14 November 2013

      ODGProg/INF(2013) 5 final

      Council of Europe Action Plan

      for Ukraine 2011-2014

      (Revised)

      Revised version following the
      Steering Committee Meeting of 12 June 2013, Kyiv

      Document prepared by the Council of Europe Secretariat (updated 30 September 2013)

      TABLE OF CONTENTS

      INTRODUCTION 3
      1. HUMAN RIGHTS 5
      2. RULE OF LAW 17
      3. DEMOCRACY 24

      APPENDIX I – COMPLETED PROJECTS 35

      APPENDIX II – PROJECTS REQUIRING ADDITIONAL CONSULTATIONS WITH
      THE UKRAINIAN AUTHORITIES FOR THE NEXT PROGRAMMING CYCLE
      45

      APPENDIX III – COE / UKRAINE DOCUMENTS RELEVANT TO THE IMPLEMENTATION OF THE COUNCIL OF EUROPE ACTION PLAN FOR
      UKRAINE 2011 – 2014
      50

      APPENDIX IV – LIST OF NATIONAL STAKEHOLDERS 52
      APPENDIX V – LIST OF INTERNATIONAL ORGANISATIONS AND PARTNERS 53

      APPENDIX VI – ACTION PLAN FOR UKRAINE 2011-2014
      - LOGICAL FRAMEWORK
      54

      APPENDIX VII – FINANCIAL INFORMATION 62

      INTRODUCTION

      Since the accession of Ukraine to the Council of Europe on 9 November 1995, one of the main objectives of co-operation activities has been to support the country in honouring its statutory obligations, and the commitments taken upon accession to the Council of Europe. However, beyond these statutory obligations, Ukraine volunteered to fulfil a number of specific commitments in order to improve democracy, human rights and the rule of law in the country; these various obligations and commitments are laid out in PACE Opinion No. 190 (1995).

      Pursuant to the Memorandum of Understanding between the Government of Ukraine and the Council of Europe concerning the establishment of an Office of the Council of Europe in Ukraine and its legal status of 6 November 2006 (hereafter - the Memorandum), the Parties resolved to facilitate further democratic development in Ukraine, in particular through full and efficient implementation of an Action Plan.

      The Action Plan 2011-2014 (DPA/Inf(2011)17 rev) was designed in close collaboration with the Ukrainian authorities through bilateral consultations and co-ordination meetings with the Ministry of Foreign Affairs, the specialised ministries and agencies, and other national stakeholders, with the assistance of the Representative of the Secretary General of the Council of Europe on the coordination of co-operation programmes.

      The Action Plan took account the experience of implementation and the results of the Council of Europe Action Plan for Ukraine 2008-2011 (DSP(2008)15), adopted at the 1032nd Meeting of the Ministers’ Deputies on 9-10 July 2008), and aims to support Ukraine in meeting its remaining statutory and specific obligations as a Council of Europe member state. It provides a package of priority actions to help bring Ukrainian legislation, institutions and practice into line with European standards in the areas of human rights, the rule of law and democracy.

      The Action Plan is periodically jointly monitored by the Council of Europe and the Ukrainian authorities, with a view to assessing the implementation of approved projects, their achievements and results, impacts and outcomes. During its implementation phase, the Action Plan may incorporate, when agreed by both sides, additional projects, according to clear benchmarks and timelines to be defined further through bilateral consultations.

      A first “Review of the state of implementation of the Council of Europe Action Plan for Ukraine 2011-2014”1 for the period July 2011-July 2012 was presented to the Committee of Ministers meeting on 24 October 2012 to evaluate the Action Plan results and achievements. A second review2 for the period July 2012-July 2013 was examined during the Rapporteur Group on Democracy (GR-DEM) meeting of 10 October 2013. The Ministers Deputies took note of it at their 1181st meeting (16 October 2013)

      These reviews provided a comprehensive assessment of the Action Plan implementation results during the evaluation periods in the areas of judiciary, protection of human rights, local democracy, children’s rights, free and fair elections, social security, media, the fight against corruption and cybercrime, culture, education and youth.

      The revised Action Plan 2011-2014 contains a comprehensive inventory of completed, ongoing and planned co-operation projects .

      Further to the request of the Ukrainian authorities, a number of new projects have been introduced in priority co-operation areas such as reform of the judiciary, protection of human rights and local self-government. The revised Action Plan also contains a list of projects requiring additional consultations with the Ukrainian authorities for the next programming cycle (2014-2015).

      This revised Action Plan was discussed and endorsed at the Council of Europe/Ukraine Steering Committee meeting held on 12 June in Kyiv 2013.

      The Projects are presented under three pillars and their respective sectors, as defined by the bi-annual Council of Europe Programme of Activities in the areas of human rights, democracy and the rule of law.

      The projects included in the Action Plan are funded by the Organisation’s Ordinary Budget (OB), Voluntary Contributions (VC) and Council of Europe/European Union joint programmes (JPs).

      In accordance with the Memorandum between the Government of Ukraine and the Council of Europe, the Representative of the Secretary General of the Council of Europe in Ukraine shall provide every six months and on an ad hoc basis progress reports on the projects set forth by the Action Plan to the Secretary General of the Council of Europe. A copy of such reports shall be forwarded to the Ministry of Foreign Affairs of Ukraine for information and analyses of effectiveness of the Action Plan implementation.

      The revised Action Plan shall be evaluated at the end of the implementation period with a view to assess results, impact and outcomes.

      1. HUMAN RIGHTS

    1.1. Ensuring protection of human rights

      Project 1.1.1: Improving the protection of human rights in the context of the European Convention on Human Rights, by enhancing the capacity of the Government Agent before the European Court of Human Rights

    Reference3: VC/2805

    Duration: January 2011 – December 2014

    Implementation status: ongoing

      Total cost: € 100 000

    Funding: OB funding secured in 2011/12.

      Partners: Ministry of Justice of Ukraine (including the Secretariat of the Government Agent before the Court), the Supreme Court of Ukraine

      Source of justification:

      1. ECtHR judgments with findings of violations in Ukraine (non-execution of domestic court judgments, prolonged and unjustified detention periods, violations of fair trial, property rights and other provisions of the ECHR).

      2. Report by the Council of Europe Commissioner for Human Rights on his visit to Ukraine, 10–17 December 2006.

      3. Interlaken Declaration.

      4. Requests by national authorities and partner institutions for activities and consultations with the European Court of Human Rights (ECtHR) and the Department for the Execution of Judgments of the ECtHR.

      Overall objective: To enhance co-operation between the Council of Europe and Ukraine in the area of human rights protection.

      Specific objectives: To further improve convention mechanisms and observance of human rights by enhancing the capacity of Secretariat staff of the Government Agent for the Court in use of European human rights standards and norms in their everyday work; to enhance a European culture of human rights in Ukraine (in line with the aspiration to membership or closer ties with the European Union) by enhancing education, training, monitoring and awareness of European human rights standards and by reinforcing the work of international human rights mechanisms, inter alia, through the observance and implementation of the Convention.

      Expected results and main activities:

      Within the framework of the project, suggested activities include providing expert support and training for the staff of the Secretariat of the Government Agent before the Court, on the implementation of the Convention and activities of the Court and, in particular, the provision of additional training concerning the Convention’s standards and the Court’s case law. Implementation of the project will increase their awareness of European human rights standards and their observance of these rights in professional activities.

    1.2. Promoting human rights

      Project 1.2.1: Reinforcing the fight against ill-treatment and impunity

    Reference: JP/2628

      Duration: July 2011 – December 2013

      Implementation status: ongoing Total cost: € 700 000 (approximate budget allocation for Ukraine from a regional programme)

      Funding: secured (CoE/EU Joint Programme)

      Partners: Office of the Prosecutor General of Ukraine, Ministry of Internal Affairs of Ukraine, Supreme Court of Ukraine and lower instance courts, National School of Judges of Ukraine, Ministry of Justice of Ukraine, Ukrainian Parliamentary Commissioner for Human Rights, State Penitentiary Service of Ukraine, National Academy of Prosecutors, Bar Associations, Centre for Judicial Studies, Association of Judges

      Source of justification:

      1. ECtHR judgments with findings of violations in Ukraine with regard to ill-treatment and its improper investigation (the recent quasi-pilot judgment is Kaverzin v. Ukraine, 2012).

      2. Reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on the periodic visits to Ukraine in 2002, 2005, 2007, 2009, 2011 and 2012.

      3. Report by the Council of Europe Commissioner for Human Rights on his visits to Ukraine on 10–17 December 2006 and 19-26 November 2011.

      4. Interlaken and Brighton Declarations.

      5. Requests by national authorities and partner institutions for activities and consultations with the European Court of Human Rights (ECtHR) and the Department for the Execution of Judgments of the ECtHR.

      Overall objective: To reinforce national capacities for combating ill-treatment by law enforcement agencies and penitentiary institutions, including strengthening the effectiveness of investigations of allegations of ill-treatment.

      Specific objectives: To further develop the regulatory framework and support complaint systems that meet international standards; to enable key groups of legal professionals and decision-makers to apply these standards in their daily work; and to promote regional synergy and co-operation. To facilitate measures needed to execute the relevant judgments of the ECtHR and compliance with the recommendations of the CPT.

      Expected results and main activities:

      Relevant actors, including judges, prosecutors, lawyers, police and penitentiary officials are trained and provided with access to relevant materials to be able to fulfil their responsibilities in accordance with these standards. Regional co-operation is reinforced and good practice is exchanged between Ukraine and four other beneficiary countries, with input from other Council of Europe (CoE) member states with relevant experience.

      The activities include a series of international and national expert meetings with key decision makers and legal professionals; a series of training seminars for relevant stakeholders on European criteria for the effective investigation of ill-treatment; regional conferences for the exchange of best practices; preparation, publication and distribution in national languages of relevant training and capacity-building materials including the Court’s case law, legislative expertise, research/studies of operational framework, training handbooks, modules and brochures for law enforcement and penitentiary officials.

      Project 1.2.2 Strengthening professional training on the ECHR – European Programme for Human Rights Education for Legal Professionals (the HELP Programme)

    Reference: VC/2350

      Duration: March 2013 – December 2013

      Implementation status: ongoing

      Funding: Funded by the Council of Europe Human Rights Trust Fund

      Total cost: € 60 000 (appropriation for Ukraine under a multilateral project)

      Partners: National Academy of Prosecutors of Ukraine, National School of Judges of Ukraine, Centre for Judicial Studies of Ukraine, National School of Judges of Ukraine, Higher Qualification Commission of Judges of Ukraine, State Court Administration of Ukraine, the Bar Association of Ukraine

      Overall objective: To support member states in the implementation of the European Convention on Human Rights (ECHR) at the national level, by enhancing judges’, prosecutors’ and lawyers’ capacities to apply the ECHR in their daily work.

      Specific objectives: To enhance the capacity of judges, prosecutors and lawyers to apply the ECHR at a national level by providing them with adequate e-learning on the ECHR and related themes; to enhance the capacity of lawyers to comply with the admissibility criteria in applications submitted to the ECtHR and increase the quality of well-founded applications before the ECtHR.

      Expected results and main activities:

      Integration of model ECHR curricula in the national mandatory training for judges and prosecutors, as well as for lawyers, using the HELP methodology and tools and providing access to ECHR materials and tools, including those available online. Ukrainian national training institutions increase their participation in the HELP Network for the exchange of good practices and experience.

      The activities include the adaptation of the e-learning course on child-friendly justice and its attendance by some 30 Ukrainian judges; participation in the 2013 HELP Network Conference on “Cross-cutting aspects in training of legal professionals”, contributing to the development of the HELP national page in Ukrainian, in co-operation with the HELP Focal Point for Ukraine.

      Project 1.2.3: Strengthening the lawyers’ capacity for domestic application of the European Convention on Human Rights (ECHR) and of the Revised European Social Charter (RESC)

    Reference: JP/2410

      Duration: January 2013 – June 2015

      Implementation status: ongoing (regional project for 6 countries, including Ukraine)

      Total cost: € 400 000 (appropriation for Ukraine under a regional project)

      Funding: secured (Joint Programme between the European Union and the Council of Europe)

      Partners: Ukrainian Bar Association, Ombudsperson’s Office, Human Rights NGOs

      Source of justification:

      1. National judgments and ECtHR case law, their statistics and results of monitoring;

      2. Analytical exercises. Experts’ and participants’ feedback; test results;

      3. Mission reports; project reports and other relevant documentation prepared within the framework of the project's objective;

      4. Enrolment of lawyers to the HELP website and their participation in its forums; discussions and updates of materials. Feedback from the HELP Programme's Co-ordinator and focal points; feedback from website users;

      5. Requests for new materials. 

      Overall objective: To develop national capacities for effective human rights protection by increasing knowledge and skills on the European Convention on Human Rights (ECHR) and the Revised European Social Charter (RESC).

      Expected results and main activities:

      1. A strengthening of national capacities to train and retrain lawyers on selected articles of the ECHR through the prism of Article 14 and Protocol No.12 of the ECHR, as well as the RESC (Article E);

      2. National groups of trainers are trained and become operational;

      3. The ability of lawyers to promote European human rights standards domestically and use them in litigation/legal proceedings before national courts, as well as before the ECtHR in the case of well-substantiated applications, and to avoid submission to the ECtHR of manifestly unfounded or inadmissible claims, is developed;

      4. Regional co-operation and networking among bar and lawyers’ associations and between lawyers and human rights defenders of the partner countries is promoted and strengthened;

      5. E-learning courses are designed for the target-group lawyers;

      6. Use of and reference to the resources and expertise of the European Programme for Human Rights Education for Legal Professionals (the HELP Programme) is increased;

      7. Targeted human rights materials are made available in the national languages of the partner countries on the HELP website;

      Project 1.2.4 Ensuring the effective national implementation of the European Convention on Human Rights by key groups of legal professionals

      Reference: VC/1420/1411

      Duration: 2011 – 2014

      Implementation status: proposed

      Total cost: € 500 000

      Funding: required

      Partners: Ministry of Justice of Ukraine, Ministry of Internal Affairs of Ukraine, Constitutional Court, Supreme Court of Ukraine and lower instance courts, High Administrative Court of Ukraine, Office of the Prosecutor General of Ukraine, National Academy of Prosecutors of Ukraine, National School of Judges, Bar Associations, State Tax Administration of Ukraine, Ukrainian Parliamentary Commissioner for Human Rights, Higher Qualification Commission of Judges of Ukraine

      Source of justification:

      1. ECtHR judgments with findings of violations in Ukraine (non-execution of domestic court judgments, prolonged and unjustified detention periods, violations of fair trial, property rights and other provisions of the ECHR).

      2. Report by the Council of Europe Commissioner for Human Rights on his visit to Ukraine, 10–17 December 2006.

      3. Interlaken Declaration.

      4. Requests by national authorities and partner institutions for activities and consultations with the European Court of Human Rights (ECtHR) and the Department for the Execution of Judgments of the ECtHR.

      Overall objective: To reinforce the effective national implementation of the ECHR.

      Specific objectives: To strengthen the use of the ECHR by key groups of legal professionals in their daily work and to develop the capacity of national training institutions to provide ECHR training.

      Expected results and main activities:

      1. Judges, prosecutors, lawyers, law enforcement officials, tax inspectors and other professionals will be able to use European human rights standards in their daily work; access to the case law of the Court, and to HUDOC, as well as to relevant and targeted human rights materials will be provided; and the capacity of national training institutions to carry out ECHR training on a sustainable basis will be developed;

      2. The activities include a series of expert meetings and seminars, ranging from thematic to in-depth, conducted by the Council of Europe international consultants, as well as cascade seminars by national ECHR trainers, workshops, round table discussions, conferences and study visits to the Council of Europe, including the Court in Strasbourg, and to the partner institutions in Europe; preparation and distribution of relevant teaching materials.

      Project 1.2.5: Strengthening the Ombudsperson’s Office operational capacities in preventing ill-treatment in places of deprivation of liberty in Ukraine

    Reference: 2013/DGI/VC/3016

    Duration: 2014 - 2015

      Implementation status: proposed

      Total cost: € 890 000

    Funding: required

      Partners: Ukrainian Parliamentary Commissioner for Human Rights (Ombudsperson); Authorities enforcing the deprivation of liberty, Human rights NGOs.

      Overall objective: To ensure that human rights are fully respected in prisons, detention centres and other places where people are deprived of their liberty, as stipulated by the European Convention on Human Rights (ECHR) and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (Anti-torture Convention) through enabling the Ombudsperson’s institution to effectively carry out her functions as NPM.

