As delivered by the Delegation of Ukraine to the 1119th meeting of the Permanent
Council, 17 November
2016
Mr.
Chairman,
On 15 November the Third Committee of the UN General
Assembly adopted a Resolution “Situation of human rights in the Autonomous
Republic of Crimea and the city of Sevastopol (Ukraine)”. We would like to
thank all our partners for consistency in seeking protection of human rights
and fundamental freedoms in the Crimean peninsula, illegally occupied by the
Russian Federation.
Reiterating the concerns, regularly voiced in this
hall, the UN Member States condemned serious violations and abuses committed
against residents of temporarily occupied Crimea by the Russian occupation
authorities and urged the Russian Federation to uphold all of its obligations
under applicable international law as an occupying power. Russia is urged, in
particular, to immediately release Ukrainian citizens who were unlawfully
detained and judged in the absence of elementary standards of justice, to
revoke the decision declaring the Mejlis of the Crimean Tatar People an
extremist organization and banning its activities.
The deep concerns of the international community are
well justified against the backdrop of numerous facts of the policy of
repressions and intimidations, which remains the main tool of the Russian
occupation authorities. Last week the Delegation of Ukraine informed the
Permanent Council about yet another provocation regarding the detention of the
so-called “Ukrainian subversive group” in occupied Sevastopol on 9 November.
This time the FSB assigned the role of “subversive agents” to experts from the
Nomos Center, a strategic research NGO, which functioned in 2003-2014 in
Sevastopol. Both are well-known in the expert community, dealing with security
studies in the Black Sea region, published their works in the media. The third
detained person was years ago a serviceman in the Ukrainian Navy. Lawyers have
not yet been allowed to the detainees. The so-called “confession” of the
detained Ukrainians was most obviously extorted, given the visible signs of
physical influence. We reiterate our call on Russia to stop detaining Ukrainian
citizens as hostages for blackmailing Ukraine and immediately release those who
have already been illegally detained.
The position of the international community is strong
and clear on inadmissibility of human rights violations in the occupied Crimea.
We urge the Russian Federation to halt repressions and all human rights
violations on the peninsula and to allow free and unconditional access for
permanent international monitoring in Crimea.
Distinguished
colleagues,
Meanwhile, the developments in Donbas are marked by
worrisome backsliding in the de-escalation process, contrary to our
expectations in early September and after the Normandy Summit.
While the Ukrainian forces remain committed to the
Minsk provisions on de-escalation, resorting to fire only in response to grave
risks to life, the combined Russian-separatist forces persist in their armed
provocations with intensive use of heavy weapons. As a result, 3 soldiers lost
their lives and 10 got wounded between 10-14 November. Civilians are also among
the victims of the shellings by the Russian hybrid forces, as reported by the
SMM.
The growing toll of casualties points to the urgent
need to put an end to the security degradation. The way forward can only be
full and good-faith implementation of the security provisions of the Minsk
agreements. We reiterate that Russia’s attempts to link conditionality to
stopping the cease-fire violations contravene the Minsk agreements and increase
the sufferings of the local population.
Ukraine attaches particular importance to the
implementation of the disengagement initiative, which would serve de-escalation
and help improve the humanitarian situation. We hope that our efforts, aimed at
opening the entry-exit checkpoint in Zolote, due on 23 November, will bring
results. The OSCE SMM reported on the preparatory work by the Ukrainian forces,
which is now underway.
At the same time, we note with concern the absence of
positive developments in Stanytsya Luhanska, where the disengagement process
cannot be launched due to regular ceasefire violations by the combined
Russian-separatist forces. In its report of 14 November the SMM again
registered fresh impacts near the Ukrainian positions in Stanytsya Luhanska. We
reiterate our call on the Russian Federation to deliver on its commitments
under the Framework Decision of 21 September in order to establish the
necessary prerequisites for disengagement in this agreed area.
Mr.Chairman,
We find it deeply worrying and unacceptable that the
SMM continues to experience problems with its freedom of movement and access in
the occupied areas of Donbas. Our particular concerns stem from the fact that
such impediments are often linked to the attempts to conceal the concentration
of forces and presence of the heavy weapons in the vicinity of the contact
line. In particular, it is by no means a coincidence that on 1 November 2016
the OSCE monitors were denied access to the electromechanical plant in occupied
Kadiyivka to check allegations of the presence of weapons, and several days
later the SMM in this town heard outgoing MRLS missiles.
