Welcome to the United Nations 
OHCHR 
Statements Office of the High Commissioner for Human Rights
Statement by the Assistant Secretary General for Human Rights Mr. Ivan Šimonović at the OSCE/Permanent Council, Vienna, 7 July 2016
Human rights in Ukraine
07 July 2016
Share
Excellencies,
Ladies and gentlemen,
It is a real pleasure to be with you today and to brief the honourable members of the OSCE Permanent Council. OHCHR and OSCE are very close partners, in Ukraine as well as in many other countries. We have established long-standing relations and share the same commitment to advancing human rights and the rule of law, which are so important for the security of our societies and sustainable development.
As you probably know, OHCHR, through the UN Human Rights Monitoring Mission in Ukraine, monitors and reports on the human rights situation in Ukraine. We advise the Government on its international obligations to promote and protect the human rights for all who live in Ukraine. Our teams work on both sides of the contact line, with all parties to the armed conflict. We also meet and interview victims of, and witnesses to, violations of international human rights and humanitarian law. We work in partnership with many, and have, over the past two years developed very close cooperation with the OSCE Special Monitoring Mission, as well as other OSCE Institutions. Since March 2014, OHCHR has published 14 public reports on the human rights situation in Ukraine. The latest one covers the period 16 February to 15 May 2016. It marks two years since the start of the conflict and takes stock of the current human rights situation in Ukraine. Recently, from 28 May to 4 June, I also conducted a mission to Ukraine, which focused on the conflict affected areas in the east on both sides of the contact line.
Excellencies,
The conflict in and around Ukraine gets less and less attention internationally – in politics as well as in the media. This said, the humanitarian situation in the conflict zone in eastern Ukraine remains very difficult and has even deteriorated. As a consequence, there are less and less funds available to cover the growing humanitarian needs – with potentially dramatic consequences for the most vulnerable ones.
Some 3 million people live in conflict affected areas. They are all Ukrainian citizens. Communities are divided; families separated. People living in those areas have repeatedly told us that they feel abandoned. This incremental feeling of isolation emboldens those who promote enmity and violence, and undermines prospects for peace.
As of 30 June, this conflict has led to at least 31,350 casualties, among Ukrainian military, civilians and members of the armed groups. This includes 9,470 people killed and 21,880 injured. This is a conservative OHCHR estimate based on available data; we believe that the real casualty figures are higher. Out of 9,470 people killed, up to 2,000 were civilians. Most of them were killed as a result of indiscriminate or disproportionate shelling of residential areas, mostly in 2014 and the beginning of 2015.
Since the 1 September 2015 ceasefire, civilian casualties have substantially decreased with seven people killed and 33 injured on average per month, largely by mines, explosive remnants of war and booby traps. This shows us that a ceasefire can work, but must be fully implemented. There are, however, reasons for concern. In June, OHCHR recorded 69 civilian casualties – the highest monthly casualties since August 2015. 60 per cent of these casualties were caused by shelling from mortars and howitzers – weapons which are prohibited by the Minsk arrangements.
The majority of civilian casualties are recorded in the vicinity of Donetsk and Horlivka cities controlled by the armed groups, and in the towns of Avdiivka and Mariinka controlled by the Government. Clashes and exchanges of fire are reported in these hotspots on a daily basis.
Since mid-April, OSCE monitors have observed an increase in heavy weaponry near the contact line, where the sides are getting closer, at times only few 100 metres. There is a high risk of the re-escalation of wide-scale hostilities, if urgent action is not taken to separate sides and remove heavy weaponry. The most recent escalation of clashes near the town of Debaltseve on 29 June is very indicative and truly worrying in this regard – because of its intensity but also of symbolism – this is the place where bloody fighting was stopped by Minsk-2 in February 2015.
Explosive remnants of war and improvised explosive devices continued to account for about half of civilian casualties in recent months. Mines, booby traps, and unexploded remnants of war represent a major threat to civilians.
