HRC57 - General debate on human rights situations that require the Council’s attention

UNITED NATIONS HUMAN RIGHTS COUNCIL

57^th session

Item 4

General debate on human rights situations that require the Council's attention

EU Statement

Mister President,

I have the honour to speak on behalf of the European Union.

The candidate countries North Macedonia, Montenegro and Albania*, the EFTA country Liechtenstein, member of the European Economic Area, align themselves with this statement.

With regard to the situations in Venezuela, Burundi, Syria and Myanmar we would like to refer to our statements during the respective interactive dialogues.

We condemn in the strongest possible terms Russia's aggression against Ukraine, which started in 2014, and its full-scale military invasion of Ukraine from 24 February 2022.Russia is grossly violating international law, includinginternational humanitarian law andthe core principles of the UN Charter and its OSCE commitments, while undermining European and global peace and security throughits illegal, unprovoked and unjustified war of aggression against Ukraine. We once again demand Russia to cease its aggression and immediately, completely and unconditionally withdraw all its forces and military equipment from Ukraine, and fully respect Ukraine's independence, sovereignty, and territorial integrity within its internationally recognised borders. Reports of International monitoring mechanisms, including the UN Human Rights Monitoring Mission in Ukraine, the Independent International Commission of Inquiry and OSCE reports from experts of the Moscow Mechanism as well as the ODIHR Monitoring Initiative, have concluded that Russia has committed a wide, and growing range of violations of international humanitarian law and international human rights law. The latest report from the Office of the High Commissioner for Human Rights highlighted the cumulative impact of the recent attacks on energy infrastructure on civilians and their human rights. We condemn these attacks, which risk depriving the civilian population of access to services necessary for their survival this coming winter. We also condemn in the strongest possible terms atrocities committed, including attacks against civilians and civilian objects, extrajudicial executions, executions of prisoners of war, arbitrary detention, widespread and systematic torture, rape, and other forms of sexual and gender-based violence. Many of these violations amount to war crimes, some may amount to crimes against humanity. The EU calls on Russia to end the unlawful practice of deportation and forcible transfer of Ukrainian children. Russia must stop the illegal adoptions of these children, which violate their right to their Ukrainian nationality, their identity, name and family relations, and it should ensure their immediate and safe return. The EU also calls on Russia to immediately cease arbitrary detentions, forcible transfers and deportations of Ukrainian civilians and to release them in conditions of safety. We urge Russia to grant full and unhindered access to humanitarian actors and provide safe humanitarian passage for civilians wishing to leave. We urge Russia to respect international humanitarian law and to uphold international human rights law and will hold all perpetrators fully accountable for crimes under international law. The EU encourages further efforts, including within the Core Group, to establish a tribunal for the prosecution of the crime of aggression against Ukraine.

As regards Russia, the EU is seriously concerned aboutthe unabated systematic crackdown on civil society, especially on human rights defenders, lawyers, independent media and journalists, as well as the repression of political opposition and critical voices both inside and outside Russia. We continue to strongly condemn the further expansion of repressive legislation and call on Russia to align with international human rights law and to ensure a safe and enabling online and offline environment, for all, not least human rights defenders, journalists, media workers, political opposition and citizens with dissenting voices. We reiterate our call for the immediate and unconditional release of all political prisoners and persons arbitrarily detained. We also call on Russia to fully implement all rulings of the European Court of Human Rights. We continue to call upon the Russian authorities to uphold their domestic and international human rights obligations, including the International Covenant on Civil and Political Rights (ICCPR), and ensure equality before and by the law. This includes abiding by the absolute prohibition of torture.The EU is concerned about the severe pressure put on lawyers, journalists, opposition activists, anti-war protesters, other citizens with dissenting voices and victims of human rights violations. We call on Russia to end its political misuse of the judiciary and law enforcement, including against LGBTI persons. We remain concerned about reports, including the recent report of the UN Special Rapporteur on the Situation of Human Rights in the Russian Federation, that persons belonging to religious minorities are persecuted and labelled as extremists or terrorists. The EU calls on Russia to respect, protect and fulfil the rights of Indigenous Peoples as set out in the UNDRIP and international human rights law. Russia must ensure that all human rights violations are thoroughly, independently and impartially investigated and that perpetrators are held accountable. The EU calls on the Russian Federation to cooperate fully with the UN and all special procedures.

