Parallel Report
Prepared by the Foundation for Research and Support
of the Indigenous Peoples of Crimea
About the situation in Crimea (Ukraine)
Undertaken in accordance with the article 25^th of the Framework
Convention for the Protection of National Minorities
Of Council of Europe

Preliminary note

1.	The appearance of this report and the usage of standards and procedures on National Minorities under the Framework Convention doesn't mean that Crimean Tatar People agree with their identification as a National Minority.
2.	Crimean Tatar People consequently regards itself as an Indigenous People of Crimea. The reason why this application contains the term “national minority” is predetermined with the terms and procedures accepted by the CoE for the consideration of the problems of the Human Rights in the sphere of the national, ethnic and racial freedoms and equality.
3.	The institution responsible for the facts and comments in this report is the Foundation for the Research and Support of the Indigenous Peoples of Crimea, which is the non-commercial and non-profitable local NGO of Crimea.

PART ONE
GENERAL INFORMATION

4.	Ukraine is the largest European State with complicated ethnic and political history and a wide variety of political, economic, social and cultural conditions in different regions. The generalized information can not always provide with real facts on observance of human rights in a separate regions concerning a certain national or ethnic groups. Namely, it is going toward such specific region of Ukraine as Crimea and, particularly, in connection with Crimean Tatars, who are the Indigenous People of Crimea.
5.	Ukraine is the largest European State with complicated ethnic and political history and a wide variety of political, economic, social and cultural conditions in different regions. The generalized information can not always provide with real facts on observance of human rights in a separate regions concerning a certain national or ethnic groups. Namely, it is going toward such specific region of Ukraine as Crimea and, particularly, in connection with Crimean Tatars, who are the Indigenous People of Crimea.
6.	Nevertheless the facts included in this report were submitted from different sources. Partially they are found through an expert analyses, partially they are presented by the specialists, partially they are searched by International Agencies through the sociologic pools (the most important is Social Assessment of the Formerly Deported Population in the Autonomous Republic of Crimea: A Participatory Rapid Appraisal by UNHCR, Regional Bureau for Europe, European Series, Volume 4, No l, April 1998.), partially these facts were identified through personal practice. Anyway if it is necessary all these facts may be proved with the documents or evidences in Crimea.
7.	The situation is described as existed on May 1, 1999.

THE CRIMEA

8.	The Autonomous Republic of Crimea is located on Crimean peninsula (the northern coastline of Black Sea) and occupies a whole territory except the city of Sevastopol.
9.	The Autonomous Republic of Crimea - is a specific region of Ukraine, which since 1991 has become different from others by its status, so – called territorial autonomy, while other regions - are ordinary territorial units. There is its own representative institution - Supreme Council of Autonomous Republic of Crime and its regional government – Council of Ministers of Crimea. The Autonomous Republic of Crimea has its own Constitution in accordance with the Constitution of Ukraine. In 1996 the population of Crimea constituted about 2.69 mln. persons.
10.	Despite that the autonomy is legally considered territorial one, in fact it is the autonomy of Russian majority of the Crimean population though (1,5 mln. persons or 64 % of the population). Russian population of the Crimea consists mainly of the settlers brought in after the deportation of the Indigenous People - Crimean Tatars by the Government of the former USSR in 1944.
11.	Another large strata of the population are Ukrainians - (0,6 mln. persons or 23 per cent of the population). The third part are Crimean Tatars, who in period of so - called Perestroyka, at last, received the opportunity to return home from the cites of deportation, where they were forcibly deported by Stalin regime in 1944 (mainly to Central Asia).Currently, Crimean Tatars constitute 0,27 mln. persons or 12 % of the population.
12.	The central Government of Ukraine, on the whole, controls a situation in Crimea. However, mainly regional authorities determine the position of Crimean Tatars. The Government of Ukraine practically does not interfere in assertion of the principles of racial, national or ethnic equality towards Crimean Tatar People.

CRIMEAN TATARS

13.	Crimean Tatar People is a fusion of; 1) ancient and aboriginal tribes of Crimea (Tavrs, Scythians, Sarmatians) that had been populating the peninsula as long as B. C.; 2) some alien European ethnic groups (Goths, anchient Greeks, Genoeses) had been settling here during the I-XIV centuries; and 3) Turkic origin tribes of the Northern Trans-Black Sea Region (Bulgars, Hazars, Pechenegs, Kumans) who had mingled with a forming composition of the people in the first century AD and comprised some mixture of emigrants from Central Asia brought there by Huns and later through Chingis-Khan's (Mongols) invasion. The evidence of autochtonousity of Crimean Tatars is proofed both by their anthropology, mainly European, and culture, organically harmonizing with general traditions of Mediterranean and Middle East's cultural heritage.
14.	"So they are (a)descent from the populations which from time immemorial inhabited certain geographical regions of Ukraine in its present state boundaries; (b) preserving cultural, linguistic, religious group identity different from the identity both of the dominant nation and national minorities in Ukraine, and desire to maintain and develop such identity; (c) existence of own historical traditions, social institutions, self-government systems and bodies; (d) non-existence of the ethnically congener national state or homeland beyond Ukraine's boundaries.
15.	According to this definition, the Crimean Tatars are the only indigenous people in Ukraine". (Bill Bowring, "The rights of Indigenous Peoples: international perspectives", Migration Issues – Ukrainian Analytical – Informative Journal # 2, 1998, page 30)
16.	The Crimean Tatars, whose population by the end of XVII century had constituted 1,5-2 mln. people, were a sovereign nation in the Medieval Europe. Their National State - Crimean Khanate was the Southern neighbor of Ukraine. The Crimean Khanate's territory included not only Crimean peninsula but also almost the whole Northern coastline of the Black Sea assumable expanded up to Kishenyov - Zaporozhye - Donetsk - on the North, and to Don River on the East.
17.	Crimean Khanate was a sovereign state, which had been in political and military alliance with Ottoman Empire (it might remind relations between Scotland and England till XVII century). It had independently conducted both internal and foreign affairs. In particular, relations with Ukrainian Cossacks Republic - Zaporozhskaya Sich (Cossack Host) - are mentioned as an armed collisions and frontier clashes so decades – long military and trade alliances.
18.	The independence of Ukraine was completely demolished since Pereyaslavskaya Rada was established in 1654, when Russian Empire taking advantage of the political and military agreement with Bogdan Khmeinitski, Hetman of Ukraine, step by step occupied and abolished Zaporozhskay Sich (Cossack Host).
19.	129 years later Crimean Tatar Khanate had lost its sovereignty. Under the Peaceful Treaty which was concluded in Kuchuk - Kaynardzhi, after one of the Russian - Turkish Wars, Crimean Khanate allied with Ottoman Empire, but at the same time its independence was guaranteed both by Turkey and Russia. In 1783 having occupied the territory of Crimean Khanate, the Russian Empire broke off the Treaty and declared Crimea to be a part of the Russian Empire. Thus, Russian annexation of the Crimea was realized.
20.	Prior to the Russian annexation, Crimean Tatar people had already been existing as an ethnic and political identity with its linguistic peculiarities, specific life style and social structure based on the centuries - of old cultural and political institutions of its ancestors.
21.	Repression and annihilation of some stratas of Tatars' population, partial displacements and deportations, expropriation of the land and property and other forms of the colonial oppressions resulted in the fact that by 1921 the population of the Crimean Tatars residing on their homeland had decreased to 150 thousand turning the people into minority (25 % of total Crimean population). At that moment about 50 % of whole population constituted Russian colonists and 25% - Germans, Greeks, Checks, Estonians, Poles, Bulgarians, etc. brought here by the Tsar's government from the countries of the West Europe. Along with it, the Crimean Tatars residing outside of the Crimean peninsula were a subject to genocide. Those, who survived, moved to the present–day Romania and Turkey. As a result, by the beginning of the 20th century the Crimean Tatar population might be found only on the Crimean peninsula.
22.	After the collapse of the Tsar regime in February, 1917, the National Crimean Tatar Congress (Kurultay) was convened. The Crimean Tatar leadership made an attempt to restore national statehood through declaring People's Democratic Republic of Crimea. In 1918 by the invasion from the base of Russian Black Sea Fleet in Sevastopol, which had been controlled by the Bolsheviks of Russia, almost all leaders of the national movement were killed, and one more time Crimean Tatar people underwent mass terror.
23.	During the Civil War in Russia there were different regimes, including German and Vrangel troops' occupations, in Crimea. In 1921 Communists completely won the Civil War. Taking into account sustained resistance of the underground national – liberal movement, Soviet authorities tried to compromise with Crimean Tatar People, strongly intending to restore its national statehood. On October 18, 1921 the Council of People Commissars of Russia had adopted Decree about establishment of the Soviet Socialistic Republic of Crimea. Crimean Tatar and Russian languages were declared to be State languages in the Republic. Thus, the Crimean Tatar National Autonomy, within the Soviet Federative Socialistic Republic of Russia, later the USSR, was legalized.
24.	Nevertheless, the Central Soviet Government was adamant to annihilate Crimean Tatar People totally. As a prologue to the intention the Crimea had been forcibly settled with Russian settlers brought in from the different oblasts (regions) of Russia and the leadership of the Autonomous Soviet Socialistic Republic of Crimea, being accused of anti-soviet propaganda and nationalism, had been severely murdered for several times.
25.	Another available reason for the ethnic cleancing of Crimea was committed during the World War II. After German troops were mainly defeated on the territory of Crimea by Soviet Army, a secret Decree titled “About Crimea Tatars” was adopted by State Committee of War of the USSR on May 11, 1944. Crimean Tatars were accused of collaboration with Nazi troops and sentenced to en masse deportation to the distant sites of Russia and Middle Asia. On May 18, 1944 the whole people was exiled within 24 hours by military units of the USSR. As the male population was recruited for military service in the Soviet Army it was mainly kids, women and old persons who had suffered from the deportation. The exile of 1944, committed by Soviet Government, had separated the indigenous people from their historical motherland for more than 50 years. Moreover, 46% of the Crimean Tatar people died during the first years of the deportation. From 1944 till 1956, all of the those who had pulled through, were detained in special confinement settlements, where living conditions were close to those in the concentration Camps.
26.	Thereupon in 1946 Soviet government, notably the Supreme Council of the USSR legally abolished the Autonomous Soviet Socialistic Republic of Crimea, which had been converted into ordinary administrative unit - Crimean Oblast (region). At the same period the Criminal Code was modified by adding a provision that escape from the places of the exile was punished with the 25 years of the hard labor.
27.	In 1954 by the Decision of the Presidium of the Supreme Council of USSR the Crimean Oblast was moved out of the jurisdiction of Russian Soviet Federative Socialistic Republic and transferred to the Ukrainian Soviet Socialist Republic as its administrative unit.
28.	Legal procedure was as follows. On the 5^th of February, 1954 the Presidium of the Supreme Council of the Russian Soviet Federative Socialist Republic had made a decision to transfer the Crimean Oblast to Ukrainian SSR. On the 19^th of February, 1954 the Presidium of the Supreme Council of the Ukrainian Soviet Socialist Republic adopted that proposal of the Russia by its own Decision using the following words: "Presidium of the Supreme Council of Ukrainian SSR expresses cordial acknowledgement of thanks to the Presidium of the Supreme Council of Russian Soviet Federative Socialist Republic for this magnanimous noble act of the brotherly Russian People.
29.	Ukrainian People imbued with the feeling of satisfaction and gratitude will meet the decision about the transfer of Crimea into the composition of the Ukrainian SSR as a new bright manifestation of the endless confidence and sincere love of the Russian People to Ukrainian People, a new evidence of the indissoluble brotherly friendship between Russian and Ukrainian peoples". On 19^th of February, 1954 the Presidium of the Supreme Council of the USSR approved this transfer through its own Resolution.
30.	In order to understand and evaluate this act it is essential to pay attention to the fact that Crimean Tatar People in this period was totally detained far away from Crimea in the concentration camps in Russia and Central Asian republics of the USSR. And this detention had been lasted till 1956. However, even after the abolition of the concentration camps, the Crimean Tatars were strictly prohibited to return to Crimea. Ukrainian authorities of that time played an important role in preventing the repatriation of the deportees.
31.	At that time Soviet authorities had actively continued its policy of resettlement of Crimea by the ethnic Russians from the inner sites of Russia. It was 370 thousand persons in Crimea after the World War II and the deportation, whereas in 1990 (by the moment of mass repatriation of Crimean Tatars to their Motherland) the population of Crimea had grown up to 2.5 mln. persons. Only from 1967 – 1987 about 1.5 mln. persons were driven to Crimea. Thus, 90% of the Crimean population are the settlers brought in here after the deportation or their children. Through out the time the Soviet Government, in particular, the top Communist party leadership, suppressed all the endeavors of Crimean Tatars to come back to Motherland. Tens of thousand of families, trying to return to Crimea, were repeatedly evicted, thousands were accused of violation of the residence regulations and thrown into prisons or mental hospitals. Hundreds were accused of anti soviet propaganda and incarcerated for many years.
32.	Since in 1954 the Crimean peninsula was brought under Ukrainian jurisdiction Ukraine has been responsible for such a kind of violations. Despite that Ukraine was one the founders of the UN, and ratified the International Charter on Human Rights, its law enforcement agencies and courts were primarily involved in the post-deportation discrimination. The repression had been carried out on the base of legislation and administrative practice of the Soviet Socialistic Republic of Ukraine. The recent Crimean Tatar hearings on violation of the residence regulation had been handled in 1982-1983. The Criminal cases brought against squatting by the repatriates had been considered in courts in 1992. In 1990 – 1992 local authorities destroyed newly constructed Crimean Tatar settlements.
33.	Present-day Ukraine legally declared to be a successor of the USSR and Soviet Socialist Republic of Ukraine what was particularly manifested in considering the transmission and possession of the territory of Crimea as a legally based act which was realized in the time of the USSR and in accordance to its legislation. At the same Ukraine has been evading responsibility for being privy to the restriction of Crimean Tatar repatriation to Motherland, as well as violations toward many persons, that contradicts to its International obligations. Moreover Ukraine - as a successor of the USSR - avoids responsibility for the restoration rights of Crimean Tatar People, brutally violated by the deportation of 1944.
34.	In the period, preceding to its independence - 1990 - 1991 – Ukraine had carried out some legal measures aimed at the elimination of the very possibility to restore rights of Crimean Tatar People who returned to their historical motherland.
35.	In the period of Glasnost (Openness) and Perestroyka, the Soviet Government failed to apply direct repression against Crimean Tatars returning to their Motherland. By 1990 the number of Crimean Tatars, who had returned from the sites of deportation to Crimea (Ural, Uzbekistan, Tadzhikistan, Kazakhstan, and Kirgizstan) had reached 40 thousand persons. In political respect Crimean Tatars demanded the restoration of the Autonomous Socialistic Republic of Crimea as a national and territorial Autonomy of Crimean Tatar People. If all the deported Crimean Tatars could return to Crimea they would have constituted about 20% of whole population, so it would be equated to the percentage of 1921. Moreover, at first in the USSR, now in Russia there are many national autonomies of those peoples who are in the minority on their own motherland (Bashkirs, Udmurts, Komi, Hakasians and so on).
36.	Thus, the claims were not ungrounded. However the Ukrainian leadership conducted the Referendum among the Russian - speaking population (January of 1991) concerning the Status of Crimea and approved its outcomes. Afterwards, some corresponding amendments were brought into the Constitution of Ukraine, so that the Republic of Crimea was established, as a supposedly territorial Autonomy. But in fact it became the Autonomy for the Russian speaking settlers, deliberately brought in Crimea to prevent the repatriation of Crimean Tatars. Crimean Tatars boycotted the referendum and opposed its results. However, Ukrainian Government ignored the protests, after all. By doing so the top leadership of Ukraine laid a ground for the local authorities to act against Crimean Tatars, about what the facts will be given below.
37.	At the end of 1998 the President and Parliament of Ukraine approved the Constitution of the Autonomous Republic of Crimea, drafted by Verkhovna Rada (the Parliament) of Autonomous Republic of Crimea without participation of Crimean Tatars and inspite of their protest campaign. Since the moment the issue of legal restoration of the Crimean Tatars' rights had appeared in question, so as any Ukrainian law concerning the Crimea has to be brought into line with its approved Constitution. Crimean authorities, representing the Russian-speaking majority, have earned a carte blanche for first-law and forcible assimilation of Crimean Tatar people.
38.	The Law on National Minorities of Ukraine is absolutely not enough to guarantee the realization of the Human Rights of Crimean Tatar people because it define only some cultural and linguistic rights but not political, economic and social ones. On the other hand this law provides the rights of the minorities who are the majorities in any region in fact. Crimean Tatars are practically in minority in all administrative districts of their Motherland, in the smallest ones. However the Government doesn't want to consider the situation and undertake an adequate measures.
39.	The legal ways for this policy now are:
40.	the announcement the Crimean Autonomous Republic so called territorial autonomy populated by so called Crimeans whose will constitutes the source of the legislative and administrative power in Crimea. Crimeans really means Russians –speaking settlers who occupied the territory of Crimean in absence of the Crimean Tatars and now constitute 64 % of population;
41.	the establishment of only two official language in Crimean Autonomous republic Ukrainian and Russian. The usage of other languages in public life is allowed only if a certain national group is in majority. However, the Government knows that Crimean Tatars practically are in minority everywhere in Crimea. Before the deportation of 1944 Crimean Tatar language was one of the State languages in Crimean Autonomous Soviet Socialist Republic (another one was Russian). But Government prevents to restore that practice;
42.	the establishment of the simple major system in elections, what allows the Russian majority to prevent the appearance of the winners among the Crimean Tatars candidates even in the districts where Crimean Tatars are represented in a major section of the voters. For the comparison, before the deportation of the Crimean Tatars constituted about 1/3 of Crimean Supreme Council members;
43.	the preservations against the amendment of Crimean Constitution which means that any measures to restore or to promote the Human Rights of Crimean Tatar People will be prevented by the Crimean regional Parliament because it will affect the interests of Russian majority in this parliament.
44.	Now formally Ukrainian Government has lost a possibility to do something because it is not in accordance with the Crimean Constitution, which shouldn't be changed.

