RAPPORTEUR GROUP

Democracy

GR-DEM(2020)6

13 March 2020[1]

Council of Europe Action Plan for Ukraine 2018-2021

Progress Review Report (1 January 2018 – 31 December 2019)

 

Document prepared by the Office of the Directorate General for Programmes

Item to be considered by the GR-DEM at its meeting on 2 April 2020

 

 

EXECUTIVE SUMMARY

The Committee of Ministers (CM) adopted the Action Plan for Ukraine 2018-2021 at its 1308th meeting on 21 February 2018.

This report describes the results of the implementation of the Council of Europe Action Plan for Ukraine 2018-2021 (Action Plan) and covers the period from 1 January 2018 to 31 December 2019. It neither aims to discuss the general political, social and economic situation in the country, nor does it set out detailed information on individual projects. It presents the major achievements to date in each sector in the context of clearly defined objectives and reflects on the effects of gender mainstreaming on the objectives of the Action Plan, where applicable.

Building on the good progress achieved in 2015-2017 at the legislative and institutional levels, in 2018-2019 the Council of Europe and its Ukrainian partners focused on implementing new legislation and policies as well as on enhancing the capacity of national institutions to implement reforms.

Since the new government’s formation on 29 August 2019, it has taken a bold approach to reforms. The number of legislative acts adopted since the early parliamentary elections in July 2019 is unprecedented. The transition of power to a new political force and the policy to reduce the number of public institutions and ministries announced by the new authorities posed certain challenges to the Action Plan’s implementation because of staff changes in the partner institutions and the need to secure alignment with the Council of Europe’s standards and recommendations. The Council of Europe presented to the new authorities a comprehensive summary of the results of the previous actions as well as the programming outline for the future based on the Council of Europe standards and monitoring results. In the second half of 2019, the Council of Europe focused successfully on sustaining a strong partnership with the authorities, civil society, professional groups and international partners; capacity building for operational staff continued and co-operation and co-ordination with national partners intensified.

Positive developments can be reported in a number of priority areas in 2018 and 2019, resulting in particular in enhanced legislative and institutional frameworks for protecting human rights, including those of Internally Displaced Persons (IDPs) and Roma; the introduction of a rehabilitative approach to offenders in the penitentiary system; a fully operational public broadcasting service; amalgamation of communities and capacity building of public administration as part of the decentralisation reform; and an enhanced capacity of media and non-governmental organisations (NGOs) to monitor and report on elections. Furthermore, the internal regulations of the prosecution service were brought more into line with Council of Europe standards, and the capacity of in-service training institutions and universities to provide training on the Council of Europe’s standards was increased. Steps were taken with a view to improving the legal framework and institutional capacity to implement the European Convention on Human Rights (ECHR) at national level, notably ratification of Protocol No.16 to the ECHR, on 2 March 2018, the establishment of an individual

constitutional complaint mechanism and concrete measures to execute specific judgements of the European Court of Human Rights (ECtHR). In addition, work on disseminating good practices regarding civil society participation and gender mainstreaming at all levels was carried out.

Nevertheless, there is a need to continue efforts to ensure the long-term sustainability of the reforms. Much still needs to be done to ensure the implementation of new legislation and to make the reformed institutions fully operational, to counter corruption, to increase the independence and accountability of the prosecution service, to enhance the protection of minorities and minority languages, to promote social rights, to improve the execution of domestic and ECtHR judgments and to complete the decentralisation reform at all levels. Constitutional amendments on decentralisation are still pending, the electoral reform is incomplete, the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) has not yet been ratified, and recommendations on protecting minorities’ linguistic and educational rights have not been fully implemented.

The Action Plan contributes to the implementation of the United Nations 2030 Agenda for Sustainable Development, by supporting United Nations Sustainable Development Goals (SDGs) 4 - on quality education; 5 - on gender equality; 10 – on reduced inequalities; and 16 - on peace, justice and strong institutions. The Council of Europe’s work in Ukraine is also linked to the achievement of goal 11 – on inclusive, safe, resilient and sustainable cities and human settlements.

As at 31 December 2019 the Council of Europe Action Plan for Ukraine 2018-2021 had received a total of €29.3 million (99% of the total budget of €29.5 million). The donors to the Action Plan were (by order of amount): the European Union, Sweden, Norway, Canada, the Human Rights Trust Fund (HRTF),[2] Switzerland, Denmark, Germany, Finland, the Netherlands, Ireland, Luxembourg, the Czech Republic, Hungary, Lithuania, Liechtenstein, Poland, Turkey, Estonia, Latvia and Romania.

TABLE OF CONTENTS

EXECUTIVE SUMMARY. 1

LIST OF ACRONYMS AND ABBREVIATIONS. 4

1. INTRODUCTION. 5

1.1 GENERAL OVERVIEW.. 5

1.2 OVERALL ASSESSMENT AND MAIN ACHIEVEMENTS. 5

2. SECTOR REVIEW.. 9

2.1   Human Rights. 9

2.1.1 Protecting Human Rights. 9

2.1.2 Promoting Human Rights and Dignity. 10

2.1.3 Ensuring SOcial Rights. 14

2.2 RULE OF LAW.. 15

2.2.1 ENSURING JUSTICE. 15

2.2.2 STRENGTHENING THE RULE OF LAW.. 18

2.2.3 COUNTERING THREATS TO THE RULE OF LAW.. 21

2.3 DEMOCRACY. 22

2.3.1 STRENGTHENING DEMOCRATIC GOVERNANCE. 22

2.3.2 PROMOTING PARTICIPATION AND DIVERSITY. 26

3. IMPLEMENTATION AND CO-ORDINATION. 26

3.1 TRANSVERSAL ISSUES. 28

3.2 RISK MANAGEMENT AND SUSTAINABILITY. 30

3.3 LESSONS LEARNED.. 31

3.4 FUNDING AND PARTNERS. 32

Appendix I: LIST OF PROJECTS. 34

Appendix II: FUNDING INFORMATION. 37

LIST OF ACRONYMS AND ABBREVIATIONS

Action Plan

Council of Europe Action Plan for Ukraine 2018-2021

AUC

Association of Ukrainian Cities

CDDG

European Committee on Democracy and Governance

CEC

Central Election Commission

CM

Committee of Ministers of the Council of Europe

CMU

Cabinet of Ministers of Ukraine

Congress

Council of Europe Congress of Local and Regional Authorities

CPT

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

EaP

Eastern Partnership

ECHR

European Convention on Human Rights

ECtHR

European Court of Human Rights

ECRI

European Commission against Racism and Intolerance

ECRML

European Charter for Regional or Minority Languages

ECSR

European Committee of social rights

ECtHR

European Court of Human Rights

ESC

European Social Charter

EU

European Union

FCNM

Council of Europe’s Framework Convention for the Protection of National Minorities

FLA

Free Legal Aid

GR-DEM

Group of Rapporteurs on Democracy (CM)

GRECO

Group of States against Corruption

HACC

High Anticorruption Court of Ukraine

HCoJ

High Council of Justice

HELP

European Programme for Human Rights Education for Legal Professionals

HQCJ

High Qualification Commission of Judges of Ukraine

HRTF

Human Rights Trust Fund

IDPs

Internally Displaced Persons

Istanbul Convention

Convention on Preventing and Combating Violence against Women and Domestic Violence

Lanzarote Convention

Council of Europe’s Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

MinRegion

Ministry for Communities and Territories Development[3]

MONEYVAL

Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism

NABU

National Anti-Corruption Bureau of Ukraine

NAP

National Academy of Prosecutors of Ukraine

NGO

Non-governmental organisation

NSJ

National School of Judges of Ukraine

ODGP

Office of the Directorate General of Programmes

OGP

Open Government Partnership

OPG

Office of the Prosecutor General

OSCE

Organisation for Security and Co-operation in Europe

PACE

Parliamentary Assembly of the Council of Europe

PGG

European Union/Council of Europe Eastern Partnership for Good Governance

PMM

Council of Europe Project Management Methodology

Pompidou Group

Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs of the Council of Europe

SBI

State Bureau of Investigation

SDGs

Sustainable Development Goals of the United Nations

Tromsø Convention

Council of Europe Convention on Access to Official Documents

UA:PBC

Ukrainian Public Broadcasting Company

UN

United Nations

UNBA

Ukrainian National Bar Association

UNHCR

Office of the United Nations High Commissioner for Refugees

USAID

United States Agency for International Development

VC

Voluntary contribution

Venice Commission

European Commission for Democracy through Law

1. INTRODUCTION

1.1 GENERAL OVERVIEW

This report describes the impact of the implementation of the Council of Europe Action Plan for Ukraine 2018-2021 (Action Plan) and covers the period from 1 January 2018 to 31 December 2019. The Committee of Ministers (CM) adopted the Action Plan at its 1308th session on 21 February 2018. This report presents the major achievements during the reporting period in each sector, followed by appendices providing additional information. As it describes outcomes at the strategic level, it does not provide detailed information regarding individual projects implemented as part of the Action Plan.[4]

The Action Plan was developed taking into account judgments of the European Court of Human Rights (ECtHR) as well as decisions, resolutions, recommendations, report conclusions and opinions regarding Ukraine issued by the Committee of Ministers (CM), the Parliamentary Assembly (PACE), the Commissioner for Human Rights of the Council of Europe (the Commissioner), the European Commission for Democracy through Law (Venice Commission), the European Commission against Racism and Intolerance (ECRI), the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), the Group of States Against Corruption (GRECO), the Committee of Experts on the Evaluation of Anti-Money Laundering Measures (MONEYVAL), the European Committee of Social Rights (ECSR), the Advisory Committee on the Framework Convention for the Protection of National Minorities (FCNM), the Committee of the Parties to the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Committee), the European Charter for Regional or Minority Languages (ECRML) and the Congress of Local and Regional Authorities (the Congress). It also draws on the country’s reform priorities in the Council of Europe’s areas of expertise. In addition, it builds on the results of the previous Action Plan for Ukraine covering the period 2015-2017.

The Action Plan aims to contribute to overall stability and democracy in Ukraine. It assists the country in fulfilling its obligations as a Council of Europe member State by bringing legislation, institutions and practice further into line with the Council of Europe’s standards in the areas of human rights, the rule of law and democracy. The Action Plan includes the following sectors for co‑operation:

1.2 OVERALL ASSESSMENT AND MAIN ACHIEVEMENTS

The Council of Europe technical assistance programmes form an integral part of the unique strategic triangle of standard-setting, monitoring and co-operation: the development of legally binding standards is linked with their monitoring by independent mechanisms and supplemented by technical co-operation to facilitate their implementation. The Council of Europe’s actions are developed and implemented in areas where the Organisation has strong expertise and added value.

Figure 1: Council of Europe strategic triangle

This report was prepared using project reports, including from the European Union-Council of Europe Joint Programme Partnership for Good Governance (PGG), and available evaluation reports.[5]

The Council of Europe contributed to further institutional development based on its recommendations (e.g. the establishment of the new National Anti-Corruption Bureau of Ukraine (NABU), the Human Rights Department of the National Police, the State Service of Ukraine on Ethnic Policy and Freedom of Conscience). Through the Council of Europe Action Plan for Ukraine 2018-2021(Action Plan) national and international co-operation involving Ukrainian partners was strengthened (e.g. the Memorandum of Understanding among local government associations of Ukraine, the Republic of Moldova and Georgia). These developments helped to ensure continuity and the relevance of the Council of Europe’s assistance to the country’s reform process.

The main achievements for the reporting period are presented below.

Protecting and promoting human rights and dignity, ensuring social rights

Ensuring justice

Strengthening the rule of law

Countering threats to the Rule of Law

Strengthening democratic governance

Promoting participation and diversity

Following the elections held in 2019, the new government of Ukraine was formed on 29 August 2019. The Council of Europe’s programmes remain relevant to the reform process, although the implementation of some activities slowed to some extent during the elections., Contacts with the new authorities made it possible to introduce certain adjustments to the planning of the programmes implemented in Ukraine in the second half of 2019.

Nevertheless, a number of provisions adopted by the Verkhovna Rada in October 2019 which amend the Law “On Judiciary and the Status of Judges” of 2016 and the Law “On the High Council of Justice” of 2017 were subject to criticism of the Council of Europe.[13] The response of the Ukrainian authorities to the recommendations of the Venice Commission is expected.

