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A. Draft resolution
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B. Draft recommendation
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Report | Doc. 15901 | 24 January 2024
Situation of the children of Ukraine
Committee on Social Affairs, Health and Sustainable Development
Summary
No Ukrainian child has been spared by the war. Ukrainian children, who are particularly vulnerable victims, should never be used as means of exerting pressure, or as war trophies. The report emphasises that all Ukrainian children have the right to enjoy the rights and freedoms enshrined in relevant international human rights instruments and that the rights and best interests of the child must prevail in decision-making concerning them.
The report expresses particular concern about the fate of children forcibly transferred and deported to the temporarily occupied territories of Ukraine, the Russian Federation, and Belarus. As of today, the “Children of War” platform run by the Ukrainian Government states that it has collected information on more than 19 546 children which have been signalled to the platform as having been deported or forcibly transferred from various locations, and only 388 of whom have returned home.
The report highlights the need for enhanced co-operation among various existing parties and mechanisms to pool efforts for the return of children, relying in particular on third-party intervention which can offer guarantees of impartiality and effectiveness. It is crucial to have access to the territories of the Russian Federation, Belarus, and occupied territories of Ukraine, in order to speed up the process of identification, location and repatriation of deported and forcibly transferred Ukrainian children. The Assembly should commit itself to continuing its role as a facilitator, and consider what Assembly structure or mechanism(s) could be used to support the Ukrainian authorities and the different international actors and organisations in determining the most rapid means to identify and facilitate an effective search for children, on the basis of access to as much information as possible about their identity and the conditions of their deportation or forcible transfer.
A. Draft resolution 
(open)1. Recalling its Resolution 2495 (2023) “Deportations and forcible transfers of Ukrainian children
and other civilians to the Russian Federation or to temporarily
occupied Ukrainian territories: create conditions for their safe
return, stop these crimes and punish the perpetrators,” the Parliamentary
Assembly firmly reiterates its condemnation of the full-scale war
of aggression being waged by the Russian Federation against Ukraine
and the massive violations of the rights of Ukrainian children,
who are particularly vulnerable victims of this war. Children should
never be used as means of exerting pressure, or as war trophies.
2. No child in Ukraine has been spared by the war, and the Assembly
emphasises that all Ukrainian children have the right to enjoy the
rights and freedoms enshrined in relevant international human rights instruments
and that the rights and best interests of the child must prevail
in all decision making concerning them.
3. The Assembly expresses its gratitude to the member States
of the Council of Europe that have put in place good conditions
to welcome Ukrainian children, some benefiting from the temporary
protection system granted by the European Union countries.
4. The Assembly emphasises the essential need for these children
to receive education and healthcare, including mental health support,
that are tailored to their specific situation, to maintain their
connections with their language and culture, which will facilitate
their future return to Ukraine, taking into account the best interests
of the child.
5. In this regard, the Assembly supports the Council of Europe
Consultation Group on the Children of Ukraine and stands ready to
fully co-operate in the activities of this group.
6. The Assembly welcomes Ukraine's efforts to return deported
or forcibly transferred children, including the implementation of
the “Bring Kids Back UA” action plan and the creation of the International
Coalition of Countries for the Return of Ukrainian Children contained
in President Zelenskyy's Peace Formula.
7. The Assembly recognises Ukraine's commitment to protecting
vulnerable children, including by establishing the Child Rights
Protection Centre, which operates under the supervision of the Ukrainian Parliament
Commissioner for Human Rights and addresses issues related to documenting
crimes against children subjected to forcible transfer and deportation,
assesses the needs of children, places them in family-based care,
if necessary, and undertakes other actions aimed at their reintegration.
8. The Assembly is particularly concerned about the fate of children
forcibly transferred and deported to the temporarily occupied Ukrainian
territories, the Russian Federation, and Belarus. These practices
constitute war crimes, crimes against humanity and, as noted by
the Assembly in its Resolution
2482 (2023) “Legal and human rights aspects of the Russian Federation’s
aggression against Ukraine”, possible genocide, since acts “such
as killings and forcible transfer of children of one group to another
group for Russification purposes through adoption by Russian families
and/or transfer to Russian-run orphanages or residential facilities
like summer camps” could fall under Article II of the 1948 Convention
on the Prevention and Punishment of the Crime of Genocide.
9. The Assembly deplores and condemns the deportations and forcible
transfers of Ukrainian children, practices which are fundamentally
contrary to international law, in particular Geneva Convention (IV)
relative to the Protection of Civilian Persons in Time of War and
the Additional Protocol relating to the Protection of Victims of
International Armed Conflicts, to which the Russian Federation and
Ukraine are signatories.
