البيان الذي وجهه إلى مجلس الأمن إيفان سيمونوفيتش، مساعد الأمين العام لحقوق الإنسان، الاجتماع المتعلق بأوكرانيا، 24 تشرين الأول/أكتوبر 2014

Madam President, 
Distinguished Members of the Security Council,

Thank you for the opportunity to brief you on the human rights situation in Ukraine.  On 8 October, OHCHR issued the sixth monthly report of the UN Human Rights Monitoring Mission in Ukraine, which covered the period from 18 August to 16 September 2014.  Today, I will highlight some of the report’s key findings and I will then focus on recent developments since the cut-off date of the report.

1. Fragile ceasefire- human rights consequences of the continued breaches

During the reporting period, the 5 September ceasefire agreement was adhered to only in terms of an absence of large-scale offensive actions. While some areas in the conflict zone reported calm, such as Luhansk city, artillery, tank and small arms exchanges continued on a daily basis in other places with Donetsk city (especially around the airport ) and the towns of Debaltseve (Donetsk region) and Shchastia (Luhansk region) being the major flashpoints. 

 

Military and civilian casualties continue to grow. The current registered death toll of the conflict in the east, as at 21 October, is at least 3,724- which includes the 298 victims of the Malaysian plane crash. Let me add that this number covers killings registered by available resources, and that the actual number is likely to be significantly higher. Approximately 9 people are being killed per day since the ceasefire agreement. In the height of the fighting over the summer, an average of 42 people were killed a day. The current death toll per day is close to the level during mid-April to mid-July, which was slightly above 10 people a day.

Residential areas continue to be indiscriminately shelled by various artillery and multiple launch rocket systems. For example, the 1 October rocketing of the centre of Donetsk hit a bus and killed six civilians and wounded a further 25. On 14 October, a funeral procession in the village of Sartana (near the city of Mariupol in Donetsk region) was hit by a rocket that killed seven civilians and wounded 18. Similar incidents were reported almost on a daily basis.

Recent reports of the use of cluster munitions in residential areas are alarming. Due to the wide impact radius, cluster munitions regularly have an immediate indiscriminate impact when used in areas with a civilian presence. Their use in such situations constitutes a violation of international humanitarian law and may amount to a war crime. The Government has denied the use of cluster munition, when approached by the Human Rights Monitoring Mission on this matter. It is imperative for the reports on the use of cluster munitions to be investigated promptly and thoroughly – as well as the reports of indiscriminate shelling of residential areas by conventional weapons.

Armed groups continue to terrorise the population in areas under their control, pursuing killings, abductions, torture, ill-treatment and other serious human rights abuses, including the destruction of housing and seizure of property. They continue to abduct people for ransom and forced labour and to use them in the exchanges and simultaneous releases of detainees with the Ukrainian Government. They also continue to practice forced mobilisation of civilians and threaten the local population with executions.

There have also been continued allegations of human rights violations committed by some volunteer battalions under Government control, which have been undertaking police functions in some of the towns and villages taken back by the Government. We have continued to urge the Government to exercise more control over all of its forces, including the volunteer battalions, and to ensure accountability for any violations and crimes committed by their members.

2. Precarious humanitarian situation:

The humanitarian situation in the areas controlled by the armed groups remains precarious, especially in the Luhansk region. Despite the ceasefire, many people in the conflict area remained for a second month deprived of regular access to water and electricity, with limited access to healthcare and educational services.

Humanitarian assistance largely depends on volunteers and a few international organisations, namely the International Committee of the Red Cross (ICRC) and Médecins Sans Frontières (MSF). I would like to take this opportunity to express my sincere condolences to the ICRC on the loss of one of their staff members in an attack in Donetsk city on 2 October. Perpetrators of this, and other violations of international humanitarian law must be brought to justice.

The ceasefire has encouraged many internally displaced persons (IDPs) to go back to their homes in the regions of Donetsk and Luhansk. Some went to collect belongings, others have remained in their homes.  Those who have returned face serious difficulties besides the volatile security situation, private property has been destroyed or damaged, and employment is limited as many business or industries have now closed down.

According to the State Emergency Service of Ukraine as of 24 October the overall number of registered IDPs reached a peak of 430,059. A large number of displaced people remain unregistered.

The conflict in the east triggered a wave of solidarity among Ukrainians towards IDPs, but the capacity of host communities to continue to absorb IDPs has shown to be weakening. While most IDPs continue to live from their savings, some of them especially those from Crimea still have no access to their deposits in Ukrainian banks. IDPs have found it difficult to find employment.  On 20 October, the Ukrainian parliament adopted the law on internally displaced persons.  This is a welcome development.  As we wait for it to be publicly made available and signed by the President, we very much hope that it will provide meaningful guarantees to IDPs, including access to healthcare, employment and shelter.  With our partners, including in particular UNHCR, we will monitor its implementation.

3. An ever-deepening divide

Over the last weeks there has been an increase in direct action by Right Sector and other activists to publicly remove alleged corrupt officials or former politicians of the former ‘Party of Regions’. Some of these acts involved violence against individuals, particularly when officials were manhandled into rubbish containers.