PART TWO
Article by article information

Article 1

The protection of national minorities and of the rights and freedoms of persons belonging to those minorities forms an integral part of the international protection of human rights, and as such falls within the scope of international co-operation.

Lack of Legal Protection

46.	In accordance with the Constitution of Ukraine all international agreements ratified by Ukrainian Parliament are considered as a part of National legislation. So, none of the International mechanisms or standards has a priority over the internal legislative acts. At this juncture, the governmental institutions and officials preferably use the Ukrainian law particularly in the problematic situations. There is no procedure when a private person can make the Government or any official implement an international agreement of Ukraine. Only MPs and some high officials have a right to call for the interpretation of the law in those cases to the Constitutional Court of Ukraine. Generally, a private person has no right to apply to the Constitutional Court to protect his rights violated by authorities. It is only an individual or NGO may ask for an explanation of the law and only if there are two or more administrative bodies have some contradictions in their practice one which other concerning the interests of the applicant. If they are consistent in their practice even if it is in obvious contradiction to the law a private person has no legal possibility to apply to the Constitutional Court.
47.	Another problem is that there is no legal subject, which has a right to call upon to the court on behalf of any national or ethnic group. So these rights which formally recognized for these groups (for instance enjoying of the national celebrations or holidays or the studying the Mother tongue in the State universities or the protection of the environment) can not be protected through the court procedures in the case of violation. The Law on National Minorities contains the term “National Public Associations” as a representative of any minority (articles 13: 14). But the Law on the Associations of the Citizens does not have this definition or term. It means, that de - jure there are no National Public Associations in Ukraine. Those NGOs, which promote the culture of the National Groups legally cannot represent any National group particularly if there are more than one NGO. Those members of any National Group who are not at the same time the members of any NGO have no influence to them. Thus the realization of the national rights and freedoms is depended on the view of the authorities and is not under the court protection.
48.	Finally only the citizens of Ukraine shall be considered as a National Minority in accordance with the article 3 of the Law on National Minorities. Those national groups or the parts of the national groups who don't have Ukrainian citizenship are excluded from the consideration totally.
49.	Although the Criminal Code of Ukraine has article 66 fixing the responsibility for the violation of the equal rights of the citizens on the base of their racial, national belonging or the attitude to the religion, no one case had taken place on the complains of Crimean Tatars against the Crimean officials.
50.	The prosecutor avoids using this provision of the Criminal Code even under a very obvious circumstances, otherwise, existence of the precedents related to the racial, ethnic or national discrimination in Ukraine would be officially recognized. However even from the very formal point of view this provision concerns only the citizens. This law does not protect those members of the national groups who are not the citizens of Ukraine.

Article 2

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

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

Article 3

I. Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice.
2. Persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others.

Undermining of Ethnic Self-Identification

58.	For Crimean Tatars during the decades after the deportation thus were prohibited to call themselves by their native name of the people. "Crimean Tatars" didn't exist officially in the USSR.
59.	At first, legal status of Crimean Tatars was determined "special settlers" afterwards the Soviet legislation repudiated and ignored the existence of Crimean Tatar people in fact. For instance, when taking population census Crimean Tatar were registered as "Tatar", i.e. were identified to other Turkic origin peoples populating Volga region and Siberia.
60.	The law of Ukraine and new Ukrainian passports don't determine national belonging of the citizen. But for Crimean Tatars this is a new negative impact on their national identity, dignity and self-respect.
61.	Formally Government declares that it undertook very progressive measure excluding the note about the ethnic belonging from the official documents.
62.	The governmental officials for their own purposes have the information about the ethnic belonging of any concerned person or a group which can be identified by names, surnames etc. But formally they can refuse to present any data concerning the real situation of the different national groups referring to this point.
63.	The Committee on Economic, Social and Cultural Rights of UNO in its Conclusion observations on December 28^th, 1995 tried to turn the attention of the Ukrainian Government to this fact: “The Committee calls attention to the difficulties experienced by members of minority groups, including Crimean Tatars, which were deported decades earlier and are now returning to resettle in Ukraine, on the land of their ancestors. In particular, the Committee is concerned that the consequent exclusion of such persons from certain social indicators, such as those about employment and poverty, may deprive them of the full enjoyment of their economic, social and cultural rights. In this connection, it recalls the provisions of article 2, which states that the rights enunciated in the Covenant must be exercised without discrimination of any kind, inter alia, as to national or social origin." (See (UNO Doc.: E/C.12/1995/15, 15). However, the Ukrainian Government failure to take into account this note and still continues to keep silence about the real situation with the observation of Human Rights of Crimean Tatars.
64.	Crimean Tatars expect that their ethnic belonging should be included into official notes to the documents as an optional opportunity for the person who desires to by his own accord.

Legal Status of Crimean Tatars

65.	In order to look for the international standards which Ukrainian Government must take into consideration for the solution of this problem we need to pay attention to;
66.	Crimean Tatars are not simply ethnic group or national minority, but the entire people so far as all elements of the definition are characteristic to its which were appeared during discussion of the definition by United Nation. a) the term people means a social identity, possessing a well-defined individuality and which has their own characteristics; b) it proposes a contact with any territory, if even the present people was unjustly exiled from it or was artificially substituted by other population (as it was directly made with Crimean Tatars). c) it should not confuse the people with ethnic, religious or linguistic minorities, which existence and rights are recognized by Article 27 of International Pact on Civil and Political Rights (UNO Doc.: E/CN.4/Sub.2/404/Rev.1, 279).
67.	UNESCO experts on the furthest search of the human rights gave one of the last and most detailed definitions of the people on February 1990, in Paris.
68.	“People regarding as people, possessing the rights, in accordance with the international law, including the right of self-determination is to correspond to the definitions: a) general historical tradition; b) racial or ethnic identity; c) cultural homogeneity; d) linguistic unity; e) general economical life.
69.	The group is to consist of some number of individuals, which is not bound must be large (example, people of micro-states), but it is to be larger, than simply association of individuals within a state.
70.	Group, as a whole is to have a will to be identified as a people, or who has a home consent for existence as a people, admitting, that can be the groups or members of those, who possess these characteristics, but they can not have an appropriate will to it.
71.	Probably, the group is to have institutions or other means of expression its general characteristics and a will to identity”.
72.	Crimean Tatars correspond to all characteristics, which were given above.
73.	As a result of the Russian's Empire centuries-old aspiration by the way of repression, deportation and other violence to destroy or at least to assimilate Crimean Tatars, afterwards Soviet Union policy of genocide they have been turned into insignificant minority in their own historical, native land, but they did not become and feel themselves as a minority in juridical international meaning. Currently, only one of the characteristics is lacked to Crimean Tatar People- this is a common economical life. But, it is understandable that, after deportation and settling on a territory of some republics, and now in the hardest period of repatriation, such community was artificially demolished, and it could not be restored in a short time.
74.	Currently, the legal status of the Crimean Tatars is not defined in Ukraine, and in this connection, they are officially considered, namely as "national minority", and their status is equated to diasporas of other peoples, living in Ukraine and who have their historical homeland, and often kin – state outside. Interesting fact is that majority of Crimean Tatars is not even the "national minority" in Ukraine because that the status refers only to the citizens and more then half of Crimean Tatar community is not the citizens of Ukraine. Crimean Tatars have no statehood through which they would be able to promote their interests in Ukraine through the external protection and bilateral agreements because the own State of Crimean Tatars Crimean Khanate doesn't exist now and whose territory is under complete jurisdiction of Ukraine.
75.	Nevertheless, the Crimean Tatar People not only kept many customs: spoken language, but also are restoring actively by their own efforts, without support, and usually with opposition of the local authorities, basic social and cultural institutions, including the most important of them - Kurultay of Crimean Tatar People (National Congress) and Mejlis of Crimean Tatar People (National Assembly).
76.	Thus, the Crimean Tatars are classic example of the entire People on the territory of the independent state of Ukraine.
77.	Present ethnic and demographic composition of Crimean population produces the situation where post migrants and settlers prevail in all areas of public life and are totally controlling local administration and regional parliament.

Problem of Re-Establishment

78.	Crimean Tatars are deported people. "The formerly deported peoples - these are the peoples which in the Soviet period were deported from their historical Motherland" (UNO Doc.: CISCONF/1996/6, Appendix 2, 9). See as well the article 7, para. 1 (d), para. 2 (d) of Rome Statute of the International Criminal Court (UNO Doc.; A/CONF. 183/9).
79.	So we have a situation where the Ukrainian State is carrying out the policy which should be overviewed through the standards of articles 2, 4, 6, 8, 9, 10 of the Draft of the Declaration on the Population Transfer and Implantation of the Settlers, (UNO Doc.; E/CN.4/Sub.2/1997/23, Appendix II).
80.	Ukrainian Government uses two approaches to avoid solving this problem. The first one is to try to keep the silence and to escape its responsibility for the restoration of the rights of the Crimean Tatars as a people. The second one is to propose those kinds of legal measures, which are not in accordance with the international obligations on Human Rights or even with the Constitution and Civil Code of Ukraine trying to minimize the responsibility of the State and to use only the decorative measures. For example the last draft of the law of Ukraine about the rehabilitation ensuring of the rights of the members of the Minorities formerly deported from Ukraine is not in accordance with the principle of the complete and equal rights and just restitution.
81.	Formally for taking back of the houses and other possessions confiscated from the Crimean Tatar owners in 1944 it is not required to have the special law. The Civil Code of Ukraine has legal mechanism of the restoration of the ownership in the cases of the illegal confiscation. But the Crimean and Ukrainian courts refuse to consider these cases referring to the absence of the special law. At the same time the property and the land taken off from the Crimean Tatars are transferred to the new-settlers not only to the possession but also to the ownership through the privatization.
82.	Ukrainian Government didn't even pay attention to the fact that Special Reporters on population transfer of the Sub-Commission on the prevention and protection of Minorities Mr. Shaukat AI-Hasawne had pointed out in his report that Crimean Tatars coming back to the country of their ancestors face the occupation of their houses and land by the other immigrants that however doesn't prima facie create the material impossibility for the restitution (UNO Doc.: E/CN/4/Sub/2/1994/18, 96).
83.	So there is the situation when the national group is denied the right of legacy and the right to the land for the advantage of the other ethnic groups as the Russians and Ukrainians.
84.	Ukrainian Parliament will adopt this law then Government will use it in order to deny the necessity to restore the rights of Crimean Tatar People in accordance with the international Human Rights standards (for instance see the Main Principles and Guidelines Relating the Right for the Restitution of the Victims of the Brutal Violations of the Human Rights and Humanitarian Law. (UNO Doc.: E/CN.4/Sub/2/1996/17, Appendix).
85.	For example that Draft doesn't have the provisions about real estate and land restitution, restoration of the official status of Crimean Tatar language in Crimea, the right to political representation and participation, right to restitution confiscated cultural values as well as re - establishment of the educational and scientific institutions, to real participation in privatization, to the recognition of the Institutions of Self - Governments of Crimean Tatars such as Kurultay and Mejlis, to the automatic and free granting of Ukrainian citizenship, to the free choice of the place of the settlement etc. But it has a provision stating the the restoration of the Rights of the deportees shouldn't violate the rights of new-settlers that in the conditions of Crimea means that nothing will be done really due to the absolute domination of new-settlers. The Government having receipted a lot of objections and protest from CT, tries to pass this draft through Parliament aiming only to escape from the criticism and responsibility on the international scene. Practically, there exists in Crimea “institutionalized regime of systematic oppression and domination of one racial group over any other racial group or groups and committed to the intention of maintaining that regime" (See UNO Doc.: A/CONF.183/9, 7 para. 2, h)).
86.	Crimean Tatars as it was shown in the Background have had a long period of the existence as a sovereign nation. Tsar's Russia destroyed their statehood but nevertheless the Crimean Autonomous Soviet Socialist Republic in 1921 - 1944 was established as a national and political autonomy of Crimean Tatar People in the framework of the regime of the USSR. The process of the restoration of Human Rights of the Crimean Tatar People naturally expects to have the problem of legal determination and definition of the status of this people in Ukraine.
87.	The transfer of the Crimean peninsula, native land of Crimean Tatars, was made when Crimean Tatar People was factually held in concentration camps. Thus the importance of this question is growing obviously. The most acceptable is the concept of Indigenous People including the Right for internal Self-Determination, which allows the Ukrainian State to preserve its territorial integrity and at the same time to promote the vital interests of Crimean Tatars. However the right of self determination of Crimean Tatar People was not an object to the Ukraine's attention, in spite of the Mejlis of Crimean Tatar People has insistently and repeatedly tried to draw attention of the President, Parliament and Government of Ukraine to the necessity of legal settlement of a state and a status related issues of Crimean Tatar People in Ukraine.
88.	The Law on National Minorities of Ukraine is absolutely not enough to guarantee the realization of the Human Rights of Crimean Tatar people because it define only some cultural and linguistic rights but not political, economic and social ones. On the other hand this law provides the rights of the minorities who are the majorities in any region in fact. Crimean Tatars are practically in minority in all administrative districts of their Motherland, in the smallest ones. However the Government doesn't want to consider the situation and undertake an adequate measures.