10. As of today, the “Children of War” platform run by the Ukrainian
Government states that it has collected information on more than
19 546 children which have been signalled as having been deported,
or forcibly transferred from various locations, and only 388 of
whom have returned home.
11. The Assembly notes that the longer time passes, the more the
chances of finding these children diminish, potentially leading
to the irreversibility of their situation. It emphasises the particular
vulnerability of orphans who have no support or legal representation.
The dramatic consequences on the mental and physical health and
well-being of children are crystallising. The citizenship and name
of these children have sometimes been changed by Russian authorities.
Some have been adopted illegally. Many are untraceable and have
no means of contact with their country or their family. All have
been subjected to some form of indoctrination, and a new culture
and a new language have been imposed on them. Children have experienced
psychological and/or physical aggression. These acts constitute
violations of their rights to preserve their identity, including nationality,
name, and family relations, to express their views freely, as well
as the right to education and to enjoy their own culture as guaranteed
by the United Nations Convention on the Rights of the Child.
12. In view of these elements and the urgency of putting an end
to these crimes, the Assembly reiterates its call on the Russian
Federation and Belarus to immediately cease these illegal deportations,
detention, and forcible transfers of children and to facilitate
the return of children as soon as possible and under the best possible
conditions.
13. The Assembly welcomes the discussions and conclusions arising
from the meeting held by the ad hoc committee
of its Bureau on 15 December 2023 in Paris, which focused on the
return of Ukrainian children forcibly transferred and deported to
the temporarily occupied Ukrainian territories, Russian Federation,
and Belarus, as well as on the situation of children temporarily
residing under the protection of Council of Europe member States
and other host countries.
14. Consequently, the Assembly reiterates its call on the Russian
Federation and Belarus to:
14.1. cease
immediately and unconditionally these practices of deportation and
forcible transfer to the temporarily occupied Ukrainian territories,
the Russian Federation, and Belarus, stop the transfer of Ukrainian
children for adoption or foster care, stop the imposition of Russian
citizenship and name changes, and restore contact between these
children and their parents or carers, or, in cases of loss of parents
or carers, the competent Ukrainian authorities, with a view to their
immediate repatriation to their home land or to release them to
a safe third country;
14.2. provide the Ukrainian authorities or a third party (a
State or an international organisation) with comprehensive and reliable
information about the number and the whereabouts of Ukrainian children
in this situation, their names and surnames, their origin and the
destination of the deportation, in order to ensure their safe return
to Ukraine;
14.3. provide representatives of the relevant United Nations
bodies and other international humanitarian intervention and human
rights protection organisations, such as the United Nations International
Children’s Emergency Fund (UNICEF), United Nations High Commissioner
for Refugees, United Nations High Commissioner for Human Rights,
and other competent UN agencies, and the International Committee
of the Red Cross (ICRC) with unhindered, immediate and safe access
to the children.
15. The Assembly considers that ensuring the return of deported
and forcibly transferred children to Ukraine, especially in cases
where family reunification is impossible, is in line with the principle
of the best interests of the child.
16. The Assembly calls on member States as well as observer States
and States whose parliaments enjoy observer or partner for democracy
status with the Assembly, as well as on the entire international
community acting in good will, and their diplomatic services to:
16.1. adopt, at the level of national
parliaments, statements and/or resolutions condemning the war crimes
against children and recognising deportations, forcible transfers,
and unjustifiable delay in repatriation of Ukrainian children, including
orphans, children deprived of parental care, and other unaccompanied
children under the control of the Russian Federation, as a crime
of genocide, while emphasising the need for the swift return of
deported and forcibly transferred children to Ukraine in line with
the principle of the best interests of the child;
16.2. make every effort to trace the fate of the thousands of
missing children, namely to identify, locate and return them to
Ukraine, and to reunify them with their parents and carers;
16.3. support Ukraine in its efforts to document and establish
the situation of each child, including the identification of deported
or forcibly transferred orphans, children with disabilities, and
children deprived of parental care, and to establish a substantiated,
comprehensive, and usable list of missing children;
16.4. collaborate with the law enforcement authorities of Ukraine
and establish mechanisms for documenting cases of forcible transfers
and deportation of Ukrainian children;
16.5. have recourse to instruments of universal jurisdiction
to record the facts of crimes committed, ensure justice, and create
the conditions to prevent that similar crimes occur in the future,
and employ various forms of international legal co-operation to
exchange data on the facts of forcible transfers and deportation
of Ukrainian children;
