The OSCE Project Co-ordinator on 15 July 2016 launched the first distance course in Ukraine on the application of the case-law of the European Court of Human Rights (ECtHR).

Developed, designed and produced by the OSCE Project Co-ordinator, the course was finalized after it was successfully piloted on the online platform of the National School of Judges of Ukraine (NSJU).

From now the NSJU will have this sustainable tool at its disposal for systematically training judges on applying the case-law of the ECtHR without having to involve extra human or financial resources. Thirty judges from all over Ukraine have already been trained distantly and received their certificates of accomplishment.

The content was developed in co-operation with experts on the European Convention on Human Rights and the case-law of the ECtHR, and Ukrainian judges.

The course was developed as part of the “Safeguarding Human Rights through Courts” project, which is being implemented by the OSCE Project Co-ordinator in Ukraine with the financial support of the Government of Canada.

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Ways to increase the sustainability of social businesses by using social media marketing tools were discussed at a training session organized in Kyiv on 26 July 2016 by the OSCE Project Co-ordinator in Ukraine.

The event gathered representatives of three social businesses that were established with the support of the OSCE Project Co-ordinator in Ukraine so that they can provide job skills for people vulnerable to human trafficking. The social businesses also simultaneously serve as revenue sources for local NGOs working on anti-trafficking.

The training course focused on widespread social networks and ways of using them for increasing social enterprises’ profit, including the best use of social media to attract customers and gain their positive feedback. The participants had a chance to practice their digital skills and communication abilities during the hands-on exercises aimed at producing high-quality content for social networks.

Natalia Myakushko, Head of the Rukomysli Social Enterprise in Lviv, thanked the OSCE Project Co-ordinator for its continuous support. “The innovative idea of social business requires innovative tools for its development and this training helps us to use modern communication channels in an efficient way for the benefit of people vulnerable to human trafficking,” she said.

This is the first of three training sessions which will help social entrepreneurs develop a strategy for interacting with new media.

The training sessions are part of a project on preventing human trafficking in Ukraine through the economic empowerment of vulnerable persons, which is being implemented by the OSCE Project Co-ordinator in co-operation with the Ukrainian Ministry of Social Policy, and with the support from the Canadian Government and Norwegian Ministry of Foreign Affairs.

The project aims at the establishment of and support to social businesses that work to prevent human trafficking by providing beneficiaries with sufficient and sustainable income at home, giving them genuine and viable livelihood options, and therefore decreasing the likelihood of persons taking up deceptive job offers where they may be exploited.  

So far, 52 people at risk of human trafficking, including 14 internally displaced people, two victims of domestic violence and one ex-combatant, as well as six people who were formerly subjected to human trafficking have already benefited from the job skills’ courses within these social businesses.

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The Project Co-ordinator helped to organize the selection process by facilitating the integrity testing of over 500 candidates in 2015, developing the 760-hour training curricula and materials, and supporting four months of training for the selected officers.

“Cyber security is an important area of efforts for the National Police of Ukraine,” said Khatia Dekanoidze, chief of the country’s National Police. “It took us a lot of time to find good people for this job. They had to pass a difficult competitive selection, and the training was delivered not only by local, but also by international experts. And we are grateful to our partners, the OSCE for making this happen.”

Jeffrey Erlich, Senior Project Officer of the OSCE Project Co-ordinator, said: “As Ukraine moves into the new economy, crimes affecting e-governance, e-banking, e-commerce and other highly technological areas are shadowing this progress. This is a threat to people’s human rights, it hurts their economic wellbeing, some perpetrators may even threaten national and international security.”

The OSCE Project Co-ordinator has been building the capacity of Ukrainian law enforcers in their responses to cybercrime since 2011. The Project Co-ordinator has helped to equip a training room with modern equipment in two police education establishments and headquarters, and trained police staff with the support of international practitioners. 

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Reporting objectively from a conflict is never easy. Concerns for your own personal safety and daily scenes of death and destruction mean that journalists can be overcome by personal emotion, while feelings of patriotism and “us against them” can be difficult to extinguish.

