HRC54: Escalating Crisis in Ukraine: Deputy High Commissioner Highlights Alarming Human Rights Abuses and Urges Extension of Monitoring Mission
The 54th Session of the Human Rights Council
11th September – 13th October 2023
Item 10: Technical assistance and capacity-building
Interactive Dialogue with the Deputy High Commissioner for Human Rights on Ukraine
09 October 2023
By Conall Corrigan / GICJ
Executive Summary
During the 41st meeting of the 54th session of the Human Rights Council, Ms. Nada Al-Nashif, the United Nations Deputy High Commissioner for Human Rights, provided an oral update on the ongoing human rights situation in Ukraine.
Ms. Al-Nashif noted that the 36th report on the human rights situation in Ukraine revealed that in the space of just 6 months between the 1st of February to the 31st of July2023 , another 4621 civilians fell victim to the ongoing conflict with 1,028 killed and 3,593 injured. Most of these documented causalities occurred in territory controlled by Ukraine although the actual figure is likely to be much higher as the OHCHR does not have access to the occupied territories of Ukraine and limited access to areas close to the frontline.
The Deputy High Commissioner detailed an array of documented human rights abuses being committed as a result of hostilities including the widespread use of torture and arbitrary detention, conflict-related sexual violence and the denial of an adequate standard of living. She stressed that the severe damage inflicted on the right to an adequate standard of living including access to food and housing was particularly alarming.
The Deputy High Commissioner appealed to the Ukrainian government to extend the deployment of the human rights monitoring mission in Ukraine due to the gravity and urgency of the conflict.
Geneva International Centre for Justice (GICJ) supports the Deputy High Commissioner’s request to extend the human rights monitoring mission’s mandate in Ukraine so the OHCHR can continue to document war crimes in the region. We again stress the need for victims to have access to justiciable remedies and for those responsible for perpetrating human rights abuses to be held to account.
Background
On the 24th of February 2023, an urgent debate by the HRC on ‘the situation of human rights in Ukraine stemming from Russian aggression’, as requested by Ukraine, was held on the 3rd and 4th of March 2023. As a result of this meeting, member states adopted Resolution 49/1 on the ‘Situation of human rights in Ukraine stemming from the Russian aggression’, which condemned the abuses and violations of international human rights law (IHRL) and international humanitarian law (IHL) resulting from the Russian Federation’s actions against Ukraine.
Additionally, under Resolution 47/22 on cooperation with and assistance to Ukraine in the field of human rights, the Human Rights Council asked the United Nations High Commissioner for Human Rights to continue to present an oral update to Council member states on the human rights situation in Ukraine as part of an interactive dialogue.
The thirty-sixth report on the human rights situation in Ukraine presented during the 54th regular session of the Human Rights Council covered events in the country over six months between the 1st of February to the 31st of July 2023. The report's findings are based on 117 field visits, 27 inspections of detention centres, 28 visits to care institutions or shelters, the observation of 23 trial hearings and insight gained from 1226 interviews including with victims, witnesses, relatives, and legal representatives.
Summary of the Report of the OHCHR on Ukraine
The Deputy High Commissioner began her update by stressing that more than one and a half years since the Russian Federation launched its full-scale armed attack on Ukraine, we continue to witness blatant and unabated violations of human rights. Such violations range from the widespread use of torture and arbitrary detention to conflict-related sexual violence and the denial of an adequate standard of living. The 36th report on the human rights situation in Ukraine reveals that in the space of just six months from the 1st of February to the 31st of July 2023 another 4621 civilians fell victim to the conflict with 1,028 killed and 3,593 injured. Most of these documented causalities occurred in territory controlled by Ukraine, however, the actual figure is likely to be much higher as the OHCHR does not have access to the occupied territory of Ukraine and limited access to areas close to the front line.
Ms. Al-Nashif informed the Council that torture remains a widespread and brutal reality for civilians and prisoners of war (POW) held by Russian authorities. The testimonies of survivors described unimaginable cruelty including accounts of electric shock, sexual violence, and severe beatings which in some cases led to broken bones. Moreover, victims are forced to endure appalling detention conditions including food and medical shortages, poor living conditions and sleep deprivation. Between February and July 2023, the OHCHR documented a pattern of arbitrary detention and the incommunicado detention of civilians in the Russian-occupied territory of Ukraine. During this time, the report recorded the arbitrary detention of 35 men and 8 women by Russian armed forces. Since February 2022, the OHCHR documented that Russian armed forces have arbitrarily detained nearly 1000 people, 85 of whom were found dead with signs of violence and 463 who remain detained. Many of these cases may amount to enforced disappearance. Six cases of arbitrary detention by Ukrainian security forces were also documented.
