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Resolution 2028 (2015) Final version
The humanitarian situation of Ukrainian refugees and displaced persons
1. The Parliamentary Assembly is deeply
concerned about the ongoing instability in some parts of the Donetsk
and Luhansk regions of Ukraine and the continued violation of the
ceasefire signed in Minsk on 5 September 2014. Particularly disturbing
is the direct involvement of the Russian Federation in the emergence and
worsening of the situation in these parts of Ukraine. The situation
of all the people affected by the conflict, including internally
displaced persons (IDPs) and refugees, as well as those living in
the areas controlled by pro-Russian illegal armed groups, is particularly
worrying.
2. The numerous reports of serious human rights violations allegedly
committed during the armed hostilities and illustrated by the high
number of civilian casualties, disappearances and mass graves require objective
investigation and the perpetrators must be brought to justice. The
Assembly stresses the importance of not tolerating impunity, as
one of the preconditions for the establishment of security in the
region.
3. Furthermore, the Assembly deplores the deterioration of the
human rights situation in Crimea, as reported by the Council of
Europe Commissioner for Human Rights following his visit in September
2014, in particular the intimidation, harassment and discrimination
of the ethnic Ukrainian and Crimean Tatar populations.
4. As a result of the annexation of Crimea by the Russian Federation
and the armed conflict in Ukrainian Donbas, over 921 000 people
(as of 23 January 2015) have registered as IDPs within Ukraine and
over 524 000 have sought asylum or other legal status in the Russian
Federation. Several thousand people have sought protection in other
European countries, mainly Poland and Belarus. More than two million
people remain in the areas controlled by separatist forces, exposed
to insecurity, serious human rights violations and inadequate living
conditions.
5. Following the Minsk agreements of 5 and 19 September 2014
and a relative improvement in security, around 50 000 people have
returned to areas controlled by the Ukrainian Government. However,
the volatile security situation and the destruction of or damage
to infrastructure and private and public property remain a serious
concern in the area.
6. In this regard, the Assembly broadly welcomes the efforts
of the Ukrainian Government to address the needs of those who were
forced to leave their homes. The Assembly commends the Parliament
of Ukraine for the adoption, on 20 October 2014, of the law on the
rights and freedoms of internally displaced persons and the related
legislation on taxation and humanitarian aid, drawn up in co-operation
with the European Commission for Democracy through Law (Venice Commission).
It also applauds the remarkable generosity and solidarity shown
by the country’s people and civil society in responding to the humanitarian
crisis.
7. The Assembly notes with satisfaction a number of positive
steps taken by the Russian authorities in response to the increased
flow of Ukrainian refugees following the outbreak of armed hostilities
in the south-eastern part of Ukraine, in particular the resolutions
establishing a simplified procedure for granting temporary asylum
to citizens of Ukraine and allowing the issue of work permits for
citizens of Ukraine arriving in mass and in urgent circumstances.
8. Humanitarian assistance from the international community is
important to alleviate the humanitarian situation of IDPs, refugees
and those still in the conflict areas. It has, however, included
numerous Russian “humanitarian convoys”, which unfortunately entered
Ukraine unlawfully, without authorisation, border control or co-ordination
with the International Committee of the Red Cross (ICRC).
9. The Assembly expresses its appreciation to the Office of the
United Nations High Commissioner for Refugees (UNHCR) for its commendable
response and assistance to the immediate needs of the displaced population
and invites it to continue its efforts, particularly in the light
of increased needs during the winter months.
10. The Assembly expresses its full support for the efforts of
the Council of Europe Commissioner for Human Rights aimed at ensuring
the effective observance of human rights in Crimea and the conflict-affected
parts of the Donetsk and Luhansk regions of Ukraine. It invites
the Commissioner to continue monitoring the human rights situation
throughout Ukraine, including Crimea, using all available means.
11. Another major concern is the growing number of people who
are reported missing on all sides of the military conflict in Ukraine.
12. The Assembly underlines that only a sustainable political
solution based on respect for Ukraine’s independence, sovereignty
and territorial integrity and on respect for the rights of all citizens
of Ukraine, can lead to the improvement of the humanitarian situation.
Dialogue is the essential precondition for the peaceful future of
Ukraine.
13. The Assembly therefore calls on all sides of the conflict
to:
13.1. fully respect and implement
the provisions of the ceasefire provided by the Minsk agreements
of 5 and 19 September 2014 and refrain from the use of force and
violence, particularly against civilians and civilian infrastructure;
13.2. abide unconditionally by international humanitarian and
human rights law and, in particular, by the 1907 Hague Conventions
on the Laws and Customs of War on Land, the 1949 Geneva Convention and
their additional protocols, as well as by the European Convention
on Human Rights (ETS No. 5);
13.3. release and exchange all prisoners of war and people detained
as a result of the conflict, and exchange all mortal remains;
13.4. ensure immediate and unimpeded access at all times to
all conflict areas for humanitarian actors and investigators, including
the monitoring mission of the Organization for Security and Co-operation
in Europe (OSCE);
13.5. provide the relevant Ukrainian authorities and, where
appropriate, international investigative bodies, with all available
evidence and information enabling the conduct of investigations
of alleged atrocities and human rights violations committed on the
territory of Ukraine;
13.6. guarantee the voluntary right of return to all people
displaced by the current conflict, ensuring that their return takes
place in safety and dignity; and enable and facilitate the reconstruction
process;
13.7. take, without delay, all necessary measures aimed at helping
the families of missing persons to find and, where appropriate,
identify the remains of their loved ones, in close co-operation
with the ICRC;
13.8. take measures to effectively protect the property left
behind by IDPs with a view to securing restitution of such property
in the future;
13.9. ensure the unobstructed delivery of Ukrainian and international
humanitarian aid for people in Ukrainian territories not under government
control and take all measures aimed at preventing the blocking of
humanitarian aid.
