A/RES/78/221 GA

United Nations A/RES/78/221 General Assembly Distr.: General 22 December 2023 23-25992 (E) 100124 *2325992* Seventy-eighth session Agenda item 71 (c) Promotion and protection of human rights: human rights situations and reports of special rapporteurs and representatives Resolution adopted by the General Assembly on 19 December 2023 [on the report of the Third Committee (A/78/481/Add.3, para. 33)] 78/221. Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and recalling the Universal Declaration of Human Rights, 1 international human rights treaties and other relevant international instruments and declarations, Recalling the International Convention on the Elimination of All Forms of Racial Discrimination,2 the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 3 the International Covenant on Civil and Political Rights,4 the Convention on the Rights of the Child5 and the Convention on the Rights of Persons with Disabilities,6 as well as the United Nations Declaration on the Rights of Indigenous Peoples,7 Recalling also the Geneva Conventions of 12 August 1949 8 and Additional Protocol I thereto, of 1977,9 as applicable, as well as relevant customary international law, __________________ 1 Resolution 217 A (III). 2 United Nations, Treaty Series, vol. 660, No. 9464. 3 Ibid., vol. 1465, No. 24841. 4 See resolution 2200 A (XXI), annex. 5 United Nations, Treaty Series, vol. 1577, No. 27531. 6 Ibid., vol. 2515, No. 44910. 7 Resolution 61/295, annex. 8 United Nations, Treaty Series, vol. 75, Nos. 970–973. 9 Ibid., vol. 1125, No. 17512. A/RES/78/221 Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol 23-25992 2/14 Confirming the primary responsibility of States to respect, protect and fulfil human rights, Reaffirming the responsibility of States to respect international law, including the principle that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State and from acting in any other manner inconsistent with the purposes of the United Nations, recalling its resolution 2625 (XXV) of 24 October 1970, in which it approved the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, and reaffirming the principles contained therein, Recalling its resolution 3314 (XXIX) of 14 December 1974, entitled “Definition of aggression”, in which it states that no territorial acquisition or special advantage resulting from aggression is or shall be recognized as lawful, Recalling also its resolution 68/262 of 27 March 2014 on the territorial integrity of Ukraine, in which it affirmed its commitment to the sovereignty, political independence, unity and territorial integrity of Ukraine within its internationally recognized borders and called upon all States, international organizations and specialized agencies not to recognize any alteration to the status of the Autonomous Republic of Crimea and the city of Sevastopol and to refrain from any action or dealing that might be interpreted as recognizing any such altered status, Recalling further its resolution ES-11/4 of 12 October 2022, entitled “Territorial integrity of Ukraine: defending the principles of the Charter of the United Nations”, Recalling its resolutions 71/205 of 19 December 2016, 72/190 of 19 December 2017, 73/263 of 22 December 2018, 74/168 of 18 December 2019, 75/192 of 16 December 2020, 76/179 of 16 December 2021 and 77/229 of 15 December 2022 on the situation of human rights in the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, its resolutions 73/194 of 17 December 2018, 74/17 of 9 December 2019, 75/29 of 7 December 2020 and 76/70 of 9 December 2021 on the problem of the militarization of the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, as well as parts of the Black Sea and the Sea of Azov, and relevant decisions of international organizations, specialized agencies and bodies within the United Nations system, Recalling also its resolutions ES-11/1 of 2 March 2022 on the aggression against Ukraine, ES-11/2 of 24 March 2022 on the humanitarian consequences of the aggression against Ukraine and ES-11/6 of 23 February 2023 on the principles of the Charter of the United Nations underlying a comprehensive, just and lasting peace in Ukraine, and Human Rights Council resolutions 49/1 of 4 March 202210 and 52/32 of 4 April 202311 on the situation of human rights in Ukraine stemming from the Russian aggression and S-34/1 of 12 May 2022 on the deteriorating human rights situation in Ukraine stemming from the Russian aggression,12 Gravely concerned that the provisions of these resolutions and relevant decisions of international organizations, specialized agencies and bodies within the United Nations system have not been implemented by the Russian Federation, Condemning the ongoing temporary control or occupation by the Russian Federation of part of the territory of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol (hereinafter “Crimea”), and certain areas of the __________________ 10 See Official Records of the General Assembly, Seventy-seventh Session, Supplement No. 53 (A/77/53), chap. VI, sect. A. 11 Ibid., Seventy-eighth Session, Supplement No. 53 (A/78/53), chap. V, sect. A. 12 Ibid., Seventy-seventh Session, Supplement No. 53 (A/77/53), chap. VII. Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol A/RES/78/221 3/14 23-25992 Kherson, Zaporizhzhia, Donetsk and Luhansk regions (hereinafter “temporarily controlled or occupied territories of Ukraine”), and reaffirming the non-recognition of its annexation, Condemning also the unprovoked aggression against Ukraine by the Russian Federation in violation of Article 2 (4) of the Charter, and the use of Crimea for this aim and to support the attempted illegal annexation of the Kherson, Zaporizhzhia, Donetsk and Luhansk regions, Supporting the commitment by Ukraine to adhering to international law in its efforts to put an end to the temporary Russian occupation of Crimea, and welcoming the commitments by Ukraine to respecting, protecting and fulfilling the human rights and fundamental freedoms of all persons, including Indigenous Peoples, and its cooperation with human rights treaty bodies and international institutions, Recalling that organs and officials of the Russian Federation established in the temporarily occupied territories of Ukraine are illegitimate and should be referred to as “occupying authorities of the Russian Federation”, Concerned that applicable international human rights obligations and treaties, to which Ukraine is a party, are not upheld by the occupying Power, thus significantly decreasing the ability of residents of the temporarily controlled or occupied territories of Ukraine to exercise their human rights and fundamental freedoms, Reaffirming the obligation of States to ensure that persons belonging to national or ethnic, religious and linguistic minorities, and Indigenous Peoples may exercise fully and effectively all human rights and fundamental freedoms without any discrimination and in full equality before the law, Welcoming the reports of the Office of the United Nations High Commissioner for Human Rights on the human rights situation in Ukraine, of the Commissioner for Human Rights of the Council of Europe and of the missions of experts under the Moscow Mechanism of the Organization for Security and Cooperation in Europe, in which they stated that violations and abuses of human rights continued to take place in Ukrainian territory affected by aggression by the Russian Federation, Welcoming also the reports of the Office of the United Nations High Commissioner for Human Rights on the situation of human rights in the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, submitted pursuant to resolutions 71/205 13 and 72/190, 14 and the reports of the Secretary-General submitted pursuant to resolutions 73/263, 15 74/168, 16 75/192, 17 76/17918 and 77/229,19 and the reports of 18 October 2022,20 15 March 202321 and 19 October 2023 22 of the Independent International Commission of Inquiry on Ukraine pursuant to Human Rights Council resolution 49/1, Condemning the imposition and retroactive application of the legal system of the Russian Federation, and its negative impact on the human rights situation in the temporarily controlled or occupied territories of Ukraine, the imposition of automatic citizenship of the Russian Federation on protected persons, which is contrary to __________________ 13 See A/72/498. 14 See A/73/404. 15 A/74/276. 16 A/75/334 and A/HRC/44/21. 17 A/76/260 and A/HRC/47/58. 18 A/77/220 and A/HRC/50/65. 19 A/78/340 and A/HRC/53/64. 20 A/77/533. 21 A/HRC/52/62. 22 A/78/540. A/RES/78/221 Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol 23-25992 4/14 international humanitarian law, including the Geneva Conventions and customary international law, and the deportation, regressive effects on the enjoyment of human rights and effective restriction of land ownership of those who have rejected that citizenship, Deeply concerned about continued reports that the law enforcement system of the Russian Federation conducts searches and raids of private homes, businesses and meeting places in the temporarily controlled or occupied territories of Ukraine, which disproportionally affect Crimean Tatars, and recalling that the International Covenant on Civil and Political Rights prohibits arbitrary or unlawful interference with a person’s privacy, family, home or correspondence, Gravely concerned that, since 2014, torture has reportedly been used by the Russian authorities, and expressing deep concern about the ongoing reports of arbitrary detentions, arrests and sentencing by the Russian Federation of Ukrainian citizens and citizens of other countries, in particular for statements and actions in opposition to the aggression by the Russian Federation against Ukraine, including Emir-Usein Kuku, Halyna Dovhopola, Server Mustafayev, Vladyslav Yesypenko, Nariman Dzhelyal, Asan and Aziz Akhmetov, Iryna Danilovych, Bohdan Ziza, Enver Krosh, Vilen Temeryanov, Mariano García Calatayud and many others, Deeply concerned about the serious continued restrictions on the right to freedom of movement of persons who have been previously arbitrarily detained and served sentences on politically motivated criminal charges, Gravely concerned that the temporary control or occupation continues to affect the enjoyment of social, cultural and economic rights by residents, including children, women, older persons, persons with disabilities and other persons in vulnerable and marginalized situations, Condemning the reported serious violations of international humanitarian law and violations and abuses of human rights committed against residents of the temporarily controlled or occupied territories of Ukraine, in particular extrajudicial killings, abductions, enforced disappearances, politically motivated prosecutions, discrimination, harassment, intimidation, violence, including sexual and gender- based violence, mass searches and raids, arbitrary detentions and arrests, torture and ill-treatment, in particular to extract confessions, subjecting detainees to special security regimes and involuntary placement in psychiatric institutions, as well as deplorable treatment and conditions in detention, and the forcible transfer or deportation of protected persons to the Russian Federation, as well as reported abuses of other fundamental freedoms, including the freedoms of expression, religion or belief