Between the 1st of February and the 31st of July this year, the OHCHR documented five acts of conflict-related sexual violence by members of the Russian armed forces and by Russian penitentiary services against four men and one woman. According to the Deputy High Commissioner, these cases are consistent with previously documented patterns of sexual violence primarily involving Russian armed forces, law enforcement authorities and penitentiary staff. In territory controlled by Ukraine, authorities have opened nearly 6,000 criminal cases for collaboration activities and continued to render a high number of guilty verdicts. Ms. Al-Nashif expressed concerns that many of those arrested and even convicted were targeted for conduct that could in principle be lawfully compelled by the occupying power under IHL. Moreover, in areas of Ukraine occupied by the Russian Federation, the OHCHR has observed a policy of mass conferral of Russian citizenship to residents. Individuals who opt not to accept Russian passports find themselves ensnared in a web of exclusion and denied access to essential public services. This has also heightened the risk of arbitrary detention for those who resist. The Deputy High Commissioner also voiced concern that there is no established system to return Ukrainian children who are transferred to other parts of Russian-occupied territory or the Russian Federation.
The report also lamented the lack of discernible steps taken by Russian authorities to ensure accountability for violations committed by their security forces. On the contrary, a new law adopted in June 2023 effectively grants amnesty to Russian service persons for an overly broad range of crimes reinforcing an atmosphere of impunity. Additionally, while Ukrainian authorities have launched criminal investigations into allegations against their forces, the OHCHR is still waiting to see concrete results from these efforts.
The Deputy High Commissioner noted that the severe damage inflicted on the civil right to an adequate standard of living including access to food and housing is particularly alarming in the wake of the breach of the Kakhovka dam. This not only immediately disrupted lives but also jeopardised the right to water, health, and a clean and safe environment for countless individuals. Likewise, devasting long-term effects will also be felt by the collapse of the black sea grain initiative. Following the Russian government’s withdrawal from the agreement, there has been an increase in the number of attacks by the Russian fed that affect infrastructure related to grain export. The report concluded that some of these attacks also caused damage to surrounding civilian infrastructure and historic buildings. These strikes will likely impact the livelihoods of people working in the agricultural sector, affecting the attainment of the right to an adequate standard of living in rural communities. Ms. Al-Nashif concluded her oral update by appealing for an extension of the monitoring mission in Ukraine due to the urgency and gravity of the situation in Ukraine.
Speakers of the Country Concerned
The Ukrainian delegation began by stressing that the evidence presented in the mission's report of Russia’s mass murder of POWs in detention centres in Horlivka should contribute to efforts to ensure that justice is served for the sake of the families of victims and those who remain in detention. To be more effective, the representative noted that the UN human rights machinery must consolidate efforts in documenting the pattern of the enforced deportation of Ukrainian children from the temporarily occupied territories of Ukraine to Russia and Belarus. In her view, this would allow all abducted children to be reunited with their families. Ukraine echoed the OHCHR’s concerns regarding the destruction of the Kakhovka dam by Russia which has led to one of the worst industrial and ecological disasters in Europe, the impact of which on the right to a clean, healthy, and sustainable environment will be felt for years to come and well beyond Ukraine’s borders. The delegate emphasised that several human rights violations including the arbitrary and incommunicado detention of civilians, the policy of mass conferral of Russian citizenship, and the harassment, criminal prosecution, and forceful conscription of Ukrainian citizens to the Russian army remain part and parcel of Russia's control over Ukraine in temporarily occupied territories. The representative concluded by stressing that Russia’s war of aggression against Ukraine is a war against every member of the HRC. By causing food and environmental hardship and nuclear insecurity, Russia undermines the exercise of human rights for all and has become a symbol of torture, death, murder, and repression which cannot be trusted with the responsibility of advocating for universal respect and the safeguarding of human rights and fundamental freedoms.
Interactive Dialogue on the OHCHR’s Report
The European Union expressed support for the monitoring mission in Ukraine and reiterated its condemnation of all violations of international law committed in the context of Russia’s war of aggression against Ukraine. The delegate added that atrocities, destruction and suffering in Ukraine caused by violations of the UN Charter have led to global human rights challenges by escalating the current food, energy, and economic crisis. Additionally, with its determination to terminate the black sea grain initiative followed by attacks on Ukrainian ports, Russia is further exacerbating the global food crisis by disrupting grain deliveries worldwide and causing food prices to rise. The EU reaffirmed its commitment to global solidarity and is facilitating grain exports from Ukraine and mobilising financial support in response to food insecurity of more than €7.7 billion. The representative concluded by urging Russia to abide by its obligations under international law and cease its aggression against Ukraine unconditionally while reiterating its support for Ukraine’s independence, sovereignty, and territorial integrity.
