Our Association continues cooperation with UN structures informing them on Russia’s gross human rights violations an war crimes on Russia-occupied territories of Ukraine, including the Crimea. Earlier ARC sent proposals to the UN Committee on Enforced Disappearances (UN CED) for preparing its General Comment on enforced disappearances in the context of migration in framework of CED’s concept note adopted on April 2022.
In ARC’s relevant submission, prepared by Professor Borys Babin and published by UN CED we informed Committee that lot of persons, including them who tried to evacuate themselves from conflict zone in South of Ukraine, were killed or kidnapped by Russian troops, terrorist groups and punitive structures as “non-loyal” ones and during looting their property.
ARC pointed about issue of Ukraine’s children, kidnapped by Russian criminal structures, often with fake “Russian citizenship”, and with transfer child to Russia for “adoption”. Later UN CED adopted draft of its First General Comment on enforced disappearances of migrants and in June, 2023 ARC commented it additionally upon the Committee’s invitation. ARC stressed to UN CED that in conditions on hostilities and interstate conflict demands of Rome Statute, Geneva Convention and Additional Protocols must be taken in account regarding war crimes and crimes against humanity committed as enforcement disappearances.
Now UN CED published officially its General comment No. 1 (2023) on enforced disappearance in the context of migration CED/C/GC/1 and CED recognised in it the negative impact of international armed conflicts, persecution, discrimination and high crime rates on migration in context of enforced disappearances. General comment included to “missing persons” the persons who, on the basis of reliable information, have been reported missing in accordance with national legislation in connection with an international armed conflict. Also CED stressed in General comment that principle of non-discrimination is fundamental regarding migration, being regarded as a jus cogens norm.
Also CED pointed specially in General comment that children should never be deprived of their liberty for reasons related to their or their parents’ migratory or residence status, or lack thereof, or solely on the basis of being unaccompanied or separated, and unaccompanied minors who are apprehended in the course of migration should be referred to child protection authorities. So CED General comment No. 1 (2023) seems to be important in counteraction against Russia-committed illegal deportations and enforced disappearances.