Support to the UN Human Rights Monitoring Mission in Ukraine (HRMMU) 2021-2023

Deployed in March 2014, the UN Human Rights Monitoring Mission in Ukraine (HRMMU) monitors, reports and advocates on human rights across all of Ukraine, including in areas that, in part, are/or have been under the temporary military control of the Russian Federation. The HRMMU focuses on conflict-affected areas, with the goal of strengthening protection of the human rights of men, women, girls, and boys. The Mission was present through its seven offices around the country in 2022: Kyiv, Dnipro, Poltava, Odesa, Uzhhorod, Donetsk and Luhansk. HRMMU also has two small remote teams in Krakow, Poland and Chisinau, Moldova, respectively. Consistent with UN General Assembly Resolutions 71/205, 72/190, 73/263, and 74/168, HRMMU also monitors the situation of human rights in Crimea. HRMMU STRENGTH HRMMUs Protection by Presence continues to influence the behavior of parties to the conflict. HRMMU continues to remain the only international entity that maintained a comprehensive record of conflict related civilian casualties in Ukraine since 2014 with data disaggregated by sex, age, place of incident, control over the place of the incident, and by weapon/type of incident. HRMMU is mandated to work in conflict-affected areas. The Mission has been in Ukraine since the beginning of the armed conflict in 2014 and has developed significant capacity and expertise in working in conflict settings. MONITORING AND REPORTING HRMMU conducted extensive monitoring of conflict-related human rights violations and published the results of this monitoring in a number of public reports, followed up by an extensive advocacy. In a context of serious, widespread violations, and despite the operational constraints related to insecurity, HRMMU fulfilled its role of compiling an impartial, verified record of conflicts impact on human rights. The following activities were conducted: The HRMMU findings and information were utilised in 3 UN Security Council meetings, 5 human rights council meetings and in over 1,170 media articles. 10 high-level public reports on human rights violations. These included such reports as on The situation of human rights in Ukraine in the context of the armed attack by the Russian Federation, Killings of civilians: summary executions and attacks on individual civilians in Kyiv, Chernihiv, and Sumy regions in the first months of the armed attack of the Russian Federation against Ukraine, and Early warning note on Hate speech and incitement to discrimination, violence and hostility against the Ukrainian population in state-owned media in the Russian Federation, the public statement on treatment of prisoners of war by all belligerent parties, statement on trials against POWs in Donetsk . These public reports, as well and statements and public posts are an important tool for the UN to advocate for the Government to better respect, protect and fulfil human rights by the sides of the international conflict. They also provide national stakeholders and the international community with reliable and verified information and data about international human rights law (IHRL) and humanitarian law (IHL) violations committed in Ukraine, enabling them to take actions for the protection of victims and holding perpetrators accountable. Over 950 cases of human rights and IHL violations registered for accountability in future judicial proceedings, based on 1,719 interviews with victims and witnesses of human rights violations (802 women and 917 men). Over 127 updates on conict-related civilian casualties, 30 situation updates, and 12 press statements/releases. These updates provide stakeholders with the latest relevant data on the human rights situation in Ukraine to inform their decision-making and carry out an early-warning function. KEY RESULTS AND IMPACT, FOLLOWING HRMMU ADVOCACY (NON-EXHAUSTIVE) Increased respect, protection, and fullment of human rights in Ukraine and internationally: 133 OHCHR recommendations were implemented partially and 31 fully implemented by the Government of Ukraine and other relevant stakeholders as of January 2023, in the territory under their control. These recommendations concerned remedy and reparations for civilians injured or killed during the armed conflict and for victims of torture; promotion of gender equality in every sphere of life; complex gender approach in drafting legislation and elaboration, monitoring and implementation of State policies; effective protection and investigation of attacks on human rights defenders; compensation for damaged and destroyed property in the context of the armed conflict; and compensation and rehabilitation of the conflict-affected population. The European Court of Human Rights, in its recent decision on the admissibility of the inter-state case of Ukraine and the Netherlands v. Russia concerning events in eastern Ukraine including the downing of the MH17 flight, relied more than 70 times on information and evidence