true?”

Nina Karpachova replied, “Yes, it is true. I learned about it from Yulia Timoshenko after she had been released from the Kiev pretrial detention facility. The fact that her mother stood up from the bed meant a lot to me. I received threats from very influential people on my way to the Lukyanovsky detention facility – they kept calling me on the phone, demanding that I refrain from making that visit – and I had absolutely no doubt that Ms. Timoshenko was a courageous person, that she could endure everything... but, above all else I was concerned about her mother. Just as I am concerned about all the mothers who worry about their children, children who Injustice takes root where there is no suffer from the hideous actions of respect for human rights, where human law enforcement officers.”

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dignity is not respected. This is primarily the fault of the authorities that hide behind the name of the State and are not fully accountable to the people

A terrible tragedy during an airshow at the Sknilovsk Aerodrome near Lviv in 2002 turned the place into a cemetery almost instantly. Together with the victims, relatives, and friends of the people who perished, Nina Karpachova raises the question of state recognition of the status of victims of such tragedies, and the difficulties in seeking justice. As the Commissioner herself has pointed out, it is difficult to help others when you cannot help yourself. She reiterated this opinion at the presentation of a multi-author monographic study entitled„The Problems of Exercising the Rights and Freedoms of Man and Citizen in Ukraine„ published by the Kiev-based publishing house “Juridical Thought” on the eve of the 11th anniversary of the Ukrainian Constitution. Is it the opinion of the Commissioner that

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Ukraine has a bad Basic Law? “To the contrary,” Nina Ivanovna says. “But the point is that the legal consciousness of the people who are in charge of implementing constitutional norms and laws is not yet based upon the principles of the rule of law. Much has been declared, but little has been done.

Injustice takes root where there is no respect for human rights, where human dignity is not respected. This is primarily the fault of the authorities that hide behind the name of the State and are not fully accountable to the people. The Ombudsperson’s powers in the sphere of protecting human rights and freedoms are limited. In particular, the Ombudsperson is still not endowed with the right to legislative initiative, and he/she cannot be a full participant in court proceedings.”

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Advocate of the millions, defender of the unprotected For more than 10 years the Ukrainian Ombudsperson Nina Karpachova has been known as„the advocate of the millions and the defender of the unprotected„. She was the first official in the Ukraine to publicize at Parliament proceedings information on violations of human rights and freedoms in places of detention, where such disgraceful practices like torture still flourish. She pays„visits without advance notice„ to interrogation rooms, temporary detention facilities, pretrial detention centers, and correctional establishments in different regions of Ukraine. When appropriate, like was the case after she began her investigations into cruel and humiliating treatment, she conducts public hearings and asserts appropriate claims to the authorities.

The Ombudsperson often unconditionally defends victims in the Ukraine. Her support for Alexander Kirilyuk from Lugansk, who at 23 years of age had become disabled and crippled as a result of torture perpetrated by the police, is one such instance. However, Nina Karpachova’s work to protect the rights of Ukrainians extends beyond even the borders of her country. In Azerbaijan, she successfully secured the release of and helped repatriate Alexander Kazantsev, a Class 1 airplane pilot that had been arrested after a plane crash there in 2004. But it is probably the story of Zinaida Voloshina, whose uncontainable tears of hope and relief ran down her face on her return to the Ukraine, which best illustrates Ms. Karpachova’s dedication.

Zinaida Voloshina, with her little daughter, moved to Abkhazia from the Ukraine in 1987 for family reasons. Far away from her native land, Zinaida found herself in a tragic situation, living through a military conflict, and then, wrongly condemned to death. She was detained in terrible conditions in a temporary facility that offered no fresh air, no medical aid, and no exercise. Five years in constant expectation of execution was an almost unbearable emotional torture for the young woman. She lost all hope; she doubted that she would ever return to her native Ukraine, that she would ever see her mother, her children, and her friends and relatives again.