and association and the right to peaceful assembly, Seriously concerned about reports of arbitrary detention and the taking of civilian hostages by the Russian Federation in the temporarily controlled or occupied territories of Ukraine, which is strictly prohibited under international law, Deeply concerned about restrictions faced by Ukrainians, including Indigenous Peoples of Crimea, in particular the Crimean Tatars, in exercising their economic, social and cultural rights, including the right to work and education, as well as the ability to maintain their identity and culture and to education in the Ukrainian and Crimean Tatar languages, Condemning the reported destructions of cultural and natural heritage, illegal archaeological excavations and transfer of cultural property, discrimination of persons belonging to religious minorities and repression of religious traditions, thereby diminishing Ukrainian and Crimean Tatar culture in the ethnocultural landscape of the temporarily controlled or occupied territories of Ukraine, Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol A/RES/78/221 5/14 23-25992 Expressing concern about the militarization and assimilation of young people in the temporarily controlled or occupied territories of Ukraine by the Russian Federation, including combat training of children for military service in the Russian armed forces as well as the introduction of the “military-patriotic” education system, and its blocking of access to Ukrainian education, Condemning the incitement of hatred against Ukraine and Ukrainians as well as the dissemination of disinformation justifying the war of aggression against Ukraine by the Russian Federation, including through the education system, Gravely concerned by the above-mentioned policies and practices of the Russian Federation, which cause a continuing threat and have caused a large number of Ukrainians to flee from the temporarily controlled or occupied territories of Ukraine, Recalling that individual or mass forcible transfers and deportations of protected persons from occupied territory to the territory of the occupying Power, or to that of any other country, occupied or not, and the deportation or transfer by an occupying Power of parts of its own civilian population into the territory that it occupies, are prohibited under international humanitarian law, and may amount to war crimes or crimes against humanity, Deeply concerned by consistent reports that the Russian Federation promotes policies and conducts practices aimed at changing the demographic, including ethnic, structure in the temporarily controlled or occupied territories of Ukraine, Concerned about the negative effects on the full and effective enjoyment of human rights by residents of the temporarily controlled or occupied territories of Ukraine, in particular in Crimea, resulting from disruptive activities of the occupying Power, including the expropriation of land, demolition of houses and depletion of natural and agricultural resources, Reaffirming the right of return of all internally displaced persons and refugees affected by the temporary occupation by the Russian Federation to their homes in Ukraine, Reaffirming its serious concern that, according to the decision of the so-called “Supreme Court of Crimea” of 26 April 2016 and the decision of the Supreme Court of the Russian Federation of 29 September 2016, the Mejlis of the Crimean Tatar People, the self-governing body of the Indigenous People of Crimea – the Crimean Tatars, continues to be declared an extremist organization and the ban on its activities has still not been repealed, and that the persecution of the leaders of the Mejlis of the Crimean Tatar People continues, Condemning the ongoing pressure exerted upon persons belonging to religious minorities and their communities, including through frequent police raids, demolition of and eviction from buildings dedicated to religion, undue registration requirements that have affected legal status and property rights and threats against and persecution of those belonging to the Orthodox Church of Ukraine, Protestant churches, Muslim religious communities, Greek Catholics, Roman Catholics and Jehovah’s Witnesses, and condemning also the baseless prosecution of dozens of peaceful Muslims for allegedly belonging to extremist organizations, Gravely concerned about the constant use of military courts, including those located on the territory of the Russian Federation, to try civilian residents of the temporarily controlled or occupied territories of Ukraine and the failure of the occupying Power to respect fair trial standards, Condemning the continuous widespread misuse of counter-terrorism and anti-extremism laws to suppress dissent, including through enforcing new Russian A/RES/78/221 Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol 23-25992 6/14 legislation with the intent to dissuade the residents of the temporarily controlled or occupied territories of Ukraine from peaceful protests, in accordance with their rights to freedom of expression and political opinion, following and during the unprovoked Russian war of aggression against Ukraine, Strongly condemning, in this regard, the ongoing pressure and mass detentions on terrorism, extremism and espionage grounds and other forms of repression against journalists and other media workers, human rights defenders and civil rights activists, including against activists of the Crimean Solidarity civic initiative, which documents violations and provides humanitarian assistance to the families of victims of politically motivated prosecutions, Recalling the order of the International Court of Justice of 19 April 2017 on