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detainedstaffday · 1 month

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Convention on the safety of the United Nations and Associated personnel.

This Convention applies in respect of United Nations and associated personnel and United Nations operations, as defined in article 1. This Convention shall not apply to a United Nations operation authorized by the United Nations Security Council as an enforcement action under Chapter VII of the Charter of the United Nations in which any of the personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict applies. Article 3 -Identification

The military and police components of a United Nations operation and their vehicles, vessels and aircraft shall bear distinctive identification. Other personnel, vehicles, vessels and aircraft involved in the United Nations operation shall be appropriately identified unless otherwise decided by the Secretary-General of the United Nation; All United Nations and associated personnel shall carry appropriate identification documents. Article 4 - Agreements on the status of the operation The host State and the United Nations shall conclude as soon as possible an agreement on the status of the United Nations operation and all personnel engaged in the operation including, inter alia, provisions on privileges and immunities for military and police components of the operation. Article 5 - Transit A transit State shall facilitate the unimpeded transit of United Nations and associated personnel and their equipment to and from the host State. Article 6 - Respect for laws and regulations

Without prejudice to such privileges and immunities as they may enjoy or to the requirements of their duties, United Nations and associated personnel shall: (a) Respect the laws and regulations of the host State and the transit State; and (b) Refrain from any action or activity incompatible with the impartial and international nature of their duties. The Secretary-General of the United Nations shall take all appropriate measures to ensure the observance of these obligations. Article 7 - Duty to ensure the safety and security of United Nations and associated personnel

United Nations and associated personnel, their equipment and premises shall not be made the object of attack or of any action that prevents them from discharging their mandate. States Parties shall take all appropriate measures to ensure the safety and security of United Nations and associated personnel. In particular, States Parties shall take all appropriate steps to protect United Nations and associated personnel who are deployed in their territory from the crimes set out in article 9. States Parties shall cooperate with the United Nations and other States Parties, as appropriate, in the implementation of this Convention, particularly in any case where the host State is unable itself to take the required measures. Article 8 - Duty to release or return

United Nations and associated personnel captured or detained Except as otherwise provided in an applicable status-of-forces agreement, if United Nations or associated personnel are captured or detained in the course of the performance of their duties and their identification has been established, they shall not be subjected to interrogation and they shall be promptly released and returned to United Nations or other appropriate authorities. Pending their release such personnel shall be treated in accordance with universally recognized standards of human rights and the principles and spirit of the Geneva Conventions of 1949. Article 9 - Crimes against United Nations and associated personnel

The intentional commission of: (a) A murder, kidnapping or other attack upon the person or liberty of any United Nations or associated personnel; (b) A violent attack upon the official premises, the private accommodation or the means of transportation of any United Nations or associated personnel likely to endanger his or her person or liberty; (c) A threat to commit any such attack with the objective of compelling a physical or juridical person to do or to refrain from doing any act; (d) An attempt to commit any such attack; and (e) An act constituting participation as an accomplice in any such attack, or in an attempt to commit such attack, or in organizing or ordering others to commit such attack, shall be made by each State Party a crime under its national law. Each State Party shall make the crimes set out in paragraph 1 punishable by appropriate penalties which shall take into account their grave nature. Article 10 - Establishment of jurisdiction

Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set out in article 9 in the following cases: (a) When the crime is committed in the territory of that State or on board a ship or aircraft registered in that State; (b) When the alleged offender is a national of that State. A State Party may also establish its jurisdiction over any such crime when it is committed: (a) By a stateless person whose habitual residence is in that State; or (b) With respect to a national of that State; or (c) In an attempt to compel that State to do or to abstain from doing any act. Any State Party which has established jurisdiction as mentioned in paragraph 2 shall notify the Secretary-General of the United Nations. If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General of the United Nations. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set out in article 9 in cases where the alleged offender is present in its territory and it does not extradite such person pursuant to article 15 to any of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law. Article 11 - Prevention of crimes against United Nations and associated personnel

States Parties shall cooperate in the prevention of the crimes set out in article 9, particularly by: (a) Taking all practicable measures to prevent preparations in their respective territories for the commission of those crimes within or outside their territories; and (b) Exchanging information in accordance with their national law and coordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes. Article 12 - Communication of information