During my mission, I strongly advocated for the systemic coordination of mine action activities by all sides, better sharing of information, identification, mapping, marking and fencing off contaminated areas, their clearance, and comprehensive support for victims of mine and explosive remnant of war-related incidents.
Residents of territories under armed group control are particularly vulnerable to human rights abuses. Parallel governance structures are developing. There is an absence of rule of law. We hear first-hand accounts of arbitrary detention, torture and incommunicado detention. People have few possibilities to seek redress and have their voice heard.
In Government controlled areas, we document allegations of enforced disappearances, arbitrary and incommunicado detention, and torture by Ukrainian law enforcement officials, especially the Security Service of Ukraine (SBU).
The denial of access for the UN Subcommittee on Prevention of Torture to some SBU premises during its visit to Ukraine in late May strengthened these concerns. So, we very much welcome positive talks of the SPT with the Ukrainian authorities and received assurances that Ukraine will now fully abide by its obligation to allow the SPT to visit SBU facilities of their choice. SPT will return to Ukraine as soon as practically possible.
The fate of missing persons due to the conflict needs to be urgently addressed. Since mid-April 2014, 865 people are still considered missing in the Government-controlled parts of Donetsk region. In those districts of Donetsk region which are controlled by the armed groups, 496 individuals are reported missing. Bodies remain unidentified. Relatives have no access to meaningful information on the fate of missing loved ones. Commitment is required by all parties to the conflict to fully cooperate to solve such cases. The Government is in the process of developing a law on missing persons, which we welcome. We have also recommended the Government to establish an independent and impartial, centralized State authority for tracing missing persons and identifying human remains, with sufficient capacity and reach to carry out its mandate effectively.
For those living near the contact line, life is only hardship. We hear how local administrations do not work. Accessing basic public services is limited. Buying water or food is difficult. There is a need to protect critical civilian infrastructure including water installation and electrical power lines.
Shelling on 4th Of July in Horlivka has affected the Sieverskyi Donets-Donbas (SDD) channel potentially impacting the water supply to 2 million people on both sides of the contact line. The military are present near homes, schools or hospitals and accounts of military occupation of private houses are recurrent.
This disrupts and endangers the daily lives of people, including children. They become a potential target.
Much civilian property is damaged and people have nowhere to go. The Government should investigate and provide remedies in relation to all incidents of damage, confiscation and looting of property, including by the Ukrainian armed forces, and establish a mechanism for restitution.
Freedom of movement of civilians continues to be severely curtailed, with 20,000 to 30,000 people trying to cross the contact line each day, with only five corridors available, one of those open for pedestrians only. Civilians queue for long hours including overnight in the summer heat without any shelter, without potable water or toilets, with mined land next to the road even at times of heightened hostilities. On 27 April 2016, for example, four civilians were killed and eight others injured by shelling while waiting at a checkpoint on the road between Mariupol and Donetsk city. These restrictions affect family unity and have a direct impact on the daily life of civilians. Furthermore, civilians living in armed groups controlled territories face difficulties in accessing civil registration documents including birth and death certificates. They continue to face complications in having their pensions paid and in accessing proper social and medical services.
Excellencies,
It is hard to predict what will happen in Ukraine. The conflict could escalate, become a ‘frozen conflict’, or move towards sustainable peace. The last scenario is the only favourable one.
When talking to people in Government controlled areas, I have noticed that Minsk is not very popular, but it is still the best chance for a sustainable peace.
We strongly believe that many of the measures agreed at Minsk are human rights related, and that they must be implemented in line with human rights standards.
This crisis started with demands for human rights and freedoms, and these demands remain today on either side of the contact line. Unfortunately, fundamental freedoms are severely limited for people living in armed group-controlled areas. Limits to their freedom of expression, peaceful assembly, and association as well as lack of any space for dissenting views casts doubt on the prospects of holding free and fair elections in these areas, in line with OSCE standards, until the situation improves. Only respect for civil and political rights can bring them closer to the elections whose results can be recognised. In Government controlled areas, I also heard complaints about the curbing of civil and political rights, especially in the conflict zone. Of course the situation there is challenging but the Government should always uphold human rights and think about the future that the Ukrainians want for their country. The publication in May by the Ukrainian website ‘Myrotverets’ of the personal data of some 4,068 Ukrainian and international journalists supposedly accredited to work in the ‘Donetsk people’s republic’ was a worrying development. It raises a number of concerns, including that those on the list are portrayed in Government controlled areas as cooperating with terrorists, something which may endanger the individuals. Personal data must be protected to avoid misuse.
