UNITED NATIONS HUMAN RIGHTS COUNCIL

55^th Session

Item 4 General debate on human rights situations that require the Council’s attention

20 March 2024

EU Statement

Mister President,

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

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

Regarding the situations in Syria, Myanmar/Burma, Venezuela we would like to refer to our statements during the respective interactive dialogues.

Mr Navalny’s shocking death is yet another sign of the accelerating and systematic repression in Russia. The EU repeats its call on Russia to immediately and unconditionally release all political prisoners, including amongst others Vladimir Kara-Murza, Alexey Gorinov, Maria Ponomarenko and Oleg Orlov. We are seriously concerned about the continued systematic crackdown on civil society by the Russian authorities, and their disregard for the human rights of their own citizens. Russia’s illegal, unprovoked and unjustified war of aggression against Ukraine has amplified internal repression, severely curtailing the freedoms of association, peaceful assembly and expression, persecuting political opposition, drastically limiting media freedom, introducing war censorship and fundamentally undermining the independence of the judiciary and the fair trial guarantees. We call on Russia to fully implement all rulings of the European Court of Human Rights. And we will continue to call upon the Russian authorities to uphold their domestic and international obligations to respect, protect and fulfil human rights, including to uphold the rights of persons belonging to minorities and persons in vulnerable situations, and to thoroughly investigate the persistent reports of violations targeting HRDs and their family members as well as persecutions, including torture, of LGBTI persons, not least in Chechnya. The EU urges Russia to fully cooperate with the UN and all special procedures related to the human rights situation in Russia.

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. With its illegal, unprovoked and unjustified war of aggression against Ukraine, Russia is grossly violating international law, including the core principles of the UN Charter, and seriously undermining European and global peace and security. We once again demand Russia to cease its aggression and immediately, completely and unconditionally withdraw all its forces and military equipment from the entire territory of Ukraine, and fully respect Ukraine’s sovereignty, independence and territorial integrity within its internationally recognised borders. We deplore the continued loss of life and humanitarian suffering in Ukraine. Reports of International monitoring mechanisms, including the UN Human Rights Monitoring Mission in Ukraine and the Independent International Commission of Inquiry, have concluded that Russia has committed a wide range of violations of international humanitarian law and international human rights law. We condemn in the strongest possible terms the atrocities committed, including indiscriminate and targeted attacks against civilians and civilian objects, extrajudicial executions, widespread and systematic torture, rape, and other forms of sexual and gender-based violence and arbitrary detention. 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 child deportation and forcible transfer from and within Ukraine. Russia should stop the illegal adoptions of these children, which violates 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 the arbitrary detentions, forcible transfers and deportations of other civilians and to release them in conditions of safety. This illegal practice must be stopped. The EU expresses full support for the work of the International Commission of Inquiry. We urge Russia to grant without delay full and unhindered access to humanitarian actors and safe humanitarian passage for civilians wishing to leave. We urge Russia to respect international humanitarian law as well as to uphold international human rights law. The victims of human rights violations and abuses are entitled to justice and reparation. The EU remains firmly committed to holding fully accountable all perpetrators of war crimes, and other crimes under international law. Russia and its leadership must be held accountable for waging the war of aggression against Ukraine. The EU encourages further efforts, including in the Core Group, to establish a tribunal for the prosecution of the crime of aggression against Ukraine.

The EU remains deeply concerned about the deteriorating human rights situation in Belarus and strongly condemns the continuing persecution and intimidation campaigns against all segments of Belarusian society. We deplore that political prisoners remain incarcerated under appalling conditions, exposed to torture and ill-treatment deprived of the right to a fair trial and of due process guarantees and subject to incommunicado detention. The EU also reiterates its demand to the Belarusian authorities to abolish the death penalty and, as a first step, to introduce a moratorium. According to the OHCHR some of the ongoing violations may amount to crimes against humanity. The parliamentary and local elections on 25 February 2024 did not meet the conditions for genuinely democratic and transparent elections, as the unprecedented level of repression, human rights violations and restrictions to political participation, including access to independent media, severely undermined the legitimacy of the electoral process. The EU calls on the Belarusian authorities to start a genuine, inclusive national dialogue, with a view to holding free and fair elections. The EU urges Belarus to immediately and unconditionally release all political prisoners, and ensure their effective rehabilitation. The EU strongly condemns the continued support provided by the Belarusian regime to Russia’s war of aggression against Ukraine and calls on Belarus to refrain from such action and to abide by its international obligations. The EU condemns the complicity of the Belarusian regime in the unlawful deportation of Ukrainian children and reiterates its urgent call on Belarus to immediately ensure their safe return to Ukraine. The EU will continue to raise Belarus’ human rights violations in international fora and to support international initiatives to hold all perpetrators to account. The EU urges Belarus to fully cooperate with international and regional human rights monitoring mechanisms.

