United Nations Human Rights Council

54^th Session

11 September – 13 October 2023

EU Statement under Item 4 (Human Rights Situations that require the Council's attention)

Mister President,

I have the honour to speak on behalf of the European Union. The European Union welcomes this opportunity to discuss human rights situations that require the Council's attention.

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

With regard to the situations in Ethiopia, DRC, Sudan, Syria, Burundi, Ukraine, Venezuela and Myanmar, we would like to refer to our statements during the respective interactive dialogues.

We condemn in the strongest possible terms Russia’s full-scale invasion of Ukraine starting on 24 February 2022. By its 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. Furthermore, Russia continues to weaponise food, exacerbating the global food crisis and affecting the right to food around the world. We condemn Russia’s decision to terminate the Black Sea Grain Initiative (BSGI), and condemn its deliberate attacks on Ukrainian Black Sea and Danube ports and agricultural facilities, which according to all reports have intensified. These actions further disrupt grain deliveries worldwide, causing global food price volatility and impacting the most vulnerable. We once again demand Russia to stop its ongoing aggression and immediately, completely and unconditionally withdraw all its forces, proxies 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 in Ukraine. These violations include indiscriminate attacks as well as intentional attacks against civilians and civilian objects, a widespread pattern of extrajudicial and summary executions, torture, ill-treatment and unlawful confinement, rape and other forms of sexual and gender- based violence. Many of these violations amount to war crimes, some may amount to crimes against humanity. The EU condemns in the strongest terms Russia’s forcible transfer of Ukrainian children and other civilians within Ukrainian territories temporarily occupied by Russia, and their deportation to Russia and Belarus. It calls on the Russian and Belarusian authorities to immediately ensure their safe return. 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. Safe humanitarian passage for civilians wishing to leave must be ensured. We urge Russia to respect international humanitarian law as well uphold international human rights law. The victims of human rights violations and abuses deserve justice and reparation. The EU remains firmly committed to ensuring that Russia is held fully accountable for its war of aggression against Ukraine.

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 unjustified and unprovoked war of aggression against Ukraine has amplified internal repression in Russia, drastically limiting the freedom of opinion and expression as well as and media freedom and freedom of assembly and association and introducing war censorship. We continue to strongly condemn the severe expansion of restrictive legislation and systematic repression against civil society and human rights defenders, as well as the unabated crackdown on independent media, individual journalists, political opposition members and other critical voices. We reiterate our call for the immediate and unconditional release of all political prisoners, such as Alexei Navalny, Ilya Yashin, Vladimir Kara-Murza, Alexey Gorinov and Yuri Dmitriev. We also call on Russia to fully implement all rulings of the European Court of Human Rights. We will continue to call upon the Russian authorities to uphold their domestic and international obligations to respect human rights and ensure equality before the law. We continue to call on Russia to respect and protect the rights of persons belonging to minorities, including religious minorities and persons in vulnerable situations and to thoroughly investigate the persistent reports of grave human rights violations and unlawful actions towards human rights defenders and their family members as well as persecutions, including torture, of LGBTI persons, in particularly in Chechnya. The EU calls on the Russian Federation to fully cooperate with the UN and all special procedures related to the human rights situation in the Russian Federation.

The EU continues to be deeply concerned about the deteriorating human rights situation in Belarus, including widespread and systematic violations of international human rights law by the authorities, some of which may amount to crimes against humanity, as reported by the High Commissioner for Human rights and the Special Rapporteur on the situation of human rights in Belarus. We strongly condemn the continuous repression and intimidation campaigns against all segments of civil society, including human rights defenders, journalists and trade unionists, persons belonging to the Polish and Lithuanian minority, as well as ordinary citizens who simply exercise their right to freedom of expression. We are particularly concerned about the increase in the practice of incommunicado detention, which targets political prisoners and inhumane detention conditions, including denial of proper medical care, legal assistance, and contact with families. The recent decision by the authorities of Belarus to ban citizens from renewing their passports abroad further intensifies repressions against Belarus citizens. The EU strongly condemns the continued military support for Russia’s war of aggression by the Belarusian regime and calls on the authorities to immediately stop enabling Russia’s war of aggression against Ukraine and allowing Russian forces to use the Belarusian territory. We condemn that the Belarusian authorities have allowed its territory to serve as a launchpad for attacks against Ukraine. We also condemn in the strongest possible terms Russia’s unlawful deportation of Ukrainian children to Belarus and we call on Belarus to immediately ensure their safe return. The EU deplores the extension by the Lukashenko regime of capital punishment to civil servants and military personnel for the crime of high treason, which is the second extension of the scope of application of the death penalty in less than a year. The EU continues to condemn attempts to instrumentalise migrants for political purposes, including when used as leverage or as part of hybrid destabilizing actions at the EU Eastern border. The EU urges the Belarusian authorities to immediately stop the repression, state-sponsored disinformation and start a genuine, inclusive national dialogue. The EU also reiterates its demand for the immediate and unconditional release of all political prisoners and urges the Belarusian authorities to abolish the death penalty and, as a first step, to introduce a moratorium. The EU will continue to raise the human rights violations in international fora and to support international initiatives to hold all perpetrators to account, including through the UN Office of the High Commissioner for Human Rights, the Special Rapporteur on the situation of human rights in Belarus, and the International Accountability Platform for Belarus. We reiterate our call on the Belarusian authorities to fully cooperate with the Special Rapporteur and with the OHCHR examination on Belarus, including by granting access to the country.

