implementation open to state institutions, civil society and having the combined support of
the UN, regional organisations and the international community.
329. Recommendations have been made below on Crimea to both the authorities in Crimea and
the Russian Federation, which exercises de facto control over the peninsula. With the
negative impact of the current situation, including the legal uncertainty, on the full
enjoyment of human rights by the residents of Crimea, the HRMMU is advocating for the
legal framework of Ukraine to remain in force, considering the adverse human rights
impact of legislative changes imposed and also bearing in mind UN General Assembly
resolution 68/262.
330. The recommendations should be read in conjunction with - and seen as complimentary to –
those outlined in the OHCHR reports on the human rights situation in Ukraine, issued on
15 April and 16 May 2014, which have not yet been fully implemented.
331. The HRMMU takes note of the joint report by the OSCE Office for Democratic Institutions
and Human Rights and the OSCE High Commissioner on National Minorities issued on 12
May 2014, and calls upon all relevant parties to implement its recommendations.
To the Government of Ukraine and other stakeholders
a)
There should be constitutional inclusive and meaningful consultations with all political
parties, regardless of their ideology, as well as representatives of civil society and
minority (national and ethnic, linguistic, religious and other) groups and indigenous
peoples in order to embrace all components of society, including women in the dialogue
for the new constitution, which will reflect the new reality of the country with a fullfledged system of checks and balances. The peaceful population of the east should
participate in these consultations.
b)
As a representative body of the country, the Parliament should reflect the new political
and social reality of the country; therefore there is a need for new parliamentary
elections.
c)
All armed groups must immediately put an end to their violent activities and lay down
their arms.
d)
The Government must ensure that its armed forces refrain from using excessive force,
and ensure that its ongoing security operations are at all times in line with the relevant
international standards applicable to different types of operations. In all circumstances,
it must ensure the protection of those who are not involved in the fighting.
e)
All people detained in the context of the security operations should be treated in line
with international norms and standards and guaranteed their human rights under the
International Covenant on Civil and Political Rights and other applicable bodies of
international law. In order to protect its security personnel and persons not involved in
the fighting, the Government should consider providing assurances that acts of
abduction and detention by armed groups will not be prosecuted provided that they do
not target people not involved in the fighting and the victims are treated humanely at all
times.
128 | P a g e
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