President of the European Council
Herman Van Rompuy

A meeting of the Crimean NGOs was held in Simferopol on September 14, 2013, where there was adopted the «Statement in connection with the forthcoming signing of the Association Agreement between Ukraine and EU», addressed to the President of Ukraine, the EU leadership and the heads of the EU member states.

Sending you this Statement for information and decision making.

Please, send the response to the following address:

Abduraimov V.E.
Krylova str., 3/5
Simferopol, Crimea,
Ukraine, 95011

Sincerely,
Chief Manager Abduraimov V.E.

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STATEMENT IN CONNECTION WITH THE FORTHCOMING
SIGNING OF THE AGREEMENT ON ASSOCIATION OF UKRAINE WITH EU

The Ukraine is going to sign the Agreement on association with EU in November 2013 in Vilnius. In order to receive a right for association EU put in front of Ukraine a number of requirements to be executed, without which a signing of the document will be impossible.

In particular, the Ukrainian members of parliament must have time to accept a number of laws till the beginning of the Vilnius Summit otherwise the road to Europe for Ukraine will be closed.

The Members of Parliament as from a party of power as from an opposition, who accepted five of seven drafts from the set ordered by Brussels, demonstrated that majority of the Ukrainian elite has decided finally, what is a vector of the integration i.e. to the EU. But that is their choice! And what Ukrainian People does think about it?

Indisputably, every People has a right to choose own fate: what kind of unions to build, what associations to enter into, with whom to be friends and from whom to be a little rather. And if the EU is a choice of the Ukrainian People that can be found out only by national will it is necessary to regard it with understanding and respect.

Along that way it is necessary to show a respect and understanding of the will of peoples and habitants of regions, who became a part of the modern Ukraine as a result of geopolitical breakings and re-establishment of borders. First of all it concerns the Autonomous Republic of Crimea and its habitants, including Indigenous Peoples — Crimean Tatars, Karaites and Krymchaks.

Making a choice in a favor of EU, the Ukrainian authorities did not even ask, would all citizens of Ukraine want it? What is an attitude of Crimean Tatar People returning to his historical Motherland Crimea to that? And will more than 150000 Crimean Tatars be able to return to Motherland from CIS states after an insuperable cordon really will grow between Ukraine and CIS?

Until now in Ukraine:

— were not restored the rights of the peoples repressed by Stalin (including through fault of the USA and his allies).

— there is no the Law on a Rehabilitation and Restoration of Rights of Repressed Crimean Tatar People.

— the Agreement on Questions related to the Restoration of the Rights for the Deported Persons, National Minorities and Peoples between CIS states (Bishkek agreement) has not been prolonged. The term of validity of the Agreement had finished on May 30, 2013

— the Program of return, resettlement and integration of the formerly deported on national basis citizens and their descendants returning to Motherland has been frozen. Factually even a financing of earlier approved programs stopped.

-during decades the land for repatriates for house-building and economic activity is not being allocated.

-there are not conditions for adequate realization of a right on education in native language, for return of cultural and spiritual heritage of the Crimean Tatar People, for maintenance of customs, traditions, culture and spiritual values of nation.

International organizations, including UN, repeatedly tried to attract an attention of the Ukrainian State to a necessity of without delay restoration of the rights for formerly repressed Crimean Tatar People and other persons were deported on national basis. For example, on September 14, 2011, the UN Committee on Elimination of Racial Discrimination declared in his concluding observations on Ukrainian report:

«16. The Committee notes with concern the absence of legislation on indigenous peoples implementing the guarantees to indigenous peoples and national minorities contained in articles 11 and 92 of the Constitution (art. 2 (2)).

The Committee urges the State party to adopt legislation to protect indigenous peoples and guarantee their economic, cultural and social development, and to consider ratifying the ILO Convention No. 169 on Indigenous and Tribal Peoples (1989).

17. The Committee continues to be strongly concerned by information alleging difficulties experienced by Crimean Tatars who have returned to Ukraine, including lack of access to land, employment opportunities, insufficient possibilities for studying mother tongue, hate speech against them, lack of political representation, and access to justice. The question of restitution and compensation for the loss of over 80 000 private dwellings and approximately 34 000 hectares of farmland upon deportation remains of serious concern, particularly as 86% of the Crimean Tatars living in rural areas did not have the right to participate in the process of agricultural land restitution as they had not worked for the State enterprises. The Committee is also interested in following up the situation regarding the enjoyment of human rights by members of other ethnic groups deported in 1944 (art. 5 (b), (d) (v) and (e) (i), (iii) and (v)).

The Committee recommends that the State party ensure the restoration of political, social and economic rights of Tatars in the Crimea, in particular the restitution of property including land or the compensation for its loss under the Civil Code, or through a special law to be adopted to that end. The Committee further recommends that the State party provide updated information in its next periodic report on the enjoyment of human rights by members of other formerly deported ethnic groups.

18. The Committee also notes with concern various reports alleging that the communities of Krymchaks and Karaites are on the verge of extinction (art. 2 (2)).

The Committee urges that the State party adopt as a matter of priority special measures to enable the preservation of the language, culture, religious specificities and traditions of Krymchaks and Karaites, in accordance with the Committee’s General Recommendation No. 32 on the Meaning and Scope of Special Measures (2009)».

Also, the OSCE High Commissioner on National Minorities Knut Vollebaek talked about a necessity of solution of these problems in his report on «Integration of the formerly deported persons in Crimea, Ukraine» (on August 16, 2013), in which the concrete recommendations for Ukraine for solution of the problems in this area were given.

Until now Ukraine didn’t revise a position with regard to the UN Declaration on the Rights of Indigenous People, refusing to acknowledge not only the rights but also a presence of the indigenous ethno-cultural communities in Ukraine: Crimean Tatars, Karaites, Krymchaks, Urums and Gagauzes…

EU has to be consecutive in its conditions and requirements towards Ukraine thoroughly.

Among other conditions for signing of the Agreement on Association between Ukraine and EU the requirements on observance of the Rights of Indigenous Peoples of Ukraine, Restoration of Rights and Rehabilitation of formerly repressed Crimean Tatar People as well as other ethnic groups, which were repressed on the national basis, must be put in front of Ukrainian State.

Without the observance of these conditions a legitimacy of signing of the Agreement on association of Ukraine with EU will cause huge doubts -as for these peoples and as for European community of nations, from the point of view of the observance of standards and norms of the European and International Law.

The signing of such agreement can take place also with a condition that EU to guarantee a Restoration and Observance of the Rights and Legitimate Interests of Indigenous Peoples of Ukraine at legislative level, including formerly repressed Crimean Tatar People and other ethnic groups, and if EU will undertake a financial burden related to the solution of all questions and problems of repressed and Indigenous Peoples of Crimea and Ukraine.

Without the observance of these conditions, a signing of the Agreement on association of Ukraine with EU will be premature and unjustified.

Chairman of the Executive Committee International 

Public Organization «Milli Firka»
Ablaev R.

President Nongovernmental Organization Foundation

for Research and Support of the Indigenous Peoples of Crimea
Bekirov N.

President Crimean Republican Organization
Of The Party «United Left and Peasants»
Umerov E. 

Chairman Crimean Republican Federation of
Tatars and Bashkirs
Massalimov M. 

Chairman Public Organization
«Crimean Center «Initiative»
Ametov K. 

Chairman of the Board Charitable Foundation
«Vatandash-Compatiriot»
Khalilov R.