Members of the Commission of Inquiry. President E. Mose, Ms. P. De Greiff and Madam j. Dzumhur.
On the occasion of the 51st session of the UN Human Rights Council, as previously decided by the Members States (A/HRC/RES/49/1 and A/HRC/RES/S-34/1) the Independent International Commission of Inquiry on the situation of human rights in Ukraine stemming from the Russian aggression presented its oral update in the plenary.
After the presentation and the following statements by Member States and National Human Rights Institutions, NGOs had the opportunity to take the floor.
IFOR, thus, delivered an oral statement calling on the UN Member States to act to stop the war and save lives and addressed the issue of the violation of the right to conscientious objection to military service, restating its support to all those who refuse to kill.
IFOR recalled as well international standards on the non-derogability of the right to conscientious objection and expressed its concern for the current suspension of this right in Ukraine and its violation in the occupied territories.
Human Rights Council, 51st Session
23rd September 2022
Item 4: Interactive dialogue with the International Commission of Inquiry on Ukraine Oral statement delivered by the International Fellowship of Reconciliation.
Mr. President,
War should be abolished because it is never a conflict resolution, neither in Ukraine nor in other countries. On the contrary, it brings devastating and dramatic consequences on the people and on the land.
Excellencies, colleagues, we are here today addressing violations directly connected to the ongoing war.
The victims are waiting for action. [As we head yesterday during the ID with the SR on Myanmar, concerning another violent conflict, actions speak louder than words.]
In resolution (A/HRC/S-34/L.1) the Human Rights Council reiterated its demand for an immediate end of military hostilities against Ukraine, and for all parties to the conflict to respect the fundamental principles and rules of international humanitarian law
We stand in solidarity with the people of Ukraine and mourn with them. We also stand in solidarity with those opposing to war and refusing to kill.
We have been notified that the Ukrainian Ministry of Defense replied to the Ukrainian Pacifist Movement that "Due to martial law, since 24.02.2022 the temporary military service in Ukraine is no longer implemented. Therefore, the implementation of alternative service is not applicable."
The UN Human Rights Committee has clearly stated that the right to conscientious objection cannot be restricted for reasons of national security.
IFOR is also concerned by the forced mobilization of conscripts in Ukrainian territory controlled by Russian affiliated armed groups.
Freedom of thought, conscience and religion is a non-derogable right and, as is freedom of expression, it continues to apply in situations of armed conflict. The right to conscientious objection to military service should be absolutely protected and cannot be restricted, as highlighted by the quadrennial analytical thematic report by OHCHR presented at the 50th session.
Thank you.
Click here to watch IFOR main representative to deliver the statement at the UN Human Rights Council.
Insights concerning the UN Human Rights Council on the ongoing war in Ukraine
- Resolution adopted by the Human Rights Council on 4 March 2022.
During the 49th session of the UN Human Rights Council, the Council "Decides to urgently establish an independent international commission of inquiry, comprising three human rights experts, to be appointed by the President of the Human Rights Council for an initial duration of one year, complementing, consolidating and building upon the work of the human rights monitoring mission in Ukraine, in close coordination with the human rights monitoring mission in Ukraine and the Office of the United Nations High Commissioner for Human Rights, with the following mandate: (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 aggression against Ukraine by the Russian Federation, 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; A/HRC/RES/49/1 4 (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"
Learn more about Resolution A/HRC/RES/49/1 here.
- Resolution adopted by the Human Rights Council on 12 May 2022
During the Special UN Human Rights Council session held in May 2022 the Council adopted a resolution which says that the UN HRC " Reiterates its demand for the immediate cessation of military hostilities against Ukraine and for all parties to the conflict to respect the fundamental principles and rules of international humanitarian law, including to refrain from any attacks against civilians and civilian objects, and to refrain from any human rights violations and abuses in Ukraine; 2. Stresses the need to refrain from any State-sponsored disinformation, propaganda for war or advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, relating to the aggression against Ukraine; 3. Urges the Russian Federation to provide representatives and staff of international human rights and humanitarian institutions, including United Nations specialized agencies, with unhindered, timely, immediate, unrestricted and safe access to A/HRC/RES/S-34/1 3 persons who have been transferred from conflict-affected areas of Ukraine and are held on the territory of the Russian Federation or areas controlled or occupied by the Russian Federation, and to share with relevant parties a comprehensive list of such transferred persons and their whereabouts; 4. Requests the independent international commission of inquiry on Ukraine to conduct an inquiry, consistent with its mandate and international standards, and in coordination with other national and international mechanisms, to address the events in the areas of the Kyiv, Chernihiv, Kharkiv and Sumy regions in late February and in March 2022, including their gender dimension, with a view to holding those responsible to account, and also requests the commission to brief the Human Rights Council on the progress of that inquiry as part of the oral update to the Council at its fifty-first session, and to include its findings after the completion of the inquiry in its report to the Council at its fifty-second session; 5. Requests the United Nations High Commissioner for Human Rights to present an oral update on the grave human rights and humanitarian situation in Mariupol, including an assessment of the nature and causes of violations or abuses of human rights and of violations of international humanitarian law committed there, to the Human Rights Council at its fiftieth session under item 2, to be followed by an interactive dialogue; 6. Encourages relevant thematic special procedure mandate holders, within their respective mandates, to continue to pay particular attention to the situation of human rights in Ukraine stemming from the Russian aggression, and urges all relevant parties to cooperate with those mandate holders; 7. Decides to remain seized of the matter."