We reiterate that such restrictions breach the agreed
mandate of the SMM and its ability to report objectively on the situation,
affecting the scope and substance of the reporting. We urge Russia together
with its proxies on the ground to deliver on the commitment on the SMM’s full
freedom of movement, including in the border areas. Intimidation of the
monitors, as the one near Donetsk last week, must stop.
For now the SMM is able to carry out only limited
monitoring in the border areas. As pointed out in the weekly report of 9
November, the duration of visits to the border crossing points in areas outside
government control is limited to 25-45 minutes only. It is very far from
permanent monitoring and verification at the border.
The Russian Federation has failed so far to explain
how vehicles with the so-called “LPR” and “DPR” license plates enter its territory.
The latest fact was registered by the SMM at Voznesenivka BCP and included to
its report of 14 November. Such crossings are a flagrant violation of the
sovereignty and territorial integrity of Ukraine and we reiterate our call on
the Russian delegation to present explanations.
The problem of the uncontrolled border continues to be
major obstacle to conflict resolution as the weaponry and other reinforcements
continue to arrive from the territory of the Russian Federation to the occupied
part of Donbas. Yesterday in the FSC meeting the Delegation of Ukraine made a
presentation of additional evidence of Russia-produced and Russia-supplied
weapons in the occupied areas of Donbas. Moreover, the Russian Federation
violates the Ukrainian borders to support its hybrid forces by launching the
UAVs for reconnaissance flights over the Ukrainian territory. For instance, on
6 November, the Russian UAV “Orlan-10”, a model known to the OSCE from SMM
reports, was shot down over the Azov coastline village of Melekino, Donetsk
oblast. Deciphering of the UAV’s data showed that the drone was launched from
the territory near the Russian city of Yeysk, Rostov oblast, and was used for
reconnaissance over the Ukrainian territory for at least four times between 20
August and 6 November, in particular in the periods of attacks on Ukrainian
positions by the Russian hybrid forces.
It remains critically important therefore to implement
an agreed Minsk provision on establishment of a security zone in border areas of Ukraine and Russia,
with the OSCE permanent monitoring and verification at the border. It is
necessary to establish without delay SMM Forward Patrol Bases and patrol hubs
close to the border in order to ensure due monitoring of uncontrolled sections
of the border and adjacent areas, including BCPs and transport routes.
Distinguished
colleagues,
Last Tuesday the International Criminal Court issued
the 2016 Report on Preliminary Examination Activities, which contains a
specific part, dedicated to the events in Crimea and Donbas since 2014. Based
on factual and legal analysis, the Report assesses the situation within the
territory of Crimea and Sevastopol as amounting to an international armed
conflict between Ukraine and the Russian Federation. It points out that the law
of international armed conflict would continue to apply after 18 March 2014 to
the extent that the situation within the territory of Crimea and Sevastopol
factually amounts to an on-going state of occupation.
In connection with the conflict in the Donbas region,
the Report points to direct military engagement between Russian armed forces
and Ukrainian government forces that would suggest the existence of an
international armed conflict in the context of armed hostilities in eastern
Ukraine.
We took note of Russia’s hasty revocation yesterday of
its signature under the Rome Statute and the Kremlin’s comment that the
mentioned ICC Report contradicts Russia’s position. This position about the so
called “internal conflict” was again repeated today by the Russian delegation.
In this regard we emphasise for the Russian delegation that the ICC is not
there to examine political narratives and positions, but thoroughly examine and
analyze facts and evidence. It is important to make sure that individuals
responsible for armed aggression against a peaceful sovereign state, for grave
breach of international law and massive human sufferings are taken to account.
We urge Russia to restore its respect for the norms of
international law and the OSCE principles and commitments, to halt its
aggression against Ukraine and reverse the illegal occupation of the Autonomous
Republic of Crimea and the city of Sevastopol.
Thank you, Mr.Chairman.
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