HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE ON THE SITUATION OF HUMAN RIGHTS IN UKRAINE

The Human Rights Council in its midday meeting held an interactive dialogue on the situation of human rights in Ukraine under its technical assistance and capacity building agenda item, after hearing the presentation of the latest report of the High Commissioner for Human Rights.

Presenting the High Commissioner’s report, Kate Gilmore, United Nations Deputy High Commissioner for Human Rights, said that the period from 16 November 2017 to 15 February 2018 had seen one of the lowest rates of civilian casualties in Ukraine, thus demonstrating that the ceasefire did protect lives. Access was allowed across the territory controlled by the Ukrainian Government, but denied in Russian occupied areas. The report drew on 276 in-depth interviews conducted with victims and witnesses of human rights violations. Monitoring of the human rights situation in Crimea was done remotely from mainland Ukraine as there had been no access to the peninsula.

Sergiy Kyslytsya, Deputy Foreign Minister of Ukraine, shared the Mission’s concerns regarding the security situation in the temporarily occupied territories, saying that it was expected for the Mission to take decisive action aimed at the full implementation of the relevant resolutions, in particular the latest one, 72/190 on the human rights situation in Crimea, considering that the occupying power had completely ignored resolution 71/205. There was persistent denial by Russia of entry to the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol. Nobody could accept moralizing from criminals on the need to comply with the law.

During the debate, speakers condemned the ongoing human rights violations in illegally annexed Crimea and areas of eastern Ukraine, as the conflict entered its fifth year. Civilians suffered from killings, enforced disappearances, torture, sexual violence and other abuses. Russia was urged to release prisoners and provide full, free and unhindered access to international human rights monitoring mechanisms. Speakers urged all parties to the conflict to fully implement the Minsk Agreement, whereas some urged the Ukrainian Government to ensure free movement of people, the payment of social benefits, and access to public administration, as well as to investigate human rights abuses perpetrated by Ukrainian security forces.

Speaking in the general debate were the European Union, Finland, Russian Federation, Germany, Croatia, Estonia, Denmark, Spain, Switzerland, Czechia, United States, Poland, Hungary, Australia, France, Albania, Sweden, Lithuania, Netherlands, New Zealand, Georgia, Romania, Norway, Ireland, Latvia, Slovakia, Republic of Moldova, Council of Europe, United Kingdom, and Bulgaria.

The following non-governmental organizations also took the floor: Human Rights House Foundation, Amnesty International, Advocates for Human Rights, Indian Movement “Tupaj Amaru”, and World Federation of Ukrainian Women’s Organizations.

The Council will next hold a high-level interactive dialogue on the human rights situation in the Central African Republic under its agenda item on technical assistance and capacity building.

Presentation of Report on the Situation of Human Rights in Ukraine

KATE GILMORE, United Nations Deputy High Commissioner for Human Rights, presented the latest report on the situation of human rights in Ukraine, covering the period from 16 November 2017 to 15 February 2018, which had registered one of the lowest rates of civilian casualties since the onset of the conflict which had claimed over 3,000 lives thus far. This demonstrated that the ceasefire did protect lives. The report reflected the current level of access, which differed across the country. Access was allowed across the territory controlled by the Government and denied in Russian-occupied areas. Full compliance with the ceasefire and other provisions of the Minsk Agreement would ensure the protection of civilians and critical infrastructure. The report drew on 276 in-depth interviews conducted with victims and witnesses of human rights violations. Based on those insights, 70 cases of abuses of the right to life, deprivation of liberty, sexual violence, abuse of economic and social rights were registered. Additionally, 546 activities were carried out to strengthen the protection of human rights. Confidence-building measures were conducted, in line with the Secretary-General’s vision on prevention. In December, a simultaneous release of detainees took place as part of the implementation of the all for all release, envisaged by the Minsk Agreement, and 234 detainees were released by the Government of Ukraine and 75 by armed groups. Over one million crossings were registered each month across the contact line and they occurred across the third most mine-contaminated area in the world. Ahead of the 2019 parliamentary and presidential elections, there were risks that civic and political space would further contract, as intimidation of judges had been observed by law enforcement and right-wing groups.

