人权理事会
晚上

2016年3月22日

人权理事会今天晚上举行关于人权事务高级专员办事处有关乌克兰人权状况定期报告调查结果和关于人权高专办为改善南苏丹包括性暴力问题在内的人权、和解与能力而开展访问的高级专员报告的单独互动对话。

联合国主管人权事务助理秘书长伊万·西蒙诺维奇（Ivan Šimonović）在关于乌克兰的讲话中指出，自从冲突爆发以来，在乌克兰东部共记录了30346例伤亡人数。2015年9月1日达成的东部停火摇摇欲坠。虽然不存在对人口密集地区不加区分的大规模炮击，军事目标继续藏身于接触线两侧的居住区，这威胁到了居民，破坏了他们的日常生活。执行《明斯克协议》是实现东部和平解决方案唯一可行的战略。冲突造成的人道主义后果是可怕的。 

作为相关国家发言的乌克兰表示，缺少对俄罗斯有影响的真正的机制导致了系统性歧视。绝大多数人没有接受俄罗斯占领，这导致了恐惧、绝望和无视人的尊严的氛围。俄罗斯联邦没有在执行《明斯克协议》，它无视作为联合国基础的价值观，呼吁所有联合国成员国加强对俄罗斯的施压，以停止他们侵略乌克兰公民。呼吁所有人共同努力结束对乌克兰的占领。

在关于乌克兰的互动对话中，发言人对生活在乌克兰东部地区的人民继续受到人权侵犯和虐待深表关切。在俄罗斯非法兼并后，他们对克里米亚鞑靼人、讲乌克兰语的社区以及克里米亚的其他少数群体遭受的系统性歧视尤为关切。政治反对派和少数群体继续遭到逮捕、虐待、酷刑和恐吓。发言人呼吁俄罗斯理解释放娜迪亚·萨芙申科（Nadiia Savchenko）和异见者。他们呼吁各方尊重《明斯克协议》，对违反停火协定的行为，暴力、绑架和失踪行径表示谴责。

以下代表团参与了讨论：欧盟，英国，爱尔兰，美国，奥地利，俄罗斯，爱沙尼亚，中国，法国，挪威，瑞典，丹麦，加拿大，拉脱维亚，土耳其，新西兰，格鲁吉亚，波兰，澳大利亚，摩尔多瓦，荷兰，比利时，立陶宛，阿塞拜疆，捷克共和国，德国，西班牙，欧洲，瑞士，罗马尼亚，斯洛伐克，阿尔巴尼亚和芬兰。

以下国家人权机构和民间社会组织也进行了发言：乌克兰议会人权专员（Ukrainian Parliament Commissioner for Human Rights），国际民主法律工作者协会（International Association of Democratic Lawyers），少数人权利国际（Minority Rights International），国际和睦团契（International Fellowship of Reconciliation），人权之家基金会（Human Rights House Foundation），联合国观察（United Nations Watch），人权观察（Human Rights Watch）和乌克兰妇女组织世界联合会 （World Federation of Ukrainian Women’s Organization）。

西蒙诺维奇先生在关于南苏丹的讲话中表示，评估团证实了人权侵犯行为仍在继续，包括杀戮和其他对平民的攻击，强奸和其他性暴力，任意逮捕和拘留，剥夺自由，绑架和雇佣儿童等侵犯儿童权利的行为。评估团的报告得出了那些侵犯行为可能构成战争罪和/或危害人类罪的结论。该国已深陷人道主义危机，160万人背井离乡。全国大部分地区面临着严重的粮食不安全和可能的饥荒。冲突双方都参与了侵犯行为。 

南苏丹司法部长保利诺·瓦纳威尔·乌纳安哥（Paulino Wanawill Unango）表示，南苏丹对报告持保留意见。政府采取了措施来落实和平协定并实现永久停火。应建立过渡时期政府。所有武装冲突涉及儿童都已被复原并与其家人团聚。通过这些倡议，南苏丹政府在国内安全和人权状况上取得了巨大进展。不幸的是，这并未反映在报告中。政府致力于实现可持续的和平，这将终结人权侵犯行为。 