Rule of law is also an imperative. Ukraine needs a justice reform, which will strengthen the governance system to resolve disputes, fight corruption and address conflict related violations.
I commend the recent Constitutional amendments on the judiciary, which include support for an independent judiciary through further separation of powers. As with everything, their timely and effective implementation will be critical.
If we take the violence in Maidan and 2 May violence in Odesa, there has been no meaningful progress in bringing those responsible to justice. In Odesa, the proceedings and investigations have been marred with irregularities. The Government must take effective measures to protect judges from interference and pressure in high-profile cases. The recent adoption by the Parliament of constitutional amendments related to the judiciary has created a rare opportunity to break with the past. I want to stress the responsibility of the authorities of Ukraine to fulfil the promise of an independent judiciary without which there can be no effective system of governance, public trust, justice and accountability.
In a worrying pattern of behaviour, armed groups continue to deny all international organizations access to places of deprivation of liberty. The Security Services of Ukraine is also not always providing access to places where detainees may be kept. Independent international visits to all detention facilities and verification of all those held is a pre-condition for a successful ‘all for all’ release, envisaged by Minsk.
Another important element of the Minsk arrangements is the question of amnesty. In itself, amnesty is not a panacea. It will only work if Ukraine has a more reliable justice system capable of distinguishing and effectively prosecuting crimes. In addition, one should stress that war crimes, crimes against humanity and grave breaches of human rights cannot be the subject of an amnesty.
There is a worrying decrease in the standard of living and quality of social services in Ukraine. It is critical that everyone enjoy legal and social protection equally. The verification of social payments, introduced by the Government of Ukraine this year, has had an adverse impact on IDPs, especially the most vulnerable ones. IDPs and people in the conflict-affected areas (including those areas controlled by the armed groups) must continue receiving their pensions and social entitlements without discrimination.
In Donetsk, I strongly urged those in command to allow humanitarian organisations to do their work and stop depriving the population from humanitarian assistance that is sometimes available and ready to be distributed right away. I wanted to do the same in Luhansk but I was not let in.
Excellencies,
More than two years have passed since the Russian Federation extended its control over the Autonomous Republic of Crimea. The human rights situation in Crimea has considerably deteriorated since. Anti-extremism and anti-terrorism laws have been used to criminalize non-violent behaviour and stifle dissenting opinion, while the judicial and law enforcement systems have been instrumentalized to clamp down on opposition voices. Worst affected are the Crimean Tatars, whose main representatives body, the Mejlis, has been banned. I urge the Supreme Court of the Russian Federation to overturn the prohibition decision to outlaw the Mejlis. This would support the promotion and protection of the rights of all minority groups and indigenous peoples. On a more positive note, I am encouraged that the Ombudspersons of Ukraine and the Russian Federation have recently initiated discussions to identify a mechanism for the transfer of prisoners from Crimea to mainland Ukraine.
Now, let me conclude. OHCHR remains committed to assisting Ukraine in this regard. In addition to monitoring and reporting on the situation of human rights in Ukraine, OHCHR will also step up its support to the Government of Ukraine through the provision of legal expertise and technical assistance, especially in the context of the National Human Rights Strategy and the Action Plan implementing it. It will also work in partnership with others in supporting families and communities to re-establish links, through opportunities that restore confidence. As recognised by the UN Security Council, the realisation of human rights is essential for peace and security; human rights protection and promotion are the link for recovery, reconciliation and prosperity. For all of these to be fully enjoyed by all who live in Ukraine, we need to see an end to the conflict, accountability for the killings and violations since 2014, and justice for victims and their families.