Monitoring of the human rights situation in Crimea was done in line with the three United Nations General Assembly resolutions and it was done remotely from mainland Ukraine as there had been no access to the peninsula. In the last six months, several opponents to the occupation had been arrested or convicted. Ten Crimean Tatar men had been arrested and charged under terrorism laws, 80 Muslim men had been sentenced and fined for protesting, and a Mejlis leader had been sentenced to prison, in clear violation of the Fourth Geneva Convention. Also, 4,800 Crimean residents had been sent to serve in the Russian Federation Armed Forces in 2017, also in violation of the Fourth Geneva Convention. The activities of the Mejlis, a self-governing institution of the Crimean Tatar, remained prohibited in the Russian Federation and Crimea, despite the fact that the International Court of Justice in 2017 ordered Russia to refrain from such practice.

Statement by the Concerned Country

SERGIY KYSLYTSYA, Deputy Foreign Minister of Ukraine, shared the Mission’s concerns regarding the security situation in the temporarily occupied territories, as well as the safety and security of the Monitoring Mission’s personnel. Ukraine strongly believed that the Mission’s high reporting standards and integrity should not be sacrificed to security concerns. It expected the Mission to take decisive, robust action aimed at full implementation of the relevant resolutions, in particular the latest one, 72/190 on the human rights situation in Crimea, taking into account that the occupying power had completely ignored resolution 71/205. Mr. Kyslytsya noted that a spade should be called a spade. Nobody could accept moralizing from criminals on the need to comply with the law. Those who killed and poisoned their own citizens, those who killed and maimed thousands of people in neighbouring States, those who bombed hospitals in distant countries, and those who attacked and occupied foreign lands, had no moral rights to moralize or preach.

Mr. Kyslytsya regretted the persistent denial by the Russian Federation of entry to the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol. Ukraine did not recognize the decision of the Russian occupation administration to hold the presidential elections in Crimea on 18 March 2018. The elections results would be null and void. Finally, Mr. Kyslytsya stressed that the Law on Education had addressed most of the concerns of Ukraine’s international partners, and in particular the respect for the language of education. Ukraine was open to constructive, open and substantive dialogue with any country and minority, but it would not accept politically motivated and groundless demands.

Interactive Dialogue

European Union followed with utmost concern the ongoing human rights violations committed against persons living in areas of eastern Ukraine, controlled by so-called separatists, and in illegally annexed Crimea. What were the most significant human rights violations faced by people living in areas of eastern Ukraine controlled by so-called separatists? Finland noted that the only way to a lasting peace was through negotiations and the full implementation of the Minsk Agreement. The illegal annexation of Crimea by Russia was condemned and Russia was urged to investigate all violations and give international organizations unhindered access to the area. Russia was particularly concerned over the loss of life, which was the result of targeting facilities by the Government of Ukraine and Ukrainian secret service agents. Incommunicado detention, arbitrary arrests, and use of anti-terrorist legislation as a pretext for dealing with the opposition were noted, as well as the lack of political will of Kiev to investigate such crimes.

Germany expressed concern about the ongoing human rights violations in non-Government controlled areas of Ukraine and on the Crimean Peninsula. It called for free and unrestricted access for international human rights monitoring mechanisms in the whole territory of Ukraine. Croatia called on the parties to the conflict in Ukraine to fully implement the Minsk Agreement provisions, which included immediate cessation of violence, withdrawal of weaponry, the Government of Ukraine re-establishing full control over Donetsk and Luhansk regions, and withdrawal of foreign fighters. Estonia reiterated its call to the Russian Federation and the separatists it was backing to stop all human rights violations, and to ensure full and unimpeded access of Ukrainian and international human rights monitoring missions to the whole territory of Ukraine, including Crimea.

Denmark deeply regretted the continuation of hostilities in Ukraine in recent months. The conflict had impacted 3.8 million people, whose lives were marked by hardship and increasing poverty. Only the full implementation of the Minsk Agreement could bring an end to the suffering and allow due respect for human rights. Spain stated that it was important to know the truth about events in Ukraine through independent observers, and it expressed concern about the conflict in eastern Ukraine which disproportionately affected the civil population. Switzerland voiced concern about new information on arbitrary and incommunicado detention, torture and ill-treatment taking place in Ukraine, mostly in non-Government controlled areas. It was also concerned about shrinking space for civil society and critical opinion in non-Government controlled areas.

