Experts from the Ukrainian Center for Independent Political Research analyzed Draft Law No. 13181 "On the Ukrainian Parliament Commissioner for Human Rights," which provides for a comprehensive update of the legislation governing parliamentary oversight of adherence to human rights and freedoms.
The document is registered as a draft law on Euro-integration and has already been adopted by the Verkhovna Rada of Ukraine in the first reading. Its primary goal is to align the activities of the Ombudsman institution with international standards, specifically the UN Paris Principles and modern European approaches to the functioning of national human rights institutions.
The draft law proposes a new edition of the special law and is the most extensive reform of the Ukrainian Parliament Commissioner for Human Rights since the adoption of the respective framework in 1997. In particular, it provides for strengthening the Ombudsman's institutional independence, expanding control and monitoring powers, improving mechanisms for responding to human rights violations, and developing a regional network of representatives.
According to UCIPR experts, an important advantage of the draft law is that it brings the Ukrainian model of human rights protection closer to the standards of the European Union and the Council of Europe. In the context of negotiations on Ukraine's accession to the EU, the efficiency and independence of national human rights institutions remain key criteria for assessing the rule of law.
The draft law carries special significance amid the challenges posed by the full-scale war. The document expands the capabilities of the Ombudsman institution to monitor the situation in the temporarily occupied territories, document human rights violations, and protect the rights of internally displaced persons, military personnel, children, and citizens of Ukraine abroad.
Experts also highlight the potential positive impact of the draft law on civil society organizations. Specifically, strengthening the Ombudsman's institutional capacity can create additional opportunities for cooperation between the civic sector and the Commissioner's Office in human rights monitoring, preparing alternative reports, documenting violations, and advocating for legislative changes.
At the same time, the analysis identified several risks that require additional attention during the preparation of the draft law for the second reading.
In particular, the document significantly expands the list of parliamentary control tools available to the Commissioner. Among them is the right to initiate the creation of temporary special or temporary investigative commissions of the Verkhovna Rada on issues related to human rights violations. According to experts, such a provision could risk politicizing specific human rights conflicts and increase political pressure on certain socially significant issues.
In addition, the draft law expands the options for responding to non-compliance with the Commissioner's demands and those of their representatives. In the absence of clearly defined boundaries for interaction with the non-governmental sector, this could lead to an additional administrative burden on public organizations, charitable foundations, and other civil society institutions.
At the same time, experts emphasize that the draft law does not include provisions that would introduce state control over public associations, restrict freedom of association, or establish additional procedures for state supervision of civil society organizations. Its main goal remains strengthening the mechanisms for human rights protection and bringing the Ukrainian Ombudsman model closer to European standards.
Based on the analysis, UCIPR concluded that Draft Law No. 13181 could be an important step toward strengthening the national system of human rights protection and enhancing parliamentary control. However, prior to the second reading, it is advisable to clarify certain provisions regarding the boundaries of the Commissioner's interaction with public associations and other non-governmental institutions to minimize the risks of disproportionate interference in their activities.
Read the detailed analysis at the link.
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