Amidst tectonic geopolitical shifts and the retreat of multilateralism, we are witnessing how human rights are being sidelined. A stark illustration of this are the current discussions about peace negotiations over Russia’s war against Ukraine.
Every day since the start of Russia’s full-scale invasion, people in Ukraine have endured bombardment, mass displacement, human rights violations and suffering on an unimaginable scale. Yet I have been struck by how little the reported discussions on the parameters of a future peace for Ukraine address pressing humanitarian and human rights concerns and the situation of the human beings affected by the war. Where is the human element in peace negotiations?”, rhetorically asks Oleksandra Matviichuk of the Nobel Peace Prize-winning Ukrainian organisation Centre for Civil Liberties. Her question points to a key gap that should be filled in order to reach a just and sustainable peace.
To do this, a plan is urgently needed to make human rights the guiding principle for all current and future peace efforts. Human rights considerations and a victim-centred approach need to be brought into the equation. They need to cut through the din of discussions on ways to peace in Ukraine.
Drawing on international law, global best practice and own experience, I consider the following elements essential for a human rights roadmap for a just, lasting and effective peace. Any efforts towards a future peace agreement should include them.
Accountability
Perpetrators of gross violations of human rights and war crimes must be brought to justice. This requires steady and vocal support to the International Criminal Court and to the establishment of a Special Tribunal for the Crime of Aggression against Ukraine. Ukraine’s national capacity to prosecute and try war criminals must also be supported. We also need to start thinking as early as possible about non-judicial mechanisms that help sustain peace, such as truth telling, memorialisation and others.
Redress / reparations for the victims
All victims of Russia’s aggression must obtain redress. Already now, adequate funds should be earmarked to that end. The Council of Europe is making a key contribution to this through the establishment of the Register of Damage for Ukraine and the ongoing work towards a claims commission, which will be ready to implement redress efforts.
Prisoners, children and missing persons
Release of prisoners of war and civilian detainees, returning Ukrainian children taken to Russia as well as locating victims of enforced disappearance and all other persons missing due to war should not be disregarded in any peace talk, as has also recently been called for by the Ukrainian civil society.
IDPs and refugees
Respect for human rights must be at the heart of all planning for the return of internally displaced persons and refugees.
People in temporarily occupied territories
Human rights must be upheld in territories of Ukraine temporarily occupied by Russia. Access of international human rights monitoring bodies to these territories should be guaranteed. In the liberated territories of Ukraine, human rights must also be respected.
Transitioning out from martial law
Ukraine should be supported in easing restrictions on human rights in an eventual transitioning out of martial law.
Reconstruction
To ensure that Ukraine’s reconstruction is focused on human dignity, we need human rights to run like a golden thread through all reconstruction and recovery efforts. This means that initial reconstruction efforts should target those most in need, including those whose homes have been damaged or destroyed.
EU accession
The EU accession pathway will carry with it human rights obligations as also should any peace agreement. These two important sets of commitments will need to be aligned and cross-referenced.
Role of women
In line with UN Security Council resolution 1325 (2000), any peace process must recognise the key role of women in the resolution of conflicts and include a gender perspective. As global practice persistently shows, it is not possible to have a good peace process if women are not equally represented and fully involved in all efforts towards peace.
Involvement of actors
As the victim of aggression, Ukraine should always be at the negotiating table, with the full involvement of its civil society. Furthermore, the human rights dimensions of peace will be better addressed if appropriate multilateral organizations are deeply engaged. In the particular context of Ukraine, the role of the Council of Europe is already evident, and I will support it as best I can within my mandate.
Ignoring human rights today means undermining peace tomorrow. If the suffering of people and their quest for justice is ignored any agreement is likely to prove fragile. Ukrainians have every reason to expect a peace process where humanitarian and human rights concerns stand at its heart.
I will continue to bring human rights concerns into the conversation to define the human rights parameters of Ukraine’s pathway to peace. I look forward to exploring how to address these issues during my upcoming visit to the country.
Michael O'Flaherty