The professional ethical dilemmas presented by reporting from a conflict zone are very familiar to Anya, a journalist from the city of Donetsk, who has been covering the conflict in and around Ukraine from the beginning.

“It is difficult to remain objective in such situations,” says Anya, fully aware that journalists across all sides of the conflict face similar professional dilemmas. She was among 200 journalists and media experts from both sides of the line of contact who gathered in Mariupol, a city in the south of the Donetsk region, for the Donbas Media Forum from 9 to 12 June 2016 to discuss her personal and professional experiences of reporting on the conflict.

It was clear during the Forum, which was organized by local NGOs such as the Donetsk Institute of Information and the Donetsk Press Club that tensions among journalists deeply persist. These are partly down to the diametrically opposed political reporting on the conflict by the journalists. Indeed most of the journalists from the Donetsk region, including Anya, preferred to remain anonymous at the Forum.

[node id="250356" preset="medium" align="left" description="Oleksiy Matsuka, journalist, founder of the web-based project ‘News of Donbas’ and organiser of the Donbas Media Forum 2016, talks about difficulties media professionals face in the field, Mariupol, 10 June 2016. (Evgeny Sosnovsky)"]

Best practices on objective reporting

The discussions at the Forum explored ways of enhancing the professionalism of the reporting in ways which can help rekindle trust between communities and counter deliberate misreporting.

One of the tools presented was 'Conflict Sensitive Journalism - Best Practices and Recommendations’, a new manual published by the Officer of the OSCE Project Co-ordinator in Ukraine. Among many other things, the guide offers tips on how to work with vulnerable populations or how to verify facts and illustrates in plain language and through real-life case studies what media professionals need to do in the field in order to enhance their reporting.

“The guidelines aim to both advance the safety of journalists covering the conflict in Ukraine and support the development of conflict-sensitive media coverage”, says OSCE PCU National Project Officer Maryna Bezkorovaina.

Reporting from a conflict zone: Some tips

• No story is worth your life! Journalists need to ensure their personal protection in combat operations zones – preparatory planning in advance of the trip and attending hostile environment and first aid courses are crucial.
• Truth is the first victim in a conflict. Tensions are high and people pick sides. But it is crucial for journalists to stay impartial and to seek the truth – or at least be transparent in a story about the fact that information is hard to verify due to the reporting circumstances. 
• Do not stigmatise or discriminate when writing about displaced persons and other vulnerable groups and do not facilitate political manipulations on the subject.
• Make a person the centre of your story and think about consequences of your reporting.  
• Do not distort reality for the sake of a nice picture and sensational text. Journalists have no justification for twisting facts, inventing non-existent things or using footage that does not reflect reality.

Source: ‘Conflict Sensitive Journalism - Best Practices and Recommendations’, published by the Office of the OSCE Project Co-ordinator in Ukraine (2016)

A threat to peace

Objective reporting from the conflict zone is important, because misreporting and propaganda can inflame tensions. The manual is therefore a product aiming to contribute to efforts to bring peace in Ukraine.

The lack of interest in and the dehumanization of the “other side” can threaten the potential for sustainable peace, says journalist Dejan Anastasijević with the Serbian weekly Vreme. At the Donbas Media Forum, he recalled his experiences as a correspondent on the Yugoslav wars of secession. “Do not make the situation worse by using harsh language against each other.”

The handbook features the results of a study implemented by the OSCE Project Co-ordinator in partnership with the Ukrainian NGOs Telekritika and the Institute of Mass Media, which revealed serious misconceptions among leading editors and prominent Ukrainian journalists regarding the role of the media in times of conflict.

[node id="250361" preset="medium" align="left" description="Dejan Anastasijevic, Serbian journalist from Vreme newspaper states: “Do not make the situation worse by using harsh language against each other,” in a panel discussion at the Forum in Mariupol, 10 June 2016. (Evgeny Sosnovsky)"]

The study highlighted over-generalized reporting, narratives characterised by an 'us' versus 'them' perspective, inflammatory language and dehumanization of the conflict sides. Half of the analysed national online publications reported incomplete information about the conflict, while about a quarter of the material primarily relied on data from social networks. Moreover, the problems and needs of the people living in the areas not controlled by the Ukrainian government received little or no coverage.

