Human Rights Council Hears that the Security Situation in Mali is Very Concerning, and that Severe Violations of Human Rights Have Become Shockingly Routine in Ukraine

MORNING 31 March 2023

The Human Rights Council this morning held an interactive dialogue with the Independent Expert on the situation of human rights in Mali, followed by an interactive dialogue with the High Commissioner on the findings of the report of the Office of the High Commissioner for Human Rights on the situation of human rights in Ukraine.

Alioune Tine, Independent Expert on the situation of human rights in Mali, said he was satisfied with the high-quality cooperation he received from the Government and welcomed the presence of two Malian Ministers which reflected Mali’s great interest in promoting and protecting human rights. The two themes of his fifth report were the security crisis and its impact on the lives of civilian populations, and the shrinking space for civil society and respect for the rule of law. The report concluded with urgent recommendations to be implemented. With regard to the security context, despite the notable efforts made by the Malian authorities, the situation remained very concerning, with attacks against civilians, the United Nations Multidimensional Integrated Stabilisation Mission in Mali, as well as the Malian defence and security forces by violent extremist groups as well as unarmed individuals whose modus operandi was similar to that of violent extremist groups.

On the shrinking of space for civil society and respect for the rule of law, the Independent Expert was deeply concerned as civil society had almost entirely disappeared, with no freedom of the press or of self-expression. There were also attacks on human rights defenders, including on the Independent Expert himself on social media at the point of his visit. He had been stopped and questioned by police officers. Many human rights defenders referred to “taboo subjects” which they did not dare address, including allegations of human rights violations attributed to the Malian security forces and Russian security personnel, often referred to as “Wagner”. The Malian State was reputedly suffocating the work of human rights defenders by referring to them as foreign agents.

Mamadou Kassogue, Minister of Justice and Human Rights of Mali, speaking as a country concerned, said Mali deplored the overall approach of the report as it did not take into account the many efforts made and significant progress achieved in the area of security and in the promotion and protection of human rights. Several measures had been taken by the Malian authorities to combat impunity, as part of the zero-tolerance policy against abuses. In this context, the Government deeply regretted that the report insinuated a lack of political will or an inability on the part of the State to prosecute. There were no restrictions in Mali on civil space, and the exercise of civil liberties was regulated by law.

In the discussion, many speakers thanked the Independent Expert for his report on the human rights situation in Mali and supported the renewal of his mandate. They were alarmed by the deteriorating human rights situation accompanying Mali’s worsening security crisis, including the systematic targeting of civilians by extremist armed groups. Speakers also expressed concern at the continued reports of violations committed by national forces and the Wagner group, including conflict-related gender-based violence. Speakers noted with concern the shrinking civic space and growing pressure on freedom of expression, including attacks on human rights defenders, who have been forced to flee the country. Many speakers supported the Transitional Charter and welcomed the peace agreement on political transition in Mali. Some speakers noted that the lack of real political will of the Malian authorities to prosecute the perpetrators of violations continued to undermine the fight and it was hoped Mali would change course on this.

Speaking in the discussion on Mali were Belgium on behalf of Belgium, Netherlands and Luxembourg, European Union, Iceland on behalf of Nordic-Baltic countries, Côte d'Ivoire on behalf of a group of African States, Sierra Leone, Burkina Faso, United States, China, Venezuela, Egypt, United Kingdom, Spain, Sudan, South Sudan, Libya, Senegal, Mauritania, Botswana, Office of the United Nations High Commissioner for Refugees, Niger, Australia, Russian Federation, Chad, Ireland, and France.

Also speaking were Centre Independent de Recherches et d'Iniatives pour le Dialogue, Anti-Slavery International, Centre du Commerce International pour le Développement, International Federation for Human Rights Leagues, Rencontre Africaine pour la defense des droits de l'homme, Elizka Relief Foundation, Interfaith International, and Human Rights Research League.