Regarding Israel and the occupied Palestinian territory, the EU reiterates its gravest concern about the deepening humanitarian catastrophe in Gaza. UN agencies report that Gaza is at a high risk of famine and that the health system is in a state of collapse. The unconditional release of all hostages and a temporary ceasefire to ensure a sustained end to hostilities is required. The EU calls on all parties to protect all civilians, especially women and children, and allow for continued, rapid, safe and unhindered humanitarian access and aid to reach those in need through all necessary measures. The EU calls for immediate implementation of UN Security Council Resolutions 2720 and 2712. The EU deplores the incident in northern Gaza on 29 February in which more than a hundred people were reportedly killed or injured while seeking humanitarian assistance. We must continue to provide humanitarian assistance to all those in need in Gaza, ensuring that such assistance is not abused by Hamas and other terrorist organisations. The EU calls 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 strongly condemns the brutal and indiscriminate terrorist attacks by Hamas and other terrorist groups across Israel since 7 October 2023, which included, as detailed in the report of the SRSG on Sexual Violence in Conflict, multiple incidents and various forms of sexual and gender-based violence. The use of civilians as human shields by Hamas is a particularly deplorable atrocity. Israel has the right to defend itself, though it must do so in line with international law including international humanitarian and human rights law. The EU underlines that military operations must be proportionate. We are very concerned about the humanitarian consequences of a possible ground operation in Rafah, where well over a million Palestinians are currently sheltering from the fighting. The EU will continue to follow the situation in Gaza closely and call for the respect of human rights, underlining the obligation to ensure the protection of all civilians at all times in line with international humanitarian law. We urge all sides to respect international law, and call for accountability for any violations. The EU takes note of the binding provisional measures order rendered by the International Court of Justice on 26 January 2024 and urges all sides to respect international law. The EU remains gravely concerned about the situation in the West Bank, including East Jerusalem. The EU firmly condemns settler violence. Settlements are illegal under international law and constitute an obstacle to peace. Israel must stop settlement expansion, evictions, demolitions, confiscations and forced transfers, prevent settler violence and ensure that perpetrators are held accountable. 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. We call on Israel to fully cooperate with the OHCHR and relevant UN mechanisms. It is vital to restore a political horizon towards a two-state solution. Only a negotiated agreement offers a chance of security and peace for all.

The EU is deeply concerned about the human rights situation across Iran, which has further deteriorated since the crackdown September 2022, and urges 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. The freedoms of opinion and expression, online and offline, and other civic freedoms have been increasingly curtailed, as well as the rights of persons belonging to ethnic and religious minorities. We urge Iran to reverse this concerning trend. Furthermore, we call upon Iran to eliminate, in law and in practice, all forms of systemic discrimination against women and girls in public and private life and to take gender-responsive measures to prevent and ensure protection for women and girls against sexual and gender-based violence. The arbitrary use of harsh sentences and the carrying out of capital punishment to quell domestic dissent is unacceptable. The increase in executions recorded last year in Iran and the current pace of executions are appalling. The EU calls on Iran to refrain from any future executions, abolish the use of the death penalty and to provide due process to all detainees. It is also imperative for the Iranian authorities to uphold the accused individuals’ due process rights, and ensure that those who are under any form of detention or imprisonment are not subject to any form of mistreatment. The EU recalls that the prohibition of torture is absolute under international law. We call on Iran to cease without delay its widespread resort to arbitrary detentions, including of foreign citizens and dual nationals, to release all those arbitrarily detained and to uphold its obligations under the Vienna Convention on Consular relations. 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 mission’s report published on 8 March 2024 assesses that serious human rights violations have been committed by the Iranian authorities following the crackdown of the 2022 protests. The EU supports the proposal put forward by the core group to renew and combine the two mandates in a single resolution. The EU will continue to support the aspirations of people in Iran for a future where their universal human rights and fundamental freedoms are respected, protected and satisfied. The EU strongly condemns the continued support provided by Iran to Russia’s war of aggression against Ukraine and calls on Iran to refrain from such action and to abide by its international obligations.