Ukraine is taking active measures to contribute to the Sustainable Development Goals (SDGs) and to advance their implementation. So far the country has incorporated all 17 goals in domestic policies, with more than 172 national indicators to monitor the SDGs’ implementation. In meeting its objectives, the Action Plan has contributed to the implementation of several SDGs, in particular, goal 3: Ensure healthy lives and promote well-being for all at all ages, target 5; goal 4 Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all, targets 3, 4 and 7; goal 5: Achieve gender equality and empower all women and girls, especially targets 1, 2, 5; goal 10: Reduce inequality within and among countries, targets 2, 3 and 7; goal 11: on inclusive, safe, resilient and sustainable cities and human settlements and goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels, targets B, 2, 3, 4, 5, 6, 7, 10, 13. The Council of Europe’s work in Ukraine is also linked to goal 11, target 3.

2. SECTOR REVIEW

2.1       Human Rights

2.1.1 Protecting Human Rights

Enhancing the Effectiveness of the ECHR System at National and European Levels

The Council of Europe contributed to aligning the national regulatory framework and legal practice with  its standards on the reform of law enforcement bodies:

-          the State Bureau of Investigation (SBI) has set human rights as a priority in its strategic programme of activities to be implemented until 2022 following the Council of Europe’s recommendations; the special investigation unit[14] dealing with allegations of human rights violations by law enforcement officers was established within the SBI following the Council of Europe’s recommendations on the Kaverzin group[15] of cases relating to police abuse; 160 SBI staff members were trained in relevant investigative techniques. In 2020 the Organisation will continue to support the institutional development of the SBI, with a special focus on ensuring its independence and accountability as well as on enhancing its efficiency;

-          the Office of the Prosecutor General of Ukraine (OPG) developed in 2019 a draft concept on the strategy for combatting ill-treatment and torture in Ukraine, to be further transformed into the policy document. In October 2019 a specialised department on procedural supervision over the criminal proceedings on torture and other serious human rights violations by law enforcement agencies was created in the OPG;

-          amendments to the legal framework on data protection[16] will be presented to the Verkhovna Rada in 2020 following discussions at the level of the Co-ordination Council established within the Ombudsperson’s Office, with non-governmental organisations’ (NGO) representation;

-          Human Rights Education for Legal Professionals (HELP) courses on the European Convention on Human Rights (ECHR) and European Court of Human Rights (ECtHR) case law have been integrated into the training courses of the National School of Judges (NSoJ), the National Academy of Prosecutors of Ukraine (NAP) and the Ukrainian National Bar Association (UNBA).

-          awareness of ECtHR case law among national stakeholders has increased following the translation into Ukrainian and dissemination among national partners of more than 30 cases and over 30 legal summaries of relevance to the Council of Europe Action Plan for Ukraine 2018-2021 (Action Plan) priorities on issues such as minority languages, Roma rights, domestic violence and local democracy.

Through these actions the Council of Europe has contributed to the implementation of SDG 16 (specifically target 13).[17]

Ombudsperson and National Preventive Mechanism

Following the appointment of the new Ombudsperson, in March 2018, the Council of Europe contributed to enhancing the operational capacities of the Ombudsperson’s office as a National Preventive Mechanism (NPM). These were particularly strengthened in the most challenging area - psychiatric and social care institutions: initial steps were taken to integrate standards on ill-treatment prevention; senior officials and medical personnel received training in monitoring and reporting in line with the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and with the NPM’s recommendations. A human rights based guide for professional staff of psychiatric institutions “Ensuring good quality treatment and care for patients in mental health care establishments in Ukraine” was prepared and introduced at the end of 2019 as part of the professional training for the relevant medical staff.

In addition, the Council of Europe contributed to increasing the capacity of the Ombudsperson’s office to monitor the situation regarding Roma rights and to ensure protection of personal data (see the respective parts of the report for details).

These activities contribute to the implementation of SDG 16 (in particular target 6).[18]

2.1.2 Promoting Human Rights and Dignity

Anti-discrimination

In 2018-2019 the Council of Europe continued providing assistance to strengthen the capacities of law enforcement agencies, judges, lawyers, the Office of the Ombudsperson as well as non-governmental organisations (NGOs) and staff of free legal aid centres to counter discrimination. Together with the Ukrainian National Bar Association and the Ukrainian Helsinki Human Rights Union, the Council of Europe launched HELP online courses on “Labour Rights in the Light of the ECHR” and “Admissibility criteria”. Special training on the application of e-learning tools was dispensed to the certified tutors of the National School of Judges of Ukraine (NSJU) with a series of online tutored courses on “Labour Rights” covering anti-discrimination topics. In cooperation with the Ministry of Interior and the Academy of Police, the Council of Europe contributed to increasing skills of the law enforcement to identify, investigate and prosecute hate crimes against Roma. The results are to be assessed in 2020.

As a part of the regional joint project with the EU, the Council of Europe conducted a mapping of aggregated data gathering mechanisms on discrimination and hate crime. The recommendations will be followed up in 2020 with multi-stakeholder meetings and training.

Nevertheless, discrimination on the grounds of ethnic and sexual orientation remains a problem according to the European Commission against Racism and Intolerance (ECRI), as mentioned in its 5th cycle report adopted on 20 June 2017 and published on 19 September 2017. The Council of Europe will pursue efforts to help the country bring its anti-discrimination legislation further into line with Council of Europe standards.

These activities are linked to the SDG 16 target 16b.[19]

Minorities- National Minorities, Regional or Minority Languages

During the reporting period the Council of Europe continued to assist Ukraine in implementing its obligations under the Framework Convention for the Protection of National Minorities (FCNM) and the European Charter for Regional or Minority Languages (ECRML). The work focused on legislative, institutional and structural changes to enhance the protection of minority rights. Throughout 2018-2019, the Council of Europe facilitated the development of the system for consultation and participation of national minorities and issued a series of recommendations enhance the protection and recognition of minority languages.

In line with the recommendations of the Council of Europe monitoring bodies (FCNM and ECRML) to establish a dedicated institution dealing with national minorities and minority languages, in June 2019, the State Service of Ukraine on Ethnic Policy and Freedom of Conscience was established. Once fully functioning, it should ensure protection of national minorities and freedom of religion in Ukraine. The Council of Europe aims to support the institutional development of the State Service in 2020.

Moreover, the Council of Europe contributed to strengthening journalists, regional and local administrations and civil society’s capacity to combat prejudice and hate speech towards national minorities, including Roma.

The legislative framework for the protection of national minorities is still under revision. The Law on Education was adopted in September 2017. In December 2017 the Venice Commission issued an opinion whereby it concluded that Article 7 (on the language of education) should be amended.[20] In 2018 Ukraine continued the revision of its legislation on education, including minority language education. The Council of Europe issued an opinion concerning Article 5 “Language of Education at School”. The opinion included recommendations addressing concerns about discrimination raised by some representatives of minority languages groups. However, the relevant provisions of the latest version of the draft Law on General Secondary Education (December 2019) are not fully in line with European standards and the legal advice provided by the Council of Europe.[21]

The Law on Ukrainian as a State Language was adopted on 25 April 2019. The Venice Commission in its opinion found a number of provisions discriminating the users of minority languages. It called for revising the Law and for developing, without delay a new Law on Minorities which would ensure protection of minority languages.[22] The Council of Europe will support the process of drafting the new Law on National Minorities, aligning it with the FCNM/ECRML standards and ensuring consultation with national minorities.

In parallel, practical support was provided to implement new practices for monitoring and mapping the presence of Roma in the country and facilitating their access to identity documents. Methodologies and best practices on mapping of Roma and Traveller communities and on the registration of undocumented people were developed, and with the help of the Council of Europe a working group was formed, comprising the relevant authorities to create a fast-track procedure for issuing identity documents for Roma in the Kyiv, Transcarpathia, Kropyvnytsky and Donetsk regions. An awareness-raising campaign on solving the lack of identity documents among Roma was run at the instigation of the Council of Europe. In addition, journalists in the regions concerned have benefited from increased skills in combating prejudice and hate speech against national minorities, including Roma, following seminars held by the Council of Europe. This work was carried out in close co-operation with the Ombudsperson’s Office and the State Migration Service. The Ombudsperson’s Office received assistance in developing a plan for working with Roma communities. The outcomes of these activities will be assessed by the Council of Europe in 2020.

By strengthening the protection of national minorities and minority languages, including through capacity-building of relevant institutions, the Council of Europe contributes to achieving the following SDGs: Goal 4 – on quality education (target 3),[23] Goal 10 – on reduced inequalities (in particular, target 2)[24] and Goal 16 (especially target 16b).[25]

Rights of Internally Displaced Persons

In 2018-2019 the Council of Europe contributed to the protection of the rights of Internally Displaced Persons (IDPs) through:

-          assistance in enhancing compliance of the relevant legislative framework with European standards,

-          provision of technical expertise so as to enhance IDPs’ access to housing, sources of income and justice;

-           building the capacity of training institutions to enhance legal professionals’ skills in effectively protecting the rights of IDPs.

Gender mainstreaming remained an important factor in the context of protecting IDPs’ rights, as women make up 66% of IDPs according to statistics published by the United Nations High Commissioner for Refugees (UNHCR). The Council of Europe contributed to increasing local authorities, legal professionals, business and IDP-led NGOs capacity in developing gender-sensitive IDP integration plans as well as mainstreaming gender in legal practices.

The Council of Europe will help to ensure that the key new legislative initiatives are in line with its standards, including draft legislation on the basic rights of IDPs and other members of the conflict-affected population, covering compensation matters, better access to housing, durable solutions and  transitional justice. The Council of Europe upheld a timely advocacy and direct communication with newly elected members of the Verkhovna Rada, notably with re-structured Parliament Committee on Human Rights and its Subcommittee on IDPs.

IDP pensioners saw their access to allowances improved by a judgment of the Supreme Court of Ukraine.[26] Under this decision the practice of suspending the payment of pensions, as advocated by the Cabinet of Ministers of Ukraine (CMU) Resolution 365, was declared unlawful. This paved the way for similar judgments by other courts in Ukraine. Up to 55 % of IDP rights-related cases in 2019 referred to the ECHR and the ECtHR case law. These cases are decided mostly[27] in favour of IDPs, including cases on the non-execution of prior court judgements on pensions, social support and compensation matters. A compensation mechanism for property loss and/or damage caused by armed conflict was introduced by Cabinet of Ministers Regulation 623 on 10 July 2019. Budgetary implications are foreseen in the State Budget for 2020. The government’s housing program “Affordable Housing” has been made more transparent and has been better financed since 2018.[28] All the regions of Ukraine are eligible for a grant from the State Budget for the purchase and reconstruction of temporary housing for IDPs.[29] A legal framework for the establishment of a separate housing fund for IDPs, along with a transparent scoring procedure for allocating them temporary accommodation, has been introduced under the Cabinet of Ministers Resolution 582 of 26 June 2019.

Requests for free legal aid by IDPs have significantly increased. In 2018 over 6 700 IDPs applied for free secondary legal aid, a 39% increase compared with 2017.

The involvement of academia and professional training institutions in capacity-building activities to protect IDP rights contributed to sustainability in this area. Training students of higher education institutions in the Council of Europe standards is part of the national IDP Action Plan. A network of representatives of 12 displaced universities has been set up and has received training in the application of the relevant standards. A team of 20 trainers including representatives of law faculties from displaced universities, legal professionals and experts acting for partner institutions participated in train-the-trainers programmes with a view to disseminating the Council of Europe’s standards and good practices in the field of IDP rights. The mobile application “IDP Rights” became operational in December 2018, and over 500 replies were submitted to requests for information on pensions, documentation, crossing the contact line and other concerns. The law faculties of five universities, including two displaced ones, and of key institutions, including the National School of Judges (NSJ), National Bar Association of Ukraine and the Co-ordination Centre for Free Legal Aid Provision, act as resource and training centres to promote Council of Europe standards using the European Programme for Human Rights Education for Legal Professionals (HELP) course on internal displacement and its unique national adaptation materials. Over 290 judges, lawyers, Free Legal Aid (FLA) staff members, civil servants and displaced professionals participate in a professional network on internal displacement, which facilitates access to justice for IDPs.