Citizenship Problem

89.	Only the citizens of Ukraine shall be considered a National Minority in accordance with the article 3 of the Law on National Minorities. Those national groups or the parts of the national groups who do not have Ukrainian citizenship are excluded from the consideration totally.
90.	Over a half of the returned Crimean Tatars are not citizens of Ukraine. Thus, Ukraine can make differences, exceptions, restrictions or privileges between citizens and non-citizens of Ukraine. The lack of citizenship by Crimean Tatars was artificially created. The Crimean Tatars were forcibly deported by Stalin's regime in 1944 from Crimea to Uzbekistan and other republics of Central Asia. In April of 1997 the Law "On changes and additions to the Law "On citizenship of Ukraine" was brought in force. In order to obtain citizenship of Ukraine, Crimean Tatars have to reject any citizenship because law of Ukraine prohibits double citizenship.
91.	During the decades when Crimean Tatar have been prohibited to return from the exile to their motherland. Those who returned suffered from repression, committed by the authorities of former Ukrainian Soviet Social Republic. Thus, the lack of citizenship of Ukraine by most part of the Crimean Tatars was created by fault of Government of Ukrainian Soviet Socialistic Republic. However Ukraine considers Crimean Tatars foreigners with all consequences following from it.
92.	Currently over 70.000 Crimean Tatars at the 18 years old and elder have no Ukrainian citizenship. As a rule their children cannot obtain Ukrainian citizenship, that roughly contradicts to the Convention on Children rights.
93.	Those Crimean Tatars are that non-citizens are restricted from: - Employment in a broadly defined civil service (fax department, courts, government, etc.); - There isn't free higher education in state universities for them, it is more expensive, and certain faculties are closed (e.g. law school); - Voting in national and regional elections; - Travel abroad; - Participate in privatization of household plots and enterprises. - Apart from this, according to national legislation a non-citizen can be exiled from country. Thus, all Crimean Tatars who can not obtain Ukrainian citizenship, can potentially be deported from Crimea and Ukraine.
94.	In fact the most part of the Russian population in Crimea have second citizenship from Russia. A lot of representatives of other minorities - Greeks, Bulgarians, immigrants of from Russia also have dual citizenship of country of their origin outside of Ukraine. They obtain the second citizenship without informing state bodies of government, so Ukrainian authorities are not able to control or prevent this process. However Crimean Tatars don't claim to the second citizenship, but the citizenship of Ukraine, because their motherland - Crimea -is located outside of Ukraine. Therefore Crimean Tatars are entirely depended from the position of authorities of Ukraine. Thus, the institute of citizenship is used as restrictive measure mainly toward the Crimean Tatars.
95.	The situation partly had changed since August of 1998 due to the exchange of notes between the Ministries of Foreign Affairs of Ukraine and Uzbekistan. Now till December 31, 1999 those Crimean Tatars who want to give up the Uzbekistan citizenship can do it free of charge and simultaneously apply to Ukrainian authorities for the confirmation of the belonging to the Ukrainian citizenship. However these rules are spread only over the directly-suffered deportees but their wives or husbands of other nationalities. Time limitations are too short. This agreement is practically unknown for those Crimean Tatars are still living in Uzbekistan. Uzbekistan authorities do nothing to promote the information concerning this procedure. It is clear that after December 31^st the Government of Uzbekistan will finish this procedure and Ukrainian Government will not extend it. So, about 50 % of Crimea Tatars, who still have not come back will face the same problems in the nearest feature.
96.	"Citizenship is one example of the difficulties of the Crimean Tatar population in formalizing their situation in Crimea. In interviews with the local Mejlis representatives and in community meetings, citizenship was mentioned as a priority of the population in the contexts of continued employment in government agencies and discrimination.
97.	Other issues mentioned included the necessity of obtaining an autonomous status for the Crimean Tatars, political rehabilitation, limitation of discrimination and harassment, the lack of cash for adequate heating of homes, and appropriate recreational activities for youths". (European Series, Social Assessment of the Formerly Deported Population in the Autonomous Republic of Crimea: A Participatory Rapid Appraisal by UNHCR, Regional Bureau for Europe, European Series, Volume 4, No l, April 1998, p.42).

Article 4

The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.
2. The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.
3. The measures adopted in accordance with paragraph 2 shall not be considered to be an act of discrimination

Political Non and Under-Representation

98.	In electoral campaign of 1994 the Crimean Tatars put forward 22 candidates to the Crimean Parliament by majority districts and 5 candidates to the Parliament of Ukraine. None of Crimean Tatar's candidate has got a position in Crimean Parliament, due to the obstruction of the electors of other national groups, who are in absolute majority in all districts.
99.	Nevertheless in 1994, 14 Crimean Tatars deputies had seats in the Supreme Soviet of Autonomous Republic of the Crimea (the Parliament). All of them were nominated by Kurultay of Crimean Tatar People. The Supreme Council of Crimea in 1993 gave one term quota of 14 Crimean Tatars mandates in Parliament. But this decision was not a result of a good will the Parliament's majority. The quota was received by Crimean Tatars through mass civil protest actions, including blockade of railways in the fall of 1993. A great political tension pushed the local authorities (not Ukrainian Government) toward negotiations. In result, a temporary compromise was reached. Nowadays, this quota was abolished.
100.	However, Ukraine in its forth periodic report on Implementation of the International Covenant on Civil and Political rights submitted to Human Rights Committee on 20 July 1994, under Article 27 (rights of minorities) declared that: "...the equality of rights is not recognized by the Ukrainian authorities in a merely formal and legalistic fashion. When these rights are being implemented account is taken of the actual situation and the real position of a particular national minority. For instance, the process of return and rehabilitation of the Crimean Tatar people requires special attention and a special policy from the State, including a policy on organizing State power and making it effective. As a result under the Constitution of the Autonomous republic of the Crimea the Crimean Tatar People obtained a separate quota in its Supreme Council”. (UNO Doc.: CCPR/C/95/Add.2, 223) It is not in accordance with reality, because neither previous Constitution of Crimea, nor present one provides any representation of Crimean Tatars.
101.	In January of 1995 a Deputy group of Crimean Tatars in Crimean parliament which was existing that time only due to the quota (that was by positive way noted in the Conclusion Observations of the Committee on Economic, Social and Cultural Rights of UNO at the 28th of December of 1995) had achieved the agreement with other factions about the procedure of the elections of local self-government in Crimea. The principle was that Crimean Tatars and other formerly deported national minorities as a Greeks, Germans, Bulgarians, Armenians have a number of mandates in the cities and district councils proportionally to their presence in the population of those units. In March of 1995 the Ukrainian Parliament abolished this law. After numerous protests of Crimean Tatars the Ukrainian Parliament in April of 1995 adopted a new demagogic procedure so it was unable to implement. During 2 weeks 150 000 Crimean Tatar's voters were told to write and prepare special applications to the authorities that ask to be allowed to elect their deputies in separate districts. Naturally Crimean Tatars boycotted this procedure and those elections.
102.	In accordance with the Law of Ukraine on National Minorities the Non-Governmental Associations of Nationalities shall have a right to put forward the candidates for the general elections. But the Law on the elections doesn't have this provision, so the electoral commission refused to register the candidates proposed by those associations.
103.	In accordance with the Law on Elections in the regions where the National Minorities live, special electoral districts must be arranged the way that National Minorities' voters should constitute more then 1/2 of all voters. The Crimean Tatars faction in the Supreme Council of Crimea (had been existing that time) officially applied to the Central electoral Commission of Ukraine in February of 1998 claiming to arrange that district in Crimea. No response was received.
104.	Currently, no legislative act provides an effective representation, political participation and self-government of Crimean Tatar People including the rights of self-determination. So the situation is as follows
105.	In 1998 Ukrainian Government firstly deprived those Crimean Tatars who had not obtained Ukrainian citizenship of the right to vote. But:
106.	the exclusion of those Crimean Tatars from the elections transgresses the Agreement on the questions relating to restoration of rights of deported persons, national minorities and peoples, which states: "Parties shall provide deported persons voluntary returning to places of their residence on moment of deportation with conditions for settlement, education, national, cultural and spiritual development as well as political, economical and social rights equally with the citizens constantly live there"
107.	the lack of Ukrainian citizenship was the consequence of the provisions of the Ukrainian law, which didn't allow Crimean Tatars to apply for it (see above).
108.	in accordance with article 22 of the Constitution of Ukraine it is prohibited to abolish or to reduce the Human Rights established earlier. Crimean Tatars were allowed to take part in the elections of 1994 (Parliamentarian and Presidential) independently of the Ukrainian citizenship. So it was the conscious action aimed to eliminate the political rights of the Crimean Tatar People.
109.	Nevertheless in March of 1998 two deputies of Crimean Tatars were elected to Verkhovna Rada of Ukraine. They are Mustafa Dzhemilev - Chairman of Mejlis of the Crimean Tatar People (from the Rukh Party's ticket) and Refat Chubarov. Ukrainian Government uses this fact for the suggestions that the right to the political representation of the Crimean Tatars exists actually as it was with the representation in Crimean Parliament earlier. But the result was, a minor achievement by the Crimean Tatars since they have fail in election at all other levels of the State bodies. An important point is that the representation in the Ukrainian Parliament is still in question because if there won't be special legal procedures to ensure it the Crimean Tatars will always be in a risqué to loose that representation as it happened in Crimea at the elections of 1998. Crimean Tatars can't be sure that any political party will include their candidates in the advantageous position. And they have their own interests, which should be presented in Ukrainian parliament without dependence on the views of any Ukrainian party or Government.
110.	While the 1998 elections to the Supreme Council of the Crimea 70 Crimean Tatars were put forward as candidates at 44 of 100 polling districts. In 20 of them, only one candidate of Crimean Tatar was presented and in 24 two and more candidates were represented. None of the representatives of Crimean Tatars was elected to Supreme Council of the Crimea. Among newly elected deputies to local councils at all levels 579 persons of Crimean Tatars were elected as follows: - in district councils - 40 persons (5,1 % of general number of deputies); - in settlement's councils - 32 persons (3,9 %); - in rural councils - 489 persons (11,8 %); - in municipal councils of district significance - 12 persons (8,8 %); - in district councils of Simferopol - 6 persons (4,9 %); - 5 persons were elected as head of rural councils.
111.	The Election Observation Mission of OSCE and PACE marked in their Preliminary Joint Statement issued on March 13, 1998 that “further steps could have been taken to ensure full participation of Returned Tatars in the election and a better possibility for them to be represented in the Crimean Parliament”. Specially describing the situation in the Autonomous Republic of the Crimea it emphasizes “out of a total of 165 000 Crimean Tatar returnees of voting age only approximately 80 000 are Ukrainian citizens and thus enjoy the right to vote. Of the remaining 85 000 non – citizens, approximately 15 000 are stateless and 70 000 are citizens of other CIS states? Mostly Uzbekistan. The Election Observation Mission strongly supports the efforts of the OSCE Mission to Ukraine and High Commissioner on National Minorities to simplify procedures for issuing citizenship to all returned Tatars. The Observation Mission regrets the failure of initiatives for granting returnees with permanent residence, regardless of citizenship, the right to vote. Such an arrangement was made for the 1994 parliamentary elections, and by repeating the arrangement the representative nature of the Crimean Parliament would have been greatly increased.
112.	The 100 deputies to the Crimean Parliament are elected in single – member majoritarian constituencies. The quotas for the national minorities which existed in the outgoing Parliament have been abolished. The new system does not guarantee a population of the size of the Tatars (11%) representation in the local parliament, because Crimean Tatars settlements are widely scattered throughout the peninsula with no large concentrations. The Election Observation Mission strongly regrets that a system guaranteeing representation for a significant minority has not been established in the Crimean Parliament.”
113.	The issue is further compounded due to Crimean Tatars have only a few participation in official organs authorized to implement a law in Crimea : - in organs of the Ministry of Internal Affairs 1,3%, - none in the system of organs of National Security; - in Office of Public Prosecutor 5,9%, - in Courts 1,7% and - in the system of executive institution 1,5%
114.	Crimean Tatars employed in administration are assigned to deal with Crimean Tatar issues. The occupation of the positions of general authority is limited (See appendix 1 to this report).
115.	Racial and national discrimination is sharply condemned by international public opinion. State organs and officials try not to give reasons for the conclusion that there is a racial and ethnic motivation for discriminatory actions.
116.	Official position in connection with limiting or neglecting of the rights of Crimean Tatars is used such as a time of the service, the belonging to the citizenship of Ukraine, absence of the “special” legislation on the restoration of rights, not maintained archives etc.
117.	The combination of all this negative circumstances with those, which were mentioned above, undermined the very possibility of Crimean Tatars to have the right to political participation and representation.

Article 5

1. The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.
2. Without prejudice to measures taken in pursuance of their general integration policy, the Parties shall refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and shall protect these persons from any action aimed at such assimilation.