provisional measures in the case concerning the Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation),23 Recalling also the order of the International Court of Justice of 16 March 2022 on provisional measures in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation),24 Recalling further the prohibition under the Geneva Conventions of 12 August 1949 for the occupying Power to compel protected persons to serve in its armed or auxiliary forces, including medical staff, and strongly condemning the ongoing forced conscription and mobilization to the armed forces of the Russian Federation in the temporarily controlled or occupied territories of Ukraine against the backdrop of the unprovoked aggression against Ukraine, Recalling that the safety of journalists, other media workers and a free press, or other media, are essential for the realization of the rights to freedom of expression and freedom to seek, receive and impart information and the enjoyment of other human rights and fundamental freedoms, concerned about reports that journalists, media workers and citizen journalists continue to face unjustified interference with their reporting activities in the temporarily controlled or occupied territories of Ukraine, and expressing deep concern that journalists, media workers and citizen journalists have been arbitrarily arrested, detained, prosecuted, harassed and intimidated as a direct result of their reporting activities, in particular for covering developments in the temporarily controlled or occupied territories of Ukraine as well as the unprovoked Russian war of aggression against Ukraine, Condemning the blocking by the Russian Federation of Ukrainian websites and television channels and the seizure of Ukrainian transmission frequencies in the temporarily controlled or occupied territories of Ukraine, as well as the use of mass media controlled by the occupying Power to incite hatred against Ukrainians, the Orthodox Church of Ukraine, Crimean Tatars, Muslims, Jehovah’s Witnesses and activists and to call for atrocities against Ukrainians, Gravely concerned by the documented cases in which the Federal Security Service of the Russian Federation allegedly tortured or ill-treated Ukrainian citizens following their arrests, including by using beatings, electric shocks and suffocation against victims, __________________ 23 See Official Records of the General Assembly, Seventy-second Session, Supplement No. 4 (A/72/4), chap. V, sect. A. 24 Ibid., Seventy-seventh Session, Supplement No. 4 (A/77/4), chap. V. Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol A/RES/78/221 7/14 23-25992 Reiterating its concern regarding military use of the temporarily controlled or occupied territories of Ukraine and their infrastructure, including civilian, in the unprovoked full-scale aggression by the Russian Federation against Ukraine, which entails considerable long-term negative environmental consequences in the region, impacting civilians’ enjoyment of their human rights, Recalling that the Russian Federation bears legal responsibility as the occupying Power for the occupied territory, and deploring the destruction of the Kakhovka hydroelectric power plant, which has had catastrophic long-term humanitarian, economic, agricultural and environmental consequences in the region, and severely impacts civilians’ enjoyment of their human rights, and also strongly condemning the refusal of the request of the United Nations for humanitarian access across the Dnipro River to the affected residents in the areas under the temporary control of the Russian Federation, Condemning the persistent violent actions of the Russian Federation at the Zaporizhzhia nuclear power plant, including forceful seizure of control of the site, the restrictions on Ukrainian operating personnel in violation of their human rights, the placing of anti-personnel mines in some areas around the site, and other violent actions in connection with the ongoing presence of Russian military and Rosatom personnel at the site, which continue to pose serious and direct threats to the safety and security of this nuclear facility and its civilian personnel, thereby significantly raising the risk of a nuclear accident or incident, which endangers the population of Ukraine, neighbouring States and the international community, Condemning also the continuous use of the temporarily controlled or occupied territories of Ukraine for missile and drone strikes across Ukraine, causing numerous civilian casualties and impacting civilian objects, including deliberate attacks against medical facilities and critical energy infrastructure, Gravely concerned that attacks on Ukrainian civilian port infrastructure, means of navigation and grain terminals and the intended blockade of the ports of Ukraine, as well as threats of use of force against civilian and merchant vessels in the Black Sea heading to and from the ports of Ukraine, undermine critical global food supply routes, in particular to the most vulnerable regions, thus threatening global food security and access to affordable, safe and nutritious food for all those in need, Welcoming the continued efforts of the Secretary-General, the United Nations High Commissioner for Human Rights, the Organization for Security and Cooperation in Europe, the Council of Europe, the Independent International Commission of Inquiry on Ukraine and other international and regional organizations to support Ukraine in respecting, protecting and fulfilling human rights, and expressing concern over the lack of safe and unfettered access by established regional and international human rights monitoring mechanisms and human rights non-governmental organizations