Agression of Russia in Ukraine: resolution adopted by Human Rights Council (Geneva) on March 4th
Human Rights Council
Forty-ninth
session
28 February–1 April 2022
Agenda item 1
Organizational
and procedural matters
Resolution
adopted by the Human Rights Council on 4 March 2022
49/1. Situation of human
rights in Ukraine stemming from the Russian aggression
The Human Rights Council,
Guided by the principles and purposes of the Charter of the United Nations,
Recalling the obligations of all States under Article 2 of the Charter to
refrain in their international relations from the threat or use of force
against the territorial integrity or political independence of any State, and to
settle their international disputes by peaceful means,
Reaffirming the need to exert utmost efforts in order to settle any conflicts
and disputes between States exclusively by peaceful means and to avoid any
military action and hostilities, which can only make more difficult the
solution of those conflicts and disputes,
Recalling
also the Universal Declaration of Human Rights and
relevant international human rights treaties, and treaties relevant to
international humanitarian law, and also the role of regional arrangements,
particularly the European Convention on Human Rights,
Recalling
further General Assembly resolution 3314 of 14
December 1974, entitled “Definition of aggression”,
Welcoming the
adoption of the resolution on Aggression against Ukraine at the UN General
Assembly on March 2, 2022,
Reaffirming its strong commitment to the sovereignty, political independence,
territorial integrity and unity of Ukraine within its internationally
recognized borders, extending to its territorial waters, and reaffirming also that all peoples are entitled to freely determine, without
external interference, their political status and to pursue their economic,
social and cultural development, in accordance with international law,
Reaffirming
also the primary responsibility of States to
promote, respect and protect human rights,
Acknowledging
that international human rights law and
international humanitarian law are complementary and mutually reinforcing,
Strongly
condemning the aggression
against Ukraine by the Russian Federation,
Gravely
concerned at the ongoing human rights and
humanitarian crisis in Ukraine, particularly at the reports of violations and
abuses of human rights and violations of international humanitarian law by the
Russian Federation, including gross and systematic violations and abuses of
human rights, and recognizing strong expressions of concern in statements by
the UN Secretary General and by the High Commissioner for Human Rights,
Recalling in this regard the reports by the UN Secretary General and the
Office of the UN High Commissioner for Human Rights based on the work of the UN
Human Rights Monitoring Mission in Ukraine (HRMMU) established in 2014,
Concerned about increasing reports of civilian casualties, including children,
forced displacement, including more than 660,000 refugees, and at damage to and
destruction of residential areas, schools, cultural sites, and critical
civilian infrastructure, including hospitals and civilian water, sanitation,
and fuel supplies caused by Russian bombing and shelling in populated areas,
Stressing the urgent need for the Russian Federation to immediately cease its
military hostilities against Ukraine and for Belarus to immediately cease its
support for these hostilities, for the prioritization of the protection of
civilians, including those displaced, and civilian objects, and for full,
timely, immediate, unhindered and safe humanitarian access, and demanding that
the parties respect human rights and fully comply with their applicable
obligations under international law, including international human rights law,
international humanitarian law and international refugee law,
Recalling that the States members of the Human Rights Council are
required to uphold the highest standards in the promotion and protection of
human rights,
Deploring the suffering of the people in Ukraine and reaffirming its
profound solidarity with them, while stressing the importance of
providing them with proper support and assistance,
Concerned by the humanitarian needs of all those fleeing from or displaced by the
military hostilities,
Reaffirming the importance of the full, equal and meaningful participation of
women in planning and decision-making with regard to mediation,
confidence-building, conflict prevention and resolution, and of their
involvement in all efforts to maintain and promote peace and security, and the
need to prevent and redress human rights violations and abuses, such as all
forms of violence against women and girls, especially sexual and gender-based
violence,
Emphasizing the important role played by the Office of the United Nations High
Commissioner for Human Rights and the human rights monitoring mission in
Ukraine in contributing to an objective appraisal of the situation of human
rights in Ukraine,
Reaffirming that the right to freedom of opinion and expression, both online
and offline, is a human right guaranteed to all, reiterating in this regard the
important role of free and independent media and non-governmental organizations,
and condemning any attack against journalists, media outlets, media workers, and
human rights defenders,
Expressing concern at the spread of disinformation, which can be
designed and implemented so as to mislead and to violate and to abuse human rights,
including privacy and the freedom of individuals to seek, receive and impart
information,
Underscoring the obligation on all parties to the Geneva Conventions of 12 August
1949, as well as parties to the Additional Protocol I of 1977, to investigate
and prosecute or extradite persons alleged to have committed, or to have
ordered to be committed, grave breaches of the Geneva Conventions or Additional
Protocol I, as applicable,
Noting the decision by the prosecutor of the International Criminal Court
to proceed with opening an investigation into the situation in Ukraine, as
rapidly as possible,
Noting also the role of the International Court of Justice in settling, in
accordance with international law, legal disputes submitted to it by States,
1. Condemns in the strongest
