Security Council briefing on the 12th OHCHR report on the human rights situation in Ukraine: Statement by Assistant Secretary-General for Human Rights, Ivan Šimonović, New York, 11 December 2015

Madam President, Excellences, ladies and gentlemen, Thank you for the opportunity to brief the Council. I am very happy that Ambassador Apakan of the OSCE, with whom we closely cooperate in our field activities, is also with us today via videoconference. OHCHR’s assessment of the human rights situation in Ukraine is based on the reports of our Monitoring Mission over the last twenty months, both in Government-controlled territories and in territories controlled by the armed groups. The Mission also continuously monitored the human rights situation in the Autonomous Republic of Crimea, the status of which is prescribed by General Assembly resolution 68/262 on the territorial integrity of Ukraine. The 12th report, covering the period between 16 August and 15 November 2015 was released two days ago. Armed conflict The last several months were marked by a considerable decrease in hostilities. Though the hostilities have not ceased completely, shelling of populated areas has decreased dramatically. The number of civilian casualties, especially those caused by shelling, has also significantly dropped. The total number of civilian deaths recorded by the HRMMU between 16 August and 15 November is 47. This is a sharp decrease when compared to the previous reporting period (16 May – 15 August) when we recorded 105 killed. We are now observing the longest period of time since the beginning of the conflict, when no large-scale indiscriminate shelling of populated areas is taking place, and reports about people killed by shelling are singular. People, however, continue to die; increasingly from explosive remnants of war and improvised explosive devices. The share of civilian casualties (including deaths and injuries) caused by explosive remnants and improvised devices in recent months stands at about 80 per cent. We should also not forget that the current relative calm in the conflict area may be just another manifestation of the repeating pattern we have been observing in Ukraine since the beginning of the conflict: a surge in hostilities accompanied by massive civilian casualties, which is followed by a ceasefire agreement, which is then followed by a decrease in hostilities and civilian casualties, and which is once again followed by a new escalation of hostilities. This must not happen again. The overall death toll of the conflict is already too high. Since the start of the hostilities in mid-April 2014 until 7 December 2015, in the conflict area of eastern Ukraine, at least 9,115 people were killed. As before, it is a conservative estimate and the real number of conflict-related casualties is considered to be higher. Madam President, Looking ahead, OHCHR sees the implementation of the Minsk Agreements as the only viable strategy for achieving a peaceful solution in Donbas, which, in turn, is key for resolving the human rights crisis in Ukraine. In the area of hostilities, the continued avoidance of shelling of populated areas remains a top priority, along with wide-scale mine action activities. All parties involved in the hostilities should investigate all incidents of civilian casualties caused by military action, and are encouraged to establish civilian casualty mitigation cells. There is an urgent need for extensive mine action activities, including the establishment of appropriate coordination mechanisms, mapping and mine risk education and awareness on both sides of the contact line. In this regard, we are glad to see that discussion on coordinated demining efforts is progressing in the Trilateral Contact Group on Ukraine. The work of the Mine Action Sub-Cluster supports the efforts to decrease risks for the local population. One of the most gruesome legacies of the conflict is awaiting action: the search for missing persons and the recovery and identification of mortal remains. According to the Ministry of Internal Affairs of Ukraine, as of 18 September, over 3,000 people were still registered missing. In the search for them, three things seem to be essential. First – better internal coordination of the governmental bodies of Ukraine, in particular the Ministry of Internal Affairs, the Security Service and the Ministry of Defence. This would provide for a one-stop shop mechanism for the relatives of missing persons. Second – larger engagement of civil society in this work. And last, but not least, interaction with relevant actors on the territories controlled by the armed groups. Situation in the East Let me now turn to the situation in the East. Even with the relative military calm on the ground, the lack of rule of law makes the human rights situation of the estimated 2.7 million people living in the territories controlled by the self-proclaimed ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ very difficult. Reports of human rights abuses on these territories persist, including those related to killings, torture and ill-treatment, illegal detention and forced labour. Local residents continue to remain without any effective