“Journalists need to understand that they are not soldiers fighting for a particular side,” says Oleksiy Matsuka, a journalist and founder of the web-based project ‘News of Donbas’. “The manual helps journalists return to the origins and basic rules of their profession.”

The manual was a crucial element of the OSCE Project Co-ordinator’s “Supporting Conflict Sensitive Journalism in Ukraine” project, which is partially funded by the Government of the United Kingdom and the International Media Support (IMS) NGO. The manual draws on the most up-to-date practices based on the highest quality academic research.

The book was also earlier presented in Lviv Media Forum, in western Ukraine, and English, Ukrainian and Russian versions of the book are available on the OSCE website and as an app for iOS and Android devices.

“It is extremely useful for journalists to have a handbook they can easily access whenever and wherever they need it,” says Mariana Seminishin, organizer of the Lviv Media Forum. “The manual provides both life-saving information and guidance that could pave the way for peace in Ukraine.” 

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The event, co-organized with the Parliament and the Ministry of Defence, brought together more than 120 parliamentarians, military and civilian representatives of various ministries, experts, and civil society activists to learn about the basic principles in this area, as well as practical examples from other countries.

During the conference, the OSCE Code of Conduct on Politico-Military Aspects of Security and the OSCE Security Sector Governance and Reform Guidelines were presented. Ukrainian translations of these documents can be found at www.osce.org/fsc/41355  and www.osce.org/uk/secretariat/253156, respectively.

The participants discussed in detail the national models of parliamentary and civic control over the defence sectors of Austria, Bulgaria, Denmark, Germany, and Norway.

“The ability of Parliament, and of society at large, to exercise control over its security services is a true litmus test for democracy and rule of law,” said Jeffrey Erlich, Senior Project Officer at the OSCE Project Co-ordinator’s Office. “Such oversight contributes to a much more effective security sector by rooting out corruption, and by strengthening the bond between society and the armed forces.”

Igor Dolgov, Deputy Minister of Defence, said: “For me there is no question of whether it is possible to simultaneously deal with current crisis and implement reforms in defense sectors, including strengthening mechanisms of democratic control over armed forces. It is needed and it is already happening.”

Until the end of the year, the OSCE Project Co-ordinator will provide expertise in developing a concept paper and implementation plan for democratic oversight; assist in promoting dialogue between the military, parliamentarians, experts and civic activists; and contribute to raising awareness among the public by publishing relevant online resources.  Further assistance efforts will continue after 2016.

In partnering with the Geneva Centre for the Democratic Control of the Armed Forces (DCAF), the project will also draw on their expertise.

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Twenty-five lecturers from law faculties at fifteen universities from around Ukraine, during a roundtable discussion supported by the OSCE Project Co-ordinator on 13 July 2016 in Kyiv, developed recommendations on teaching human rights within Master of Law university programmes.

The discussions focused on teaching the European Convention on Human Rights and the case-law of the European Court of Human Rights (ECtHR), with international experts from the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, the Union University and the ECtHR highlighting ways of ensuring a human rights-based approach to legal education.

Participants exchanged syllabi, research materials and teaching methodologies and agreed to set up a platform to further develop the human rights law curricula. This community of practice will function on a permanent basis with further support from the OSCE Project Co-ordinator and with the participation of leading Ukrainian law schools.

The roundtable discussion was held as part of the Second Annual Inter-University Human Rights School on 11-15 July 2016, which was organized by the OSCE Project Co-ordinator in Ukraine in co-operation with the Lviv and Kyiv Universities.

The School was held as part of the OSCE Project Co-ordinator’s project on safeguarding Human Rights through the courts. The project is being implemented with the financial support of the Government of Canada, and follows on from the First Annual Inter-University School dedicated to the Right to Life held in 2015.

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Thirty experts were trained to deliver specialized training courses for judges on how to review corruption–related disputes and prevent corruption in the judiciary during a two-day session, organized by the OSCE Project Co-ordinator in Ukraine and the National School of Judges on 5-6 July 2016 outside Kyiv.