在关于南苏丹的互动对话中，发言人对各方犯下的严重人权侵犯和侵害行为仍在继续且它们构成了战争罪和危害人类罪深表关切。他们呼吁各方建立过渡时期政府并落实和平协议。部分发言人呼吁理事会在当前届会期间通过一份决议，设立关于南苏丹的特别机制。 

以下代表团参与了讨论：欧盟，代表非洲集团的南非，卢森堡，埃及，英国，墨西哥，挪威，德国，联合国儿童基金会，西班牙，博茨瓦纳，葡萄牙，澳大利亚和苏丹。 

理事会将于3月23日上午9点再次召开会议继续关于南苏丹的互动对话，随后将举行关于海地和马里的技术援助和能力建设的单独互动对话。

Oral Update by the Office of the High Commissioner for Human Rights on Ukraine

IVAN ŠIMONOVIĆ, United Nations Assistant Secretary-General for Human Rights, noted that since the beginning of the conflict in Ukraine 30,346 casualties in eastern Ukraine had been recorded. The ceasefire in the east, agreed upon on 1 September 2015 and strengthened by the “regime of complete silence” introduced on 23 December 2015, was at risk of unravelling. Even though no large-scale indiscriminate shelling of populated areas was taking place, military objects continued to be embedded in residential areas on both sides of the contact line, endangering residents and disrupting their daily lives. The implementation of the Minsk Agreements was the only way forward and the only viable strategy for achieving a peaceful solution in the east. The restoration of the full effective control by the Government of Ukraine over parts of the border with the Russian Federation would be the key to ending any possible inflow of ammunition, weaponry and fighters from the Russian Federation. The humanitarian consequences of the conflict were dire. The Government had registered 1.6 million internally displaced persons. Mr. Šimonović stressed the situation of the missing. Up to 1,000 bodies in Government morgues remained unidentified. He thus urged the Government, as well as the self-proclaimed “Donetsk People’s Republic” and “Luhansk People’s Republic” to exchange information relevant for the identification of those and other mortal remains, and to establish the whereabouts of all missing persons. People who lived in the territories controlled by armed groups were particularly vulnerable to human rights abuses. There were first-hand accounts of arbitrary and incommunicado detention and torture by armed groups.

There was also a concern about the lack of space for civil society actors and for people to exercise their rights to freedom of expression, religion, peaceful assembly and association. In January 2016 a wave of arrests and detentions of civil society actors in the self-proclaimed “Donetsk People’s Republic” had been carried out. In Kharkiv, Odesa, Dnipropetrovsk and Zaporizya, the Office of the High Commissioner for Human Rights had documented allegations of enforced disappearances, arbitrary and incommunicado detentions, and even cases of torture by Ukrainian law enforcement officials. Two years after the Maidan events the Office was particularly concerned about the lack of progress in the investigations and proceedings into the killings that happened there. The slow progress in those cases undermined public confidence in the criminal justice system. As for the situation in Crimea, non-governmental organizations, media outlets and religious organizations there continued to face restrictions on freedom of association and freedom of the press. The imposition of the citizenship and the legislative framework of the Russian Federation had affected human rights in Crimea, especially for those who had refused the Russian citizenship, such as minority groups and indigenous peoples.

Statement by the Concerned Country

Ukraine, speaking as the concerned country, said that the lack of real mechanisms that had influence on Russia led to systemic discrimination. The overwhelming majority of people did not accept the Russian occupation, creating an atmosphere of fear, hopelessness and disregard for human dignity. There had been large scale detentions against the media and civil society, they were not allowed to leave Crimea, and today the court was looking at banning the activities of the Majlis of the Tatar people. With the occupation of Crimea the Tatars faced a genuine threat of their land being taken away, the only option was the end of the occupation of Crimea. A terrible verdict had been handed down against Ms. Savchenko, the sentence was not against her but against Ukraine, it was also unquestionable proof that today there could be no expectation of justice from Russia, which did not respect human rights and international humanitarian law. The Russian Federation was not implementing the Minsk Agreements, it was ignoring values which had laid the foundations of the United Nations, and all members of the United Nations were called on to increase pressure on the Russian Federation so as to stop their aggression against Ukrainian citizens. All were called on to work to end the occupation of Ukraine.