Under the conditions provided for in its national law, the State Party in whose territory a crime set out in article 9 has been committed shall, if it has reason to believe that an alleged offender has fled from its territory, communicate to the Secretary-General of the United Nations and, directly or through the Secretary-General, to the State or States concerned all the pertinent facts regarding the crime committed and all available information regarding the identity of the alleged offender. Whenever a crime set out in article 9 has been committed, any State Party which has information concerning the victim and circumstances of the crime shall endeavour to transmit such information, under the conditions provided for in its national law, fully and promptly to the Secretary-General of the United Nations and the State or States concerned. Article 13 - Measures to ensure prosecution or extradition

Where the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take the appropriate measures under its national law to ensure that person’s presence for the purpose of prosecution or extradition.

Measures taken in accordance with paragraph 1 shall be notified, in conformity with national law and without delay, to the Secretary-General of the United Nations and, either directly or through the Secretary-General, to: (a) The State where the crime was committed; (b) The State or States of which the alleged offender is a national or, if such person is a stateless person, in whose territory that person has his or her habitual residence; (c) The State or States of which the victim is a national; and (d) Other interested States. Article 14 - Prosecution of alleged offenders The State Party in whose territory the alleged offender is present shall, if it does not extradite that person, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the law of that State. Those authorities shall take their decision in the same manner as in the case of an ordinary offence of a grave nature under the law of that State. Article 15 - Extradition of alleged offenders

To the extent that the crimes set out in article 9 are not extraditable offences in any extradition treaty existing between States Parties, they shall be deemed to be included as such therein. States Parties undertake to include those crimes as extraditable offences in every extradition treaty to be concluded between them. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of those crimes. Extradition shall be subject to the conditions provided in the law of the requested State. States Parties which do not make extradition conditional on the existence of a treaty shall recognize those crimes as extraditable offences between themselves subject to the conditions provided in the law of the requested State. Each of those crimes shall be treated, for the purposes of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2 of article 10. Article 16 - Mutual assistance in criminal matters

States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the crimes set out in article 9, including assistance in obtaining evidence at their disposal necessary for the proceedings. The law of the requested State shall apply in all cases.

The provisions of paragraph 1 shall not affect obligations concerning mutual assistance embodied in any other treaty. Article 17- Fair treatment

Any person regarding whom investigations or proceedings are being carried out in connection with any of the crimes set out in article 9 shall be guaranteed fair treatment, a fair trial and full protection of his or her rights at all stages of the investigations or proceedings. Any alleged offender shall be entitled: (a) To communicate without delay with the nearest appropriate representative of the State or States of which such person is a national or which is otherwise entitled to protect that person’s rights or, if such person is a stateless person, of the State which, at that person’s request, is willing to protect that person’s rights; and (b) To be visited by a representative of that State or those States. Article 18 - Notification of outcome of proceedings The State Party where an alleged offender is prosecuted shall communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to other States Parties. Article 19 - Dissemination The States Parties undertake to disseminate this Convention as widely as possible and, in particular, to include the study thereof, as well as relevant provisions of international humanitarian law, in their programmes of military instruction. Article 20 - Savings clauses Nothing in this Convention shall affect: (a) The applicability of international humanitarian law and universally recognized standards of human rights as contained in international instruments in relation to the protection of United Nations operations and United Nations and associated personnel or the responsibility of such personnel to respect such law and standards; (b) The rights and obligations of States, consistent with the Charter of the United Nations, regarding the consent to entry of persons into their territories; (c) The obligation of United Nations and associated personnel to act in accordance with the terms of the mandate of a United Nations operation; (d) The right of States which voluntarily contribute personnel to a United Nations operation to withdraw their personnel from participation in such operation; or (e) The entitlement to appropriate compensation payable in the event of death, disability, injury or illness attributable to peace-keeping service by persons voluntarily contributed by States to United Nations operations. Article 21 - Right of self-defence Nothing in this Convention shall be construed so as to derogate from the right to act in self-defence. Article 22 - Dispute settlement

Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by application in conformity with the Statute of the Court. Each State Party may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto declare that it does not consider itself bound by all or part of paragraph 1. The other States Parties shall not be bound by paragraph 1 or the relevant part thereof with respect to any State Party which has made such a reservation. Any State Party which has made a reservation in accordance with paragraph 2 may at any time withdraw that reservation by notification to the Secretary-General of the United Nations. Article 23 - Review meetings At the request of one or more States Parties, and if approved by a majority of States Parties, the Secretary-General of the United Nations shall convene a meeting of the States Parties to review the implementation of the Convention, and any problems encountered with regard to its application. Article 24 - Signature This Convention shall be open for signature by all States, until 31 December 1995, at United Nations Headquarters in New York. Article 25 - Ratification, acceptance or approval This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. Article 26 Accession This Convention shall be open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations. Article 27 -Entry into force

This Convention shall enter into force thirty days after twenty-two instruments of ratification, acceptance, approval or accession have been deposited with the Secretary-General of the United Nations. For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification, acceptance, approval or accession. Article 28 - Denunciation

A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations. Article 29 - Authentic texts The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

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righttothetruthday · 1 month

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International Covenant on Civil and Political Rights.

The International Covenant on Civil and Political Rights and the Optional Protocol to the ICCPR includes to allow victims claiming to be victims of human rights violations to be heard by the Human Rights Committee (HRC) and aiming to abolish death penalty. Member States that ratifies ICCPR are obliged to protect and preserve basic human rights enshrined in the treaty. The Covenant acts as international treaty that impose obligation in international law on states.

The ICCPR was adopted by the United Nations in 1966 and came into force in 1976. It is the most extensive human rights treaties as they cover wide range of rights and protect wide range of people. The ICCPR attempts to ensure the protection and promote conditions within the states to allow the enjoyment of civil and political rights.

Among the rights protected under the ICCPR are:

Article 6: Right to life, Article 7: Freedom from torture, Article 8: Right not to be enslaved, Article 18: Right to freedom of thought, conscience and religion, Article 24: Children’s right, Article 25: Right to political participation.

Preamble

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Article 4

1 . In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.

3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.

2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

2. No one shall be held in servitude.

(a) No one shall be required to perform forced or compulsory labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

(ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;

(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

(iv) Any work or service which forms part of normal civil obligations.

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

Article 11

No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.

Article 12

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

4. No one shall be arbitrarily deprived of the right to enter his own country.

Article 13

An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

(g) Not to be compelled to testify against himself or to confess guilt.4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Article 15

1 . No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 20

1. Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 22

1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

Article 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

2. The right of men and women of marriageable age to marry and to found a family shall be recognized.

3. No marriage shall be entered into without the free and full consent of the intending spouses.

4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

Article 24

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 27

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

PART IV

Article 28

1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided.

2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience.

3. The members of the Committee shall be elected and shall serve in their personal capacity.

Article 29

1. The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the present Covenant.

2. Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State.

3. A person shall be eligible for renomination.

Article 30

1. The initial election shall be held no later than six months after the date of the entry into force of the present Covenant.

2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations shall address a written invitation to the States Parties to the present Covenant to submit their nominations for membership of the Committee within three months.

3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election.

4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the present Covenant convened by the Secretary General of the United Nations at the Headquarters of the United Nations. At that meeting, for which two thirds of the States Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

Article 31

1. The Committee may not include more than one national of the same State.

2. In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems.

Article 32

1. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4.

2. Elections at the expiry of office shall be held in accordance with the preceding articles of this part of the present Covenant.

Article 33

1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who shall then declare the seat of that member to be vacant.

2. In the event of the death or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect.

Article 34

1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article 29 for the purpose of filling the vacancy.

2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part of the present Covenant.

3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that article.

Article 35

The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committee's responsibilities.

Article 36

The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant.

Article 37

1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations.

2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

3. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva.

Article 38

Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously.

Article 39

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

(a) Twelve members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the members present.

Article 40

1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for the States Parties concerned;

(b) Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant.

3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence.

4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article.