Leaders should listen to their people on both sides of the contact line. I have heard them loud and clear: they want peace, human rights and the rule of law.
Thank you.
Ladies and gentlemen,
It is a real pleasure to be with you today and to brief the honourable members of the OSCE Permanent Council. OHCHR and OSCE are very close partners, in Ukraine as well as in many other countries. We have established long-standing relations and share the same commitment to advancing human rights and the rule of law, which are so important for the security of our societies and sustainable development.
As you probably know, OHCHR, through the UN Human Rights Monitoring Mission in Ukraine, monitors and reports on the human rights situation in Ukraine. We advise the Government on its international obligations to promote and protect the human rights for all who live in Ukraine. Our teams work on both sides of the contact line, with all parties to the armed conflict. We also meet and interview victims of, and witnesses to, violations of international human rights and humanitarian law. We work in partnership with many, and have, over the past two years developed very close cooperation with the OSCE Special Monitoring Mission, as well as other OSCE Institutions. Since March 2014, OHCHR has published 14 public reports on the human rights situation in Ukraine. The latest one covers the period 16 February to 15 May 2016. It marks two years since the start of the conflict and takes stock of the current human rights situation in Ukraine. Recently, from 28 May to 4 June, I also conducted a mission to Ukraine, which focused on the conflict affected areas in the east on both sides of the contact line.
Excellencies,
The conflict in and around Ukraine gets less and less attention internationally – in politics as well as in the media. This said, the humanitarian situation in the conflict zone in eastern Ukraine remains very difficult and has even deteriorated. As a consequence, there are less and less funds available to cover the growing humanitarian needs – with potentially dramatic consequences for the most vulnerable ones.
Some 3 million people live in conflict affected areas. They are all Ukrainian citizens. Communities are divided; families separated. People living in those areas have repeatedly told us that they feel abandoned. This incremental feeling of isolation emboldens those who promote enmity and violence, and undermines prospects for peace.
As of 30 June, this conflict has led to at least 31,350 casualties, among Ukrainian military, civilians and members of the armed groups. This includes 9,470 people killed and 21,880 injured. This is a conservative OHCHR estimate based on available data; we believe that the real casualty figures are higher. Out of 9,470 people killed, up to 2,000 were civilians. Most of them were killed as a result of indiscriminate or disproportionate shelling of residential areas, mostly in 2014 and the beginning of 2015.
Since the 1 September 2015 ceasefire, civilian casualties have substantially decreased with seven people killed and 33 injured on average per month, largely by mines, explosive remnants of war and booby traps. This shows us that a ceasefire can work, but must be fully implemented. There are, however, reasons for concern. In June, OHCHR recorded 69 civilian casualties – the highest monthly casualties since August 2015. 60 per cent of these casualties were caused by shelling from mortars and howitzers – weapons which are prohibited by the Minsk arrangements.
The majority of civilian casualties are recorded in the vicinity of Donetsk and Horlivka cities controlled by the armed groups, and in the towns of Avdiivka and Mariinka controlled by the Government. Clashes and exchanges of fire are reported in these hotspots on a daily basis.
Since mid-April, OSCE monitors have observed an increase in heavy weaponry near the contact line, where the sides are getting closer, at times only few 100 metres. There is a high risk of the re-escalation of wide-scale hostilities, if urgent action is not taken to separate sides and remove heavy weaponry. The most recent escalation of clashes near the town of Debaltseve on 29 June is very indicative and truly worrying in this regard – because of its intensity but also of symbolism – this is the place where bloody fighting was stopped by Minsk-2 in February 2015.
Explosive remnants of war and improvised explosive devices continued to account for about half of civilian casualties in recent months. Mines, booby traps, and unexploded remnants of war represent a major threat to civilians.
During my mission, I strongly advocated for the systemic coordination of mine action activities by all sides, better sharing of information, identification, mapping, marking and fencing off contaminated areas, their clearance, and comprehensive support for victims of mine and explosive remnant of war-related incidents.