    Specific objectives:

      To strengthen the Ombudsperson’s Office capacity to carry out efficiently its NPM functions.

    To raise the awareness on the NPM and the role and functions of the Ombudsperson’s Office in the area of preventing ill-treatment in places of deprivation of liberty in Ukraine among administration and staff of places of deprivation of liberty and the Ukrainian society at large.

    Expected results and main activities:

      The capacity of staff to carry out their tasks efficiently is strengthened.

      Internal regulations, reporting guidelines and a code of ethics of the monitors are developed in line with OPCAT standards and best European NPM practice

      Administration and staff working in prisons, detention centres and other places where people are deprived of their liberty better understand and implement European standards on the prohibition of torture and ill-treatment, as well as the Ombudsperson’s role in upholding these standards.

      Ukrainian society in general is better informed - through an awareness campaign - of the European standards on the prohibition of torture and ill-treatment and on the Ukrainian NPM

      Project 1.2.6: Support to the criminal justice reform

    Reference: VC/2821

    Duration: January 2013 – June 2015

    Implementation status: ongoing

      Total cost: € 1 800 000

    Funding: secured (VC of Denmark)

      Partners: Presidential Administration, Office of the Prosecutor General, National Academy of Prosecution, High Specialised Court for Civil and Criminal Cases, National School of Judges, Parliament, Ministry of Interior, Ministry of Justice, Bar and lawyers’ organisations, Ombudsperson institution, human rights NGOs and international organisations

      Overall objective: To improve the effectiveness of criminal justice in Ukraine, in line with European standards.

      Specific objectives: To contribute to the actual application of the new Code of Criminal Procedure (CPC) and the development of the new institutional role and operational capacity of the public prosecution;

      To provide legal advice and facilitate drafting of the Law on the Office of the Public Prosecutor in line with the new CPC, as well as of any other relevant legislation (including on the State Bureau of Investigations of Ukraine) and sub-legislation or internal regulatory instruments of the public prosecution, and to facilitate their actual application, inter alia, through activities aimed at facilitating the execution of relevant judgments of the ECtHR concerning detention, ill-treatment and effective investigations;

      To develop the capacity of prosecutors and other key groups of legal professionals to apply the European standards in their daily work, on the basis of the new CPC, and to monitor such application through periodic reviews of prosecutorial practices.

      Expected results and main activities:

      The project contributes to the effective implementation of the CPC in line with the ECHR and the development of a new legal framework for the public prosecution system:

        · To provide legal advice and facilitate the drafting of the Law on the Office of the Public Prosecutor, as well as of any other relevant legislation, including on the State Bureau of Investigations of Ukraine, and sub-legislation

        · To develop the capacity of prosecutors and other key groups of legal professionals to apply European standards in their daily work on the basis of the new CPC, and to monitor such application through periodic reviews of prosecutorial practices

        · The Project implements a series of capacity building activities targeting the training and formal education of prosecutors and other key groups of legal professionals on European standards, including through the incorporation of the ECHR in their mandatory curricula.

        · Co-operation with the National Academy of Prosecutors, with the National School of Judges and with training institutions of the Ministry of Interior of Ukraine is developed.

      Project 1.2.7: Implementing pilot, quasi-pilot judgments and judgments, revealing structural problems in the field of detention on remand and effective remedies to challenge conditions of detention

    Reference: CEAD/36671

    Duration: July 2012 – December 2014

      Implementation status: ongoing

      Total cost: € 100 000 (appropriation for activities for Ukraine under a multilateral project) of which € 60 000 is secured

      Funding: Funded by the Council of Europe Human Rights Trust Fund

      Partners: Government Agent, Ministry of Justice, Ministry of Internal Affairs of Ukraine, domestic courts, State Penitentiary Service of Ukraine, General Prosecutor’s Office, Ukrainian Parliamentary Commissioner for Human Rights (Ombudsperson)

      Overall objective: To support the partner countries in executing pilot judgments, ‘quasi-pilot’ judgments and judgments, revealing systemic and structural problems in the field of detention on remand; and in setting up effective remedies to challenge conditions of detention by providing expertise and advice to the relevant authorities.

      Specific objectives: To provide support to the member states in setting up a remedy or a combination of remedies to challenge conditions of detention; to provide support to the partner countries in executing the relevant judgments concerning the detention on remand.

      Expected results and main activities:

      Progress in the execution of the relevant judgments revealing systemic and structural problems in the field of detention on remand and the remedies to challenge conditions of detention is achieved: the shortcomings and measures to be taken by the beneficiary states to implement the relevant judgments are clearly defined; the implementation of the relevant judgments based on clear action plans to set in motion.

      The relevant groups of cases concerning the inhuman and degrading conditions in police establishments (ITT), pre-trial establishments (SIZO) and prisons, and the absence of effective remedies with regard to the poor conditions of detention (violation of Article 3; violation of Article 13) and the lengthy detention on remand, caused inter alia by the lack of application of alternative measures (violation of Article 5) are addressed.

    1.3. Equality, diversity and the rights of the vulnerable

      Project 1.3.1: Prevention and combating violence against women and domestic violence

    Reference: VC/2808

    Duration: January 2013 – December 2014

    Implementation status: ongoing

      Total cost: € 1 300 000

    Funding: secured (VC of Sweden)

      Partners: Ministry of Social Policy of Ukraine, Ministry of Justice of Ukraine, Ministry of Internal Affairs of Ukraine, Ministry of Health of Ukraine, Ministry of Foreign Affairs of Ukraine, profile Parliamentary Committees, Ukrainian Parliamentary Commissioner for Human Rights , NGOs

      Overall objectives: To enhance the capacity of national institutions to prevent and combat violence against women and domestic violence, and to increase awareness of violence against women and domestic violence.

      Specific objectives: To prepare for the ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (CAHVIO) (CETS 210).

      Expected results and main activities:

      1. Implementation of the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence in Ukrainian legislation, including the adoption of the necessary national regulations and measures.

      2. Information and awareness-raising campaigns addressed at the general public on the issue of violence against women and domestic violence as a human rights violation.

      3. Development of preventive intervention and treatment programmes in order to avoid further acts of domestic violence and sexual violence.

      4. Improving the nature and quality of the support provided to victims of violence, including establishment of services and implementation of activities to support and protect victims of violence.

      5. Participation of the private sector, the information and communication technology sector and the media, in the development of local, regional or national policies, and efforts to prevent violence against women.

      Project 1.3.2: Implementation of the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities (2006-2015) at national level

    Reference: VC/2811

    Duration: January 2013 – December 2014

    Implementation status: ongoing

      Total cost: € 160 000

    Funding: OB secured for 2013; additional funding required

    Partners: Ministry of Social Policy of Ukraine, Ukrainian Parliamentary Commissioner for Human Rights, Verkhovna Rada of Ukraine, National disability NGOs (organisations of and for people with disabilities), the Ukrainian association, "The National Assembly of People with Disabilities"

      Component 1: Enhance the capacity and knowledge of governmental and non-governmental stakeholders in the disability field

      Objectives: To provide assistance in the implementation of the Council of Europe Disability Action Plan 2006-2015 in priority areas such as education, vocational training, rehabilitation and employment of people with disabilities; Universal Design and accessibility of the built environment; participation of people with disabilities in political and public life; participation of people with disabilities in cultural life, leisure and sports activities. Enhance the capacity and knowledge of governmental and non-governmental stakeholders in the disability field on current European good practices. Foster co-operation between governmental and non-governmental sectors and enhance the capacity of national disability NGOs to participate in the decision-making process on matters of their concern. Experts from other European countries will be involved in this process.

      Component 2: Revision of the legislation, policies and practices

      Objectives:
      - To provide assistance in the review of existing legislation, policy and practice against the blueprint of the Council of Europe Disability Action Plan;

      - To identify areas where progress needs to be made and specific action needs to be taken;
      - To develop national strategies or action plans in order to advance the national disability agenda, in line with the Council of Europe Disability Action Plan and established national priorities.

      Expected results and main activities:

      Knowledge and capacity of governmental and non-governmental stakeholders in the disability field is in increased. Capacity to implement the Council of Europe Disability Action Plan 2006-2015 is reinforced.

      Project 1.3.3: Achieving effective social inclusion for Roma: elaboration and adoption of a comprehensive National Plan for Roma in Ukraine and providing tools for its implementation, including a training programme for Roma Mediators (ROMED) and awareness-raising activities (Dosta!)

      Reference: VC/2812

      Duration: January 2011 – December 2014

    Implementation status: ongoing

      Total cost: € 400 000 (€ 50 000 secured)

      Funding: OB and VC funding secured for Component 1 (ROMED training programme) in 2011 – 2013. Funding required for Components 2 and 3.

      Partners: Ministry of Culture of Ukraine, Ministry of Social Policy of Ukraine, Ministry of Education, Youth and Sports of Ukraine, Ministry of Health of Ukraine, Ministry of Economic Development and Trade of Ukraine, Ukrainian Parliament Commissioner for Human Rights.

      Component 1: ROMED Training programme of mediators

      Objective: To improve the quality and effectiveness of the work of school/health/employment mediators, with a view to supporting better communication and co-operation between Roma and public institutions (schools/healthcare providers/employment offices).

      Expected results and main activities:

      Improved dialogue between Roma communities and public institutions (through real and effective intercultural mediation provided by mediators); rights-based approach integrated in the programme; new curriculum available in several languages; democratic participation and visible empowerment of Roma communities; increased accountability of public institutions.

      Component 2: Elaboration of a new comprehensive National Plan for Roma.

      Overall objective: To contribute to the effective integration of Roma into the society of the Ukraine, through the elaboration of a new pluri-annual comprehensive National Plan for Roma, with specific focus on education to meet Ukrainian priorities.

      Sub-objectives: To assess the impact of previous national plans for Roma and draw lessons from previous experience; to give a clear status to Roma mediators within the New Plan for Roma; to create a modern infrastructure in Roma settlements and ensure the exercise of property rights by Roma to the land on which they live; to facilitate the compliance of Ukraine with commitments and obligations toward the Council of Europe with regard to the

      protection of the Roma minority and the Strasbourg Declaration on Roma; to support the accession process of the Ukraine to the European Union.

      Expected results and main activities:

      Relevant authorities are enabled to develop the comprehensive National Plan; Roma representatives and organisations are empowered to participate in the development and future implementation of the comprehensive National Plan; the developed Plan meets Council of Europe standards on Roma policies; the information campaign leads to improved understanding among the majority population for the need to develop such a comprehensive National Plan.

      Component 3: Information and awareness-raising campaign (Dosta!)

      Overall objective: To raise awareness among the majority population of the Roma culture, traditions, language, history, as well as stereotypification of Roma.

      Sub-objectives: To improve the image of Roma and fight against stereotypes and prejudices; to improve the understanding among the majority population for the need to develop a National Plan for Roma and targeted measures; to promote the inclusion of the teaching of Roma history and language in national school curricula.

      Expected results and main activities:

      Teachers, journalists, public officials and police officers are trained to avoid stereotyping; a better image of Roma is presented through various awareness-raising activities (festivals, talk shows, CDs, testimonials from successful Roma, etc.); Council of Europe Roma history factsheets and a Romani language portfolio are translated into Ukrainian and are used in the schooling system by the end of the project.

      Project 1.3.4: Strengthening and protecting children’s rights

      Reference: VC/2813

      Duration: January 2013 – December 2014

      Implementation status: ongoing

      Total cost: € 600 000

      Funding: secured (VC of Norway)

      Partners: Ombudsman for Children under the President of Ukraine, Ministry of Justice of Ukraine, Ministry of Social Policy of Ukraine, Ministry of Internal Affairs of Ukraine, Ministry of Education of Ukraine, Ukrainian Parliament Commissioner for Human Rights, local state administrations, Committee for Family, Youth, Sports and Tourism of the Verkhovna Rada of Ukraine, Centres of social services for children and young people, and NGOs

      Objective: To contribute to the strengthening and protection of human rights through the prevention of violence against children, including sexual exploitation and sexual abuse. Promote guidelines on child-friendly justice.

      Expected results and main activities:

      Increased government commitment to accede and effectively implement UN and Council of Europe norms on the rights of the child, in particular the Council of Europe Conventions on the Protection of Children against Sexual Exploitation and Sexual Abuse, on Action against Trafficking in Human Beings and Cybercrime. Protection of children becomes a political priority. National Action Plan and strategy exists. National legislation conforms with the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201). The best interests of children are taken into account in judicial proceedings, in line with the guidelines on child-friendly justice.

      Main activities:

      Awareness-raising/advocacy; provide children, parents and professionals with knowledge and tools to prevent and respond to sexual violence; legislative expertise; assistance on formulating and implementing a national Action Plan; development of training materials and the provision of training; allowing exchange of good practice study visits; advising on setting up child-friendly houses for victims of sexual abuse; elaboration and implementation of programmes of rehabilitation of children affected by domestic violence; development of proposals concerning the standards of services to children affected by domestic violence; the creation of databases of child victims of sexual exploitation and of those inclined to commit such crimes, and the provision of regulations on and methods for the functioning of such databases.

    1.4. Ensuring social rights

      Project 1.4.1: Tackling drug problems in prisons

      Reference:  VC/2681

      Duration: January 2011 – September 2014

      Implementation status: ongoing

      Total cost: € 237 650

      Funding: partly secured (€ 40 000 OB and € 9 000 VC)

      Partners: Ukrainian State Penitentiary Service of Ukraine and its Zaporozhye Regional Office, State Service for Drugs Control of Ukraine, the National School of Judges in co-operation with the Ministry of Justice of the Netherlands, Ministry of Health of Norway, Ljubljana Addiction Treatment Centre [Slovenia], Foundation Vita Valens (Ukraine)

      Objectives: To help bring Ukrainian drug policies and practices closer to European standards. The objectives of the project are: to decrease drug-related recidivism and increase the success rate of drug treatment in prisons; to recommend measures to bring prison conditions in Ukraine in line with the CPT’s recommendations and the ECHR case law; to present feasible models of inter-agency co-operation in dealing with drug-related problems to educational, social, medical and law enforcement authorities of Ukraine.

      Expected results and main activities:

      The Council of Europe assists in establishing a quality centre to tackle drug problems in prisons in the Zaporozhye region of Ukraine. A feasibility study is conducted and a list of suggested changes in drug policies and practices will be presented to the Government of Ukraine. Through a combination of training seminars, study visits and pilot projects, prison staff, medical and social workers working in the Zaporozhye region’s eleven penitentiary institutions are trained in good practices of drug treatment, psychosocial rehabilitation and harm reduction. Local medical, social, law enforcement and judicial agencies are trained in streamlining human rights in their practices of dealing with drug using offenders.

      The psychologists working at the Melitopol correctional institutions for female juvenile delinquents and in the Zaporozhye region are trained.

      Project 1.4.2: Support of the implementation of a National drug strategy and Action Plan

      Reference: VC/2836

      Duration: January 2013 – December 2014

      Implementation status: ongoing

      Total cost: € 70 000

    Funding: secured (VC of Norway)

    Partners: Ukrainian State Service for Drug Control, Ministry of Internal Affairs of Ukraine, Ministry of Justice of Ukraine, Ministry of Health of Ukraine, Ministry of Education, Youth and Sports of Ukraine

      Objectives: The aim of the capacity-building project is to provide support for the Ukrainian State Service for Drug Control to implement a national drug strategy and action plan that corresponds with the general principles included in the EU Drugs Action Plan 2009 – 2012. In the pursuit of this aim the following objectives have been set:

        - to provide Ukrainian authorities with examples and experiences of common practice in European countries, in the fields of prevention, treatment and trans-frontier law enforcement co-operation and to assist in adaptation and implementation of related pilot projects;

        - to facilitate knowledge on monitoring, evaluation and assessment methodologies;

        - to assist in development of structures that allow for effective stakeholder co-operation at government level and also with civil society in implementing the national drug policy;

        - to contribute to the elaboration of recommendations and minimal criteria for the development and implementation of a national drug strategy and action plan.

      Expected results and main activities:

      1. A national drug strategy and action plan for Ukraine is prepared by the Ukrainian State Service for Drug Control in due consultation with international and European institutions, national ministries, NGOs and civil society.

      2. Stakeholders make specific commitments to support the implementation of a national drug action plan.

      3. The activities are based on the expert opinion provided by the Pompidou Group to the Ministry of Justice and Ministry of Internal Affairs of Ukraine on European drug policies and practices, and the mission of the Pompidou Group to Kyiv in November 2010, at the invitation of the Ukrainian State Service for Drug Control.