provided by OHCHR. Protection of civilians Throughout the conflict, OHCHR has systematically provided reliable information and conducted advocacy about civilian casualties, with all relevant stakeholders including the parties to the conflict, the UN Security Council and the UN Human Rights Council. In the process of verifying these casualties, OHCHR conducts regular missions to high-risk and very high-risk areas. The regular reporting which was daily in the weeks just after Russias full-scale attack upon Ukraine, coupled with related advocacy raised awareness about the human cost of the war, and OHCHRs presence in high-risk areas provided a measure of attention and protection through presence. Through its advocacy and presence, OHCHR has contributed to a reduction in the number of civilian casualties over time. Civilian casualties were highest in the three months (March-May) following the full-scale attack. For example, in the worst month March there were 6,885 casualties (of which 3,918 killed and 2,967 injured). The numbers then decreased gradually, reaching the level of 822 casualties (of which 197 killed and 538 injured) in December 2022. Monitoring, documenting, reporting, and advocating on conict-related sexual violence The OHCHR has systematically documented and verified allegations of conflict-related sexual violence (CRSV) since the beginning of the armed attack by the Russian Federation. Since February 2022, the HRMMU has documented 140 CRSV cases. Most violations occurred in the context of detention or in communities that were under the control of Russian armed forces. CRSV cases documented by the HRMMU included rape, gang rape, electrocution to genitals, forced nudity, forcing someone to watch or conduct sexual violence against another person, unjustified cavity or strip searches, homophobic insults, and threats of sexual violence towards victims or their loved ones. The Mission shared its findings with national and international stakeholders and identified gaps in the availability and accessibility of services for CRSV survivors in order to support the design of survivorcentred support services and accountability. For instance, the HRMMU supported the implementation of the Framework Cooperation on the Prevention and Response to CRSV, signed in May 2022 by the Deputy Prime Minister for Euro-Atlantic Integration and the UN Special Representative on Sexual Violence in Conflict, which was a culmination of a long-term joint advocacy by the Special Representative, the HRMMU and other UN agencies in Ukraine. The Mission has long advocated and worked with representatives of the Parliament and Government of Ukraine and welcomed the ratication of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention) Convention by Ukraine, which entered into force on 1 November 2022. Preventing and addressing torture. Legislation on accountability for torture better aligned with international standards Grounded in the Projects outputs and supported by the HRMMUs targeted advocacy, the Parliament adopted a law amending the Criminal Code aimed at harmonizing national legislation with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (law no. 5336). The law brings the domestic definition of torture in line with the UN Convention Against Torture by including also acts committed at the instigation of, or with the consent or acquiescence of a public official or other persons acting in an official capacity. The prison term for torture, when committed by a State agent, ranges between 7 and 12 years (whereas previously the maximum duration was only five years). In addition, the law establishes that no statute of limitation applies to the crime of torture committed by a State agent and that no torture investigation can be thus time-barred. Treatment of prisoners of war. Access to prisoners of war granted by Ukraine, and Ukrainian Governments commitment to IHL principles in treatment of prisoners of war strengthened The HRMMU led advocacy efforts with the Ukrainian Government on the protection of POWs. In November, the Mission issued two statements presenting latest findings on the treatment of POWs. This was followed by a continuous advocacy effort with and technical advice, such as to the Ukrainian Parliament, recommending amendments to several laws to bring them in line with international standards and best practices. HRMMU also conducted extensive advocacy with the Chief Commander of UAF, Ministry of Defence and Prosecutor General. A significant change in practice is also worth highlighting. Following direct advocacy by HRMMU, the Office of Prosecutor General launched investigations into multiple allegations involving POWs, e.g., a case in Dmytrivka, where Ukrainian servicemen allegedly killed Russian POWs/persons hors de combat, and a case of alleged torture of Russian POWs in Mala Rohan village in Kharkiv region. Also, the Prosecutor Generals Office ceased the practice of charging POWs of the Russian armed forces for trespassing, which, in violation of