HRC52 - vote on "Situation of human rights in Ukraine stemming from the Russian aggression" - 04 April 2023
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HRC 52 - Vote on Situation of Human Rights in Ukraine Stemming from the Russian Aggression - 04 April 2023

Teleprompter
Now we will move to the draught proposal L41 Ref one situation of human rights in Ukraine stemming from the Russian aggression.
And I would like to invite the delegation of Ukraine to introduce the text.
Ambassador, we have the floor.
Thank you.
Mr.
President, the delegation of Ukraine has the honour to present for consideration of the Human Rights Council Resolution L 41 situation of human rights in Ukraine stemming from the Russian aggression, which has been Co sponsored by 56 States.
I wish to thank all delegations and representatives of the civil society for their constructive engagement during the two rounds of the informal consultations on the draught.
The key objective of this resolution is to extend the mandate of the Commission of Enquiry on Ukraine so that it could continue it's important work in accordance with the mandate established by Resolution 49 slash 1.
Russia's aggression against Ukraine has been a blatant breach of the UN Charter and fundamental principles of international law, with the most severe human rights and humanitarian implications.
As the primary international human rights body, the Human Rights Council responded robustly to this human rights emergency by establishing an independent international Commission of inquiry, with the mandate of documenting all violations and reporting to the Council and to the UN General Assembly.
Mr.
President, throughout the year of its work, the Commission has found irrefutable and shocking evidence of gross and systematic human rights violations, as well as war crimes and crimes against humanity committed in Ukraine by Russia.
The most appalling of them is the forcible transfer and deportation of children to Russia for their re education and adoption.
The scope and brutality of Russia's atrocities in Ukraine are simply beyond any human comprehension.
We strongly believe that the continued work of the Commission in further investigating, documenting and reporting of human rights violations and international crimes committed against the people in Ukraine could save more innocent lives, could contribute to accountability for perpetrators and justice for victims.
Ukraine and the world want peace more than ever, but there is no peace without justice.
The resolution before us is an important step towards ensuring that peace and justice will prevail.
Ukraine looks forward to the consensus adoption of this important document.
I would like to call upon all members of the Council to to support this resolution, thus making their genuine and meaningful contribution to peace in Ukraine and justice for its people.
I thank you, thank you.
Now let me inform the Council that there are seven additional Co sponsors and now I'm opening the floor to the members of the Council wishing to make general comments.
Finland, you have the floor.
Mr.
President, I have the honour to speak on behalf of the EU Member States that are members of the Human Rights Council.
This general comment has been agreed by the EU as a whole.
The EU fully supports the renewal of the Commission of inquiry.
Collecting, preserving and analysing evidence is essential to ensure accountability for the atrocities in connection with Russia's aggression against Ukraine.
We commend Ukraine for the earnest way they conducted the negotiations.
You have made efforts to accommodate delegations from all continents and tabled a strong text that reflects the Commission's report.
The EU also commends Ukraine for taking ownership of the situation under very difficult circumstances, contrary to the Russian Federation, which continues to refuse access to the Commission and to respond to the Commission's invitation for dialogue and chose not to participate in the interactive dialogue nor in the informal consultations.
Meanwhile, Russia continues its invasion even though the consequences of its war of aggression are being felt all over the world.
To those who claim that this resolution leads to polarisation or that it is politicising human rights, we would like to emphasise once again that there's only one aggressor in this war.
It is Russia.
It is Russia that is blatantly violating the principles of sovereignty and territorial integrity and the prohibition against the use of force that are of the foundation of the United Nations.
By adopting this resolution that this Council would be upholding the UN Charter, not politicising it, to address situations of violations of human rights, including cross and systematic human rights violations and to make recommendations there on is an integral part of this Council's mandate.
For all these reasons, we call upon all Member States of this Council to adopt resolution L 41 by consensus.
In case of all this called, the EU will be voting yes and calls on others to do the same.
I thank you.
Thank you.
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Thank you, and the UK is the next.
Thank you very much, Mr.
President.
Let me start by thanking our Ukrainian friends and allies for their very careful and inclusive work on this draught resolution before us.
Over the last year, I have taken the floor in this room to deliver countless statements about the harrowing situation in Ukraine.
And hundreds more statements of condemnation, shock and indeed sheer incredulity have been made by others in this chamber.
Putin's war, and let us be in no doubt that this is a war of his choice and of his making, is causing untold damage to the lives of millions of people.
And not just, of course, in Ukraine.
Thousands of Ukrainian lives have been lost, bravely defending their homeland and in indiscriminate attacks that have destroyed schools, hospitals and homes.
Entire families have been ripped apart.
Children's innocence has been torn away from them.
Sadly, statements in this chamber won't end that suffering, nor they end the pointless barbarism of the Russian armed forces or their proxy mercenaries whose actions may amount to war crimes or crimes against humanity.
But this Council can ensure that the Commission of Inquiry, which it established just a year ago, continues its vital work.
Work that will document violations and identify perpetrators to prepare for future prosecutions.