At the end of February 2007 the Council of Europe Commissioner for Human Rights Tomas Hammarberg approached the Nina Karpachova with a request to protect Zinaida Voloshina’s right to life. She had been in prison in Abkhazia for 13 years already. During the course of her imprisonment, she became very sick and bed-ridden. By 2007, it had been 5 years since she had walked on her own. It was clear that she urgently needed emergency medical treatment and care. Nina Karpachova’s efforts helped free her from prison, spare her from being executed, and repatriate her. With the Ombudsperson’s assistance, Zinaida obtained a Ukrainian passport, checked into the Simferopol Center of Diagnostics for medical treatment and rehabilitation, and eventually started to walk on her own again.

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Zinaida Voloshina, a resident of the Crimea condemned to death in Abkhazia, gives flowers to her saviors Nina Karpachova and Tomas Hammarberg. 14 April 2008, Kiev.

In a recent letter addressed to the Ukrainian Ombudsperson, the Council of Europe Commissioner for Human Rights, Tomas Hammarberg, wrote: “I am glad that the case of Zinaida Voloshina has been successfully resolved. For me this case is a brilliant example of cooperation between human rights activists, the Secretariat of the Ukrainian Parliament Commissioner, and my Office, that resulted in an utterly positive outcome. I wish all the best to Ms. Voloshina.”

Mr. Hammarberg had the fortune to see with his own eyes that Zinaida Voloshina had recovered at the International Conference “Contemporary Challenges to Human Rights and Freedoms.” The Conference took place in Kiev on 14 April 2008 - the 60th anniversary of the Universal Declaration of Human Rights and the 10th anniversary of the establishment of the Ukrainian Parliament Commissioner for Human Rights. Both Mr. Hammarberg and Ms. Karpachova were present to witness the formerly bed stricken prisoner present them with flowers and words of gratitude.

Wherever They May Be Since 2003 the Commissioner has been concerned about the problems related to Ukrainian labor migration. Her Special Report to Parliament, entitled “The State of Observance and Protection of Rights of Ukrainian Citizens Abroad” highlights the problems that economic migrants face. In the past, she has worked diligently to free Oleg Tuzhansly from a Chinese prison, and has done the same for dozens of other Ukrainians who have been detained or incarcerated in places like Turkey, Greece, Poland, and the Russian Federation. In Lyublin, Poland, she struggled for five years to win an out-of-court settlement for the family of Sergei Kudra, an economic migrant from Kiev who was shot and killed by a Polish policeman.

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“Of course, people move abroad because their life is not too good here,” Nina Karpachova says.

“They are compelled to become economic migrants, pushed to take this step by authorities that are unable at this point in time to provide citizens with decent jobs, good levels of professional training, or decent wages. Today, Ukrainian economic migrants are forced to provide for their children and parents by working in slave shops abroad, and their children become orphans, their families fall apart. This is the gruesome reality for not only Ukraine but for many other countries in the world.”

Nina Karpachova was the first person in the Ukraine to begin combating international trafficking in human beings. She is the author of the Ukrainian law that defined “trafficking in human beings“ and established criminal liability for this crime. The National Steering Committee on Prevention of Trafficking in Human Beings was established under the Ombudsperson and has since attained widespread international recognition. Linked to this, the Ombudsperson has initiated and authored a number of draft laws that seek to prevent uncontrolled adoption of orphan children.

For Nina Karpachova there is no such thing as someone else’s sorrow. The Commissioner for Human Rights is always where she is called for, where her help and support are needed. Over the past 10 years, she has helped almost a million people through her selfless work. She does not classify people into political, religious, or racial groups, nor does she classify by any other attributes. As Nina Karpachova says, „I protect the rights of an individual person, not the rights of political parties.” She works with compassion and care, investing herself into her work. This is the reason why she has been the irreplaceable Ombudsperson, a person who has been elected for the third time to fulfill this selfless and risky role. It is also why she opens her annual reports on the observance and protection of human rights and freedoms in Ukraine with these poetic lines about the dignity of Man, written by the brilliant Vasili Simonenko: Do you know that you are a Man? Do you realize it or not?

Your smile is one of a kind, Your torment is one of a kind, Unique are the eyes that are yours. ...

Because you are a Man on this earth...

Miroslav Malakhivsky Jornalist, Editor of the district newspaper “Narodna Dumka” The town of Gorodok, Lviv Oblast, Ukraine

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