Interactive Dialogue on Ukraine

European Union was seriously concerned about the continuing human rights violations and abuses of people living in areas of eastern Ukraine controlled by so-called separatists. It was especially concerned about the systematic discrimination of Crimean Tatars and Ukrainian speaking communities in Crimea following its illegal annexation by the Russian Federation. United Kingdom said the human rights situation continued to deteriorate in Crimea, following Russia’s illegal annexation. Arrests, ill-treatment, torture and intimidation continued to be perpetrated against political opponents and minorities. It called on Russia to release Nadiya Savchenko immediately. Ireland said the conflict in eastern Ukraine remained volatile and an extensive array of human rights abuses continued to be perpetrated. The Minsk Agreements continued to offer the only viable framework for a peaceful resolution of the conflict.

United States was gravely concerned about the growing number of ceasefire violations along the line of contact in eastern Ukraine, undermining the implementation of the Minsk Agreements. In Russian-occupied Crimea, Ukrainian citizens were subjected to show trials, acts of violence, abductions and disappearances. Austria asked for the full respect and implementation by all sides of obligations under the Minsk Agreements as a step towards a sustainable political solution based on the full respect for Ukraine’s sovereignty and territorial integrity. It called for the immediate release of Nadiya Savchenko. Russian Federation said the violations of the ceasefire by the Ukrainian armed forces were an unacceptable provocation. The situation in Donbass had been worsened by the economic blockade by Ukraine and there were grave violations by the Ukrainian armed forces and services. It called on Minsk to implement the decentralisation process.

Estonia deplored the continued human rights violations in the separatist controlled areas of eastern Ukraine and the illegally annexed Crimea. It urged that full and immediate access be granted to monitoring missions of international organizations to those areas. China noted that a sustainable solution to the conflict in Ukraine required taking into account the interests of all the parties involved. It hoped that the parties would meet each other half way and uphold their obligations in line with the Minsk Agreement. France regretted the ongoing human rights violations in the east of Ukraine, as well as the large number of displaced persons. The situation in Crimea was worrisome, especially the harassment of the Crimean Tatars. Norway was concerned about the violations of the rights to freedom of assembly, opinion and expression in Crimea and the treatment of the Crimean Tatars. It called on the Russian Federation to immediately end its unlawful annexation of Ukrainian territory. Sweden regretted that the Russian aggression in eastern Ukraine continued, as well as its illegal annexation of Crimea, and expressed alarm over the grave human rights violations against Crimean Tatars and ethnic Ukrainians. Denmark stated that the illegal annexation of Crimea by the Russian Federation had marked the beginning of a significant deterioration of the human rights situation of the more than 2.2 million people living in Crimea.

Canada was deeply concerned at the tense situation in Ukraine’s Dombas region, where conflict had led to numerous deaths and displacement, and remained concerned by the numerous human rights violations in Russian-occupied Crimea, including the silencing of advocates of Ukraine’s unity and harassment of minorities. Latvia was concerned about harassment against Crimean Tatars and activists in Russian-occupied Crimea, and called on the international community not to recognize the illegal annexation of Crimea by the Russian Federation. Turkey remained deeply concerned by the extent of human rights violations in eastern Ukraine and in Crimea, which Turkey considered to be an inalienable part of Ukraine, including intimidation and disappearance of Crimean Tatar activists. New Zealand expressed concerns about human rights violations in areas under separatist control. It called on the de facto authorities of Crimea to stop acts of discrimination and harassment of minorities, and to provide the Office of the High Commissioner for Human Rights with full and unfettered access there. Georgia remained deeply concerned about the continued inflow of ammunition, weaponry and fighters from the Russian Federation to eastern Ukraine, and was concerned that, similar to Georgia’s occupied regions, Russia had turned Crimea into a territory with no international access. Poland was extremely concerned about human rights abuses by armed groups supported by Russia, including executions, arbitrary detentions, abductions, torture and sexual violence with impunity. Poland called for the release of all Ukrainian citizens illegally detained by Russia.