The EU expresses its principled commitment towards an Afghanistan at peace with itself, its neighbours and the wider international community, respecting the rights of its citizens. The EU is deeply concerned about the continuing deterioration of the human rights situation, and in particular the systematic and institutionalized gender-based discrimination and violence by the Taliban against women and girls. These actions may amount to systematic gender persecution, which is recognized as a crime against humanity in the Rome Statute to which Afghanistan is a party. This includes the denial of the equal right to quality education and work for all, the rights to freedom of expression and movement, the severe limitation of the participation of women and girls in public, political, economic and social life, and the ban on women working for NGOs and the UN. The EU reiterates its call on the Taliban to respect the human rights of all Afghan people, especially those of women and girls, and to provide equal access to work and quality education for all, including at secondary and higher education level. Women and girls should have access to appropriately trained teachers and curricula that cover all subjects to prepare them for further education, employability and becoming active members of society. The EU reiterates its unwavering commitment to the empowerment of women and girls, and their full, equal and meaningful participation and leadership in all spheres of society and in discussions on the future of the country. The EU also calls for the protection of the rights of persons belonging to minorities, including ethnic and religious groups such as the Hazara, as well as LGBTI persons. The EU strongly opposes the death penalty and condemns in the strongest terms the recent public executions, which are degrading and contradictory to human dignity. The EU supports the mandate of the Special Rapporteur on the human rights situation in Afghanistan alongside other relevant UN mandates. The EU reminds the Taliban that they are accountable for human rights abuses. Afghanistan is bound by international human rights law and international humanitarian law, and is accountable for human rights violations and abuses of international conventions.

The EU remains deeply concerned about the human rights situation in the Democratic People’s Republic of Korea (DPRK). We see no indications that the DPRK has engaged in constructive action addressing the findings of the International Commission of Inquiry since its report of 2014 on systematic, widespread and gross human rights violations. DPRK continues to divert its resources into pursuing illegal weapons programmes rather than the welfare of its own people. The information available points to an aggravation of the human rights situation exacerbated by border restrictions preventing access of international humanitarian staff. The EU is particularly concerned about the situation pertaining to women and children who are disproportionally impacted by human rights violations in the DPRK. The EU strongly condemns the pervasive culture of impunity and the lack of accountability for human rights violations and abuses. The EU urges the DPRK to grant access for international humanitarian staff and assistance, and to take immediate steps to acknowledge and end all such violations and abuses including by implementing the recommendations of UN bodies, and to engage with the UN Special Rapporteur on the human rights situation in the DPRK, also in view of the upcoming fourth cycle of universal periodic review.

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 the report of human rights concerns in China’s Xinjiang Uyghur Autonomous Region by the OHCHR, 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, torture, forced abortion and sterilisation, birth control and family separation policies, and sexual and gender-based violence, especially in Xinjiang. Obligatory boarding schooling and DNA sampling, as reported by civil society organisations, are a further indicator of the dire human rights situation in Tibet. HRDs, human rights lawyers, journalists, independent reporters, 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 abide by its obligations under national law, including its own Constitution, and international law, to respect, protect and fulfil human rights for all, including Uyghurs, Tibetans and persons belonging to ethnic, religious, linguistic and other groups across China. This includes fully respecting the rule of law. 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 any extraterritorial activity (including coercion) that is not in line with international law. The EU expects China to effectively cooperate with the OHCHR and to implement the recommendations of the relevant OHCHR report on Xinjiang and with all international human rights mechanisms, including the Committee on the Elimination of Racial Discrimination and the Committee against Torture. The EU continues to closely monitor the situation and calls for the immediate and unconditional release of, among others, Anya Sengdra, Pastor Cao Sanqiang, Chadrel Rinpoche, Chang Weiping, Chen Yunfei, Cheng Yuan, Ding Jiaxi, Ding Yuande, Ekpar Asat, Gao Zhisheng, Go Sherab Gyatso, Golog Palden, Gulshan Abbas, He Fangmei, Huang Qi, Huang Xueqin, Sakharov Prize winner Ilham Tohti, Isa Hushtar, Isa Yalkun, Kamile Wayit, Li Qiaochu, Li Yanhe, Li Yuhan, Peng Lifa, Qin Yongming, Qin Yongpei, Rahile Dawut, Ruan Xiaohuan, Tashi Dorje, Tashpolat Tiyip, Semkyi Dolma, Wang Aizhong, Wang Bingzhang, Wang Jianbing, Pastor Wang Yi, Wang Zang, Xu Na, Xu Qin, Xu Yan, Xu Zhiyong, Yang Maodong, Yu Wensheng, Pastor Zhang Chunlei, Zangkar Jamyang 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 and of the Sedition Law continue to undermine fundamental freedoms. The broad and vague definition of certain provisions in the national security legislation under Article 23 of Hong Kong’s Basic Law threaten to further weaken basic freedoms in the Special Administrative Region. Of particular concern is the extraterritorial application of the national security legislation, including the Hong Kong authorities’ decision to issue arrest warrants for 13 individuals living outside of Hong Kong. The sweeping changes in the electoral system have eroded democratic principles and political pluralism, as demonstrated most recently by the District Council Elections in December 2023. The EU is following with great concern the trials of media and pro-democracy activists, including of Jimmy Lai and Chow Hang-tung. The EU urges the Chinese central government and the Hong Kong authorities to restore full respect for the rule of law, fundamental freedoms, and democratic principles. These are key 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 numerous reports of grave violations of humanitarian and human rights law by the belligerents and their associated militias in Sudan, including deliberate attacks on civilians, the widespread use of rape and sexual and gender-based violence, targeting on the basis of ethnicity, and forced displacement. We are also preoccupied with the rising numbers of enforced disappearances and arbitrary detentions. We are alarmed by the growing number of children killed or injured in the conflict and the millions of children displaced. Violations, which may amount to war crimes and crimes against humanity, are being committed, including in Blue Nile, Gezirah, Khartoum, North, River Nile and Sennar, as well as in Darfur, East Sudan and Kordofan regions. The conflict is driving record numbers of refugees to neighbouring countries, displacing almost 9 million people. Bureaucratic and other impediments continue to impair access for humanitarian actors while disease and hunger are on the rise, putting millions at risk of famine.