The Council then held an interactive dialogue with the High Commissioner on the findings of the report of the Office of the High Commissioner on the situation of human rights in Ukraine

Volker Türk, United Nations High Commissioner for Human Rights, said after 13 months of the Russian Federation's war against Ukraine, severe violations of human rights and international humanitarian law had become shockingly routine. People across the country faced massive suffering and loss, deprivation, displacement and destruction. And the continuing worldwide effects of this war – including on countries without any kind of involvement – were profound. Using rigorous methodology, the Office had verified more than 8,400 civilian deaths, and over 14,000 civilians wounded, since 24 February 2022. Most of the casualties resulted from Russian forces' use of wide-impact explosive weaponry in residential neighbourhoods. In occupied areas of Ukraine, it had documented numerous summary executions and targeted attacks on civilians since February 2022 by Russia’s military forces, including affiliated armed groups, such as the Wagner group. It had also documented 621 cases of enforced disappearances and arbitrary detention. Interviews with civilians released from detention indicated that 91 per cent of them were tortured or ill-treated by Russian personnel.

During the same period, Mr, Türk said the Office had documented 91 cases of enforced disappearances and arbitrary detention by Ukrainian security forces. Ukrainian civilians had been transferred to occupied territory or to the Russian Federation. They included children and adults who had been housed in social care institutions, as well as unaccompanied children. These transfers could constitute violations of article 49 of the Fourth Geneva Convention, which prohibited forcible transfers to occupied territory, or deportations to any other country, regardless of their motive. Russia's war on Ukraine continued to send shock waves across the world. Sharp increases in the prices of food, energy, fertiliser and other essential commodities had heightened tensions and inequalities in every region. The most severe global cost-of-living crisis in a generation was harming the lives and livelihoods of an estimated 1.6 billion people, and had pushed more than 71 million people into poverty.

Yevheniia Filipenko, Permanent Representative of Ukraine to the United Nations Office at Geneva, speaking as a country concerned, thanked the High Commissioner for his oral update which together with reports provided a disturbing picture of the dire and continuous deterioration of the human rights situation in Ukraine. For the second year, Russia's full-scale invasion of Ukraine continued to inflict violence, destruction and unspeakable human suffering. Russia’s persisting heinous attacks against residential buildings, schools and medical facilities, critical infrastructure, deliberate targeting of civilians or civilian objects, wilful killings, torture, rape, unlawful transfers and deportations had become a hallmark of Russia’s terror against Ukraine. The brutality was manifested in the inhumane treatment of the Ukrainian prisoners of war, who were subjected to torture and execution through violent beatings, electrocution, strangulation, sexual violence or torture by fire.

In the discussion, many speakers strongly reiterated their condemnation of Russia’s illegal and unjustified full-scale invasion of Ukraine and said they would do everything possible to hold Russia fully accountable for war crimes and other grave violations of international law. Speakers were extremely dismayed over the scale of destruction and magnitude of civilian casualties as a result of Russia’s brutal, unprovoked and unjustified war of aggression against Ukraine, which had resulted in widespread terror and intolerable suffering with far-reaching consequences. The international community had witnessed images and reports of attacks against civilian infrastructure, as well as sexual and gender-based violence. These blatant violations of international law had caused immense suffering to the people of Ukraine, a sovereign and independent country, as well as to people around the world, and challenged the entire rules-based international order.

Speaking in the discussion were Estonia on behalf of Nordic-Baltic countries, European Union, Lithuania, Liechtenstein, Sovereign Order of Malta, Ireland, Czech Republic, United States, Germany, Portugal, Japan, China, Cyprus, France, Latvia, Luxembourg, North Macedonia, Russian Federation, Canada, Poland, Venezuela, Slovakia, Netherlands, Republic of Moldova, Austria, United Kingdom, Spain, Albania, Türkiye, Georgia, Montenegro, Australia, Croatia, Belarus, Romania, Bulgaria, Democratic People's Republic of Korea, Belgium, Syria, and Slovenia.

Also speaking were International Fellowship of Reconciliation, Institute for Reporters' Freedom and Safety, Conscience and Peace Tax International, Institute for Human Rights, Human Rights House Foundation, World Federation of Ukrainian Women's Organizations, United Nations Watch, Amnesty International, Partners For Transparency, iuventum e.V., and Meezaan Centre for Human Rights.

The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-second regular session can be found here.

The Council will reconvene this afternoon at 3 p.m. to hold a high-level interactive dialogue to assess developments in the situation of human rights on the ground in the Central African Republic, followed by an interactive dialogue on the High Commissioner’s report on South Sudan.

Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Mali

Report

The Council has before it the report of the Independent Expert on the situation of human rights in Mali (A/HRC/52/81).