To enhance implementation of the recommendations made in relation to IDP rights following the elections held in 2019, the Council of Europe organised a Summer School for high level representatives of partners aimed at elaborating key messages for national policies on internal displacement. Co-ordination has been established with the newly founded Ministry for Veterans Affairs, Temporarily Occupied Territories and Internally Displaced Persons of Ukraine. In addition, the Council of Europe developed strong relations with judiciary, displaced institutions and civil society, so as to mitigate potential interruptions of activities as a result of political changes.

TheCongress initiated the debates on voting rights of IDPs in Ukraine as a positive factor for integration. As a result, the Association of Ukrainian Cities (AUC) was actively engaged in the discussion at the Verkhovna Rada of Ukraine on the legislative provisions needed for ensuring political rights of IDPs. The Electoral Code of Ukraine was approved by the Verkhovna Rada of Ukraine in December 2019 stipulating full participation of IDPs in local elections.

The Council of Europe’s actions in the area of the protection of IDPs contribute to the achievement of SDG 10 (in particular targets 2, 3 and 7);[30] the HELP programme on internal displacement further contributed to implementing goal 4 (in particular target 7).[31]

Fight against Violence against Women and Domestic Violence

The enactment of the Law on preventing and combating domestic violence, in December 2017, was a landmark in the fight against violence towards women and domestic violence and an opportunity for implementing the new provisions in line with applicable international and European standards, in particular the Council of Europe’s Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention). Unfortunately, despite all the efforts made by national and international partners, the ratification process was not completed in 2018. The Council of Europe continued its work with national stakeholders (including the Verkhovna Rada, the UNBA, the government and NGOs) to support efforts in preventing and combating violence against women and domestic violence, to raise awareness of the provisions of the Istanbul Convention and to build the capacity to implement it once it is ratified.[32]

In 2018-2019 the Council of Europe contributed to developing the institutional mechanisms and capacity to assist victims of violence against women and domestic violence in Ukraine:

-          210 Ukrainian lawyers developed skills for victim-centred approaches to legal aid for victims of violence against women and domestic violence through train-the-trainers’ sessions and six regional cascade training seminars[33] in cooperation with the UNBA, the Coordination Centre for Legal Aid Provision of Ukraine and the Law Club “PrAvokator”;

-          publication of a training manual for lawyers on victim-centred approaches to legal aid, which will be included in the lawyer training curricula of the UNBA and dissemination of information materials on legal aid (posters, brochures, stickers, etc) targeting both lawyers and victims;

-          building knowledge and capacity of 24 judges to understand international and European standards on violence against women and apply a victim-centred gender sensitive approach to dealing with victims;

-          building local ownership and understanding of the Council of Europe Gender Equality Strategy 2018-2023 by facilitating its dissemination and analysis in a strategic session of Ukrainian authorities, decision-makers, representatives of civil society and the international community, together with a toolbox on gender equality translated into Ukrainian;

-          research was conducted on model multi-agency risk identification and assessment methodology as regards violence against women in keeping with European standards, particularly article 51 of the Istanbul Convention[34]; 

-          a compendium of national information on implementing the Council of Europe Gender Equality Strategy in Ukraine was developed.

These actions contributed to implementing SDG 5 (specifically targets 1 and 2).[35]

Children’s Rights

As a result of awareness raising and political mobilisation, a new law on the implementation of the Council of Europe’s Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention) at national level[36] was adopted in March 2018. At the beginning of 2018 the Council of Europe presented an analysis of the measures taken to protect children against sexual exploitation and abuse by applying the Barnahus model[37] in Ukraine. The report was positively assessed by the authorities and a follow-up is planned in early 2020.

These activities are linked to SDG 5.[38]

2.1.3 Ensuring SOcial Rights

Co-operation with Ukraine in enhancing the respect of social rights

Ukraine has been a Contracting Party to the European Social Charter (ESC) since 1996 and to the revised ESC since 2006, but it has not yet accepted the collective complaints procedure. In November 2018 the Council of Europe launched a comprehensive needs assessment to determine possible opportunities for co-operation with national stakeholders aimed at developing social rights in Ukraine. The following priority topics were identified following discussions with representatives of the government, professional groups and non-governmental organisations (NGOs):

-       the rights of children (Articles 7 and 17 of the ESC);

-       the rights of persons with disabilities (Article 15 of the ESC);

-       the rights of elderly persons (Article 23 of the ESC).

In October 2019 the Minister of Social Policy of Ukraine launched a new Council of Europe programme to assist the authorities in revising legislation and practice in the above areas, which are among the priorities of the new government in relation to promoting social rights and social policies.

To address a low level of awareness of the social rights among professionals in Ukraine, a campaign on social rights awareness has been launched in cooperation with the Ukrainian Public Broadcasting Company (UA PBC) and universities in Kyiv and the regions.

The Council of Europe will provide its assistance to the Ministry of Social Policy in developing secondary legislation and a roadmap for effective implementation of the new Law on Social Services which enters into force on 1 January 2020

The Council of Europe’s work in this area is linked to SDG 10 (in particular, target 3).[39]

2.2 RULE OF LAW

2.2.1 ENSURING JUSTICE

Independence and Efficiency of Justice - Judiciary

Following the intensive reform of the Ukrainian constitution and legislation relating to the judiciary carried out from 2014 to 2017, in 2018 and 2019 the Ukrainian authorities proceeded to analyse the impact of the changes introduced and the conformity of the new legal provisions and judicial practices with the Council of Europe’s standards and recommendations. The assessment of the 2014-2018 judicial reform in Ukraine conducted as part of the Council of Europe Action Plan for Ukraine (Action Plan) shows that the judicial system is more independent and better adapted to fulfil its role. The 2014-2018 judicial reform addressed a majority of the key issues raised by the Council of Europe. Nevertheless, a number of shortcomings remain in relation to the enforcement of judgments, disciplinary proceedings against judges and the risks of undue interference with judicial independence (also covered in the chapter relating to the execution of the ECtHR judgements) and the Law On Amendments to Certain Laws of Ukraine Regarding Activities of the Bodies of Judicial Governance”, which was adopted by the Verkhovna Rada on 16 October 2019 as Law No. 193-IX .

In December 2019, the Venice Commission adopted an opinion (CDL-AD(2019)027) on Law No. 193-IX, which makes numerous changes to the system of judicial governing bodies, including their structure and the reduction in size of the Supreme Court from a maximum 200 to a maximum 100 judges. The previous HQJC was immediately dissolved. The independence of the judiciary following adoption of the law raises some concerns. Upon request by the Supreme Court, the constitutionality of the Law is being examined by the Constitutional Court.

The Council of Europe’s assessment is widely utilised by various stakeholders during discussions on further amendments to the legislation. The authorities have also recognised the Council of Europe’s contribution to enhancing the legal and institutional frameworks on the judiciary in line with European and international standards. A reference to the Council of Europe’s assessment was included in the Government Agent’s Action Plan presented to the Committee of Ministers at its meeting of 23-25 September 2019. In addition, the Council of Europe’s activities have contributed to increasing trust in the judiciary, which rose from 5% in 2015 to 16% in 2018 among the general population, and from 16% in 2015 to 34% in 2018 among court users. The communication strategy of the Council of Judges of Ukraine was amended to address the results of the Council of Europe’s survey on the level of public trust in the judiciary in 2019.

Work has continued on improving the implementation of the relevant legislation and strengthening the efficiency of justice. The draft legal framework for implementation of Protocol 16 to the European Convention on Human Rights (ECHR), which was ratified by Ukraine in March 2018,[40] is still being revised. The Supreme Court prepared and forwarded to the Verkhovna Rada a draft law on the procedure for implementing the Protocol, which takes into account the relevant European Court of Human Rights (ECtHR) guidelines. The High Council of Justice (HCJ), the High Qualification Commission of Judges of Ukraine (HQCJ), the National School of Judges of Ukraine (NSJ), the Ukrainian National Bar Association (UNBA) and the Ministry of Justice (MoJ) are able to better understand their role in the justice sector reform following training on change theory, strategic planning, gathering and analysing qualitative and quantitative data for progress monitoring and using the online database for communication and planning purposes. In addition, an IT tool to support the monitoring of and reporting on justice sector reforms was developed and presented to the stakeholders.

In 2019, the translation of a significant share of ECtHR case law into Ukrainian introduced Ukrainian judges and lawyers to European standards concerning judicial independence, the execution of national judgments and the functioning of the Bar. This enabled the newly appointed judges of the Grand Chamber of the Supreme Court to gain an increased awareness of the Council of Europe’s standards and of the ECtHR’s approaches towards re-opening judicial proceedings. The monitoring of the judicial practice of the Grand Chamber of the Supreme Court shows that the procedures for re-opening proceedings are in line with the Council of Europe’s recommendations.

However, the results of these awareness-raising and capacity development activities have to be monitored, as the justice reform process is ongoing. The new authorities have launched a significant number of legislative initiatives in the Verkhovna Rada. The pace of legislative change does not always allow for consultation with various national stakeholders. The recent adoption of the Law on the Functioning of Judicial Governance may impact the stability and independence of the judiciary. The CM decision on the execution of judgements in the Volkov vs Ukraine group of cases of 25 September 2019 noted that the system of judicial discipline should be changed in line with the ECHR, Council of Europe recommendations and the ECtHR case law.

It should be noted that the elected leaders of the UNBA are opposed to the recommendations made by the Council of Europe in December 2017 with regard to the reform of the Bar. Nevertheless, other national and international stakeholders, donors and non-governmental organisations (NGOs) have expressed their interest in further co-operating with the Council of Europe with a view to channelling support to the Bar in order to ensure a smooth transition and adaptation of lawyers' self-governance to their role in the justice reform process.

The activities in this area contribute to the implementation of SDG 16.[41]

Independence and Efficiency of Justice- Prosecution and Free Legal Aid

Building on the results of the Council of Europe’s support for the criminal justice reforms in Ukraine in 2015-2017,[42] the Organisation continued to support the capacity of the prosecution service to implement institutional and operational reforms together with other international partners.  An independent organisational assessment of the General Prosecutor’s Office of Ukraine (GPO), the first of its kind, held in early 2019 provides guidance for the office’s new management in implementing organisational changes.

As a result of the assessment, a comprehensive plan was developed to change managerial strategies, working processes and the institutional set-up of the prosecution service. Implementing this plan is among the Council of Europe’s priorities for assisting the country during late 2019 and in 2020.

The Council of Europe’s activities in 2018 and the first half of 2019 helped to ensure that the prosecution service’s legislative and regulatory frameworks showed increased compliance with European standards:

-          the entry into force of the Law on the institute of criminal misdemeanours was postponed following the recommendations made in the Council of Europe’s Opinion (DGI(2018)07) aimed at ensuring the observance of human rights safeguards in criminal proceedings;

-          a draft of guidelines on the effective investigation of serious human rights violations with the aim of facilitating the enforcement of the relevant European Court of Human Rights (ECtHR) judgments against Ukraine was developed by the inter-agency working group established under the GPO. Furthermore, in 2019 a specialised department on procedural supervision over the criminal proceedings on torture and other serious human rights violations by law enforcement agencies was created in the GPO.

The Council of Europe contributed to improving the human rights training received by prosecutors. The reports of the Academy of Prosecutors attest to prosecutors’ increased knowledge of and skills in implementing the standards of the European Convention on Human Rights (ECHR) in the criminal justice area. This enhanced capacity to apply ECHR standards by the prosecution service contributed to a 50% decrease in the number of applications lodged with the ECtHR in 2018, as compared with 2015. The European Programme for Human Rights Education for Legal Professionals’ (HELP) course entitled “Introduction to the ECHR” became part of the National Academy of Prosecutors (NAP) curriculum. Over 300 prosecutors (30% women and 70% men) took the course in 2018. Following the legislative changes to the Law on the Prosecution Service of Ukraine in September 2019, the NAP of Ukraine is currently transforming the Training Centre for Prosecutors. Co-operation with national and international partners to develop the new concept of the training centre is among the priorities of the Council of Europe for 2019-2020.