Work that will provide hope to the victims, to the defenders of human rights, and to the millions of Ukrainians and indeed many Russians who look to us in this room to do the right thing.
That is why the United Kingdom will support the resolution before us, and why we encourage all our fellow members of this Council to support it too.
Thank you very much for the present.
Thank you.
And now I'm passing the floor to Germany.
Thank you, Mr.
President, Germany alliance itself with the EU statement, the report of the Independent International Commission of Enquiry leaves no room for doubt.
Russia is committing war crimes in Ukraine.
For 404 days, daily shelling, attacks on infrastructure in the depths of winter, loss of life and loved ones have become the grim reality for Ukrainians, as documented by the COI.
For 404 days, Ukrainian children have been deported and forcibly transferred by Russia, as documented by the COI.
There can be no doubt this is a war crime.
We welcome that the resolution pays special attention to the violations and abuses committed against children and stresses the need for the COI to further document these violations of international humanitarian and international human rights law, including of force transfers and deputations.
The abduction of children adds to the suffering of the Ukrainian people.
It is an attempt to steal Ukraine's future.
This will not work.
Perpetrators will be held accountable and justice will be served.
The UN **** Commissioner in this session has pointed out the global implications of the Russian war against Ukraine.
Particularly the most vulnerable countries are affected by a fuel, fossil and fuel crisis and the breach of the UN Charter and the most fundamental principles of international law concern all of us.
For all these reasons, we call for the consensual adoption of this resolution and we would very much regret if a delegation were to call for a vote.
It is absolutely vital that the human rights violations are documented in Ukraine.
In case of a vote, we call on all members of this Council to vote yes.
I thank you.
Thank you, France.
You have the floor.
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Thank you, and now let me invite Lithuania.
Thank you, Mr.
President, Lithuania alliance with the EU general comment and Lithuania thanks Ukraine for presenting the draught resolution L 41.
For more than 400 days, we are witnessing Russia's illegal and unprovoked war of aggression against Ukraine.
Despite of the immense suffering cost to the Ukrainian people and devastating consequences globally, Russia chooses to continue violating international human rights law and international humanitarian law, committing war crimes and possibly crimes against humanity in Ukraine and threatening all the international rules based order.
The world must know what is happening in Ukraine.
This is why, more than one year ago, the Human Rights Council established the independent International Commission of Inquiry and provided us with facts, objective and impartial, as Provo as supposed to Russia's deliberate disinformation and propaganda.
Ensuring full accountability for Russia's crime in Ukraine is the top priority.
We all have a moral and legal duty to identify perpetrators, hold them to account and ensure justice for victims and survivals.
The work of the Commission is crucial in that regard.
Therefore, Lithuania fully supports the renewal of the Commission's mandate.
We thank Ukraine for the inclusive and transparent process of informal consultations and for the efforts to accommodate the suggestions received.
It resulted in a strong text that accurately reflects the conclusions of Commission made so far.
Mr.
President, this Council is mandated to address situations of violations of human rights.
Strong support for this draught resolution will demonstrate Council's commitment to deliver on its main task.
For all these reasons, we call on members of the Human Rights Council to adopt the Resolution L 41 by consensus.
However, if the vote is called, Lithuania will vote yes and encourage others to do the same.
I thank you.
Thank you.
And the last speaker on my list is all R the United States of America.
Thank you.
Mr.
President.
Russia's full scale and unprovoked invasion of Ukraine is a clear violation of the UN Charter and has created a human rights tragedy.
Putin's war has caused dire humanitarian consequences in Ukraine, throughout Europe and around the world.
And the forcible transport, transfer and deportation of Ukraine's children is truly sickening.
The Human Rights Council took important action last March to create the Commission of Inquiry.
His work has already been critical to uncovering the true horrors of this war of choice, and it must continue to inform justice and accountability efforts.
Earlier this session, the Commission shared with us its conclusions that Russia's authorities have committed a wide range of violations and abuses of human rights and violations of international humanitarian law, and that many of these amount to war crimes, including willful killings, attacks on civilians, torture, ****, and the aforementioned forcible transfers and deportation of children.
The COI has identified deeply troubling patterns, found that actions of Russia's armed forces and authorities may amount to crimes against humanity, and shown a clear need for further investigations to uncover the full extent of abuses and atrocities.
The HRC must act resolutely again now, as it did a year ago, in creating the COI, so that the Commission can continue its important work.
We are proud to Co sponsor and work closely with the Ukrainian Mission and we urge all members of this Council to join.
Join us in voting yes on this resolution if it comes to a vote, which we certainly hope that it will not.
We thank Ukraine's delegation for leading this resolution and we are proud to Co sponsor along with countries from across the regions.
I thank you, thank you.
Is there another member of the council wishing to speak now?
It's not the case.
So we will proceed with the with the country concern and I'm passing for to the Russian Federation.
So let me ask the delegation of the Russian Federation, will you speak or not?
No, OK, so let me inform the Council that there are Pbis for this draught proposal and all the information were uploaded on the extra extranet.