Czech Republic said the conflict in the east of Ukraine continued to take a heavy toll, especially on the civilian population as highlighted by the Mission’s latest report. Civilians suffered from killings, enforced disappearances, torture, sexual violence and other abuses and violations. It remained concerned by the ineffective approach of the Ukrainian authorities to address the problem of attacks on journalists and called on the authorities to allow Fikret Huseynli to leave the country freely. United States commended the Government of Ukraine for its continued close cooperation with the Human Rights Monitoring Mission. It condemned the widespread abuses committed by Russian occupation authorities in Crimea and Russia-led forces in eastern Ukraine, and called on Russia to grant the monitoring mission access to observe the human rights conditions in occupied Crimea. Poland remained deeply concerned about the ongoing ceasefire violations, causing casualties among civilians and creating a constant threat to the population in the east of Ukraine. Illegal annexation and occupation of Crimea had resulted in widespread human rights abuses such as imprisonment on political grounds, closure of media outlets and schools, and several cases of killings and disappearances.

Hungary noted with concern the human rights violations and abuses committed against persons living in areas of eastern Ukraine and the illegally occupied Crimean Peninsula. It invited the United Nations High Commissioner for Human Rights to continue its activities on the situation in Ukraine with a broader approach that included the situation of the different ethnic, linguistic and religious minorities living in Ukraine as a whole. Australia reiterated the need for all parties to guarantee all international organizations unimpeded access to Crimea and the conflict zones in eastern Ukraine. The continued fighting had created appalling human rights abuses, including arbitrary detention, summary executions, disappearances, torture and conflict-related sexual violence. France remained concerned about the human rights violations in the eastern part of Ukraine and condemned the attacks on freedom of expression and the press, torture and arbitrary arrests. It regretted that human rights violations were rampant, in particular toward the Tatars. It firmly believed that the sovereignty of Ukraine should be re-established within its internationally recognized borders.

Albania acknowledged the simultaneous release of detainees under the framework of the Minsk Agreement and called on parties to the conflict to fully abide by the agreement. All sides were urged to abide by international human rights and humanitarian law, including General Assembly resolution 72/19 of December 2017. Sweden noted that as the conflict entered its fifth year, the almost daily causalities reminded that bringing perpetrators to justice was a fundamental obligation. Brave human rights defenders and monitors had reported how dire the human rights situation had become under Russian occupation, since torture, kidnapping and house searches had become common place. The situation in Crimea ranked among the worst in the world concerning freedom of expression. Lithuania was concerned about crimes against civilian populations in eastern Ukraine, in territory controlled by the Russian-backed armed groups. Russia was urged to adhere to international law, comply with the General Assembly resolutions on Crimea, and grant all internationally-mandated human rights mechanisms full, free and unhindered access.

Netherlands asked the Government of Ukraine to address the worrisome developments under full government control, as fighting disinformation campaigns undertaken by other countries should not lead to limiting the freedom of expression or media. Despite the adoption of the reintegration law on the Donbas, the Government was urged to ensure free movement of people, the payment of social benefits and access to public administrative space. New Zealand noted that 1.5 million people had been internally displaced and call for the full implementation of the Minsk Agreement. Continued monitoring of the human rights situation for Ukrainian citizens was needed as well as investigation into abuses of rights. Georgia said that populations residing in territories beyond the Ukrainian Government’s effective control suffered from discrimination and grave violations of human rights. Georgia welcomed a strategy on Donbas through peaceful resolution, reintegration and rehabilitation as defined in the recently adopted law and welcomed the adoption of the General Assembly resolution on Crimea.

Romania regretted the suffering of children in eastern Ukraine, under the control of the so-called “separatists.” Children continued to be victims of explosive remnants of war, whilst being denied their basic needs, including safety and protection. Romania urged all parties to fully implement the Minsk Agreement. Norway welcomed Ukraine’s steps towards legal reforms and encouraged it to investigate human rights abuses perpetrated by Ukrainian security forces. It called on the Russian-backed forces in eastern Ukraine and the Russian administration in Crimea to grant access to independent observers. Ireland was acutely concerned about the daily struggles of those living close to the contact line in Donbas Ukraine due to the prevalence of explosive remnants, and it was concerned about attacks against journalists and other incidents obstructing the right to freedom of expression.