As part of the criminal justice reform, a free legal aid system (FLA) was established in 2013-2015. In 2019, it consisted of a network of more than 23 regional centres and 550 bureaus serving around one million clients.[43] The Council of Europe significantly contributed to enhancing the capacity of FLA lawyers to apply the ECHR in their work, as proved by the national surveys that it commissioned. In 2018 alone, over 1 200

of the FLA lawyers took part in the Council of Europe’s training courses at the NAP and at the “PrAvokator”[44] legal clubs established by the FLA inter alia with the Council’s assistance in five major cities (Dnipro, Lviv, Kyiv, Kharkiv, Odessa). A quality assurance mechanism through peer reviews was introduced in the FLA quality management system.

The positive dynamic in improving public trust in the prosecution service is another outcome to which the Council of Europe contributed with its technical assistance in 2018-2019. The survey on public awareness and perception of the prosecution service shows an important increase in trust towards prosecutors among the general public. Although it is still low (around 19%), there has been a significant improvement on previous years, - around 8% in 2015, and approximately 13% in 2017.[45] In addition, the general public’s awareness of FLA increased from 12% in 2016 to 23% in 2018.[46]

Following the elections in 2019 and subsequent changes in government bodies and the judiciary, including the prosecution service and the FLA, the Council of Europe has ensured ongoing co-ordination with the new management and international partners active in the field. Given the increased number of legislative initiatives in the criminal justice area, in addition to the high-profile Law Enforcement Parliamentary Committee, co-operation was established with the Commission on Legal Reforms under the Office of the President. The Council of Europe’s special focus on assistance in the criminal justice field should further strengthen the self-governance, independence and accountability of the prosecution service as a result of the implementation of the new legislation in line with European standards.

The activities in this area contribute to implementing SDG 16.[47]

Prisons and Police

In 2018, through the Joint European Union/Council of Europe Programme Partnership for Good Governance (PGG), the Council of Europe promoted a rehabilitative approach in the penitentiary system. The Code of Ethics for Prison Staff was developed and adopted by the Ministry of Justice (MoJ), and 90% of prison governors received relevant training on European standards. In addition, the Council of Europe focused on gender mainstreaming in prison policies, which has already resulted in gender-sensitive Internal Prison Rules.

The Prison Administration presented an action-oriented policy for suicide prevention, emphasizing the need for a multi-disciplinary approach, with a view to adopting the policy for the entire system. Efforts towards eliminating ill-treatment continued, with a conference held for all prison governors to identify the main reasons for not implementing the Council of Europe’s recommendations. Furthermore, civil society organisations and the MoJ expressed their commitment to developing a Joint Action Plan addressing systemic weaknesses in the prison system and shifting its focus from punishment to rehabilitation. To strengthen the prison inspection system, all inter-regional administrations are being trained on how to carry out inspection visits, and gender mainstreaming efforts continue, with the MoJ Department of Inspections developing gender standards to be used during inspections concerning women prisoners.

The capacity of prison staff to implement rehabilitation programmes for offenders was further enhanced: new rehabilitation courses for prisoners were developed and presented to prisoners by the Bila Tserkva In-Service Training Centre, enabling the trainers to show their newly-acquired skills. Moreover, staff from three juvenile prisons received training in implementing the methodologies for social skills, which aim to improve prisoners’ relations with their families and their communication skills. In 2018 the Family Conference methodology piloted by the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs of the Council of Europe (the Pompidou Group) became one of the standard therapeutic tools used in juvenile prisons in Ukraine. In addition, in 2018, Ukraine started developing a road map for Opiate Substitution Treatment in its prisons. In this context, the Pompidou Group held two high-level workshops to provide prison staff with the necessary technical assistance. In November 2019, the Pompidou Group had meetings

with the Minister of Health of Ukraine and representatives of the MoJ. Upon request of the MoJ to continue assistance with tackling drug related problems in prisons, the Pompidou Group stands ready to assist the Ukrainian authorities in tackling drug-related problems, subject to the availability of funds.

In late 2019, the Council of Europe and the EU started a joint programme on the reform of the prison system to further develop a rehabilitative approach to offenders and improve conditions of detention in line with the Council of Europe standards. The programme has thus far received the full support of the MoJ and the penitentiary service. This work will continue in 2020-2021.

The work done by the Council of Europe on mainstreaming gender in prisons contributes to the achievement of SDG 5.[48] In addition, combatting illicit trafficking of drugs in prisons contributes to the achievement of SDG 3 (notably target 5),[49] and is furthermore linked to Goal 16 (especially target 4).[50]  

2.2.2     STRENGTHENING THE RULE OF LAW

Constitutional Justice

The Council of Europe contributed to reforming the electoral legislation, carrying out constitutional reform and putting parliamentary reforms in line with the European standards.

In 2018, the authorities did not address constitutional reform regarding the separation of powers and decentralisation. However, the Council of Europe, notably through the Venice Commission, held exchanges with representatives of the authorities on the prospects for such reforms. The competent authorities were informed of the need to address the current constitutional provisions in the field of regional and local authorities as soon as possible, so as to reflect, among other issues, the process of amalgamation of administrative authorities in the regions.

The introduction of an individual constitutional complaint mechanism, an important step aimed at ensuring human rights protection in Ukraine, was among the priorities pursued in 2018. To create an enabling environment for administering constitutional justice in the country and to allow the Constitutional Court to cope with this new task, the Council of Europe provided peer-to-peer recommendations to Constitutional Court judges on dealing with such complaints and legal analyses on individual complaints.

During the 2019 elections, the Council of Europe, in co-operation with the Central Election Commission (CEC), contributed to building the capacity of the local electoral commissions. Two manuals for members of district and precinct election commissions were developed with legal advice on the decisions and actions of members of election commissions. These manuals were distributed to 34 000 members of the election commissions. Nearly 170 administrative judges from 30 Ukrainian administrative courts of appeal and district administrative courts improved their knowledge and skills in implementing electoral legislation in the light of the European electoral standards and the case law of the European Court of Human Rights (ECtHR).

A new edition of Electoral code was adopted by the Parliament on 19 December and signed by President Zelensky on 27 December 2019. The main novelty of the code is that it partially implements a proportional representation voting system with open party lists for both parliamentary and local elections. It also contains new thresholds for increasing women participation in elections. The Council of Europe has contributed with expert support for improving the electoral legislation, in line with the Venice Commission’s recommendations and international practice. In November 2019, the Council of Europe’s experts drew up a Concept paper on the necessary legislative changes regarding local elections. This document should be used for drafting additional amendments to the existing Election Code or a basis for a separate Law on Local Elections.

The Council of Europe provided expertise in establishing the Rule of Law Checklist training methodology[51] to help the members and employees of the Verkhovna Rada make informed decisions during the preparation of new draft laws and amendments to existing ones.

Following the 2019 elections, the Council of Europe established through its Venice Commission, regular interaction with members of the Verkhovna Rada and its staff and with international partners to promote the necessity of putting Ukrainian legislation in line with European standards and best practices. This contributes to mitigating the potentially negative impact of the accelerated law-making process on the quality of adopted draft laws and amendments.

Through these actions, the Council of Europe contributed to fulfilling SDG 16 (in particular target 3).[52]

Execution of judgments

The Council of Europe contributed to improving the authorities’ capacity to execute domestic judgments and those of the European Court of Human Rights (ECtHR) in 2018-2019. In particular, the Council of Europe’s activities in connection with the Action Plan for Ukraine supported bringing the system of judges’ disciplinary accountability closer to the Organisation’s standards. In 2019, the closure by the Committee of Ministers of the Council of Europe (CM) of three out of six cases in the Salov group on the ECtHR judgements acknowledged the progress made by Ukraine reforming the judiciary, including the system of judges’ disciplinary accountability.

As of September 2019, the following major ECHR judgments against Ukraine are:

In 2018, the MoJ and the Verkhovna Rada have been increasingly involved in solving the issue of the non-execution of ECtHR and national judgements.[53] In 2019, the Ukrainian Government’s Action Plan for the execution of the Ivanov and Burmych group of cases included references to the Council of Europe’s work in this area. It has become one of the major documents around which the national authorities have discussed approaches and plans to execute the related ECtHR judgments. In 2019, the Supreme Court was given support in monitoring its decisions concerning the review proceeding following the ECtHR judgments (Bochan v Ukraine (no. 2), Yaremenko v. Ukraine (no.2) and Shabelnyk v Ukraine (no 2).

In 2018 and 2019, the Council of Europe focused its work on the Oleksandr Volkov group and Burmych group groups of judgments. Two annual reports on the status of judicial independence which are broadly discussed and disseminated among the Ukrainian judiciary, lawyers and politicians were drawn up with the High Council of Justice (HCoJ).

Although in the first half of 2018 the Government of Ukraine drafted a law aimed at implementing the individual measures needed for the execution of the Burmych judgment, up to 5 000 judicial decisions pending execution which have not been enforced are to be examined, so there was no real progress in this area. The issue is recognised - by the Council of Europe, the International Monetary Fund and the

European Union - as requiring a cross-sector and inter-agency solution. The Council of Europe and the MoJ continue to analyse the root causes of the problem, with the aim of proposing a national strategic document.

In addition, the Council of Europe and the MoJ jointly formulated recommendations to improve the legislation and judicial practice regarding civil proceedings. The impact of this co-operation is yet to be assessed.

Another area of the Council of Europe work in 2018-2019 related to the automation of the enforcement proceedings necessary for the effective execution of the Ivanov and Burmych group of judgments. The ongoing assessment by the Council of Europe of the regulations and practices relating to the automated system of enforcement proceedings will become part of the national action plan and strategy aimed at developing long-lasting solutions to non-enforcement.

These actions have contributed to the achievement of SDG 16 (and in particular targets 3 and 6).[54]

Information society and Internet governance: Freedom of expression and Public broadcasting

In 2018-2019, the Council of Europe significantly contributed to increasing the independence of the TV and radio channels of the Ukrainian Public Broadcasting Company (UA:PBC) as well as to increasing the UA:PBC’s capacity to provide unbiased and trustworthy coverage of events. The UA:PBC was established in 2017 with the Council of Europe’s assistance.

Increased awareness of the UA:PBC among the Ukrainian population has contributed to ensuring its editorial independence, in particular regarding its sources of funding. 90% of the funding guaranteed by law for the UA:PBC was approved by the Verkhovna Rada in November 2019.

The Council of Europe’s assessment of the current legal formula for calculating the annual state allocation to the UA:PBC found that it is in in line with the current economic and social circumstances in Ukraine. The problem lies in its implementation: the legal provisions requiring the use of this formula are not implemented, as another law gives the authorities (the Verkhovna Rada and the government) the right to discretionary cuts in the broadcaster’s funding.[55] The solution to this problem would require either require legal amendments to eliminate political interference in calculating the budget allocation or introduction of a dedicated source of funding through a special fund of the state budget, generated from fees imposed on users of radio frequencies (such as broadcast companies or telecommunications operators). The Council of Europe analysis was presented to a wide audience both in Kyiv and in Strasbourg in 2019.

In connection with the European Union/Council of Europe Partnership for Good Governance (PGG), support for local media in their transition from state to private ownership by the end of the year continued in 2018. As a result, peer-to-peer legal consultations were launched targeting communal printed media outlets facing reform-related challenges.

On the eve of the 2019 electoral year, preparatory work to enable a coalition of independent Ukrainian civil society organisations (CSOs) to monitor media coverage of the presidential elections was carried out in July-December 2018.[56] The capacity of regional media outlets to provide a factual and balanced coverage of both presidential (March and April 2019) and early parliamentary (July 2019) elections was enhanced as a result of seminars for journalists on professional election coverage. Using the Council of Europe methodology, the monitoring was carried out on 10 national TV channels, eight online media outlets and selected Facebook pages of opinion leaders, candidates and online media outlets, TV channels and/or separate monitored TV programmes.[57]

Comprehensive support for the implementation of the UA:PBC Transformation Road Map continues through the joint programme with the EU launched in July 2019. The focus of this programme is on independence of public broadcasting, the safety of journalists, reforming print media, access to public information and adoption of audio-visual media legislation and independence of media regulator.

The Council of Europe continued its work to enhance the safety of journalists in Ukraine. The awareness among Ukrainian stakeholders of the standards on journalists’ safety was increased. Important discussions were held aimed at creating a practical rapid response and early warning mechanism on the safety of journalists in Ukraine, in line with the Implementation Guide to the Council of Europe Committee of Ministers’ Recommendation on the protection of journalism. More than 1200 prosecutors, investigators, judges and patrol police officers were trained on protection of professional activity of journalists, freedom of expression in Ukraine and countering impunity.

