42ndsession of the Human Rights Council
Item 3
Clustered interactive dialogue with the Working Group on Enforced and Involuntary Disappearances
Intervention by Ukraine (State concerned)
(Geneva, September 11, 2019)
Mr. President,
We thank the Working Group for presentation of the report prepared following its mission to Ukraine.
Events in the temporarily occupied territories of the Donbas region of Ukraine, caused by the armed aggression of the Russian Federation, undermined the security of everyone remaining in the territories outside of the Government’s control. There are no functioning legal institutions, governance structures or laws in these territories. The Russian occupation authorities that exercise effective control over the situation in those areas are guided by their own vision and understanding of law and order that nurtures an atmosphere of impunity and intimidation and leads to brutal violations of human rights, including numerous acts of abduction and enforced disappearances. The observations made in the course of Working Group visits to these areas have once again demonstrated that serious deterioration of the situation with human rights there has been caused solely by the armed aggression of the Russian Federation against Ukraine.
Let me also recall in this connection the recent UN Secretary General’s report on the human rights situation in Crimea wherein (para 17) he notes that the so-called “authorities” in Crimea have not brought to justice any individual in cases identified as enforced disappearances.
Mr. President,
The Government of Ukraine has been deeply astonished that the Working Group thanked, I quote, "the de facto authorities in Donetsk and Luhansk for their cooperation" [end of quote]. We recall our stance that such an approach may be interpreted as an indirect recognition of the Russian occupation authorities’ legitimacy in the temporarily occupied areas of Donbas and, therefore, is unacceptable. We resolutely protest and condemn it. We will not allow special procedures or any UN official to trample upon Ukraine’s sovereignty. We are hopeful that, going ahead, the OHCHR would bear that in mind, while preparing reports following of the visits conducted to Ukraine.
Mr. President,
The Government of Ukraine is committed to pursue the development of national legal aid system and promote the protection of human rights of all citizens residing in Ukraine. The Ministry of Justice implements All-Ukrainian Legal Awareness Project “I HAVE A RIGHT!” as a component to provide access to justice for everyone. Currently, there is an extensive free legal aid system in Ukraine, consisting of 550 access points with 3 thousand lawyers involved. More than 1.5 million citizens have already exercised their right to secondary free legal aid. The work of this system has been highly appraised by the Council of Europe and received a deep appreciation during World Justice Forum last April in The Hague, the Netherlands.
The Working Group recommends digitalizing the prisoners’ registry. The preparation for the full launch of the sub-system of accounting sentenced and remand prisoners is in its final stage. In addition, the sub-system for registration of case-management of probation subjects should start functioning from January 2020, while the sub-systems of electronic services of medical care for sentenced and remand prisoners as of January 2021.
The Government of Ukraine is taking steps to improve the national legislation aimed at protection of missing or disappeared persons. Along with the Law of Ukraine “On the legal status of missing persons”, a mechanism for the payment of average earning to the persons who disappeared while carrying out their military duties has been approved by the Government last May. Furthermore, the draft law “On legal status and social guarantees for persons illegally detained, imprisoned or taken hostage on the temporarily occupied territories of Ukraine and beyond” was adopted by the Parliament in the first reading this July. The draft law provides for a legal status for persons unlawfully detained by illegal armed groups or law enforcement agencies of a foreign state, as well as determines the procedure for granting such a status and providing those persons with social benefits.
I would like also recall that a mechanism to clarify the whereabouts of missing persons in the occupied territories has been blocked by Russia over these years, while international humanitarian organizations are deprived of unhindered access to the occupied areas of the Donetsk and Luhansk regions. At the same time, despite numerous calls of Ukraine and the international community, Russia continues to send so-called "humanitarian convoys" to Donbas in violation of Ukraine's sovereignty and territorial integrity and contrary to the Minsk agreements.
Mr. President,
The Ukrainian authorities are fully committed to further supporting future monitoring mechanisms’ visits in order to maintain full implementation of their mandates.
I thank you.