Ruination of Cultural Heritage

118.	After deportation all theaters, hundreds of mosques were also closed, and in time had been used as horse stables, storehouses, shops or razed to the ground.
119.	The participation in cultural life, using the results of a scientific progress, protection, development and the spreading of the achievements of science and culture, as well a freedom of scientific and creative activity conformably to Crimean Tatars is realized by the state in such conditions, which essentially bring an aggregate of these rights to no.
120.	Currently, there are more than 900 architectural objects in the Crimea, serving as monuments of history and culture of Crimean Tatars. Less then 10% of them were noted down by the List of National Cultural Legacy, which are on the public books and are protected by the state. The condition of large monuments is extremely unsatisfactory today, a significant research and the restoration works are requested.
121.	During period before 1944, in accordance with the materials of expeditions of Academy of Science of Russia, more than 400 buildings and erections of Crimean Tatar architecture were referred to monuments of architecture.
122.	The case of return to Crimean Tatars or at least using the monuments of history and culture of Crimean Tatar People by appointment, were blockaded by concerned authorities by various pretexts.
123.	A large number of the monuments of Crimean Tatar culture was destroyed but a lot of acts of the destruction of the objects of the Crimean Tatar culture were not documented.
124.	Also, the documents were kept to testify, that the rests of the cultural heritage of Crimean Tatars were plundered in 1960-1970.
125.	The process of destruction and a ravage of the cultural property of Crimean Tatars during XX., including a period after 1954 (passing the Crimea under jurisdiction of the Ukraine) may illustrate some examples -1902 by order of Ministry of Internal Affairs of Russian Empire 100 kadiasker's books (the compilations of the court decisions), 12 (legal) decisions XVII-beginning of XIX., were handed to Public Library of Sankt-Petersburg (Russia);
126.	in 1905-1938 hundreds of the objects of a national art, way of life, ethnography of the Crimean Tatars were bought up very cheaply or gratuitously were removed at first by Tzar, than Soviet authorities and were handed to Central museum establishments of Russia. So, only is there a collection consisting of 2184 objects. (For comparison- only about 300 objects were collected in Crimean ethnographic museum by collaborators of Crimean Tatar department for now);
127.	in 1920 the trade agreement was concluded by Soviet Government and Great Britain in accordance with it, for economical and food assistance, the artistic values were reckoned by Soviet Union. Special offices of so-called "Trade syndicate" made an exchange of the bread in starving of the Crimea for artistic, gold and silver wares which than were conveyed abroad. The values were withdrawn and from museums of the Crimea;
128.	the German authorities of occupation of Second World War did their bit in destruction of cultural property of Crimean Tatars, so Einzatzcommand of Rosenberg staff have removed from the Crimea non-established number of objects of Crimean Tatar culture and art in 1934-1944. It is possible to verify, that collection of Berlin museum of ethnography keeps more 500 exhibits, which were removed from the Crimea for years of First and Second World Wars;
129.	after deportation of 1944 all cultural establishments of Crimean Tatars, as well as remaining literature was destroyed, historical monuments were demolished or used without appointment. All cemeteries were demolished. From large architectural - historical monuments there remains only a Palace of Crimean Khans in Bakhchisaray. It was used as a place for anti-Crimean Tatar racial propaganda during excursions of tourists, who visited the Crimea;
130.	the building and the territory of the medieval University of Crimean Tatars -"Zindzhirli Medrese" is used as a psychiatric clinic.
131.	After many years, while the Crimea was being under a jurisdiction of Ukraine already, the plunder of the cultural -property of Crimean Tatars has lasted in large scales. For example, - in 1955 from Bakhchisaray historical-archaeological museum were passed 15 exhibits to Kiev historical one, - in 1958 to Kiev museum of Russian painting (Ukraine)-6 exhibits, - in 1959, to Kachovsky museum of local history (Ukraine)-16 exhibits, - in 1965, to Zaporizhya museum of local history (Ukraine)-14 exhibits, - in 1964, to Leningrad Russian public museum ( Russia) -1 exhibit, - in 1966, to Leningrad public museum Ermitazh ( Russia)-3 exhibits, - in 1975, to Lviv museum of history, religion and atheism ( Ukraine)-30 exhibits, - in 1976, by permission of the Ministry of Culture of Ukraine of April 29,1976, to library of Saltikov-Shedrin (Petersburg, Russia) were passed -337 exhibits, -in 1993 to Kiev historical museum (Ukraine)-89 exhibits. It is not far complete facts.
132.	The home was placed printing-house of newspaper "Terjiman", which was published towards the end of XI-beginning of XX century by the largest of Crimean Tatar educator and thinker Ismayil Gaspraly, up to now have lived a families of post-war Russian settlers. The requests to authorities of the return of a building and organization of the museum are declined. Only one Crimean Tatar NGO bought with it's own money 6 flats for those settlers in order they to away from that building and give it back to Crimean Tatars to arrange tne museum.
133.	Crimean Tatars as many Indigenous People have a practice of the holy places, having a historical, cultural and religious significance. They were all defiled, but the objects of worship were destroyed and used for outrages upon the customs and a traditional, religious of practice of the people.

Problems of Re-Vitalization of Folklore and Art

134.	Only a professional group of folklore of Crimean Tatars "Crimea" forced to beg, only recently received a financing from budget, but still there is not housing-building for artists. In a case of their collapse the last professional bearer of national, musical, dancing and playing traditions will be lost for Crimean Tatars.
134.	Crimean Tatar Theatre was re-established on the initiative of Crimean Tatar actors and cultural activists. The building which was constructed before the WWII especially for Crimean Tatar theatre was not given back to theatre despite of a lot of applies to authorities. Another building of bad condition was received only for using not for possession. Now theatre doesn't work due to emergent situation of the building although it was a winner and participant of some Ukrainian and international festivals. For comparison Russian Theatre has two big buildings in Simferopol, Ukrainian theatre is placed in good equipped new building in the center of the city.
136.	Crimean Tatar national library was opened under pressure of Crimean Tatar community, as a branch of city library of Simferopol and was placed in absolutely unaccepted accommodation, which does not have the conditions for keeping books, the danger of fire is high. Funds of this library were formed by voluntary donations of a private persons and cultural organizations. Authorities have not done anything, in order to create and develop the most important cultural of heath of Crimean Tatars. Only by virtue of the Government of Netherlands, which gave the necessary-grants national library was reconstructed now and gets the modem library equipment.

Prohibition of Crimean Tatar Script

137.	In 1929 under the predict of the transfer of the Crimean Tatar language from traditional script on base of Arabic into Latin all books and manuscripts of traditional script were withdrawn, collected and burned by order of the authorities.
138.	In 1939 by switching from Latin script to Cyrillic alphabet, the literature in Latin was destroyed, which was accumulated during 10 years.
139.	Cyrillic alphabet is absolutely unacceptable for the Crimean Tatar phonetic and grammar system. Kurultay of Crimean Tatar People unanimously had decided in1991 to restore the Latin alphabet as the most comfortable for the Crimean Tatar language. The Crimean Tatar deputies group in Crimean parliament in 1997 had achieved the positive voting on this question. But Government refuses to recognize the Latin alphabet for Crimean Tatar language officially. As a method to prevent the transition of Crimean Tatars to the Latin script the Government cuts all allocations for the editions and newspapers which try to use the Latin alphabet or for the educational establishments which start to teach it.
140.	>From the point of view of Government officials using the Latin alphabet can make it difficult the linguistic assimilation of Crimean Tatars by the majority who uses the Cyrillic alphabet. Formally the Government refers to the technical reasons. But they don't exist really because the edition process is now simplified with computers etc.

Erosion of Religious Identity

141.	Formally Ukraine is the Secular State. But in reality the largest section of the population are the Orthodox Christians. It is expressed in the legally established National Dates and holidays.
142.	Crimean Tatars have no objection against this practice. But Ukraine should respect the religious, cultural and historical traditions of Crimean Tatar People who are Muslims and who have their own dates connected with the Crimean Tatar's history.
143.	Formally the Labor Code of Ukraine has a provision that on the consideration of the enterprise the holidays may be presented to the people who have their own religious needs. However:
144.	this decision is depended from the point of view of manager employer but not established by the law directly. We have the cases in Crimea when the managers of the enterprises and institutions refused to grant these holidays due to their anti-Crimean Tatars prejudices;
145.	Crimean Tatars have not only religious but cultural and historic events to be marked by the law as a date of their deportation in 18th of May, the date of Russian annexation at 8th of April, the date of traditional festivals as Derviza (August - September), Kidirlez (5th of May)or New Year - Navrez (21st of March) etc.
146.	The ceremonies of these festivals have a very great importance in Crimean Tatars culture but they are not recognized officially by the Government.
147.	The case of return to Crimean Tatars or at least using the monuments of history and culture of Crimean Tatar People by appointment were blocked by the concerned authorities with the various pretexts. So, for example, the return of the mosque in Sevastopol was refused up to 1992 by that pretext, that the archive of Black Sea Fleet was disposed their etc. Authorities organized last destruction of the mosque in 1989 in the Plodovoye of the Bakhchisaraysky district and traditional in Molodrzhnoye in 1991.
148.	To the present moment, the religious communities have achieved a return of 50 mosques being in condition of full destruction.
149.	>From 1944 to 1990 were destroyed all Crimean Tatar cemeteries in the Crimea.
150.	The orders and rules of the civil and military service in Ukraine are not absolutely in accordance with the views of the non-Christian communities. Those who are made to serve in Ukrainian army by the law haven't a possibility to keep their food limitations or the behavior agenda. For Muslims (who are not only Crimean Tatars and totally consist about 1,5 min of people in Ukraine) and Jews this is the pork meat which is very traditional for the Ukrainian cousin, the sanitation conditions etc. Practically it is spread at the governmental institutions, enterprises, universities, schools, and public places.
151.	These conditions deform the traditional and accepted by the Crimean Tatars way and style of life, undermine their moral and spiritual values, perverse the national culture and internal family relations.
152.	It is not a hard task for the Government to recognize and to respect these values. Unfortunately it is not happening.

Article 6

1.The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, irrespective of those persons' ethnic, cultural, linguistic or religious identity, in particular in the fields of education, culture and the media.
2.The Parties undertake to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity.

153.

Cultural traditions, customs and achievements of Crimean Tatars are not included in any form in a program of general education in Crimea and Ukraine. They are taught at public educational institutions neither for Crimean Tatars themselves, nor for the rest of habitants of the Crimea. The Crimean Tatar culture was forced out on periphery of a social-cultural activity. Damage was brought to Crimean Tatar culture, which is not refunded and compensated by any form.

154.

At the same time there are a lot of films, books and exhibitions in Ukraine, which reproduce the Crimean Tatars at the image of the permanent enemy of the Ukrainians and Ukraine. Government does nothing to prevent the anti-Crimean Tatars propaganda and rumors distributed trough mass media, publications, tourist excursions etc. The films presenting the Crimean Tatars as a main historical enemy of Ukraine are translated periodically by the State TV.

Article 7

The Parties shall ensure respect for the right of every person belonging to a national minority to freedom of peaceful assembly, freedom of association, freedom of expression, and freedom of thought, conscience and religion.

155.	There are more than 50 NGOs in Crimea newly established by Crimean Tatars.
156.	In order to understand the attitude of other Crimean Tatar's NGOs to the situation see their Appeal to the Parliamentary Assembly and Committee of Ministers of CoE which was transferred by fax to Mr. Antti Korkeakivi (Russian and English version).
157.	The most important whole-Nation Association of Crimean Tatars is Kurultay (National Congress) of Crimean Tatar People. It is based on general elections among Crimean Tatars living on territory of former USSR. Kurultay is not recognized by Government.
158.	See information under article 15.

Article 8

The Parties undertake to recognize that every person belonging to a national minority has the right to manifest his or her religion or belief and to establish religions institutions, organizations and associations.

159.

Crimean Tatars are the biggest Muslim group in Ukraine. The Muftiat of Muslims of Crimea was established in 1991. More than 150 local Muslim communities are united by this umbrella. The most important problem is that authorities try to prevent the giving back to these communities the buildings which were confiscated earlier or to put forward any conditions for this restitution such as to buy the new houses for present inhabitants or owners of these buildings etc. Periodically the articles or communications of anti-Muslim character appear in news-papers. Mostly they are published in private Mass-Media however State officials don't react to that anti-Muslim propaganda as a rule.

160.

See information under article 5^th as well.

Article 9

I. The Parties undertake to recognize that the right to freedom of expression of every person belonging to a national minority include; freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers. The Parties shall ensure within the framework of their legal Systems, that persons belonging to a national minority are not discriminated against in their access to the media.
2.Paragraph 1 shall not prevent Parties from requiring the licensing, without discrimination and based on objective criteria, of sound radio and television broadcasting, or cinema enterprises.
3.The Parties shall not hinder the creation and the use of printed media by persons belonging to national minorities. In the legal framework of sound radio and television broadcasting, they shall ensure, as far as possible, and taking into account the provisions of paragraph 1, that persons belonging to national minorities are granted the possibility of creating and using their own media,
4.In the framework of their legal systems, the Parties shall adopt adequate measures in order to facilitate access to the media for persons belonging to national minorities and in order to promote tolerance and permit cultural pluralism.

Mass-Media

161.	Under the Crimean Constitution from October 1998 only Russian was declared to be an official language and a language in public service in Crimea, that means absolute monopoly of Russian language in state and public life, and in state system of secondary and high education.
162.	The single all-republican weekly newspapers edited in Crimean Tatar language "Crimea" and "Yani dunya" (New World) are threatened to be closed because of lack of money. Only literature-art magazine "Yildiz" (Star) in Crimean Tatar language is published one time in month due to the lack of money.
163.	The Government had given in 1998 2 mln. grivnas for the support of the periodical press from the republican and local budgets of Crimea, but no one per cent of this sum was given for Crimean Tatar's press. But if even is brought an appropriate item in budget, it is not mean else, that money will be given. For example, in this year was provided for a giving 35,000 grivnas to the newspaper "Yani Dunya" (New World) and 15,000 – to the magazine "Yildiz" (Star). But practically was given only 13,000 grivnas to "Yani Dunya", 3,000 grivnas to the magazine “Yildiz”. At recent meeting of Commission of Supreme Council press, came unanimously to the opinion that financing of Crimean Tatar's publications necessary to stop in general, and provided money for them give to new - created organization “Women's equipment with a prosthetic appliance” which is engaged in problems of aborts. At the same time 75,000 grivnas were given to one Russian newspaper "Rural newness" in Belogorsk.
164.	According to the list of the members of staff 4 persons working in State Tele-radio Company "Crimea". Only 20 persons (about 5 %) of them working in Crimean Tatar's studio of television and radio. General volume of broadcasting of Crimean television constitutes 73 hours weekly, and broadcast on Crimean Tatar's language only 3 hours and 30 minutes. It means about 4,5 % of broadcasting time. There was not a case else when State TV-Radio Company gave any equipment to Crimean Tatar's studio.
165.	Recently volume of radio broadcast in Crimean Tatar's language constituted 10 hours and 10 minutes weekly, that is ten times less than radio broadcast in Russian. But in September a decision was accepted to reduce this volume else more than twice and now the volume of radio broadcast in Crimean Tatar's language constitutes only 4 hours and 10 minutes.

Article 10

1.The Parties undertake to recognize that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing.
2.In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if those persons so request and where such a request corresponds to a real need, the Parties shall endeavor to ensure, as far as possible, the conditions which would make it possible to use the minority language in relations between those persons and the administrative authorities.
3.The Parties undertake to guarantee the right of every person belonging to a national minority to be informed promptly, in a language which he or she understands, of the reasons for his or her arrest, and of the nature and cause of any accusation against him or her, and to defend himself or herself in this language, if necessary with the free assistance of an interpreter.

Language Issue

166.	"For the Crimean Tatars, the importance of language should not be underestimated. It is commonly stated that language is at the core of nationality, and nationality gives meaning to the current difficulties. As one respondent explained:
167.	"Without our national language, we are not Tatar. If we are not Tatar, we are nothing. If this is not my homeland and I am not Tatar". If this is not my homeland and I am not Tatar, then why am I putting up with this (these living conditions)?
168.	Language and culture of the deported has suffered from the exile and the lack of promotion by Soviet authorities. Most Tatar families say that they speak Russian at home. There is also a death of Tatar literature accessible to children and adults.
169.	The language issue has been politicized, pitting local officious against each other along ethnic lines. To support their demands for government support for national education, respondents cited both Article 10 of the Ukrainian Constitution, adopted on June 28, 1996, which states "In Ukraine the free development, and protection of Russian, and other languages of national minorities of Ukraine, is guaranteed;" and the unapproved Crimean constitution which states that the Autonomous Republic of Crimea has three official languages - Russian, Ukrainian, and Tatar. (Social Assessment of the Formerly Deported Population in the ARC.c.3.p.71).
170.	In the contexts of the Constitutions of Crimean Autonomous Soviet Socialist Republic of 1921, 1926, 1938 there were two languages: Tatar (Crimean Tatar) and Russian were declared to be the State languages. There was no mentioning about the Ukrainian language because Crimea of that time was not under the jurisdiction of Ukrainian Soviet Socialist Republic. So it was the legal claim of Crimean Tatars to re-establish the official status of Crimean Tatar language as a part of the rehabilitation of the formerly deported people.
171.	But in the text of Crimean Constitution approved by the parliament and President of Ukraine at the end of 1998 only Ukrainian and Russian languages were written as those which are used in public life, administrative proceedings and official documentation in the Autonomous republic of Crimea. The Ukrainian legally is defined as a State language. The Russian legally is defined as a language acceptable for the majority of population of Crimea. So Crimean Tatar language is excluded from the public life as a language acceptable only for minority.
172.	Government usually refers to the provision of the law on languages, which provides the possibility of the using of the language of minorities in the places where they are real majority of population. But there are no places in Crimea with the exception of some small villages where Crimean Tatars are the majority of population. And it was the special policy of Government as it was described above to prevent the very possibility of Crimean Tatars to become the majority in any administrative district or city in Crimea. So only special provision in Crimean Constitution could solve this problem. Unfortunately the Government failed to do it.