to the temporarily controlled or occupied territories of Ukraine, Strongly condemning the forcible transfer of Ukrainian children and other civilians to the temporarily controlled or occupied territories of Ukraine and their deportation to the Russian Federation, and the separation of families and of children from legal guardians, and any subsequent change of children’s personal status, adoption or placement in foster families, and efforts to indoctrinate them, Noting the issuance of warrants of arrest by the International Criminal Court for Vladimir Putin, President of the Russian Federation, and Maria Lvova-Belova, Commissioner for Children’s Rights in the Office of the President of the Russian Federation, on the basis that there are reasonable grounds to believe that they are A/RES/78/221 Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol 23-25992 8/14 responsible for the war crime of unlawful deportation of children and that of unlawful transfer of children from occupied areas of Ukraine to the Russian Federation, Noting also the inclusion of the Russian armed forces and affiliated armed groups in the annex to the annual report of the Secretary-General on children and armed conflict, for killings of children and attacks on schools and hospitals in Ukraine, Commending the efforts of the Special Representative of the Secretary-General on Sexual Violence in Conflict on the prevention of and response to conflict-related sexual violence in Ukraine, Acknowledging the importance of the investigation conducted by the Independent International Commission of Inquiry on Ukraine and emphasizing the role played by the Office of the United Nations High Commissioner for Human Rights in contributing to an objective appraisal of the situation of human rights in Ukraine, and in this regard welcoming the investigation by the International Criminal Court, Strongly condemning the continued arbitrary detentions in the temporarily controlled or occupied territories of Ukraine, the ongoing impunity in reported cases of enforced disappearances, as well as the so-called filtration procedures, in particular in relation to displaced persons, Gravely concerned that the temporary occupation of Crimea became a blueprint for a grave human rights crisis in other territories of Ukraine under temporary control or occupation by the Russian Federation, Affirming that the seizure of Crimea and other territories of Ukraine by force is illegal and a violation of international law, and affirming also that control of all of the territory of Ukraine must be immediately restored to Ukraine, 1. Condemns the failure of the Russian Federation to comply with the repeated requests and demands of the General Assembly, as well as with the orders of the International Court of Justice of 19 April 2017 on provisional measures in the case concerning the Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation), and of 16 March 2022 on provisional measures in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation); 2. Strongly condemns the continuing and total disregard by the Russian Federation for its obligations under international law, including the Charter of the United Nations, regarding its legal responsibility for the occupied territory, including the responsibility to respect Ukrainian law and the rights of all civilians; 3. Condemns in the strongest terms the aggression by the Russian Federation against Ukraine in violation of Article 2 (4) of the Charter, and the use of Crimea for this aim and to support the attempted illegal annexation of the Kherson, Zaporizhzhia, Donetsk and Luhansk regions; 4. Demands that the Russian Federation immediately cease its war of aggression against Ukraine and unconditionally withdraw all of its military forces from the territory of Ukraine within its internationally recognized borders; 5. Condemns violations and abuses of human rights law and international humanitarian law perpetrated by the Russian occupying authorities and entailing discrimination against the residents of the temporarily controlled or occupied territories of Ukraine, including Crimean Tatars, as well as Ukrainians and persons belonging to other ethnic and religious groups; Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol A/RES/78/221 9/14 23-25992 6. Demands that the Russian Federation respect obligations under international law with regard to respecting the Ukrainian legislation in force prior to the temporary occupation; 7. Urges the Russian Federation: (a) To uphold all of its obligations under applicable international law; (b) To fully and immediately comply with the orders of the International Court of Justice of 19 April 2017 and of 16 March 2022; (c) To take all measures necessary to bring an immediate end to all violations and abuses of international human rights law and violations of international humanitarian law against residents of the temporarily controlled or occupied territories of Ukraine, in particular reported discriminatory measures and practices, arbitrary detentions and arrests, violations and abuses within the framework of the filtration procedures, enforced disappearances, torture and other cruel, inhuman or degrading treatment, sexual and gender-based violence, including to compel apprehended persons to self-incriminate or “cooperate” with law enforcement, ensure fair trial, revoke all discriminatory legislation and hold accountable those responsible for those violations and abuses by ensuring the independent, impartial and effective investigation of all allegations; (d) To refrain from arresting or prosecuting residents of the temporarily controlled or occupied territories of Ukraine for non-criminal acts