Human Rights Watch sheds light on arbitrary Ukraine anti-collaboration laws

Maanya Chaturvedi | National Law U. Delhi, IN

DECEMBER 6, 2024 

Human Rights Watch (HRW) published a report on Thursday highlighting the unjust prosecution of Ukrainian civilians under Ukraine’s anti-collaboration laws. The report highlights how civilians performing legitimate and essential tasks in areas under Russian occupation have been prosecuted under these laws and examines the broader impact these prosecutions have had on both the individuals involved and the community as a whole.

In March 2022, the Ukrainian Parliament enacted two legislative measures aimed at addressing collaboration with occupying forces. These laws expand the scope of “collaboration” to include any act by a Ukrainian citizen that publicly denies the existence of an external armed aggressor or demonstrates cooperation with occupying forces. Additionally, civilians who have held organizational or administrative roles under the occupying authorities are subject to prosecution under these provisions. Individuals convicted of such activities may face imprisonment, property confiscation, and additional penalties, including disqualification from participating in elections or holding public office.

According to the report, the laws’ overly broad and vague definition of “showing support” enables arbitrary prosecution of civilians. This has especially affected individuals holding public offices or providing essential services under occupation, such as in education or healthcare, which are vital for the civilian population. Residents of formerly occupied regions are subjected to a mandatory “filtration” process as part of a security screening, with failure to pass potentially leading to prosecution. Even if prosecution does not occur, individuals may be barred from employment in their professional field due to their decision to continue working under occupation. HRW notes that the conviction rate in such cases has been nearly 100 percent.

The laws have also been criticized for targeting those who did not support Russia and only carry out functions necessary for the benefit of other civilians. The Head of the United Nations (UN) Human Rights Monitoring Mission in Ukraine, Danielle Bell, emphasized this further by stating that the law has often been applied unfairly. Despite these criticisms, the Ukrainian government has yet to take any steps to address the arbitrary application of the law, even as the Russian invasion of Ukraine approaches its third year.

Despite reclaiming 54 percent of the territory previously occupied by Russia, Ukraine continues to see 18 percent of its territory under Russian control, primarily in the southern and eastern regions of the country. In recent weeks there has also been growing concerns over Russia’s policies in the territories it occupies, with reports indicating that Ukrainian teachers are being forced to teach Russian propaganda, while Ukrainian children are being abducted and place into the Russian adoption system for alleged indoctrination. According to the UN, the Russian occupation has created “a climate of fear” in these regions, where civilians face arbitrary censorship, detention, enforced disappearances, and, in some cases, torture. Additionally, citizens have been pressured into taking Russian passports, despite their Ukrainian nationality, as part of an effort to legitimize the notion of these territories becoming part of Russia.