So now we will proceed with the explanations of votes, before the votes and before the vote.
And I'm inviting those delegations actually wishing to make an AOV to ask for the floor.
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President.
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President, thank you.
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Thank you very much.
Thank you.
And the next member of the Council speaking is Eritrea.
Thank you.
Mr.
President, Eritrea expresses deep concern on the ongoing war in Ukraine and its devastating impact on human life.
Eritrea itself been a victim of several externally imposed hostilities standards with the innocent victims whose lives are caught up in the crossfire.
And they are.
They are countries condemned to a sacrificial lump for some perceived geopolitical interests.
The root causes of the conflict are long overdue and Eritrea wishes to see these causes addressed.
Mr.
President, the text before us unfortunately not only falls way short of adequately addressing the conflict under consideration, it might also set an unwelcome precedence.
Eritrea is of the view that the the Council should not pronounce itself on matters that the Security Council and other UN bodies had deliberated on and have thus far failed to agree on.
It is with this understanding that Eritrea join us a group of countries who who call vote on this draught resolution.
Eritrea will vote against the resolution and encourages other members of the Council to do the same.
I thank you, thank you, and now let me invite India.
Mr.
President, India continues to remain concerned over the situation in Ukraine.
The conflict has resulted in loss of lives and countless miseries for its people, particularly for women, children and elderly, with millions becoming homeless and forced to take shelter in neighbouring countries.
We reiterate our grave concerns about the reports of attacks on civilians and civilian infrastructure.
We have consistently adequated that no solution can ever be arrived at the cost of human lives.
In this context, a Prime Minister's statement that this cannot be an era of war bears reiteration.
Escalation of hostilities and violence is in no one's interest.
Instead, an urgent return to the path of dialogue and diplomacy is the way forward.
International principles and jurisprudence vest responsibility on parties to the conflict to ensure that civilians and civilian infrastructure are not targeted in situations of armed conflicts.
The global order that we all subscribe to is based on international law, the UN Charter and respect for the territorial integrity and sovereignty of all states.
This principles must be felt without any exception.
The Ukraine conflict has caused impact globally.
The conflict is exacerbating the concerns over food, fertilisers and fuel security, particularly in the developing countries.
It is necessary for all of us to appreciate the importance of equity, affordability and accessibility to this critical commodities for the global S.
On our part, we are providing humanitarian assistance to Ukraine and economic support to some of our neighbours in the global S under economic distress.
Mr.
President, we call for respect for and protection of human rights of people in Ukraine and reiterate an abiding commitment to global promotion and protection of human rights.
I thank you, Mr.
President, thank you, South Africa.
We have the floor.
Thank you, President.
As a country that places human rights at the very centre of its foreign policy, South Africa remains concerned about the situation of human rights in Ukraine.
The ongoing war continues to inflict pain and suffering on the innocent, in particular those most vulnerable, and its socio economic impact has a global reach, more especially on developing countries.
As such, South Africa stresses the need to uphold international law, including international humanitarian law and human rights law, as part of this process.
And in this year of the 75th anniversary of the Universal Declaration of Human Rights, which enjoins us to reaffirm faith in fundamental human rights, in the dignity and worth of human person, in the equal rights of men and women, and of nations large and small, we wish to take this opportunity to reiterate that both the purposes and principles of the UN Charter must be upheld.
Accordingly, and in keeping with the purposes and principles of the Charter, South Africa advocates for the need for all Member States to settle international disputes by peaceful means in such a manner that international peace and security and justice are not endangered.
Indeed, it is this approach that defines South Africa's identity as a nation, that of pricing dialogue in resolving conflict.
It is this approach that brought us back from the brink of despair, enabling us to embark on a peaceful transition process away from our shameful apartheid past in order to claim our rightful place in the family of nations as a as the proud democracy that we are today.
South Africa will therefore never tyre of advocating for decisions and actions that will provide for this dialogue, creating the conditions for a sustainable peace between the parties, more especially within the context of the United Nations, which was born in the words of the Charter, to save succeeding generations from the scourge of war.
We regrettably, Mr.
President, we believe that this resolution will not bring parties closer to securing this dialogue.
Rather than contributing to the resolution of the conflict, this resolution may serve to drive a deeper wedge between the parties.
South Africa will therefore vote to abstain on this matter.
I thank you for your attention.
Thank you.
And now I'm inviting Cuba gracias.
Senor, President.
Thank you, Sir.
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Is there another member of the Council asking for the floor at this point, since it is not the case?
Following the requests of delegations of China and Eritrea, the Council will now proceed to a recorded vote on draught Proposal L 41 Rep 1.
And I now ask the Secretary out to open the voting machine.
And I'm asking delegations to register their votes.
Please make sure that your votes are registered and recorded properly.
And now I'm asking the secretariat to close the voting machine and the voting is now closed.
The results of the recorded votes are as follows.
28 in favour, 2 against, 17 abstentions.
Draught Proposal L 41, Ref 1 is therefore adopted.
Copies of the results of the votes will shortly be uploaded on the extranet.