Article 41

1. A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:

(a) If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged;

(d) The Committee shall hold closed meetings when examining communications under this article;

(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant;

(f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph I of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

Article 42

(a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant;

(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members.

2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41.

3. The Commission shall elect its own Chairman and adopt its own rules of procedure.

4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned.

5. The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.

6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information.

7. When the Commission has fully considered the matter, but in any event not later than twelve months after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned:

(a) If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter;

(b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached;

(c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned;

(d) If the Commission's report is submitted under subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission.

8. The provisions of this article are without prejudice to the responsibilities of the Committee under article 41.

9. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.

10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article.

Article 43

The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 44

The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.

Article 45

The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities.

PART V

Article 46

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.

Article 47

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.

PART VI

Article 48

1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 49

1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 50

The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.

Article 51

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.

Article 52

1. Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars:

(a) Signatures, ratifications and accessions under article 48;

(b) The date of the entry into force of the present Covenant under article 49 and the date of the entry into force of any amendments under article 51.

Article 53

1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 4.

Adopted on 16 December 1966 by the General Assembly resolution 2200A (XXI).

#core instruments #international instruments #national and international courts and tribunals #The convenant #human rights treaties #political rights #civil rights #united nations human rights council #ohchr #Human Rights Committee (HRC)

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taqato-alim · 1 month

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Analysis of: "Human rights situation during the Russian occupation of territory of Ukraine and its aftermath" (OHCHR, 19 March 2024)

PDF-Download: https://www.ohchr.org/sites/default/files/2024-03/2024-03-20%20OHCHR%20Report%20on%20Occupation%20and%20Aftermath.pdf

Summary of the key points from the discussion:

Russia illegally invaded and occupied parts of Ukraine, committing war crimes and widespread human rights violations against civilians.

Under occupation, Russians systematically dismantled rights, imposed fear through violence/repression, and suppressed Ukrainian identity, language and culture.

Civilians faced arbitrary detention, torture, ill-treatment and trauma from living under oppressive conditions without autonomy or legal protections.

Russia established governing systems that undermined Ukrainian institutions and sovereignty in violation of occupation law standards.

Ukraine faced challenges in prosecuting alleged collaborators while respecting proportionality and due process.

The report highlighted ongoing shortcomings in upholding international law and weaknesses in global cooperation on conflict resolution.

All individuals were profoundly impacted, with civilians suffering trauma and lost futures, while behaviors of occupying forces indicated disregard for humanity.

Sensitive, context-specific solutions are still needed to Balance accountability, social recovery and reconciliation amid complex, dynamic post-conflict issues.

The situation underscores how world affairs remain vulnerable when aggression and noncompliance with humanitarian/legal frameworks persist with impunity.

Genre of the document

This document appears to be a thematic report published by the Office of the United Nations High Commissioner for Human Rights (OHCHR).

Key indicators that point to it being a report genre include:

It is published by an international organization (OHCHR) which routinely produces reports on human rights issues.

It covers a specific topic or theme - in this case it examines the human rights situation during and after the Russian occupation of parts of Ukraine.

It follows a typical report structure, first providing background context, then analyzing the situation through detailed findings organized into sections, and concluding with recommendations.

It cites evidence from interviews, documentation, court records and other sources to support its analysis and conclusions about the human rights situation.

It adopts an objective and analytical tone typical of reports, rather than advocacy.

References are included to provide credibility and transparency about the sources of information.

It is intended to inform relevant stakeholders like governments, organizations and the public about the issues examined based on research and monitoring.

Based on these characteristics, the document exhibits all the hallmarks of a formal thematic report intended to assess and document a particular human rights issue or situation.

Summary of the key points from the report

Russian forces launched a full-scale invasion of Ukraine on February 24, 2022 and captured territory in various regions including Donetsk, Kharkiv, Kherson, Luhansk, Mykolaiv and Zaporizhzhia.

Under occupation, Russian forces and authorities systematically dismantled fundamental rights and imposed a climate of fear through violence, repression and suppression of dissent.

Widespread arbitrary detention, torture, ill-treatment and sexual violence were reported targeting civilians opposing the occupation.