The EU is deeply concerned about the rising insecurity and repeated grave human right violations in Mali and Burkina Faso, worsened in Mali by the escalating conflict in the north and the activities of the Wagner Group. The EU expresses serious concerns about the delay in election preparations and severe restrictions on civic space in both countries, including discriminatory conscription of human rights defenders, journalists and political opposition in Burkina Faso. The degradation of the security situation has led to a worrying increase in humanitarian needs. 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 remains deeply concerned about Haiti’s continuous political, social and humanitarian crisis, and about the dire human rights situation in-country and the recent surge of violence by armed gangs that led to the imposition of the state of emergency in Port-au-Prince. We are concerned about rampant insecurity, the strength of armed gangs and the limited capacity of State institutions to restore security and rule of law, as reported by the UN Integrated Office in Haiti. Haiti’s international partners have a crucial role to play in supporting the Haitian state in its fight against the gangs and the multi-fold crises the country faces. The EU will continue to provide support for Haiti’s stability, development, and integration in the Caribbean region. The EU will continue to encourage political stakeholders to engage in genuine dialogue with a view to reaching a Haitian-led political solution to the crisis.

The EU remains deeply concerned about the human rights situation in Nicaragua and the absence of civic and political space, as well as ongoing widespread harassment and persecution, which affects among others independent journalism, academic and religious institutions, Afro-Nicaraguans and Indigenous Peoples, students, CSOs and HRDs, and members of the campesino movement. The repression of any form of political dissent flagrantly violates the country’s international obligations, including the International Covenant on Civil and Political Rights. We call on national authorities to urgently revoke their unilateral decision to strip a number of Nicaraguans of their citizenship, and confiscate their properties and the properties of their family members. Additionally, the EU remains deeply concerned that some individuals who were arbitrarily detained remain in prison, and calls for their prompt and unconditional release. The EU is also concerned about reports of cruel, inhumane and degrading treatment of prisoners, and the targeting of relatives of these prisoners. The EU remains convinced that a Nicaraguan-led solution to the political crisis urgently requires that the Government seek a dialogue with the opposition, inclusive of all the nation’s driving forces. Opening up the country to international human rights bodies would be a necessary and positive step forward. The EU stands ready to engage in an open dialogue with the Nicaraguan authorities and to support all efforts aimed at a democratic, peaceful and negotiated solution, while calling for those who have committed human rights violations to be held accountable.

The EU reiterates its serious concerns about the continued and deeply worrying backsliding in the areas of democracy, rule of law, and fundamental rights in Türkiye. The EU is concerned about targeting of political parties, civil society representatives, journalists, academics, human rights defenders, LGBTI persons and others, including through detentions. These developments increase concerns about the continued deterioration of respect for the rule of law and human rights, including fundamental freedoms and the independence of the judiciary. Türkiye’s decision to withdraw from the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (“Istanbul Convention”) risks compromising the protection and fundamental and human rights of all women and girls. 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, Türkiye’s continued refusal to implement the rulings of the European Court of Human Rights (ECtHR) increases the EU’s concerns regarding the Turkish judiciary’s adherence to international standards. In line with Article 46 of the ECHR, the EU calls on Türkiye to comply with ECtHR judgements, notably 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 and Montenegro continue to be part of the Stabilisation and Association Process.