Виступ делегації України на Шостому комітеті ГА ООН з пункту порядку денного "Верховентство права"

Mr. Chair,

Ukraine aligns itself with the statement delivered by the European Union, and we would like to make comments in a national capacity.

We welcome the report of the Secretary-General on strengthening and coordinating United Nations rule of law activities, addressing the national and international dimensions of the rule of law and the United Nations assistance to States.

We would like to echo the report stating that ensuring rule of law and justice systems responsive to people should remain a priority for the Organization. The devastating effects of pandemic exaggerated existing gaps in access to justice, led to massive human rights violations and abuses and caused disruptions in delivery of basic services, creating serious security concerns in particular in crisis situations. Amid the pandemic, we are witnessing attacks on national human rights institutions and activists, shrinking of civic spaces, suppressing freedom of expression online and offline. The confidence in rule of law and principles of accountability and justice is getting lower, especially of those most vulnerable, women and girls, youth and older persons, those affected by conflicts and occupations. Without promotion and protection of the rule of law, we will not be able to overcome existing challenges and restore trust in democratic principles, ensure protection of human rights for all and timely deliver justice.

Mr. Chair,

The rule of law remains an effective tool at international level to defend sovereignty, territorial integrity and to advance protection of human rights. Ukraine is committed to the peaceful settlement of any international disputes, including those resulting from the foreign military aggression.

Since 2014 we have initiated several legal cases against the Russian Federation in international courts, in particular, case concerning Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. the Russian Federation) in the International court of justice, the dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen (Ukraine v. the Russian Federation) and the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. Russian Federation) in arbitral tribunals constituted under the United Nations Convention on the Law of the Sea.

In our view, the mentioned Secretary-General report in addition to references to the cases should include a follow-up on the implementation of international courts and tribunals decisions to reflect real commitments of states to the rule of law. In particular, in the beginning of 2017 the International Court of Justice required Russia to refrain from maintaining or imposing limitations on the ability of the Crimean Tatar community to conserve its representative institutions, including the Mejlis, and ensure the availability of education in the Ukrainian language. This Order continues to be ignored despite of its binding nature. The failure of the Russian Federation to comply with the Order reflected in the General Assembly resolutions.

Moreover, the General Assembly strongly condemned the continuing and total disregard by the Russian Federation for its obligations under the Charter of the United Nations and international law regarding its legal responsibility for the occupied Ukrainian territory. The UN Secretary-General in the recent report “Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine”, which was submitted pursuant to the UN General Assembly Resolution 75/192 under the same title, called upon the Russian Federation to uphold its obligations in Crimea under international human rights law and international humanitarian law. In particular, I quote: “the Russian authorities are required to comply fully with the absolute prohibition of torture and to ensure the independent, impartial and effective investigation of all allegations of torture or ill-treatment, enforced disappearances, and arbitrary arrests and detentions in Crimea”, end of quote.

In the Joint Declaration of the International Crimea Platform held in Kyiv on 23 August 2021, participants also urged the Russian Federation to comply with its obligations as an occupying power under international humanitarian law and other applicable international law, as well as to bring an immediate end to all violations and abuses of human rights of residents of Crimea and to provide full and unimpeded access to Crimea for established regional and international monitoring mechanisms, in particular the UN Human Rights Monitoring Mission in Ukraine and the OSCE Special Monitoring Mission to Ukraine, as provided for in their existing mandates, which cover the entire territory of Ukraine, including Crimea.

Mr. Chair,

Ukraine pays particular attention and continues strengthening the rule of law at the national level. Recently a plan of transformation of the country in the areas of military security and international relations, energy independence and "green" transformation, human capital, technological development and market transformations, infrastructure and local development, as well as the rule of law was presented. Strengthening of anti-corruption architecture, judicial reform and rule of law are unconditional priorities for Ukraine.

Ukraine has made significant progress in strengthening of the rule of law despite the ongoing armed aggression of the Russian Federation. The protection of human rights, ensuring health and dignity, constitutional rights and freedoms, safe living conditions are among core priorities of state and legislative initiatives, as a draft law on the principles of the state policy on transitional justice aimed at de-occupation and reintegration the temporarily occupied territories and their inhabitants. In that regard, we support the practice of focusing debates on the rule of law in the Committee and would welcome discussions of people centered justice systems suggested by EU as subtopic for next year.

Thank you.