possible terms the human rights violations and abuses and violations of
international humanitarian law resulting from the Russian Federation’s aggression
against Ukraine;
1bis. Reaffirms its strong commitment to the
sovereignty, political independence, unity and territorial integrity of Ukraine
within its internationally recognized borders, extending to its territorial
waters;
2. Calls upon the Russian Federation
to immediately end its human rights violations and abuses and violations
of international humanitarian law in Ukraine, and calls for the strict
observance of all human rights and fundamental freedoms, and for the protection
of civilians and critical civilian infrastructure in Ukraine;
3. Calls for the swift and verifiable
withdrawal of Russian Federation troops and Russian-backed armed groups from
the entire territory of Ukraine, within its internationally recognized borders,
as well as its territorial waters, in order to prevent further violations and
abuses of human rights and violations of international humanitarian law in the
country, and stresses the urgent need for the immediate cessation of military
hostilities against Ukraine;
4. Urges immediate, safe and
unhindered humanitarian access, including across conflict lines, to ensure that
humanitarian assistance reaches all those in need, particularly those in
vulnerable situations, and to respect the independence and impartiality of
humanitarian agencies and ensure the protection of humanitarian personnel and
medical personnel exclusively engaged in medical duties;
5. Expresses grave concern at the
documented harm to the enjoyment of many human rights, including the rights to
life, education, and the highest attainable standard of physical and mental
health, caused by Russian shelling and bombing in populated areas;
6. Stresses the importance of
maintaining free, open, interoperable, reliable and secure access to the
Internet, and condemns unequivocally any measures that prevent or disrupt an
individual’s ability to receive or impart information online or offline,
including partial or complete Internet shutdowns;
6bis. Stresses that all those fleeing from the
conflict in Ukraine should be protected without discrimination, including on
the basis of racial, national, and ethnic identity;
7. Encourages relevant thematic
special procedure mandate holders, within their respective mandates, to pay
particular attention to the situation of human rights in Ukraine;
8. Stresses the importance of ensuring
accountability for violations and abuses of human rights and violations of
international humanitarian law, and underscores the urgency of initiating a prompt,
independent and impartial investigation into all alleged abuses and violations
to end impunity and ensure accountability for those responsible;
(a) To investigate all
alleged violations and abuses of human rights and violations of international
humanitarian law, and related crimes, in the context of the Russian
Federation’s aggression against Ukraine, and to establish the facts,
circumstances, and root causes of any such violations and abuses;
(b) To collect, consolidate
and analyse evidence of such violations and abuses, including their gender
dimension, and to systematically record and preserve all information, documentation
and evidence, including interviews, witness testimony and forensic material,
consistent with international law standards, in view of any future legal
proceedings;
(c) To document and verify
relevant information and evidence, including through field engagement, and to
cooperate with judicial and other entities, as appropriate;
(d) To identify, where
possible, those individuals and entities responsible for violations or abuses
of human rights or violations of international humanitarian law, or other
related crimes, in Ukraine, with a view to ensuring that those responsible are
held accountable;
(e) 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 access to justice for victims;
(f) To provide the Human Rights
Council, at its fifty-first session, with an oral update, to be followed by an
interactive dialogue, and a comprehensive written report at its fifty-second
session, to be followed by an interactive dialogue, and to submit a report to
the General Assembly at its seventy-seventh session;
10. Requests the immediate
operationalization of the mandate, and requests the Secretary-General to
provide all the resources necessary to enable the commission of inquiry to
carry out its mandate and the resources and expertise necessary to enable the
Office of the United Nations High Commissioner for Human Rights to provide such
administrative, technical and logistical support as is required to implement
the provisions of the present resolution, in particular in the areas of
fact-finding, legal analysis and evidence-collection;
11. Calls upon all relevant parties and
States, and encourages civil society, the media and other relevant
stakeholders, to cooperate fully with the commission of inquiry to allow it to
effectively fulfil its mandate, and to provide it with relevant information or
documentation they may possess or come to possess, as appropriate;
12. Calls upon the relevant organs, bodies
and agencies of the United Nations system to cooperate fully with the commission
of inquiry and to respond promptly to any request made by it, including with
regard to access to relevant information and documentation;
13. Decides to remain
actively seized of the matter.
10th
meeting
4 March 2022
[Adopted by a recorded vote of 32 to 2,
with 13 abstentions. The voting was as follows:
In favour:
Argentina, Benin,
Brazil, Côte d’Ivoire, Finland, France, Gambia, Germany, Honduras, Indonesia, Japan,
Libya, Lithuania, Luxembourg, Malawi, Malaysia, Marshall Islands, Mauritania, Mexico,
Montenegro, Nepal, Netherlands, Paraguay, Poland, Qatar, Republic of Korea, Senegal,
Somalia, Ukraine, United Arab Emirates, United Kingdom of Great Britain and
Northern Ireland and United States of America
Against:
Eritrea and Russian
Federation
Abstaining:
Armenia, Bolivia (Plurinational State of), Cameroon, China, Cuba, Gabon,
India, Kazakhstan, Namibia, Pakistan, Sudan, Uzbekistan and Venezuela (Bolivarian
Republic of)]
No hay comentarios:
Publicar un comentario