A/HRC/44/21
VII. Conclusions and recommendations
50.
In line with General Assembly resolution 74/168, I have taken all steps
necessary to ensure the full and effective coordination of all United Nations bodies
with regard to the implementation of that resolution. This has included the gathering
and reporting of relevant information by OHCHR.
51.
I actively continued to seek ways and means to ensure safe and unfettered
access to Crimea by established regional and international human rights monitoring
mechanisms, in particular the human rights monitoring mission in Ukraine, to enable
them to carry out their mandate. This included consultations with OHCHR and
engagement with relevant regional organizations and Member States, including the
Russian Federation, as well as Ukraine.
52.
In addition, in line with General Assembly resolution 74/168, I continued to
seek opportunities to engage my good offices and pursue my discussions relating to
Crimea, involving all relevant stakeholders and including the concerns addressed in
the resolution. Specifically, the Secretariat and relevant departments, offices and
agencies of the United Nations continued to actively engage the Russian Federation, as
well as Ukraine, on the issue of access to Crimea and concerning the human rights
situation in Crimea. Furthermore, during its briefings to the Security Council on
developments in Ukraine, the Secretariat continued to refer to developments in and
around Crimea, as appropriate, consistently reaffirming the commitment of the
United Nations to the sovereignty, independence and territorial integrity of Ukraine,
within its internationally recognized borders, in accordance with relevant General
Assembly and Security Council resolutions.
53.
Regrettably, despite those efforts, and despite the willingness of the Russian
Federation and Ukraine to discuss the issue with the United Nations, it was still not
possible to find a mutually acceptable formula to ensure access by OHCHR to Crimea
during the reporting period. Such access is essential to ensure first-hand monitoring
and reporting on the human rights situation in Crimea. I urge the Russian Federation,
as well as Ukraine, to make all efforts to ensure unfettered access by OHCHR and
other relevant United Nations entities to Crimea to enable the effective
implementation of the relevant General Assembly resolutions. I will therefore
continue to seek opportunities and identify practical avenues to ensure access to
Crimea by OHCHR and other relevant United Nations entities.
54.
In line with General Assembly resolution 74/168, I urge the Government of the
Russian Federation, as well as the Government of Ukraine, to implement the detailed
options and specific recommendations formulated by OHCHR and listed in its
previous reports. This includes facilitating the granting of unimpeded access to
Crimea for international and regional human rights monitoring mechanisms,
pursuant to General Assembly resolutions 71/205, 72/190, 73/263 and 74/168.
55.
I urge the Government of the Russian Federation to uphold its obligations
under international human rights law in Crimea and to respect obligations that apply
to it pursuant to international humanitarian law. I also urge the Government of the
Russian Federation to ensure the proper and unimpeded access of international
human rights monitoring missions and human rights non-governmental organizations
to Crimea, pursuant to General Assembly resolutions 71/205, 72/190, 73/263 and
74/168, and to ensure unimpeded freedom of movement between Crimea and other
parts of Ukraine. It is equally essential to comply fully with the absolute prohibition of
torture and to ensure prompt, independent, impartial, thorough and effective
investigation of all allegations of ill-treatment, torture and enforced disappearances in
Crimea, and to ensure that the rights to freedom of expression and to hold opinions,
the right to peaceful assembly and freedoms of association, thought, conscience and
religion can be exercised by all individuals and groups in Crimea, without
discrimination on any grounds. The authorities of the Russian Federation are called
upon to ensure that persons deprived of their liberty benefit from all legal guarantees
and to lift restrictions imposed on the Crimean Tatar community to conserve its
representative institutions, including the ban on the Mejlis. In addition, the authorities
of the Russian Federation need to ensure the availability of education in the Ukrainian
language, which remains a concern. Other recommended measures include ending the
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