Article 11

1.The Parties undertake to recognize that every person belonging to a national minority has the right to use his or her surname (patronymic) and first names in the minority language and the right to official recognition of them, according to modalities provided for in their legal system.
2.The Parties undertake to recognize that every person belonging to a national minority has the right to display in his or her minority language signs, inscriptions and other information of a private nature visible to the public.
3.In areas traditionally inhabited by substantial numbers of persons belonging to a national minority, the Parties shall endeavor, in the framework of their legal system, including, where appropriate, agreements with other States, and taking into account their specific conditions, to display traditional local names, street names and other topographical indications intended for the public also in the minority language when there is a sufficient demand for such indications.

Impossibility to Restore and to Use National Names

173.

Formally the Law on National Minorities allows to the members of the National Minorities to use the national forms of the names and surnames. But due to the absence of the established procedure of the restoration of those names the authorities are failure to implement this provision. But even more. Now through the procedure of the exchange of the passports or receiving of the Ukrainian citizenship Crimean Tatars are made to take the personal documents (certificates, passports, diplomas etc.) where their native names perversed with the Russification and influence of Central Asian phonetics are deformed again in the accordance with the grammar, traditions and pronouncing on Ukrainian language. The refuse to take these documents with the deformed names means really to refuse from the personal documents. At the same time it crates the difficulties at the legal questions because the officials pay attention not to the native form of the names but to their script which becomes different in different documents.

174.

The phonetics of the Crimean Tatar and Ukrainian language is rather different so it is practically impossible to express or to pronounce the Crimean Tatar names written on the Ukrainian script by the right way.

Perversion of Historical Geographic Names

175.	Renaming of the historical names in the Crimea inflicted the large casualty of a traditional culture of Crimean Tatars. Currently, 95-97% of geographical names using in the Crimea, were established by some decrees of a Presidium of the Supreme Council of Soviet Union in 1945-1948, with special aim to destroy, "to wipe off the face of the Earth" the memory itself about existence of Crimean Tatars.
176.	Mejlis of Crimean Tatar People the cultural and religious communities have repeatedly and persistently appealed to the authorities of different level: local, regional and central of Ukraine with demand to take a fast and effective measures to protection and restoration of the cultural heritage of Crimean Tatars, including a search and return of the objects of a culture, which were removed to other districts of Ukraine or abroad, as well as protection and restoration of an architectural monuments, restoration of a historical toponimy of the Crimea. Government has not only taken any measures, but even these questions were not paid by serious attention.
177.	When Crimean Tatars claimed to the restoration of the historical geographic names in Crimea Government proposed to conduct a referendum on the question referring to the provisions of the Ukrainian law. But this is obvious that Russian new - settlers will never be agree to re-establish the traditional Crimean Tatar (first of all but not only) geographic names in Crimea. It must be done by the decision of central Government or Crimean Tatars will loose the part of their historical memory forever.

Prohibition of Usage of Crimean Tatar Language in Stamps and Blanks

178.	At the first half of 1990^th a lot of newly established Crimean Tatar enterprises, NGOs and religious communities used in their official blanks and stamps the Crimean Tatars language along with Ukrainian and Russian. Recent two years authorities demand to change the stamps and blanks for those ones which have not Crimean Tatar language. If any organization refuses to do this it's stamp and blank is announced invalid for public use. So nobody can use it for bank operations, official letters etc.
179.	This prohibition touches the religious communities which use the Arabic script as traditional Muslim alphabet for their documentation as well.
180.	See the comments to the Part one and to articles 3 and 5 as well.

Article 12

1. The Parties shall, where appropriate, take measures in the fields of education and research to foster knowledge of the culture history, language and religion of their national minorities and of the majority.
2.In this context the Parties shall inter alia provide adequate opportunities for teacher training and access to textbooks, and facilitate contacts among students and teachers of different communities.
3.The Parties undertake to promote equal opportunities for access to education at all levels for persons belonging to national minorities.

181.	See comments to article 5 and 6.

Article 13

1. Within the framework of their education Systems, the Parties shall recognize that persons belonging to a national minority have the right to set up and to manage their own private educational and training establishments.
2.The exercise of this right shall not entail any financial obligation for the Parties.

182.	Crimean Tatars are deprived of their basis for the sustainable development. So they don't have the finances to establish their own educational institutions on a private or corporative ground.
183.	See comment to article 5 as well

Article 14

1.The Parties undertake to recognize that every person belonging to a national minority has the right to learn his or her minority language.
2.In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if there is sufficient demand, the Parties shall endeavor to ensure, as far as possible and within the framework of their education Systems, that persons belonging to those minorities have adequate opportunities for being taught the minority language or for receiving instruction in this language.
3.Paragraph 2 of this article shall be implemented without prejudice to the learning of the official language or the teaching in this language.

Education

184.	In order to understand the real observation of Human Rights of Crimean Tatars one has to compare the damage caused by deportation and decades of deliberate prevention of repatriation of the Crimean Tatar People pursued by Government with the current situation.
185.	There were 386 secondary, 475 incomplete secondary and elementary schools with Crimean Tatar language of teaching in 1936 and in 371 schools in 1941 while the number of Crimean Tatar pupils was about 40 000.
186.	According to archive data base 371 schools were closed, 2 pedagogical technical colleges, institution of language and literature was eliminated, 1511 voluntary and school, 112 private libraries 640 elementary and 221 primary school libraries, 200 libraries in collective farms, 30 district and 60 city libraries of Crimea were completely destroyed, 360 reading rooms in villages of Crimea, 263 clubs were closed. all books and textbooks on the language, history and literature, as well as other literature in Crimean Tatar language were collected and burned.
187.	Since 1987, after forced liberalization of communist regime of former Soviet Union mass return of Crimean Tatars to their homeland-the Crimea had started. At this moment there were no Crimean Tatar educational institutions in the Crimea. 1987 to 1998 the situation had been changing.
188.	Education of children in Mother tongue from childhood is at core of traditional upbringing, an inculcation of love to native art, tradition and culture. For realization of these goals from 1990 under pressure of parents, teachers, local Crimean Tatars communities 3 groups with Crimean Tatar's language of education and upbringing in children pre-school institution in the Crimea began to function.
189.	Generally there are 704 pre-school kinder-gardens in Autonomous Republic of Crimea. In 1991- 12 Crimean Tatar groups were appeared, in 1992- 24, 1993- 40, 1994 - 38, 1995-only 25 groups remained. But in 1999 they were reduced till the 20 where only 337 from 25 179 of Crimean Tatar children before 7 years old are educated in Mother tongue and in accordance with national traditions despite the growth of the birth-rate of Crimean Tatar children.
190.	The local authorities are spreading propaganda against the education Mother tongue, threaten to parents, that education in Crimean Tatar language in kinder-garden is not perspective (it was explained in the conversations with parents at the meeting in towns; Starry Crimea, Simferopol, Krasnogvardeysky, Jankoy, Krasnpperekopsky and other districts). At the same time, when parents insistently demand to open the groups, the heads of pre-school institutions demand the by Mejlis or State Council on National Minorities and Deported People to provide additional financing. If the children are taught in Russian, the finances are allocated from Crimean republican or local budgets.
191.	For example, there are more than 50% of Crimean Tatar children in kinder-garden of village Yasnaya Polyana of district of Jankoy. Parents have unsuccessfully got the opening of Crimean Tatar group. The same situation in villages Medvedevo, Dalokoye of Chernomorsky district, as well in villages Partyzany, Kolchugino of Simferopol district, village Perevalovka of district of Sudaksky. The opening of Crimean Tatar groups in the kinder-gardens of Stariy Krim was obtained through months of demonstrations the parents of Crimean Tatar.
192.	The closure of the existing groups, basically connected with financial insolvency of parents to pay for stay of children in kinder-garden. as well, because of the refusal to finance these pre-school institutions by the Government. However, at same time, there are more than 8000 Crimean Tatar children are educated in the active pre-school institutions of the Crimea in Russian language, although according to the law of Ukraine of Education, which guarantee an education in the Mother tongue, the groups and even kinder-gardens in places of compact living of Crimean Tatars could be opened. In case of reorganization of pre-school institutions, first of all, the teachers of Crimean Tatars are dismissed, so far as they were last, who got a job and they have the least record of work in the Crimea. Common record of work, level of education, presence or absences of the children of Crimean Tatars are not taken into account.
193.	In 1991-1998 appeared the first classes and schools where the Crimean Tatar language and literature were taught.

Schools

194.

Currently, by January of 1999, in Crimea there are: - 577 Russian schools - 97,9% - 4 Ukrainian schools - 0,7% - teaching on Mother tongue for Crimean Tatars is arranged in 7 schools - 1,4% (deep teaching of mother tongue is arranged in other 4 schools, two language (Russian and Crimean Tatar) as major is arranged in 10 schools. So only in 21 schools Crimean Tatar language is really taught as major subject).

195.

This is happening while Crimean Tatar pupils are more then 12.7% of all pupils in Crimea.

Classes

196.	Russian-speaking children attending the schools are 267961 people.
197.	Those of them who are studying in the schools with the Mother tongue (Russian) are 267961 people (100% of all Russian-speaking pupils).
198.	Crimean Tatar children attending the schools constitute 38995.
199.	Those of them who have classes in the Mother tongue (Crimean Tatar) constitute - 2374 (6.1%).
200.	The number of Crimean Tatar pupils who gets mother tongue classes as major totally is 5412.
201.	So the Crimean Tatar children who get the Mother tongue in the schools in the form of real teaching are only about 13.9% of all Crimean Tatars pupils.
202.	Even in the schools with so called two language teaching system, 1800 Crimean Tatar pupils are made to refuse to learn the Mother tongue because it is taught out of syllabus or while other classes are held.
203.	All other Crimean Tatars pupils are studying the Mother tongue in the best case as a foreign language (two hours per week only).

Governmental position

204.	Formally in 1997 the Ministry of Education adopted a resolution ¹260 concerning the development of educational establishments with the Crimean Tatar and Ukrainian languages of teaching. This resolution was not executed as for its realization the executive decisions of local authorities are necessary who don't do it. The analogous resolution N323 is not implemented as well. The Council of Ministers of Crimea motivates it by the lack of finances.
205.	Currently according to the information we have at our disposal the Government is going to establish around 2012 schools and only 20 schools are with the Crimean Tatar language based education.
206.	The Ukrainian Government uses the situation of the small number of Ukrainian schools in Crimea in order to reject the claims of Crimean Tatars. However: - after Crimea was transferred under Ukrainian jurisdiction it was Ukrainian Government who did not arrange those schools. It is absurd to put responsibility for this on Crimean Tatars; - Crimean Tatars are not opposing the establishing of Ukrainian schools, but support this process. But Crimean Tatars are strictly against the juxtaposition of these issues; - the lack of Ukrainian schools in Crimea is the Government's responsibility of the but not Crimean Tatars because Crimean Tatars didn't destroy any schools; - the lack of Ukrainian schools in Crimea doesn't create the dangerous of the absolute disappearance of Ukrainian language because there are normal educational system in continental Ukraine with this language. The lack of Crimean Tatar schools in Crimea means the abolition of Crimean Tatar language in principle.
207.	In the spring of 1993, the Minister of Education of the Crimea has reduced the number of hours classes in Crimean Tatar language and literature at schools. Crimean Tatar teachers and pupils have announced their readiness to begin the open-ended strike without time limit. Only after this warning the Minister rejected his order.
208.	The educational-methodical literature in Crimean Tatar language is practically absent. Teachers are forced to re-write out by hand the books, which are necessary for them. Children's literatures, books with illustrations are not published. There is a necessity to have the 73 kinds of the schoolbooks. Really only 12 were published. The Government's allocations covered only the part of the expenses for these purposes.
209.	Despite, that Crimean Tatars pay taxes, financing of all Crimean Tatar schools is not realized from the local budget. So far as the allocations of the Central Government are reduced, the very existence of these schools is endangered.
210.	Representatives of Crimean Tatars are out of control for a financing for the schools.
211.	In 1991, the Department of Crimean Tatar language and literature, was opened in Simferopol University with general admission of 50 students yearly. After graduating from the University, they get into the same situation in homeland, as in the places of deportation (absence of work by the specialty), so far as are not there secondary schools with teaching in Crimean Tatar language. In 1998 this Department by the decision of University's leadership was transformed into the Department of Oriental Studies. So recently Crimean Tatar language Department in the State University of Crimea was eliminated.
212.	The necessity of education of full levels in Crimean Tatar language is not extreme unjustified demand of minority. Objective pre-conditions exist for this formulation of a question.
213.	The absence of higher education establishments with Crimean Tatar language teaching puts the pupils of Crimean Tatar schools and classes under the pressure so far as their vital prospects are seriously limited. The matter on higher institutions with Crimean Tatar language teaching should not be considered as a secondary one. They can be created only in the Crimea and only as a result of the special measures. The refusal to create the higher education establishments with Crimean Tatar language meaning the official assigning for Crimean Tatar language of the status of useless value, which condemned to degeneration and disappearance.
214.	Higher educational institutions with Russian or Ukrainian teaching as well as in the languages of any other minorities (Armenian, Hungarian, Polish etc.) exist in Ukraine or abroad. The absence of higher educational establishments with Crimean Tatar language teaching is absolute Crimean Tatars are the third group by size of taxpayers. Besides, the material base of educational establishments of Crimean Tatar (buildings etc.), which existed before deportation during decades were used and have been used nowadays by the Government or by the other users, who had received it from the Government after the deportation of Crimean Tatars.
215.	See comments to article 5 as well.

Article 15

The Parties shall create the conditions necessary for the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs, in particular those affecting them.

Lack of Recognition of Representative Body of Crimean Tatar People Self-Government

216.	Mejlis of Crimean Tatar People is institution close to that one which is described at the official Comment to the article 15 of the Framework Convention (p.80).
217.	The Mejlis of Crimean Tatar People (the National Assembly) is a traditional institution of Crimean Tatars, the only highest plenipotentiary representative body of the national Self -Government of Crimean Tatars, which has been restored at the Kurultay of Crimean Tatar People (the National Congress) in 1991 after more than 70 years long interval. It consists of 33 members, headed by the Chairman of the Mejlis.
218.	Despite the Mejlis has not been currently recognized de-jury by the Ukrainian government, it is de - facto involved in to the activity concerning representation and assertion of rights of the Indigenous People of Crimea both at the regional and the state wide level, have earned indubitable trust and support of whole Crimean Tatars residing in Ukraine.
219.	At present, the Mejlis acts with a board of members were elected at the third Kurultay in 1996 and have been partially overlapped on the extraordinary session in 1997.
220.	Mr. Mustafa Dzhemilev is a Chairman of the Mejlis of Crimean Tatar People. He had got 1998 Hansen's Award of UNHCR for his struggle for the rights of the formerly deported Peoples.
221.	The Kurultay and Mejlis were re-established in 1991. Before that the authorities had been saying that Crimean Tatars had not any organ which could express the opinion of the people in order to have the partnership with the State for the negotiations and looking for the solution. But after that the Government started to say that Mejlis is illegal body, which has not the analogues in the practice of the democratic States and Rule of Law. The Government is failure to legalize the Kurultay and Mejlis of Crimean Tatar People because it would be made to have them as partners for the settlement of the Crimean Tatar problem in Ukraine. Now the Highest Government Officials and bodies including the President of Ukraine have the information about the legal precedents (for example the Assembly of Sami in Norway or the Congress of Comi People in Russia) but try to escape from the recognition of Mejlis. Now the authorities propose to register the Mejlis in the status of NGO. It is done in order to deny the representative nature of Mejlis and try to reduce the necessity of the dialog to the consultations with different NGOs on the choice of Government. Sometimes particularly in the periods of the mass protests of Crimean Tatars Government threaten to prohibit the Mejlis and to arrange criminal prosecution against its members.
222.	Nevertheless the Mejlis of Crimean Tatar People is widely recognized by the International NGOs and is involved to the activity of the Working Group on Indigenous Populations, Working Group on Elaboration of the Draft of the Declaration of the Rights of Indigenous Peoples and the Working Group on the Permanent Forum for Indigenous Peoples (see the list of the participants beginning from the 1994 till now).
223.	Time by time Government imitates the involvement of Crimean Tatars through the persons who differently from Mejlis didn't receive their mandate from Crimean Tatar People but are selected by the authorities on the basis of their own criteria.
224.	About political representation see article 4.