Residents of territories under armed group control are particularly vulnerable to human rights abuses. Parallel governance structures are developing. There is an absence of rule of law. We hear first-hand accounts of arbitrary detention, torture and incommunicado detention. People have few possibilities to seek redress and have their voice heard.
In Government controlled areas, we document allegations of enforced disappearances, arbitrary and incommunicado detention, and torture by Ukrainian law enforcement officials, especially the Security Service of Ukraine (SBU).
The denial of access for the UN Subcommittee on Prevention of Torture to some SBU premises during its visit to Ukraine in late May strengthened these concerns. So, we very much welcome positive talks of the SPT with the Ukrainian authorities and received assurances that Ukraine will now fully abide by its obligation to allow the SPT to visit SBU facilities of their choice. SPT will return to Ukraine as soon as practically possible.
The fate of missing persons due to the conflict needs to be urgently addressed. Since mid-April 2014, 865 people are still considered missing in the Government-controlled parts of Donetsk region. In those districts of Donetsk region which are controlled by the armed groups, 496 individuals are reported missing. Bodies remain unidentified. Relatives have no access to meaningful information on the fate of missing loved ones. Commitment is required by all parties to the conflict to fully cooperate to solve such cases. The Government is in the process of developing a law on missing persons, which we welcome. We have also recommended the Government to establish an independent and impartial, centralized State authority for tracing missing persons and identifying human remains, with sufficient capacity and reach to carry out its mandate effectively.
For those living near the contact line, life is only hardship. We hear how local administrations do not work. Accessing basic public services is limited. Buying water or food is difficult. There is a need to protect critical civilian infrastructure including water installation and electrical power lines.
Shelling on 4th Of July in Horlivka has affected the Sieverskyi Donets-Donbas (SDD) channel potentially impacting the water supply to 2 million people on both sides of the contact line. The military are present near homes, schools or hospitals and accounts of military occupation of private houses are recurrent.
This disrupts and endangers the daily lives of people, including children. They become a potential target.
Much civilian property is damaged and people have nowhere to go. The Government should investigate and provide remedies in relation to all incidents of damage, confiscation and looting of property, including by the Ukrainian armed forces, and establish a mechanism for restitution.
Freedom of movement of civilians continues to be severely curtailed, with 20,000 to 30,000 people trying to cross the contact line each day, with only five corridors available, one of those open for pedestrians only. Civilians queue for long hours including overnight in the summer heat without any shelter, without potable water or toilets, with mined land next to the road even at times of heightened hostilities. On 27 April 2016, for example, four civilians were killed and eight others injured by shelling while waiting at a checkpoint on the road between Mariupol and Donetsk city. These restrictions affect family unity and have a direct impact on the daily life of civilians. Furthermore, civilians living in armed groups controlled territories face difficulties in accessing civil registration documents including birth and death certificates. They continue to face complications in having their pensions paid and in accessing proper social and medical services.
Excellencies,
It is hard to predict what will happen in Ukraine. The conflict could escalate, become a ‘frozen conflict’, or move towards sustainable peace. The last scenario is the only favourable one.
When talking to people in Government controlled areas, I have noticed that Minsk is not very popular, but it is still the best chance for a sustainable peace.
We strongly believe that many of the measures agreed at Minsk are human rights related, and that they must be implemented in line with human rights standards.
This crisis started with demands for human rights and freedoms, and these demands remain today on either side of the contact line. Unfortunately, fundamental freedoms are severely limited for people living in armed group-controlled areas. Limits to their freedom of expression, peaceful assembly, and association as well as lack of any space for dissenting views casts doubt on the prospects of holding free and fair elections in these areas, in line with OSCE standards, until the situation improves. Only respect for civil and political rights can bring them closer to the elections whose results can be recognised. In Government controlled areas, I also heard complaints about the curbing of civil and political rights, especially in the conflict zone. Of course the situation there is challenging but the Government should always uphold human rights and think about the future that the Ukrainians want for their country. The publication in May by the Ukrainian website ‘Myrotverets’ of the personal data of some 4,068 Ukrainian and international journalists supposedly accredited to work in the ‘Donetsk people’s republic’ was a worrying development. It raises a number of concerns, including that those on the list are portrayed in Government controlled areas as cooperating with terrorists, something which may endanger the individuals. Personal data must be protected to avoid misuse.
