As part of the Congress of Indigenous Peoples of Ukraine, the third panel discussion, titled “The Law on Indigenous Peoples of Ukraine: A Key to Ensuring the Rights of Indigenous Peoples of Ukraine,” took place.

Participants in the panel discussion included: Member of Parliament of Ukraine Tamila Tasheva; Deputy Head of the Council of Europe Office in Ukraine Hilde Haug; Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea Olha Kuryshko; Chair of the Inuit Circumpolar Council and member of the UN Expert Mechanism on the Rights of Indigenous Peoples Dalee Sambo Dorough; Head of the Board of the Crimean Tatar Resource Center and member of the Mejlis of the Crimean Tatar People Eskender Bariiev; President of the Ukrainian Association of International Law Olha Butkevych; and Deputy Head of the International NGO “Foundation for Research and Support of Indigenous Peoples of Crimea” Viacheslav Lombrozo.

The panel was moderated by Alim Aliev, Deputy Director General of the Ukrainian Institute, human rights defender, and journalist.

In her remarks, Tamila Tasheva addressed the Law of Ukraine “On Indigenous Peoples of Ukraine,” noting that, in addition to the general framework, a separate and detailed law on the status of the Crimean Tatar people is needed. She said that in 2022, a working group under the Mission prepared an updated draft law, which was agreed upon with ministries, members of parliament, and experts, received a positive assessment from the OSCE, and is now expected to undergo review by the Council of Europe. At the same time, she pointed out that cooperation with international partners is more challenging, as they mostly work with national minorities.

Olha Kuryshko emphasized that one of the key priorities of the Mission remains the development of the Crimean Tatar language and literature: following the adoption of the law on Indigenous Peoples, a strategy for the development of the Crimean Tatar language was approved, and the National Commission on the Development of the Crimean Tatar Language began its work. She noted that for nearly a year, the Commission has been effectively non-operational because, after the dissolution of the Ministry for Reintegration, its powers were not transferred to any other ministry.

“For me, as the Permanent Representative of the President in the Autonomous Republic of Crimea, the issue of occupation is also critical, because the existence of the law and state policy provides Ukraine with additional arguments and tools to protect Indigenous Peoples. Today, when Crimea remains under occupation and the majority of political prisoners belong to the Indigenous Crimean Tatar People, Ukraine must employ additional protection mechanisms,” noted Olha Kuryshko.

In her remarks, Hilde Haug stressed that the strategic development of Ukraine’s language policy must combine European standards, the strengthening of the Ukrainian political nation, and the protection of the identity and cultural heritage of Indigenous Peoples. She also highlighted the importance of expert cooperation with Ukraine, in particular during the preparation of the Commissioner for Human Rights’ 2023 report, which drew attention to the persecution of human rights defenders in Crimea.

Dalee Sambo Dorough emphasized that the most significant challenge for countries implementing the UN Declaration is putting it into practice. She noted that after the adoption of its implementing legislation in 2021, Canada has made progress in recognizing treaties with Indigenous Peoples, involving them in decision-making, and strengthening their institutions. At the same time, cultural, religious, and political rights remain insufficiently protected.

Sambo Dorough highlighted that Ukrainian legislation on Indigenous Peoples has a significant advantage — it clearly defines who belongs to this category, whereas in many countries the issue remains unresolved. She stressed that effective implementation of the law requires support from international human rights mechanisms and adequate funding.

Olha Butkevych noted that implementing the law on Indigenous Peoples must proceed along two parallel tracks, both of which require immediate action. The first concerns decisions that can be made promptly: completing the legal recognition of the Mejlis of the Crimean Tatar People as the representative body of the people. The second involves developing regulatory frameworks for the post-de-occupation period of Crimea, including matters related to Indigenous property rights, accountability for collaboration, and potential amendments to the Constitution. She stressed that some of these issues may be unpopular within the international community, but their advocacy must begin now.

Eskender Bariiev emphasized that the concept of “Indigenous Peoples” concerns not origins but the preservation of language, traditions, identity, and religion, as well as the right to self-determination and the creation of representative institutions. He underlined that only a law — not a declaration — can effectively regulate these issues and protect rights, and noted that 17 secondary legislative acts must be adopted to fully implement the law on Indigenous Peoples.

Viacheslav Lombrozo noted that Ukrainian society still knows little about who Indigenous Peoples are, and therefore, there is no demand for decisions required to implement the law. He stressed that these issues must be communicated more clearly to the public — only then will interest in real change emerge, and communities will be better able to defend and exercise their rights.