The Organisation will continue working with the EU on the safety of journalists by introducing a special training course on protecting the safety of journalists for the NSoJ, the NAP and the National Academy of Internal Affairs. Particular attention will also be paid to implementing the recommendations made as part of the legal expertise of the provisions in the Criminal Code relating to journalists’ professional activity, to ensuring their safety of journalists during election periods and while working in the conflict zones in east Ukraine and in Crimea.

Co-operation with the Ombudsperson with a view to promoting access to public information had to be reconsidered due to the structural reorganisation of the Ombudsperson’s Office in early 2018. Moreover, unfortunately, the Ukrainian Parliament failed to adopt the Draft Law on the Ratification of the Council of Europe Convention on Access to Official Documents (the Tromsø Convention) in September 2018. The Co-ordination Council on access to public information was established by the Ombudsperson`s Office in December 2019 which will work on legislative initiatives in sphere of access to public information.. The work in this area will be among the Organisation’s priorities for its co-operation with the Ombudsperson’s Office and it will be carried out in the context of the joint programme with the EU launched in July 2019.

Following changes in political and executive bodies as a result of elections in 2019, the Council of Europe has established good working relations with the new Ministry of Culture, Youth and Sport. The Council of Europe is also working closely with the new members of the National Council of TV and Radio Broadcasting and newly formed committees of the Verkhovna Rada on Humanitarian and Information Policy and on Freedom of Speech. These contacts could give new momentum to the adoption of the Law on Media, ensuring proper funding for public broadcasters or the ratification of the Tromsø Convention.

Since November 2019, the Council of Europe has been actively involved in co-operation with the Government and the Verkhovna Rada, providing expert assistance in order to ensure that the mechanisms of fighting disinformation are in line with the European standards and do not threaten freedom of expression in the country. In the concept of the law, the Ministry of Culture, Youth and Sports of Ukraine announced the intention to introduce criminal responsibility for dissemination of disinformation. Ukrainian media and civil society organisations and international community have expressed concerns with this initiative which could become a backlash on freedom of media in Ukraine.

Here, the Council of Europe contributed to the implementation of SDG 16 (and specifically target 10).[58]

2.2.3 COUNTERING THREATS TO THE RULE OF LAW

Fighting corruption, money laundering and financing of terrorism

The effectiveness of the in-service training for judges was enhanced to prepare them to adjudicate corruption offences and money laundering cases following the introduction of relevant courses in the curriculum of the National School of Judges of Ukraine (NSJ) in 2018. Along with the course on electronic evidence, these courses became part of compulsory training for judges in 2019 with the support of the European Union/Council of Europe Partnership for Good Governance (PGG).

Following the adoption of the Law on the High Anticorruption Court of Ukraine (HACC) on 7 June 2018,and the subsequent launch of the Court in September 2019, the legislative, regulatory and institutional frameworks to fight corruption and money-laundering were further enhanced. The Venice Commission adopted its opinion on the Draft Law on Anticorruption Courts and on the Draft Law on Amendments to the Law on the Judicial System and the Status of Judges in October 2017. Major issues raised in this process

included the procedure for appointing judges to the HACC, the role of the HACC in the existing court systems, and the role and powers of a Public Council, which will include international observers and will be involved in the appointment of judges to the HACC. The Council of Europe stands ready to assist Ukraine in implementing this legislation.

The Group of States against Corruption (GRECO) Fourth Round Compliance report on Ukraine was adopted on 6 December 2019 at its 84th Plenary meeting. It is still confidential. The report deals with prevention of corruption in respect of members of parliament, judges and prosecutors.

In 2019, a situation report in the field of fighting corruption and money laundering and terrorism financing was prepared based on the discussions with the authorities, including the Prosecutor General’s Office, the State Financial Monitoring Service, the National School of Judges Financial, and the Tax and Customs Police Committee of the Verkhovna Rada. The latter has resulted in the Committee issuing a formal request to provide a legal opinion on the draft Law on Anti-money Laundering and Terrorism Financing, adopted in second reading in December 2019. The Committee’s work on draft Anti-Money Laundering law was supported through joint technical comments provided by the international partner organisations in Ukraine. The capacities of the law enforcement bodies and financial analysts were enhanced in conducting financial investigations and recovery of illegal assets. Council of Europe work in 2020 will focus on supporting the law enforcement bodies in developing domestic guidelines on financial investigations, legislation review in the field of anti-money laundering and capacity building for advancing financial intelligence and preventive measures.

The Council of Europe’s work in 2020 will focus on developing guidelines on financial investigations and on reviewing legislation, and a technical paper on illicit enrichment.

The Council of Europe’s activities in this field are therefore linked to SDG 16 (in particular targets 5 and 6).[59]

2.3 DEMOCRACY

2.3.1 STRENGTHENING DEMOCRATIC GOVERNANCE

Co-operation with the Verkhovna Rada

The training component aimed at enhancing the capacity of the Verkhovna Rada to develop legislation in line with Council of Europe’s standards started in late 2018. As a result, the Sub-Committee on the Supervision of the Implementation of European Court of Human Rights (ECtHR) judgments, established in 2017, was restructured to improve its oversight functions. The first substantial results of this work are expected by the end of the 2020.

Democratic governance

In 2018-2019, in the field of decentralisation reform, the Council of Europe has significantly contributed to enhancing the capacity of the public administration to implement legislation and policy effectively  by optimising regulations, enhanced inter-institutional co-operation, and improved public administration policies and practices. The activities of the Council of Europe are closely co-ordinated with other international partners active in the field of democratic governance in Ukraine, in particular through the Decentralisation Donor Board, co-chaired by the Council of Europe in 2019.[60]

There were 1009 amalgamated communities created by 31 December 2019 (comprising 4619 (42,1%) former local communities, covering more than 43% of Ukraine’s territory and 32% of total population).[61] As attested by the all-Ukrainian sociological survey (link available in Ukrainian) conducted by the Council of Europe, 80% of Ukrainians were aware of the reform, 58% deemed it necessary and 40% saw improvements in their life as a result of the reform.

The Council of Europe provided legal and policy overviews presenting relevant examples from member states during the inception, negotiation and preparation of draft legislation and legislative amendments related to decentralisation- more than 25 outputs leading to improvement of the legal initiatives in line with the Council of Europe standards and dismissal of those not complying with these standards.

In 2018, to address the challenge of an increasing number of court cases against the voluntary amalgamation of local communities, the Council of Europe helped introduce an in-service course for judges, lawyers and other legal professionals on the decentralisation reform, supported identification of general and structural problems, and produced recommendations for legal and institutional reforms.

Through an awareness-raising campaign, the Council of Europe enhanced dissemination of information and best practices on the decentralisation reform across the country. National and regional local government best practice and media contests, implemented successfully jointly with the national stakeholders, raised the awareness of the wide audience about the reform results, expected impact and existing success stories via the production and promotion of specialised TV and radio programmes broadcasted at national and regional level: series of social TV advertising dedicated to the reform reaching out to almost 13 million viewers, TV films telling success stories - in total above 2.5 million viewers, radio weekly average reach - about 900 000 listeners.

The Council of Europe reviewed draft legislation, exchanged experiences in co-operation with the European Committee on Democracy and Governance (CDDG), and moderated negotiations among national stakeholders. The format of the “Moderated negotiation meeting” (“Strasbourg format”) allowed for in camera negotiations among national stakeholders, in particular between the Government, Parliament and the local government associations on a number of crucial issues such as legality supervision over local authorities’ acts and accountability of local elected representatives. This “Strasbourg format” meetings resulted in consensus reached on a number of important aspects relating to the legal regulations. Moreover, the Council of Europe supported regional and local level consultations to debate on territorial reform. The concrete results included:

-          criteria for establishing sub-regional level were introduced in the Ministry for Communities and Territories Development (MinRegion) methodological recommendations;

-          nine draft laws were initiated on changing sub-regional level boundaries in nine regions;

-          a new local government association “Kyiv Agglomeration” was established to improve municipalities’ cooperation within the Kyiv metropolitan area, as a follow up to the Council of Europe’s international peer review.

Support was provided to reforming the national training system for local civil servants and establishing the legal framework for a modern system for training local civil servants. Concrete results included:

-          action plan for the reform of the training system was adopted by the Government in 2018;

-          a statute on the training system was adopted by the Government in 2019;

-          the Council of Europe’s tools and recommendations were approved by the National Agency on Civil Service, including the “National Capacity and Training Needs Analysis, Methodology of Training Needs Analysis for Public Officials”, the “Recommendations on developing and monitoring of implementation of the individual professional development programme”, the “Procedure for recognition of qualification documents and participation in exchange of experience in Ukraine and abroad” and the “Requirements for the structure and content of professional (certification) and short-term training programs for public servants”.

The Council of Europe strengthened and improved the quality of multilateral dialogue platforms dedicated to the on-going reform and other areas (community media and public broadcasting, IDP policy, national minorities, etc) with the involvement of all the relevant stakeholders in Donetsk and Luhansk regions: in 2018-2019 two annual local government forums were organised.

The Leadership Academy Programme continued jointly with the United States Agency for International Development (USAID), and over 200 officials from seven regions took part in it in 2018-2019. A comprehensive (72-hour) training programme on human resource management (HRM) for local government was elaborated and approved by two regional training centres (Khmelnytskyi and Volyn) and by the

Association of Amalgamated Communities of Ukraine. 18 representatives of local government associations completed the training and approximately 100 local government officials participated in the training programme on modern HRM standards in 2019.

Among the challenges to be addressed by the authorities at different levels are: the lack of constitutional amendments relating to decentralisation; the pressing need to review the territorial organisation at rayonslevel to avoid a duplication of competences with the amalgamated communities; the need to establish a legal review system[62] to ensure respect for the law at local level; and the inability of the public service at different levels to implement reforms. In 2020, the Council of Europe will assist the country in addressing these issues together with other international partners active in the field, in particular the European Union, the USA and Germany. The main focus will be on the reform of the relevant legislation on local self-government, the national training system for local civil servants, and governance in the Kyiv metropolitan area.

The Council of Europe’s Congress of Local and Regional Authorities (the Congress) contributed to strengthening the capacities of the Association of Ukrainian Cities (AUC) in taking an active part in the legislative reforms of local self-governance. The AUC’s draft amendments to the Law on Local Self-Government, which mainly focused on the system of state supervision and control of local self-governments’ activities, and the Law on the Status of Local Councillors result from a broad consultation, which lends legitimacy to the AUC’s work and creates the necessary conditions for establishing a sustainable dialogue with national policy-makers.

Building on the commitments made in the Memorandum of Understanding signed in 2017,[63] study visits to the 5th Open Government Partnership (OGP) Global Summit (July 2018, Tbilisi, Georgia) and the World Forum for Democracy (November 2018 and November 2019, Strasbourg, France) for Ukrainian and Georgian elected local representatives and their national associations allowed them to focus on implementing open government principles and promoting gender equality and equal opportunities in their respective constituencies. As a result, Ukrainian mayors took the initiative of setting up a working group within the AUC to ensure stronger commitment by local authorities as fully-fledged partners in the implementation of the Fourth National Action Plan of the OGP 2018-2020 in Ukraine. The group developed a Road Map on open government and e-government in 2019. 13 municipalities were selected to implement local initiatives on ethical, transparent and participatory decision-making; engagement of under-represented groups; and equal opportunities for women and men to participate in local political life. The assessment of these activities will be carried out in 2020.

A pool of educators on local democracy and human rights was established to increase the participation of young people in community life, thereby anchoring democratic principles based on respect for human rights at local level.

The community of practice on local democracy in Ukraine was established as an exchange platform and a mechanism for reinforcing the capacities and the institutional position of Ukrainian local authorities and their national associations. All four national associations of local and regional authorities discussed issues of mutual concern, with the aim of reaching a consensus and unified positions to be discussed with national authorities.

Ukrainian municipalities have resolutely steered towards gender mainstreaming, by committing to the principles of the European Charter for Equality of Women and Men in Local Life (62 in total, more than 40 only in 2019), accompanied by their national Association.