Russian forces quashed peaceful protests using force, restricted free expression and movement, conducted invasive searches and limited information access.

Russia imposed its own systems of governance, administration, laws and education, applied pressure for residents to obtain Russian passports, and suppressed Ukrainian culture and identity.

Ukraine regained control of parts of Kharkiv, Kherson and Mykolaiv regions by late 2022, finding destroyed infrastructure, mines, pillaged property, trauma and economic collapse.

Areas faced intensified shelling from Russia and risks from mines, hampering aid, reconstruction and agriculture.

Ukraine prosecuted alleged "collaboration," but definitions were broad and risks criminalizing justified conduct, and prosecutions sometimes violated rights.

Report recommends both Russia and Ukraine take various actions to address the situation and its consequences, and calls for international support.

Key stakeholders affected by this report

Here are the key stakeholders affected by this report and an evaluation of how they may be impacted:

Governments of Russia and Ukraine - The report directly addresses both governments, documenting violations requiring remediation and making formal recommendations they are expected to consider. It will impact their international standing.

Occupied population in Ukraine - The report gives voice to their experiences and aims to promote accountability and remedies to help address harms suffered. Increased awareness may offer validation.

International organizations - The report informs the response of bodies like the UN on issues like access and assistance. It guides engagement on promoting rights protections and reconciliation.

International community - By raising global awareness, the report aims to bolster calls on states to help promote compliance with international law and support recovery efforts in Ukraine.

Civil society/NGOs - The documentation supports advocacy and provides a basis to press governments, design programs and mobilize resources to help conflict-affected communities.

Media - The detailed analysis offers comprehensive reporting on the situation to raise public understanding of the complex issues around occupation and its impacts.

Overall, through its rigorous fact-finding and recommendations, the report seeks to positively impact those most affected while encouraging the international community to constructively engage on the issues. Though governments are also subject to its scrutiny, its ultimate aim is to advance respect for human rights.

Key parties involved in the situation

Here are the key parties involved in the situation described in the document and an evaluation of their role:

Russian Federation - As the aggressor state launching an illegal invasion and occupying territories, it bears primary responsibility for grave violations of international law and resulting human rights abuses against civilians.

Ukrainian Government - As the victim state defending its sovereignty and territorial integrity, it continues upholding rights under occupation despite lack of access to parts of its territory. It now faces reconstruction challenges and a controversial response to collaboration charges.

Ukrainian populations in occupied areas - Civilians suffered direct impacts of violence, repression and socioeconomic disruption under foreign occupation and administration against their will. Some collaborated under coercion while others actively resisted.

International community - States have provided diplomatic support and aid to Ukraine but faced ongoing divisions that hamper a unified response. Differences persist on approach to accountability and engagement on issues like collaboration charges.

International organizations - Bodies like UN have facilitated response but struggled with lack of Russian cooperation limiting monitoring. they aim to offer guidance and support to both states through this complex situation.

Civil society in Ukraine - Groups have aided victims, conducted advocacy, and documented realities on the ground to support responses adhering to rights and ethics as challenges evolve.

All parties still have roles to play in upholding law, addressing harms, and determining sustainable solutions that prioritize human wellbeing and reconciliation over political agendas. Progress requires ongoing constructive participation and compromise.

Individuals involved in the situation

Here are some of the types of individuals involved in the situation described in the report and an evaluation of their perspective/role:

Civilians living under occupation: Subjected to violence, fear and disruption of daily life/livelihoods under foreign rule against their will. Face trauma, uncertainty about future and complex processes like collaborator charges and reintegration.

Victims of abuse: Endured human rights violations like arbitrary detention, torture and loss of loved ones with need for justice, accountability and reparation to recover. Testimonies help document abuses.

Persons accused of collaboration: Charge definitions risk overreach. Some cooperated under coercion/duress yet face consequences. Others willingly assisted occupiers, complicating reconciliation.

Frontline workers: Medical staff, teachers and others continued essential roles amid occupation's challenges and risks like coercion. Sought to ease plight of communities.

Local officials: Some refused cooperation and fled reprisals. Others accommodated occupiers due to threats against themselves/families though now face criticism for decisions taken under duress.