The EU remains deeply concerned about the continuously deteriorating human rights situation in Belarus. The EU strongly condemns all violations of human rights. The EU also condemns the support provided by the Belarusian regime to Russia's war of aggression against Ukraine as well as the instrumentalisation of migrants by the Belarusian regime, in complicity with Russia, for political purposes, particularly when used as leverage or as part of hybrid destabilizing actions. The EU calls on Belarus to immediately ensure the safe return to Ukraine of all Ukrainian children who have been unlawfully deported to Belarus. The EU calls on the Belarusian authorities to stop the militarisation and indoctrination of minors, urging Belarusian authorities to adhere to the country's international obligations to respect, protect and fulfil human rights, including to immediately and unconditionally release all political prisoners and to ensure free, independent and pluralistic media. The EU calls on all UN member states to take into account the deteriorating human rights situation when considering whether to extradite Belarusian citizens to Belarus. The EU raises concerns about the appalling detention conditions of political prisoners and reports of torture and ill-treatment as well as systematic violations of due process and the right to a fair trial, including through the persecution of lawyers, resulting in widespread impunity for violations and abuses. The EU urges Belarus to abolish the death penalty and, as a first step, to introduce a moratorium. We call upon the Belarusian authorities to cooperate fully with all international and regional human rights monitoring mechanisms, including the group of independent experts on the human rights situation in Belarus and the OSCE's Moscow Mechanism, granting them unhindered access to Belarus, and to implement their recommendations.

The EU reiterates its grave concern with the situation in Gaza as well as the escalating violence in the occupied Palestinian territory. The EU strongly condemns the brutal and indiscriminate terrorist attacks by Hamas and other terrorist groups against Israel on 7 October 2023 and deplores the high number of civilian casualties, including women and children.The EU expresses its full solidarity and support to Israel and its people and reaffirms its full commitment to its security and to regional stability. In exercising its right to defend itself, Israel must fully comply with its obligations under international law, including international humanitarian law, in all circumstances.

The EU reiterates its gravest concern about the deepening humanitarian catastrophe in Gaza. It notes with utmost concern the unacceptable number of civilian casualties, especially children, as well as the catastrophic levels of hunger and imminent risk of famine caused by the insufficient entry of aid into Gaza. It calls on all parties to take every feasible step to fulfil their duty to protect civilian lives. The EU calls on all parties to ensure the protection of all civilians, at all time, in line with International Humanitarian Law. The EU insists on the need for an immediate ceasefire, the unconditional release of all hostages and the implementation of the relevant UN Security Council Resolutions, including 2735, allowing for full, rapid, safe and unhindered access to humanitarian aid at scale for those in need, and for humanitarian workers to operate effectively and safely inside Gaza. The EU calls on all parties for the protection of all civilian infrastructure, including medical facilities, schools and UN premises, as well as other infrastructure meant to facilitate the delivery of humanitarian assistance. The EU supports the ongoing efforts by the US, Egypt and Qatar to broker a ceasefire. We call on all sides, including Israel to fully cooperate with the OHCHR and UN mechanisms. We call on all parties to facilitate access for the ICRC, including to theSde Teiman detention facility in Israel. We welcome the work of the ICRC to secure the release of hostages and call for full access to the hostages in Gaza. The EU remains gravely concerned about the extensive recourse by Israel to indiscriminate arrests and administrative detention without formal charge, which has increased since 7 October 2023. We call on Israel to respect, protect and fulfil the human rights of Palestinians minors, faced with arrest and detention, in line with international obligations and standards regarding the detention of children.

The EU stresses the importance of respecting and implementingthe orders rendered by the International Court of Justice (ICJ) which are legally binding.

