In framework of permanent collaboration with UN bodies and officials our Association sent earlier the submission to UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Professor Bernard Duhaime for preparation for his report to UN Human Rights Council session, that was finished this October in Geneva.
ARC submission, published at the UN official web-sources now, stressed on importance of elaboration the expert legal, financial and organizational basis for the future international agreements and the corresponding international platform of financial support for the restoration of Ukraine, carried out by third states and international institutions.
ARC submission added that some civil cases on issues of moral damage and refuting the conflict-related propaganda allegations, such as case 521/11949/24, may be a good example of documentation processes, essential for transitional justice.
The Ukrainian court in that case recognized as unlawful and as having negatively affected honor, dignity and business reputation and caused moral damage, the proclamation by three Russia-controlled persons in Crimea, of false information and the sending to the punitive structures of the aggressor state of knowingly false information related to the cessation of water supply to the Crimean peninsula via the North Crimean Canal, and court suited also relevant moral damage from those persons to ARC’s expert Dr. Borys Babin
ARC submission stressed that the UN must analyze the international mechanisms of reparations and international financial responsibility, study international mechanisms of financial support and assistance to countries in post-conflict situations, analyze the current international mechanisms of financial support and assistance to Ukraine, summarize the practice of relevant cases and proceedings in international courts and tribunals, analyze resolutions and technical regulations of international bodies, prepare a draft of an international agreement or other documents regarding future financial support for the restoration of Ukraine, including support for the territorial gromadas and indigenous Crimean Tatar people.
UN Human Rights Council discussed this October the new relevant Report A/HRC/60/32 “Documentation of gross violations of human rights and serious violations of international humanitarian law” of that UN Special Rapporteur, where the cooperation with entities, that sent the submissions on that issue, like our Association, was stressed.
Report A/HRC/60/32 pointed on above-described issues that the transitional justice strategies developed by States and international partners often fail to prioritize documentation processes and their funding. That limits the ability of national actors to collect, manage and safeguard vital information, as well as to protect the personnel and institutions involved.
Faced with local financial constraints, support is often required from external partners, such as donor States, agencies or foundations, which in turn often do not prioritize this line of funding, especially in early stages of transition. In some rare cases, funding for documentation efforts was considerable at the start of a conflict or transition, but dwindled later, as was the case with the Russian aggression in Ukraine, Report A/HRC/60/32 declared.
Report A/HRC/60/32 stressed that in situations of ongoing conflict or insecurity, documentation efforts are frequently delayed, obstructed or excluded altogether due to unstable conditions and the prioritization of peace and security imperatives. Such delays can obstruct the pursuit of accountability and deprive victims of timely acknowledgement and redress.
To address those gaps, it is essential that States, the international community and donor institutions embed documentation as a core component of transitional justice from the outset. That should not be perceived solely as a technical exercise, but as a human rights imperative and a prerequisite for the realization of truth, justice, reparation and non-recurrence, Report A/HRC/60/32 added.
UN Rapporteur recommended in Report A/HRC/60/32 the international community to develop strategies and procedures to provide protection or safe havens for documentation and archives relating to serious human rights violations stemming from State institutions, national transitional justice mechanisms, international investigative bodies and national or international tribunals; and ensure access to this information to victims and their legal representatives, affected communities and investigators, in accordance with international standards.
UN Rapporteur recommended in Report A/HRC/60/32 the civil society organizations involved in documentation to establish clear and rigorous internal guidelines and procedures for the investigation, documentation, collection, preservation, safeguarding and archiving of evidence, information and testimonies related to serious human rights violations, as well as for the interviewing of victims and witnesses, in accordance with the international standards on the matter; and ensure the adequate training of personnel in charge of these functions.
Our cooperation with UN structures on those issues will be continued.