      Project 1.4.3: Developing local capacity for school-based prevention

      Reference: VC/2817

      Duration: 2013 – 2014

      Implementation status: proposed

      Total cost: € 210 000

    Funding: required

      Partners: Ministry of Education and Science, Youth and Sports of Ukraine, Ukrainian Medical and Monitoring Centre on Drugs and Addiction

      Objectives: In 2007 – 2008 the Pompidou Group trained 130 multipliers (teachers, educators, social workers) in the Zaporozhye region of Ukraine in life skills drug prevention methodology. This project was funded by voluntary contributions. As a spin-off of this project, and at the request of Ukrainian experts and authorities, the Pompidou Group proposes to organise a pilot project in the Zaporozhye region of Ukraine. The project aims:

        - To adopt a European school-based prevention programme (life skills training methodology) to the Ukrainian context;

        - To train regional multipliers in all twenty-eight regions of Ukraine;

        - To certify the programme by the Ministry of Education and Science, Youth and Sports of Ukraine and to introduce the programme in the school curriculum.

      Expected results and main activities:

      1. Organisation of two five-day training seminars for a total of 120 educators and teachers from all twenty-eight regions of Ukraine.

      2. Development of the training materials for teachers, parents and pupils.

      3. Feasibility study on the implementation of good European practices in the prevention and treatment of drug use.

      4. Development of a quality centre on school-based drug prevention in the Zaporozhye region of Ukraine to facilitate further dissemination of good practices in Ukraine, and possibly to neighbouring countries (specifically in Moldova and Russia).

      2. RULE OF LAW

    2.1. Ensuring justice

      Project 2.1.1: Enhancing judicial reform in the Eastern Partnership countries

    Reference: JP/2632

    Duration: March 2011 – December 2013 (possible extension until December 2014)

    Implementation status: ongoing

      Total cost: € 154 000 (approximate budget allocation for Ukraine from a regional programme, € 923 995 for six countries, including Ukraine)

      Funding: secured (EaP Facility, CoE/EU joint programme)

      Partners: Ministries of Justice of the beneficiary countries, judicial communities

      Objectives: To support and enhance the ongoing process of reform of the judiciary, with a view to increasing the independence, efficiency and professionalism of the judicial systems of the participating beneficiary countries, through intensive information exchange and best practice sharing.

      Expected results and main activities:

      1. Legal and practical obstacles to the implementation of the applicable European standards with regard to judicial reform in the beneficiary countries are identified through intensive information exchange and best practice sharing and addressed;

      2. Dissemination of the Project’s recommendations and best practice among the authorities and other stakeholders at the national level, with a view to adjusting national judicial reform policies.

      The Project mobilises expertise and experience from all participating beneficiary and contributing countries. It provides the opportunity to discuss the legal and practical obstacles to the implementation of the applicable European standards in the participating countries and to further adjust their respective policies in the areas of particular concern identified by the Project, the Council of Europe (CoE) monitoring mechanisms, the EU progress reports and the beneficiary countries themselves.

      In line with the Eastern Partnership and its Judiciary Panel’s objectives, the Project provides a flexible forum for discussion amongst the participating countries of the concrete implications of the standards, drawing on relevant expertise and experience and extracting key findings and applicable European lessons learnt for shared use.

      Project 2.1.2: Consolidation of Justice Sector Policy Development in Ukraine

      Reference:  JP/1423

      Duration: 2014 – 2017

      Implementation status:  Start date - March 2014 (to be confirmed)

      Total cost: € 1 000 000

      Funding: secured (CoE/EU Joint Programme)

      Partners: Ministry of Justice of Ukraine and other main justice sector stakeholders

      Overall objective: To contribute to strengthening of the rule of law in Ukraine by supporting a sustainable reform of the justice sector in line with European standards.

      Specific objectives.

      To support Ukrainian authorities in designing a justice sector reform strategy and setting up the targets and benchmarks for the process of its implementation, in close co-ordination with the European Union.  

      To provide advanced expertise in order to ensure implementation of European standards and best practices in the course of the envisaged reform of the justice sector.

      To perform efficient capacity building and other necessary follow up to advisory activities, in order to actively promote the enactment of European standards in the justice sector of Ukraine.

      Project 2.1.3: Strengthening the independence, efficiency and professionalism of the judiciary in Ukraine

      Reference: VC/2263

      Duration: January 2013 – December 2014

      Implementation status: ongoing

      Total cost: € 1 500 000

      Funding: secured (VC of Sweden)

      Partners: Supreme Court of Ukraine, high specialised courts, judicial self-governing bodies, Presidential Administration, High Council of Justice, High Qualification Commission of Judges of Ukraine, National School of Judges of Ukraine, State Judicial Administration of Ukraine.

      Overall objective: To strengthen the independence, efficiency and professionalism of the Ukrainian judiciary and to facilitate institutional and legislative reforms related to the Ukrainian judiciary in line with European standards.

      Specific objectives:

      Component 1. Strengthening judicial governance

        - To support the process of constitutional reform with regard to the amendments relating to the judiciary and to facilitate relevant legislative reform, including establishing of a stakeholder platform to encourage a consolidated policy towards the reform.

        - To improve judicial self-governance in Ukraine as regards the institutional set-up and the transparency of the judicial self-governing institutions.

        - To contribute to a stronger co-operation between judicial self-governing bodies and national authorities, and to broaden networking with civil society institutions engaged in justice reform in Ukraine.

      Component 2. Enhanced professionalism of the judiciary

        - To increase the professionalism of the judiciary by improving the system of judicial training

        - To contribute to the exchange and harmonisation of training methodologies between judges and lawyers.

      Component 3. Improved system of judicial accountability

        - To facilitate judicial reform in line with European standards, in particular with regard to ethics and professional responsibility, disciplinary procedures for judges.

    Expected results:

      1. European standards are reflected in legislation/draft laws related to judicial reforms.

      2. The national authorities address the issue of optimising court organisation and management, and courts deliver a better quality of service.

      3. Communication channels with other branches of power are improved; judicial reform strategy and implementation are done on a participatory basis, involving all national stakeholders.

      4. Planning capacity is improved at the policy-making and operational levels of judicial governance, enabling implementation of the institutional strategic development policy.

      5. The institutional set-up and competencies of the High Council of Justice are in line with European standards and good practices.

      6. Financial management is improved at the policy-making and operational levels of judicial governance, enabling formulation and implementation of programme budgets.

      7. The system of training of judges is improved through the revision of training methodology and the curricula. Initial and continuous training systems are strengthened, and the development of sustainable training capacity enabled.

      8. Stronger co-operation between judges and lawyers is achieved through a series of joint training events, as well as the exchange and harmonisation between them of their respective training methodologies.

      9. The ethical framework is improved, enabling clear and foreseeable application of the rules in practice; judges are more knowledgeable about professional deontology and ethics.

      10. The regulations on disciplinary liability are improved and measures are proposed, enabling fair application of the rules and procedures in practice and safeguarding against external influence.

      11. The High Council of Justice is able to perform functions efficiently and act as a guarantor for the proper functioning of the judiciary and the independence of individual judges.

      Project 2.1.4: Further Support for the Penitentiary Reform in Ukraine

    Reference: VC/2821

    Duration: 2014 – 2016

    Implementation status: planned

      Total cost: €1 100 000

    Funding: under negotiation

      Partners: State Penitentiary Service of Ukraine, Ministry of Justice of Ukraine, Ministry of Internal Affairs of Ukraine, Ministry of Health of Ukraine, General Prosecutor’s Office of Ukraine, State Court Administration of Ukraine, Ukrainian Parliament Commissioner for Human Rights, Permanent Committees of the Parliament of Ukraine and NGOs.

      Justification: The proposed project builds on the results of the ongoing prison reform project (see completed project 9) and has been initiated on the requests of the national authorities who confirmed their commitment and interest in continuation of the work.

      Overall objective: To ensure respect for human rights and for the rule of law in the execution of criminal sanctions in Ukraine.

      Specific objectives:

      1. Improving the treatment programmes and rehabilitation of prisoners in line with the European standards.

      2. Developing the legislative framework for the establishment of a probation service and improving the institutional capacities for the implementation of community sanctions and measures in line with the Council of Europe recommendations.

      Expected results

        1. Bylaws (guidelines and operational instructions) on admission procedures, risk and needs assessment and treatment programmes for various groups of prisoners are brought in line with European standards, in particular the CPT standards.

        2. The capacity of Ukrainian authorities for delivering improved supervision of offenders sentenced to community sanctions and measures is enhanced.

        3. Legislative and organisational requirements for the establishment and functioning of a probation service are reviewed in co-operation with the national authorities and recommendations for necessary amendments are presented to the decision makers.

      Project 2.1.5:   Supporting the implementation of the Ukrainian Law on the Bar and Practice of Law 

       

      Reference:  VC/3094  

      Duration:  2014 – 2015

      Implementation status: to be confirmed

      Total cost:  € 400 000

      Funding: final stages of negotiation

      Partners: National Bar Association of Ukraine, Qualification and Disciplinary Commission of the Bar, the High Commission of the Bar

       

      Overall objective:  To support the functioning of the Ukrainian Bar in general and the National Bar Association in particular, in line with European standards and Ukraine’s newly adopted legislation on the bar.

       

      Specific objectives

      - To provide relevant Ukrainian authorities with expertise and advice to fully address the recommendations of the Venice Commission with regard to the 2012 Law on the Bar and Practice of Law. To further improve the secondary regulation of self-governing bodies of advocates in line with European standards using legal recommendations and policy advice provided.

      - To support the institutional development of the National Bar Association of Ukraine as a key self-governing body of the Ukrainian advocates (develop single register of licenced lawyers, code of ethics, disciplinary rules).

      - To support the capacity-building process of the Ukrainian Bar Association in view of their limited current capacity as a newly created institution, country-wide; to reduce regional disparities in the quality of legal representation.   

      - To assist the Ukrainian advocates’ community in setting up a continuous training system for advocates, including harmonisation of the curriculum and training methodologies with other stakeholders involved in litigation processes (judges, prosecutors and other litigation support professionals).

      Expected results and main activities

      Expected results:

      - Ukrainian legislation related to the practice of advocates is in line with European standards in this field, and the recommendations of the Venice Commission for the Law on the Bar and Practice of Law are addressed by the Ukrainian partners;

      - The National Bar Association functions in line with European standards and has the necessary capacity to represent the Ukrainian advocates;

      - Continuous training programmes for the bar community are harmonised with those of other stakeholders involved in litigation;

      - The regulatory framework of the National Bar Association (including ethical and disciplinary rules) is developed in line with European standards: a licenced lawyers’ register is developed, the Code of Ethics for the Bar is adopted;

      - Regional disparities in the quality of legal representation are reduced; mechanisms for better quality of regional legal representation are promoted.

      Main activities:

      1. Review of National Bar Association and its staff – strengths and weaknesses;

      2. Training for National Bar Association staff on management techniques and strategic planning;

      3. Development of quality control mechanisms;

      4. Supporting the establishment of a single register of licenced lawyers, code of ethics, and disciplinary rules;

      5. Training on,  and development of,  inter agency co-ordination and co-operation (relations with the Ministry of Justice and other self-governing bodies);

      6. Advising on amendments to the Law on the Bar.

    2.2. Countering threats to the rule of law

      Project 2.2.1: Good governance and the fight against corruption in the Eastern Partnership countries

      Reference: JP/2524

    Duration: March 2011 – December 2013 (possible extension until December 2014)

    Implementation status: ongoing

      Total cost: € 187 727 (approximate budget allocation for Ukraine from a regional programme, € 1 126 365 for six countries, including Ukraine)

      Funding: secured (EaP Facility, CoE/EU joint programme)

      Partners: Ministry of Justice of Ukraine, Ministry of Internal Affairs of Ukraine, Ministry of Finance of Ukraine; Judicial Council of Ukraine, Prosecutors Council of Ukraine, specialised agencies on anti-corruption and Financial Intelligence Unit, civil society and private sector associations, central electoral administrations, State Court Administration of Ukraine, the Ukrainian Parliamentary Commissioner for Human Rights, General Prosecutor Office of Ukraine, Supreme Court of Ukraine

      Overall objective: To strengthen national capacities of Ukraine (along with other members of the Eastern Partnership Initiative) to apply prevention and law enforcement measures in order to enhance their good governance and fight against corruption.

      Furthermore, this regional project, being a part of the EaP/CoE Facility, will:

      - increase the regional dialogue and create the forum for sharing good practices in the prevention and fight against economic crime;

      - good governance and the fight against corruption remain acknowledged priorities, thus results and work under this project will be reviewed by the Eastern Partner;

      - address relevant GRECO and (possibly some) MONEYVAL recommendations through Pilot Activities (which are subject to specification at the EaP Panel meeting in Tbilisi, Georgia, and bilateral meetings in Kyiv, Ukraine, before the end of May 2011);

      - provide specialised training of law enforcement staff and, with regard to detecting and investigating corruption offences, those directly involved in the fight against corruption (Rec vi) from the joint 1st and 2nd GRECO Evaluation Report.

      - enhance the reform processes in the six partner countries through a multilateral approach and to bring them closer to Council of Europe and EU standards in core areas covered by the Eastern Partnership Platform 1.

      Specific objective: To enhance good governance and strengthen the capacities of the public administration and criminal justice sector in order to effectively prevent and fight corruption in line with Council of Europe conventions and other international treaties.

      Expected results and main activities:

      1. Eastern Partnership countries, including Ukraine, have defined and are committed to applying policy and prevention measures concerning enhancement of good governance and the fight against corruption;

      2. The country is provided with the tools for effective law enforcement and implementation of legal frameworks when fighting economic crime;

      3. The country efficiently applies and implements European and international standards on good governance and the fight against corruption when addressing their specific needs.

      All activities will follow a regional approach and combine technical advice, with training, assessments, development of methodologies, policy design and tools exchange in the area of good governance, corruption and money laundering.

      Project 2.2.2: Co-operation against cybercrime in Eastern Partnership countries

    Reference: JP/2523

    Duration: March 2011 –December 2013 (possible extension until December 2014)

    Implementation status: ongoing

      Total cost: € 120 667 (approximate budget allocation for Ukraine from a regional programme, € 724 000 for six countries, including Ukraine)

      Funding: secured (EaP Facility, CoE/EU joint programme)

      Partners: Ministry of Justice of Ukraine, Ministry of Internal Affairs of Ukraine, Judicial Council of Ukraine, Prosecutors Council of Ukraine, specialised agencies, local NGOs, Ukrainian Parliamentary Commissioner for Human Rights

      Overall objective: To enhance the reform processes in the six partner countries through a multilateral approach and to bring them closer to Council of Europe and EU standards in core areas covered by the Eastern Partnership Platform 1.

      Specific objective: To strengthen the capacities of criminal justice authorities of Eastern Partnership countries to co-operate effectively against cybercrime.

      Additional proposals of the Ministry of Internal Affairs of Ukraine: to provide a functionally efficient contact centre for responding to cybercrimes, as part of a network of international contact centres, formed on the basis of the Article 35 of the Council of Europe Convention on Cybercrime and other international around-the-clock contact centres for responding to cybercrimes; logistical support of an around-the-clock centre; working out and approval of regulations on the activities of the contact point; creation of a regional contact centre network for combating cybercrimes and human trafficking; arrangement of working visits to competent sub-divisions of foreign law enforcement bodies on exchange of positive experience towards exposing and stopping cybercrimes, information exchange on crimes of this kind and taking joint measures to expose and stop cybercrimes.

      Expected results and main activities:

      1. Eastern Partnership countries, including Ukraine, have defined strategic priorities regarding cybercrime and assess measures taken;

      2. The country is provided with the tools for action against cybercrime;

      3. The country participates more actively in international cybercrime efforts.

      3. DEMOCRACY

    3.1. Parliamentary democracy; support to improve electoral legislation and practice

      Project 3.1.1: Supporting free and fair elections in the Eastern Partnership countries

      Reference: JP/2466

    Duration: March 2011 –December 2013 (possible extension until December 2014)

    Implementation status: ongoing

      Total cost: € 155 983 (approximate budget allocation for Ukraine from a regional programme, € 935 900 for six countries, including Ukraine)

      Funding: secured (EaP Facility, CoE/EU joint programme)

      Partners: Central electoral administrations of the beneficiary countries, local NGOs

      Main partners: Central Electoral Commission of Ukraine, Ukrainian Parliamentary Commissioner for Human Rights

      Overall objective: To ensure the effective implementation of the principles of the European electoral heritage, relying notably on capacity-building and awareness-raising activities involving both the competent authorities and civil society.