The EU strongly condemns the ongoing extremist settler violence in the West Bank, including East Jerusalem. The EU condemns the Israeli government's decisions to further expand illegal settlements across the occupied West Bank and urges Israel to reverse these decisions. Settlements are illegal under international law and constitute an obstacle to peace based on the two-State solution. Israel must stop settlement expansion in the West Bank, along with evictions, demolitions, confiscations, harassments, and forced transfers, prevent settler violence and fully ensure that perpetrators are held accountable. We call on Israeli authorities to act upon this situation to fulfil its obligation to protect Palestinian civilians and their legal properties.

The EU reiterates its unwavering commitment to a lasting and sustainable peace, in accordance with the relevant resolutions of the UN Security Council, on the basis of the two-state solution, with the State of Israel and an independent, democratic, contiguous, sovereign, and viable State of Palestine, living side by side in peace and security and mutual recognition. The EU will actively contribute to a coordinated international effort to rebuild Gaza. It will also support the Palestinian Authority as it undertakes the necessary reforms.

The EU remains deeply concerned about the human rights situation in Iran. The EU calls on Iran to refrain from any future executions and move towards the abolition of the death penalty. In particular, the use of death penalty as a response to domestic dissent is unacceptable. The Iranian authorities need to uphold due process rights, and ensure that those who are under any form of detention or imprisonment are not subject torture, rape, or other to mistreatment. We call on Iran to cease its widespread resort to arbitrary detentions, including of foreign citizens and dual nationals. The EU calls on Iran to release all those arbitrary and unjustly detained, including in relation to the exercise of their rights to peaceful assembly and freedom of expression, journalists and human rights defenders. The freedoms of opinion and expression, online and offline, and other civic freedoms continue to be significantly curtailed, and Iran also continues to repress the rights of persons belonging to ethnic and religious minorities. We urge the Iranian authorities to uphold their obligations under international law, including the International Covenant on Civil and Political Rights, to which Iran is a party. We urge Iran to ensure protection of women and girls against all forms of discrimination in public and private life, against sexual and gender-based violence. We reiterate our call to Iran to allow free and unhindered access to the country for relevant UN Human Rights Council's Special Procedures mandate holders and to fully cooperate with the independent, international Fact Finding Mission.

The EU reiterates its commitment towards an Afghanistan at peace with itself, its neighbours and the wider international community, respecting the rights of its citizens and meeting its international obligations. The EU is appalled by the recent so-called Law on "Propagation of Virtue and Prevention of Vice", which confirms and extends severe restrictions on the life of Afghans imposed by the Taliban, especially on women and girls. The EU condemns the systematic and systemic human rights violations and abuses in Afghanistan, particularly systematic discrimination by the Taliban against all women and girls, which may amount to gender persecution, a crime against humanity under the Rome Statute of the ICC to which Afghanistan is a State party. The EU calls on the Taliban to ensure Afghan women's and girls' full and equal enjoyment of human rights, including to quality education for all and fundamental freedoms, such as freedom of expression, movement and work, as well as their empowerment, meaningful participation and leadership, full, equal and meaningful participation in decision-making, in all spheres of society and public life, as well as protection from all forms of violence. It also calls for the protection of the rights of persons belonging to minorities and persons in vulnerable situations including ethnic and religious minorities, such as the Hazara, as well as LGBTI persons. An inclusive political process, with participation of all Afghans is required to ensure sustainable peace, stability and prosperity in Afghanistan. The Taliban must abide by Afghanistan's international obligations, including under the CEDAW and CRC. The EU supports the United Nations Assistance Mission in Afghanistan (UNAMA) under its comprehensive mandate with a strong human rights component and the renewal of the mandate of the Special Rapporteur on the human rights situation in Afghanistan. The EU calls on the Taliban to grant him unhindered access to the country to report and document, to allow for the proper fulfilment of his mandate. The EU supports the appointment of a UN Special Envoy for Afghanistan in accordance with UNSC Resolution 2721 (2023), as well as the recommendation in the UN Special Coordinator's independent assessment to create a performance-based road map for engagement with the Taliban, including benchmarks on Afghanistan's treaty obligations regarding human rights.