Australia was concerned about the reported systematic violations of the ceasefire in the Donetsk and Luhansk regions. It urged all parties to de-escalate hostilities and respect and uphold the ceasefire. Republic of Moldova remained deeply concerned about the worrisome situation of civilians living in the conflict-affected areas, who continued to struggle with complete absence of due process and the rule of law, especially in those areas controlled by armed groups. Netherlands deplored the violation of fundamental freedoms of the minorities in Crimea, as well as the situation of political prisoners held in the Russian Federation, notably of Oleh Sentsov and Nadia Savchenko. Belgium noted that all parties involved had to take measures to protect civilians. It encouraged access to places of detention by the Office of the High Commissioner for Human Rights, which had resulted in some positive developments. Lithuania called on all parties to immediately stop the violations of the ceasefire as an essential condition for reinstating safety and basic services for the civilian population. It was concerned about the ongoing trial to recognize the Mejlis of the Crimean Tatars as an extremist organization. Azerbaijan reiterated its full commitment to the sovereignty, political independence, unity and territorial integrity of Ukraine within its internationally recognized borders.

Czech Republic was alarmed by the situation of minorities in illegally annexed Crimea and called for the immediate release of citizens whose trials in Russia were in breach of international law. Germany was deeply worried by the ongoing human rights violations and the impact of the conflict on the civil population, in particular in the areas controlled by separatists in eastern Ukraine. Spain was highly alarmed by the enforced disappearances, arbitrary detentions, and impunity in illegally annexed Crimea. It condemned the growing persecution of the Tatar community of Crimea. Council of Europe said its two priorities in Ukraine were constitutional reform and effective functioning of the judicial system, and the protection of the rights of internally displaced persons, for which it had launched a project to protect the rights of these persons in Donetsk and Luhansk, as well as Crimea. Switzerland said that respect for international humanitarian law was mandatory, and called on parties to the conflict to make possible the unhindered passage of humanitarian aid workers. It called for an immediate end of incommunicado detention of persons. Romania strongly denounced the violations of human rights and international humanitarian law as documented in the report. It noticed there was no improvement in the human rights situation of minorities in Crimea.

Slovakia expressed concern that despite a reduction in hostilities, the armed conflict in eastern Ukraine continued to affect people in the conflict zone, and called on all parties to the conflict to fully implement the Minsk Agreements. Albania expressed appreciation for the efforts made by international and regional organizations, and condemned the violence perpetuated on the civilian population, calling on the international community to address the issue promptly. Finland said the human rights situation in Crimea, which was illegally annexed by the Russian Federation, remained weak, and added that the de facto authorities in Crimea had to ensure that human rights were respected. Finland did not recognize the illegal annexation of Crimea.

Ukrainian Parliament Commissioner for Human Rights said more international monitoring missions were needed in the territory of Crimea to protect those people who were “de facto hostages in the peninsula of fear”.

International Association of Democratic Lawyers said that the reports presented underestimated the alarming spread of ultra-nationalism, neo-Nazism and hate speech, and added that the banning of three political parties from participation in the elections also deserved more attention. Minority Rights International spoke about human rights violations affecting Crimean Tatars, urging the de facto authorities and the Russian Government to stop their repression and solidify their status as indigenous peoples. International Fellowship of Reconciliation regretted that, in response to the Russian military intervention, the Ukrainian Government had reinstated obligatory service in the armed forces, and called on all States to grant asylum status to Ukrainian conscientious objectors. Human Rights House Foundation said today the population of Crimea were double victims, suffering from the occupation by Russia and human rights abuses in consequence, while their isolation was exacerbated by the policies adopted by Ukraine. United Nations Watch said that all parties should accede to the Minsk Agreements, armed groups controlled by the Russian Federation and de facto authorities in Crimea should allow international human rights monitoring, and authorities in Crimea had to stop harassment against Tatars. Human Rights Watch deeply regretted that international and regional organizations, as well as non-governmental organizations and independent journalists, were denied access to Crimea. It referred to human rights abuses in Crimea and eastern Ukraine, and called on Ukraine to ratify the Rome Statute. World Federation of Ukrainian Women’s Organization referred to sexual violence against women as tactics of war in eastern Ukraine, and expressed extreme concern over the fate of Nadiya Savchenko.