16.6. inform the competent authorities of Ukraine, via a duly-designated
partner authority in each country, in cases of border crossings
by citizens of the Russian Federation who have unlawfully adopted or
established guardianship over a Ukrainian child, with the aim of
returning that child to the territory of Ukraine;
16.7. provide political, logistical, and financial support for
the establishment of an effective, rapid, and safe legal mechanism
for the identification, tracing, and repatriation of children, and
to strengthen co-ordination with all relevant Ukrainian national
institutions and the Ukrainian Parliament Commissioner for Human
Rights;
16.8. provide comprehensive support to the competent Ukrainian
governmental and non-governmental organisations dealing with such
categories of children as internally displaced, those in need of institutional
care, orphans, children of fallen soldiers and veterans, and those
physically and psychologically affected by war, in particular in
their efforts to secure full access to education and healthcare,
including physical and psychological rehabilitation, and reintegration;
16.9. impose and further comply with sanctions against the Russian
Federation and Belarus, as well as to include in the sanctions lists
individuals involved in the deportation, forcible transfer, and unjustifiable
delay in repatriation of Ukrainian children;
16.10. assess, via their competent national authorities, the
participation of journalists or other media representatives in propaganda
campaigns organised by the Russian Federation or Belarus concerning Ukrainian
children deported and forcibly transferred by the Russian Federation,
with a view to applying appropriate measures in such cases, for
example as regards refusal of accreditation and of access to public
events;
16.11. foster a full exchange of information concerning Ukrainian
children in institutional care and ensure close co-operation in
this respect between the competent authorities of Ukraine and the
member States.
17. The Assembly emphasises the need for enhanced co-operation
among various existing mechanisms, including civil society, to pool
efforts for the return of children, relying in particular on third-party
intervention which can offer guarantees of impartiality and effectiveness.
In this respect, it calls on the various organisations whose neutrality-based
mandate allows them to gain access to the territories of the Russian
Federation, Belarus, and occupied territories of Ukraine, to contribute
to the process of identification, location and repatriation of deported
and forcibly transferred Ukrainian children and to work closely
with Ukraine and all States which could facilitate the return of
children.
18. In this regard, the Assembly is committed to continuing its
role as a facilitator, including by considering what Assembly structure
or mechanism(s) could be used to support the Ukrainian authorities
and various international organisations, such as the ICRC, in determining
the most rapid means to identify and facilitate an effective search
for children, with access to as much information as possible about
their identity and the conditions of their deportation or forcible
transfer by the Russian Federation.
B. Draft recommendation
(open)1. The Parliamentary Assembly
refers to its Resolution … (2024) “Situation of the children of
Ukraine”. It welcomes the setting up of the Council of Europe Consultation
Group on the Children of Ukraine, whose mandate covers unaccompanied
and separated minors arriving in the member States of the Council
of Europe, children evacuated from residential care facilities and
accompanied by adults, and children accompanied by a parent or caregiver.
2. The Assembly recommends that the Committee of Ministers establishes
a mandate of Special Rapporteur on the situation and return of Ukrainian
children deported and forcibly transferred by the Russian Federation
and Belarus. The Rapporteur's mission should include proposals to
facilitate the return of all children of Ukraine, considering their
best interests, especially orphans and children deprived of parental
care, including siblings, and all unaccompanied children who are
currently under the control of the Russian Federation.
3. The Assembly recommends that the Committee of Ministers creates
and ensures the functioning of a joint registry of individuals who
have been included in the sanctions lists of Council of Europe member
States, as well as in the EU sanctions list, in connection with
their involvement in the deportation, forcible transfer, unjustifiable
delay in repatriation of Ukrainian children as well as in unlawful
adoption or establishment of guardianship over Ukrainian children.
Such a registry would serve the purpose of harmonising sanctions
policy and monitor and enhance the effectiveness of the imposed
restrictive measures.
4. The Assembly recommends that the Committee of Ministers pays
due consideration to the specific educational, medical, and social
needs of Ukrainian children. It recognises Ukraine's commitment
to transitioning from a system based around institutional care to
one which seeks to ensure every child's right to be raised in a
family environment. It recommends that, when implementing its Strategic
Framework, the Council of Europe member States which are party to
the Partial Agreement on the Council of Europe Development Bank
(CEB) consider the establishment of a comprehensive joint programme
between Ukraine and the CEB aimed at addressing the individual needs
of Ukrainian children in the arrangements for their rehabilitation,
reunification with families or placement in family-based care, and
their reintegration into their home country, implemented by the
Ukrainian competent authorities in accordance with relevant international standards.