The EU reiterates its concerns about the very serious human rights situation in China. Numerous reports by UN Treaty Bodies and Special Rapporteurs, and in particular OHCHR's assessment report on human rights in China's Xinjiang Uyghur Autonomous Region, confirm that the human rights situation requires the urgent attention of the Government of China, UN bodies and the human rights system. The EU remains concerned about political re-education camps, mass arbitrary detentions, widespread surveillance, tracking and control measures, systemic and severe restrictions on the exercise of fundamental freedoms, including freedom of religion or belief, as well as the non-transparent use of the death penalty, the use of forced labour and labour transfer schemes, torture, forced abortion and sterilization, birth control and family separation policies, and sexual and gender-based violence, especially in Xinjiang. The human rights situation in Tibet continues to be dire. Indicators of this include obligatory boarding schooling and DNA sampling, as reported by civil society organisations. The EU will closely monitor the preservation of the fundamental freedoms, cultural heritage and identity of Tibetans and calls on China to ensure full bilingual education both in Tibetan and Chinese at all levels of the schooling system. Cases of closure of schools teaching in Tibetan language are a worrying development. The EU also encourages China to allow more visits from the international community, UN Special Procedures Mandate Holders and civil society organisations to Tibet. Human rights defenders, lawyers, journalists, other media workers, academics, writers and intellectuals among others continue to be exposed to harassment, intimidation and surveillance, including at transnational level. They are subjected to exit bans, house arrest, torture and ill-treatment, unlawful detention, sentencing and enforced disappearance including via Residential Surveillance in a Designated Location (RSDL) that could amount to torture and ill-treatment. The EU urges China to introduce a moratorium on the death penalty, adopt rigorous procedures for reviewing capital sentences and reporting death penalty cases. China must also respect the principle of non-refoulement and refrain from extraterritorial activities (including coercion) that are not in line with international law. The EU expects China to cooperate effectively with the OHCHR and to implement the recommendations of its assessment report on Xinjiang and of the Universal Periodic Review, as well as with international human rights mechanisms, including all relevant Special Procedures mandates, and the Committee on the Elimination of Racial Discrimination and the Committee against Torture. The EU condemns all reprisals against those individuals and/or civil society organizations who seek to cooperate with the United Nations to promote and protect human rights. The EU continues to urge China to abide by its obligations under national law, including its own Constitution, and international law, to respect, protect and fulfil the rule of law and human rights for all, including Uyghurs, Tibetans and other persons belonging to national or ethnic, linguistic, religious or other groups and minorities across China.The EU continues to closely monitor the situation and calls for the immediate and unconditional release of human rights activists, among others, Gulshan Abbas, Anya Sengdra, Ekpar Asat, Chadrel Rinpoche, Chen Yunfei, Rahile Dawut, Ding Jiaxi, Ding Yuande, Gao Zhisheng, Go Sherab Gyatso, Golog Palden, He Fangmei, Huang Qi, Huang Xueqin, Hushtar Isa, Yalkun Isa, Li Yanhe, Peng Lifa, Qin Yongming, Qin Yongpei, Ruan Xiaohuan, Semkyi Dolma, Tashi Dorje, Tashpolat Tiyip, Sakharov Prize winner Ilham Tohti, Wang Bingzhang, Wang Jianbing, Pastor Wang Yi, Kamile Wayit, Xu Na, Xu Qin, Xu Yan, Xu Zhiyong, Yang Henjung, Yang Maodong, Yu Wensheng, and Pastor Zhang Chunlei and Zhang Zhan, as well as EU citizen Gui Minhai whose right to consular access must be respected.