Sweden on behalf of the Nordic-Baltic countries underscored that Russia’s aggression against Ukraine is a war of destruction against not only Ukrainian cities, livelihood, and cultural heritage but also the Ukrainian population's resilience and perseverance in the most brutal way in direct violation of IHL. The representative noted that Russia subjects civilians to summary executions, torture, enforced disappearances and sexual violence while forcibly transferring Ukrainian children to Russia or Belarus. Additionally, Russia systematically destroys Ukrainian cities by deliberately attacking civilians and critical infrastructure which constitutes a war crime. The delegate reaffirmed Sweden’s support for the reporting of the COI and the work of the monitoring mission adding that all victims deserve justice and accountability.
The representative of Belarus stated that the OHCHR report on Ukraine should be more balanced and unbiased. He added that it is important to strictly abide by an approach which includes a systemic analysis of the situation without any attempts to please any particular political force or and to avoid focusing attention on some areas while glossing over others. He noted that the security of the civilian population must be a priority in conflict situations, and in this context, delivering cluster munitions leads to additional colossal risks. The delegate believed that some Western countries are using the conflict in Ukraine as an opportunity to harm Russia which he added will fail to lead to restoration of peace and may lead to further escalation. The representative concluded by stating that the OHCHR must adopt an unbiased position and urge for the prompt cessation of hostilities.
The Russian delegation began by noting that it does not consider itself a concerned country in the dialogue on the human rights situation in Ukraine. The representative stressed that his country fundamentally disagrees with the methodology, content, and conclusions of this OHCHR report. The delegate criticised the OHCHR for failing to act in line with its mandate and fully describe the deteriorating human rights situation in Ukraine while adding that it is continuing to whitewash the situation in Ukraine and shift the blame for the crimes of Ukrainian authorities on Russia. The representative further criticised the OHCHR for taking on the role of investigating the Ukrainian strike on a detention facility in Olenivka without a mandate, expert knowledge, or access to the site.
NGOs and National Human Rights Institutions
NGOs and National Human Rights Institutions stressed the need for the war in Ukraine to be kept on the agenda of the HRC and appealed to the international community to take resolute steps to apply diplomatic pressure on the Russian Federation to end its attacks against Ukraine. Many groups drew the Council’s attention to the plight of those who have been unjustly detained and called for their immediate release. Several speakers criticised the Russian Federation for continuing to target peaceful settlements with no military objects which has led to the deaths of civilians and the destruction of civilian infrastructure including apartment buildings, schools, and hospitals. Additionally, reports of the forcible transfer of children to Russian-occupied areas of Ukraine and to the Russian Federation itself were repeatedly raised by speakers who urged member states to step up their efforts to facilitate reunification with families of victims.
Concluding Remarks
Regarding the issue of the forced transfer and deportation of children, the Deputy High Commissioner stated that to facilitate tracing and reunification, the international community should urge the Russian Federation to provide international organisations with meaningful access to the occupied territory of Ukraine as well as the Russian Federation. She underscored that this is critical for the monitoring of unaccompanied and separated children who have been transferred.
On the issue of the torture of POWs and civilian detainees, Ms Al-Nashif stressed that the international community should persist in asking the Russian Federation to provide independent monitors with meaningful access to detainees they are currently holding captive. To do this, the Russian Federation should facilitate the work of all impartial humanitarian organisations including the International Committee for the Red Cross to make sure that it can carry out its duties. Moreover, the Deputy High Commissioner emphasised the importance of the families of those arbitrarily detained knowing the fate and whereabouts of their loved ones and being able to communicate regularly with them. To ensure this can take place, Ms Al-Nashif implored both sides to implement the recommendations in the report.
To ensure effective accountability for those who have committed grave human rights abuses, the Deputy High Commissioner underscored the need to document all violations and report them promptly. To achieve this, she added, the international community should maintain sustained engagement with all accountability actors including national authorities up to ICC to facilitate the prosecution of those responsible for these crimes.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) commends the work of the monitoring mission in Ukraine in its efforts to document the deteriorating human rights situation in Ukraine. With each passing day, the toll on human rights and lives escalates, painting a sombre picture of a conflict that continues to erode the foundations of dignity and humanity and undermines the basic principles of the UN Charter.
The HRC must stand firm and be clear when it comes to the rules of IHL that govern the conduct of hostilities and the principles of proportionality, distinction, precaution, and the prohibition of indiscriminate attacks. A collective response to atrocities being committed in Ukraine, namely the use of torture, the forcible transfer of children, and the use of arbitrary detention, must be as strong as ever to ensure accountability and redress for victims.
GICJ is encouraged by the access the Ukrainian government has granted to international monitoring mechanisms and hopes that those in power will act on the recommendations set out in the reports, particularly around the use of arbitrary detention. We also urge the Russian Federation to grant unimpeded access to areas of Ukraine occupied by its forces to gain an accurate measure of the country’s human rights situation.
#Regular_Session #Justice #Human_Rights #Geneva #Geneva4justice #GICJ #Geneva_International_Centre_for_Justice #HRC54 #Ukraine #Russia #Interactive_Dialogue #OHCHR