      Specific objectives: To enhance the capacity of the electoral administration at all levels to organise elections in compliance with European standards. This is to be carried out essentially by involving local experts and making them the focal point for the training of election commissions and officials at all levels, so as to ensure sustainability; to address problems of common concern in the region linked to the organisation of democratic elections and, notably, to the modernisation of the electoral process such as the creation of accessible electronic voter registers or mechanisms for the registration of voters abroad; to support civil society in developing its capacity to act as a reliable source of independent national observers for elections in a sustainable manner relying on a regional exchange of knowledge and experience and pooling of training resources; to involve voters more deeply in the electoral process as a pre-condition for full participation in public and political life, making them aware of the importance of participating in (and hence abstaining from) elections, the individual rights of each voter, and the freedom of choice in the casting of a ballot. The activities will target in particular young first-time voters and women, to fight phenomena such as family voting.

      Expected results and main activities:

      1. Electoral administrations are better prepared to fulfil their tasks;

      2. NGOs are better prepared to fulfil their role as observers and provide constructive criticism about the electoral process;

      3. Voters are better aware of their role in the functioning of democratic elections and increase their participation;

    3.2. Local democracy: support public discussions on international standards for democratic elections

      Project 3.2.1: Supporting decentralisation and local-government reform

    Reference: VC/2218 and VC/3069

    Duration: 2014/15 – 2018

      Implementation status: proposed (follow up of the project “Strengthening local democracy and support for local government reforms in Ukraine” VC/2218)

      Total cost: € 2 400 000

    Funding: required

      Partners: Ministry of Regional Development, Construction and Housing of Ukraine, Ministry of Finance of Ukraine, Ministry of Economy, Presidential Administration, Constitutional Assembly, Parliament of Ukraine, State Fund for Local Self-Government of Ukraine, associations of municipalities, villages and regions, local and regional elected representatives and the Ukrainian Delegation to the Congress

      Overall objective: To contribute to the development of local and regional democracy in Ukraine, to promote further the knowledge of European best practice and standards and to build confidence and trust in local and regional elected representatives.

      The proposed programme focuses on the quality of local self-governance and the consolidation of the reforms in this field. It includes both a capacity-building component targeting local and regional elected representatives as leaders for change, and local government administrations, as well as a follow-up to the recommendations on local and regional democracy to be adopted by the Council of Europe Congress of Local and Regional Authorities in October 2013 and the legislative support provided over the past three years.

      Capacity-building: 1)to improve the leadership capacities of local elected representatives to empower them to engage in constructive dialogue with central authorities and citizens; 2) to support the institutional capacity of local and regional authorities and their associations (Local Government Association (LGA) component of previous programmes); 3) to further stimulate the implementation of inter-municipal co-operation (IMC) in pilot regions.

      Institutionalised dialogue and legal support: To improve the regulatory framework for local and regional democracy according to the European standards and consolidate the institutionalised dialogue for the implementation of the Council of Europe recommendations and further support the implementation of the LSG reform.

      Expected results and main activities:

        1. Ownership is built and leadership capacities by local and regional elected representatives are strengthened, in particular following the forthcoming local elections;
        2. Citizen participation is fostered (mechanisms and instruments for developing and facilitating citizen participation are designed and experienced in pilot local authorities);
        3. Capacity of local self-government to provide services to citizens is reinforced;
        4. Local Government associations are strengthened;
        5. Inter-municipal co-operation (IMC) is promoted and implemented in pilot regions and legal provisions are proposed;
        6. Political dialogue with national authorities and other relevant stakeholders is set up with a view to agreeing on a roadmap for the implementation of recommendations;
        7. Legal and policy advice on decentralisation and local self-government reform, including expert support to the Constitutional reform in the LSG-related part, is provided;
        8. Preparation to the LSG reform and its eventual implementation is supported.

      The objectives of this programme will be achieved through joint action by the Council of Europe Congress of Local and Regional Authorities who will secure political leverage and work specifically with elected representatives and the Council of Europe Centre of Expertise for local government reform who will base its work on implementation of the impact-oriented programmes (tools). The project activities will be implemented in co-operation with local partners, and with the participation of local/international experts and Congress members from other member states of the Council of Europe.

      Activities will consist of comprehensive and tailor-made support which includes series of discussion/mediation roundtables, working groups, policy round tables, interactive seminars and conferences, peer-to-peer exchanges, working visits, training sessions. The Congress work will be organised into the main issues related to local governance, including the role of local elected representatives, ethics in politics and decision making, citizen participation, transfrontier co-operation, positive campaigning (with a view to the forthcoming local elections). Capacity-building for local and central authorities will use practical CoE toolkits (Local Finance Benchmarking, Human Resource Management, Inter-Municipal Co-operation, Leadership Academy, Best Practice, Local Government Associations, etc.).

    Project 3.2.2: Strengthening the institutional capacity of the local self-government authorities and their associations in the implementation of European standards of good governance at local level, providing active citizenship and participatory democracy

    Reference: VC/2626

    Duration: January 2011 – March 2014 (extension until December 2014 under negotiation)  

      Implementation status: ongoing

      Total cost: € 2 100 000
      Funding:
      funded (€ 1 300 000 in secured VCs from Switzerland and Denmark – an additional contribution of € 200 000 from Switzerland was provided as the follow up to the project VC/2218 – an additional contribution of € 600 000 is at an advanced stage of negotiations with Denmark)

      Partners: Ministry of Regional Development, Construction and Housing of Ukraine, Ministry of Finance of Ukraine, Parliamentary Committee on State Building and Local Self-Government, State Foundation for Local Self-Government of Ukraine, national associations of local authorities,  Ukrainian delegation to the Council of Europe Congress.

      Overall objective (components I, II, III): To improve the quality of local self-governance in Ukraine. The programme complements the above-mentioned Sweden-funded programme, which focuses on providing legal assistance. Both programmes allow a comprehensive implementation of the Council of Europe Action Plan. The capacity-building programme consists of seven separate, but interconnected, components, based on tools developed by the Centre of Expertise and successfully implemented in many CEE countries and the additional component – follow-up to the above-mentioned legal assistance programme, which was funded by Sweden. These programmes include training, development of tools for the use of local authorities and support for their use, as well as practical reforms of local government regulations and practice.

      Component IV: Continue supporting Ukraine in improving the quality of local self-governance and developing national legal framework in line with the CoE standards. The extension consists of four separate but interconnected components building on previous CoE programmes in Ukraine. The first three components are to be administered by the Centre of Expertise for Local Government Reform; the fourth component is to be run by the Congress of Local and Regional Authorities.

       

       Expected results and main activities:

      1. The level of public ethics at local level is enhanced through the implementation of a Public Ethics Benchmarking Programme, which leads to changes of regulation and practice in pilot municipalities, as well as the adoption of Codes of Conduct and the creation of Ethics Committees;

      2. Local government institutional leadership is strengthened through the implementation of a Leadership Academy Programme (LAP); the national pool of the LAP trainers is established to ensure sustainability.

      3. The quality of local services is improved through the utilisation of performance indicators in the framework of a performance measurement and management programme;

      4. The local finance system is improved at both local and central government level through the implementation of a Local Finance Benchmarking Programme;

      5. Good practice is encouraged, acknowledged and replicated through the implementation of a Best Practice Programme;

      6. Strategy for Good Governance is implemented and Ukraine applies for accreditation to award ELoGE under the Strategy component (provided that the government decides to implement the Strategy);

      7. The LGA component to strengthen the local government associations was added in 2012;

      8. A legal assistance component, as a follow up on the previous Sweden-funded programme implemented during January 2010-March 2013, which started in April 2013.

      9. Improved institutional capacities of local authorities and their associations.

      10. Continued legal and policy advice on decentralisation and local self-government reform, including expert support to the Constitutional reform, inter-municipal co-operation (IMC), and eventual support to the implementation of the reforms.

      11. Post-monitoring activities following the CoE Congress monitoring report on local and regional democracy in Ukraine are implemented to set out legal and practical steps for the implementation of the local government reform and to assist in the preparation of the next local elections. In this connection, young political leaders have a good understanding and knowledge of European standards on local democracy.

    3.3. Promoting democratic governance and stability

      Project 3.3.1: Kyiv Initiative Regional Programme

      Reference: VC/2285

      Duration: January 2014 – December 2016

      Implementation status: proposed

      Total cost: € 100 000 (€ 500 000 for 5 countries)

      Funding: required.

      The possibility of financing the operational phase (from 2014 to 2016) of this Joint Programme is under discussion with the European Commission in the framework of the EU-Eastern Partnership Platform 4, “Contacts between people”

      Partners: Ministry of Culture of Ukraine, regional state administrations, local authorities, NGO “Agency of cultural strategies”

      Objectives: This Pilot Project aims to assist national, regional and local authorities to implement strategic revitalisation and contribute to social and economic sustainable development. In this approach, the built heritage is considered an economic and social factor, going beyond simple conservation and restoration, to encourage and to facilitate rehabilitation which provides new uses and new possibilities for the local population whilst integrating with the planning of the built environment’s future shape.

      Expected results and main activities:

      National, regional and local authorities are assisted in implementing strategic revitalisation and contribute to social and economic sustainable development.

      Project 3.3.2: Intercultural cities

    Reference: JP/2647

    Duration: January 2013 – December 2014

    Implementation status: ongoing

    Total cost: € 250 000

    Funding: partly secured (CoE/EU Joint Programme)

      Partners: Ministry of Culture of Ukraine, Institute of Culturology of the Academy of Science of Ukraine, National Academy for Managers in Culture and Arts, Centre for Democracy through Culture, Ministry of regional development.

      Overall objective: To establish a Ukrainian and wider (Eastern European) network of poly-cultural cities as a partner network of CoE ICC programme, allowing a wider exchange of experience and using the multiplier effect.

      Specific objective: To introduce the mechanisms of efficient community-building, based on culturally diverse resources and interests in both Ukrainian cities and cities in other countries.

      Expected results and main activities:

      1. State and non-State actors improve co-operation, especially in the areas of education, culture, economy, media and governance;

      2. Non-State actors strengthen their capacity to influence local and national policies;

      3. A more peaceful, cohesive and better environment for citizens as final beneficiaries is created, with greater possibilities to participate in political, cultural and social life.

      Project 3.3.3: Framework programme of co-operation in the field of youth policy

      Reference: VC/2790

      Duration: January 2012 – December 2013

      Implementation status: ongoing

      Total cost: € 200 000

      Funding: € 115 000 secured (VC of Norway and Romania) additional funding required

      Partners: Ministry of Youth and Sports, Parliamentary Committee on Committee for Family, Youth, Sports and Tourism, Ukrainian Parliamentary Commissioner for Human Rights, NGOs

      Overall Objectives: The Framework Programme contributes to the development of youth policy in Ukraine, primarily on matters pertaining to the development of youth mobility; participation of youth in the life of society; recognition of cultural diversity; struggle against all forms of discrimination; and promotion and strengthening of healthy lifestyles among children and youth. The goal of the programme meets Ukraine's priorities in the sphere of youth policy, in part to the State Target Social Programme “Youth of Ukraine” for 2009-2015, approved by the Cabinet of Ministers of Ukraine on 28 January 2009, № 41.

      Specific objectives: To support youth policy development and youth participation, securing the access of all young people to information and advisory services; to support empowerment of youth organisations, preventing all forms of discrimination, racism, xenophobia and extremism, and counteracting them; facilitating the access of young people to education, training and professional life, notably through the promotion and recognition of non-formal education, the social inclusion of youth, the promotion of training for young leaders and of human rights education for young people.

      The Programme is based on a number of issues where the Council of Europe has acquired significant experience; it supports co-operation with other partners that implement similar tasks; it defines priorities in the implementation of long-term projects and systemic solutions. The Programme is the main contribution of the Council of Europe’s youth sector to the Action Plan for Ukraine.

      Expected results and main activities:

      The youth policy is developed and capacity of the youth organisations is reinforced.

      The Framework Programme of Co-operation include the following activities:

      1. “50-50” training course on youth policy development in Ukraine;

      2. A training course for trainers and multipliers on human rights education in Ukraine (2012);

      3. The e-publication and nationwide dissemination of the Ukrainian version of Compass

      4. International review of the Ukrainian youth policy;

      5. National and international hearings on the youth policy review carried out;

      6. An interim evaluation meeting of the co-operation activities carried out in;

      7. A training course for youth leaders and youth workers on participation;

      8. Printing and nationwide dissemination of the manual “Have Your Say!” in Ukrainian;

      9. A national seminar on young people’s access to social rights;

      10. Strategic evaluation of the co-operation and preparation of 2014-2015.

      Project 3.3.4: International review of Ukrainian youth policy

      Reference: VC/2835

      Duration: January 2013 – December 2013

      Implementation status: ongoing

      Total cost: € 40 000

      Funding: secured (VC of Norway)

      Partner: Ministry for Education and Science, Youth and Sports of Ukraine, State Service of Youth and Sports of Ukraine

      Objectives: An international team of youth policy experts will conduct an in-depth review of the youth policy of Ukraine and make recommendations, following the model used in the previous analyses.

      Expected results and main activities:

      1. Analysis of the problems existing in the youth sector of Ukraine;

      2. Familiarity with and adherence to European youth policies;

      3. Meetings and round tables are conducted with representatives of central authorities and NGOs.

      Project 3.3.5: European identity and education (European Higher Education Area)

      Reference: VC/2825

      Duration: January 2011 – December 2014

      Total cost: € 60 000

      Implementation status: ongoing

      Funding: partly secured through OB and VC, further funding required

      Partners: Ministry of Education and Science, Youth and Sports of Ukraine

      Overall objective: To carry out higher education reform in Ukraine based on European standards and good practices, in particular concerning the legal framework and qualifications frameworks, in line with the principles of the European Higher Education Area.

      Specific objectives: In line with the Council of Europe’s role in advancing structural higher education reform in general and supporting the sharing of experiences in the development of national qualifications frameworks, in particular: to provide expert assistance, in order to step up the development and implementation of the national qualifications framework in Ukraine, as an essential instrument of higher education reform by 2014; to provide expert assistance in establishing the national legal framework, fully reflecting the principle of university autonomy and academic freedom, and reflecting conformity to the principles of the European Higher Education Area.

      Expected results:

      Higher education reform in Ukraine based on European standards and good practices is carried out, in particular concerning the legal framework and qualifications frameworks, in line with the principles of the European Higher Education Area.

      Project 3.3.6: Creating an enabling environment for NGOs

      Reference: VC/2727

      Duration: 2013 – 2015

      Implementation status: proposed

      Total cost:  € 300 000

      Funding: required

      Partners: Local and national NGOs, School of Political Studies of Ukraine, Civil Society Council at the President of Ukraine, Ministries, having established Civil Society Councils, local and regional authorities, Parliament, Conference of INGOs, Expert Council on NGO Law, international NGOs particularly active in the country, Ukrainian Parliamentary Commissioner for Human Rights

      Overall objective: To create an enabling environment for NGOs.

      Specific objectives:

      To improve the understanding of the participation of civil society in democratic decision-making processes at local, regional and national levels, based on the Code of Good Practice for Civil Participation in the Decision-making Process;

      To enhance the capacity of NGOs to play a pro-active role in civil dialogue and participation.

      Expected results:

      1. Understanding of the participation of civil society in democratic decision-making processes at local, regional and national levels based on the Code of Good Practice for Civil Participation in the Decision-making Process is improved;

      2. Capacity of NGOs to play a pro-active role in civil dialogue and participation is enhanced.

      Project 3.3.7: Integration of European standards in the media environment

    Reference: JP/2827

    Duration: March 2013 – September 2014

    Implementation status: ongoing

      Total cost: € 890 000

    Funding: secured (VC of Canada)

      Partners: Parliamentary Committees on Freedom of Speech and Information, State Committee of Ukraine for Television and Radio Broadcasting, Ukrainian Parliament Commissioner for Human Rights, Journalists’ Ethics Committee, National Television and Radio Broadcasting Council of Ukraine.

      Overall objective: To promote freedom of expression in Ukraine via further aligning the legal framework for the media with international standards; to support policy work on the internet and human rights issues; to raise professional and ethical standards in journalism, capacity-building for media and the relevant civil society groups, thus improving quality and availability of information for society.

      Expected results and main activities:

      The broadcasting legislation is reformed and aligned with the European standards, including legislation on the broadcasting regulatory authority; the newly adopted legislation on access to public information is applied by public officials and used by the citizens more effectively; ethical standards in journalism are promoted through enhancing the media self-regulation system in Ukraine; a legislative amendment is drafted and adopted on the protection of minors through a classification system of harmful content.