The trainees, judges-lecturers of five regional branches of the School, enhanced their knowledge of anti-corruption legislation, including national regulations and relevant international conventions, major aspects of judges’ ethics, including the identification and prevention of real and potential conflicts of interest, and judicial review of corruption-related disputes. The purpose of the session was to create a pool of experts able to deliver training courses for their peers at the National School of Judges on a regular basis.

According to the Judicial Education Concept adopted by the School, the training methodology was based on interactive techniques and included discussions, case studies, mini-lectures, various exercises and role plays, and screenings of short simulation videos on the topic.

To ensure the sustainability of OSCE efforts, the training course on anti-corruption will be submitted for institutionalization at the National School of Judges by the end of the year. This course will form part of the School’s mandatory curriculum for every judge appointed to the post.

The training session was part of a project by the OSCE Project Co-ordinator in Ukraine to enhance the quality of judicial education and training.

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The Dniester River delta, located on the territories of both Ukraine and Moldova, is a powerful, complex and fragile ecosystem with invaluable biodiversity. However, it poses a risk of extreme flooding as well as water scarcity for people.

“Following days of extremely heavy rains in July 2008, a severe flood hit the Dniester River area with devastating consequences for thousands of households and infrastructure in both Ukraine and Moldova,” says Viktoriya Boyko, Head of the Hydrological Forecasts Department of the Ukrainian Hydro-meteorological Centre.“It led to human casualties and huge economic damage in both countries. It was devastating.”

Boyko noted that in a changing climate, floods on the Dniester are expected to become more frequent and more intense. “It is critical that in the future, the disastrous consequences of floods be mitigated.”

[node id="246436" preset="medium" align="left" description="A dry section of the Zastoyniy channel before ecosystem restoration activities were started. (Lower Dniester National Nature Park/Volodymyr Gubanov)"]

Flooding threats

In the past, mainly structural solutions such as the construction of dams were used to mitigate flood risk. Those measures had high financial and environmental costs, and could lead to catastrophe in case of failure.

Today, new ecosystem-based approaches can mitigate floods by spreading water away from populated areas, and by slowing the flood’s volume and speed. “Ecosystem-based approaches to mitigating the risks of floods and water deficits have huge untapped potential for application in the Dniester river basin,” says Alexei Andreev, Head of the BIOTICA Ecological Society. “There is a clear need to learn more about their use,”

[node id="246446" preset="medium" align="right" description="Channel Zastoyniy after it was cleaned from silt and vegetation in April 2016. Small islands created along the channel for birds and other animals to use as shelter during flooding. (Lower Dniester National Nature Park/Nikolay Stepanok)"]

OSCE engagement

In spring 2016, the Office of the Co-ordinator of OSCE Economic and Environmental Activities (OCEEA) with the support of the OSCE Project Co-ordinator in Ukraine, and funding from the Austrian Development Cooperation, the European Union’s Instrument for Stability and the Government of Switzerland, conducted a pilot restoration project of a small watercourse connecting the Dniester floodplain and the main course of the Dniester delta in the Lower Dniester National Nature Park.

Leonid Kalashnyk, OCEEA Environmental Programme Officer, says that the restoration included clearing silt and vegetation from the Zastoyniy Channel, forming islets for birds and other animals along the channel. “We created a small shallow reservoir, and moved three cables that had crossed the channel and obstructed the water flow.”

Vladimir Gubanov, the park’s deputy science director, says that the restoration has certainly had a positive impact on biodiversity conservation including fish resources, flood mitigation and fire risk reduction. “Results will be further monitored and used for restoration activities in the Dniester delta.”

[node id="246451" preset="medium" align="right" description="A Great White Pelican flock flying above the Zastoyniy channel. (Lower Dniester National Nature Park/Nikolay Stepanok)"]

Co-operation saves lives

Even though these restoration activities are conducted in Ukraine, the effect is also felt across the border in Moldova. “The results of, and lessons learned from these restoration activities have also been shared with experts and relevant authorities in Moldova. This will contribute to the joint efforts undertaken by Moldova and Ukraine, including environmental NGOs from each country, to address the risks of flooding and drought in the Dniester Basin,” says Andreev.