C. Explanatory memorandum by Ms Olena Khomenko, rapporteur
(open)1. Current situation on the issue of deported children: developments since April 2023
1. I refer to the facts described
in the report of Mr Paolo Pisco (Portugal, SOC) on “Deportations
and forcible transfers of Ukrainian children and other civilians
to the Russian Federation or to temporarily occupied Ukrainian territories:
create conditions for their safe return, stop these crimes and punish
the perpetrators” which was debated during the April 2023 part-session
of the Parliamentary Assembly and led to the adoption of Resolution 2495 (2023) and Recommendation
2253 (2023).
2. Developments since April 2023 unfortunately only confirm the
findings of this report: children have been deported and forcibly
transferred to the Russian Federation or Ukrainian territories temporarily
occupied by the Russian Federation, practices constituting war crimes,
crimes against humanity and genocide. Additional information
indicates that children have also been deported to Belarus or with
the assistance of Belarusian authorities. A report from the Yale School of Public Health Research Laboratory
dated 16 November 2023, shows Belarus' collaboration with the Russian
Federation in the displacement and indoctrination of thousands of
Ukrainian children, including on Belarusian territory. Furthermore,
this report shows the central involvement of political, security,
civil society, and business figures in Belarus in the systematic
deportation and re-education of thousands of children from Ukraine.
Additional information
indicates that children have also been deported to Belarus or with
the assistance of Belarusian authorities. A report from the Yale School of Public Health Research Laboratory
dated 16 November 2023, shows Belarus' collaboration with the Russian
Federation in the displacement and indoctrination of thousands of
Ukrainian children, including on Belarusian territory. Furthermore,
this report shows the central involvement of political, security,
civil society, and business figures in Belarus in the systematic
deportation and re-education of thousands of children from Ukraine.3. While the exact number of children concerned remains uncertain,
according to the “Children of War” platform managed by the Ukrainian government, more than 19 546
children are classified as “deported”, only 388 of whom have returned
home (according to the National Information Bureau of Ukraine).
4. There are several major problems in the process of children’s
return:
- Time, given that each new day moves children further away from the possibility of returning as Russian authorities change the identity of Ukrainian children;
- The Russian side keeps requesting for additional documents that are difficult to provide for parents or carers who want to pick up the children;
- The return of orphans who have no relatives in Ukraine is particularly difficult. Given that orphans are under the care of the Ukrainian State, the concept of family reunification cannot be taken as the only principle; ensuring the right to identity as guaranteed by the UN Convention on the Rights of the Child must then prevail;
- The return process may also be hampered by changes in the child's location, status and personal data;
- Children and their parents might have no accommodation to return to because their home is either under occupation or destroyed;
- Children living in the occupied territories or deported to the Russian Federation or Belarus have missed significant periods of education and require considerable support in this respect (tutors, enrolment in educational institutions, etc.);
- Rehabilitation and psychological assistance are an essential need in terms of long-term support.
5. In the
Reykjavik Declaration adopted during the 4th Summit (16-17 May 2023), the
Heads of State and Government call on “the Russian Federation to
immediately release all civilians forcibly transferred or illegally deported
to the territory of the Russian Federation or to areas temporarily
controlled or occupied by the Russian Federation, especially children,
and [urge] the Council of Europe to take action regarding the situation
of Ukrainian children, as indicated in Annex II,” which refers to
the “Declaration on the Situation of Children in Ukraine”: member
States call for support to Ukrainian authorities to ensure the immediate
return of children forcibly transferred and deported by Russian
forces. All perpetrators of such crimes against children must be brought
to justice. It is also essential to provide assistance to member
States temporarily hosting Ukrainian children.
6. I myself participated in the first meeting of the International
Coalition for the Return of Ukrainian Children on 8 December 2023,
as the Vice-President of the Assembly representing its President.
According to Mr Dmytro Lubinets, Ukrainian Parliament Commissioner
for Human Rights, this Coalition was created at the initiative of
the Canadian government and himself during discussions in Malta
on the implementation of Ukrainian President Zelenskyy's Peace Formula.
It aims to determine practical steps to support Ukraine in its objective
of bringing home deported and forcibly transferred children. It
also aims to engage Coalition countries in implementing specific
projects and ensuring the safe repatriation, rehabilitation, and
reintegration of these children. The Commissioner for Human Rights
of the Council of Europe also participated in this meeting, emphasising
the considerable risk taken by those trying to bring back children
and the urgency to address this situation.
The Commissioner for Human Rights
of the Council of Europe also participated in this meeting, emphasising
the considerable risk taken by those trying to bring back children
and the urgency to address this situation. 7. Today there is a need to identify practical steps for the
Coalition countries to support Ukraine in its efforts to bring the
deported and forcibly transferred children home, and to engage these
countries in participating in specific projects to help ensure the
safe repatriation, rehabilitation, and reintegration of these affected
children.