      Project 3.3.8 Integration of European standards in Ukraine’s media environment, internet governance and data protection system

    Reference: JP/2827

    Duration: 2013 – 2015

    Implementation status: final stages of negotiation

    Budget proposal: € 2 770 000 (CoE/EU JP)

    Funding: required (European Union)

      Partners: Parliamentary Committee on Freedom of Speech and Information, Parliamentary Committee on Human Rights, National Minorities and International Relations, Parliamentary Committee on Information Technology, National Television and Radio Broadcasting Council, Ombudsperson (Parliament Commissioner for Human Rights), State Committee for Television and Radio Broadcasting, Ministry of Justice, Data Protection Authority, National Committee for the State Regulation of Communications and Information Technology, media organisations, including state media or media owned by local or regional authorities, civil society organisations, internet service providers, education authorities and academic institutions, European Dialogue on Internet Governance (EuroDIG) partners and co-organisers, European Internet Service Providers Association (EuroISPA), European Broadcasting Union (EBU)

      Objectives: To strengthen the protection of human rights and fundamental freedoms through: greater freedom, diversity and pluralism in the media; an open, inclusive, sustainable, people-centred and human rights-based approach to the internet; an effective system of protection of individuals with regard to their right to privacy and right to control their personal data.

      Expected results and main activities:

      1. The proposed project will build upon the results achieved so far under the CoE/EU joint programme, “Promotion of European standards in the Ukrainian media environment”, ending on 31 December 2012. It will seek to continue the reforms in the media field, with a view to achieving a sustainable impact. This would bring relevant Ukrainian law and practice more in line with European standards, addressing at the same time the relevant EU-Ukraine Association agenda priorities. The continuing support for the process of enhancement of the legislative framework for media will include expert assistance, legal expertise, working meetings and public discussions with parliamentarians, government officials, media professionals and civil society. With this support, it is expected that a legal framework for the establishment of a genuine public broadcasting service and for the transition to digital broadcasting will be created;

      2. The day-to-day implementation of the relevant legal framework is expected to move closer to European standards, thereby contributing to an environment more conducive to the existence of an independent and professional media – both traditional and “new”. This goal will be pursued through expert assistance, training programmes, seminars, conferences and other events with the participation mainly of public officials, media professionals and civil society;

      3. The open and unimpeded free flow of information and expression on the internet in Ukraine through the national legislation, based on the relevant CoE standards;

      4. The legal framework with regard to data protection is enhanced, and the independence and capacity of public authorities overseeing data protection is secured and developed.

      Project 3.3.9: Completing the constitution of the Emerald Network of Areas of Special Conservation Interest

    Reference: JP/2238

    Duration: October 2012 – October 2016

    Implementation status: ongoing

      Total cost: € 260 000 (budget allocation for Ukraine from a regional programme of € 2 205 560 for seven target countries)

    Funding: secured (EU/CoE Joint Programme)

      Partners: Ministry of Environment and Natural Resources of Ukraine, State Agency of Protected Areas of Ukraine, NGOs.

      Overall objectives: To protect biodiversity in seven targeted countries (Armenia, Azerbaijan, Belarus, Georgia, Moldova, Ukraine and the Russian Federation). Specifically, the project’s purpose is to implement the UN Convention on Biological Diversity’s Aichi targets on protected areas, as well as the EU and Bern Convention’s principles on the protection of habitats and species, through the setting-up of the Emerald Network of Areas of Special Conservation Interest.

      Expected results and main activities:

      The project is a follow-up to a previous EU/CoE Joint Programme on the setting-up of the Emerald Network in the same target countries, implemented in the period 2009-2011 by the same partners at national level.

      By 2012, Ukraine was able to identify 149 potential Emerald sites on its territory, covering Phase I of the Emerald Network constitution process. Through this project, the finalisation of Phase II of the Network’s constitution process in Ukraine is foreseen.

      The country is expected to complete the assessment of its natural resources, to increase the number of potential Emerald sites already identified on its territory, as well as to assess the efficiency of these proposed Emerald sites for the long-term survival of species and habitats.

      Preparation of guidelines and/or National Action Plans to ensure the proper management and monitoring of the selected areas prior to their official adoption as Emerald sites is carried out.

      Expected results will be achieved by various activities such as the re-establishment of national multidisciplinary Emerald teams, the preparation of the ecological and technical data on the proposed Emerald sites, the organisation of field visits and workshops with relevant stakeholders, and the assessment of the sufficiency of the proposed Emerald sites, through biogeographical regional and bilateral (Ukraine/CoE) seminars.

    3.4. Building a democratic culture

      Project 3.4.1: Language policy and social inclusion

    Reference: VC/2833

    Duration: 2013 – 2014

    Implementation status: proposed

      Total cost: € 200 000

      Funding: required

      Partners: Ministry of Culture of Ukraine, Ministry of Education and Science, Youth and Sports of Ukraine, NGOs

      Overall objective: To demonstrate that language education, language services and language use require a strategic approach and increased investment.

      Specific objective: To develop guidelines, accessible to policy makers, on reference standards and tools concerning the language competences necessary for equal access for all to quality education, based on the Council of Europe’s values.

      Expected results and main activities:

      Development of a “National Platform” dealing with the languages of schooling, and integration of current and new work on foreign languages and minority languages; description of language competences and learning experiences to which learners are entitled as part of access to education for social inclusion and active democratic citizenship in multicultural societies; development of tools for the analysis and review of current curricula; development of guidelines and support material for the design of plurilingual and intercultural curricular, based on the Common European Framework of Reform for Languages: Learning, Teaching, Assessment (CEFR); preparation of proposals for a possible “portfolio” type approach within Language of Education (all languages).

      Project 3.4.2: European lessons in shared histories

    Reference: VC/2832

    Duration: 2013- 2014

    Implementation status: proposed

      Total cost: to be defined

    Funding: required

      Partners: Ministry of Education and Science, Youth and Sports of Ukraine, Institute of Ethno national Studies, Academy of Pedagogic Sciences, cultural societies of various national minorities of Ukraine, pedagogic universities, schools and local communities

      Overall objective: To facilitate a public discussion on reconsidering the role of multicultural education in the post-communist society, and to identify new opportunities for building a multicultural image of Ukrainian society based on the European democratic approach to education.

      Specific objectives: To develop teaching materials and new approaches when teaching history in a multicultural context; to hold seminars and workshops; provide competence-oriented training for history educators from different regions of Ukraine.

      Expected results and main activities:

      Identity is formed and civic self-awareness is raised. The multicultural component of education is developed, to enhance the interaction of various cultures in schools, local communities and the country as a whole.

      Students are free from stereotypes of social and cultural discrimination and xenophobia. They are aware of the admissibility of alternative opinions and the language of self-expression, and consider tolerance of “others” as a norm of social behaviour;

      The principle of personal autonomy and the fundamentals of civic solidarity are respected;

      Development of independence and autonomy of personality take place, together with the assimilation of social and legal norms.

      Project 3.4.3: Youth Forum for Democracy and Human Rights in schools

      Duration: January 2013 – December 2014

      Implementation status: ongoing

      Total cost: € 10 000

      Funding: contribution from the Council of Europe and in-kind contribution from Ukrainian authorities

      Partner: Ministry of Education and Science, Youth and Sport of Ukraine

      Overall objective: To develop sustainable mechanisms for the promotion of citizenship and human rights education in Ukraine, in accordance with the objectives and principles of the Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education.

      Specific objectives: To strengthen the capacity of education professionals, young people and local actors; to empower young people to take action at local community level; to put principles of the Council of Europe Charter on the EDC/HRE into practice.

      Expected results and main activities:

      The Youth Forum for Democracy and Human Rights at School in Ukraine is held in Ukraine in September 2013; the Council of Europe materials on EDC/HRE are disseminated in Ukraine; 30 multipliers are trained.

      APPENDIX I – COMPLETED PROJECTS

      Project 1: Setting up an active network of independent non-judicial human rights structures (multilateral programmes run under Joint EU/Council of Europe projects called Peer-to-Peer Projects I and II)

    Reference: VC/1411

    Duration: March 2010 – February 2012 (Peer-to-Peer II)

      Implementation status: completed

      Total cost: € 80 000 participation in multilateral programme

    Funding: secured: (OB)

      Partners: Ukrainian Parliamentary Commissioner for Human Rights (Ombudsman)

    Objectives: To enhance the capacity of the Ombudsman institution to effectively address a wide range of human rights violations by non-judicial means; to promote the independence of that institution; to bind it in the active network of national human rights structures in the member states; to promote the implementation of the OPCAT and help identify an adequate set-up for a future National Preventive Mechanism against torture (NPM).

    Results and achievements:

    1. The capacity of the Ombudsman institution to effectively address a wide range of human rights violations was reinforced;

    2. Human rights violations of all types were addressed by the Ombudsman Office, screening the human rights compatibility of the national laws and regulation of administrative practices, as well as providing a non-judicial means of redress to individuals, especially from vulnerable groups.;

    3. An additional mechanism of systematic, independent preventive visits to places of deprivation of liberty was put in place to specifically address the risk of ill-treatment and Article 3 cases being brought before the Court as a consequence;

    4. Staff of the Ombudsman’s Office was trained in their respective areas of competence regarding the practical measures to be taken in order to address concrete cases;

    5. The networking of the National Human Rights Structures in the protection and promotion of people with disabilities was reinforced.

      Project 2: Assistance in capacity building to the Central Electoral Commission of Ukraine and training of electoral officials and judges

    Reference: JP/2652

    Duration: January 2011 – December 2013

    Implementation status: completed

      Total cost: €300 000

    Funding: secured (VC of Sweden)

      Partners: Ministry of Justice of Ukraine, Central Electoral Commission of Ukraine, Supreme Court of Ukraine, High Administrative Court of Ukraine, National School of Judges of Ukraine, Office of the Prosecutor General of Ukraine, including Secretariat of the Government Plenipotentiary in European Court of Human Rights, State Court Administration of Ukraine, Ukrainian Parliamentary Commissioner for Human Rights, media and civil society

      Overall objectives: To elaborate election-related legislation and its implementation, enabling the effective exercise of voting rights and creation of the necessary conditions for the free and informed participation of voters. Specific activities cover, inter alia, the preparation of handbooks and curricula (based notably on the standards of the ECHR as interpreted by the case law of the Court) and the opinions of the Venice Commission for the training sessions; to train the electoral administration at all levels in the role of the media to support a balanced coverage of the electoral campaign; a voters’ information campaign.

      Results and achievements:

      A specific pre-electoral support programme composed of a media campaign, principally through the internet and radio, was launched; the training handbook was developed (follow-up is foreseen under the project “Media”).

      Project 3: Strengthening local democracy and support for local government reforms in Ukraine

    Reference: VC/2218

    Duration: January 2010 – March 2013

    Implementation status: completed

    Total cost: ca. € 1 300 000

    Funding: secured (VC of Sweden)

      Partners: Ministry of Regional Development, Construction and Housing of Ukraine, Ministry of Finance of Ukraine, Verkhovna Rada of Ukraine (Parliament), Ukrainian Parliament Commissioner for Human Rights, State Fund for Local Self-Government of Ukraine, associations of municipalities, villages and regions

      Overall objective: To provide policy guidance, legal assistance and technical expertise to the Ukrainian authorities. The programme contributed to the establishment of an efficient local government system, in order to promote good governance and more effective provision of services to citizens in Ukraine. The purpose of the programme was to contribute to the improvement of an institutional and legislative framework for local democracy in Ukraine and the development of a system of decentralised governance consistent with the European Charter of Local Self-Government, European standards and objectives of the Council of Europe Action Plan for Ukraine.

      Results and achievements:

      1. Structural local self-government (LSG) reforms were designed and agreed upon. The LSG reform was integrated into a wider PAR process. Division of roles and responsibilities between local governments and local state administrations were clarified and streamlined;

      2. Local finance system and inter-budgetary relations were enhanced to reduce vertical and horizontal imbalances; LSG budget autonomy was strengthened; budget management was improved;

      3. The National Programme of Reform and Development of the Housing and Municipal Economy was enhanced. Inter-municipal co-operation was encouraged;

      4. Public and stakeholders’ awareness of the reform process and its impact was raised;

      5. Over twenty legal appraisals and policy advice papers on draft legislation provided; about a hundred roundtable discussions and workshops organised in two years;

      6. Council of Europe recommendations were integrated into the National Concept of the Civil Service in local government bodies, which was approved by the Cabinet of Ministers of Ukraine in December 2011;

      7. Conclusions and recommendations of the Council of Europe experts were taken into account and integrated into the equalisation formula for inter-budgetary transfers for 2012 and into the Law on Regional Development Fund, which was approved by the Parliament in December 2011;

      8. A comprehensive legislative package on LSG reform, including administrative and territorial reform, was drafted. It is expected to be considered by the Government of Ukraine.

      9. The Programme provided support for two projects on inter-municipal co-operation – local experts and officials were trained in IMC, which resulted in the implementation of concrete projects (in the regions of Donetsk and Ivano-Frankivsk);

      10. An awareness-raising campaign, via production of a video on local democracy, was carried out.

    Project 4: Promotion of European standards in the media environment

      Reference: JP/2113

    Duration: January 2008 – December 2012

    Implementation status: completed

      Total cost: € 2 488 918

    Funding: secured (EU/CoE Joint Programme)

      Partners: National Council of Television and Radio Broadcasting Verkhovna Rada of Ukraine (Parliament) Committee on Freedom of Speech State Committee of Television and Radio Broadcasting, Ukrainian Parliament Commissioner for Human Rights,

      Overall objective: To raise journalistic standards with a view to ensuring that the Ukrainian public is better informed about political and social processes in Ukraine

      Specific objectives: To align the legislative framework for the media with European standards; to raise ethical standards in the journalism profession and to promote an ongoing dialogue between the media, civil society and state administration at the local/regional level.

      Results and achievements

      1. Media-related legislation was aligned with European standards;

      2. The legal framework for, and the institutional capacity of, a public-service broadcaster was developed;

      3. A draft digital broadcasting strategy was prepared. Effective development of a system for protection of personal data is assisted;

      4. Journalists and editorial staff developed professional working methods on the basis of best practices in Europe;

      5. Media professionals understood and accepted the need to adhere to journalistic ethics rules and start the process of establishing a self-regulatory mechanism (Press Council/Press Complaints Commission);

      6. The mechanisms for co-operation and dialogue between journalists, civil society representatives and state officials were improved;

      7. Legislation on access to public information was adopted by the Ukrainian Parliament (the law came into force on 9 May 2011);

      8. Expert assistance was provided on the drafting and implementation of the Law on “Access to public information”. Appraisal of legislation on “Public Television and Radio Broadcasting of Ukraine” was provided regarding its compliance with the Audiovisual Media Services Directive of the European Union and the European Convention on Transfrontier Television;

      9. An expert overview regarding the domestic broadcasting contented quotas in Europe and recommendations for the Ukrainian case was performed for the Parliamentary Committee on Freedom of Speech and Information. The expert recommendations helped the Ukrainian policy-makers make better-informed choices when setting a quota for the broadcasters for domestic works;

      10. Analysis of draft legislation on “The protection of professional activities of journalists”, requested by the State TV and Radio Committee of Ukraine, was completed;

      11. Analysis of legislation on the “The Protection of Personal Data”, and relevant by-laws, was conducted and served as a baseline for further activities in this area;

      12. At the request of the National Television and Radio Broadcasting Council, the project supported the development of the national system of markers for protection of children against harmful media content within the framework of the relevant Interministerial working group.

      Project 5: History teaching

      Reference: VC/2687

      Duration: January 2008 – December 2011

    Implementation status: completed

      Total cost: € 100 000

    Funding: secured OB

    Partners: Ministry of Education and Science, Youth and Sports of Ukraine

      Source of justification:

      1. Request from the Ministry of Education and Science, Youth and Sport of Ukraine.

      2. CM Recommendation (2001)15 on history teaching in twenty-first-century Europe.

      3. White Paper “Living together in dignity”.

      Objectives: To provide assistance to the reform of history teaching in Ukraine; to align the national educational system to European standards and to help the young generation to acquire the necessary skills to live and build partnerships in the present-day multicultural society.

      Results and achievements:
      Project contributed to provision of guidelines for the reform of history teaching in Ukraine and notably aligning the national educational system to European standards; reinforcement of a network of high education institutions and associations of teachers; provision of guidelines for teaching sensitive issues in a multicultural context without creating tension or confrontation and helping young people build partnerships in the multicultural society.