Presentation of Report

ALIOUNE TINE, Independent Expert on the situation of human rights in Mali, said he was satisfied with the high-quality cooperation he received from the Government and welcomed the presence of two Malian Ministers which reflected Mali’s great interest in promoting and protecting human rights. The two themes of his fifth report were the security crisis and its impact on the lives of civilian populations, and the shrinking space for civil society and respect for the rule of law. The report concluded with urgent recommendations to be implemented. With regard to the security context, despite the notable efforts made by the Malian authorities, the situation remained very concerning, with attacks against civilians, the United Nations Multidimensional Integrated Stabilisation Mission in Mali, as well as the Malian defence and security forces by violent extremist groups, as well as unarmed individuals whose modus operandi was similar to that of violent extremist groups.

There was a continuing rise in the number of internally displaced persons, and a worrying deterioration in education, due to the closing of schools for security reasons. There had been a 13 per cent increase in internally displaced persons, rising to over 412,000, and a 20 per cent increase in school closure. There had been considerable progress on the human rights situation, with a setting of laws for reparations for human rights violations, and a draft text to create a National Human Rights Directorate being adopted. Mali’s partners and the international community should support Mali in these initiatives. There ought to be an increase in trials of suspects of human rights violations as quickly as possible. There was concern for the impact that the crisis had had upon civilians during the period of the report, including a 49 per cent increase in gender-based violence.

On the shrinking of space for civil society and respect for the rule of law, the Independent Expert was deeply concerned as civil society had almost entirely disappeared, with no freedom of the press or of self-expression. There were also attacks on human rights defenders, including on the Independent Expert himself on social media at the point of his visit. He had been stopped and questioned by police officers. Many human rights defenders referred to “taboo subjects” which they did not dare address, including allegations of human rights violations attributed to the Malian security forces and Russian security personnel, often referred to as “Wagner”. The Malian State was reputedly suffocating the work of human rights defenders by referring to them as foreign agents.

The country was now engaging in an electoral process, and there must be wide-ranging debate and thought, so the authorities should ensure that human rights and freedom of expression, press, association and others be allowed, including for the opposition. Elections should be a moment when all freedoms blossomed. The authorities and the international community should rethink their strategies and focus more on integrated strategies to ensure citizen safety, development, and the respect and protection for human rights.

Statement by Country Concerned

MAMADOU KASSOGUE, Minister of Justice and Human Rights of Mali, said Mali deplored the overall approach of the report as it did not take into account the many efforts made and significant progress achieved in the area of security and in the promotion and protection of human rights. Several measures had been taken by the Malian authorities to combat impunity, as part of the zero tolerance policy against abuses. In this context, the Government deeply regretted that the report insinuated a lack of political will or an inability on the part of the State to prosecute. Continuing in this vein, the transitional authorities were determined to put an end to impunity, as evidenced by the holding of several special trial sessions in 2021, 2022 and 2023 to try cases of serious human rights violations.

In addition, the determined fight against descent-based slavery should be noted, against which energetic measures had been taken, including the availability of a specific draft law against slavery and the holding of a special session of the Court of Assizes in Kayes in March 2023, which tried nearly 100 people. The Government was unremitting when it came to prosecuting and punishing proven perpetrators of human rights violations, and was only held up by objective constraints. The Malian army was republican, professional, multi-ethnic and perfectly aware of its primary responsibility to protect all Malian populations.

There were no restrictions in Mali on civil space, and the exercise of civil liberties was regulated by law. Respect for the rights of Malian citizens was carefully monitored by the National Human Rights Commission. A timetable for political and electoral reforms had been adopted in an inclusive and transparent manner with the involvement of all the active forces of the country and partners such as the Economic Community of West African States, the African Union, and the United Nations. The electoral law was drawn up in a participatory process involving political parties and civil society organizations, and the new Constitution was drafted in the same process.

With regard to the Agreement for Peace and Reconciliation in Mali, resulting from the Algiers process, the Government remained committed to its diligent and intelligent implementation, despite the current difficulties. Within the framework of transitional justice, the Government of Mali had approved a national reparation policy. The 2021-2025 action plan established general rules for reparation of damages caused by serious human rights violations, and created an agency dedicated to this reparation. The fight against gender-based violence was another priority of the Government, and efforts had been made to improve legal and judicial responses. Mali reaffirmed its firm commitment to continue its cooperation with all human rights mechanisms, while opposing the politicisation and instrumentalisation of human rights.