The EU takes note of the stated priorities of Türkiye’s new government, including a potential constitutional change. This should be an opportunity for Türkiye to address the many serious shortcomings. The EU continues to deeply regret the 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 and others including with 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 rights of 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 and European standards. The EU calls in particular on Türkiye to comply with the two ECtHR judgements 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 property rights of persons belonging to minorities and minorities’ legal entities, as well as the right to take part in cultural life in accordance with Türkiye’s international commitments. Human rights are non-negotiable and they will continue to be an integral part of EU-Türkiye relations.

The EU remains deeply concerned by the increasing violence and extremism in the occupied Palestinian territory (oPt) and Israel, which are leading to appalling numbers of Israeli and Palestinian victims, including children. The situation in Gaza and the West Bank, including East Jerusalem, is a great cause for concern. While recognising Israel’s right to defend itself and to protect its civilian population, the EU recalls that the use of force must be proportionate and in line with international human rights law and international humanitarian law and only as a last resort when it is strictly unavoidable in order to protect life. The EU reiterates its fundamental commitment to Israel’s security and strongly condemns all forms of terrorism, including recent terror attacks in Israel and the occupied Palestinian territory, including East Jerusalem, as well as indiscriminate launching of rockets into Israel by Hamas, the Palestinian Islamic Jihad and other terrorist groups. The EU is concerned about the increasingly high number of civilian casualties, including women and children, as a result of actions inter alia by Israeli security forces, and recalls that the use of force must be proportionate and in line with international humanitarian law. The EU reiterates its strong opposition to Israel’s settlement policy and actions taken in this context. Settlements are illegal under international law. The EU calls on Israel to halt continued settlement expansion, regularization under Israeli law of illegal outposts, evictions, demolitions, confiscations and forced transfers. We also condemn indiscriminate violence by Israeli settlers against Palestinian civilians, including destruction of homes and properties. Israel must stop settlement expansion and legalisation, prevent settler violence, and ensure the perpetrators are held accountable. Underlining the necessity to respect the status quo also for the Christian holy sites, which are under increasing pressure, the EU reiterates the importance of maintaining peaceful coexistence of all three monotheistic religions and their practitioners. The EU calls on the parties to take concrete steps towards restoring a political horizon towards a two-State solution and relaunching the peace process as soon as possible, and remains ready to give its support to this end. We call on Israel to cooperate with and facilitate access for all UN mandate holders, including those of the OHCHR.

We draw particular attention to restrictions on human rights in the oPt. We call on the Palestinian Authority to uphold human rights, in the areas where it is able to exercise control, and to thoroughly investigate alleged violations as well as recall the responsibilities of the de facto authorities in Gaza in this regard. The EU recalls its firm opposition to the use of capital punishment. The worsening humanitarian and human rights situation in the Gaza Strip remains of grave concern. We call for an end to the closure of Gaza, full opening of the crossing points, and unimpeded access for humanitarian actors while addressing Israel's legitimate security concerns. The EU is deeply concerned by a worrying reduction of space for civil society in the occupied Palestinian territory. A free and strong civil society is indispensable for promoting democratic values and for the two-state solution. The EU calls on Israel to refrain from any action that would prevent these organisations from continuing their critical human rights, humanitarian and development work in the occupied Palestinian territory. The EU remains concerned about the extensive recourse by Israel to administrative detention without formal charge. It calls 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.

