1 report of the Secretary-General submitted under this mandate, 2019.
2019A/74/276Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine report of the Secretary-General
iIdentified automatically from the metadata in each report’s UN Digital Library catalogue record.
What does this mandate say?
33 operative paragraphs
1
Deplores the failure of the Russian Federation to comply with the repeated requests and demands of the General Assembly, as well as with the order of the International Court of Justice of 19 April 2017 on provisional measures in the case concerning the Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation);6
2
Strongly condemns the continuing and total disregard by the Russian Federation for its obligations under the Charter of the United Nations and international law regarding its legal responsibility for the occupied territory, including the responsibility to respect Ukrainian law and the rights of all civilians;
3
Condemns all attempts by the Russian Federation to legitimize or normalize its attempted annexation of Crimea, including the automatic imposition of Russian citizenship and illegal election campaigns;
4
Also condemns violations, abuses, measures and practices of discrimination against the residents of the temporarily occupied Crimea, including Crimean Tatars, as well as Ukrainians and persons belonging to other ethnic and religious groups, by the Russian occupation authorities;
5
Further condemns the unlawful imposition of laws, jurisdiction and administration in the occupied Crimea by the Russian Federation, and demands that the Russian Federation respect obligations under international law with regard to respecting the laws in force in Crimea prior to occupation;
6
Urgesthe Russian Federation:
a
To uphold all of its obligations under applicable international law as an occupying Power;
b
To fully and immediately comply with the order of the International Court of Justice of 19 April 2017;
c
To take all measures necessary to bring an immediate end to all violations and abuses against residents of Crimea, in particular reported discriminatory measures and practices, arbitrary detentions and arrests, torture and other cruel, inhuman or degrading treatment, revoke all discriminatory legislation and hold accountable those responsible for those violations and abuses;
d
To respect the laws in force in Ukraine, repeal laws imposed in Crimea by the Russian Federation that allow for forced evictions and the confiscation of private property in Crimea, in violation of applicable international law, and respect the property rights of all former owners affected by previous confiscations;
e
To immediately release and allow the return to Ukraine, without preconditions, of Ukrainian citizens who were unlawfully detained and judged without regard for the requirements of international law, as well as those transferred or deported across internationally recognized borders from Crimea to the Russian Federation;
f
To monitor and accommodate the medical needs of all Ukrainian citizens unlawfully detained for the exercise of their human rights and fundamental freedoms, including political prisoners, in Crimea and the Russian Federation and allow the monitoring of those detainees’ state of health and conditions of detention by independent international monitors and physicians from reputable international health organizations, including the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the International Committee of the Red Cross;
g
To uphold the rights, in accordance with international law and until their release, of Ukrainian prisoners and detainees in Crimea and in the Russian Federation, including those on hunger strike, and encourages it to respect the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules);
h
To provide Ukrainian consular officials with information on Ukrainian citizens detained in the Russian Federation, ensure freedom of consular communication with, and consular access to, detained Ukrainian citizens, in accordance with the Vienna Convention on Consular Relations, to which the Russian Federation is a party, and allow Ukrainian officials, including the Ukrainian Parliament Commissioner for Human Rights, to visit all Ukrainian citizens, including political prisoners in Crimea and the Russian Federation;
i
To address the issue of impunity and ensure that those found to be responsible for violations and abuses are held accountable before an independent judiciary;
j
To create and maintain a safe and enabling environment for journalists and media workers, human rights defenders and defence lawyers to perform their work independently and without undue interference in Crimea;
k
To restore enjoyment of the rights of all individuals, without any discrimination based on origin or religion or belief, revoke the decisions that banned cultural and religious institutions, non-governmental organizations, human rights organizations and media outlets and restore enjoyment of the rights of individuals belonging to ethnic communities in Crimea, in particular Ukrainians and Crimean Tatars, including that to engage in cultural gatherings;
l
To ensure that the right to freedom of opinion and expression and the rights to peaceful assembly and freedom of association can be exercised by all Crimean residents in any form, including single-person pickets, without any restrictions other than those permissible under international law, including international human rights law, and without discrimination on any grounds;
m
To refrain from criminalizing the right to freedom of opinion and expression and the right to peaceful assembly and quash all penalties imposed on Crimean residents for expressing dissenting views, including regarding the status of Crimea;
n
To ensure the availability of education in the Ukrainian and Crimean Tatar languages;
o
To revoke immediately the decision declaring the Mejlis of the Crimean Tatar People an extremist organization and banning its activities, repeal the decision banning leaders of the Mejlis from entering Crimea and refrain from maintaining or imposing limitations on the ability of the Crimean Tatar community to conserve its representative institutions;
p
To end the practice of compelling Crimean residents to serve in the armed or auxiliary forces of the Russian Federation, including through pressure or propaganda, and in particular ensure that Crimean residents are not compelled to participate in military operations of the Russian Federation;
q
To end the practices of deporting Ukrainian citizens from Crimea for not taking Russian citizenship and of discriminating against Crimean residents for not possessing identity documents issued by the Russian Federation;
r
To cooperate fully and immediately with the Office of the United Nations High Commissioner for Human Rights, the Organization for Security and Cooperation in Europe and the Council of Europe on the situation of human rights in Crimea;
7
Calls upon the Russian Federation to address the substantive concerns and all recommendations highlighted in the reports of the Office of the United Nations High Commissioner for Human Rights on the situation of human rights in the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol, Ukraine,4,5 as well as previous relevant recommendations from 23 reports on the situation of human rights in Ukraine by the Office of the High Commissioner based on the work of the United Nations human rights monitoring mission in Ukraine established to prevent further deterioration of human rights in Crimea;
8
Requeststhe Secretary-General to continue to seek ways and means, including through consultations with the United Nations High Commissioner for Human Rights and relevant regional organizations, to ensure safe and unfettered access to Crimea by established regional and international human rights monitoring mechanisms, in particular the human rights monitoring mission in Ukraine, to enable them to carry out their mandate;
9
Urgesthe Russian Federation to ensure the proper and unimpeded access of international human rights monitoring missions and human rights non-governmental organizations to Crimea, including all places where persons may be deprived of their liberty, recognizing that the international presence in Crimea is of paramount importance in preventing further deterioration of the situation;
10
Supports the efforts of Ukraine to maintain economic, financial, political, social, informational, cultural and other ties with its citizens in the occupied Crimea in order to facilitate their access to democratic processes, economic opportunities and objective information;
11
Calls upon all international organizations and specialized agencies of the United Nations system, when referring to Crimea in their official documents, communications and publications, including with regard to statistical data of the Russian Federation, to refer to “the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, temporarily occupied by the Russian Federation”, and encourages all States and other international organizations to do the same;
12
Requeststhe Secretary-General to take all steps necessary to ensure the full and effective coordination of all United Nations bodies with regard to the implementation of the present resolution;
13
Also requeststhe Secretary-General to continue to provide his good offices and pursue his discussions relating to Crimea, involving all relevant stakeholders and including the concerns addressed in the present resolution;
14
Further requeststhe Secretary-General to report to the General Assembly at its seventy-fourth session on the progress made in the implementation of the present resolution, including options and recommendations to improve its implementation;
15
Decides to continue its consideration of the matter at its seventy-fourth session under the item entitled “Promotion and protection of human rights”.
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