Unemployment

225.	Currently, about 270.000 Crimean Tatars live in the Crimea. 136623 out of them are capable of work, but only about 55000 of them work for state and private enterprises. More than 60% of Crimean Tatars are unemployed. For the comparison, unemployment rate among other nationalities in Crimea constitute 80291 of persons out of more then 2,5 millions.
226.	Many Crimean Tatars were not registered as unemployed, because they do not have Ukrainian citizenship or residence permit as well as due to the fact that the labor exchanges are located tens of kilometers away from the palaces of residence.
227.	The sociological pools show, that around 25% of Crimean Tatars have higher and secondary education below than other habitants of the Crimea. Example, in 1992, only 39% of Crimean Tatars with higher education of Krasnogvardeysky district and 43% with secondary one, were working by specialty. The analogous situation is in other regions of the Crimea.
228.	Skilled workers are frequently undergoing discrimination when they get a job. 0,5% of Crimean Tatars are in sphere of science.
229.	There are 53 Ph.D. and 552 Doctors of Sciences among Crimean Tatars. But only 30% of them are employed and only 18% of them work by specialty.
230.	There is a peculiarity of the Soviet and Post-Soviet legal tradition, including in Ukraine, which is the irresistible break between rights proclaimed in official juridical acts including a Constitution and their factual realization. Disparagement, elimination of the rights or disfranchisement toward Crimean Tatars is realized as a rule by decision's officially registered and recorded documentary by the organs of Government or officials. Mostly oral directions or secret decisions establish them.

Deprivation of Property

231.	In order to ensure real equal rights for Crimean Tatars this is necessary to solve the problem of the restitution and compensation of material and non-material damage that has occurred to the Crimean Tatar people during the deportation and resulting discrimination.
232.	A group of scholars of Mejlis of Crimean Tatar People under the leadership of the Doctor of Economic Sciences Mr. Khalil Mustafayev studied incomplte database of the Crimean State Archive.
233.	It is known that one of the principal Human Rights is economical ones, the right to property, as well as to compensation for moral damage caused by deportation of 1944, through what Crimean Tatars were deprived their own real and personal estate: over 80 thousand houses, more than 3,4 thousand land plots were taken away from collective farmers, about 500 thousand heads of cattle, whole stock of seeds, saplings, food - stuffs, feeding and building materials. About 4 thousand tons of wheat, corn, barley, grouts and other sorts of farm produce were withdrawn from storehouses. More over, before deportation 40 thousand tons of wheat, 40 centers of tobacco, 95 thousand liters of wine, 314 centers of dried fruits, 43,2 thousand pieces of sheepskins and 554 thousand tons of wool were procured.
234.	Practically it was a deprivation of means to existence of the entire people.
235.	Since there are no legal measures, providing the rights of the deported peoples and individuals, moral and property damage caused by deportation has been very complex issue as in legal, methodological so in methodical senses. There is also no restitution mechanism for the right to illegally confiscated property, as well as to compensation for damage. However, below listed Legislation of Ukraine concerning the right to property, entitles one, whose real and personal estate was illegally alienated, to ask for restitution: - The Constitution of Ukraine - Civil Code of Ukraine - Civil Judicial Code - Household Code - The Law of Ukraine on Property - The Law of Ukraine on Leasing of the State - owned Enterprises and Organizations' Property.
236.	These and other legal acts can be used as a base for drafting and adopting legislation, providing implementation and restoration the right to moral and property damage caused by deportation. However Ukrainian Government does not do it.
237.	In 1944, the Crimea was not under jurisdiction of Ukraine and a deportation was not the result of decision of Ukrainian Government. However, beginning from 1954 all lands, property and houses belonged to the Crimean Tatars till the deportation, were used by Ukraine. Ten thousands of the houses used as a habitation for settlers. Economic base, equipment, plantations of collective farms and enterprises, which Crimean Tatars had working in and which were established by Crimean Tatars had become a foundation for enterprises, which worked in national economy of Ukraine. Thus, Ukraine had received the definite part of national product, incomes and goods, as a result of their exploitation of the lands and properties, which were illegally taken from Crimean Tatar People.
238.	The significant part of rural and urban population of the Crimea, who arrived to peninsula after 1944, still are living in the houses, which were taken from Crimean Tatar owners.
239.	This situation raising, of course, a question of responsibility, restitution and compensation, in accordance with approaches were worked up in-theory and a practice of international law.
240.	Before, the complete privatization of state and municipal property take place in the Crimea, Crimean Tatars are to get the means of subsistence in nature which belonged to them before deportation, and where this is impossible, a just compensation of full value.
241.	While the consideration of the Republican budget the Supreme Rada of the Autonomous Republic of Crimea regularly refuses to allocate any money to finance the return and settlement of Crimean Tatars, in spite of the regional budget is formed by taxes, gathering from Crimean Tatars as well. Thus, the ethnic majority consisted from mew-settlers exploits the ethnic minority consisted from the Indigenous People.
242.	The practice of the implementation of the law of Ukraine "On Rehabilitation of the victims of the political repression" is very significant in this respect, which is to restore the rights of them, who have suffered from Stalin's repression (1920-1930). None of Crimean Tatars who appealed to Republican Commission on the Rehabilitation of the Victims of the Political Repression received his property or house back, although theoretically the law provides it. Compensation has paid for property is not comparable with real cost.
243.	Leonid Yefimenko, Deputy Minister of Justice of Ukraine, stated that Ukraine had fulfilled all its obligations concerning the return of property to persons who was previously the subject to deportation or to former victims of political repression. Compensation was paid and persons were rehabilitated. Cases where persons had received unfair judgements were currently being reconsidered (UNO press release, HR/CERD/98/14 of 10 March 1998). It was direct lie.

Excluding from Process of Privatization

244.	The process of privatization of the state - owned property, started in 1992, is conducted in accordance with Ukrainian legislation, which do not regulate the participation of some strata of population were deported from Ukraine, including Crimea, in 1941-1944. Pertaining to Ukrainian legislation only the citizen of Ukraine is entitled to participate in privatization. As it is know, a half of Crimean Tatars, who have registered their return to historical Motherland are still not able to restore their citizenship of Ukraine.
245.	>From the very beginning of the process the leadership of the Mejlis of Crimean Tatar People had applied to the President and Verkhovnaya Rada of Ukraine, as well as to the authorities of Crimea demanding to stop the privatization of the state-owned property until the right for Crimean Tatars to property will be restored.
246.	So, for instance, during 1993 - 1994 the Mejlis had repeatedly addressed to the State authorities of Ukraine and the Autonomous Republic of Crimea handing concrete proposes and amendments to the Law of Ukraine on privatization of the state property, small enterprises and dwellings and the Law on Securities.
247.	However, these claims and proposes were rejected or just bureaucratically replied
248.	Since the privatization started in Crimea (after 2 year long moratoria) the members of the Crimean Parliament Faction - Kurultay (the name of the Crimean Tatars Crimean MP's group which was existing in 1994 – 1998 while the quota for the guaranteed representation in Crimean Parliament had been taking place), the scholars of the Mejlis, the officers of the Ministry of Treasure and Economy through working groups had designed special projects on participating of the stateless deportees in privatization of the state - owned property and reserving (till 2000) the property for the deportees who are still in the sites of deportation, as well as on creating Restitution Fund on the base of the State Property Fund and the State Committee for Nationalities of Crimea.
249.	Those projects were included in the State Program for the Privatization of the State Property of the Crimea, which were approved by the Supreme Council of Crimea in 1995 - 1996 - 1997. However, except property certificates allotted to all residence of Ukraine (including non- - citizens of Ukraine) the rest clauses (items) of the Program were still on paper. the realization of the Program was snagged by lack of a relevant legislation. In connection with this the bulk of our activity was aimed to legislative, executive organs of Ukraine and Mass Media.
250.	So, in October of 1995 the Chairman of the Mejlis of the Crimean Tatar People - Mustafa Dzhemilev, after the meeting with Mr. U.I. Ekhanurov, the Head of State Property Fund of Ukraine, submitted to him an official letter. As a result the Permanent Working Group headed by Mr. A. Tarasenko, the First Deputy of the Head of Ukraine State Property Fund was established. the Deputies of the Kurultay Faction jointly with Working Group worked out a proposition to the mechanism of participation of the formerly dportes in 1996 Privatization Program of Ukraine.
251.	The same time, in 1996 on behalf of ours the Chairman of the Crimean Property Fund, - Mr. A. Golovizin applied to the Cabinet of Ministry of Ukraine (Mr. Pinzenik). Mr. E. Suprunuk, Mr. A. Demidenko, Mr. A. Golovazin submitted the Draft Rgulation on Participation of Deports in Privatization, agreed with all national communities of the deports of Crimea, to the State Property Fund of Ukraine, for further Presidents approval. Later Mr. V. Kiselev and Mr. R. Chubarov addressed to the President of Ukraine, Mr. L. Kuchma.
252.	The Permanent Commissions on National, Economical, Financial and Budget Policy and Deports of the Supreme Council of Crimea, as well as the Government of Crimea forwarded their letters to the State Committee on Land - tenure.
253.	The constant activity was carried out with Verkhova Rada of Ukraine, simultaneously.
254.	So, on the meeting of the Sub-committee of the Verkhovna Rada of Ukraine for Economical, Political and Administrative Issues in National Economy jointly with our deputies (the Members of Kurultay Faction in Crimean Parliament in 1994 - 1998) the clause - by clause amendments and proposes, drafted by Mejlis to the above mentioned Ukrainian Laws on Privatization of the state-owned property were discussed twice. However they were not adopted.
255.	Twice those demands were discussed on the meeting of the Sub-committee of Ukrainian Parliament for Human Rights, National Minorities and Interethnic Affairs with participation of Kurultay Faction's deputies N. Bekirov, L. Arifov, Kh. Mustafaev, E. Kurtiev and the Deputy of the Chairman of Mejlis - R. Ablayev when the Draft of the Law of Ukraine "About Rehabilitation and Ensuring of Rights for those of National Minorities Who were the Subject to Repression and Expulsion on the territory of Ukraine" was considered. But the Law is still not approved too.
256.	In their reports at the International Scientific Conferences, held in Kiev our deputies and members of the Mejlis pointed out the issues on the restoration of the right for deports to property, proposing the mechanism to provide interests of the formerly deported peoples in privatization process. It was already discussed at the round tables in Yalta, arranged by –the courtesy of the UNHCR, Verkhovna Rada and the Cabinet of Ministers with participation of different NGOs and foundations.
257.	With the view to draw public opinion to the problem of restoration of the right to property and meeting the prerequisites to participate in privatization process the articles and interviews with parliamentarians and experts were publicized and broadcasted through Mass Media (Krym, Golos Kryma (the Voice of Crimea), Yany Dunya (New World) newspapers), Radio and TV.
258.	All our the efforts resulted that in his Decree dated March 19, 1996, ¹ 194/96, para 26, the President of Ukraine ordered the Cabinet of Ministers of Ukraine "...to draft a bill providing the participation of the representatives of the formerly deported peoples, returning to Ukraine, privatization of, the state - owned property...". Encouraged by the Decree snylis demanded a special item on participation of the compatriots in privatization to be included in the 1996 - 1997 State Privatization Program. But it was far from it! Instead of providing the participation of the entire number of the repatriates returned to Crimea in privatization process, conserving till 2000 the State - owned Property for those who are still in the sites of deportation, creating the Restitution Fund and other conditions, there was the following stated in the 1996 State Program: "The Government shall provide participation of the deportees, returning to Ukraine in privatization. The Mechanism of participation shall be designed by the Cabinet of the Ministers."
259.	The terms of drafting were also determined. However the Cabinet of Ministers had been doing nothing in this respect. The officials had referred to the difficulty to work out the mechanism. We were urged to graft a bill named "The Regulation on Participation of the formerly deported persons in privatization process of the State - owned enterprises" as well as Drafts for the Presidents Decrees and the Resolution of the Cabinet of Ministers on enactment the Regulation. All these drafts were dully handed to the Cabinet of Ministers, the State Property Fund of Ukraine, the State Committee on National Migration of Ukraine.
260.	Long - lasted difficulties in agreement of these drafts to numerous Ministries and Departments of Ukraine and Crimea, which in consequence took us 3 years, had begun.
261.	State officials were not willing to adopt any legal acts and entitle our people to participate in privatization process because according to the Official Letter provided by the Cabinet of Ministers, Leonid Kuchma - the President of Ukraine brought this issue out of his control.
262.	The Draft of the Annual Program for privatization of the State - owned Property of Ukraine did not mention about this even.