Latvia expressed concern about continued restrictions on fundamental freedoms, such as freedom of peaceful assembly and freedom of opinion and expression, disproportionately affecting the Crimean Tatar community in Ukraine, and about the decreasing number of students receiving education in Ukrainian in Russian-occupied Crimea. Slovakia remained concerned about continued human rights violations suffered by the civilian population in eastern Ukraine, illegally annexed Crimea, and across the country. It was particularly concerned about forceful conscription of male residents of Crimea into the Russian Federation armed forces.

Republic of Moldova welcomed the decrease in casualties during the reporting period but condemned the ongoing suffering of civilians. The Republic of Moldova regretted that international organizations were being denied access to certain parts of Ukraine. Council of Europe said it was cooperating on a daily basis with Ukrainian authorities to ensure the success of the country’s reform process. The establishment of a new Supreme Court was a notable achievement in strengthening the country’s legal system. United Kingdom pointed to the growing trend of civilian casualties in eastern Ukraine. All sides in the conflict must ensure that human rights were upheld. Ongoing impunity for crimes remained a major concern. Bulgaria said it was worried over the persistent use of heavy weapons and small arms by parties to the conflict. Bulgaria was particularly concerned about the deteriorating humanitarian situation of people directly affected by the crisis.

Human Rights House Foundation said Russia’s aggressive policy in Crimea caused systematic and widespread human rights violations. Still, the armed conflict in Crimea did not release Ukraine from the duty to protect its citizens. Amnesty International remained deeply concerned over the fast-deteriorating human rights situation in Crimea, and the lack of access of human rights monitoring mechanisms to the region. Russia must fully respect the rights of all people in Crimea and allow access to monitoring mechanisms.

Advocates for Human Rights stressed that an effective State response to conflict related violence had to address the violence against women long-term. Ukraine’s new domestic violence law entered into force in January and provided immediate police-issued protection order for 10 days and court-issued protection orders for up to 6 months, but such orders had to be longer and provide protection for as long as necessary. Indian Movement “Tupaj Amaru” said that the Ukrainian crisis was the result of the West’s political strategy, as Crimea had been historically Russian and many of its people spoke in favour of the unification with Russia. Why did the western world recognize Kosovo and not recognize the right of self-determination in Catalonia or Crimea? World Federation of Ukrainian Women’s Organizations said that since the occupation and after four years of fighting, Ukraine was still struggling with the aftermath of the conflict. Women and children in affected areas were the most vulnerable. Ukraine had to do more to protect the rights of its men and women and implement recommendations from the Universal Periodic Review.

Concluding Remarks

KATE GILMORE, United Nations Deputy High Commissioner for Human Rights, thanked all delegations for their engagement. Support of delegations to the international human rights monitoring mechanism was acknowledged on behalf of the Council and the High Commissioner. Noting that grave concerns were expressed concerning the human rights violations in eastern Ukraine, Ms. Gilmore reiterated the willingness of the Office of the High Commissioner to assess all human rights violations, which was why free and unhindered access was essential. The Ukrainian Government was praised for the access it provided and other parties were urged to do so. Concerning the rights of children, this was a matter of the infrastructure, schools, access to healthcare, and freedom of movement. Over 600,000 of people were living in untenable conditions, out of which 100,000 were children. In Crimea compelling evidence was seen pointing to the absence of free trial. Reiterating the words of the High Commissioner, Ms. Gilmore said that if there was nothing to hide, why had access not been provided. Shrinking democratic space was evident as well as silencing of political opponents and self-censorship.

Although the International Court of Justice had ordered Russia to ensure the availability of education in the Ukrainian language in Crimea, this had still not been done. The protection of minority languages was crucial for cohesion, as rightly noted by the Russian delegation, which was why the Office of the High Commissioner had been following this issue closely. Concerning the question of the voting of Crimea in the Russian elections, the General Assembly proscribed that Crimea was a territory in Ukraine, so lawful elections in Crimea could only be conducted by Ukrainian authorities. Concerning the people living in areas close to the contact line, there had to be freedom of movement and less administrative barriers. Immediate cessation of all hostilities, application of international law, and full implementation of the Minsk Agreement was needed.


For use of the information media; not an official record

HRC18.060E