Home > 1.3.2.1 Ballots and election material > UKRAINE - Urgent Joint Opinion on the Draft Law 3612 on Democracy Through All-Ukraine Referendum
 
 
 
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Paragraph 71
 

The 2019 Law on the Functioning of the Ukrainian Language as the State Language provides that the Ukrainian language is the sole language to be used in elections and referendums. This includes a ban on the use of minority languages in campaigning activities and campaign materials, as well as in official referendum materials, such as explanatory reports, voter education communications, and ballot questions and text. For campaign materials, the above-noted law provides an exception in territories that have been legally designated as minority settlements but as yet no such areas have been designated and there are no established criteria for their determination. The law is currently under review by the Constitutional Court. The ban on the use of minority languages in referendums is contrary to the right of voters to freely form an opinion as noted in paragraph I.3.1.e of the Code of Good Practice for Referendums. Past ODIHR election observation reports have recommended that the law of Ukraine provide for positive measures, in line with international obligations, to overcome obstacles to voting such as language barriers. It is therefore recommended that the Draft law repeal such language bans in referendums to ensure the suffrage rights of minorities are fully guaranteed.