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Х. CONCLUSIONS AND RECOMMENDATIONS

CONCLUSIONS AND RECOMMENDATIONS
172.
While the Government of Ukraine has a legitimate re
sponsibility to restore law and order in
areas seized by armed groups, nevertheless, the sec
urity operation must at all times respect its
obligations under international law, including by u
pholding the principles of distinction,
proportionality and precautions in attack. It is u
rgent to find a peaceful solution to end the
violence in the eastern regions. This is the only
way to save lives and to avoid a large scale
humanitarian disaster. Effective control of the st
ate border between Ukraine and the Russian
Federation is a priority. Rule of law and the respe
ct for human rights should be ensured for all.
Accountability and curbing impunity are the basis f
or meaningful national reconciliation and
dialogue.
173.
The continued fighting coupled with the breakdown o
f law and order in the areas controlled
by the armed groups in the east will leave deep sca
rs on Ukrainians. Many residents, especially
children, who have been affected by this atmosphere
of fear and intimidation inflicted by the
armed groups and the prolonged fighting, may need p
sychological assistance to heal and rebuild
their lives. Many others, such as victims of tortur
e and former hostages, especially those held for
long periods, will also need to recover. In order t
o ensure accountability and an end to impunity,
all such grave human rights violations must be inve
stigated and the perpetrators brought to justice,
and remedies provided to victims. Only then will re
conciliation efforts be really successful and
sustainable.
174.
As highlighted in previous OHCHR reports, short-ter
m human rights concerns should be
addressed within the broader and longer term framew
ork that will see institutional reform and
enable change that will impact on the enjoyment of
all rights – civil, cultural, economic, political,
and social. OHCHR reiterates its firm call for need
ed human rights reforms to be part of the EU
aspirations of Ukraine and its reform agenda.
175.
The root causes of the current crisis were due to t
he systematic and structural curtailment of
basic human rights, especially the weaknesses of ru
le of law institutions and widespread
corruption. These were exacerbated by the alteratio
n of status of the Autonomous Republic of
Crimea and the city of Sevastopol, as well as the v
iolence and fighting in eastern Ukraine. The
way out of the current crisis in the east, to ensur
e reconciliation of communities through peaceful
and democratic means, will be through accountabilit
y for violations and the full respect and
guarantee of all human rights for all.
176.
All recommendations contained in the OHCHR reports
issued since 15 April 2014 remain
valid.
64
"On amendments to the Law of Ukraine "On ensuring
citizens’ rights and freedoms and legal regime on t
he
temporary occupied territory of Ukraine" re place o
f residence and the right to education” No. 4931 dd
. 12.08.2014.
32
177.
In addition, OHCHR calls upon all those involved to
implement the following
recommendations:
a)
Urgently put an end to fighting and violence in the
eastern regions of Ukraine.
b)
Ensure that the protection of civilians in the area
s of conflict is a priority: all those
involved in the hostilities in the affected areas o
f the east must comply with the
principles of distinction, proportionality and prec
aution. This is particularly important
in densely populated areas.
c)
Targeting civilians and civilian infrastructure are
violations of international
humanitarian law, and more must be done to protect
them; those who have committed
such crimes must be held accountable.
d)
Access to areas affected by the hostilities – inclu
ding the crash site of MH17 - must be
guaranteed for international organisations and inde
pendent investigators.
e)
The armed groups and the Ukrainian law enforcement
and security forces must allow
and facilitate rapid and unimpeded safe passage for
civilians wishing to flee the areas
of violence and fighting; as well as the delivery o
f humanitarian relief for the civilian
population, in strict compliance with international
norms and standards.
f)
Rule of law should replace the rule of the gun; jus
tice and accountability must replace
impunity for major human rights violations in the e
ast.
g)
In line with international norms and standards, all
those involved in detaining
individuals should promptly release all those abduc
ted and unlawfully or arbitrarily
detained.
h)
All violations of international law, including war
crimes, must be fully investigated;
perpetrators must be promptly brought to justice an
d victims provided with remedies
and reparations.
i)
A law on IDPs must be introduced and adopted by Par
liament and signed by the
President as soon as possible, as well as the estab
lishment of a central registry.
j)
Reprisals against people in territories regained by
the Ukrainian Government should
be avoided and the rights of those detained/charged
must be fully observed by the
Ukrainian armed forces and law enforcement agencies
.
k)
In the cases of the violence at Maidan, Odesa, Mari
upol and Rymarska, investigations
must be in full compliance with international norms
and standards, guaranteeing
justice for the perpetrators, and ensuring remedies
for the victims.
l)
All manifestations of incitement to hatred and into
lerance in public life must be
publicly condemned.
m)
Legislative reforms should comply with internationa
l norms and standards and
Ukraine’s obligations under human rights treaties.
178.
To the authorities in Crimea and the de facto gover
ning authority of the Russian Federation:
n)
OHCHR reiterates the need to implement UN General A
ssembly resolution 68/262,
entitled “Territorial integrity of Ukraine”, as wel
l as to undertake measures to protect
the rights of persons affected by the changing inst
itutional and legal framework,
including on issues related to citizenship, right o
f residence, labour rights, property
and land rights, access to health and education.
o)
In addition, OHCHR recalls the earlier 17 recommend
ations from the previous four
reports and urges their prompt and effective implem
entation.
Для сравнения http://ru.euronews.com/newswires/2663142-newswire/

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