14. Furthermore, the Assembly calls on the relevant Ukrainian
authorities to:
14.1. fully comply
with international standards as defined in the 1998 Guiding Principles
on Internal Displacement;
14.2. continue implementing the law on the rights and freedoms
of IDPs and ensure that the surrounding legal framework is complete,
coherent and transparent, taking into account the views of relevant
international organisations and civil society;
14.3. ensure that IDPs are systematically informed and consulted
about their rights and choices and respect their right to freely
choose whether they want to return home, integrate locally or resettle
in another part of the country, and take measures to assist them
in fulfilling their choice;
14.4. eliminate cases of discrimination of Roma people without
identity documents who allegedly encounter difficulties registering
as IDPs;
14.5. develop and put in place policies, structures and programmes
for those IDPs who will be able to return safely to their homes,
or find durable alternative solutions for those who may be prevented
from returning;
14.6. avoid taking and/or revoke measures relating to the provision
of essential State services in separatist-controlled areas that
may exacerbate the extremely difficult situation of those living
there;
14.7. ensure the accountability and transparency of aid beneficiaries
and distribution of international aid, assistance and funding for
IDPs;
14.8. eliminate unnecessary bureaucratic obstacles to international
and non-governmental organisations’ humanitarian aid activities;
14.9. investigate and, where appropriate, prosecute all human
rights violations and violations of humanitarian law promptly, independently
and impartially, and fully co-operate with international investigations
where appropriate;
14.10. take appropriate measures to maintain harmonious relations
between IDP and host communities, including by preventing possible
stigmatisation of and discrimination against IDPs, and more generally to
promote national unity and reconciliation.
15. The Assembly calls on the Russian authorities to:
15.1. refrain from destabilising Ukraine
and financing and providing military support to illegal armed groups,
and to use their influence on them to make them fully respect and
implement the provisions of the Minsk agreements;
15.2. ensure the security and respect for human rights of all
those who live under the de facto illegal control
of the Russian Federation in Crimea, ensure full respect of all
the obligations of the occupying State in accordance with international
humanitarian law and provide immediate and unimpeded access for
international human rights monitoring missions to the Crimean Peninsula;
15.3. conduct prompt, effective and adequate investigations
into all cases of human rights violations in Crimea, including the
cases of disappearances;
15.4. cease disproportionate and excessive searches and checks
carried out by armed and masked members of the security forces in
Crimean Tatar religious institutions, businesses and private residences;
15.5. continue to offer protection to Ukrainian refugees who
request it and render assistance to those Ukrainian refugees who
wish to return to Ukraine;
15.6. simplify the procedure for the submission of an application
for asylum and allow applications to be submitted also in areas
of the Russian Federation not adjacent to Ukraine, particularly
in Moscow and St Petersburg;
15.7. allow Ukrainian refugees to relocate also to Moscow and
St Petersburg in cases where, for example, close relatives are already
established there;
15.8. refrain from imposing quotas with regard to the settlement
of asylum seekers;
15.9. ensure that those who are granted asylum are systematically
provided with identity documents which allow them to benefit from
access to social services;
15.10. ensure that efforts to protect Ukrainian refugees do not
lead to the discriminatory diversion of resources away from the
protection of asylum seekers of other nationalities;
15.11. immediately release all prisoners of war, including the
member of the Ukrainian Parliament and of the Ukrainian delegation
to the Parliamentary Assembly, Nadiya Savchenko, and other Ukrainian citizens
who remain illegally detained in Russian prisons;
15.12. ensure that all initiatives of humanitarian assistance
to Ukraine be agreed with the Ukrainian government and implemented
in accordance with Ukrainian legislation, international law and
established international practices.
16. The Assembly calls on the international community to:
16.1. continue providing material
and organisational assistance to the Ukrainian IDPs and refugees,
in particular in the winter months, and to assist the Ukrainian
authorities in putting in place long-term assistance programmes,
including material, organisational and medical help, for those IDPs
who will be able to return to their homes safely, as well as for
those who may be prevented from returning;
16.2. provide immediate and long-term support for reconstruction
efforts, projects to restore water and other essential services;
16.3. ensure the accountability and transparency of aid beneficiaries
whether these be the government, local authorities, international
organisations, non-governmental organisations or others;
16.4. continue to follow closely the situation in Crimea, in
particular regarding the Crimean Tatars, with a view to ensuring
their full enjoyment of all human rights and fundamental freedoms;
16.5. simplify the application procedure for refugee status
for Ukrainian nationals.
17. The Assembly invites the Council of Europe Development Bank
to consider action with a view to assisting the displaced Ukrainian
population and the reconstruction process in the devastated areas.