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Friday, October 23, 2020
Prof. Aslan Abashidze is the Head of the Department of International Law at Moscow’s Friendship University and a member of the U.N. Committee on Economic, Social and Cultural Rights in Geneva.
GENEVA, Jun 8 2015 (IPS) - The “U.N. Report on the human rights situation in Ukraine”, which was referred to in an Inter Press Service (IPS) article of Jun. 2, does not, in my view, reflect many salient points.
How the lawful Government of Ukraine was overthrown is now well known. The new Kiev regime immediately announced the prohibition of the Russian language in the eastern regions of the country, inhabited mostly by the Russian speaking population.
As the U.N. report confirms, those who committed numerous murders on Maidan Square and in Odessa have not been prosecuted.
Combat aircraft of the Ukrainian Air Force, armed with a full complement of missiles, bombed the centre of Donetsk in broad daylight. These events forced the creation of militia groups to defend their interests and territory.
That is how the military confrontation between the new regime in Kiev and eastern regions of Ukraine was created – thus causing 6,500 deaths, and over a million Ukrainian refugees now living inside Russia.
The fulfillment of all provisions of the Minsk agreements (ceasefire, withdrawal of heavy weapons, delivery of aid to the needy, local elections, formation of local authorities, constitutional reforms, etc.) signed by President Petro Poroshenko would no doubt preserve the territorial integrity of the Donetsk People’s Republic (Donetsk) and Luhansk People’s Republic (Luhansk) regions by obtaining acceptable status within the Ukrainian State.
Instead, what are we facing in fact?
The shelling of civilian areas in the eastern regions continues unabated. The observers of the Organisation for Security and Co-operation in Europe (OSCE) report violations of the Minsk agreements on the side of Kiev. They probably cannot witness the Ukrainian Military incursions into East Ukraine which undoubtedly spark retaliation.
Civilians in Donetsk, including children, are dying. Various military units wearing fascist symbols act independent of the Kiev authorities, claiming they do not have to abide by Minsk Agreements.
Against this background, Poroshenko publicly states that his goal is to reclaim all areas by military force. To achieve that objective, Poroshenko mobilises the military, equips armies and recruits Private Security Companies from the U.S. and NATO Member States as well as others such as Georgia. Also, he continuously requests aid from Western countries — not only billions of dollars, but also heavy military equipment, including lethal weapons.
What for? To make peace or wage war?
Recently, the Ukraine Parliament – on the pretext of “anti-terrorist operations” – adopted an Act on the non-respect of human rights in Donetsk and Luhansk. But no one, including the Office of the U.N. High Commissioner for Human Rights (OHCHR), reminded the Ukrainian authorities that it is a violation of Article 4 of the International Covenant on Civil and Political Rights. In doing so, the Ukrainian authorities ignored the basic human right of the right to life.
It is also required that before passing such drastic laws, the country should declare a state of emergency, and clarify the need and duration of such a regime.
To declare a state of emergency, the Kiev authorities have to first recognise that an internal armed conflict exists in their territory, and secondly, they have to adhere to Article 3 that is common to four Geneva Conventions for the Protection of Victims of War of 1949 and Protocol II Additional to the Geneva Conventions of 1977.
In such a scenario, Kiev may not have access to loans from the International Monetary Fund (IMF) and others, and it would not ethical to keep draconian restrictions of a socio-economic nature at the expense of the poor segment of the population while doing nothing against the high-level of corruption in government sectors.
Furthermore, the Kiev authorities have arbitrarily cancelled the benefits of the Chernobyl nuclear disaster victims, as well as child allowances. The U.N. human rights laws prohibit such retrogressive measures that worsen the situation of vulnerable groups.
Blatantly ignoring its social and economic obligations, the Kiev authorities have stopped supplying most needed medications; stopped paying pensions and benefits to people in those regions; and have blocked all food and essential items supply routes to these beleaguered regions.
What is also not acknowledged is the fact that since the beginning of this disaster, the Russian Federation has voluntarily sent 29 convoys of humanitarian aid to these regions, and that Russia provided natural gas after Kiev cut gas supplies to these regions in the height of the winter.
On Jun. 4, Poroshenko told the Parliament they will withdraw the economic blockade against Donetsk and Luhansk only if these regions came under their total control.
To achieve this, the Kiev authorities declared a total mobilisation of reservists and strengthened the bombing of the territory by large-scale artillery shells.
The selective approach of human rights organisations in relation to certain events raises concerns. Though more than 6,500 people have died and millions displaced, no one clarifies why the numbers are growing. No one admits that these regions face a humanitarian catastrophe.
You may ask: What else can we do “to stop armed activities in the eastern part of Ukraine”, even though it is the paramount condition spelled out in the Minsk agreements signed by the leaders of Ukraine, Russia, Germany and France, and supported by the U.S.?
First, of course, is to ensure that the Ukrainian authorities unreservedly honour the ceasefire. Secondly, if Kiev does not control certain military groups in territories under its control, then they should be disarmed by the OSCE peacekeepers.
Unfortunately, the structures of international organisations, including U.N. human rights structures, are subject to political influence from the United States and its NATO allies, which has led to a sharp decline in credibility of these establishments.
As we know, the U.S. continues its attempts to control world affairs – including world football. If this trend continues, the principles and norms of international law enshrined in the U.N. Charter will cease to operate – paving the way for military commanders to solve world problems. Any child understands that it would lead to the death of our civilisation.
The U.N. Charter states that “All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.”
There is no dispute in the world that cannot be resolved by peaceful negotiations. Figuratively speaking, we live in an “armed peace”, and in conditions of increasing threats and challenges.
What we need is the political will of world leaders to decide what kind of a world we want to live in – and for generations to come.
Edited by Kitty Stapp
The views expressed in this article are those of the author and do not necessarily represent the views of, and should not be attributed to, IPS – Inter Press Service.
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