Concluding Remarks

IVAN ŠIMONOVIĆ, Assistant Secretary-General for Human Rights, responding to the questions put forth by delegations, explained that the main concern of the Crimean Tatars was the attempt to attack their highest governing institution, which was crucial for the preservation of their self-identity. As for other communities in Crimea, the most affected were those who had not taken the Russian citizenship because they were denied access to education, health and employment. Regarding the access of international humanitarian organizations to the separatist areas of Ukraine, they could operate in Luhansk but not in Donetsk. The problem in the Donetsk region was the lack of medicines and food. As for the protection of internally displaced persons, it had turned into a problem. However, there were amendments to Ukrainian laws on internally displaced persons and they would simplify the registration process. There were some problems with the payment of social and pension benefits, but the Government of Ukraine had taken steps to resume it on the whole territory of the country.

Regarding the monitoring of the human rights situation in Crimea, the Office of the High Commissioner for Human Rights carried out distance monitoring. As for the question on better protection of civilians trapped in areas controlled by armed groups, from the legal perspective it should not be a problem because even de facto authorities had a legal obligation to protect civilians. The problem was with the implementation on the ground. Some aspects could be done jointly by the Government and armed groups, such as demining, and the implementation of administrative measures to allow citizens to access their social payment. The Government was taking steps to enhance access by those citizens to administrative services. As for torture and ill-treatment, nobody had access to detention centres in the areas controlled by armed groups. Recently criminal proceedings had been launched by the Government against Ukrainian security forces. Strengthened communication between the parties would help release detainees and identify the missing persons. As for the progress on respecting minority language rights in Crimea, there was regression on this subject. One of the main reasons why people were leaving was the fact that they wanted their children to have an opportunity to receive education in their mother tongue. As for the improvement of the justice system, significant improvement was needed both in Government and non-Government controlled areas. Regarding the threat of mine and explosive devices, they were responsible for the deaths of half of the people who were killed. Thus it was important to establish cooperation in order to exchange maps of mine fields. There was limited possibility to implement accountability in armed group-controlled areas, Mr. Šimonović concluded.

Interactive Dialogue on the Mission of the Office of the High Commissioner for Human Rights to South Sudan

Documentation

The Council has before it the report of the High Commissioner on the mission by the Office of the United Nations High Commissioner for Human Rights to improve human rights, accountability, reconciliation and capacity in South Sudan (A/HRC/31/49).

Presentation of the Report

IVAN ŠIMONOVIĆ, United Nations Assistant Secretary-General for Human Rights, said that since the start of the conflict in South Sudan, parties to the conflict had killed civilians, raped women and girls, and destroyed civilian property, among other acts. The assessment mission confirmed that those violations continued. They included killings and other attacks against civilians, rape and other sexual violence, arbitrary arrests and detentions, deprivation of liberty, and abductions and violations of child rights, including the recruitment of children. The assessment mission’s report concluded that those violations might amount to war crimes and/or crimes against humanity. Hostilities between the parties had continued despite the signing of the new peace agreement in 2015. The country had been plunged into a deep humanitarian crisis, with 1.6 million people displaced from their homes. Most parts of the country faced severe food insecurity and possible famine. Both sides to the conflict had been involved in violations when taking over areas previously under the control of the other side. The assessment team heard from witness reports of civilians suspected of supporting the opposition being burned alive in their homes, suffocated in containers, shot, hanged from trees, or cut to pieces.

Turning to the issue of rapes and other acts of violence against women, Mr. Šimonović said rape had been used as an intentional strategy to terrorize civilians. Regarding violence against children and recruitment of child soldiers, he said that both the Government and the opposition had forcibly conscripted children to participate in the armed conflict. On the destruction and looting of civilian property, he said witness testimonies corroborated by satellite images showed the systemic destruction of towns and villages that suggested a deliberate strategy to deprive civilians living in the area of any form of livelihood. Under the topic of forced displacement, he noted that there was a staggering number of displaced persons across the country. In addition to conflict-related violence, the Government had increasingly suppressed freedom of expression and other democratic rights. He noted that the Agreement on the resolution of the conflict made provisions for a hybrid court to try genocide, war crimes and crimes against humanity, as well as a truth, healing and reconciliation commission and a compensation reparation commission. In conclusion, he noted that the disregard for human life and total impunity for gross violations of human rights and international humanitarian law documented in the report called for urgent action by the Human Rights Council. He drew the Council’s attention to the recommendation to consider the establishment of a dedicated mechanism to report on progress toward accountability and the human rights situation.

Statement by the Concerned Country

PAULINO WANAWILLA UNANGO, Minister of Justice of South Sudan, said South Sudan had reservations about the report. The Government had taken measures to implement the Peace Agreement and a permanent ceasefire. A transition Government would be established. All children that had been involved in the armed conflict had been demobilized and reunited with their families. The Government of South Sudan through these initiatives had made tremendous progress in the security and human rights situation in the country. Unfortunately this had not been reflected in the report. As part of accountability, the Government had established a Joint Court to try human rights violations. There were 30 political parties and more than 200 civil society organizations in the country that met freely, so it was not true that there was no space for freedom of assembly. The Government had distributed food to civilians and displaced persons all over the country, in both Government and rebel-controlled areas. There was no famine in South Sudan, only a “food-gap” resulting from insecurity. Now that the peace was coming, the Government had also distributed tractors in rural areas. The Government was committed to achieving sustainable peace, which would lead to an end of human rights violations.

Interactive Dialogue on South Sudan

European Union said it was gravely concerned that not only was there no progress on any of the issues, but that the gross human rights violations and abuses committed by all sides had continued, and some may even amount to war crimes and crimes against humanity. South Africa, speaking on behalf of the African Group, called on all parties to establish the transitional government. It was deeply concerned about the violations committed by all sides, but said South Sudan should be given full support, including technical assistance, to implement the Agreement. Luxembourg was alarmed at the grave violations of human rights, including extrajudicial killings and enforced disappearances. It called on the parties to respect the peace agreements and stop violations, and said there could be no reconciliation without bringing the perpetrators to justice. Egypt expressed deep concern on the recommendation of the High Commissioner that the international community consider applying a phased approach to the provision of technical assistance to State institutions, based on progress in the establishment of the Transitional Government of National Unity. United Kingdom said the findings of the report were truly shocking. Tens of thousands had been killed and 1,300 women and girls had been raped in a six month period. It called on the South Sudanese parties to form a transitional government, until which time it would have little confidence that the South Sudanese authorities would act. Mexico expressed its serious concerns at the worsening human rights situation, urged all parties to draw a distinction between combatants and the civilian population, and called for an end of violations of human rights. It condemned sexual and gender-based violence.

Norway said that while both parties had committed atrocities, the main responsibility lay with the Government army (SPLA), and called on the Council to adopt a resolution at its current session establishing a dedicated special mechanism on South Sudan. Germany said the country supported the resolution on the table, which was seeking to install a Special Procedure Mechanism for South Sudan. United Nations Children Fund said that with the violent crisis now in its third year, the future of the current generation of children in South Sudan was increasingly in jeopardy, and that the Government had to uphold its responsibility to protect, educate and realize the rights of children across the country. Spain said the report’s content was appalling and condemned attacks on civilian installations and sexual violence around the country, adding that the Council simply could not continue to “sit on its hands”, but had to establish a Special Procedure for the situation. Botswana said that while the Council had the opportunity to play a significant role in restoring peace in South Sudan, that role should complement efforts by regional mechanisms. Denmark expressed deep concern about the report’s conclusion that all parties to the conflict, including State actors, were responsible for violations of both international human rights and humanitarian laws, adding that it was crucial that the parties to the peace agreement showed the will to fully implement it.


Portugal was particularly shocked at the scale and brutality of sexual violence in South Sudan, including against children, with some victims of gang rape as young as nine years old. State actors had committed violations of international human rights and humanitarian laws, Portugal said, calling for the establishment of a Special Rapporteur. Australia strongly condemned grave human rights abuses by all parties, and was particularly dismayed by credible reports that Government-allied groups had been rewarded with abducted women in lieu of wages. Sudan shared some concerns relating to the outbreak of the fighting and reported human rights violations, and called on all parties to end the violence and expedite the process of full implementation of the Peace Agreement.

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