protection of their rights, and there is a lack of accountability or possible redress. Places of detention maintained by the armed groups remained virtually inaccessible for independent oversight; and international organizations, including the Human Rights Monitoring Mission, do not have access to detainees. These are the places where human rights abuses are most frequently reported, and where victims are most vulnerable. Let me bring you an example: On 15 October, the Human Rights Monitoring Mission interviewed a man, who spent a year in the armed groups’ captivity and described in detail the conditions in the former premises of the Security Service of Ukraine in Donetsk – namely overcrowding, insufficient nutrition and lack of adequate medical treatment – as well as ill-treatment, torture and forced labour. He also reported numerous incidents when he and other detainees, including women, were tortured – through mock executions, beatings and electrocution. Social and economic rights Residents of the territories controlled by the armed groups also continue to face difficulties in exercising their economic and social rights, in particular access to quality medical care, accommodation, social services and benefits, as well as insecurity related to housing, land and property rights, including possible confiscation as well as lack of compensatory mechanisms for damaged, seized or looted property. The onset of winter and impediments to the work of humanitarian organisations could worsen the situation. A person, recently interviewed by the OHCHR team in Donetsk, said: “We are afraid to give birth and we are afraid to die.” Due to the further deterioration of the economic situation and lack of employment opportunities, even a funeral has become unaffordable for some families. In addition, civil registration documents – birth, death, marriage, divorce and medical certificates – issued on the territories controlled by armed groups are considered invalid by Ukrainian authorities. This precludes people from accessing basic social and medical services. I have heard numerous examples of the hardships faced by people to validate their documents or obtain new ones. There are concerns that children being born now may remain stateless. Immediate steps need to be taken to address this problem. OHCHR also continues to observe pervasive self-censorship and an inability for media professionals to exercise any type of freedom of expression in the east. We also observe that rallies to challenge the policies of the self-proclaimed ‘Donetsk people’s republic’ or ‘Luhansk people’s republic’ have been extremely rare because people report being afraid to assemble and speak out. A majority of civil society actors and human rights defenders are unable to operate. Contact line Madam President, Restrictions on movement across the contact line imposed by the Government of Ukraine in January 2015 remain one of the major challenges for people living in the conflict area. This has led to their sense of increased isolation, as well as to their impeded access to medical care and social benefits, and disrupted family links. People often spend hours and even nights waiting in queues to pass the series of checkpoints, with limited access to water and sanitation facilities. The presence of mines alongside the official transport corridors is an additional security risk. Conduct of Ukrainian law enforcement Efforts of the Government of Ukraine to restore law and order in the conflict zone continued to be accompanied by allegations of enforced disappearances, arbitrary and incommunicado detention, as well as torture and ill-treatment of people suspected of trespassing against the territorial integrity or terrorism or believed to be supporters of the self-proclaimed ‘Donetsk people’s republic’ and ‘Luhansk people’s republic’. Elements of the Security Service of Ukraine appear to enjoy a high degree of impunity, with rare investigations into allegations involving them. The conduct of those elements of the Ukrainian law enforcement, which are under the Ministry of Internal Affairs, is also of concern. OHCHR reiterates that a proper and prompt investigation of every single reported case of serious violations of international human rights law and international humanitarian law by Ukrainian military and law enforcement elements should be carried out, perpetrators should be brought to justice, and victims should receive compensation. Accountability has yet to be achieved for the killing of protestors and other human rights violations committed during the Maidan events in Kyiv, from November 2013 to February 2014. Similarly, there has been no progress in ensuring accountability for the death of 48 people during the violence of 2 May 2014 in Odesa and criminal proceedings so far do not seem impartial. Crimea Looking back, the human rights situation in Crimea has shown no signs of improvement in 2015. Fundamentally, it is still not possible to express views that differ from those promoted by the de facto authorities and the Russian Federation. Those perceived as being in opposition are intimidated and persecuted. The law enforcement and the justice system are used as instruments