      Project 6: Language Education Policy Profile

      Reference: VC/2829

      Duration: January 2008 – December 2011

    Implementation status: completed

      Total cost: € 40 000

    Funding: secured OB

    Partners: Ministry of Education and Science, Youth and Sports of Ukraine

      Objective: To provide assistance to reflect upon language education policy by providing the target group with an opportunity to undertake a self-evaluation of its policy in a spirit of dialogue with Council of Europe experts, and with a view of focusing on possible future policy developments within the country. The process concerns all languages in education: languages of instruction in schools, modern languages and languages of minorities.

      Results and achievements:

      1. The Language Education Policy was self-evaluated in a spirit of dialogue with Council of Europe experts and recommendations for the possible future policy development were provided;

      2. A Country Report to describe and evaluate current policy, outlining new or planned initiatives and highlighting challenges, was prepared and disseminated. The document “Language Education Policy Profile” was drafted and approved by the national authorities (published on the Council of Europe website together with the Country Report).

      Project 7: Supporting the reform of the judicial system

    Ref: 2008/DGHL/1423

    Duration: 2008 – 2011

    Implementation status: completed

      Total cost: €6 000 000

      Funding: secured (CoE/EU Joint Programme)

      Partners: Ministry of Justice of Ukraine, Supreme Court of Ukraine, High Administrative Court of Ukraine, Supreme Court of Ukraine, High Council of Justice of Ukraine, National School of Judges of Ukraine, Council of Judges of Ukraine, High Commercial Court, Office of the Prosecutor General of Ukraine, State Court Administration of Ukraine, the High Qualification Commission of Judges of Ukraine, National Commission for Strengthening Democracy and the Rule of Law, Parliament (Verkohvna Rada), Parliamentary Committee on Legal Policy and Parliamentary Committee on the Judiciary, State Court Administration, High Specialised Court for civil and criminal cases, Scientific journal “Law of Ukraine”.

      Objectives: To assist with the establishment of an independent, impartial, efficient and professional judiciary in Ukraine, accessible to all citizens, working effectively and transparently vis-à-vis citizens and civil society. The four individual components had their own separate objectives; combined, they contributed towards further strengthening the capacity of the Ukrainian judicial system to administer equitable and efficient justice. Among the issues being addressed are: automation within the courts system; the measurement of the workload of judges; the financing of courts; the system of initial and in-service training of judges; the disciplinary liability of judges; the establishment of a single professional bar association; access to legal aid; the use of alternatives to judicial dispute resolution; and procedures and tools for ensuring compliance of legislation with European standards.

      Results and achievements:

      The TEJSU project contributed to the judicial reform by providing legislative advice to the authorities on key pieces of legislation, such as the law on Free Legal Aid, the draft law on the Bar, the draft law amending the law on the Judiciary and Status of Judges, the draft Code of Criminal Procedure in order to ensure their compliance with European standards. A number of expert opinions were prepared jointly with the Venice Commission. The main outcome was the adoption of a new law on Free Legal Aid in July 2011, while other drafts had not been adopted by the end of the project.

      The efficiency of the court system was increased through the setting up of a system of court finance and the establishment of an automated court workflow system, introduced from 1 January 2011.

      Another clear success of the project has been in the field of Alternative Dispute Resolution, where mediation was introduced in four pilot courts around the country (Bila Tzerkva City Court of Kyiv Region, Vinnitsa Circuit Administrative Court, Appeal Administrative Court of Donetsk Region and Ivano-Frankivsk City Court) and led to a decrease in the number of cases dealt with by courts and the strengthening of the efficiency of courts. The pilot practices were supposed to feed into the work of the legislator, which unfortunately has not been initiated to date.

      The TEJSU project organised the procurement of electronic networks in all courts, as well as the full computerisation of the courts in the Chernivtsi region and seven regional offices of the National School of Judges. As a result, all courts in Ukraine are now connected between themselves and access to national case law has become easier.

      During the project, new key institutions were established, such as the High Qualification Commission of Judges and the National School of Judges. The TEJSU Project immediately targeted these new institutions with a view to ensuring that they were able to fulfill their role. For example, initial and continuous professional development curricula were drawn up for judges. It is important to note that initial training for judges was introduced for the first time in Ukraine during this period and the TEJSU Project significantly contributed to that.

      Improving the capacity of judges to apply European standards to their work was also at the heart of the TEJSU Project. A number of activities related to legal topics were organised at the recipients’ request, namely inter alia: on the methodology of the interpretation of legal acts; on the application of the legislation against both corruption, racism and intolerance; on legal aid; on the monitoring of network devices and applications; on computer programs; on the application of the ECHR and the case law of the ECtHR; on Alternative Dispute Resolution; on an automated case management system and on the quality of judicial decisions and relations between judges and prosecutors. The feedback received from the participants pointed to the usefulness of the training organised, but, at this stage, it is difficult to measure its impact in terms of change or improvement of day-to-day judicial work.

      All these results were achieved by the TEJSU project through peer-to-peer exchanges with a view to increasing the networking between the different actors of the judiciary in Ukraine and with their counterparts in Europe. The dissemination of European standards contributed to these results as well. They include two in-depth reports entitled “Human Rights training needs assessed in Ukraine”, aimed at assessing the training needs of Ukrainian legal professionals with regard to the ECHR, including the case law of the ECtHR; and “Assessment report on ongoing training needs of judges in Ukraine”, aimed at analysing the current legal framework governing the ongoing training of judges and evolution of the institutions responsible for the organisation of it (i.e. the National School of Judges of Ukraine) as well as the electronic edition of a legal review, “The European Court of Human Rights Court Practice”.

      The work of the Council of Europe and its standards received great visibility throughout the project and, in particular, during the Ukrainian Chairmanship of the Committee of Ministers, when high level conferences and other events were organised in co-operation with the TEJSU project.

      Project 8: Enhance and consolidate national policies relating to sport, in order to provide the UEFA European Football Championship 2012 with the best possible legal and political framework, in compliance with international standards

      Reference: VC/2703

      Duration: January 2010 – December 2012

    Implementation status: completed

      Total cost: € 80 000

    Funding: secured (VC, financial grant of UEFA)

      Partners: Ministry of Education and Science, Youth and Sports of Ukraine, State Service for Youth and Sports of Ukraine, UEFA

      Objectives: To monitor the implementation of the European Convention on Spectator Violence; to support the preparation and the organisation of major sport events, in particular the UEFA European Football Championship 2012; to support the Ukrainian authorities in the development of an anti-doping policy.

      Results and achievements:

      1. The joint project with UEFA was successfully implemented; no major problems in terms of safety and security of spectators occurred during the UEFA EURO 2012 European Football Championship. The national policy related to sport was consolidated;

      2. The Monitoring Group of the Anti-doping Convention first identified the areas where Ukraine is non-compliant with both the Convention and the Wada Anti-Doping Code and then invited Ukraine to consider the Monitoring Group’s proposals.

      Project 9: Supporting prison reform in Ukraine

    Reference: VC/2821

    Duration: March 2011 – 30 September 2013

    Implementation status: completed

      Total cost: € 1 000 000

    Funding: secured (VC of Sweden)

      Partners: State Penitentiary Service of Ukraine, Ministry of Justice of Ukraine, Ministry of Internal Affairs of Ukraine, Ministry of Health of Ukraine, General Prosecutor’s Office of Ukraine, State Court Administration of Ukraine, Ukrainian Parliament Commissioner for Human Rights, Permanent Committees of the Parliament of Ukraine and NGOs.

      Objective: To enhance reforms in the area of execution of criminal sanctions in Ukraine, in line with CPT and other Council of Europe standards and recommendations. The project will use a combination of approaches, such as policy advice and the drawing up of a sector strategy and/or road map; awareness raising; training, including management training and the necessary tools and curricula for effective training; peer-to-peer contacts with other European jurisdictions.

      Results and achievements:

      1. The functioning of the Criminal Executive Inspection Service was improved; greater use of alternative sanctions was promoted; programme to help increase the prospects of successful reintegration of prisoners was introduced; the professional skills and management capacities of high and middle ranking prison staff were developed;

        2. A regional survey and study on mid-range offenders serving their sentence in prison was concluded and its results discussed, contributing to the development of offender risk and needs assessment, supervision in the community as an alternative to imprisonment and improvement of rehabilitation services in prisons;
        3. A training curriculum for criminal-executive inspectors was revised; project activities contributed to the improvement of the capacity of the Criminal-Executive Inspection Service towards a fully functioning probation service;
        4. Prison staff competences and professional skills on prison management were consolidated into the training material, “Prison Management Manual” which was developed and used for the training of the senior officials on modern prison management methods and European standards.

      Project 10: Evaluation of the CoE Action Plan for Ukraine

    Reference: VC/2617

    Duration: January 2011 – September 2013

    Implementation status: completed

      Total cost: € 500 000 

      Funding: secured (VC of Sweden)

      Partners: main national stakeholders, international partners, experts

      Overall objective: This evaluation is part of a wider exercise, which is divided in two parts: the first part focuses on the process of definition and adoption of the Action Plan for Ukraine 2008-2011, which is the subject matter of the present Terms of Reference. The second part focuses on the global effectiveness and, therefore, the substance of the AP, for which separate Terms of Reference will be drafted.

      Specific objectives: To draw lessons guiding the preparation, design and reporting of the future Action Plan for Ukraine, as well as APs to be prepared for other priority countries.

      Develop training materials (Manual and Guidelines) on the Action Plan and project management and provide training for local project managers.

      The evaluation analysed the preparation process, the design and implementation modalities of the Action Plan for Ukraine. It was focused on such aspects as Council of Europe internal consultation and decision-making procedures; priority identification and programming; the link between results of monitoring and formulation of co-operation proposals; the extent to which projects and programmes within the AP are interlinked and contribute towards a common objective; fundraising; donor relations; relations with other stakeholders (internal and external co-ordination); overall process; and intervention logic of the AP.

      The evaluation led to conclusions based on objectives and reliable findings, to a set of lessons and recommendations that was addressed to all stakeholders (CM, Council of Europe operational entities, Ukraine authorities and relevant partners).

      Results and achievements:

      The five case studies on corruption, media, local governance, crime control and judiciary projects of the Action Plan for Ukraine 2008 – 2011 were finalised.

      The Synthesis Report was prepared. During the preparation of the report and the case studies, four working visits by consultants to Strasbourg and Kyiv were organised. Interviews with the stakeholders were carried out.

      The training and coaching programmes and materials on monitoring, risk assessment and result-based management of the Action Plan at programme level was developed and 4 training sessions for the national stakeholders were organised by ODG-PROG in 2012-2013.

      The “Manual” and “Guidelines” on the “Action Plan and project management” were published in English and Ukrainian and presented to the national stakeholders.

      The “Manual” and “Guidelines” were used for training the national stakeholders and project managers with a view to reinforce the Action Plan design, increase efficiency of the Action Plan and project implementation, monitoring and evaluation.

      Project 11: Developing a National Patient Safety Action Plan

      Reference: VC/2814

    Duration: January 2011 – September 2013

    Implementation status: completed

      Total cost: 2013: € 8 000

      Funding: secured (Ordinary budget)

      Partners: Ministry of Health of Ukraine, All Ukrainian Council for Patients’ Rights and Safety, Ukrainian Parliament Commissioner for Human Rights

    Overall objective: To improve the health status of citizens of Ukraine by developing policies which improve patient safety, prevent medical errors and decrease costs of malpractice, through implementation of recommendation Rec(2006)7 on management of patient safety and prevention of adverse events in health care.

    Specific objectives: To create a Taskforce to develop a National Patient Safety Action Plan – achieved in 2010; to develop a draft structure and content of the National Patient Safety Action Plan; to identify foreign twinning partners from countries with greater experience in patient safety, which are willing to start a long-term partnership and offer support.

      Expected results and main activities

    1. Draft National Patient Safety Action Plan was prepared and subjected to a public debate planned for October 2013 (according to the information from the All-Ukrainian Council for Patients’ Rights and Safety).

    2. Public debates and consultations were organised regarding the “Green Book on a National Patient Safety Action Plan” in 2012. This activity was supported by the CoE.

    A Study Visit was organised for a delegation from the All-Ukrainian Council for Patients’ Right and Safety to the Council of Europe, Strasbourg, 7 November 2012.

    The Council of Europe was represented at, and contributed speakers to, the First National Patient Safety Congress, Kyiv, 29-30 November 2012.

    3. A legislative framework necessary to implement a National Patient Safety Action Plan was elaborated.

      Results and achievements:

      The “Green Book” on national patient safety was published in Ukrainian, including the CoE CM Recommendation Rec(2006)7 on management of patient safety and prevention of adverse effects in health care, and its Explanatory Memorandum. The publication was financially supported by the Council of Europe.

      2. Representatives of the All-Ukrainian Council for Patients’ Rights and Safety participated in the CoE Workshop on citizens’ consultation on the right to the protection of health, Strasbourg, 8-9 November 2012.

      3. The Council of Europe contributed with four speakers to the First National Patient Safety Congress, Kyiv, 29-30 November 2012.

      Project 12: Swiss/Ukrainian Pilot Initiative on the Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education [adopted in the framework of Recommendation CM/Rec(2010)7]

      Reference: VC/2581

      Duration: 2011 – 2013

      Implementation status: completed

      Total cost: € 20 000

      Funding: secured (OB and VC of Switzerland)

      Partners: Ministry of Education and Science, Youth and Sports of Ukraine, National Academy of Public Administration at the President of Ukraine, secondary schools

      Overall objective: To explore possible ways of implementation of Recommendation CM/Rec(2010)7 on the Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education (EDC/HRE), in the form of technical co-operation.

      Specific objectives: To raise awareness of the Charter; to support the implementation of the Charter in a number of specific areas, such as curricula (Article 6) and teacher training (Article 9).

      Results and achievements:

      Study visits were organised to Switzerland and Ukraine and a book on the outcomes of this initiative was published in 2013.

      This project inspired the setting up of the EDC/HRE pilot projects’ scheme open to all countries of the European Cultural Convention, to be co-financed by the European Commission.

      APPENDIX II – PROJECTS REQUIRING ADDITIONAL CONSULTATIONS WITH THE UKRAINIAN AUTHORITIES FOR THE NEXT PROGRAMMING CYCLE

      Project 1: Setting up an all-Ukrainian smart line of prompt reaction to persons in difficult living conditions, including prevention of domestic violence, combating human trafficking and gender discrimination

    Reference: VC/2809

    Duration: 2014 – 2015

    Implementation status: proposed

      Total cost: € 1 000 000

      Funding: required [possible financial contribution from the Ukrainian partner]

      Partners: Ministry of Social Policy of Ukraine; local administrations, social services for families, children and youth, services for children, Ukrainian Parliamentary Commissioner for Human Rights

      Overall objectives: To ensure timely intervention and assistance for persons in difficult circumstances; to create a mechanism of prompt reaction to the problems of persons in difficult circumstances; to increase public awareness of the possibilities of solving social problems and possible assistance.


      Expected results and main activities:

      1. Studying the international experience on bringing into service the smart lines of prompt reaction, conducting training seminars for national trainers, development of guidelines for the smart lines of prompt reaction staff, taking into account national peculiarities.

      2. National trainers are trained on the algorithms of work of the smart lines of prompt reaction, detailed instructions for smart line staff are available, information and advertising leaflets for advertising campaigns are published, workers are familiar with international experience of existing services.

      3. Publication of information and advertising leaflets, conducting a large-scale publicity campaign on the possibilities of the smart lines of prompt reaction.

      4. The population is aware of the existence of the smart lines of prompt reaction.

    Project 2: Promotion of gender equality standards and mechanisms, including elimination of all forms of gender discrimination through the creation and reinforcement of monitoring mechanisms at both central and local levels

    Reference: VC/2807

    Duration: 2014 - 2015

    Implementation status: proposed

      Total cost: € 1 000 000

    Funding: required

      Partners: Ministry of Social Policy of Ukraine, Ministry of Education and Science, Youth and Sports of Ukraine, Ministry of Justice of Ukraine, Ministry of Foreign Affairs of Ukraine, NGOs

      Overall objective: To reinforce national capacity in ensuring gender equality standards.

      Specific objectives: To increase the population’s awareness and gender experts’ capacities on the possibilities of countering gender discrimination; to increase awareness of gender equality standards among the governmental agencies and general public.

      Expected results and main activities:

      Formal and informal links of co-operation with civil society organisations pursuing gender equality objectives; establishment of a network of national trainers capable of working on gender equality standards and mechanisms.

