Serious Shortcomings of Ukraine’s Law On National Minorities (Communities)

One crucial issue seems to have been lost in the noise of all sorts of pro-Ukraine statements, as well as in the communications of the Kyiv government, namely that Ukraine, apart from extending the deadline for the introduction of new rules for mother tongue education by one year, does not intend to fully guarantee the rights of national minorities living on its territory. Despite the critical opinion of the Venice Commission (VC), the Ukrainian government claims that the implementation of the Law ’On National Communities’ is an important step towards European integration.

Despite Kyiv’s failure to meet all the conditions of the European Commission necessary to start EU accession negotiations, this will not prevent the start of negotiations, it was announced by Ukrainian government officials.

The criterion regarding national minorities is not completely fulfilled, in particular, taking into account critical opinion on the Law of Ukraine ’On National Communities (minorities)’, coming from the Venice Commission of the Council of Europe. Earlier, two EU member states, Romania and Hungary expressed dissatisfaction with the adopted law on national minorities and repeatedly asked Ukraine to reconsider it, and to provide guarantees for the protection of the rights of the national minorities.

The VC issued a critical opinion on Ukraine’s law ’On National Minorities (Communities)’, the adoption of which was mentioned among the European Commission’s recommendations for granting Ukraine candidate status. Most of the recommendations concern the use of the language of national minorities. Among other things, the VC calls for extending the right to hold events in minority languages to all people and removing the obligation to provide their Ukrainian translation.

The recommendations relate to the revision of other laws, in particular with regard to ’limiting the freedom to use minority languages and differentiated treatment of minority languages’ and the right of access to media in minority languages by abolishing language quotas in the Law on Media. Separately, the Venice Commission requests that the conversion of the education system into Ukrainian and the continuation of the transition period be postponed once again.

’This conclusion would affect the authority of the Venice Commission but not the movement of Ukraine to the EU’, Olha Stefanishyna, Deputy Prime Minister for European and Euro-Atlantic Integration said, commenting on the conclusion of the Venice Commission.

Despite the critical opinion of the VC and objections from some countries, on July 1, the Law of Ukraine ’On National Minorities (Communities) of Ukraine’ entered into force.

’The entry into force of the Law ’On National Minorities (Communities) Of Ukraine’ is an important step of Ukraine toward European integration. This is our contribution to the future victory over the enemy, as it consolidates the Ukrainian nation, and strengthens the unity of all citizens regardless of ethnic, cultural, linguistic, or religious affiliation,’ State Language Protection Commissioner Taras Kremin said.

What can be added to this?

For the past year and a half Europe has not only tried to understand Ukraine and its peculiar mentality, but also sought to adopt the Ukrainian stance itself.

In fact, it has worked out very well, even too perfect, because instead of pushing Kyiv to fufil the criteria for opening accession negotiations, Brussels has been ignoring Ukraine’s intentional or unintentional mistakes, and has been simply turning a blind eye to these shortcomings, saying: ’No problem, that national minorities belonging to EU countries are suffering from violation of their rights in Ukraine, the main thing is that we can release another beautiful statement of support’.

If the EU was a credible, truly values-based bloc, it would negotiate endlessly with Ukraine to push it to meet all the accession criteria. If those conditions are unacceptable for Ukraine or cannot be met, Brussels should simply close a window rather than open the door wider and wider. Ukraine certainly must be supported in its European integration, but not at the expense of Brussels accepting Kyiv’s terms.

Sources:

 https://www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2023)019-e
 https://www.ukrinform.net/rubric-polytics/3722268-venice-commission-publishes-recommendations-on-ukrainian-law-on-national-minorities.html
 https://mova-ombudsman.gov.ua/en/news/taras-kremin-entry-into-force-of-the-law-on-national-minorities-is-an-important-step-of-ukraines-european-integration-way


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