Comment of the Metropolitan Theodosius of Cherkasy and Kaniv on the statement of Ombudsman of Ukraine D. Lubinets

In his recent statement on his own telegram channel, Ukrainian Parliament Commissioner for Human Rights, Dmytro Lubinets as a reaction to my speech at the UN in defense of UOC has written that he received no appeals from Metropolitan Theodosius of Cherkasy and Kaniv on violations of human rights of believers of UOC. The Ombudsman has also written that the rights of believers are protected by law.

Indeed, I have not submitted any applications to the Ombudsman inasmuch as, firstly, the powers of the Parliamentary Commissioner for Human Rights of Ukraine do not provide for the possibility of intervention in cases pending before a court or law enforcement authorities, but mainly, the believers of the UOC complain about violation of their rights to the law enforcement system.

Secondly, because in previous years the office of the Ombudsman received dozens of petitions from believers of the UOC, which in particular can be ascertained from the report of the Commissioner of Ukraine for 2020

(https://ombudsman.gov.ua/storage/app/media/uploaded-files/schoricha-dopovid-2020.pdf), which states, notably, that “The Commissioner received 127 reports that 7% more than in 2019 (118) regarding discrimination on the basis of religious beliefs and violations of the right to freedom of thoughts and religion. At the same time, the Ombudsman recommended “the Ministry of Culture and Information Policy of Ukraine:

1. Ensure public outreach activities for the representatives of various religious communities on the legal basis for the use of buildings and property, legal means for the defense of freedom and interests.

2. Consider establishing an arbitration procedure for the settlement of disputes between representatives of religious communities with the involvement of representatives of the All-Ukrainian Council of Churches and religious organizations.”

Thus, already in 2020 and in previous years, the Ombudsman was aware of the extremely tense situation amid the numerous conflicts in Ukraine on religious grounds.

Moreover, in 2022 and 2023 even The Office of the United Nations High Commissioner for Human Rights, in its reports, explicitly acknowledged the existence of incidents of religious confrontation in Ukraine and noted significant restrictions on religious freedoms, in particular in the Report of UNOHCHR on the human rights situations in Ukraine from 1 February to 31 July 2022: “Situation of human rights in Ukraine: 1 February to 31 July 2022 – Office of the United Nations High Commissioner for Human Rights” (A/HRC/51/CRP.1) states:

124. During the reporting period, local authorities in at least seven territorial communities in Kyiv, Sumy and Lviv regions temporarily suspended the activities of the Ukrainian Orthodox Church (often unofficially referred to as the Ukrainian Orthodox Church of Moscow Patriarchate) for the duration of martial law. Local authorities, for instance the City Council of the Brovary District in Kyiv region, also prohibited meetings, rallies, marches, as well as other mass events of the Ukrainian Orthodox Church for the duration of martial law, without providing a clear justification for the prohibition.

125. This suspension raises concerns as to its compliance with international human rights standards. Authorities did not explain the basis on which such measures were introduced, or how they were deemed necessary and proportional to protect public safety, order, health, morals or the fundamental rights and freedoms of others, as required by article 18(3) of the International Covenant on Civil and Political Rights. Furthermore, as activities of other regional communities and organizations have not been suspended, this unfavourable treatment of the Ukrainian Orthodox Church may amount to a discriminatory measure on the ground of religion or affiliation with a particular religious group.”

As for the absence so far of appeals from believers of the Ukrainian Orthodox Church to Ombudsman, it is probably due to the mistrust of believers – citizens of Ukraine to this institution and personally to Mr. Ombudsman.

For example, Ukrainian Parliament Commissioner for Human Rights found no violations of religious rights and took no effective actions on the protection of the rights of believers in the Khmelnytsky region, which raised reasonable doubts on the part of believers about the objectivity of the Ombudsman, who, in the opinion of believers in this region, “deliberately conceals the problems and violations of the rights of believers in order to make pro forma appearance of legality in the religious sphere of Ukraine in the eyes of Ukrainian society and the international community”.

(https://spzh.news/ua/news/73661-v-upts-prokomentuvali-slova-ombudsmena-shchodo-relihijnoji-svobodi-v-ukrajini)

Let us hope that the inevitable attention of the international community, and especially of human rights defenders around the world will finally help to defend the rights and freedoms of believers of the Ukrainian Orthodox Church in their native country.

+ Theodosius,

Metropolitan of Cherkasy and Kaniv, under house arrest.

Количество просмотров: 8

Цей запис також доступний на: Russian