      Project 3: Promoting social rights and social cohesion

      Reference: VC/2815

    Duration: 2014 – 2015

    Implementation status: proposed

      Total cost: € 800 000

      Funding: required

      Partners: Ministry of Social Policy of Ukraine and other relevant ministries, inter-ministerial working group on social rights, Ukrainian Parliamentary Commissioner for Human Rights, local self-government in relevant regions

      Overall objective: To enhance the respect of social rights in Ukraine in line with the provisions of the European Social Charter, the European Code of Social Security, the New Strategy and the Council of Europe’s Action Plan for Social Cohesion, as well as other relevant international instruments and the Declaration of the Committee of Ministers on the 50th anniversary of the European Social Charter (adopted on 12.10.2011).

      Specific objectives:

      - To ensure the effective implementation of the rights guaranteed by the European Social Charter, taking into account Conclusions 2009 – 2012 of the European Committee of Social Rights and to prepare accession to not-yet-accepted provisions, including a collective complaints procedure.

      - To promote greater awareness of economic and social rights amongst civil society;

      - To bring the Ukrainian legislation and practice in full conformity with the norms of the European Code of Social Security and strengthen the legal framework, ensuring the long term sustainability of the Ukrainian social security system.
      - To ensure that the principles of the Code are observed in the reforms of a social security system, particularly in the field of pensions and health insurance;
      - To promote social cohesion in Ukraine through the improvement of a social services system in selected regions, taking into account the New Strategy and Council of Europe Action Plan for Social Cohesion (adopted by the Committee of Ministers on 07.07.2010) and in accordance with the European Social Charter.

      Expected results and main activities:

      1. Ways to remedy situations of non-conformity identified in Conclusions 2009-2012 are defined.

      2. Grounds for the acceptance of additional provisions (i.e. on social security, social and medical assistance, rights of migrant workers, and of the collective complaints system) are elaborated.

      3. Studies on the compatibility of the Ukrainian social security legislation with the provisions of the European Code of Social Security are updated.

      4. The legal framework, ensuring a long term sustainability of the social security system, is strengthened.

      5. Tools to develop an effective social security mechanism are /provided.

      6. Skills on standards and required reforms with regard to modern social services, in line with the New Strategy and the Council of Europe Action Plan for Social Cohesion, are enhanced.

      7. A strategy for the development of social services at national, regional and local levels is designed, taking into consideration in particular the requirements of Articles 14, 23, 13§2 and 30 of the European Social Charter.

      8. A systematic approach to implement the policy of social services is defined, relevant regulations are prepared and the delivery of social services to vulnerable people living in difficult conditions is improved in selected regions.

      9. Training programmes and activities for social services staff are designed.

      Project 4: Strengthening security of the financial system

    Reference: VC/2837

    Duration: 2014 – 2015

    Implementation status: proposed

      Total cost: to be defined

      Funding: required

      Partners: Ministry of Internal Affairs of Ukraine, State Service for Financial Monitoring of Ukraine, Ministry of Justice of Ukraine, Ministry of Finance of Ukraine, National Bank of Ukraine, State Securities and Stock Market Commission of Ukraine, State Financial Services Market Regulation Commission, Security Service of Ukraine, Ministry of Economic Development and Trade of Ukraine.

      Overall objectives: To develop and improve the AML/CFT system, in line with European standards and MONEYVAL recommendations, in order to provide financial security of Ukraine;to boost domestic co-operation and capacity at central and regional level in key areas, such as financial investigation; enhancement of supervisory oversight of banking, non-banking financial and non-financial reporting entities in the AML/CFT area; development and optimisation of legislative, regulatory and supervisory functions of the State Committee for Financial Monitoring of Ukraine, the National Bank of Ukraine, the State Securities and Stock Market Commission, the State Financial Services Market Regulation Commission and other supervisory bodies, in order to ensure adherence of the reporting entities with anti-money laundering, counteract terrorist financing legislation and remove legislative hindrances that impede development of the financial market, with maximum consideration of its participants’ interests.

      Expected results and main activities:

      1. In line with European standards and MONEYVAL recommendations and in order to provide financial security of Ukraine, the AML/CFT system is developed and improved.

      2. Domestic co-operation and capacity at central and regional level in key areas, such as financial investigation and supervisory oversight of banking, is reinforced.

      3. Legislative, regulatory and supervisory functions of the State Committee for Financial Monitoring of Ukraine, the National Bank of Ukraine, the State Securities and Stock Market Commission, the State Financial Services Market Regulation Commission are enchanced.

      Project 5: Project against corruption – ‘UPAC 2’

    Reference: JP/2458

    Duration: 2014 – 2015

    Implementation status: proposed EU/CoE Joint programme

    Total cost: € 1 380 000

    Funding: required

      Partners: Ministry of Justice of Ukraine, Ukrainian Parliament Commissioner for Human Rights, State Court Administration of Ukraine

      Overall objective: To contribute to the improvement of Ukrainian anti-corruption legislation and policies, and to develop the capacities of the respective Ukrainian institutions to effectively and efficiently implement them.

      Specific objectives: To strengthen the capacity for the prevention of corruption; to strengthen the law enforcement agencies’ institutional capacity to investigate and prosecute corruption-related offences; to support future reforms of domestic anti-corruption legislation.

      Expected results and main activities:

      1. Ukrainian anti-corruption legislation and policies are improved, the capacities of the respective Ukrainian institutions for their effective policy implementation, is developed.

      Project 6: Project against cybercrime

    Reference: JP/2523

      Duration: 2014 – 2015

    Implementation status: proposed EU/CoE Joint Programme

      Total cost: € 1 200 000

    Funding: required

      Partners: Ministry of Justice of Ukraine, Ministry of Internal Affairs of Ukraine, Security Service of Ukraine, Judicial Council of Ukraine, Prosecutor General’s Office, specialised agencies, local NGOs, Ukrainian Parliamentary Commissioner for Human Rights

      Objective: To strengthen criminal justice capacities against cybercrime, on the basis of the Budapest Convention (legislation, high-tech crime unit, judicial training, law enforcement – ISP co-operation, measures against child pornography, efficient international co-operation);

      Specific objectives: To promote the building and maintenance of a unified national system for combating cybercrime; to exchange experience in conducting investigations, expert forensic research in the field of combating cybercrime; to establish a modern scientific and methodologically-based assessment of malware and hardware used by cybercriminals; to organise and conduct training for employees of law enforcement involved in combating cybercrime; to create a separate structural element - the National Centre for Combating Cyber Threats.

      Expected results and main activities:

      Criminal justice capacities of Ukraine in the field against cybercrime, on the basis of the Budapest Convention (legislation, high-tech crime unit, judicial training, law enforcement (ISP co-operation, measures against child pornography, efficient international co-operation) are strengthened.

      Project 7: Project to combat trafficking in human beings

    Reference: VC/2822

      Duration: 2014- 2015
      Implementation status: proposed
      Total cost: € 1 500 000
      Funding: required

      Partners: Ministry of Internal Affairs of Ukraine, Ministry of Social Policy of Ukraine, local state administrations, Ministry of Justice of Ukraine, Judiciary and Prosecution Services, Verkhovna Rada of Ukraine, centres of social services and NGOs

      Objectives: To contribute to the full implementation of the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197), as an effective instrument in the fields of prevention of trafficking, prosecuting traffickers and protecting victims; strengthening the capacity of key institutions involved in the fight against trafficking of human beings; creating legislative procedures and mechanisms to ensure timely assistance for victims of trafficking.

      Expected results and main activities:

      1. Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197) is effectively implemented;

      2. Capacity building of key institutions involved in the fight against trafficking in human beings is strengthened; legislative procedures and mechanisms to ensure timely assistance for victims of trafficking are created.

      Project 8: Pestalozzi programme: training of trainers

    Reference: VC/2823

    Duration: 2014− 2015

    Implementation status: proposed

      Total cost: € 200 000

      Funding: required

      Partners: Ministry of Education and Science, Youth and Sports of Ukraine and educational institutions

      Overall objectives: To emphasise the importance of education and teacher education; to increase awareness of the key role of education in promoting human rights, democracy and the rule of law.

      Specific objectives: To work collaboratively on projects of shared thematic and pedagogic interest; to strengthen personal and professional relationships across Europe and the world.

      Expected results and main activities: the importance of education and teacher education is promoted; awareness of the key role of education in promoting human rights, democracy and the rule of law is increased.

      APPENDIX III – COE/UKRAINE DOCUMENTS RELEVANT TO THE IMPLEMENTATION OF THE COUNCIL OF EUROPE ACTION PLAN

      FOR UKRAINE 2011 – 2014

        - 77 Council of Europe conventions signed and ratified by Ukraine;

        - Decree of the President of Ukraine on the Action Plan to meet obligations and commitments of Ukraine which derive from its Council of Europe membership of 12 January 2011 with amendments introduced by decree of the President of Ukraine of 27 April 2011;

        - Programme of economic reforms of Ukraine for 2010-2014 “Wealthy society, competitive economy, effective government’’;

        - Law “On Judiciary and Status of Judges’’ of 7 July 2010;

        - Law “On the Fundamentals of Corruption Counteraction in Ukraine” of 7 April 2011;

        - Decree of the President of Ukraine “On the Working Group on improvement of the election legislation” of 2 November 2010;

        - Decree of the President of Ukraine “On approving the Concept of reform of the criminal proceedings legislation of Ukraine” of 17 August 2010;

        - Opinion of the Parliamentary Assembly of the Council of Europe no. 190 on the application by Ukraine for membership of the Council of Europe;

        - PACE Resolution 1755 (2010) on the functioning of democratic institutions in Ukraine;

        - Reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on the periodic visits to Ukraine in 2002; 2005; 2007, 2009; 2011, 2012 and 2013;

        - Report by the Council of Europe Commissioner for Human Rights on his visit to Ukraine, 10 – 17 December 2006 and 19 – 26 November 2011;

        - The Court's judgments with findings of violations in Ukraine with regard to ill-treatment and its improper investigation (quasi-pilot judgment Kaverzin v. Ukraine) and independence of judiciary and separation of powers (judgment Volokov v. Ukraine);

        - Recommendation Rec(2006)5 of the Committee of Ministers to member states on the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improvement of the quality of life of people with disabilities in Europe 2006-2015;

        - Strasbourg Declaration on Roma adopted at the High-Level Meeting on Roma on 20 October 2010; CM recommendations related to Roma [Rec(2008)5 on national policies for Roma; Rec(2009)4 and Rec(2000)4 on the education of Roma; Rec(2006)10 on Roma access to health care; Rec(2005)4 on improving housing conditions for Roma; Rec(2001)17 on Roma access to employment];

        - Recommendation Rec(2006)7 on management of patient safety and prevention of adverse events in health care. It builds also on the results of the Council of Europe Conference on “Patient safety as a European Challenge”, Warsaw, 14-15 April 2005;

        - Conclusions of the European Committee of Social Rights;

        - Recommendations of the Council of Europe Pompidou Group’s experts on effective school-based drug prevention interventions (P-PG/MinConf (2006)1);

        - PACE Resolution 1703 (2010) (on judicial corruption);

        - PACE Recommendation 1896 (2010) (on judicial corruption);

        - Recommendation 102 (2001) of the Congress of Local and Regional Authorities on local and regional democracy in Ukraine;

        - The Utrecht Agenda on Delivering good local and regional governance in 2010-2013, adopted by the European Ministers responsible for local government in 2009;

        - Recommendation 303 (2011) and Resolution 322 (2011) on Local Elections in Ukraine (31 October 2010);

        - Declaration adopted by the Ministers of Culture of Armenia, Azerbaijan, Georgia, Moldova and Ukraine to launch the Kyiv Initiative Regional Programme (December 2006);

        - White Paper on Intercultural dialogue;

        - Final Declaration of the 8th Council of Europe Conference of Ministers responsible for youth, Kyiv 2008 (“Agenda 2020”); Resolution CM/Res(2008)23 of the Committee of Ministers on the youth policy of the Council of Europe; annual priorities of the youth sector set by the Joint Council on Youth (CMJ);

        - CM Recommendation (2001)15 on history teaching in twenty-first-century Europe;

        - White Paper “Living together in dignity”;

        - Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education [adopted in the framework of Recommendation CM/Rec(2010)7];

        - PACE Resolution 1920 (2013) "The state of media freedom in Europe";

        - PACE Resolution 1862(2012) on the Functioning of Democratic Institutions in Ukraine;

        - Criminal Procedure Code of 13 April 2012;

        - Law “On the Bar” of 5 July 2012;

        - Law “On the Parliament Commissioner for Human Rights” including the amendments regarding the establishment of NPM against Torture;

        - Regulation of the President of Ukraine “On the Working Group on Reforming Public Prosecution and Advocacy” of 22 November 2011;

        - Regulation of the President of Ukraine “On the Working Group on Implementation of the Concept on development of Juvenile Justice in Ukraine” of 25 January 2012;

        - Recommendation Rec (2000)19 of the Committee of Ministers to member states on the role of public prosecution in the criminal justice system;

        - Recommendation Rec (2012)11 of the Committee of Ministers to member states on the role of public prosecutors outside the criminal justice system;

        - The Additional Protocol to the European Charter of LSG on the right to participate in the affairs of a local authority (ratified by the Law of Ukraine No. 2888 dd. 23.10.2012;

        - CM Recommendation Rec (2006)2 on the European Prison Rules;

        - CM Recommendation Rec (2010)1 on the Council of Europe Probation Rules;

        - CM Recommendation Rec (99)22 concerning prison overcrowding and prison population growth;

        - CM Recommendation Rec (2000)22 on improving the implementation of the European Rules on community sanctions and measures;

        - CM Recommendation Rec (2003)22 on conditional release (parole);

        - CM Recommendation Rec (2006)13 on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse.

      APPENDIX IV – LIST OF NATIONAL STAKEHOLDERS

        Ministry of Foreign Affairs

        Ministry of Justice

        Ministry of Internal Affairs

        Ministry of Culture and Tourism

        Ministry of Education, Science, Family and Youth

        Ministry of Social Affairs

        Ministry of Regional Development, Construction and Municipal Economy

        Ministry of Economy and Trade

        Ministry of Finance

        State Penitentiary Service

        State Committee of Ukraine for TV and Radio Broadcasting

        State Committee of Nationality and Religion

        State Committee of Financial Monitoring

        General Persecutor’s Office

        Central Electoral Commission

        National Council of Ukraine for TV and Radio Broadcasting

        State Service of Ukraine for Protection of Personal Data

        Foundation of Local Self-government

        Higher Administrative Court

        Administration of the President

        Parliament of Ukraine (Verkhovna Rada) and its Committees

        Co-ordination Centre of Economic Reforms under the President of Ukraine

        Association of Ukrainian Cities

        Association of the Villages

      Association of Oblast and Rayon Councils of Ukraine

        National Academy of Public Administration under the President of Ukraine

        Constitutional Assembly

        Ombudsperson (Parliament Commissioner for Human Rights)

        Ombudsman for Children under the President of Ukraine

        National Commission for the State Regulation of Communications and

        Information Technology

        Supreme Court of Ukraine

        High Specialised Court of Ukraine on Civil and Criminal cases

        Council of Judges of Ukraine

        High Council of Judges of Ukraine

        High Qualification Commission of Judges of Ukraine

        National Bar of Ukraine

        High Qualification Commission of Advocates of Ukraine

        National School of Judges of Ukraine

        National Academy of Prosecutors of Ukraine

        Association of Judges of Ukraine

      APPENDIX V – LIST OF INTERNATIONAL ORGANISATIONS AND PARTNERS

        1. European Union

        2. United Nations (UNDP, UNICEF, etc)

        3. Organisation for Co-operation and Security in Europe (OSCE)

        4. Switzerland (SDC)

        5. Norway

        6. Sweden (Sida)

        7. Denmark (DANIDA)

        8. Poland

        9. Germany

        10. United States (USAID)

        11. Canada (CIDA)

APPENDIX VI – ACTION PLAN FOR UKRAINE 2011-2014 - LOGICAL FRAMEWORK

      INTERVENTION LOGIC

    PERFORMANCE INDICATORS

    MEANS OF VERIFICATION

    ASSUMPTIONS

      Overall Objectives

         

    The AP’s overall objectives are: to support the country in honouring its statutory obligations and the commitments taken upon accession to the Council of Europe; to support Ukraine’s ambitious and important domestic and European agenda for reform in the areas of human rights, the rule of law and democracy.

    To align the national legal framework and to assist the country in bringing its national institutions and practice in line with CoE standards and norms.