In Kharkiv region, over 12 statues of Lenin have been toppled by ‘pro-Unity’ groups since early September. Such acts that exacerbate tensions between the communities, in some cases appear to have been tolerated by local law enforcement officials.

There are also indications in some areas of incidents of election related intimidation and violence against campaign workers, party infrastructure and candidates.

The lustration law, passed on 9 October, has been widely criticised by both the Ombudsperson as well as civil society. This law is broad in its scope, enables lustration of a number of positions, with a prohibition on the current office-holders maintaining or re-gaining these positions. It could theoretically be applied to a million officials. While it is crucial that the Government takes measures to combat corruption, such measures must include basic due process guarantees and they must be applicable in a non-discriminatory fashion. I encourage the Government to align the legislation with the respective regional standards.

These developments have negative human rights implications, and can lead to a deepening of the divide among the Ukrainian population at a time when it should move forward with the Peace Plan and national reconciliation.

4. Awaiting accountability

In this context, accountability is not only a pre-requisite, but also a cornerstone of any lasting peaceful solution to the crisis in Ukraine.

After the 5 September ceasefire, opportunities to collect unburied remains of people killed as a result of hostilities and to identify ad hoc and irregular graves in the conflict zone considerably increased. As a result, hundreds of bodies have been found and many of them remain unidentified. The OHCHR welcomes the efforts that are being undertaken to establish the identities of those found and to hand bodies over to their relatives, as well as to ensure the burial in dignity.

Within this process, the issue of the so-called ‘mass graves’ near the village of Nyzhnia Krynka in Donetsk region received high publicity. One of these graves (located near the entrance to the village) contained five bodies. Two further graves discovered on the territory of the ‘Komunarska’ No 22’ mine contained two bodies each.

People whose bodies were found in the first grave were identified as members of the armed groups, reportedly killed in action.  Currently to the knowledge of the HRMMU, there are no allegations that they were summarily executed. As regards to four people from the two graves near the mine, according to the so-called ‘Donetsk people’s republic’, there exists forensic evidence of a summary execution.

On 15 October, an HRMMU team visited the three locations of the reported ’mass graves’.  The team also interviewed relatives of two people whose bodies were reportedly identified.  Their testimonies indicate that these people had previously been detained by Ukrainian forces.

The alleged execution of four people found in the graves near ‘Komunarska No 22’ mine need to be seriously investigated, and all measures should be taken for the preservation of evidence. 

Despite the fact that a number of other graves containing more than one body were reportedly found in the conflict zone, the HRMMU does not have information that these graves may contain bodies of victims of arbitrary or summary executions. Shall these allegations be made, they need to be properly investigated.

Accountability is key to reconciliation. Efforts must also be made to hold accountable members of the armed groups who have perpetrated grave human rights violations, including killings, enforced disappearances and torture. In this context, I welcome that the 12-point Minsk protocol, which includes the passing of a law on non-prosecution of persons in connection with the events that took place in some parts of the Donetsk and Luhansk region, excludes amnesty for crimes, including genocide, terrorism, murder and infliction of serious bodily injuries, sexual crime, hostage-taking and human trafficking. However, the law appears to enable amnesty for acts of torture, which should be clarified in order to bring the law in line with international norms and standards.

A worrying new tendency in Crimea, in addition to the previous human rights violations reported, are the increasing number of cases of enforced disappearance. In particular, I wish to express concern over four abducted Crimean Tatar men in Crimea, during the last month. One has been found dead. It is imperative that the whereabouts of these missing persons is clarified and those responsible are held accountable.

The way forward?

Madam President, ladies and gentlemen,

The implementation of the 5 September ceasefire agreement remains fragile. Human rights violations and violations of international humanitarian law continue to be committed. There is a clear threat that we may be facing yet another protracted low-intensity conflict.

Nonetheless, the 5 September ceasefire agreement, still presents the most significant opportunity for a peaceful solution to the situation in the east. I firmly believe that the 12-point Minsk Protocol has its best chances of holding if it is implemented in line with human rights standards.

Almost half of the provisions in the 12-point Minsk Protocol could in fact have a direct positive bearing on the human rights situation.  To contribute to sustainable peace and enable reconciliation, the implementation of the agreement should be based on respect for the rule of law and human rights.

I also welcome the decree signed by President Poroshenko on 15 October 'On drafting of National Strategy in a Field of Human Rights' aimed to create mechanism for comprehensive insurance of human rights. The document obliges the Cabinet of Minister to ensure drafting of National Strategy in a field of human rights with participation of state authorities, local government bodies, civil society and international experts.  OHCHR is working hand in hand with the broader UN system, the Council of Europe, the National Human Rights Institution and the Government to ensure a comprehensive approach to UN requirements as part of the EU accession process.

As Ukrainians prepare for Sunday’s Parliamentary elections, we call on the authorities to ensure that they are conducted in a free, fair and open manner, and in an atmosphere of tolerance, peace and respect for human rights of all.

I thank you for your attention.