Discussion

Many speakers thanked the Independent Expert for his report on the human rights situation in Mali. They were alarmed by the deteriorating human rights situation accompanying Mali’s worsening security crisis, including the systematic targeting of civilians by extremist armed groups. These violent extremist groups posed a dangerous threat to civilians, humanitarian workers, and the stability and security of Mali. Speakers also expressed concern at the continued reports of violations committed by national forces and the Wagner group, including conflict-related gender-based violence. The report of the Independent Expert illustrated that much remained to be done. A year on from the horrific massacre in Moura, speakers hoped the United Nations would issue its report and shed light on what happened. Long-term stability required accountability and justice.

Some speakers noted with concern the shrinking civic space and growing pressure on freedom of expression, including attacks on human rights defenders, who had been forced to flee the country. The decision by Malian authorities to declare the Director of the Human Rights Division of the United Nations Peacekeeping Mission in Mali "persona non grata” and the difficulties which the Independent Expert faced during his visit were worrying developments. It was commendable that the rate of women's representation in the implementing bodies of the Peace Agreement had increased over the past year.

Speakers supported the Transitional Charter and welcomed the peace agreement on political transition in Mali. They said they were prepared to support the people of Mali to secure peace, stability and prosperity. The setting of a timetable for a return to constitutional order by Mali, in conjunction with the Economic Community of West African States, the African Union and the United Nations, was a positive point. Noting the recent postponement of the referendum on the new constitution, it was important to respect this timetable and create conditions in which credible, free and transparent elections could take place.

The Malian Government was commended for the progress made so far on the establishment of a consensual timetable for a return to constitutional order. It was positive that the Independent Expert was able to travel to Mali and speakers applauded the Government of Mali for cooperating with him. Despite challenges related to terrorism and the effects of climate change in Mali, the Government's willingness to introduce laws and measures that created a conducive ground for the legal framework, and the protecting of the civilian population and securing the territory, which aimed at advancing human rights, was indicative of the commitment of the Government to fulfil its obligation in promoting and protecting human rights in the country. Some speakers noted that the lack of real political will of the Malian authorities to prosecute the perpetrators of violations continued to undermine the fight and it was hoped Mali would change course on this.

Speakers asked the Independent Expert, among other things, how the Malian authorities could improve freedom of speech and association, and how could the international community most effectively address the shrinking civic space in Mali? What was the Independent Expert’s assessment regarding the press statement issued in January of possible war crimes and crimes against humanity committed by government forces and the Wagner group?

Intermediate Remarks

ALIOUNE TINE, Independent Expert on the situation of human rights in Mali, said he wished to commend the statement made by the Minister from Mali. In his work he tried never to accuse anybody, and his report emphasised processes, such as the timeline adopted by the Government for transition. Mali was the only country in the region that had made progress, setting up elections, working on drafting a Constitution, and working on impunity. What they had done with slavery was a first, ensuring that any cases of “slavery by descent” would be punished. It was clear that Mali was deeply interested in human rights. There was a lot of insecurity in the country, and clearly there needed to be an intervention to try to improve this situation, strengthening the authority of the State, strengthening security, and punishing those who committed gender-based violence. On Wagner and Russian security personnel, he had discussed this issue with the Government and they had received some very specific testimony. The Government had said it would open an investigation into these alleged crimes. He hoped that civic space would increase during the run-up to the elections.

Discussion

Some speakers expressed their appreciation for the report of the Independent Expert on the human rights situation in Mali, and fully supported the renewal of his mandate. The increase in internally displaced persons and the number of school closures generated by insecurity would bear long-term consequences for the people of Mali. The culture of impunity for human rights violations and abuses, committed by a variety of actors, including national security forces, remained a significant challenge. The shrinking of civic space and constraints on freedom of expression, including growing levels of self-censorship and reported attacks against human rights defenders, were deeply worrying and fostered an environment conducive to impunity. The involvement of Malian armed forces in attacks against civilians were condemned, as well as the enlistment of children in the army.