committed or opinions expressed, including in social media comments or posts, and release all residents who have been arrested or imprisoned for such acts; (e) To respect the laws in force in Ukraine, repeal laws unlawfully imposed by the Russian Federation in the temporarily controlled or occupied territories of Ukraine that allow for forced evictions and the confiscation of private property, including land, in violation of applicable international law, and respect the property rights of all former owners affected by previous confiscations; (f) To immediately release and allow the return to Ukraine, without preconditions, of Ukrainian citizens who were unlawfully detained, as well as those transferred or deported by the Russian Federation; (g) To disclose the number and identity of individuals deported from the temporarily controlled or occupied territories of Ukraine to the Russian Federation and take immediate action to allow the voluntary return of such individuals to Ukraine; (h) To end the practice of placing detainees in solitary confinement cells as a method of intimidation; (i) To monitor and accommodate the medical needs of all Ukrainian citizens, including those unlawfully detained and convicted on politically motivated grounds in the temporarily controlled or occupied territories of Ukraine and the Russian Federation and allow the monitoring of those detainees’ state of health and conditions of detention by independent international monitors and physicians from reputable international health organizations, including the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the International Committee of the Red Cross, and investigate effectively all deaths in detention; (j) To uphold the rights, in accordance with international law and until their release, of Ukrainian prisoners and detainees in the temporarily controlled or occupied territories of Ukraine and in the Russian Federation, including those on hunger strike, and encourages it to respect the United Nations Standard Minimum A/RES/78/221 Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol 23-25992 10/14 Rules for the Treatment of Prisoners (the Nelson Mandela Rules) 25 and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules);26 (k) To address ongoing impunity and ensure that those found to be responsible for violations and abuses of human rights law and violations of international humanitarian law are held accountable before an independent judiciary; (l) To create and maintain a safe and enabling environment for journalists and media workers and citizen journalists, human rights defenders and lawyers to perform their work independently and without undue interference, including by refraining from travel bans, deportations, arbitrary arrests, detention and prosecution, and other restrictions on the enjoyment of their rights; (m) To respect, protect and fulfil freedom of opinion and expression, which includes the freedom to seek, receive and impart information and ideas through any media and regardless of frontiers, enable a safe and enabling environment for independent media pluralism and ensure a safe and enabling environment for civil society organizations; (n) To respect freedom of opinion, association and peaceful assembly without discrimination on any grounds other than those permissible under international law, and freedom of thought, conscience and religion or belief, without discrimination on any grounds, to lift discriminatory regulatory barriers prohibiting or limiting the activities of religious groups in the temporarily controlled or occupied territories of Ukraine, including but not limited to parishioners of the Orthodox Church of Ukraine, Muslim Crimean Tatars and Jehovah’s Witnesses, and to permit unimpeded access, without any undue restrictions, to places of worship as well as gatherings for prayer and other religious practices; (o) To restore enjoyment of the rights of all individuals, without any discrimination based on origin or religion or belief, revoke the decisions that banned cultural and religious institutions, non-governmental organizations, human rights organizations and media outlets and restore enjoyment of the rights of individuals belonging to ethnic communities in the temporarily controlled or occupied territories of Ukraine, in particular ethnic Ukrainians and Crimean Tatars, including the right to freely participate in the cultural life of the community; (p) To respect, protect and fulfil the right to be free from arbitrary or unlawful interference with a person’s privacy, family, home or correspondence; (q) To ensure that the right to freedom of opinion and expression and the rights to peaceful assembly and freedom of association can be exercised by all residents of the temporarily controlled or occupied territories of Ukraine in any form, including single-person pickets, without any restrictions other than those permissible under international law, including international human rights law, and without discrimination on any grounds, and to end the practices of abusing requirements of prior authorization for peaceful assemblies and issuing warnings or threats to potential participants in those assemblies; (r) To refrain from criminalizing the rights to hold opinions without interference and to freedom of expression and the right to peaceful assembly and quash all penalties imposed on residents of the temporarily controlled or occupied territories of Ukraine for expressing dissenting views, including regarding the status __________________ 25 Resolution 70/175, annex. 26 Resolution 65/229, annex. Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol A/RES/78/221 11/14 23-25992 of temporarily controlled or occupied territories of Ukraine and the unprovoked Russian war of aggression against Ukraine; (s) To ensure the availability of education in the Ukrainian and Crimean Tatar languages, and stop the blocking of access to Ukrainian education; (t) To respect the rights of the Indigenous Peoples of Ukraine set out in the United Nations Declaration on the Rights of Indigenous Peoples, revoke immediately the decision declaring the Mejlis of the Crimean Tatar People an extremist organization and banning its activities, repeal the decision banning leaders of the Mejlis from entering Crimea, repeal the sentences, including in absentia, against Crimean Tatars and their leaders and immediately release those arbitrarily detained, including the leaders of the Mejlis of the Crimean Tatar People, and refrain from maintaining or imposing limitations on the ability of the Crimean Tatars to conserve their representative institutions; (u) To stop the illegal drafting and mobilization of residents of the temporarily controlled or occupied territories of Ukraine into the armed forces of the Russian Federation, stop pressure aimed at compelling residents of the temporarily controlled or occupied territories of Ukraine to serve in the armed or auxiliary forces of the Russian Federation, as well as using propaganda, also targeted at children and through the education system, and ensure strict compliance with its international obligations as an occupying Power; (v) To end also the practice of criminal prosecution of inhabitants who resist conscription and mobilization into the armed or auxiliary forces of the Russian Federation; (w) To end the practice of deporting Ukrainian citizens from the temporarily controlled or occupied territories of Ukraine for not taking Russian citizenship, stop transferring its own civilian population to the temporarily controlled or occupied territories of Ukraine and end the practice of encouraging such transfers; (x) To immediately and unconditionally reverse the decision to simplify the procedure for obtaining citizenship of the Russian Federation for Ukrainian orphans or children left without parental care; (y) To provide to the relevant United Nations bodies and international organizations a comprehensive list of the names and whereabouts of all Ukrainian children who were forcibly transferred to the temporarily controlled or occupied territories of Ukraine or deported to the Russian Federation, including on those who were subsequently adopted or transferred to foster families, in order to ensure that these children are provided protection and care in accordance with international law; (z) To cease forcible transfers or deportation of Ukraine’s children and other civilians and take all necessary steps with a view to their safe return and family reunification in line with the best interests of the child and in accordance with international law; (aa) To cooperate fully and immediately with the Office of the United Nations High Commissioner for Human Rights, the Organization for Security and Cooperation in Europe and the Independent International Commission of Inquiry on Ukraine, which must have safe, secure and unhindered access to the entire territory of Ukraine, including the temporarily occupied territories of Ukraine, and the Council of Europe on the situation of human rights in the territories of Ukraine under the control of or temporarily occupied by the Russian Federation; (bb) To create the conditions, as well as provide the means, to allow for the voluntary, safe, dignified and unhindered return to their homes of all internally A/RES/78/221 Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol 23-25992 12/14 displaced persons and refugees affected by the temporary occupation of territories of Ukraine by the Russian Federation; (cc) To stop the policy of forcibly changing the demographic, including ethnic, composition of the population and take the necessary measures aimed at halting the free migration to and settling of citizens of the Russian Federation in the temporarily occupied territories of Ukraine; (dd) To ensure compliance with obligations under international law, including humanitarian law and the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, 27 regarding the preservation of monuments of the cultural heritage of Ukraine in the temporarily controlled or occupied territories of Ukraine, in particular regarding the Khan Palace in Bakhchysarai and the monument “The ancient city of Chersonese and its Chora”, to prevent and stop reported illegal archaeological excavations in Crimea and other temporarily occupied territories of Ukraine, and the illicit transfer of cultural property of Ukraine outside the territory of Ukraine; 8. Calls upon the Russian Federation to address the substantive concerns and all recommendations highlighted in the reports of the Secretary-General and the Office of the United Nations High Commissioner for Human Rights on the situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol, as well as previous relevant recommendations from reports on the situation of human rights in Ukraine by the Office of the High Commissioner based on the work of the human rights monitoring mission in Ukraine established to prevent further deterioration of human rights in the temporarily occupied territories of Ukraine; 9. Supports the efforts of Ukraine to maintain economic, financial, political, social, informational, cultural and other ties with its citizens in the temporarily controlled or occupied territories of Ukraine in order to facilitate their access to democratic processes, economic opportunities and objective information; 10. Calls upon all international organizations and