Article 2

The provisions of this framework Convention shall be applied in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighborliness, friendly relations and co-operation between States.

51. For Crimean Tatars the CIS countries multilateral Agreement on the Questions Relating to the restoration of the Rights of the Deported Persons, National Minorities and the Peoples signed on October 9th, 1992 in Bishkek (Kirgizstan) should play a very vital role.
52. Ukraine (in 1993) and Uzbekistan (in 1992) have ratified Agreement on the questions relating to restoration of rights of deported persons, national minorities and peoples� (Bishkek Agreement). Article 1 reads: "Parties shall provide deported persons voluntary returning to places of their residence on moment of deportation with conditions for settlement, education, national, cultural and spiritual development as well as political, economical and social rights equally with the citizens constantly live there". Under the Constitution of Ukraine this agreement is a part of national legislation of Ukraine.
53. The provisions of this and most of the others articles are not observe by Ukraine . After the agreement was ratified in Ukraine, the Crimean Tatars were not provided with the parity of constitutional rights with Ukrainian citizens. In cases dealing with Crimean Tatars, authorities apply other laws putting an obvious difference between citizens and non-citizens.
54. But for the reasons mentioned above nobody can make the Government implement it. For example that Agreement makes free from payment of taxes of deportees, who have not been resettled on their Motherland yet. But those people are to pay taxes, because authorities enforce them to. Article 1 of that agreement says that the State shall ensure for them the equal political, economic and cultural rights with those citizens who are permanently residing in these States. There is no requirement to become a citizen of correspondent State to enjoy equal political rights. In fact because of absence of the Ukrainian citizenship more than 70 000 of Crimean Tatars were refused to take part in the general elections hold March 29, 1998. Although in spite of that it was allowed in the elections of 1994. Other limitations will be shown below.
55. Ukrainian Government from time to time applies to the potential foreign and international donors with the request to grant the money for the repatriation and the resettlement of Crimean Tatars. But the point is that those finances, even if allocated, are used excluding participation and disregarding the interests of the legal representatives of Crimean Tatars.
56. Very important point is deliberate non-including into the official statistics of the fact displaying real situation about the enjoyment of the economic, social and cultural rights by the different national groups. Instead of comparable figures on different groups of population, the average indices are introduced, which are not affecting the true state of affairs.
57. It was pointed out in the Concluding Observations on the report of Ukraine of the Committee on Economic, Social and Cultural Rights in 1995 that �the consequent exclusion of such persons from certain social indicators, such as those about employment and poverty, may deprive them of the full enjoyment of their economic, social and cultural rights. In this connection, it recalls the provisions of article 2, which states that the rights enunciated in the Covenant must be exercised without discrimination of any kind, inter alia, as to national or social origin� (UNO Doc.: E/C.12/1995/15). The same things were noticed by the Committee on the Elimination of Racial Discrimination in 1998 on the Ukrainian Government's reports that ��. many of the Committee's previous concluding observations (A/48/18, paras. 42-65) were not taken into consideration for the elaboration of Ukraine's thirteenth report, especially in regard to the extent to which the Convention is being implemented in the State party (para. 47); lack of information on legislation enacted to implement the punitive provisions of article 4 of the Convention (para. 50); lack of information on complaints and convictions for acts of racial discrimination established under article 66 of Ukraine's Criminal Code (para. 52); and the inadequacy of demographic data on the different ethnic groups living in the State party.� (UNO Doc.: CERD/C/304/Add 48, 8).



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