The Malian authorities were called upon to bring to justice all perpetrators of violations and abuses of human rights and violations of international humanitarian law. Civilians could not continue to bear the brunt of political insecurity. Mali was called on to ensure the freedom of press and civil space, and to take action to promote and protect the rights of women and girls, including by proactively addressing gender-based violence. An independent inquiry into the abuses committed in Mali by Government forces and the Wagner group was necessary. Light needed to be shed on situations like those which took place in Moura more than a year ago; justice was owed to the victims.

Some speakers welcomed Mali's desire to stabilise the internal political situation, resolve acute socio-economic problems, and hold elections at all levels before February 2024. The country was facing challenges in the field of human rights in the transition period, and it was necessary to help the Malian authorities and not to dictate their course of action. Speakers pledged to continue to provide comprehensive support to the country, including in the humanitarian sphere. The recommendations to the Malian Government to make sub-regional cooperation more robust were supported. Speakers welcomed the clear willingness of the Malian authorities to cooperate with all existing mechanisms, such as the local transition monitoring committee composed of the Economic Community of West African States, the African Union, and the United Nations Multidimensional Integrated Stabilisation Mission in Mali, and the Independent Expert's multiple visits to the country.

Some speakers noted the positive progress made by the transitional Government towards restoring constitutional order through the adoption of a transitional timetable detailing the various stages leading to elections. They strongly supported the Independent Expert's recommendation urging the Government of Mali and its partners to act so that the current geopolitical and geostrategic shift did not contribute to the aggravation of political tensions and insecurity, but rather brought about the strengthening of peace, stability and security in Mali. The commitment of the United Nations Multidimensional Integrated Stabilisation Mission in Mali was commended. How could the international community best encourage the Malian authorities to address human rights violations and abuses and improve accountability in Mali?

Concluding Remarks

ALIOUNE TINE, Independent Expert on the situation of human rights in Mali, said the main problem for Mali, which gave rise to all the others, was the security situation. It was quite clear that since 2012 no solution had been found to bring stability and security. It was not a Malian crisis, in his opinion, it was a regional crisis, which meant that the solution could not be found at the national level, requiring a re-assessment of the situation. The crisis had spread to all the coastal countries: Togo, Benin, and even Senegal. The global security strategy required re-assessment in order to strengthen stability. The Malian army had improved since 2013 - the means were there, but there were limits, and these had to be examined so as to see exactly what Africans could do. The international community needed to look at to what extent African initiatives, supported by the international community, could bring lasting stability and security, so that they combatted terrorism in Mali together. If the current schemes were used, the same discussions would be happening in 20 years: this could not be politicised. The whole situation needed to improve, but it could not be solved, he repeated, only at the national level.

Interactive Dialogue with the High Commissioner for Human Rights on the Findings of the Report of the Office of the High Commissioner on the Situation of Human Rights in Ukraine

Report

The Council has before it the report by the Office of the High Commissioner for Human Rights on the situation of human rights in Ukraine: 1 August 2022 to 31 January 2023 (A/HRC/52/CRP/6)

Presentation of Report

VOLKER TÜRK, United Nations High Commissioner for Human Rights, presenting the report of the Office of the High Commissioner for Human Rights on the situation of human rights in Ukraine, said after 13 months of the Russian Federation's war against Ukraine, severe violations of human rights and international humanitarian law had become shockingly routine. People across the country faced massive suffering and loss, deprivation, displacement and destruction. And the continuing worldwide effects of this war – including on countries without any kind of involvement – were profound.

Using rigorous methodology, the Office had verified more than 8,400 civilian deaths, and over 14,000 civilians wounded, since 24 February 2022. Most of the casualties resulted from Russian forces' use of wide-impact explosive weaponry in residential neighbourhoods. In occupied areas of Ukraine, it had documented numerous summary executions and targeted attacks on civilians since February 2022 by Russia’s military forces, including affiliated armed groups, such as the Wagner group. It had also documented 621 cases of enforced disappearances and arbitrary detention. Interviews with civilians released from detention indicated that 91 per cent of them were tortured or ill-treated by Russian personnel.

During the same period, the Office had documented 91 cases of enforced disappearances and arbitrary detention by Ukrainian security forces. Ukrainian civilians had been transferred to occupied territory or to the Russian Federation. They included children and adults who had been housed in social care institutions, as well as unaccompanied children. These transfers could constitute violations of article 49 of the Fourth Geneva Convention, which prohibited forcible transfers to occupied territory, or deportations to any other country, regardless of their motive.

More than 90 per cent of Ukrainian prisoners of war that the Office interviewed said that they were tortured or ill-treated. Almost half of the Russian prisoners of war who were interviewed indicated that they had been tortured or ill-treated. The Office documented the summary execution by Russian personnel of Ukrainian prisoners of war shortly after their capture, with one victim severely mutilated before he was killed. Ukrainian prisoners of war who were captured during battle were also frequently tortured or ill-treated, with at least one such prisoners of war dying within hours of his torture. The Office had documented the summary execution by Ukrainian armed forces of Russian prisoners of war and personnel hors de combat, immediately following their capture. International humanitarian law encapsulated minimum core values that, in the most distressing circumstances, preserved our humanity, the High Commissioner said. Even amid the bloodshed of war, the rules of international humanitarian law especially protected the lives and dignity of civilians, wounded and sick soldiers, and prisoners of war. All these victims had a right to justice – and to a just peace.

Russia's war on Ukraine continued to send shock waves across the world. Sharp increases in the prices of food, energy, fertiliser and other essential commodities had heightened tensions and inequalities in every region. The most severe global cost-of-living crisis in a generation was harming the lives and livelihoods of an estimated 1.6 billion people, and had pushed more than 71 million people into poverty. At a time when humanity faced overwhelming existential challenges, this destructive war was tugging it away from the work of building solutions – the work of ensuring survival. This war defied any reason. This madness must end, and peace must be found, in line with the United Nations Charter and international law.

Statement by Country Concerned

YEVHENIIA FILIPENKO, Permanent Representative of Ukraine to the United Nations Office at Geneva, speaking as a country concerned, thanked the High Commissioner for his oral update, which together with reports provided a disturbing picture of the dire and continuous deterioration of the human rights situation in Ukraine. The Council had on numerous occasions received undeniable evidence that the only root cause of the violations of human rights of residents of Ukraine since 2014 had been an unjustified and unprovoked Russian aggression against Ukraine, which had been unequivocally. This supreme international crime had led to other atrocity crimes such as war crimes and crimes against humanity, many of them having explicit signs of genocide.

For the second year, Russia's full-scale invasion of Ukraine continued to inflict violence and destruction and unspeakable human suffering. Russia’s persisting heinous attacks against residential buildings, schools and medical facilities, critical infrastructure, deliberate targeting of civilians or civilian objects, wilful killings, torture, rape, and unlawful transfers and deportations had become a hallmark of Russia’s terror against Ukraine. The brutality was manifested in the inhumane treatment of the Ukrainian prisoners of war, who were subjected to torture and execution through violent beatings, electrocution, strangulation, sexual violence, or torture by fire. The arrest warrants issued by the International Criminal Court for Putin and lvova-belova for the unlawful deportation and transfer of Ukrainian children from occupied areas of Ukraine to the Russian Federation was an important legal step towards holding Russia to account for the most serious international crimes committed against Ukraine, and bringing justice for the victims.

The areas of Ukraine under temporary occupation by Russia, including parts of Donetsk, Luhansk, Kherson, Zaporizhzhia region and the Autonomous Republic of Crimea, remained black holes, where people were completely deprived of their basic rights and freedoms and were subject to persecution for their resistance to the foreign occupation. Ukraine took note of the information on the alleged violations from the Ukrainian side and of the recommendations in the reports which would be closely examined with a view to take necessary actions in line with national legislation and international obligations of Ukraine.

Discussion

Many speakers thanked the High Commissioner for the update and the continuous work of his Office on the ground. Many strongly reiterated their condemnation of Russia’s illegal and unjustified full-scale invasion of Ukraine and said they would do everything possible to hold Russia fully accountable for war crimes and other grave violations of international law. Speakers stated their unwavering support for Ukraine's independence, sovereignty and territorial integrity, as well as its pursuit of accountability for all violations of international law, including the crime of aggression. They called on Russia to end the war, and to withdraw its forces from within the internationally recognised borders of Ukraine, including Crimea.