These actions contribute to United Nations Sustainable Development Goal (SDG) 16 (in particular target 6 and 7),[64] and they are linked to SDG 11 (especially target 3).[65]

 

Elections

In 2018, although no changes were made to the electoral legal framework, the Council of Europe, notably the Venice Commission, continued to facilitate discussions on this topic among national stakeholders. A working group to prepare the draft Election Code was established, representing all political parties and groups in the Verkhovna Rada, and the Code was adopted in its second reading in July 2019 (see the chapter on Constitutional Justice for details).

The final reports of the Organisation for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) on presidential (March and April)[66] and early parliamentary (July) elections in 2019 concluded that fundamental rights and freedoms were generally respected and that the campaign was competitive, despite numerous malpractices. Generally, the electoral administration was competent and effective. The Central Election Commission (CEC) demonstrated strong institutional capacity. However, the international and national observers noted the misuse of state funds and vote-buying as well as the fact that the campaign media coverage[67] had shown the influence of economic interests on public and political life.

The Council of Europe contributed to raising awareness of the electoral reform process among national stakeholders not only in the capital but in the regions as well. Public awareness was raised about electoral and voting procedures, and the quality of the media’s election coverage (production and broadcast of ten election thematic radio programmes at ‘UA: Ukrainian Radio’ with a daily audience of 35 645 persons; improved knowledge of electoral and voting procedures by more than 100 first time voters; the results of monitoring the media’s coverage of elections shared with more than 300 000 persons on social media).

In 2019, the Council of Europe worked on increasing the capacity of national training institutions to improve election commissioners’ knowledge and skills (handbooks on electoral procedures for Presidential elections were produced and disseminated in hard copy among 199 district and 29 989 precinct election commissioners, electronic versions were viewed by 8776 district commissioners and 24 122 by precinct commissioners) and administrative judiciary (230 administrative judges from 22 regions representing 30 administrative courts trained on election dispute resolution in accordance with European electoral standards and the ECtHR case law).

The Council of Europe’s activities on gender mainstreaming contributed to increased political participation of women: the level of women representation in the Verkhovna Rada doubled following the results of the 2019 early parliamentary elections – from 11% to 21%.

The concept for legislative amendments to ensure the proportional representation of territorial amalgamated communities was discussed with the legislature and civil society. Once implemented, it could contribute to the protection of national minorities’ rights at local level by ensuring their adequate representation in councils.

In December 2018, the CEC of Ukraine and the Council of Europe Office in Ukraine signed a Memorandum of Understanding. The Memorandum is intended to formalise the principles of co-operation in the field of the reform of the electoral legislation and practice in Ukraine in accordance with existing international standards and the Council of Europe’s recommendations. The Memorandum has secured further co-operation with the new CEC according to the previously agreed lines of co-operation.[68] The priorities for the end of 2019 and 2020 that were agreed with the CEC include: improving the system of election administration, particularly with the use of new technologies, increasing public awareness about electoral and voting procedures for the 2020 local elections, particularly among Ukrainian youth and first-time voters, enhancing the capacity of women from disadvantaged groups (including IDPs and national minorities) to engage into politics and public life at local level.

These activities contribute to achieving SDG 16 (in particular target 6 and 7) and SDG 5 (in particular target 5[69].

2.3.2 PROMOTING PARTICIPATION AND DIVERSITY

Civil Participation

The Council of Europe actively participated in developing non-governmental organisations’ (NGOs) and local authorities’ capacity to participate in decision-making. A programme for establishing a public participation academy was developed, and NGOs’ and local authorities' representatives in several cities (Kyiv, Zhytomyr, Lviv) held regular meetings throughout 2019 to jointly take decisions on local policies. NGOs in the Luhansk and Donetsk regions increased their capacity to conduct projects to improve community life in the regions

A platform of over 40 NGOs[70] focusing on Kyiv City Council policy-making and accountability was established, and it was one of the key groups consulted on setting up the academy. The platform aims to establish an effective E-Democracy tool[71] for developing consultations between local authorities and the public to improve trust between them and facilitate public participation in local government decision-making.

At the end of 2018, the Council of Europe re-launched a programme to support public participation at local level in Ukraine. As a result, six pilot municipalities (Zhytomyr, Lviv, Ternopil, Drohobych, Mukachevo, Obukhiv) reviewed their regulations to enhance citizens' and NGO participation in decision-making processes in line with the Council of Europe’s standards and European best practices. Moreover, some innovative mechanisms for civil participation in municipal public space design and in preparing school budgets have been developed and tested.

At the national level, the Government was supported by the Council of Europe in monitoring the implementation of the National Strategy for Civil Society Development and the recommendations will lead to a new Strategy. Moreover, the project provided expertise on new draft legislation concerning civil participation in the work of the Committee on State Building, Local Self-Government, Regional Development and City Planning of the Verkhovna Rada.

In 2020, the Council of Europe will focus on supporting policy development at the central level and on implementing the “Academy of civil participation” in new cities and on continuing capacity-development of NGOs in the Donetsk and Luhansk regions. A training module on civil participation, called Laboratory for Civil Participation “UCHANGE” will be rolled out for Kyiv citizens.

These activities contribute to SDG 16 (in particular target 7)[72] and are linked to the implementation of SDG 11, target 3.

3. IMPLEMENTATION AND CO-ORDINATION

The Committee of Ministers of the Council of Europe (CM) assesses the overall implementation of the Council of Europe Action Plan for Ukraine (Action Plan) through its Group of Rapporteurs on Democracy (GR-DEM). In addition, reports are prepared for donors which have contributed to the Action Plan.

The Action Plan Steering Committee, comprising representatives of the Ministry of Foreign Affairs and European Integration, other national stakeholders, including civil society, and Council of Europe representatives, assess the progress of the Action Plan’s implementation. The Steering Committee for the current Action Plan has not yet met.

The overall co‑ordination of technical co-operation carried out by the Council of Europe falls within the remit of the Office of the Directorate General of Programmes (ODGP), which steers the programming of and fund-raising for co-operation actions whilst ensuring the proper functioning of Council of Europe Offices in the field. In accordance with the Organisation’s process on decentralised implementation of technical assistance and co‑operation, the Council of Europe’s Office in Ukraine plays a key role in co‑ordinating and supporting the implementation of projects in the field. As at 30 September 2019, 44 staff members worked for the Office in Ukraine.

Expertise, the basis of co‑operation projects’ added value, comes from relevant services in the entire Organisation. Project implementation can involve needs assessments, legislative expertise, capacity‑building, awareness‑raising, gender mainstreaming and peer‑to‑peer reviews. The methodology followed, in line with the Council of Europe Project Management Methodology (PMM), aims to reinforce the ownership of national stakeholders and to ensure the sustainability of the outcomes.

The PMM contributes to improve the quality of project implementation in terms of planning and administration, cost efficiency and effectiveness. At the same time, efficient risk assessment, gender mainstreaming and the human rights-based approach are the main building blocks of every designed and implemented intervention.

Projects are implemented in close co-operation with authorities in Ukraine, targeting governmental stakeholders, parliaments, civil society and independent governance institutions, such as the Ombudsperson, and local and regional authorities. This creates a unique leverage for comprehensive, inclusive, successful and sustainable reforms.

Co-ordination to ensure an efficient use of resources and the relevance of the Council of Europe’s actions is performed at different levels and in different forums, including the CM.

The Council of Europe works closely with relevant international partners, in particular, the European Union (EU), and specifically the EU Delegation in Ukraine, the European Union Advisory Mission (EUAM) and European Union Support Group to Ukraine. Co-ordination is also ensured with the United Nations (UN), including with the UN Human Rights Monitoring Mission in Ukraine and the United Nations High Commissioner for Refugee (UNHCR), the Organisation for Security and Co-operation in Europe (OSCE) and USAID.

To ensure efficiency and to avoid overlapping activities, the Council of Europe also co‑ordinates with member states’ development agencies (in particular Denmark, Germany, Norway, Sweden, Switzerland and the United Kingdom) as well as with those of Canada and Japan.

The Council of Europe’s office actively participated in a series of thematic working groups, each with a lead donor, as follows:

The Council of Europe initiated a platform for donors’ co-ordination in the field of social rights. It is agreed to have bimonthly co-ordination meetings.

The present document reports about specific co-ordination initiatives in certain areas:

·       in the chapter on democratic governance, with the Donor Decentralisation Board;

·       in the chapter on democratic governance, with USAID on Leadership Academy;

·       in the chapter on countering threats to the rule of law, with EU;

·       in the chapter on prisons and police, with EU;

·       in the chapter on information society, with EU;

·       in the chapter on Ombudsperson and NPM, with EU.

3.1 TRANSVERSAL ISSUES

The Council of Europe prioritises a human rights-based approach at all levels and stages of its activities. Its acquis, including the Organisation’s legal instruments and institutions, combined with the principles of equality, non‑discrimination, gender balanced participation and participation of civil society, brings further added value to its activities.

The gender mainstreaming approach is applied to actions regardless of the field of co-operation and the Council of Europe Gender Mainstreaming Toolkit for Co-operation Projects is used to implement it. For example, the following results relating to gender mainstreaming can be reported:

The Council of Europe is working to improve national partners’ understanding of the harmfulness of gender stereotypes and of the importance of gender equality. In line with Council of Europe’s Gender Equality Strategy 2018-2023, it aims to mainstream gender issues throughout the project cycle into the project actions and at output level. Gender specific activities are carried out as necessary. The appointment of a Gender Advisor in the Kyiv Office, made possible by Finland’s support, continued to make a significant difference in terms of gender mainstreaming in the work of individual projects. Where possible, the projects attempt to include gender mainstreaming elements in the terms of reference for international and national experts and for monitoring and analysing national policies and practices in the priority areas of the Council of Europe Action Plan for Ukraine 2018-2021(Action Plan). Gender equality and gender mainstreaming are kept on the agenda of different meetings and training schemes. All projects aim to ensure that the Council of Europe’s visibility products, including TV and printed materials, are designed with the principles of non-discrimination and gender equality in mind. Most projects include in their reports examples of gender mainstreaming which go beyond merely collecting gender disaggregated data on participation in the activities. Some examples of gender mainstreaming include:

In addition to gender mainstreaming, several activities under different projects contributed to the strategic objectives of the Council of Europe Gender Equality Strategy 2018-2023, especially on preventing, and combating violence against women, achieving a balanced participation of women and men in political and public decision-making and on ensuring women’s equal access to justice. The office translated into Ukrainian the Committee of Minister Recommendation CM/Rec (2019)1 on preventing and combating sexism and actively promotes it.

Various national partners have shown an increased interest and commitment to gender equality and gender mainstreaming. An event was organised to present the Council of Europe Gender Equality Strategy 2018-2023 to Ukrainian authorities, non-governmental organisations (NGOs), journalists, embassies and international organisations in May 2018. A strategic session on the state of affairs and the prospects for implementing the strategy at national, regional and local levels was carried out in December 2018.

Similarly, the Council of Europe promotes the active participation of civil society in project activities. Inclusiveness is approached in accordance with the Guidelines on civil society organisations' participation in Council of Europe’s co-operation activities. The Organisation pays considerable attention to fostering dialogue between the authorities and civil society, thus contributing to the transparency of the reforms and supporting independent monitoring, as illustrated by the following examples:

·         local NGOs are actively involved in implementing the Action Plan specifically as far as work with the Ombudsperson’s Office is concerned;

·         NGOs are involved in activities to protect IDPs’ and minorities’ rights, in countering violence against women and in actions relating to electoral reform and media freedom;

·         close co-operation is established with national minorities’ NGOs;

·         civil society and municipalities also engage with a number of NGOs.

