A/HRC/43/CRP.5
108. In Crimea, the Russian Federation continued to violate international humanitarian
and human rights law, contrary to its obligations as an occupying Power. OHCHR should
be provided unimpeded access to the peninsula in line with relevant General Assembly
resolutions in order to monitor the human rights situation.
109. During the reporting period, the Government of Ukraine has organized a number of
high level events on transitional justice. The President has indicated that transitional justice
is an important question for Ukraine, for reconciliation and social cohesion. OHCHR
remains ready to provide assistance in this regard, and with the implementation of
recommendations made here and in past reports to improve the human rights situation in
Ukraine.
110. On the basis of its findings over the current reporting period, OHCHR recommends
the following:
111.
To the Ukrainian authorities:
To the Parliament and the Cabinet of Ministers:
Develop and adopt a comprehensive state policy of remedy and
reparation for civilians injured during the hostilities and to relatives of those killed in
hostilities, in accordance with international standards;
develop and adopt a comprehensive mechanism, including an
administrative procedure, for restitution of property and compensation for damage to
civilian property in the armed conflict in eastern Ukraine;
develop and adopt a non-discriminatory and accessible mechanism for
compensation for property which is in military use, including keeping records of such
use;
de-link access to pensions from IDP registration and create a mechanism
for the payment of pensions accumulated in arrears;
allocate sufficient budget to local authorities to provide safe and
adequate housing to the conflict-affected population;
establish an administrative procedure for registration of births and
deaths occurring in territory controlled by self-proclaimed “republics” and in Crimea
that is practical and responsive to the circumstances of families living there;
address the gap in national legislation on language policy to ensure
effective protection and realisation of rights of national minorities and indigenous
peoples;
ensure swift and full implementation of the law ‘On the legal status of
missing persons’, in particular by providing sufficient resources for effective
realisation of the mandate of the Commission on Missing Persons due to Special
Circumstances.
To the Ministry of Justice:
Ensure effective representation of defendants in conflict-related criminal
cases by legal aid lawyers.
To State and local authorities:
systematically and publicly condemn acts of violence committed based on
race, sex, religion, language, national or ethnic origin, political or social opinion,
sexual orientation, gender identity, or place of residence or any other grounds of
discrimination prohibited under international human rights standards.
To the Command of the Joint Forces Operations:
ensure that military representatives conclude lease agreements with the
civilian population when using their property, including payment of utility bills and
provision of compensation to the owners and tenants for any damages caused by
military personnel;
31
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