    To develop the Action Plan as a strategic and results-based management tool and to increase efficiency of the programming and co-ordination mechanisms established by the Council of Europe and national stakeholders.

    Progress as attested by CoE monitoring reports (CM, PACE, other thematic monitoring mechanisms) with regard to the implementation of the CoE recommendations and the decreased number of legislative discrepancies and shortcomings.

    The number of CoE legal instruments ratified and national laws adopted, along with secondary legislation and regulatory acts newly adopted in line with CoE standards and norms, and the number of legislatives discrepancies identified by experts, monitoring mechanisms and the national courts, are reduced.

    The number of national stakeholders involved in the AP programming and implementation increases, as well as their input to the decision-making process. CoE/Ukraine SCMs on AP programming and implementation are regularly organised (1 per year).

    The number of international partners and donors supporting the Action Plan increases.

    A co-ordination mechanism between CoE/Ukraine/international partners is established.

    Assessment and reporting modalities are integrated into the Action Plan programming cycle; their parameters are clearly defined in the Action Plan and fully used by the CoE and national stakeholders.

    Deliberations of the CM meetings, progress reports on the Action Plan implementation, statements and recommendations of the CoE/Ukraine Steering Committee meetings.

    Monitoring body reports, AP progress reports, the analytical and assessment reports prepared in the framework of the thematic projects, CoE staff mission reports, national and international expert assessments and comparative analyses; the statements of national stakeholders and international partners/organisations, reports of the monitoring bodies.

    The AP progress reports, deliberations and recommendations of the Steering Committee meetings, CoE staff mission reports, national and international expert assessments, and the statements of national stakeholders.

    Political commitments and administrative support of the national authorities at all levels; permanent effective dialogue with all relevant stakeholders involved in the Action Plan implementation.

    Domestic reform agenda of the national authorities must be in line with the AP priority actions; political will of the national stakeholders to implement the co-operation projects is secured through their close involvement in the AP programming and implementation.

           

    Specific Objective n°1. Human Rights

      To protect and promote human rights, equality, diversity and the rights of the vulnerable, as well as to enhance the protection of social rights by ensuring effective implementation of the ECHR and the ESC.

    Progress in the field of HR as attested by regular reports, meetings and statements by stakeholders and external experts/ observers.

    The number of cases brought to the ECtHR is reduced.

    Progress reports on the Action Plan implementation.

    Reports on the results of monitoring and evaluation of missions/meetings carried out by CoE Secretariat and experts. Interviews with beneficiaries.

    Political commitment of national stakeholders, at all levels, and co-operation in the field of Human Rights.

    Effective dialogue between the CoE Secretariat and national stakeholders is established and supported.

    Expected Results

         

    1. The protection and promotion of human rights

    a) Co-operation between the CoE and Ukraine in the area of human rights protection is enhanced through a better awareness of legal professionals and non-judicial bodies.

    b) The capacity of law enforcement agencies and penitentiary institutions to combat ill-treatment is strengthened. Allegations of ill-treatment are investigated in an effective manner.

    c) Independent non-judicial human rights structures are established and reinforced.

    d) Proper conditions for the effective implementation of the ECHR are established and its implementation is ensured.

    2. Equality, diversity and the rights of the vulnerable

    a) National capacities in ensuring gender equality, children’s rights, combating violence against women, are reinforced.

    b) Communication between public institutions and Roma are more effective in the areas of schooling, health and employment, through mediators. Stereotypes are fought more effectively.

    c) National policy for the people in difficult living conditions and with disabilities is developed and effectively implemented.

    3. Ensuring social rights

    a) A National Patient Safety Action Plan is developed and implemented.

    b) A mechanism of prompt reaction to the problems of persons in difficult living conditions is created. Rights of ESC are ensured.

    The number of newly adopted laws and regulatory acts aiming to improve the legal framework regulating the execution of ECtHR judgments and court practices is increased. The number of judges trained is increased. Conclusions and recommendations on the execution of ECtHR judgments are introduced in the internal regulatory acts.

    The CoE Secretariat monitoring bodies and expert reports (CPT) attest to the improvement in combating ill-treatment. Number of cases linked to ill-treatment is reduced.

    A network of independent non-judicial human rights structures is reinforced and the number of participants in the network is increased.

    A national policy to promote gender equality, children’s rights and combating violence against women is developed and implemented. The number of cases linked to the violation of children’s and women’s rights is reduced as attested by the experts’ reports on the improvement of the legal and institutional framework.

    Reports on the improvement of institutional framework regulating communication between public institutions and Roma in the areas of schooling, health and employment, attest to a positive development in the field of combating stereotypes.

    CoE Recommendations are implemented by the national authorities.

    National policy is adopted. The number of newly adopted laws and regulatory acts is increased. The Recommendations on the implementation of the national policy for people in difficult living conditions and with disabilities are implemented.

      Report on the activities and Secretariat meetings attest to the ESC promotion, alignment of the national legislation (number of laws adopted and recommendations implemented) and practice with the ESC principles, reinforcing the children’s rights protection system.

    Progress reports on Action Plan implementation.

    Reports on the results of monitoring and evaluation of missions/meetings carried out by CoE Secretariat and experts. Interviews with beneficiaries.

    The national stakeholders’ support to the activities in the field of protection and promotion of Human Rights.

    Effective dialogue between the CoE Secretariat and national stakeholders is established and supported.

    The national stakeholders’ give support to activities in the areas of promotion of equality, diversity and protection of rights of the vulnerable.

    Effective dialogue between the CoE Secretariat and national stakeholders is established and supported.

    Specific Objective n°2. Rule of Law

         

    To develop the democratic institutions and procedures at national, regional and local level and to promote the respect of the rule of law.

    Progress in the democratic institutions and procedures at national, regional and local level and promotion of the respect of the rule of law, as attested by regular reports, meetings and statements by stakeholders and external experts/ observers.

    The assessment reports are prepared and shared with the national stakeholders.

    Reports on the results of monitoring and evaluation of missions/meetings are carried out by CoE Secretariat and experts. Interviews with beneficiaries

    Progress reports on Action Plan implementation.

    Political commitment of the national stakeholders at all levels of co-operation in the field of Rule of Law.

      Effective dialogue between the CoE Secretariat and national stakeholders is established and supported.

      Expected Results

         

    1. Ensuring Justice

    a) Independent, impartial, efficient and professional judiciary, accessible to citizens, which works more effectively and transparently

    b) Reforms in the area of the penitentiary and execution of criminal sanctions in line with CoE standards are promoted through policy advice, a road map, training and peer-to peer contacts.

    Support for prison reform.

    c) The Public Prosecutor Services are reformed in line with Ukraine’s commitments to the CoE and country priorities in criminal justice.

    2. Countering threats to the Rule of Law

    a) National capacities to fight corruption, cybercrime and trafficking in human beings are more effective.

    Improvement of the judges’ training system (regulatory act on the organisation of judges’ training is amended); increase in the judiciary’s efficiency (recommendations are developed and implemented, regulatory acts adopted), as attested by the AP activities and the CoE expert reports (CEPEJ).

    The Coe Secretariat monitoring and expert reports attesting an establishment of an efficient and child-friendly justice system (adoption of a normative act on introducing non-judicial procedures)

    Reports, interviews, expert conclusions attest to the reduction in the number of the custodial punishments. Adoption of secondary legislation on the establishment of the reintegration system.

    The amendments to the Law on GPO and CCP are adopted and CCPE and CEPEJ recommendations are implemented at national level.

    The number of newly adopted legislation and regulatory acts is increased. Special institutions dealing with the fight against corruption, cybercrime and trafficking in human beings are established and/or reinforced.

    Number of cases linked to corruption and trafficking is reduced as attested by the courts record and independent survey.

    Reports and CoE Secretariat missions and activities, CoE and national expert reports.

    Reports on the results of monitoring and evaluation missions/meetings carried out by CoE Secretariat and expert reports.

    Interviews with beneficiaries. Independent survey.

    The national stakeholders’ support to the activities in the field of Justice.

    Effective dialogue between the CoE Secretariat and national stakeholders is established and supported.

    Specific Objective n°3. Democracy

         

    To strengthen democratic institutions at national, regional and local level; to expand democratic culture, promote democratic education, build up cohesion; to increase wider participation by key social and civil actors, as well as youth, in the decision-making process.

    Progress in the field of democracy, as attested by regular reports, meetings and statements by stakeholders and external experts/observers.

    A number of key social and civil actors involved in promoting democratic education, cohesion and democratic culture is increased. Their network is reinforced.

    Progress reports on the Action Plan’s implementation.

    Reports on the results of monitoring and evaluation missions/meetings and CoE Secretariat and expert reports.

    Interviews with beneficiaries.

    Political commitments of the national stakeholders at all levels in co-operating in the field of Democracy.

    Effective dialogue between the CoE Secretariat and national stakeholders is established and supported.

    Expected Results

         

    1. Parliamentary democracy and electoral legislation and practice

    a) National and local elections are conducted in line with the European standards.

    2. Local democracy

    a) Policy advice, legal assistance and technical expertise are provided to support local government reform in line with European standards and domestic priorities.

    b) Quality of local government is improved. Greater transparency of the institutions is promoted.

    3. Democratic governance and stability

    a) Freedom of expression, information and the media is promoted through the enhancement of the legal framework, establishing a genuine public broadcasting service and raising professional standards in journalism

    b) Democratic governance is promoted through a number of initiatives in culture, education and youth policies

    Enhancement of the electoral administrative capacity, at all levels, to conduct elections in line with the European standard, as attested by the CoE monitoring bodies and observation missions.

    Number of laws, secondary legislation and regulatory acts relating to the reform of local self-government is increased. Reports and the CoE experts’ conclusions attest that the local authorities’ management and financial capacity is developed and reinforced; leadership by the local, elected representatives is strengthened and promoted.

    Progress in improvement of the legal and institutional framework (number of laws, secondary legislation and regulatory acts) regulating the media, establishing a genuine public broadcasting service (regulatory act on establishing the public broadcasting is adopted) and contributing to raising professional standards in journalism.

    The number of initiatives in culture, education and youth policies is increased as attested by the reports and the CoE experts’ conclusions.

    Reports and CoE Secretariat missions and activities, CoE and national expert reports.

    Reports on the results of monitoring and evaluation missions/meetings carried out by CoE Secretariat and experts. Interviews with beneficiaries.

    The national stakeholders’ support to the activities in the field of Democratic governance.

    4. Sustainable Democratic Societies

    a) Higher-level education system is reformed in line with the requirements of Bologna Process

    b) Support of the introduction of HR Education for children and young people and promotion of public awareness of global interdependence and solidarity through global education.

    c) Improvement of the professionalism of journalists and promotion of the freedom of the media

    d) Promotion of a comprehensive and integrated approach with regard to communities and historic towns: reconciliation, local and regional development and intercultural dialogue.

    e) Promotion and protection of biodiversity.

    f) Enhanced capacity for modernising cultural governance.

    Normative acts are adopted on the reform of the High Education system in line with the requirements of the Bologna Process

    Regulatory act on introduction of the HR Education for children and young people

    Conclusions and recommendations are prepared and implemented by the national authorities.

    Number of journalists “satisfied” with a state of freedom of media in the country is increased.

    National Policy on a comprehensive and integrated approach with regard to the communities and historic towns is developed and approved by the national authorities. The implementation of recommendations relating to specific topics like reconciliation, local and regional development and intercultural dialogue are implemented.

    Reports, interviews, expert conclusions attest to the promotion of biodiversity and enhanced capacity for modernising cultural governance (development and adoption of the cultural governance modernisation policy).

    Reports and CoE Secretariat missions and activities, CoE and national expert reports.

    Reports on the results of monitoring and evaluation missions/meetings carried out by CoE Secretariat and experts. Interviews with beneficiaries.

    National stakeholders’ commitment and management capacity of the national partners at all levels of co-operation.

    Specific Objective n° 4. Programming and co-ordination mechanism

    a) To promote the AP as a strategic, result-oriented co-operation, programming and fundraising tool; increase the AP visibility inside and outside the country.

    b) To reinforce the ownership of the national stakeholders and their commitment to implementing the AP activities.

    c) Reinforce the AP programming and co-ordination mechanism - Steering Committee Meeting.

    d) Develop the fundraising strategy and ensure the AP proper funding.

    e) Provide the stakeholders of the CoE Action Plan with a comprehensive assessment of AP implementation results and achievements.

    The conclusions of CoE/Ukraine SCMs confirm that a long-term co-operation approach is promoted and AP is used as a strategic programming and co-ordination tool.

    Media surveys and contacts with the national and international partners confirm that AP is widely known inside and outside the country.

    The MFA regularly organises the co-ordination meetings with the national stakeholders involved in the AP. CoE Secretariat confirms that the national stakeholders reinforce their support and confirm commitment to implementing the AP activities; the national partners are closely and actively involved in project implementation and contribute to the AP assessment.

    SCMs are regularly organised (at least 1 per year) and the main decisions related to the AP implementation, evaluation and reporting are discussed and approved by Steering Committee, guiding the national stakeholders in implementing the co-operation activities.

    The CoE Secretariat fundraising strategy allows mobilisation of additional financial resources.

    The CoE Secretariat regularly prepares the AP progress reports which are approved by CM and are widely disseminated among the national stakeholders and international partners.

    Evaluation reports.

    Recommendations and other relevant documents prepared by the CoE Secretariat.

    Assessment reports on the country specific needs.

    Recommendations concerning AP priorities; the CoE Secretariat and experts assessment reports; meeting conclusions.

    Political commitment and MFA management and co-ordination capacity with regard to promoting the AP as strategic, result-oriented co-operation and programming tool.

    MFA capacity to regularly organise the SCMs and bilateral (CoE/ national authorities) and trilateral (CoE/EU/ national authorities) consultations and provide co-ordination and technical support for programming, fundraising and assessment exercises.

    Expected Results

         

    a) AP visibility is increased.

    b) Ownership of the AP by national stakeholders is reinforced.

    c) SCM co-ordination and programming role is strengthened.

    d) Fundraising strategy is developed and implemented.

    e) AP assessment is regularly carried out and the assessment results are communicated to the AP stakeholders.

    Visibility strategy is developed and promoted; awareness of the CoE AP is raised among the national stakeholders, international partners and the public at large, as attested by the AP visibility and communication activities, interviews, reports, mass media survey.

    All national stakeholders are actively involved in the AP implementation, take initiatives and provide necessary support.

    SCMs are regularly organised and the main decisions relating to the AP implementation, evaluation and reporting are discussed and approved by Steering Committees.

    Fundraising strategy is developed, additional financial resources are mobilised, as attested by the CoE and national stakeholders and the AP progress reports.

    AP progress reports are regularly prepared and disseminated among the national stakeholders.

    Evaluation reports and visibility/communication activities.

    Recommendations and other relevant documents prepared by the CoE Secretariat.

    Assessment reports on the country-specific needs.

    Recommendations concerning organisation priorities and the CoE Secretariat and expert assessment reports and meeting conclusions.

    National stakeholders’ commitment and MFA management and co-ordination capacity with regard to promoting the AP as a strategic, result-oriented co-operation and programming tool.

    MFA is committed to regularly organising the SCMs and bilateral (CoE/ national authorities) and trilateral (CoE/EU/ national authorities) consultations and provide co-ordination and technical support for programming, fundraising and assessment exercises.

      APPENDIX VII – FINANCIAL INFORMATION

      Situation as of October 2013

      Total Number Of Projects: 57

      Total Action Plan Budget: € 34 852 945

      Funding Secured: € 20 964 295

      Funding Gap: € 13 888 650

      Table 1: GENERAL BUDGET (all figures in euro)

              Funding secured

               

              Type of project

              Ordinary Budget

              EU/CoE Joint Programmes

              Voluntary Contributions

              Total funds secured

              Funding Gap

              National

              573 000

              8 008 918

              10 284 000

              18 865 918

               

              Regional/Multilateral

               

              1 978 377

              120 000

              2 098 377

               

              TOTAL

              573 000

              9 987 295

              10 404 000

              20 964 295

              13 888 650

      Table 2: BUDGET BY PILLAR (all figures in euro)

    Pillars

    Total funds secured

    Additional funds required

    1. Human rights

    6 292 000

    5 123 650

    2. Rule of law

    2 962 394

    5 580 000

    3. Democracy

    11 209 901

    3 185 000

    Action Plan Evaluation

    500 000

     

    TOTAL

    20 964 295

    13 888 650

1 ODG PROG/Inf (2012)16

2 ODG PROG/Inf (2013)8

3 Council of Europe Activities Database (CEAD) www.dsp.coe.int/CEAD



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