The Action Plan contributes to implementing the United Nations Sustainable Development Goals (SDGs) or seeks to do so. In particular, the Action Plan contributes to Goal 4,[74] Goal 5,[75] Goal 10,[76] Goal 11,[77] and Goal 16.[78] Activities for protecting the educational rights of national minorities contribute to Goal 4, target 3[79] and Goal 11, target 3.[80] The actions to prevent and combat violence against women, notably within the prison system, contributed to Goal 5, target 1and 2.[81] Work in the field of local democracy to enhance gender equality contributes to Goal 5, target 5.[82] The Council of Europe’s work on enhancing the legislative and institutional framework and capacities of the judiciary, prosecution service, Free Legal Aid (FLA), State Bureau of Investigation (SBI) and National Preventive Mechanism (NPM) contribute to Goal 16, target B.[83]Work to disseminate the good practices of civil participation and consultations on the electoral reform in the regions contributes to Goal 11, target 3,[84] and Goal 16, target 7.[85] Continued support for the public broadcasting reform and actions to ensure the safety of journalists and the media monitoring the elections contributed to Goal 16, target 10.[86] The work to enhance institutional capacities to fight corruption contributes to Goal 16, target 5[87] and target 6.[88] The mapping of issues relating to the protection of social rights is linked to Goal 10, target 3.[89]

3.2 RISK MANAGEMENT AND SUSTAINABILITY

Due to the nature of its mandate, the Council of Europe sometimes operates in complex and unstable environments which expose it to risks. The risk analysis of the Council of Europe’s Action Plan for Ukraine 2018-2021(Action Plan) and possible mitigation strategies are carried out on the basis of the Council of Europe Risk management guidelines and Risk Management Policy adopted in June 2016. All projects implemented within the Action Plan have their own risk assessment and mitigation modalities.

The implementation of the Action Plan takes place in the context of an ongoing armed conflict in the east of Ukraine and the illegal annexation of the Autonomous Republic of Crimea. As a consequence, the Action Plan cannot be implemented in the territories not under the control of the Ukrainian government to avoid certain risks associated with the conflict. The Council of Europe aimed to reach out to partners and target groups in the territories under government control in the East of the country, whenever possible. For example, activities related to the judiciary, decentralisation, minority rights, media freedom as well as social rights and the rights of Internally Displaced Persons (IDPs) involved a number of partners across the country.

The slowdown of activities and changes stemming from the election timetable (presidential and early parliamentary elections in 2019, and local elections in 2020) were a major challenge. To address this issue, the Council of Europe is in regular contact with the main national partners and with major international stakeholders and organisations (in particular the EU, the UN and the OSCE). Working with the specialised committees of the Verkhovna Rada to build their capacities and knowledge, and to take the preparation of

the reforms to the next level is another important mitigation strategy. The Council of Europe’s advisory bodies – particularly the Venice Commission and the Council of Europe Congress of Local and Regional Authorities (Congress) are involved in negotiations, when necessary and appropriate, to find solutions to challenges. Some examples include discussions on the Election Code, the revision of the legislation on local self-governance, etc.

The lack of a national capacity, notably due to changes in the staffing of the national institutions, in particular following elections, constitutes another serious risk. To mitigate this risk, the Council of Europe successfully reviewed the programme for implementing the activities with the new composition of the executive, the judiciary and legislative bodies in close co-ordination with its international partners and non-governmental organisations (NGOs) to ensure sustainability. The reference made to the priorities set out in the Association Agreement between the EU and Ukraine in the Council of Europe’s work in addition to the recommendations of its monitoring and advisory bodies, brings an additional sustainability factor in case of changes in the offices of national partners.

To address the lack of inter-agency communication, the Council of Europe is stepping up its proactive engagement and communication with and between partners, providing expert support and technical assistance to all stakeholders (notably in protecting the rights of internally displaced persons’ - IDPs and minorities). Establishing new contacts and engaging representatives of different decision-making bodies in meetings and negotiations are important factors for ensuring a wider dialogue.

Involving national academia and in-service training institutions in developing a curriculum based on the Council of Europe’s recommendations is another factor for sustaining the results of the Organisation’s Action Plan and for enhancing ownership among national partners.

To ensure that the increased commitment shown by various national partners to ensuring gender equality and gender mainstreaming continues, these issues need to be kept constantly on the agenda, and capacity building activities need to be considered.

3.3 LESSONS LEARNED

The Council of Europe Project Management Methodology (PMM) involves looking at lessons learned. The following lessons can be drawn from the implementation of this Action Plan during the reference period.

3.4 FUNDING AND PARTNERS

Continued financial support for this Action Plan allows the Council of Europe to build on and set up activities that support the principles of the European Convention on Human Rights and other legal instruments and European standards. The Council of Europe increasingly seeks to deliver on agreed priorities rather than on individual projects and activities.

Country action plans and co-operation documents describe strategic priorities for co-operation and the resources needed to achieve them. This valuable tool is used to pool voluntary contributions (VCs) that are not earmarked or that are broadly earmarked.

The Council of Europe Action Plan for Ukraine 2018-2021 received a total of €29.3 million (99% of the total budget of €29.5 million). With new projects and extensions, the revised budget increased to €32.9 million. Funding available represents 89% of the revised budget, where 11% remains unfunded (€3.6 million).

Action Plan-level funding totalled €18.7 million, and project-level funding totalled €9.1 million.

Gender mainstreaming is considered among the priorities for funding by several donors, in particular Sweden, Finland and Canada.

The figures below provide an illustration of the funding situation:

Figure 2: Funding situation of the Council of Europe for Ukraine 2018-2021,
% share as of 31 December 2019

Figure 3: Funding sources of the Council of Europe for Ukraine 2018-2021,

% share as of 31 December 2019

Figure 4: Funding sources for the Council of Europe for Ukraine 2018-2021,
in thousand euro as of 31 December 2019

Appendix I: LIST OF PROJECTS

LIST OF COUNTRY SPECIFIC PROJECTS:

Title

Duration

Continued support to criminal justice reforms

01/09/2015 - 30/06/2019 (46 months)

Consolidating Ukraine’s Justice Sector Reform

01/04/2017 - 31/07/2018 (16 months)

Strengthening freedom of media, access to information and reinforcing public broadcasting system in Ukraine

01/07/2018 – 31/08/2019 (14 months)

PGG 2018 Strengthening the protection of national minorities in Ukraine

01/01/2018 - 31/12/2018 (12 months)

PGG 2018 Further Support to the Penitentiary Reform in Ukraine

01/01/2018 - 31/07/2018 (7 months)

PGG 2018 Fight against Corruption - Ukraine

01/01/2018 - 31/12/2018 (12 months)

PGG 2018 Freedom of Media in Ukraine II

01/01/2018 - 31/12/2018 (12 months)

Framing cooperation for social rights development in Ukraine

01/11/2018 - 28/02/2019 (4 months)

Translation of the leading ECHR case-law and publications into Ukrainian

01/12/2018 - 30/04/2019 (5 months)

Support to the implementation of the judicial reform in line with the CoE standards

01/02/2016 - 28/02/2018 (25 months)

Decentralisation and Territorial Consolidation

01/07/2015 - 28/02/2018 (32 months)

Strengthening capacity of local elected authorities to implement effective and efficient decentralisation reforms

01/07/2015 - 28/02/2018 (32 months)

Strengthening Freedom of the Media and Establishing a Public Broadcasting System in Ukraine

01/01/2016 - 28/02/2018 (26 months)

Strengthening the human rights protection of Internally Displaced Persons in Ukraine

01/07/2015 - 28/02/2018 (32 months)

Promoting civil participation in democratic decision-making in Ukraine

01/06/2017 - 28/02/2018 (9 months)

Assistance to public authorities in conducting constitutional reform

01/07/2015 - 28/02/2018 (32 months)

Assistance to public authorities in reforming the electoral legislation and practice

01/07/2015 - 28/02/2018 (32 months)

Strengthening Parliamentary capacity to implement CoE standards and policies

01/01/2017 - 28/02/2018 (14 months)

Reform of the electoral practice

01/07/2015 - 28/02/2018 (32 months)

Combating violence against vulnerable groups (women and children) in Ukraine

01/03/2017 - 28/02/2018 (12 months)

Strengthening democracy and building trust at local level in Ukraine

01/07/2018 - 28/02/2021 (32 months)

Supporting Ukraine in the process of execution of judgments of the European Court of Human Rights

01/03/2018 - 31/10/2019 (20 months)

Strengthening the Parliamentary role to implement the Council of Europe standards and policies in Ukraine Phase II

01/11/2018 - 30/04/2020 (18 months)

Decentralisation and local government reform in Ukraine

01/03/2018 - 30/06/2020 (28 months)

The Istanbul Convention: a tool to advance in fighting violence against women and domestic violence in Ukraine

01/09/2018 - 31/12/2020 (28 months)

Internal Displacement in Ukraine: building solutions

01/04/2018 - 30/09/2020 (30 months)

Promoting civil participation in democratic decision-making

15/11/2018 - 31/08/2020

(21 months 17 days)

Enhancing Implementation of the European Human Rights Standards in Ukraine (phase I -2018; phase II - 2019)

01/04/2018 - 31/03/2020 (24 months)

Support to the implementation of the judicial reform in Ukraine

01/06/2018 - 30/11/2020 (30 months)

Supporting constitutional and legal reforms, constitutional justice and assisting the Verkhovna Rada in conducting reforms aimed at enhancing its efficiency: Phase 1

01/04/2018 - 31/03/2020 (24 months)

Protecting national minorities, including Roma, and minority languages in Ukraine

01/03/2018 - 31/08/2020 (30 months)

Supporting the transparency, inclusiveness and integrity of electoral practice in Ukraine

01/04/2018 - 31/03/2020 (24 months)

EU and Council of Europe working together to support freedom of media in Ukraine

10/07/2019 - 09/07/2021 (24 months)

PGG II : 14. Strengthening measures to counter money laundering and financing terrorism in Ukraine

01/01/2019 - 31/12/2021 (36 months)

Promoting social human rights as a key factor of sustainable democracy in Ukraine

01/08/2019 - 31/07/2021 (24 months)

Further support for the execution by Ukraine of ECtHR judgments in respect of Article 6 of the European Convention on Human Rights

01/11/2019 - 30/06/2021 (20 months)

Human rights compliant criminal justice system in Ukraine – Phase I

01/07/2019 - 31/12/2020 (18 months)

EU and Council of Europe working together to strengthen the Ombudsperson’s capacity to protect human rights

10/07/2019 - 09/07/2021 (24 months)

EU and Council of Europe working together to Support the Prison Reform in Ukraine (SPERU)

10/07/2019 - 09/07/2021 (24 months)


LIST OF REGIONAL PROJECTS:

Title

Duration

PGG 2018 Strengthening Access to Justice for Women Victims of Violence

01/02/2018 - 30/11/2018 (10 months)

PGG 2018 Strengthening constitutional justice

01/01/2018 - 31/12/2018 (12 months)

PGG 2018 - Good governance against economic crime (GG-AEC)

01/01/2018 - 31/12/2018 (12 months)

PGG 2018 Cybercrime@Eastern Partnership II (international cooperation) and Cybercrime@Eastern Partnership III (public/private cooperation)

01/01/2018 - 31/12/2018 (12 months)

PGG II: 18. Women's Access to Justice: delivering on the Istanbul Convention and other European gender equality standards in the Eastern Partnership countries

01/01/2019 - 31/12/2021 (36 months)

PGG 2019-2020 Parliamentary initiative to prevent and combat violence against women

01/01/2019 - 31/12/2020 (24 months)

PGG II: 15. Strengthening measures to prevent and combat economic crime in the Eastern Partnership countries

01/01/2019 - 31/12/2021 (36 months)

PGG II: 16. Strengthening the profession of lawyer in line with European standards in the Eastern Partnership countries

01/07/2019 - 31/12/2021 (30 months)

PGG II: 17. Strengthening the access to justice through non-judicial redress mechanisms for victims of discrimination, hate crime and hate speech in Eastern Partnership countries

01/01/2019 - 31/12/2021 (36 months)


Appendix II: FUNDING INFORMATION

as of 31 December 2019, all amounts in Euros

Sectors

Total budget in Action Plan

Funded OB

Funded EU

Funded VC

Total funds secured

Unfunded

1.

Human Rights

8,716,667

443,932

453,555

5,373,338

6,270,825

2,445,842

2.

Rule of Law

12,127,013

802,824

4,869,779

4,944,638

10,617,241

1,509,772

3.

Democracy

6,612,000

50,000

0

5,415,470

5,465,470

1,146,530

4.

Coordination, management and reserves*

2,000,000

180,567

722,266

820,066

1,722,899

277,101

5.

Unallocated unearmarked funding

0

0

0

5,175,462

5,175,462

-5,175,462

TOTAL

29,455,680

1,477,323

6,045,600

21,728,974

29,251,897

203,783

* Includes general management costs and prorated amounts for the PGG II regional components on Coordination, Reserve, and Quick Response Mechanism


[1] This document has been classified restricted until examination by the Committee of Ministers.