Rule of law is also an imperative. Ukraine needs a justice reform, which will strengthen the governance system to resolve disputes, fight corruption and address conflict related violations.
I commend the recent Constitutional amendments on the judiciary, which include support for an independent judiciary through further separation of powers. As with everything, their timely and effective implementation will be critical.
If we take the violence in Maidan and 2 May violence in Odesa, there has been no meaningful progress in bringing those responsible to justice. In Odesa, the proceedings and investigations have been marred with irregularities. The Government must take effective measures to protect judges from interference and pressure in high-profile cases. The recent adoption by the Parliament of constitutional amendments related to the judiciary has created a rare opportunity to break with the past. I want to stress the responsibility of the authorities of Ukraine to fulfil the promise of an independent judiciary without which there can be no effective system of governance, public trust, justice and accountability.
In a worrying pattern of behaviour, armed groups continue to deny all international organizations access to places of deprivation of liberty. The Security Services of Ukraine is also not always providing access to places where detainees may be kept. Independent international visits to all detention facilities and verification of all those held is a pre-condition for a successful ‘all for all’ release, envisaged by Minsk.
Another important element of the Minsk arrangements is the question of amnesty. In itself, amnesty is not a panacea. It will only work if Ukraine has a more reliable justice system capable of distinguishing and effectively prosecuting crimes. In addition, one should stress that war crimes, crimes against humanity and grave breaches of human rights cannot be the subject of an amnesty.
There is a worrying decrease in the standard of living and quality of social services in Ukraine. It is critical that everyone enjoy legal and social protection equally. The verification of social payments, introduced by the Government of Ukraine this year, has had an adverse impact on IDPs, especially the most vulnerable ones. IDPs and people in the conflict-affected areas (including those areas controlled by the armed groups) must continue receiving their pensions and social entitlements without discrimination.
In Donetsk, I strongly urged those in command to allow humanitarian organisations to do their work and stop depriving the population from humanitarian assistance that is sometimes available and ready to be distributed right away. I wanted to do the same in Luhansk but I was not let in.
Excellencies,
More than two years have passed since the Russian Federation extended its control over the Autonomous Republic of Crimea. The human rights situation in Crimea has considerably deteriorated since. Anti-extremism and anti-terrorism laws have been used to criminalize non-violent behaviour and stifle dissenting opinion, while the judicial and law enforcement systems have been instrumentalized to clamp down on opposition voices. Worst affected are the Crimean Tatars, whose main representatives body, the Mejlis, has been banned. I urge the Supreme Court of the Russian Federation to overturn the prohibition decision to outlaw the Mejlis. This would support the promotion and protection of the rights of all minority groups and indigenous peoples. On a more positive note, I am encouraged that the Ombudspersons of Ukraine and the Russian Federation have recently initiated discussions to identify a mechanism for the transfer of prisoners from Crimea to mainland Ukraine.
Now, let me conclude. OHCHR remains committed to assisting Ukraine in this regard. In addition to monitoring and reporting on the situation of human rights in Ukraine, OHCHR will also step up its support to the Government of Ukraine through the provision of legal expertise and technical assistance, especially in the context of the National Human Rights Strategy and the Action Plan implementing it. It will also work in partnership with others in supporting families and communities to re-establish links, through opportunities that restore confidence. As recognised by the UN Security Council, the realisation of human rights is essential for peace and security; human rights protection and promotion are the link for recovery, reconciliation and prosperity. For all of these to be fully enjoyed by all who live in Ukraine, we need to see an end to the conflict, accountability for the killings and violations since 2014, and justice for victims and their families.
Leaders should listen to their people on both sides of the contact line. I have heard them loud and clear: they want peace, human rights and the rule of law.
Thank you.