Displaced communities: Fled violence/repression with loss of homes/property, increasing needs as traumatized refugees/IDPs. Demographic changes impact areas' recovery.

Overall the situation profoundly impacted civilians and public servants, with complex perspectives depending on circumstances, yet most endured immense hardship with ongoing vulnerabilities and needs that require sensitive, context-specific responses upholding humanity.

Actions of Russian forces

Based on descriptions in the report, the actions of Russian forces during the occupation were deeply unethical and violated international law in the following ways:

The invasion and occupation of Ukrainian territory itself was illegal under international law and constituted a serious breach of Ukraine's sovereignty and territorial integrity.

Russian forces committed widespread and grave human rights abuses against civilians, including arbitrary detention, torture, sexual violence and extrajudicial killings - actions which constituted war crimes.

They brutally suppressed dissent through violent crackdowns on peaceful protests and by detaining and disappearing civil activists and journalists.

Enforced disappearances, incommunicado detention and torture of civilians were used systematically and resulted in unlawful deaths - serious violations of human rights and international humanitarian law.

Widespread pillaging, looting and destruction of civilian property breached obligations to respect private possessions under occupation.

Heavy-handed control measures like pervasive searches and restrictions on movement undermined basic freedoms and terrorized the population.

Failure to investigate or prosecute these documented crimes helped enable a climate of impunity for further rights violations against civilians.

Overall, based on evidence presented, the actions of Russian forces paint a picture of an unlawful, hostile occupation characterized by flagrant disregard for international law and basic human rights protections for civilians. Their conduct can only be viewed as reprehensible and unlawful.

Imposed systems of governance and administration introduced by Russia

Based on the details provided in the report, the imposed systems of governance and administration introduced by Russia violated international law governing occupation in several key ways:

Replacing Ukrainian institutions and applying Russian laws/systems went far beyond what was necessary to maintain order and violated occupations’ basic duty to respect local systems as far as possible.

Coercing cooperation from officials, workers and residents through threats, violence or dire economic coercion violated principles of consent and protection for protected persons.

Tightening requirements like Russian passports for essential services denied equal rights to Ukrainian citizens and amounted to collective punishment barred under the 1907 HR.

Imposing a foreign curriculum and suppressing the Ukrainian language/culture exceeded permitted cultural changes and infringed rights to conscience and cultural life of children.

Gathering extensive civilian data and encouraging surveillance raised serious privacy concerns inconsistent with civilian protections under occupation law.

Attempts to demographically reshape the population through deportations, asylum coercion and bolstering Russian in-migration breached ethical standards of neutrality in occupations.

Overall, Russia’s administrative overhaul and governance model entrenched changes rejecting local consent in violation of its obligations to minimize disruptions to civilian life under occupation and protect rights to identity, culture and autonomy.

Psychological state of civilians living under Russian occupation

Based on the details provided in the report, the psychological state of civilians living under Russian occupation can be characterized as:

Traumatized/Stressed: Widespread violence, repression, arbitrary detention and torture created acute fear and anxiety amongst the population.

Isolated: Restrictions on movement, information and assembly isolated communities, straining social networks of support. Increased loneliness and withdrawal.

Distrustful: The climate of fear and coercion, coupled with surveillance/denunciations, eroded trust between neighbors as people felt compelled to protect themselves.

Vulnerable/Helpless: Civilians were subjected to abuses, instability and loss of autonomy with few options for resistance, escape or remedy, diminishing a sense of safety, control and dignity.

Conflicted: Those compelled or pressured to cooperate with occupiers under duress suffered inner turmoil over collaborator accusations they now faced.

Uncertain: The erosion of familiar cultural anchors, identities, futures and governance left people lacking confidence in what came next amid disruption and deprivation.

Overall, living under such oppressive and rights-violating conditions of fear, manipulation, instability and diminished agency would be expected to profoundly distress, confuse and demoralize much of the occupied civilian population from a psychological perspective based on the impacts described.

Suppression of Ukrainian culture and identity

The document describes serious suppression of Ukrainian culture and identity under the Russian occupation:

The Ukrainian curriculum in schools was replaced with the Russian version, requiring teaching in Russian and following Moscow's approved history narratives.