Many speakers were extremely dismayed over the scale of destruction and magnitude of civilian casualties as a result of Russia’s brutal, unprovoked and unjustified war of aggression against Ukraine, which had resulted in widespread terror and intolerable suffering with far-reaching consequences. The international community had witnessed images and reports of attacks against civilian infrastructure, as well as sexual and gender-based violence. The attacks on medical and educational facilities were a violation of the right to health and the right to education of millions of Ukrainians. Equally worrying were reports of torture, ill-treatment, enforced disappearances, forced conscription and summary executions of prisoners of war. These blatant violations of international law had caused immense suffering to the people of Ukraine, a sovereign and independent country, as well as to people around the world, and challenged the entire rules-based international order.

The impact that Russia’s war had on civilians, including causing over 22,000 civilian casualties and mass displacement both internally and across Europe, was extremely concerning. From August 2022 to January 2023, the Office of the High Commissioner for Human Rights, through its Monitoring Mission in Ukraine, had recorded around 6,000 civilian casualties, with around 1,600 persons killed. In the first month of the war of aggression, from 24 February to 6 April 2022, around 440 killings of civilians by the Russian armed forces were documented, in the regions of Kyiv, Chernihiv and Sumy. One speaker said that there were innuendos regarding the crimes of the Ukrainian side, which were hushed up. There had been 25 extrajudicial executions and 113 cases of cruel torture by Ukrainians recorded, as well as wounded Russian military prisoners.

Speakers noted that Ukrainian children were paying a particularly high price for the brutal and unjustified war. More than 400 children had been killed, hundreds more injured and over million Ukrainian children were left without a peaceful and happy childhood, having lost family members, homes and schools. Numerous children had been systematically put through filtration camps and forcibly transferred within Ukraine and deported to Russia, many of them separated from parents and illegally adopted. As the Commission of Inquiry clearly stated, these forced transfers and deportations amounted to war crimes. Speakers were gravely concerned about the forcible transfers and deportations of children from Ukraine, as well as illegal adoptions of Ukrainian children.

It was firmly highlighted that the victims and survivors of Russia’s war of aggression had a right to justice and to reparations. Speakers took note of the International Criminal Court’s decision to issue arrest warrants against two individuals: the President of the Russian Federation Vladimir Putin, and the Commissioner for Children’s Rights in the Office of the President Maria Lvova-Belova, in connection with these alleged crimes. This decision was an important step towards ensuring accountability for all perpetrators for serious violations of international law, including for crimes and atrocities that had been committed in Ukraine.

Speakers asked the High Commissioner, among other things, if he could elaborate on the findings his Office had made on the forcible transfer and deportation of Ukrainian children to territories temporarily under Russian military control and to Russia? Could he address the growing evidence of sexual and gender-based violence being used, including against prisoners of war, and as a broader military tactic by Russia? How could the international community best support the fight against impunity, as well as persons with disabilities and older persons, given they were particularly vulnerable in situations of armed conflict and displacement?

Concluding Remarks

VOLKER TÜRK, United Nations High Commissioner for Human Rights, said this was a situation where there had been a flagrant violation of the United Nations Charter and international law, and it was against this backdrop that the situation of human rights in Ukraine was being considered. Since last summer, the Office had not had access to the occupied territory, but had been monitoring the situation remotely and through fact-finding missions in areas under Governmental control. It was clear that the Office needed to access the occupied territory of Ukraine to fulfil its monitoring obligations. The mission on the ground was still investigating the allegations of forced deportations and transfers of children. It was important, especially for the Council, to make sure that the Russian Federation shared information about children displaced from Ukraine, that family reconciliation was facilitated, and to consistently and coherently and robustly remind the Russian Federation of the obligation to respect international human rights law and international humanitarian law when evacuating any person, in particular children.

The Russian Federation must also adhere to the prohibition to change the nationality of any child forcibly evacuated, as well as that on adoption of such children. The Council should make sure that it supported all efforts that brought those responsible for human rights violations to justice. On accountability, it needed to be pursued at different levels, and not just the national level, and there were various international mechanisms that could aid in this regard. The Office had repeatedly expressed concern as to the international crimes committed in the form of war crimes; it would carefully continue to monitor, assess and report with regard to further crimes, such as crimes against humanity. The war had precipitated the most severe global economic crisis in generations, and it was critical for the Black Sea Initiative to continue.

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