of repression. Crimean Tatar media outlets have been shut down. Seven Crimean Tatars having participated in a pro-Ukrainian demonstration in February 2014 have been arrested this year. No progress has been made in the investigations of the murder of Reshat Ametov or the disappearances of pro-Ukrainian activists in 2014. A recent development that brought additional attention to Crimea has been a trade blockade initiated in September by the Crimean Tatar leadership in Ukraine. A further development was the damage caused to four transmission towers – located in mainland Ukraine – that supply electricity to Crimea. While the de facto authorities of Crimea have redirected existing energy resources to the most critical social infrastructure, such as hospitals, the human rights impact of this situation has been particularly acute for people living alone, with limited mobility and low income in remote areas. Positive developments On a positive side, during the reporting period, the Government of Ukraine adopted a National Human Rights Strategy and started developing an Action Plan to implement it. Ukraine extended the jurisdiction of the ICC, which applied to the period of the Maidan events, for crimes committed after 20 February 2014, including therefore in relation to the violence of 2 May 2014 in Odesa and the conflict in the east. Constitutional amendments on decentralization were also passed on first reading. All these are welcome developments. Way forward Finally, a few words on the way forward. In the territories controlled by the armed groups, the priority is the release of all illegally detained people and the provision of independent monitors, including international organizations, with access to places of detention. In this context, we were glad to learn about the recent statement by Martin Sajdik, the Special Representative of the OSCE Chairperson-in-Office in Ukraine and in the Trilateral Contact Group on Ukraine, who said that it is very important to achieve the progress in the release of detainees by the New Year. We have advocated for “all for all” release to be included in the Minsk Agreements, and now urge its full and speedy implementation. Regarding the Government of Ukraine, OHCHR would prioritise justice and accountability for the violations committed during the Maidan events, violence on 2 May 2014 in Odesa, and human rights violations reported to have been committed in the armed conflict area. We also call the Government of Ukraine to reconsider restrictions of freedom of movement across the contact line imposed in January 2015. We also look forward to see the implementation by the Government of the decision of the High Administrative Court of Ukraine to resume the payment of pensions and benefits for people living in the areas controlled by the armed groups, and the adoption of amendments to the law on IDPs. As an additional human rights and humanitarian-centred confidence building measure, we would encourage the Government of Ukraine to recognise civil registration documents, such as birth, death and marriage certificates, issued in territories controlled by the armed groups.reg – in line with the jurisprudence of the International Court of Justice and the European Court of Human Rights. With respect to Crimea, we reiterate the importance of OHCHR’s monitors being granted access to the peninsula in order to be able to effectively monitor – on the spot – the human rights situation, which, as I mentioned earlier, shows no signs of improvement. The sentencing of Oleh Sientsov and Oleksandr Kolchenko are recent examples of the failure to uphold fair trial principles. Urgent steps must be taken to address all the cases of disappearances as well as the killing of Reshat Ametov in March 2014. We also call for the unimpeded exercise of the rights to freedom of peaceful assembly, expression and religion by all Crimean residents and urge the de facto authorities and the Russian Federation to accept and protect all non-violent forms of expression, including cultural and language rights. Ladies and gentlemen, OHCHR will continue to monitor and advocate on the human rights situation in Ukraine in 2016. We are planning to look into particular human rights, especially those which are most at risk, and expand our presence in the east with the opening of the new office in Kramatorsk, and increasing the number of staff in Donetsk and Luhansk. We also stand ready to facilitate a number of visits of Special Procedures to the country, so that the Council has better and more comprehensive vision of the human rights situation. Last but not least, we are planning to support the implementation of the National Human Rights Action Plan working hand in hand with the Council of Europe, the UN system in Ukraine and other international partners to conduct more technical assistance activities to build the capacities of national and local actors, including the Ombudsman office and non-governmental organizations, in order to contribute to strengthened human rights protection for all. Deterioration of the economic situation will make necessary reforms more difficult and international support will be needed for their success. Thank you