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TWN
Info Service on UN Sustainable Development (Mar22/01) Geneva, 28 Feb (Kanaga Raja) – The UN Human Rights Council on 28 February voted to hold an urgent debate on the “situation of human rights in Ukraine stemming from the Russian aggression”, scheduled to take place on 3 March. The urgent debate is being held following a formal request sent by Ukraine to the President of the Human Rights Council, Ambassador Federico Villegas from Argentina, on 24 February. In its letter to Ambassador Villegas, Ukraine said its request was in response to “the extremely grave deterioration in the human rights situation in Ukraine as a result of a range of Russia’s hostilities on Ukrainian territory, which High Commissioner for Human Rights Bachelet said “creates a heightened risk of serious human rights violations as well as violations of international humanitarian law”.” At the 49th regular session of the Human Rights Council, which began on 28 February, the President of the Human Rights Council put before the Council the request by Ukraine to convene the urgent debate. Subsequently, the Russian Federation called for a roll-call vote, and the request for an urgent debate on Ukraine was approved by the Council, with a vote of 29 in favour, five against and 13 abstentions. Those that voted in favour were Argentina, Benin, Bolivia, Brazil, Cote d’Ivoire, Finland, France, the Gambia, Germany, Honduras, Indonesia, Japan, Libya, Lithuania, Luxembourg, Malawi, Malaysia, Marshall Islands, Mexico, Montenegro, Nepal, Netherlands, Paraguay, Poland, Qatar, Republic of Korea, Ukraine, United Kingdom, and the United States. Those that voted against were China, Cuba, Eritrea, the Russian Federation, and Venezuela. Those that abstained in the vote were Armenia, Cameroon, Gabon, India, Kazakhstan, Mauritania, Namibia, Pakistan, Senegal, Somalia, Sudan, the United Arab Emirates, and Uzbekistan. In her opening statement to the High Level Segment of the 49th regular session of the Human Rights Council on 28 February, the UN High Commissioner for Human Rights, Ms Michelle Bachelet, said that the military attack on Ukraine is putting at risk countless lives. “Between Thursday (24 February) morning and last night (27 February), our Office has recorded 406 civilian casualties, including 102 killed – including 7 children – and 304 injured,” she said. The High Commissioner said most of these civilians were killed by explosive weapons with a wide impact area, including shelling from heavy artillery and multi-launch rocket systems, and air strikes. “The real figures are, I fear, considerably higher,” Ms Bachelet added. Meanwhile, millions of civilians, including vulnerable and older people, are forced to huddle in different forms of bomb shelters, such as underground stations, to escape explosions, she said. UNHCR (UN Refugee Agency) reported that 422,000 people have fled the country – and many more are internally displaced, Ms Bachelet added. “The calls for peace and human rights that are coming from individuals all over the world warn us that our future must not be a world that has become unmoored from the jointly agreed obligations of international human rights law, and from the Universal Declaration of Human Rights,” said the High Commissioner. “Over the next three days, an unprecedented number of dignitaries will participate in this high-level segment. This is a vital opportunity to come together and meet this grave and pivotal moment with action,” said Ms Bachelet. “I ask that as we do so, all of us place, first and foremost, the world’s people – their shared, and universal, aspirations and rights – at the centre of our deliberations,” she added. “It is precisely at a tipping point, or time of crisis, when investment in multilateral and human rights-based action brings swift and effective solutions – as well as laying out the path towards greater, more shared development and peace.” “Our constant refrain has been that more needs to be done to prevent conflict and human rights crises. It is time, now, for strong preventive action that will match our words,” said Ms Bachelet. “Action to end conflict, respect the UN Charter, and abide by international law. Action to establish the fundamental justice, services, opportunities and rights that build development, resolve grievances and re-establish trust. Action to eradicate discrimination, which impedes people’s exercise of every kind of right, and is at the root of so much misery and despair. Action to ensure that digital technology advances rights – rather than undermining them – everywhere. Action to enable the full participation of the people in decision-making – so that they can believe in and trust their institutions. Action to revive the health of our planet, whose destruction is at the root of growing poverty, displacement and harm,” she added. “We must also, with unprecedented vigour, fight corruption, which robs the public treasury for private gain – creating predatory elites whose interests may sharply diverge from the well-being of the people,” she said. Meanwhile, a draft resolution has been submitted by Ukraine on “Situation of human rights in Ukraine stemming from the Russian aggression”, which is scheduled to be considered by the Human Rights Council during its urgent debate on Ukraine on 3 March. The draft resolution calls on the Human Rights Council to condemn in the strongest possible terms the human rights violations and abuses resulting from the Russian Federation’s continuing military invasion of Ukraine and to reaffirm its strong commitment to the sovereignty, political independence, unity, and territorial integrity of Ukraine within its internationally recognized borders, including its territorial waters. The draft resolution calls upon the Russian Federation to immediately end its human rights violations and abuses and violations of international humanitarian law in Ukraine. It calls for the strict observance of all human rights and fundamental freedoms, and for the protection of civilians and critical civilian infrastructure in Ukraine. The draft resolution also calls for the swift and verifiable withdrawal of Russian Federation troops and armed groups from the entire internationally recognized territory of Ukraine including its territorial waters, in order to prevent further violations and abuses of human rights in the country, and stresses the urgent need for the immediate cessation of military hostilities against Ukraine. The draft resolution expresses grave concern at the documented harm to the enjoyment of many human rights including the rights to life and to the highest attainable standard of health caused by Russian shelling and bombing in civilian population areas. The draft resolution calls for the urgent establishment of an independent international commission of inquiry, constituted by three human rights experts, to be appointed by the President of the Human Rights Council for an initial duration of one year, complementing and building upon the work of the UN Human Rights Monitoring Mission in Ukraine, with the following mandate: (a) To investigate all alleged violations and abuses of human rights and violations of international humanitarian law in Crimea and certain areas of Donetsk and Luhansk regions since 2014 and in other areas of Ukraine since February 22, 2022; (b) To establish the facts and circumstances that may amount to violations and abuses of human rights or violations of international humanitarian law in Ukraine; (c) To collect, consolidate and analyze evidence of such violations and abuses, and systematically record and preserve all information, documentation and evidence, including interviews, witness testimony and forensic material, consistent with international law standards, in order to maximize the possibility of its admissibility in any future legal proceedings in national, regional, or international courts or tribunals that have, or may in the future have, jurisdiction; (d) To document and verify relevant information and evidence, including through field engagement and by cooperating with judicial and other entities, as appropriate; (e) To identify, where possible, those responsible for violations or abuses of human rights or violations of international humanitarian law in Ukraine, with a view to ensuring that those responsible are held accountable; (f) To make recommendations, in particular on accountability measures, all with a view to ending impunity and ensuring accountability, including, as appropriate, individual criminal responsibility, and justice for victims; and (g) To provide an oral update followed by an interactive dialogue to the Human Rights Council at its fifty-first session, and a comprehensive written report before the start of its fifty-second session to be followed by an interactive dialogue during the fifty-second session, and to provide a report to the General Assembly at its seventy-seventh session.
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