Originally published in Kyiv Post on February 24, 2018

Over the past four years, Ukraine has taken significant steps forward on the way to democratic governance and the rule of law. However, some important unfinished business remains, and the progress that has been made cannot be taken for granted. Protecting the independence and integrity of the human rights ombudsperson is one of the most pressing points for the country in this regard.

In 2015, President Petro Poroshenko launched Ukraine’s first human rights strategy and action plan. Yet, the implementation of its ambitious goals has remained far below expectations. The conflict in the east, growing inequalities, the persistently high levels of poverty and deprivation, and the inability of many state structures to provide adequate services or deliver justice require continued attention.

An independent human rights body must be there to take the side of the weakest, and ensure that no one is left behind.

That’s why it is essential that the independence of the ombudsperson, officially known as the Parliamentary Commissioner for Human Rights, is preserved and does not become the subject of political bargaining. Ukraine's international friends and partners would be well-advised to pay attention to this: the full enjoyment of human rights is as important as freedom from corruption, and is a critical building block for the emergence of the rule of law in Ukraine.

Later this year, the world will celebrate the 70th anniversary of the adoption of the Universal Declaration of Human Rights. But Ukraine has an additional reason to celebrate – 20 years ago a national human rights institution was established to embody the values of human rights and the rule of law.

The creation of national human rights institutions was a development of the 1990s, when international human rights law was consolidated at the global level. In 1993, the United Nations General Assembly endorsed the “Paris Principles” for the independence of these institutions, namely constitutionally guaranteed independence, autonomy from government, a broad human rights mandate, adequate powers to investigate, and the means to function effectively.

The existence of a national human rights institution in line with the Paris Principles is so important for the global human rights framework that is was included as a target for one of the sustainable development goals of the global agenda 2030. At present, only about 37 percent of the world's countries meet this target. Notably, Ukraine is one of them.

Indeed, the Ukrainian Ombudsperson Office has a wide-ranging human rights mandate and its independence is protected by the Constitution. It can receive complaints from anyone, report to the parliament and appeal to the Constitutional Court. It has ample powers of inquiry and the right to initiate petitions to all state bodies. It also plays an important role in protecting the freedom of information, preventing torture and combatting discrimination.

As proof of its success, the ombudsperson enjoys a comparatively high level of citizens’ trust. In a recent survey, it ranked the highest of all state bodies in terms of effectiveness. The best illustration of the increasing trust to this institution is that 158,000 people  addressed it in 2017, an all-time high and more than five times the figure of three years earlier.

This is also a result of the extension of its presence in all regions of Ukraine. A network of regional Ombudsperson representatives, often working closely with non-governmental human rights organizations, makes it easier for citizens to approach the Ombudsperson with requests for legal advice, complaints or other grievances.

Many of the complaints received by the ombudsperson relate to social and economic rights, discrimination, access to information or malfunctions of government. To address them, the Ombudsperson relies on measures taken by other branches of government, in particular, local governments, to improve services and ensure fair treatment and effective access to justice for all. Nevertheless, the ombudsperson’s own role as a watchdog and accelerator for restoring human rights is crucial.

Not only is the Ukrainian ombudsperson compliant with the Paris Principles, it also plays a leading role on human rights in the wider region and even globally. The 2015 Kyiv Declaration on the Role of National Human Rights Institutions in Conflict and Post-Conflict Situations has become the foundation for a new collaboration mechanism among European national human rights institutions, supported by the European Union. The ombudsperson has also done much to implement the principles laid down in that Declaration. In 2017, the ombudsperson helped transfer 186 detainees to government-controlled territory, visited Ukrainians detained in prisons in Crimea, and consistently advocated for the human rights of internally displaced persons.

One of Ukraine’s successes, as emphasized by the Human Rights Council of the United Nations, is to have successfully built an independent state body that protects and promotes human rights - one that is held in high regard by the people of Ukraine and that helps ensure Ukraine meets its own standards and international commitments. At the 2017 Universal Periodic Review, the international community recognized and commended the Ukrainian NHRI as an effective mechanism to protect and promote human rights.

Discussions on electing a new ombudsperson have now been dragging on for almost a year. We cannot stress enough how important it is for Ukraine to maintain a fully credible, politically independent, strong and capable national human rights institution. Already in July 2017, human rights activists and international organizations issued a statement for an open, participatory and consultative process and secret ballot voting, as foreseen in the Constitution.

To achieve the full independence required by the Paris Principles, a public advertisement of the vacancy is needed, together with clear and uniform criteria to assess the merit of applicants, and broad consultations. A politically charged appointment would diminish trust in any new ombudsperson, regardless of their personality or professional qualifications. Politicizing the office is likely to harm its effectiveness, its perception as a politically neutral human rights advocate, and may result in it losing its current international “A-status” accreditation.

At a time when much attention is paid to the establishment of credible anti-corruption institutions in Ukraine, it is equally important not to forget that Ukraine already has a successful and independent human rights institution. And that this is an accomplishment that should not be jeopardized.

Marcus Brand is democratic governance advisor for the United Nations Development Program in Ukraine, and Svitlana Kolyshko is project manager and human rights lead of the UNDP Ukraine. The United Nations Development Program has been supporting the Ukrainian human rights ombudsperson’s office since 2012, with financial assistance from the government of Denmark. Globally, the support of national human rights institutions is among UNDP’s key priorities within its democratic governance programming.