Ukrainian culture was removed from public spaces through censorship or destruction of cultural artifacts, books, monuments and symbols representing Ukrainian heritage.

Expressions of Ukrainian identity through language, culture or beliefs were punished by arrest, detention and violence against civilians by Russian forces.

Children were pressured into Russian youth groups aimed at imparting Russian patriotism through militaristic activities contravening protections for minors under occupation law.

Access to independent Ukrainian media was blocked or censored, cutting off information sources not controlled by occupying authorities.

Official policies sought to eliminate the distinction between Ukrainian and Russian identities by denying Ukrainianism and promoting narratives of artificial ethnic and historical unity between the two peoples.

These aggressive steps instilled fear while seeking to systematically erase or replace all cultural traces and public expressions of Ukrainian national identity in occupied areas over the long term.

Cultural state of the individuals acting on Russia's behalf

The document does not provide direct information about the cultural state of the individuals acting on Russia's behalf in the occupied territories of Ukraine. However, we can infer some details:

Many Russian forces and administrators were likely ethnically Russian and saw themselves as restoring traditionally Russian areas to Russian control, as indicated by narratives promoted.

They aimed to dismantle Ukrainian identity and imposed Russian identity and orientations through policies targeting education, symbols and information spaces.

This suggests they viewed Ukrainian and Russian cultures as competing and sought to suppress the former in favor of the latter becoming dominant in the occupied region long-term.

By suppressing the Ukrainian language and rewriting history to justify annexation, they exhibited attitudes of cultural superiority toward local Ukrainian identities and traditions.

Overall their actions appeared driven by ultranationalistic goals of asserting Russian political and cultural hegemony over the ethnic Ukrainian populations and lands brought under occupation control.

However, the document provides little info on whether coercion may have impacted some local administrators' behavior or on any diversity of cultural views among Russian officials involved.

So in summary, they seemed motivated by an expansionist Russian ethnonationalist vision at odds with the reality of Ukraine's independent multiethnic society and identity. But direct cultural profiles remain unclear from the report.

Psychological state of individuals acting on Russia's behalf

The document does not provide enough details to fully evaluate the psychological state of individuals acting on Russia's behalf. However, some inferences can be made:

Dehumanized view of civilians: Referring to locals as "Nazis" suggests they saw civilians as sub-human enemies rather than protected persons under IHL.

Lack of empathy: Willingness to use violence, torture and unlawfully detain civilians indicates a stark lack of empathy or compassion.

Need for control/dominance: Efforts to impose Russian governance/identity through force and repression over dissent reveals desire to assert dominance.

Propaganda/Ethnonationalism: Narratives deemphasizing Ukrainian identity/statehood point to susceptibility to propaganda regarding ethnic superiority.

Authoritarian mindset: Restricting dissent/information and attempting to reshape communities long-term through policies/education points to willingness to exert control over civilian lives.

Desensitization to harm: Degree of harm committed against civilians, including violence/abuse against most vulnerable like children, suggests risk of trauma-hardening and objectification of locals as threats.

Overall, while direct profiling is impossible, behaviors indicate disrespect for human dignity/rights and preference for force that seem disorderly from a psychological perspective without empathy, consent or restraint in the treatment of civilians under their authority.

Ukraine's prosecution of "collaboration activities"

Based on the details provided, Ukraine's prosecution approach raises some important concerns:

The criminal definition of "collaboration activities" is overly broad and vague, risking punishing lawful occupation conduct or actions done under coercion/duress against the spirit of IHL.

Insufficient consideration is given to complex context faced by residents and duress factors that may have compelled some cooperation with occupiers.

Harsh charges and pre-trial detention practices have not always respected due process or appeared proportionate to alleged conduct in all cases.

Allegations of rights violations during some investigations - such as lack of lawyers during interrogations - require scrutiny if verified.

An unintended consequence has been further burdening or "double victimizing" individuals already targeted and abused under occupation in need of support.

Overly aggressive prosecutions risk politicizing cooperators as “traitors” and deepening social divisions in a post-conflict environment where reconciliation should be prioritized.

