Human rights defenders call for including humanitarian issues of residents of occupied territories in the negotiation process

STATEMENT

on the necessity of considering humanitarian issues of the residents of the TOT of Ukraine during the negotiation process

In recent months, the whole world has been watching the developments around the “peaceful settlement” of the Russian-Ukrainian war. Different sides have been offering contradictory information about the terms of such a settlement and the “price” of peace for Ukraine and its citizens. However, among the presented positions on the truce, there are no publicly voiced positions on ensuring the rights and support of those Ukrainian citizens living in the temporarily occupied territories (hereinafter – TOT) of Ukraine. Moreover, narratives about the need for Ukraine to “give up” part of the occupied territories, including the Autonomous Republic of Crimea (recognising the peninsula as Russian), have begun to arise.

We, the representatives of civil society organisations, are convinced that the issue of ensuring the rights of the residents of the TOT of Ukraine, who are mostly Ukrainian citizens despite the deliberate policy of the Russian Federation (hereinafter – the RF) to displace the Ukrainian population and attempts to eradicate the Ukrainian identity, should be part of the agenda of negotiations and conditions that should be imposed on the RF as the occupying state.

The situation of Ukrainian citizens living in the TOT of Ukraine is very difficult. An analysis of Russia’s actions shows that it has never considered the occupation of Ukrainian territories as a temporary phenomenon, and therefore has consistently implemented a policy of integrating the TOT of Ukraine into its legal, educational, cultural, and information systems. For example, the RF systematically imposes its citizenship, the failure to obtain which entails significant restrictions on access to medical services, social and pension benefits, education, property rights, freedom of movement, etc. The RF persecutes Ukrainian citizens under occupation, fabricates criminal cases against them, and sentences them to lengthy prison terms without any grounds. In the TOT of Ukraine (occupied until 2022 and after), the RF implements practices of enforced disappearances, torture, persecution for religious beliefs, disloyalty to the Russian occupation authorities and support for Ukraine. The RF indoctrinates and militarises Ukrainian children, of whom, according to estimates by civil society organizations, approximately 1,600,000 remain under occupation. The RF uses practices of expulsion of disloyal citizens from the TOT of Ukraine and replacing them with the Russian population. The aggressor state is mobilising Ukrainian citizens living in the TOT of Ukraine into the ranks of the Russian armed forces, including through mechanisms of openly forced or covert mobilisation, and the organisation of regular conscription in the TOT of Ukraine.

The research of systemic human rights violations in the TOT of Ukraine and the analysis of the Russian Federation’s policy towards the Ukrainian population in the TOT of Ukraine shows that the ceasefire, as well as any “freezing” processes at the front line, will not stop the occupation, and therefore the war will continue for several million Ukrainian civilians who remain under occupation. 

Despite the ongoing occupation of part of the territory of Ukraine by the Russian Federation, we are convinced that for Ukrainian citizens living in the TOT of Ukraine, the occupying state must ensure compliance with IHL regarding the regime of occupation, including the prohibition of the extension of its own legislation to these territories, forcing residents of the occupied territory to swear allegiance and changing the civil status of children, in particular, by forcing to acquire Russian citizenship, forced individual or mass transfer or deportation of persons from the occupied territory to the territory of the occupying state or to the territory of any other state, forcing to serve in the armed or auxiliary forces, as well as exerting pressure or disseminating propaganda aimed at ensuring voluntary enlistment in the military, etc.

We believe that part of the negotiations with Russia regarding the end of the war (truce, “freezing”, ceasefire or other process, regardless of the name) should include ensuring minimum conditions for the residents of the TOT of Ukraine. This should include, but not be limited to, the following steps:

1. releasing of all civilians arbitrarily detained by representatives of the Russian armed forces or the occupation authorities;
2. cessation of Russia’s unlawful practice of criminal and administrative persecution and detention of Ukrainian citizens in the TOT of Ukraine, which is used as an instrument of intimidation and political pressure; 
3. determining the temporary line of contact and establishing temporary checkpoints to allow entry and exit from the TOT of Ukraine to the government-controlled areas and vice versa (humanitarian corridors);
4. granting humanitarian access for international organisations to the TOT of Ukraine by the RF with the possibility of direct humanitarian assistance to Ukrainian citizens;
5. providing available information and access to the TOT of Ukraine to search teams to establish the location of persons missing under special circumstances;
6. ensuring the presence of international observation (monitoring) missions in all TOT of Ukraine, in particular to monitor the human rights situation;
7. ensuring the demining of settlements and civilian infrastructure in the TOT of Ukraine;
8. ensuring that Ukrainian citizens can reside in the TOT of Ukraine without the need to obtain a Russian passport or any other documents granting the “right to reside” in the TOT of Ukraine in accordance with the Russian legislation illegally extended to the TOT of Ukraine;
9. ensuring unimpeded access of Ukrainian citizens in the TOT of Ukraine to medical services, social and pension benefits, education, property rights, and freedom of movement;
10. ensuring that residents of the TOT of Ukraine who have been forcibly displaced to the territory of the RF or within the TOT of Ukraine are able to return to their homes or leave for the territory controlled by the Government of Ukraine. 

Given the importance of ensuring the rights of Ukrainian citizens who remain under occupation, we are convinced that the demands to the RF to guarantee their fundamental rights and freedoms should be clearly formulated within the negotiation process. These demands should not only be expressed, but also enshrined in any peace agreements or documents to be signed between the parties. Only by considering these legal guarantees can we ensure the restoration of peace, stability and dignity for all Ukrainian citizens, regardless of where they are located.

28 March 2025

The Human Rights Centre ZMINA

NGO Civil Holding GROUP OF INFLUENCE

NGO CrimeaSOS

CF Stabilization Support Services

The Crimean Human Rights Group

CF East SOS

NGO Donbas SOS

CF Right to Protection

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