IHL principles, amounted to prosecution for mere participation in hostilities. This advocacy has yielded important results. The Ukrainian MoD reconrmed responsibility of Ukrainian armed forces to comply with IHL in the treatment of prisoners of war (POWs). The Ministry created an interagency coordination mechanism to oversee the exchange and internment conditions of prisoners of war, ensured that Ukrainian servicepersons are informed about relevant IHL rules, and stressed that violations would lead to criminal responsibility. Human rights integrated into humanitarian and recovery plans The HRMMU provided technical support to the draft Recovery Plan for Ukraine, developed by the Cabinet of Ministers and the National Council on Ukraines Recovery from War, by assisting the drafting of the section on remedy and reparation of civilian victims of hostilities. HRMMU further advocated for the inclusion of human rights standards and the implementation of human rights protection mechanisms, such as strengthening the Ombudspersons Ofce, combatting discrimination, protecting national minorities, and promoting human rights education. HRMMU made recommendations on amending the criminal legislation on hate crimes, ensuring responsibility for hate speech; including sexual orientation and gender identity as prohibited ground for discrimination; amending the law on the Ombudsperson, concerning the selection process; adopting a law on national minorities after consultations with minorities representatives; and on remedy and reparation to civilian victims of the conflict. Owing in part to HRMMUs longstanding joint advocacy, the Parliament ratified the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) on 20 June 2022. The Convention, which entered into force on 1 November 2022, is considered a gold standard in the elimination of gender-based violence, violence against women, and domestic violence. In contributing to the process of amending the strategy, also with a view to implementing the Convention, UN proposed to the Ministry of Justice to establish an effective system of preventing and countering gender-based violence, exploitation, and human trafficking, as well as to ensure that victims of gender-based violence and various forms of human trafficking (including sexual, labour and other forms of exploitation) have access to effective means of protection, quality and comprehensive assistance. Endorsed by the Ministry of Justice, these recommendations are expected to be included as key outputs in the amended strategy. Furthermore, HRMMU also called for free-of-charge and accessible administrative procedures related to civil status registration for residents of territories occupied by the Russian Federation, including Crimea. The Mission also provided advice on the integration of a human rights-based approach in humanitarian response, and on the inclusion of persons in situations of vulnerability, including persons with disabilities and older persons. Finally, the Mission strengthened the integration of gender perspectives by advising humanitarian actors and coordination mechanisms and providing key information to and supporting the Humanitarian Needs Overview and the Humanitarian Response Plan. Continued support to Human Rights Strategy and Plan OHCHR/HRMMU continued to support the implementation of the National Human Rights Strategy and Action plan, adopted in 2021, which include a several provisions aligned with HRMMU recommendations and should increase the protection of the most vulnerable groups as well as ensure gender mainstreaming in all spheres of life. Following the Russias full-scale attack on Ukraine, HRMMU coordinated joint UN contributions to the amendment process of the Strategy, as well as on the Ministry of Justices analytical report on the implementation of the Strategy. Through these inputs HRMMU contributed to ensuring that the amended human rights strategy is fully aligned with international standards. Overall, the Ministry of Justice endorsed 19 recommendations proposed by the Working Group as amendments to the strategy, among others, reducing the number of people taken into custody by increasing the use of non-custodial preventive measures and minimizing the use of pre-trial detention; implementing a system of effective national legal remedies in connection with inadequate conditions of detention; establishment of a sufficient number of camps for prisoners of war; ensuring uninterrupted provision of services throughout the territory of Ukraine (application of online formats for the provision of services to those territories that are currently temporarily occupied); ensuring information accessibility of centres of free-legal aid (different formats, taking into account the various violations of persons with disabilities; ensuring equal access to the registration of the application for the recognition as refugee and person in need of complementary protection regardless of citizenship, term of stay and legal grounds of the stay in Ukraine.