However, accountability for egregious crimes is also important. Overall the approach seems well-intentioned but requires refining definitions and practices to reflect humanitarian principles of proportionality, fairness and avoidance of further harm.

Ethical issues

Based on the information presented in the report, there are several ethical issues that arise:

Russia violated core ethical principles of international law by launching an aggressive war and occupation, resulting in widespread human rights abuses against civilians. Its actions subverted democratic ideals of self-determination.

Russian forces and authorities committed grave ethical breaches by carrying out violence, torture, and repression against civilians under occupation in violation of ethics around humanity, non-discrimination and rule of law.

Imposing foreign systems of governance and suppressing local culture betrayed ethics of respect, cultural diversity and consent of the governed. Targeting children undermined ethics of protecting the vulnerable.

Problems arose regarding Ukraine's overly broad definition of "collaboration", risking punishing those compelled to act or living under duress, conflicting with ethics of proportionality and fairness.

Allegations of rights violations in some Ukrainian investigations/prosecutions diverged from ethical standards of due process, integrity of justice and avoidance of further harming victims.

All states and societies involved face ongoing ethical challenges around reconciliation, reintegration, truth and reparations - how to appropriately weigh accountability, remorse, forgiveness and healing divided communities with compassion.

Overall, while Russia's actions exhibited grave unethical behavior, Ukraine still has work ahead to ensure its response aligns fully with ethics. And all stakeholders must grapple ethically with complexity of issues like judging conduct under coercion to build sustainable peace.

World affairs

The report paints a sobering picture of world affairs in several ways:

It highlights the ongoing danger posed by large-scale wars of aggression and occupations in violating international law and destroying lives/communities. Global cooperation on deterring such actions remains unrealized.

The inability to prevent or quickly resolve the conflict through diplomatic means suggests continuing weaknesses in the international system for maintaining peace and stability.

Human rights protections envisioned in international law proved deficient, as widespread abuses persisted with near total impunity under occupation. Greater enforcement is still needed.

Divisions exploited within and between states threaten social cohesion and reconciliation, as identities and narratives became tools of political manipulation rather than a basis for shared understanding.

Post-conflict situations present immense humanitarian and development challenges, yet transitioning from emergency aid to long-term support and remedy remains a work in progress.

Occupations introduce complications to rights, governance and socio-economic recovery that defy simple or uniform solutions, requiring context-sensitive, whole-of-society responses.

In summary, while the document concerns a specific regional crisis, it underscores how vulnerable world affairs remain to instability, rights violations and disorder when law and cooperation break down—calling for ongoing reform and commitment to core principles of justice, accountability and human dignity. Progress still lags threats.

Evaluation of the thematic report

Here are the usual evaluation criteria for a thematic report genre and my evaluation of this report based on each criteria:

Accuracy - The report comprehensively documents its findings and conclusions based on 2,319 interviews and extensive research. It is well-sourced and the information has clearly been verified based on OHCHR's methodology. This suggests a high level of accuracy.

Objectivity - The report presents its analysis and findings in an impartial manner without apparent bias. It is critical of both Russian and Ukrainian actions where appropriate. This indicates a high degree of objectivity.

Credibility - As published by a reputable UN organization, the report benefits from institutional credibility. Its thorough sourcing and adherence to fact-finding standards also lend it credibility. No obvious credibility issues are apparent.

Balance - The report considers both positive obligations of states as well as limitations, and factors in contextual constraints faced by parties. It critically examines actions of all sides in an even-handed manner. This displays a high level of balance.

Clarity - The report is well-structured in a logical flow and easy to understand, defining key terms. Findings are presented concisely yet comprehensively. Recommendations are clear and actionable. Overall the information is conveyed with a high degree of clarity.

Thoroughness - The report leaves few stones unturned in its examination of the issues. It comprehensively documents the situation over time through many interviews and sources. This indicates a very high level of thoroughness.

Based on this evaluation, the report demonstrates adherence to best practices typical of the genre and produces a rigorous, well-researched analysis of the human rights situation in Ukraine that will serve as a valuable resource.

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