[2] The Human Rights Trust Fund (HRTF) brings together seven contributors – Finland, Germany, Luxembourg, the Netherlands, Norway, Switzerland and the United Kingdom.

[3] Until 25 September 2019, the Ministry for Regional Development, Construction and Public Housing and Utilities of Ukraine.

[4] This report was prepared using project reports, including from the European Union-Council of Europe Joint Programme Partnership for Good Governance (PGG), and available evaluation reports. It is worth noting that the independent Results Oriented Monitoring report of the European Union/Council of Europe Partnership for Good Governance (PGG), commissioned by the European Union and issued at the end of 2018, concluded that the assistance delivered under phase I of the PGG was highly relevant, effective and sustainable. Furthermore, the Council of Europe has shown flexibility by adapting to emerging needs. Concerning effectiveness, the report praises the quality of the experts involved in the projects. Sustainability is considered quite high across the programme under all themes and regarding all the countries involved.

[5] The independent Results Oriented Monitoring report of the European Union/Council of Europe Partnership for Good Governance (PGG), commissioned by the European Union and issued at the end of 2018, concluded that the assistance delivered under phase I of the PGG was highly relevant, effective and sustainable.

[6] At the end 2019, the entry into force of the Law was postponed pending revision in order to bring it further in line with the Council of Europe recommendations.

[7]See: www.legalaid.gov.ua (in Ukrainian only).

[8] See: Survey 2015, Survey 2016, Survey 2017 – 2018, carried out by the United States Agency for International Development (USAID).

[9] Ibid.

[10] A Family Conference is an opportunity for family members to get together to jointly develop with their child, a plan which addresses the problems - often drug use or alcohol problems - identified by professionals who know the child, such as the teacher in the correctional institution and/or a social worker. For more information: https://rm.coe.int/2018-ppg-prisons-1-final-project-report-eng/16808cde27.

[11] See page 27 for information on co-operation with international partners.

[12] As attested by a co-ordinated collection of almost 100 comments on the Electoral Code and the Law on the Status of Local Councillors presented to the Verkhovna Rada.

[13] The Venice Commission/Directorate General of Human Rights and Rule of Law Opinion CDL-AD(2019)027 “On amendments to the legal framework  governing the Supreme Court  and judicial governance bodies”.

[14] The SBI Department of Execution of Judgements jointly with the prosecution service and Office of the Government Agent before the ECtHR started developing the interagency Instruction on the effective investigation of cases under Article 2 (Right to Life) and 3 (Prohibition of Torture) of the ECHR.

[15] The Kaverzin group of cases concern torture and/or ill-treatment by the police, mostly to obtain confessions, and the lack of effective investigations into such complaints and of an effective remedy in this respect.

[16] These amendments take into account the recommendations provided by the Council of Europe as well as by the European Union (EU) twinning project.

[17] Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. Goal 16 target 16b: Promote and enforce non-discriminatory laws and policies for sustainable development.

[18] Goal 16 target 6: Develop effective, accountable and transparent institutions at all levels.

[19] Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. Goal 16 target 16b: Promote and enforce non-discriminatory laws and policies for sustainable development.

[20] Opinion (CDL-AD(2017)030) on the provisions of the Law on education adopted by the Venice Commission at its 113th Plenary Session (8-9 December 2017).

[21] These consultations were organised as part of the regional Joint EU/Council of Europe Programme Partnership for Good Governance (PGG).

[22] Opinion (CDL-AD(2019)032) on the Law on Supporting the Functioning of the Ukrainian Language as the State Language, adopted by the Venice Commission at its 121st plenary session (6-7 December 2019).

[23] Goal 4: Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all. Goal 4 target 3: By 2030, ensure equal access for all women and men to affordable and quality technical, vocational and tertiary education, including university.

[24] Goal 10: Reduce inequality within and among countries. Goal 10 target 2: By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status.

[25] Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. Goal 16 target 16b: Promote and enforce non-discriminatory laws and policies for sustainable development.

[27] Almost 90% of such cases in 2018.

[28] Cabinet of Ministers of Ukraine (CMU) Resolution 819 as of 10 October 2018.

[29] CMU Resolution 769 as of 12 September 2018.

[30] Goal 10: Reduce inequality within and among countries. Goal 10 target 2: By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status. Goal 10 target 3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and actions in this regard. Goal 10 target 7: Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies.

[31] Goal 4: Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all. Goal 4 target 7: By 2030, ensure that all learners acquire the knowledge and skills needed to promote sustainable development, including, among others, through education for sustainable development and sustainable lifestyles, human rights, gender equality, promotion of a culture of peace and non-violence, global citizenship and appreciation of cultural diversity and of culture’s contribution to sustainable development.

[32] Including presentation of the Council of Europe Gender Equality Strategy 2018-2023 in Kyiv to the Ukrainian authorities, decision-makers, representatives of civil society and the international community on 22 May 2018. The event was organized in close co-operation with the Office of the Ukrainian Vice-Prime Minister Ms. Ivanna Klympush-Tsintsadze and the Ukrainian Government Commissioner for Gender Policy, Ms. Kateryna Levchenko.

[33] The trainings took place in Kyiv (22-24 April 2019), Khmelnytskiy (18 May 2019), Odesa (8 June 2019), Zaporizhzhya (22 June 2019), Kharkiv (12 July 2019), Ternopil (28 September 2019), and Lutsk (28 September 2019).

[34] The development of a resulting report assessing Ukrainian legal and policy, complete with recommendation and checklists for social and health service providers, educators, police, prosecutors, judges and lawyers will be provided in the coming period.

[35] Goal 5: Achieve gender equality and empower all women and girls. Goal 5 target 1: End all forms of discrimination against all women and girls everywhere. Goal 5 target 2: Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.

[36] Law “On Amendments to the Criminal Code of Ukraine and other legislation on the Protection of Children against Sexual Abuse and Sexual Exploitation” (No. 2016) adopted by Verkhovna Rada on 14/03/2018.

[37] Barnahus (Children’s House) is a Council of Europe-promoted model for addressing child sexual abuse by co-ordinating parallel criminal and social welfare investigations in a child-friendly and safe environment.

[38] Goal 5: Achieve gender equality and empower all women and girls.

[39] Goal 10: Reduce inequality within and among countries. Goal 10 target 3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard.

[40] The Protocol provides that States’ highest courts may apply to the European Court of Human Rights (ECtHR) for opinions on questions of principle regarding the interpretation and/or application of rights and freedom defined in the European Convention on Human Rights (ECHR) and its protocols. The goal of the new protocol is to resolve these questions before they reach Strasbourg, saving the ECtHR resources and enabling speedier resolution of cases at the national level.

[41] Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

[42] Above all abolishing the general supervisory function of the prosecution service, which was contrary to European standards.

[43] In comparison, only about 2000 persons made use of the FLA in 2012.

[44] “Pravo” means law in Ukrainian.

[47] Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

[48] Goal 5: Achieve gender equality and empower all women and girls.

[49] Goal 3: Ensure healthy lives and promote well-being for all at all ages. Goal 3 target 5: Strengthen the prevention and treatment of substance abuse, including narcotic drug abuse and harmful use of alcohol.

[50] Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. Goal 16 target 4: By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organised crime.

[51] Based on the document CDL-AD(2016)007-e: Rule of Law Checklist, adopted by the Venice Commission at its 106th Plenary Session (Venice, 11-12 March 2016).

[52] Goal 16 target 3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

[53] During the reporting period, the Council of Europe delivered 20 expert opinions and assessments, held 26 events involving more than 1400 participants (718 women and 714 men) and issued five publications. In 2018, the Council of Europe initiated or participated in more than 60 bilateral meetings with stakeholders.

[54] Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. Goal 16 target 3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. Goal 16 target 6: Develop effective, accountable and transparent institutions at all levels.

[55] The Council of Europe report on the system of financing of the UA:PB was prepared in 2018 and published in January 2019

[56] The daily media monitoring implemented by more than 20 monitors and experts during the 105 days of the presidential campaign in ten national TV channels, eight online media, eight talk shows and 38 Facebook pages and during the 30 days of the parliamentary elections campaign in ten national TV channels, eight online media, seven talk shows and ten Facebook pages.

[57] Recommendations based on the findings of the media monitoring (in English) can be found here: http://www.cje.org.ua/sites/default/files/Recommendations%20ENGL%20final.pdf. All news of media monitoring as well as interim and final reports are available here: http://www.cje.org.ua/ua/elections (link available in Ukrainian).

[58] Goal 16 target 10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.

[59] Goal 16 target 5: Substantially reduce corruption and bribery in all their forms. Goal 16 target 6: Develop effective, accountable and transparent institutions at all levels.

[60] The Donor Board on Decentralisation Reform in Ukraine was established in 2017. This is a co-ordination platform, where the MinRegion and representatives of donor agencies, foreign diplomatic missions in Ukraine and international organisations discuss and co-ordinate their activities for implementing the reform while trying to achieve maximum synergy and results.

[61] The plan is to finish the process of amalgamation of 2 000 more communities by the end of 2020.

[62] The role of the prosecution service in this respect was abolished with the adoption of the Constitutional amendments on the judiciary. This role was supposed to have been taken over by the prefects, but the Constitutional amendments on decentralisation were not adopted.

[63] On 29 June 2017, the National Association of Local Authorities of Georgia, the Congress of Local Authorities from the Republic of Moldova and the Association of Ukrainian Cities signed a Memorandum of Understanding to strengthen their co-operation and dialogue on local self-government.

[64] Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. Goal 16 target 6: Develop effective, accountable and transparent institutions at all levels. Goal 16 target 7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.

[65] Goal 11: Make cities and human settlements inclusive, safe, resilient and sustainable. Goal 11 target 3: By 2030, enhance inclusive and sustainable urbanization and capacity for participatory, integrated and sustainable human settlement planning and management in all countries.

[66] OSCE/ODIHR ODIHR Election Observation Mission Final Reports on Presidential Elections: https://www.osce.org/odihr/elections/ukraine/439631?download=true and on Early Parliamentary Elections: https://www.osce.org/odihr/elections/ukraine/439634?download=true

[67] See the chapter on media freedom or more details on monitoring the media landscape during the elections, which was organised with the assistance of the Council of Europe.

[68] The Verkhovna Rada terminated the authority of the previous CEC following a proposal by the President on 13 September 2019 and it appointed new members of the CEC on 4 October 2019.

[69] Goal 5: Achieve gender equality and empower all women and girls. Goal 5 target 5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.

[70] More than 500 NGOs are active in Kyiv according to the data from the Department of Social Communications of the Kyiv City State Administration.

[71] The Portal "Spilno” (“Together”) is being designed by NGO experts in co-operation with the Department of Social Communications (Kyiv City State Administration) and the Secretariat of the Kyiv City Council.

[72] Goal 16 target 7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.

[73] The theme “Inclusiveness of regional and local development” was a topic of the 2018 Contest “Best Practices of Local Self-Government”.

[74] Goal 4: Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.

[75] Goal 5: Achieve gender equality and empower all women and girls.

[76] Goal 10: Reduce inequality within and among countries.

[77] Goal 11: Make cities and human settlements inclusive, safe, resilient and sustainable.

[78] Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

[79] Goal 4 target 3: By 2030, ensure equal access for all women and men to affordable and quality technical, vocational and tertiary education, including university

[80] Goal 11 target 3: “By 2030, enhance inclusive and sustainable urbanization and capacity for participatory, integrated and sustainable human settlement planning and management in all countries

[81] Goal 5 target 1: End all forms of discrimination against all women and girls everywhere. Goal 5 target 2: Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.

[82] Goal 5 target 5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life

[83] Goal 16 target B: Promote and enforce non-discriminatory laws and policies for sustainable development.

[84] Goal 11 target 3: By 2030, enhance inclusive and sustainable urbanization and capacity for participatory, integrated and sustainable human settlement planning and management in all countries.

[85] Goal 16 target 7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.

[86] Goal 16 target 10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.

[87] Goal 16 target 5: Substantially reduce corruption and bribery in all their forms.

[88] Goal 16 target 6: Develop effective, accountable and transparent institutions at all levels.

[89] Goal 10 target 3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard.