Project Co-ordinator in Ukraine

4.8 Project Co-ordinator in Ukraine

Background

The OSCE Project Co-ordinator in Ukraine (PCU) acts according to the MoU signed between the OSCE and the Government of Ukraine on 19 July 1999. The aim of this co-operation is to support Ukraine in fulfilling OSCE commitments through the adaption of legislation, structures and processes to the requirements of a modern democracy based on the rule of law. This co-operation focuses on the planning, implementation and monitoring of projects involving relevant Ukrainian authorities, the OSCE and its institutions. Such projects may cover all aspects of OSCE activities and may involve governmental as well as non-governmental organizations of Ukraine. The OSCE PCU’s police-related activities are implemented through its Democratization and Good Governance Programme and Rule of Law and Human Rights Programme.

In accordance with the MoU, the staff of the OSCE PCU is composed of a core of internationally and locally hired staff required for the implementation of the projects. The size of the Co-ordinator's expert staff may change as required by projects. In 2013, the total number of international staff funded under the Unified Budget was three.

Organized Crime

In 2013, the PCU continued to support national efforts in the sphere of combating organized crime. As a logical continuation of the 2012 project, which contributed to the enhancement of prognosis of the major patterns of the crime situation and assessment of the threats and scale of organized crime on national, regional and international levels, in 2013 the PCU focused on the development of a methodology to manage risks in the sphere of organized crime and its implementation by the law enforcement agencies involved in combating organized crime. The PCU established a working group comprised of national high-profile specialists in this sphere with the view to develop a manual on Organized Crime Risk Management

To facilitate expert discussions on the subject, on 26 June, the PCU organized a roundtable

“Risk Management in the Sphere of Combating Organised Crime in Ukraine: Issues of Development and Further Implementation” attended by 30 prominent experts, law-enforcement officers and academia. Participants aimed to formulate a joint position on the methodology application.

Criminal Justice Reform

In 2013, in response to the request of the Supreme Court of Ukraine, the PCU provided support in facilitating Ukraine’s compliance with the country’s OSCE commitments in the sphere of fair trial guarantees. On 8-9 July, the PCU organized a study visit for five judges of the Supreme Court of Ukraine to the French Cour de Cassation in order to study the

methods, techniques, approaches and experience of securing coherence and consistency of judicial application of fair trial guarantees in criminal procedures.

On 5 November in Simferopol, 12 November in Lviv and 26 November in Kyiv, the PCU in co-operation with the Supreme Court of Ukraine and National School of Judges organized three regional seminars for the judicature, law enforcement and legal professionals with a focus on the approaches, methodologies and procedures of implementing fair trial guarantees and practical aspects of enforcing the Criminal Procedure Code of Ukraine. The events, attended by more than 100 judges and legal professionals, focused on such issues as coherence and consistency of fair trial guarantees application in the criminal procedure, the role of the Supreme Court in safeguarding such coherence, and ways and means to overcome systemic problems in this sphere.

On 19-20 September, the PCU supported an International Conference on “2012 - Criminal Procedure Code of Ukraine: Procedural and Substantial Aspects” in Lviv, organized jointly by the PCU, the Supreme Court of Ukraine and Lviv State University of Interior. The conference gathered 100 participants from Moldova, Poland, Russia and Ukraine and focused on theoretical and practical problems of criminal substantive and procedural law as well as the ways and means to improve the criminal legislation in conformity with European standards.

Discussions of both, scholars and practitioners, were devoted to the newly-adopted Criminal Procedure Code of Ukraine, addressing experiences of its application and the search for the means and ways of its further development.

Counter-Terrorism

In 2013, in close co-operation with the TNTD’s ATU and SPMU, the PCU supported Ukraine’s national policies to strengthen national security and foster international co-operation in the sphere of combating terrorism.

On 24 May and 14 June, two regional information seminars on the “OSCE Role in the European Security Architecture” were held in Lviv and Dnipropetrovsk. The seminars aimed at raising awareness among senior officers of the Security Service of Ukraine (SBU) on activities and opportunities offered by the OSCE in the field of international security co-operation. The information seminars, attended by 60 SBU senior officers, were conducted by PCU staff with relevant expertise. Participants discussed the three OSCE dimensions as key components of European security, the history of the development of the idea of a security space from Vancouver to Vladivostok, OSCE commitments in the human dimension, including commitments related to freedom of mass media and law enforcement agencies as well as the PCU elections-related activities, and activities in the field of fighting trafficking in human beings.

In order to enhance international co-operation and to facilitate direct contacts and liaisons between the SBU and the OSCE security structures, on 20 June the PCU organized a high level visit of the Head of the Security Service of Ukraine to the OSCE Secretariat. During this visit, meetings and consultations on effective response to transnational organized crime challenges were held with the OSCE Secretary General and the management of the TNTD.

The visit provided an opportunity to identify the most efficient and effective ways of international security co-operation through the OSCE and facilitates the exchange of information and best practices.

On 27-28 August, the PCU organized a study visit of representatives and experts of the Anti-Terrorism Centre Headquarters of the SBU to the TNTD/ATU to explore modes of international co-operation in concrete cases in the field of combating terrorism. The study visit was devoted to issues of improvement of data collection and analysis, the development and use of risk and threat assessments; and the promotion of the exchange of information and best practices in the sphere of combating terrorism. The visit further promoted liaisons

between the ATU and the national competent authorities in Ukraine in the spheres of terrorism prevention, investigation and prosecution.

Trafficking in Human Beings

Following the adoption of the Law on Combating Trafficking in Human Beings and the subsequent subordinate legislation regulating the status of a victim of trafficking in human beings and the state assistance they are entitled to in the framework of the National Referral Mechanism (NRM), the PCU continued to support the NRM multiplication in the Ukrainian regions of Donetsk, Chernivtsi, Kharkiv, Khmelnitsky, Luhansk and Vinnytsya. Overall, since the launch of the multiplication in these six regions in July 2012, 5,129 social service providers, law enforcement officers, medical practitioners, teachers and media specialists have been reached in the framework of the training programme and other capacity-building project events, and the teams of trainers made up of regional governmental stakeholders have been formed. As a result of the above-mentioned capacity-building efforts and awareness raising activities, as of December 2013, 15 statuses of victims of trafficking in human beings (7 women, 8 men) were granted in the above regions.

In the framework of the preparatory work for further NRM roll-out in the new Ukrainian regions, in October-November, the PCU supported two-day introductory NRM seminars for members of co-ordination councils from seven more regions of Ukraine, namely, those of Kirovohrad, Kyiv, Rivne, Sumy, Volyn and Zhytomyr, and the city of Kyiv, reaching over 320 additional NRM stakeholders who learned to identify, refer and provide assistance to victims of trafficking at the local level.

To address new challenges related to trafficking in human beings and to help prevent trafficking in children and women, the PCU has been assisting the Ukrainian Parliament Commissioner for Human Rights in efforts to enhance national legislation related to the use of reproductive technologies, particularly, surrogate maternity. As an initial step, the PCU facilitated a desk research on international practices of legislative regulation of surrogate maternity. The research findings, translated into Ukrainian, were published in December 2013 and were planned to be distributed among Ukrainian stakeholders dealing with the legislative regulation of the surrogate maternity issue in 2014.

In November, the PCU, in co-operation with the Ukrainian Ministry of Social Policy, conducted a roundtable for consular officials and diplomats from 28 OSCE participating States, OSCE Partners for Co-operation and Ukrainian Government representatives to develop greater awareness of the trafficking problem and anti-trafficking efforts, including the role of embassies and consulates in combating this crime. Particular attention was paid to the National Referral Mechanism in Ukraine and to co-operation with the law enforcement authorities, including the specialized anti-trafficking unit in the Ukrainian Ministry of Interior (MoI), the State Migration Service and the State Border Guard Service. The activities of Ukrainian anti-trafficking NGOs were also presented at the event.

In its efforts to enhance prosecution of trafficking cases, the PCU, in co-operation with the Ukrainian MoI, the General Prosecutor’s Office, and the High Specialized Court for Civil and Criminal Cases, conducted two regional roundtables in Kyiv and Odessa in May. The roundtables gathered over 130 participants – representatives of the specialized anti-trafficking police departments, investigators, prosecutors and judges from all regions of Ukraine – with a view to discuss challenges in the prosecution of various forms of human trafficking. Particular focus was directed to ensuring a co-ordinated and victim-centred approach in prosecuting all forms of human trafficking, including trafficking for labour exploitation, and ways to address new trends, e.g. trafficking for the removal of organs.

Special attention was paid to the peculiarities of investigating and prosecuting human trafficking cases under the new Criminal Procedure Code of Ukraine.

In December, the PCU, in co-operation with the TNTD/SPMU, facilitated a visit of a group of Ukrainian law enforcement experts to Sweden to study the experience of inter-agency co-operation in the investigation and prosecution of criminal cases related to human trafficking as well as the issue of regulating prostitution and the influence of the prostitution regulatory mechanisms on combating human trafficking for the purpose of sexual exploitation.

The PCU also facilitated the translation of eleven criminal files related to human trafficking and cybercrime cases obtained within the mutual legal assistance procedure by specialized police units of the Ukrainian MoI.

The PCU also supported the participation of representatives from the Ukrainian Ministries of Social Policy, Foreign Affairs and Interior as well as the State Border Guard Service in a number of OSCE events in Vienna, namely the “13^th Anti-Trafficking Alliance” meeting (25-26 June); the OSCE Chairmanship Conference on the “Prevention of Illicit Drug Trade on the Internet” (24-26 July); and the TNTD/SPMU-organized seminar on the “Enhancement of Co-operation among Countries of Origin, Transit and Destination in Combatting Irregular Migration (29 October to 1 November).

Gender-Based Violence

In 2011 and 2012, the PCU assisted Ukraine’s Ministries of Social Policy and of Interior with the development of a new version of national legislation on preventing and combating domestic violence to reflect current approaches to the issue. In 2013, following the recommendations of the Ukrainian Parliament, the Ministry of Social Policy decided to continue working on the draft to introduce the provisions of the 2011 CoE Convention on Preventing and Combating Violence against Women and Domestic Violence that was signed by Ukraine, pending ratification. In August and September, the PCU supported a number of working meetings to discuss further amendments to the national anti-domestic violence legislation in line with the recommendations from the OSCE/ODIHR’s Legal Opinion prepared at the request of the Ukrainian Parliament Commissioner for Human Rights. The PCU also participated in a series of the OSCE/ODIHR experts’ working meetings with key Ukrainian stakeholders during their visit to Kyiv on 28-30 October.

In 2013, the PCU continued field visits to police educational institutions in order to analyse the implementation of the specialized police training course on combating domestic violence for cadets developed with the PCU’s assistance. From April to September, the PCU, in co-operation with the representatives of the Precinct Police Inspectors Service Department and Education Department of the MoI, conducted five field visits to regional Universities of Interior to monitor the implementation of the course. The outcomes of the visits were summarized, and recommendations on enhancing the teaching of the course in an interactive and result-oriented manner were presented to the MoI. In September, the outcomes of these visits were also discussed at a two-day national roundtable that gathered the heads of Precinct Police Inspectors Service from all regions of Ukraine and representatives from eight police higher educational institutions implementing the course. In addition, the participants of the roundtable and the representatives of Ukraine’s Ministry of Social Policy discussed ways to streamline approaches and enhance co-ordination in addressing various forms of gender-based violence.

From 4-8 November, the PCU, at the request of the Ukrainian MoI, Ministry of Social Policy and the Ukrainian Parliament Commissioner for Human Rights, organized a joint study trip to Norway for representatives of the Precinct Police Inspectors Service of the Ukrainian MoI, the Family and Gender Policy Departments of the Ukrainian Ministry of Social Policy, and the Gender Unit of the Ukrainian Parliament Commissioner for Human Rights. During the study trip, the Ukrainian experts learned about the experience of their Norwegian counterparts in ensuring equality between men and women and about mechanisms for combating gender-based violence. Participants met with representatives of the Norwegian Foreign Ministry, the

Ministry of Children, Equality and Inclusion, the Justice and Public Security Ministry and the Ombudsman for Children, as well as other governmental and non-governmental structures.

The Ukrainian authorities used this opportunity to compare the mechanisms that exist in Ukraine with the best practices applied in Norway, in order to develop measures to address the issues of gender-based violence and inequality more effectively.

To mark the start of the global campaign “16 Days of Activism against Gender Violence”, on 25 November, the PCU, in co-operation with the Ukrainian Ministries of Social Policy and Interior as well as the Ukrainian Parliament Commissioner for Human Rights, held a media press lunch aimed to promote discussions and draw public attention to the problem of gender-based violence. The event also highlighted legal and institutional tools available to respond to cases of domestic violence, child abuse and inequality between men and women.

Cybercrime

Continuing to provide support to the MoI Anti-Cybercrime Department, the PCU conducted a ten-day advanced level ToT session on cybercrime investigation on 13-24 May. 20 police experts from the specialized anti-cybercrime units enhanced their knowledge and skills on practical aspects of cybercrime investigations, use of specialized hardware and software tools and methods.

Following an extensive needs assessment, the establishment of the anti-cybercrime training room, and the basic and advanced level ToT sessions on cybercrime investigation for police officers in 2011-2013, the PCU sought to ensure the sustainability of these efforts. In this regard, the PCU, in co-operation with the MoI’s Anti-Cybercrime Department, explored prospects for the further incorporation of the developed training courses into the existing training programmes delivered at the police academies of Ukraine. On 25-29 November, a PCU-hired international expert conducted an assessment of training and equipment needs for the recently established Faculty for Combating Trafficking in Human Beings and Cybercrime of Kharkiv National University of Interior. The outcomes of this assessment were going to form the basis for potential project support in 2014 onwards.

To ensure a co-ordinated approach to supporting the efforts of the Ukrainian MoI in combating cybercrime, the PCU continued to facilitate co-ordination meetings of police liaison officers working in foreign embassies in Ukraine. Meetings held on 16 July and 16 October gathered police experts from Austria, the EU, Estonia, France, Germany, Italy, the UK and USA as well as representatives from the MoI’s Anti-Cybercrime Department to discuss the challenges in combating cybercrime and to adjust planned anti-cybercrime activities.

Police and Media

In 2013, the PCU continued its efforts to assist the MoI in improving its practice of work with media professionals with a project aimed at enhancing the transparency of work of law enforcers and at adopting policies that would reduce the number of conflicts with journalists.

Two law enforcement experts from Germany and the UK were invited to present best practices in managing police-media relations in the process of investigations to the senior personnel of the MoI. 55 heads and deputy heads of Investigation Departments of MoI from all Ukrainian regions, as well as 15 journalists and media experts, attended the presentation.

The international experts also contributed to a “Journalist Safety Seminar”, organized by the Press Office of the Administration of the President of Ukraine to share best practices used by law enforcement to ensure safe conditions of media work during natural disasters and demonstrations.

To support implementation of efficient media communication strategies at the educational level, two international experts – a teaching professor of the Police Academy of Georgia and the head of the EU assistance project for the Ministry of Interior of Iraq –, were invited to present best international practices in teaching media relations to 50 lecturers from police education faculties.

A team of four Ukrainian experts used the international experience presented to develop a training programme targeting heads of regional offices of the MoI. The PCU conducted 16 training sessions throughout Ukraine for 250 senior police officers from 22 oblasts and the cities of Kyiv and Sevastopol. The training curriculum included sessions on legislative regulations of journalists` rights and best practices in communication for law enforcement agencies.

Two groups of local experts developed recommendations on teaching media relations to law enforcement officers, as well as leaflets on communication during investigations for the police.

National Prevention Mechanism against Torture and Ill-Treatment

The PCU continued to provide support to the development of the national prevention mechanism against torture and ill-treatment (NPM) in Ukraine pursuant to the UN OPCAT.

The Project assistance was requested by the Parliamentary Ombudsman of Ukraine and built upon previous PCU OPCAT-related projects in 2006-2012. It was aimed at supporting efforts to bring sustainable operation of the NPM in Ukraine in compliance with the UN OPCAT. Its activities focused on support to the Ombudsman and civil society’s efforts to implement the “Ombudsman Plus” NPM model in Ukraine.

In order to provide methodological support and build the capacity of the Ombudsman office in

In order to provide methodological support and build the capacity of the Ombudsman office in