Gubanov says that the improvement of fish nurseries in Ukraine increases fish populations in Moldova and supports animal migration within both countries. “Our experience within the project could be applied in the Moldovan part of the Lower Dniester. We are ready to share the know-how.”

“The project’s long-term effects aim at increasing trans-boundary co-operation by sharing knowledge and expertise among regional and international stakeholders in the Lower Dniester area, notes Kalashnyk. “The pilot project in the Lower Dniester Delta is an important step towards restoring the ecosystem thereby reducing the risk of catastrophic flooding. Prevention is key.”

“During Soviet times we tried to control nature, rather than mitigate the effects of this natural phenomenon on people,” says Gubanov. “Now, we are working on correcting these mistakes and we seem to be on the right path.”

These flood mitigation activities are part of a multi-year effort under the Environment and Security Initiative (ENVSEC), which has also included facilitating the signing of the Dniester Basin bilateral Treaty, developing and endorsing a trans-boundary Strategic Framework of Adaptation to Climate Change in the Dniester River Basin, and implementing a range of monitoring and flood mitigation measures in the basin.

The OSCE, UNDP, UNEP, UNECE AND REC have joined forces in the ENVSEC Initiative to help transform environmental risks into opportunities for co-operation in Central Asia, Eastern Europe, the South Caucasus and South Eastern Europe.

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The OSCE Project Co-ordinator in Ukraine and the Supreme Court of Ukraine organized on 10 June 2016 in Kyiv a joint roundtable discussion on protection of property in times of conflict, bringing together over 60 representatives of Ukrainian legislative and executive powers, leading judicial and law schools, as well as judges and international and local experts.

The participants discussed the guarantees of exercising the right to property and the mechanisms of its protection under special circumstances, such as armed conflict, occupation, annexation of territories and anti-terrorist operations. They identified mechanisms of protection, which would be efficient in terms of practical implementation and useful for judicial practice, and produced recommendations to keep up with international standards in this field.

The participants shared visions about international standards and the European Court of Human Rights (ECtHR) case law regarding the protection of the right to peaceful enjoyment of possessions, and reviewed the experience of other states which faced similar circumstances, such as Bosnia and Herzegovina, Croatia, Georgia and Moldova. They also discussed problems of the judicial settlement of disputes related to the protection of property rights of individuals and legal entities in the conflict zone.

The event is part of the OSCE Project Co-ordinator’s project on safeguarding human rights through courts, which is implemented with financial support from the Government of Canada. The project also addresses the problem of property rights protection through development and piloting specialized courses for judges on the application of the ECtHR case law in the context of Article 1 of Protocol 1 to the European Convention on Human Rights.

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Equal access to justice for women and men was the focus of an OSCE-supported forum on 9 June 2016 in Kyiv, which brought together over 80 representatives of the national justice system, legislative and executive authorities, the Ombudsman Office, regional and international organizations and NGOs.

The OSCE Project Co-ordinator in Ukraine organized the forum jointly with USAID’s Fair Justice project and the National Judicial Institute of Canada.

The participants discussed common barriers to access of women and men to justice, such as discriminatory laws, social and cultural patterns, gender bias in the justice system and lack of financial and other resources, and outlined the measures needed to gather gender- disaggregated statistical data in the judiciary. They also exchanged experiences and presented good practices for promoting equal access of women and men to justice and enhancing networking and partnerships among judiciary and civil society, and developed recommendations for improving gender mainstreaming in judicial reform.

During the forum, the OSCE Project Co-ordinator presented its new publication ‘Gender in Justice’, which provides recommendations for judges and lawyers on the implementation of gender equality in their work. The publication is based on the findings of a survey conducted among 400 judges and lawyers designed to uncover existing behavioural prejudices in their professional environment.

The event was organized as part of the OSCE Project Co-ordinator’s project on  safeguarding human rights through courts, implemented with financial support from the Government of Canada. 

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