Non-access to Land

263.	The State property privatization, in particular the privatization of land, in Crimea has almost reached its culmination. However, the participation issue for the formerly deported peoples is unsettled up to nowadays what in fact ignores the interests of persons of a certain ethnic identity which (taking into account the perspective of return of the deportees to Crimea) constitutes about 25 per cent.
264.	Only 4,5 thousand persons out of 87,5 thousand able - bodied Crimean Tatars were jobbed in joint stock, agricultural, co-operative and collective undertakings in 01.01.1999. The most part of Crimean Tatars were deprived the right to land plots and a possibility to place in a job. The Land Reserve Fund of the Republic of Crimea, set up under the President's Decree ¹ 720/95, dated August 8, 1995 possesses 121,6 hectares to be allotted as a private property to all individuals are engaged in the agricultural sphere, farmers and those who are willing to live in rural areas, but deportees.
265.	According to estimations in order to meet requirements of the deportees returning from sites of deportation the Land Reserve Fund is supposed to be widened.
266.	The exclusion of Crimean Tatars from privatization process, particularly land privatization, fraught with unpredictable social consequences. It is remarkable that 70 per cent out of 250 thousand Crimean Tatars who have returned to Crimean are currently residing in rural areas. The point is not only that the most part of the population are deprived of production facilities and favorable living conditions, but also a great potential of traditional skills of Crimean Tatar in agriculture has been unused.
267.	In order to relief or perhaps to eliminate social tension in Crimea, related to the land and state -owned property privatization. It is essential to amend the President's Decree where the interest of the Indigenous People of Crimean would be covered.
268.	Otherwise there is no use for Crimean Tatar to participate in the privatization process by this way.
269.	Those conclusions placed below were received by the search ordered by UNHCR.
270.	"Most pressing is the inability of non-citizens to privatize their household plot or take part in privatization of enterprises. The deadline for free privatization of household plots is January 1, 1998 - though it is expected to be extended since only approximately one third of the plots in Ukraine have been privatized. (Social Assessment of the Formerly Deported Population in Autonomous Republic of Crimea. C.2.p.26)

Poverty

271.	Although poverty was not unknown in Soviet times, the dimensions and definitions of poverty have changed. Respondents generally define their living standards in two ways: over time and comparatively within their community. When living in Central Asia during the Soviet period and afterwards, most FDPs did not consider themselves poor. They were able to afford housing and had enough money to cover basic purchases - food, clothing, utilities, education and medical care. Leisure was a right of the worker and most took vacations. City residents went to cultural events. Many had summer homes. In contrast, today in Crimea, the majority of Crimean Tatar households said that they spend most of their income on food and very little on other basic needs. A poor family is one that does not have enough money to eat
272.	When comparing themselves to other communities, the Crimean Tatars consider themselves poorer than Russians and Ukrainians because: - they lack permanent housing; - they live in crowded, unfinished or temporary construction; - they have lower access to infrastructure, transportation and social services; - many lack formal employment or have had to accept menial, low-paid jobs; - they have less effective networks and local representatives.
273.	When comparing the priorities of Russian, Ukrainian, and Crimean household, it becomes evident that, as a group, Crimean Tatars are in more precarious social-economic situation. However, individual households of all ethnic groups are likely to be in similar situations with regard to incomes, but only a minority - those living in hostels - is a subject to the poor housing conditions. Within the general population, young families starting with no assets find themselves in a similar housing crunch as the Tatars. Pensioners and families with weak or limited support networks also suffer disproportionately from the lack of effective social net.
274.	A comparison between Crimean Tatars communities also reveals relative poverty. Compact settlements settled late (after 1991) reflect the sudden decline in a household's ability to meet basic needs as well as the government's reduced budgetary capacity. The settlements have more incomplete homes and are more sparsely populated. The later compact settlements are also more likely to have the least infrastructure - no piped drinking water supply, electricity, roads, let alone heating, drainage and sewers.
275.	According to our research, absolute poverty exists in both urban and rural areas among Crimean Tatars but varies in its definition. In villages, the definition of poverty was often limited to seasonal hunger. Poor and very poor families run out of food in the late winter and early spring. Seasonal hunger exists because of isolation from markets, lack of cash salaries and unpaid salaries. As a result, families reported routinely eating animal feed in the late spring (April and May when food supplies are exhausted) and stealing for survival. In a village in Belogorskii region, only 26 kilometers from Simferopol, a group of respondents estimated that 20-25 households of a total of 300 Crimean Tatars families eat "otrub"(used, as animal feed, is unprocessed bran left over after milling wheat flour) in spring time. In Vodopolnoe, Thcenomorskii Region, families said that they and their neighbors feed otrub to their children because they run out of wheat flour and other grains. One mother said she had received only 5 per sent of her salary from the collective farm that is 13-15 grivnas to live on the entire winter. As a result, her family went without salt for two months because her husband forbade her to ask her neighbors for handouts and she could not afford to buy it.
276.	This poverty criteria based on food availability reflects lower expectations than urban residents because of long-standing shortages of medical, transportation and educational services as well as acute deficits of consumer goods. In order to compare more accurately urban and rural families, second indicator-other than food-should be used such as shoes for children, foregoing medical treatment and school absenteeism. Rural families commonly lack access to those goods that require cash payment, such as school supplies, medicines, public transportation, utilities (water and electric fees, rent) and government certificates and documents. In Belogorskii region, the head of the collective farm estimated that 20 children (out of 630 children residing in the village) do not attend school regularly because of lack of clothes. He estimated that a family needs to spend approximately 200 grivnas to prepare a child for the first day of school.
277.	Among villagers, distinctions can be made between families that have recurrent cash expenditures, such as families with school - age children or with chronically or seriously ill family members, with grown children and healthy working adults. In Vodopoynoye, parents of school children were significantly worse off than parents of grown children. Parents with school children had regular expenses-shoes, supplies-while others could save these small amounts for a rainy day or use it on transportation. As a result, seven-year-old children were not sent to the first grade because parents did not have the cash for shoes, clothes and other supplies. Village workers on the collective farms commonly forego treatment even of fatal diseases because of their lack of access to cash incomes.
278.	In cities, respondents measure their poverty in terms of quantity but also quality of food, housing, adequate clothing, access to social services, and cultural activities. Most families were poor according to these criteria. Access to production from a household plot -of relatives in villages - has kept many from falling into complete destitution. Cash from self-employment (selling vegetables in the market, frying thcibureki) also provided minimal sums sufficient to meet basic food and education needs. (Social Assessment of the Formerly Deported Population in the Autonomous Republic of Crimea, c.3.p.31-34) /improved effectiveness of privatized enterprises is also slowed by privatization conditions. Privatized enterprises are required to retain the same production profile for two to five years and are not allowed to fire employees. These conditions slow the development of the competitiveness and new sectors.
279.	Advantages are given only to full-time employees of enterprises engaged in the privatization process. Therefore, Crimean Tatars are likely to be less well placed for privatization because a greater percentage are not 1) employed full-time or 2) excluded from management positions where they can make important decisions guiding privatization. (Social Assessment of the Formerly Deported Population in the Autonomous Republic of Crimea c.3.p.70-71).

Restrictions of Choice of a Place of Residence and Manipulations with Re-Settlement

280.	Settlement patterns are shaped by:
281.	-ancestry: Crimean Tatars said that their primary criteria was to return to the village of their ancestors, however, in reality returning families have met with a more complex set of issues;
282.	- afford ability of homes compared to receipts from sales of homes in Central Asia;
283.	-receptivity of local authorities: e.g., pressures on local sellers, refusal to formalize a purchase of a home, refusal to grant propiska (permission for residence), refusal to grant employment;
284.	-legal obstacles to settlement: A formal ban on Tatars settling on the southern coast was only repealed recently; including persisting requirements that Tatars wanting to settle in Yalta demonstrate ancestry in the region. For many, however, proof of ancestry was destroyed when the Soviet army burnt the mosques where birthe records were kept for Tatars born before 1928;
285.	-slow implementation of municipal decisions to distribute household plots for construction. For example, in Yalta, 3,288 household plots had been planned, but only 1,0002, or 31 percent, had actually been distributed by September 1997.
286.	As a result, the Tatar population is well above the Crimean average of the population in many rural region and in the steppe zone of Crimea (See appendix 5) - such as:
287.	-Belogorskiy region (32 percent of the total population of the region);
288.	-Sovietskiy region (26 percent);
289.	-Pervomayskiy region (24.8 percent); and
290.	Simferopolskiy region (22.2 percent)
291.	Meanwhile, certain historically Tatar regions which were closed to resettlement, such as the Southern coast, still have maintained a very lowl Crimean Tatar population in 1997 (See appendix 5). For instance:
292.	only 0.9 percent of the population was Tatar in the city of Yalta (compared to 50 percent in1939);
293.	for the city of Alushta - 4.3 percent Crimean Tatar (compared to 63 percent in 1939); and
294.	for the city and region of Sudak combined - 15 percent Crimean Tatar (compared to 70 percent in 1939).
295.	(from Social Assessment of the Formerly Deported Population in the Aurtonomoius Republic of Crimea, p.p. 9-12).
296.	The policy f authorities is to prevent the very possibility of the appearance of Crimean Tatars in the resort areas of the Southern Coast of Crimea. The special decision of the Region Council of Crimea in 1990 was adopted which strictly prohibited particularly for Crimean Tatars the resettlement in 12 districts of Crimea. The Ukrainian Government supported this decision although it was the open act of the racial discrimination. Nor the General Prosecutor of Ukraine nor any other State body abolished that decision despite the number of the appeals of Crimean Tatars. Only in the beginning of the 1997 the Crimean Tatar faction in Supreme Council of Crimea achieved the abolition of this decision using the inner parliamentarian interests of other deputies groups.
297.	Another very important point of Governmental policy is to prevent the very possibility .the Crimean Tatars to become a majority of population in any Crimean district or city. It allows to the authorities to ignore the political and cultural claims of Crimean Tatars even on the local level and to prevent the victory in elections.

Non-Sharing of Benefit from Natural Resources

298.	No less important is to guarantee that the use of natural resources as well as all actions affecting the social-economic development of Crimea will be accomplished with consideration of the interests of Crimean Tatar People.
299.	The right to deal freely with natural resources, as a basis for economical, social and cultural development does not exist for Crimean Tatars.
300.	Prior to deportation 73% of Crimean Tatars had been lived in foothills, mountain areas and in the Southe coastline of the Crimea. Their section in the population of the Crimea of this part was about 53%. The only state to the land property was officially proclaimed in the Soviet Union. However those were the Crimean Tatars who actually possessed the collective farms and used that part of Crimean land because Crimean Tatars, who lived on these territories were the same time the members of the Collective Farms. Before, the land was belonged by them, under traditional right (before Russian annexation of the Crimea), or the right of private property (before so-called Socialist Revolution and nationalization of a land). At present, Crimean Tatars in a population of the Southern coastline do not overdraw 0,5%. The process of the privatization of the land has begun already. Crimean Tatars are pushed aside of this process, because of financial insolvency (all their money are spent by repatriation and a settlement by own efforts), as well the legal mechanisms were specially established (the privileges for privatization to the enterprises and persons being now in these lands). There are legal restrictions for return of Crimean Tatars to Southern coastline.
301.	Thus, one of the most containing valuables of natural resources of the Crimea- lands of the Southern Crimea are irrevocably seized from Crimean Tatar People. The same situation is in Kerchen peninsula of working area of ironstones, using agricultural lands in Northern Crimea and working deposits of natural gas in shelf of the Black Sea.

Article 16

The Parties shall refrain from measures which alter the proportions of the population in areas inhabited by persons belonging to national minorities and are aimed at restricting the rights and freedoms flowing from the principles enshrined in the present framework Convention.

Demographic Balance and Migration Processes in Crimea

302.	In 1783, at the time of the annexation of the peninsula by Russia (which followed the defeat of the Crimean Tatar Khanate of 1774), Crimean Tatars represented 83 percent of the total population of Crimea, with Russians and Ukrainians comprising respectively 5.7 percent and 2.9 percent of the population. Once controlled by the Russians, Crimean Tatars were systematically deprived of power and resources - namely land -, which led to mass emigration. Emigration and deportations of the Crimean Tatar population that lasted until the 1860s succeeded in changing dramatically the demographics of the peninsula in the favor of the colonizing Russians. By 1937, the Russian population represented 47.7 percent, the Tatars, 21 percent, and the Ukrainians, 12,8 percent. After deportation in 1944, and until 1989, the Crimean Tatars represented a minuscule minority - 1,5 percent of the population, with the Russians making up two thirds of the population and the Ukrainians one quarter. In 1993, Russians represented a decreasing majority of the population (61,6 percent), followed by Ukrainians (23.6 percent), and Crimean Tatars (9.6 percent). By the end of 1996, Tatars already made up 11,9 percent of the population.(Social Assessment of the Formerly Deported Population in ARC c.1.p.2).
303.	Within four years of deportation, according to Crimean Tatar sources, half of the estimated 200.000 deported Crimean Tatars perished. Inadequate housing and food, insufficient infrastructure, and a hostile climate contributed to high and mortality rates. The Crimean Tatars were required to report weekly to the local administration. They were allowed to leave the immediate area. They were barred from higher education and management posts. Meanwhile, in the Crimean peninsula, the Soviet authorities, after removing the Tatar culture: they resettled the area with Russians, destroyed Tatar religious sites, cultural monuments, burned Tatar literature and Russianized the names of towns and villages.(Social Assessment of the Formerly Deported Population in ARC c.t.p.5-6). So Crimean Tatars have enough arguments to define their deportation and followed up policy as an act of genocide. This is in correspondence with the analyses of international experts (UNO Doc.: E/CN.4/Sub.2/1993/17, 213).
304.	But Ukrainian Government prefers not mention about the genocide or even about the Human Rights violations against Crimean Tatars. There are some reasons: - beginning from the 1954 the Government of Ukrainian Soviet Socialist Republic was one of the co-organizers of this violations; - Ukrainian Government still hasn't restored the rights violated by the deportation so objectively this crime is still continuing on the fault of the Ukrainian Government; - Ukrainian Government recently created the legal and political basis for new violations; - Ukrainian Government violates the fundamental individual rights and freedoms of Crimean Tatars. The right for life and freedom against tortures to be included; - Ukrainian Government doesn't call for the responsibility and keep in their positions those officials and public figures in Crimea who are personally guilty for the racial discrimination and Human Rights violations (including pogroms, murders, arbitrary detentions, executions and administrative exiles) of Crimean Tatars in 60the - 90th. For example the Judge of Criminal Chamber of High Court of Autonomous Republic of Crimea Mrs. Roditeleva who led the-criminal processes in 60the -80the against the Crimean Tatars for the non-permitted coming back to Motherland.
305.	It may be illustrated by the following. After the deportation of Crimean Tatars the special policy of the wide scale immigration and implantation of the new settlers were arranged by the Soviet Government. Since the 1954 these actions were supported and partially organized by the Ukrainian Governments as well (there was a practice of the bringing new-settlers from different parts of continental Ukraine into Crimea). At the same time even after the liberation from the concentration camps in 1956 it was strictly forbidden for the Crimean Tatars to come back to their Motherland by the law. Those formerly deported peoples of the USSR who were liberated in 1950the mostly were allowed to repatriate and even to reestablish their national autonomous statehood in the framework of the USSR as Kalmiks, Chechenians, Ingushes, Balkars etc. But it was the position of Ukrainian Government to try to prevent the repatriation of the Crimean Tatars to their Motherland and to fulfill the Crimean peninsula with the settlers of other ethnic origin.
306.	The intention of the Ukrainian Government to stop the Crimean Tatars repatriation in the 1950the - 1980the was not based on the economic, social or environmental reasons. There was enough space at that time in Crimea for settlement and possibilities for the employment. The best proof is that between 1967 and 1987 more then 1 500 000 of people mostly Russians and Ukrainians were invited and implanted in Crimean due to the Governmental migration efforts. But the thousands of the families of Crimean Tatars who decided to come back to Crimea inspite of the prohibition became the victims of the Criminal Prosecution, detention and arbitrary exile. Some of Crimean Tatars were made to use those forms of the defense of their families as self-burn (well - known in Crimea incident with the tragic death of Musa Mamut on 26the of June of 1978).
307.	Other point is that at the end of the 1980^th-beginning of 1990^th the tens of thousands of Crimean Tatars started their mass repatriation. The Government didn't want and couldn't accept those people. But if as a least the Ukrainian Government would grant the plots of lands for the construction of the houses for Crimean Tatars by their own hands and with their own finances in 1990 - 1991st the process of the repatriation and resettlement of this people would finish already. Automatically the problem of the Ukrainian citizenship would be solved because the majority of Crimean Tatars would receive it as the residents of Ukraine till the 13^th of November of 1991.
308.	Inspite of this Ukrainian Government refused to give the land for the Crimean Tatars but at the same time it distributed for the post-deportation and settlers in Crimea for the rest houses and villas more the 150 000 plots of lands. It would be enough for entire Crimean Tatar people. In order to prevent the occupation of land by the Crimean Tatars de-facto Ukrainian Parliament strengthened the criminal penalty for that behavior and allowed using of the special militia troops against squatters. The authorities with the participation of militia, National Guard and paramilitary civilian troop in 1989-1992 arranged more them 20 cases of the pogroms of the newly built Crimean Tatar's settlements and temporary tent camps.
309.	Those measures didn't stop the Crimean Tatars but they slowed up the repatriation. The burst of inflation in 1991st - 1993rd burned the private money of the Crimean Tatars and created that situation which The Crimean Tatars have now.