2. The commitment of the Parliamentary Assembly to the return of deported or forcibly transferred Ukrainian children
8. The Assembly has supported
Ukraine since the beginning of the Russian Federation's war of aggression.
It continues to prioritise the situation of Ukrainian children.
In its Resolutions 2482 (2023) “Legal and human rights aspects of the Russian
Federation’s aggression against Ukraine” and 2495 (2023) “Deportations and forcible transfers of Ukrainian
children and other civilians to the Russian Federation or to temporarily
occupied Ukrainian territories: create conditions for their safe
return, stop these crimes and punish the perpetrators”, the Assembly
highlighted and strongly condemned the Russian Federation's systematic policy
of deportations and forcible transfers of civilians, including children.
As part of the follow-up to these resolutions, it established an
ad hoc committee of the Bureau on 15 December 2023, to discuss the
situation of Ukrainian children, particularly addressing the issue
of deported and forcibly transferred children. The discussions were extremely informative
and conclusive, and a fruitful exchange took place during the in camera
session with the International Committee of the Red Cross (ICRC).
The discussions were extremely informative
and conclusive, and a fruitful exchange took place during the in camera
session with the International Committee of the Red Cross (ICRC).9. I thank the Assembly for its commitment to Ukraine on this
particularly sensitive issue for all Ukrainians and the international
community. I hope that beyond this urgent debate, the Assembly will
continue its role as a facilitator aiming for a specific and effective
solution enabling the return of deported and forcibly transferred children.
I therefore propose, to identify the appropriate structure and mechanism
within the Assembly to support Ukraine's efforts to repatriate its
children.
3. Enhanced co-operation among all stakeholders working together to facilitate the return of children
10. I am well aware that each individual
attempt to bring a deported Ukrainian child home is likely to pose considerable
danger to the individuals or organisations involved; this was emphasised
by the representatives of non-governmental and civil society organisations
and the journalists who participated in the ad hoc committee meeting
on 15 December and also by the Commissioner for Human Rights of
the Council of Europe during her participation in the Coalition. These actions are
often hindered by the hostile and extremely challenging context
and the subterfuges used by the Russian Federation in implementing
these practices. Such actions of the Russian forces may constitute
a separate war crime – an unjustifiable delay in the repatriation
of Ukrainian children.
These actions are
often hindered by the hostile and extremely challenging context
and the subterfuges used by the Russian Federation in implementing
these practices. Such actions of the Russian forces may constitute
a separate war crime – an unjustifiable delay in the repatriation
of Ukrainian children.11. I join the authorities and NGOs in requesting increased support
from the international community for the return of children.
12. I consider it essential to strengthen and improve the conditions
for co-operation with the relevant United Nations bodies and other
international humanitarian intervention and human rights protection
organisations, such as the Unicef, High Commissioner for Refugees,
High Commissioner for Human Rights and the ICRC. I emphasise that
enhanced trust and smooth communication between Ukrainian authorities,
the population, and such organisations is the way to reach the main
objective of identifying children, contacting them, and ultimately maximising
the chances of their return.
13. Numerous examples reveal that Qatar has played an important
role as a mediator in negotiations with Russian and Ukrainian authorities
that have led to the return of children. In October 2023, for example,
the successful return of four children was negotiated with the assistance
of Qatar. Ukraine is open to such mediation initiatives of the international
community. At the same time, it is in the best interests of Ukrainian children
to strengthen political co-operation through the conclusion of legally
binding agreements that will provide clear obligations for the parties
with regard to the return, rehabilitation, and reintegration of
children. It also seems pertinent that international humanitarian
organisations, each within their respective mandates, make their
expertise available to all entities, countries, or organisations
playing a role in the return of children.
14. For this reason, I insist on the importance of strengthening
dialogue with the relevant United Nations bodies and other international
humanitarian intervention and human rights organisations to build
up the most effective co-operation channels possible with the Ukrainian
authorities and any other actor involved in the process of returning
children, in particular, to establish a reliable and operational
list of missing children.
4. Conclusions
15. As rapporteur I wish to emphasise
the desirability for the Assembly to continue putting its rich experience in
parliamentary diplomacy at the service of the Ukrainian children.
I propose, therefore, that the Assembly facilitates the conditions
for co-operation between the Ukrainian authorities and various stakeholders
in establishing an effective legal mechanism aimed at the prompt
and secure return of Ukrainian children.
16. I also propose that the Committee of Ministers creates the
position of Special Rapporteur on the situation and return of Ukrainian
children deported and forcibly transferred by the Russian Federation
and Belarus.