specialized agencies of the United Nations system, when referring to the temporarily controlled or occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol, in their official documents, communications, publications, information and reports, including with regard to statistical data of the Russian Federation or provided by the Russian Federation, as well as those placed or used on official United Nations Internet resources and platforms, to refer to “the Autonomous Republic of Crimea and the city of Sevastopol, and certain areas of the Kherson, Zaporizhzhia, Donetsk and Luhansk regions, Ukraine, temporarily controlled or occupied by the Russian Federation”, and to refer to bodies of the Russian Federation and their representatives in the temporarily occupied territories of Ukraine as “occupying authorities of the Russian Federation”, and encourages all States and other international organizations to do the same; 11. Calls upon Member States to support human rights defenders in the temporarily controlled or occupied territories of Ukraine and across Ukraine and to continue advocacy for the respect of human rights, including by condemning the violations committed by the Russian Federation in the temporarily controlled or occupied territories of Ukraine at bilateral and multilateral forums; 12. Also calls upon Member States to engage constructively in concerted efforts, including within international frameworks and the International Crimea Platform, aimed at improving the human rights situation in the temporarily controlled __________________ 27 United Nations, Treaty Series, vol. 249, No. 3511. Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol A/RES/78/221 13/14 23-25992 or occupied territories of Ukraine, as well as to continue to use all diplomatic means to press and urge the Russian Federation to comply with its obligations under international human rights law and international humanitarian law and to grant unimpeded access to the temporarily controlled or occupied territories of Ukraine for established regional and international human rights monitoring mechanisms, in particular the human rights monitoring Mission in Ukraine and the Ukraine Monitoring Initiative of the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe; 13. Condemns all attempts by the Russian Federation to legitimize or normalize its attempted illegal annexation of the territories of Ukraine, including the automatic imposition of citizenship of the Russian Federation, illegal election campaigns and voting, population census, forcible change of the demographic structure of the population and suppression of national identity; 14. Calls upon the international community to continue to support the work of the United Nations to uphold international human rights law and international humanitarian law in the territories of Ukraine temporarily controlled or occupied by the Russian Federation; 15. Requests the Secretary-General to continue to seek ways and means, including through consultations with the United Nations High Commissioner for Human Rights and relevant regional organizations, to ensure safe and unfettered access to Crimea and other territories of Ukraine temporarily controlled or occupied by the Russian Federation by established regional and international human rights monitoring mechanisms, in particular the human rights monitoring mission in Ukraine and the Independent International Commission of Inquiry on Ukraine, to enable them to carry out their mandates; 16. Urges the Russian Federation to ensure the proper and unimpeded access of international human rights monitoring missions and human rights non-governmental organizations to the temporarily controlled or occupied territories of Ukraine, including all places where persons may be deprived of their liberty, recognizing that the international presence and monitoring of compliance with international human rights law and international humanitarian law are of paramount importance in preventing further deterioration of the situation; 17. Decides to include the item entitled “The situation in the temporarily occupied territories of Ukraine” in the annual agenda of the General Assembly; 18. Requests the Secretary-General to remain actively seized of the matter, and to take all steps necessary, including within the Secretariat, to ensure the full and effective coordination of all United Nations bodies with regard to the implementation of the present resolution; 19. Also requests the Secretary-General to continue to provide his good offices and pursue his discussions relating to the matter, involving all relevant stakeholders and including the concerns addressed in the present resolution; 20. Further requests the Secretary-General to report to the General Assembly at its seventy-ninth session on the progress made in the implementation of all provisions of the present resolution, including options and recommendations to improve its implementation, and to submit for consideration an interim report to the Human Rights Council at its fifty-sixth session, to be followed by an interactive dialogue, in accordance with Council resolution 53/30 of 14 July 2023;28 __________________ 28 See Official Records of the General Assembly, Seventy-eighth Session, Supplement No. 53 (A/78/53), chap. VII, sect. A. A/RES/78/221 Situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol 23-25992 14/14 21. Decides to continue its consideration of the matter at its seventy-ninth session under the item entitled “Promotion and protection of human rights”. 50th plenary meeting 19 December 2023

UN Project. “A/RES/78/221.” UN Project, https://un-project.org/votes/resolution/A-RES-78-221/. Accessed .

Copy citation