European Commissioner for Human Rights points out that only sustainable peace can provide basis for return of Ukrainian refugees - memo
The memorandum on the human rights elements for peace in Ukraine notes that the return of refugees and internally displaced persons to Ukraine can only take place in conditions that ensure a just and sustainable peace. It also notes that their temporary protection schemes in European countries should be continued, published by European Commissioner Michael O’Flaherty on the website of the Council of Europe Office in Ukraine on Wednesday.
"Only a just and sustainable peace can provide a solid basis for the return of Ukrainian refugees and IDPs. The Commissioner considers that respect for human rights must be at the heart of all planning for the return of IDPs and refugees, including as part of any discussions surrounding the peace process. All persons displaced by the conflict have the right to return to their homes or places of habitual residence," the document notes.
"Any returns should take place in conditions of safety and dignity. They should result from a truly voluntary and well-informed decision, based on the provision of accurate information from authorities, and in the absence of any undue legal, physical, or psychological pressure. At the same time, those who are unable to return or who choose not to do so should be provided with an effective opportunity to integrate in their host communities or another community of their choice," the document notes.
As regards Ukrainians currently enjoying protection in other Council of Europe member states, including under temporary protection schemes, the Commissioner considers that such protection is in recognition of the fact that its beneficiaries cannot, for the time being, return in safe and durable conditions. The protection should therefore continue to be extended for as long as the situation requires.
"Notwithstanding the current political discussions, states should plan their programmes in support of Ukrainian beneficiaries of temporary protection keeping in mind that protection needs may continue for a considerable time. Member states must fully uphold in such a situation the principle that return must be truly voluntary. The Commissioner notes that some member states have taken steps to reduce assistance to Ukrainians, possibly in an attempt to incentivize rapid returns. He cautions that certain measures may result in undue pressure on some persons currently enjoying protection in Council of Europe member states - and particularly among the most vulnerable, such as older persons or people with disabilities - which is incompatible with the principle of voluntary return. This may result in precipitated returns, potentially exposing people to human rights violations," the document notes.
In this regard, the Commissioner welcomes the commitment expressed by the Minister of National Unity of Ukraine to creating conditions for the voluntary return to Ukraine of Ukrainians living abroad, including through the so-called ‘Unity Hubs’ initiative.
The Commissioner believes that all human rights issues faced by internally displaced persons should be brought under the purview of a government body and calls on Ukraine to take steps to this end.
Commissioner O'Flaherty visited Ukraine from March 17 to March 21 and focused on the importance of including human rights as a guiding principle in any peace negotiations. The Commissioner notes that a just, lasting and effective peace can only be achieved if it is anchored in the international human rights system. The Memorandum promotes the integration of human rights into peace negotiations, bringing together the perspectives of both human rights defenders and conflict resolution specialists.