Claim for State Program of Repatriation

310.	When it had become obvious that the Government couldn't prevent the repatriation of the Crimean Tatars and as a result of the mass actions of the protests including clashes in 1992 between the Crimean Tatars and special troops of militia the Government changed the tactics partly. It is necessary to keep in a mind this context in order to understand the information placed below. So a claim to establish the special Governmental Program of the Repatriation is based on a very justified ground.
311.	So Crimean Tatars claim the Government Assistance Program for the repatriation and resettlement.
312.	“In 1989, a repatriation program financed by the Former Soviet Union began, allowing the repatriation of 50,000 persons per year. Since independence in 1991, Ukraine, largely unassisted, has been financing a resettlement program for the Crimean Tatars. The real value of the program totaled only 14 million dollars by mid-1996. Throughout its existence, the program chronically failed to meet its construction targets and is now mostly reduced to a trickle. The end of 1996 interrupted financing of capital investments (construction of new housing and infrastructure). Today, Goskomnats (State Committee on the Nationalities and Migration) programs are limited to funding apartment and communal housing (obshejitie) rental subsides (50 percent of cost of private apartment below a set norm); ad hoc emergency health subsides to vulnerable families; and reimbursement of transport costs associated with resettlement from the country of exile (i.e., third class train ticket and leasing of the one container). Needless to say, the program is not perceived as meeting local needs. (1-The State Committee on Nationalities (Goskomnats), funded by the Ukrainian budget, was and remains the single founder of capital improvement projects benefiting the FDPs and in particular the Tatars-city, district and village budgets were and are still not commonly used to meet these needs). (Social Assessment of the Formerly Deported Population in ARC c.1.p.8-9).
313.	Goskomnats estimates that 148 million dollars are needed to complete all the infrastructure for the compact settlements. Because of the economic crisis, budgetary delays, and inflation, the capital investment program has failed to meet its targets year after year. In 1991, the program completed 65 per cent of its planned target for home construction and 66 per cent of the planned water supply.
314.	By 1996, only 18 per sent of the planned water and electric supply lines were completed. In 1996, the program met with serious difficulties because of further decreases in allocated funds and major delays in their transfer to the Goskomnats. By early 1996, only one-fifth of the money allocated for the capital investment projects (28 million grivnas) had reached Goskomnats. This bought about a virtual termination of the program, cessation of activities, and workers placed on forced unpaid leave or laid off”.
315.	Source: Goskomnats 1991-1996. Note: For 1997, by 7/7/97, of 97 km of electric supply, 2,5 km were completed; of 54,6 km of water supply, none were completed.
316.	Completed construction by Goskomnats-financed firms, in the context of the capital investment program in support of the return of Crimean Tatars, 1991-1996. (Social Assessment of Formerly Deported Population in ARC.c.3.p.43).
317.	Ukraine is unable now to find the money for the resettlement of Crimean Tatars in its own sources. Mejlis of Crimean Tatar People not one time applied to the Government with the proposal to establish the advantageous regime for those sponsors or investors who would take part in the program of the financing and employment of Crimean Tatar people. Government was failure to do it.

Article 17

1.The Parties undertake not to interfere with the right of persons belonging to national minorities to establish and maintain free and peaceful contacts across frontiers with persons lawfully staying in other States, in particular those with whom they share an ethnic, cultural, linguistic or religious identity, or a common cultural heritage.
2.The Parties undertake not to interfere with the right of persons belonging to national minorities to participate in the activities of non-governmental organizations, both at the national and international levels.

318.	The Ukrainian Government does not violate this article.

Article 18

1.The Parties shall endeavor to conclude, where necessary, bilateral and multilateral agreements with other States, in particular neighboring States, in order to ensure the protection of persons belonging to the national minorities concerned.
2.Where relevant, the Parties shall take measures to encourage transfrontier co-operation

319.	See the comments to the article 2 and 4.

Article 19

The Parties undertake to respect and implement the principles enshrined in the present framework Convention making, where necessary, only those limitations, restrictions or derogations which are provided for in international legal instruments, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms, in so far as they are relevant to the rights and freedoms flowing from the said principles.

320.

Unfortunately as it was demonstrated above the Human Rights of Crimean Tatars are unable to be protected without the establishment of special mechanisms of their realization. But Ukrainian Government tries to escape its responsibility for these measures and even sometimes it still takes measures directed against the very possibility of equal Human Rights of Crimean Tatars

Article 20

In the exercise of the rights and freedoms flowing from the principles enshrined in the present framework Convention, any person belonging to a national minority shall respect the national legislation and the rights of others, in particular those of persons belonging to the majority or to other national minorities.

321.	The goals of the Crimean Tatar National Movement is to restore the national and human dignity, inherent natural Rights and Freedoms of the Crimean Tatars on their Motherland.
322.	Mejlis of Crimean Tatar people doesn't put forward the task to replace the ethnic dictatorship of the after-deportation Russian-speaking majority by the ethnic domination of the Indigenous People. The present situation in Crimea pre-determines for the future the construction of so kind of the political, legal, cultural and linguistic system in Autonomous Republic of Crimea which should be based on the balance of the interests of different ethnic communities Indigenous and non-Indigenous.
323.	The best way from the point of view of Crimean Tatars is the normal legal regulation and establishment of the Rules that would correspond to the interests of Crimean Tatars (and consolidated with them two other small Indigenous communities as Karays and Krimchaks) and to the Russian-speaking and Ukrainian population of Crimea. At the same time it should be in the context of the Constitution and the sovereignty of Ukrainian State.
324.	However the lack of readiness of the political leadership of the majority of Crimean population and Ukrainian Government for the recognition of this approach makes Crimean Tatars to use different ways of the defending of their rights including mass protests and civil disobedience.
325.	Nevertheless the struggle of Crimean Tatar people for its rights keeps the non-violent, non-partisan and democratic character.

Article 21

Nothing in the present framework Convention shall be interpreted as implying any right to engage in any activity or perform any act contrary to the fundamental principles of international law and in particular of the sovereign equality, territorial integrity and political independence of States.

326.	Crimean Tatar National Movement in its mainstream and particularly Mejlis of Crimean Tatar people as only highest plenipotentiary representative body of Crimean Tatar People consequently support the territorial integrity and State sovereignty of Ukraine. It were Crimean Tatars voters who ensured the victory of the referendum on the question of the independence of Ukraine of the 1^st of December 1991 in Crimea.
327.	Crimean Tatars being in minority in Crimea were the main political party who open stayed for the territorial integrity of Ukrainian State against pro-Russian separatist movement in Crimea in 1990 - 1998. Sometimes it was connected with the risqué to become the subject of the armed violence from the most militant wings of the pro-Russian separatist movement, which in-1994 -1998 occupied the leading positions in the local power bodies.
328.	Crimean Tatar People supposes that the best solution of its problems should be found as a legal settlement at the framework of the Constitutional system of Ukraine.
329.	At the same time Crimean Tatars don't accept the position that violation of their Human Rights may be considered as an internal affair of Ukraine. So far as Ukrainian Government is failure to find the constructive approach for the recognition of all complex of the natural inherent rights of Crimean Tatar People the Crimean Tatars National Movement will be continuing its struggle for the national and human dignity of Indigenous People of Crimea using all meanings in conformity with the International Law in force.
330.	It is not the fault of the Crimean Tatars or their Mejlis that Ukrainian Government tries to escape the negotiations and looking for the positive solution in the regime of the dialog with this people.
331.	There is a hope that the influence of the International Community may catalyze this process.

Article 22

Nothing in the present framework Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms which may be ensured under the laws of any Contracting Party or under any other agreement to which it is a Party.

332.

We demonstrated that for the ensuring of the Human Rights of Crimean Tatar People the active strategy of the positive actions is demanded. This view is in a full conformity with the provisions of the Convention and other international Instruments protecting the Human Rights of the national, ethnic and racial groups. Constitution of Ukraine declares the priority of the Human Rights at the activity of the State (article 3) and the necessity of the protection of the rights of the Indigenous Peoples as well (articles 11 and 92). Unfortunately it is not understandable for the Ukrainian Government yet.

Article 23

The rights and freedoms flowing from the principles enshrined in the present framework Convention, in so far as they are the subject of a corresponding provision in the Convention for the Protection of Human Rights and Fundamental Freedoms or in the Protocols thereto, shall be understood so as to conform to the latter provisions.

333.	It would be very desirable that the Convention for the protection of Human Rights and Fundamental Freedoms would be supplemented with the special protocol on the protection of the rights of the National Minorities and Indigenous Peoples.
334.	No less urgent is to add the Framework Convention with the provisions promoting the Rights of the Indigenous peoples on the basis of the practice of democratic States having the experience of the dealing with these peoples as Scandinavian ones for instance.

Appendix 1

Crimean Tatars running positions in executive branch
of the Autonomous Republic of Crimea both at local
and all – Crimean levels, as well as in state -owned organizations,
02.01. 1998 – 04. 01. 1999

January 1, 1998

Name of town, region of Autonomous Republic of Crimea	General numbers of working in local bodies of government	Number of Crimean Tatars employed in local bodies of government	In %
Autonomous Republic of Crimea
Armyansk	49	1	2,0
Dzhankoy	X	X
Evpatorya	108	3	2,7
Kerch	247	7	2,8
Krasnoperekopsk	46	2	4,34
Saki	58	3	5,17
Simferopol	X	X
Sudak	65	1	1,5
Feodosya	X	3
Yalta	146	3	2,0
Bakchisaraysky region	36	2	0,5
Belogorsky region	X	X
Dzhankoysky region	136	2	1,47
Kirovsky region	93	8	8,6
Krasnogvardeysky region	139	3	2,16
Krasnoperekopsky region	63	2	3,17
Leninsky region	X	X
Nizhnegorsky region	75	3	4,0
Pervomaysky region	137	20	14,5
Razdolnensky region	42	1	2,4
Saksky region	X	X
Simferopol region	45	4	8,8
Sovetsky region	69	4	5,8
Chernomorsky region	72	7	9,7
Zheleznodorozhny Soviet of Simferopol	60	2	3,3
Kievsky Soviet of Simferopol	127	4	3,14
Central Soviet of Simferopol	163	7	4,2

Note: x-no information

Name of executive body of government of Crimea	General numbers of working in executive body of the Government of Crimea	Number s of Crimean Tatars working in executive body of Government of Crimea	%
Council on religion by Council of ministers of ARC	5	1	20
Republican committee on information of ARC	13	0	0
Republican committee on architecture and town-planing	18	1	5,5
Ministry of culture of ARC	24	1	4,16
State committee of Ukraine on gardening and wine industry. Agro-industrial complex "Crimsovhozvinprom"	43	2	4,7
Republican committee of protection and using of monuments of history and culture	18	0	0
Ministry of labor and social protection of ARC	84	8	9,5
Supreme court of ARC	45	1	2,2
Republican committee on fish economy and fish industry of ARC	7	0	0
Republican committee on housing-municipal economy of ARC	43	2	4,7
Ministry of communication of Ukraine. Crimean Republican enterprise of post communication "Crimpost"	4800	256	5,3
Republican committee on protection on environment and natural resources of ARC	107	0	0
Ministry of communication of Ukraine. Crimean republican enterprise "Crimrtelecom"	5867	186	3,17
The Main Department of MIA of Ukraine in Crimea	10000	213	2,13
State television broadcasting company "Crimea"	450	38	8,4
Republican committee on physical training and sport of	17	2	11,8
State committee on geology of Ukraine. Public geological enterprise "Crimgeology"	1152	31	2,7
Republican committee on land resources of ARC	24	2	8,3
Ministry of economy of ARC	71	1	1,4
Department of state committee on secrets of ARC	4	0	0
The main department of justice of Ministry of Justice of Ukraine in Crimea health resort and tourism of Crimea	X	14

Note: x-no information

The 1999 situation had changed even to the worse side due to the absence of the representation in the Crimean parliament and reduced the political influence. Now there are only 120 Crimean Tatars employed as public servants in governmental bodies of Autonomous Republic of Crimea. Partly it can be illustrated in the following:

April 1,1999

#	State body or organization	General numbers of working in local bodies of government	Number of Crimean Tatars employed in local bodies of government
1.	The Ministry of Economy of Crimea	86	1 (1,2%)
2.	Republican Committee on Nationalities	32	16 (50%)
3.	Anti monopoly Committee of Ukraine (Crimean Branch)	*	16%
4.	The Crimean regional Custom Office	Refused to provide required data
5.	The Committee on Religions within the Cabinet of Minister of the Autonomous Republic of Crimea	5	1 (20%)
6.	Ukrainian State Retirement Fund, Republican Head Office for Crimea	583 (including rural and urban areas)	13 (2,2%) - the Head office
7.	The State owned property Fund of the Autonomous Republic of Crimea	Refused to provide required data
8.	Republican Employment Agency Center of the Autonomous Republic of Crimea	61 -central office 362 - districts and urban areas	6 (9,8%) - central office 11 (3%) - districts and urban areas
9.	Republican Committee of Information	13	0%
10.	Republican Committee on Land Resources	33 -Head Office 272 - local branches	2 (6%) - Head Office 18 (6,6%) - local branches
11.	Republican Committee for Awards	2 - Head Office	0%
12.	The Ministry of Justice ofUkraine to the Autonomous Republic of Crimea (Head Office)	54 - Head Office 732 - districts and urbanareas	0 %- Head Office 12 (1,6%) districts and urban areas
13.	The Ministry of Treasure of Ukraine to the Autonomous Republic of Crimea (Head Office)	43 - Head Office 251 - districts and urban areas	2 (4,7%) - Head Office 6 (2,3%) - districts and urban areas
14.	The Ministry of Timber Industry	34 - Head Office 1410 - districts and urban areas	0% - Head Office 99 (7%) - districts and urban areas
15.	Republican Committee of the Maintenance of Cultural Monuments	14	No required data provided
16.	Council of Ministers of the Autonomous Republic of Crimea. Office of External Relations and Protocol	10	1 (10%)
17.	Republican Committee on Natural Resources and Environment Maintenance	105	0%
18.	Republican Housing Authority of Crimea'	3 3-Head Office 24518 - under - umbrella offices	2 (6%) - Head office
19.	Krym Geologiya the State Geological Enterprise	984 - sub - offices 36 - Head Office	26 - (2,6%) sub -offices 0% head office
20.	Republican Committee for Water Resources	30 - Head Office 3719 - districts and urban areas	1(3,3%)-Head Office 315 (8,4%)-districts and urban areas
21.	Council of Ministers of the Autonomous Republic of Crimea	982	Refused to provide required data
22.	The Ministry of Public Health Care	Refused to provide required data
23.	The Ministry of Agricultural Complex	Refused to provide required data
24.	The Ukrainian President's Permanent Representation Office to Crimea	32	4 (12,4%)
25.	The State Security Service, Crimean Head Office	Refused to provide required data
26.	Republican Migration Office, Council of Ministers of the Autonomous Republic of Crimea	4	0%
27.	Republican Committee on Family and Youth Issues, Autonomous Republic of Crimea	15-Head Office	0% Head Office
		86 - districts and urban areas	2 (2,3%)

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' Responsible for the provision of essential services, dealing with complaints, etc
* No data provided