The EU remains concerned about the human rights situation in Hong Kong. The repressive use of the National Security Law continues to undermine human rights and fundamental freedoms. The broad and vague definition of certain provisions in the new national security legislation adopted in March 2024 and the first arrests under the new legislation add to these concerns. The legislation exacerbates the erosion of fundamental freedoms and political pluralism in the Special Administrative Region. Of particular concern is its extraterritorial application, including the decision to issue arrest warrants for 13 individuals living outside Hong Kong. The sweeping changes in the electoral system have eroded democratic principles and political pluralism. The EU is following with great concern the national security trials of politicians, media practitioners and pro-democracy advocates, including Jimmy Lai and Chow Hang-tung, and is very concerned about the guilty verdict against the former editors of Stand News. The EU urges the Chinese government and the Hong Kong authorities to restore full respect for the rule of law, fundamental freedoms, and democratic principles, and to preserve Hong Kong's high degree of autonomy under the 'one country, two systems' principle, in compliance with Hong Kong's Basic Law and China's domestic and international obligations.

The EU remains deeply concerned about the war in Sudan. Numerous reports point to grave and repeated violations against Sudanese civilians, especially women and children, including deliberate attacks, widespread use of rape and sexual and gender-based violence, targeting on the basis of ethnicity, enforced disappearances, arbitrary detentions, child recruitmentand forced displacement of over 11 million people. Particular onus should be put on preventing and ensuring accountability for atrocity crimes committed throughout the country and elsewhere by the belligerents and their associated militias, including many which may amount to war crimes and crimes against humanity. The EU is further appalled by reports assessing that famine has been declared in North Darfur State and that 13 other areas are at risk. It underscores that the armed conflict is affecting the country as a whole. Humanitarian and human rights law continue to be violated on a daily basis. The EU continues to call for an immediate and lasting ceasefire, enforced by an independent international mechanism, in order to reach a sustainable peaceful solution to the conflict.

The EU is alarmed by the increasing insecurity and severe human rights violations in Mali and Burkina Faso, exacerbated in Mali by the conflict in the north and the activities of Russian proxies, including the Wagner Group. The postponed elections, and the severe restrictions on civic space in both countries, are of serious concern, particularly with the discriminatory conscription of human rights defenders, journalists and political opposition. The unilateral decisionsto withdraw from ECOWAS undermines the chances of a successful transitions. The worsening security situation has significantly heightened humanitarian needs. The EU is aware of the multidimensional nature of the security problems facing Mali and Burkina Faso. While recognizing and condemning the atrocities committed by non-state armed groups, the EU continues to call on Malian and Burkinabe authorities to uphold human rights, international humanitarian law and democratic principles. The EU urges both countries to ensure full accountability for violations and abuses of human rights by non-state armed groups, security forces and foreign security personnel.

The EU is concerned about Haiti's worsening humanitarian crisis and the growing strength and extreme violence of the armed gangs, including conflict related sexual violence. More than 580.000 Haitians are internally displaced. The EU commends the willingness of new Haitian authorities to support the work of the Multinational Security Support Mission, established by UNSCR 2699/2023 to assist the Haitian police in restoring public security and building security conditions conducive to holding inclusive and peaceful elections. It recalls that provisions in this resolution are designed to ensure that the Mission will be in full compliance with human rights standards. The EU will continue to provide support for Haiti's stability, development, and integration in the Caribbean region. We call on all relevant stakeholders to continue to cooperate earnestly to address the long-running political, security and humanitarian crisis.

The EU reiterates its serious concerns about the deeply worrying situation and the continued deterioration in the areas of democracy, rule of law, human rights, fundamental freedoms and the independence of the judiciary in Türkiye. The EU remains concerned about targeting of political parties, civil society representatives, journalists, academics, human rights defenders, LGBTI persons and others, including through detentions. As an EU candidate country and long-standing member of the Council of Europe, Türkiye is expected to apply the highest democratic standards and practices. In this context, in line with Article 46 of the ECHR, the EU calls on Türkiye tocomply with European Court of Human Rights (ECtHR) judgements, including regarding the release of Osman Kavala. The EU reiterates its call on Türkiye to comply with its obligations under international law, including human rights law and to respect, protect and fulfil human rights and the rule of law - including the property rights of persons belonging to minorities and legal entities representing minorities. Human rights are non-negotiable and they will continue to be an integral part of EU-Türkiye relations.

Thank you.

*North Macedonia, Montenegro and Albania continue to be part of the Stabilisation and Association Process.

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