The EU reiterates its concerns about the very serious human rights situation in China. Based on numerous reports by UN Special Rapporteurs and in particular evidenced based the assessment report of human rights concerns in China’s Xinjiang Uyghur Autonomous Region by the OHCHR, the human rights situation requires the immediate attention of the Government of China, United Nations intergovernmental bodies and the human rights system. Of particular EU concern remain 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 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 recently by civil society organisations, can further indicate of the dire human rights situation in Tibet. Uyghurs, Tibetans and persons belonging to ethnic, religious and linguistic minorities continue to be subjected to human rights violations. Human rights defenders, human rights lawyers, journalists, independent reporters, other media workers and intellectuals continue to be exposed to harassment, intimidation and surveillance and 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. With a view to the seriousness of the human rights situation, 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 and linguistic minorities across China. This includes fully respecting the rule of law. 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 encourages China to effectively cooperate with the OHCHR, including towards the implementation of the recommendations of the assessment report and with all international human rights mechanisms. The EU continues to closely monitor the situation and calls for the immediate and unconditional release of, among others, Pastor Cao Sanqiang, Chang Weiping, Chen Jianfang, Chen Yunfei, Cheng Yuan, Ding Jiaxi, Dong Guangping, Gao Zhisheng, Go Sherab Gyatso, Guo Quan, He Fangmei, Huang Qi, Huang Xueqin, Sakharov Prize winner Ilham Tohti, Kamile Wayit, Li Qiaochu, Li Yanhe, Li Yuhan, Peng Lifa, Qin Yongming, Qin Yongpei, Rinchen Tsultrim, Ruan Xiaohuan, Tashi Dorje, Tashpolat Tiyip, 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 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 undermine fundamental freedoms. Of particular concern is the extraterritorial application of the national security legislation, including the Hong Kong authorities’ decision to issue arrest warrants for eight individuals living outside of Hong Kong. The sweeping changes in the electoral system erode democratic principles and political pluralism. The EU is following with great concern the trials of politicians and pro-democracy actors. 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 expresses its principled commitment to peace, stability and prosperity in Afghanistan and to supporting the Afghan people. The EU urges the Taliban to ensure that all Afghans can equally enjoy their human rights and emphasizes that women and girls in Afghanistan must have free and equal access to all spheres of public life. An inclusive political process, with full, equal and meaningful participation of all Afghans, notably women and girls, as well as of persons belonging to all ethnic and religious groups and minorities, is required to ensure sustainable peace. The EU is deeply concerned about the continuing deterioration of the human rights situation in Afghanistan, and in particular the systematic discrimination against women and girls. The EU strongly condemns the Taliban violations and abuses of human rights of all women, children, older persons, journalists and media workers, peaceful protesters human rights defenders and members of their families, lawyers, judges, prosecutors, prisoners, former government employees and military personnel, members of ethnic and religious minority communities, and persons in vulnerable situations, including LGBTI-persons. Violations and abuses include those involving summary or extrajudicial executions, arbitrary detentions, physical abuse, torture, enforced disappearances and other ill-treatments. The arrest of protestors and curtailing the space for civil society and the media is unacceptable. The EU strongly condemns the continuous dismantling of the rule of law and independence of the justice system in Afghanistan. The EU reminds the Taliban that Afghanistan is bound by international human rights law and international humanitarian law, reiterate the need for accountability for violations and abuses of human rights and international humanitarian law, and recalls that Afghanistan is a party to the Rome Statute. The EU calls on the Taliban to provide equal access to public education according to international standards for all, including by opening schools and universities for women and girls. The EU also urges the Taliban to immediately lift the ban on Afghan women to work for national and international non-governmental organisations and the UN, which contravenes international law and humanitarian principles. Finally, we call on the Taliban to continue cooperation with the UN, including the United Nations Assistance Mission in Afghanistan with the Special Rapporteur on the Situation of Human Rights in Afghanistan and other Special Procedures mandate holders appointed by the Human Rights Council. 

The EU remains deeply concerned about the human rights situation across Iran, which has further deteriorated over the past year. The freedoms of opinion and expression and other civic freedoms have been increasingly curtailed, as well as the rights of persons belonging to ethnic and religious minorities. 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 in all its forms. We are appalled by the way the Iranian authorities handle domestic dissent. This includes the use of harsh sentences and the carrying out of capital punishment against individuals who have exercised their civic freedoms. Taking into account the worrying increase in executions in Iran over the past year, the EU calls on Iran to refrain from any future executions, provide due process to all detainees and pursue a consistent policy towards the abolition of capital punishment. We call on the Iranian authorities to cease without delay their widespread resort to arbitrary detentions, including of foreign citizens and dual nationals, and release all those arbitrarily detained. The EU also calls on the Iranian authorities to ensure that those who are under any form of detention or imprisonment are not subject to any form of mistreatment, and recall that the prohibition of torture is absolute under international law. We reiterate our call to Iran to cooperate with Special Rapporteur on Human Rights in Iran and the Independent Fact-Finding Mission created by the Human Rights Council and to implement the relevant international treaties and agreements to which it is a party, including the International Covenant on Civil and Political Rights and the Vienna Convention on Consular relations. As expressed publicly by the HRVP in a declaration on behalf of the EU on the occasion of the first anniversary of the death of Mahsa Jina Amini, the EU and its Member States will continue to support the aspirations of Iranian women and men for a future where their universal human rights and fundamental freedoms are respected, protected and satisfied.

The EU is deeply concerned about the reports of repeated grave violations of humanitarian and human rights law in Sudan, including continued attacks on civilians and the widespread use of rape and sexual and gender-based violence, targeting on the basis of ethnicity, and forced displacement, by the conflict parties. We are alarmed by rising number of children killed or injured in the conflict and millions of children displaced. Violations, which may amount to war crimes and crimes against humanity, are continuing to be committed, particularly in Darfur. The ongoing conflict has also exacerbated an exceptional flow of refugees to neighbouring countries and, more importantly, a huge number of internally displaced people that, according to estimates, has increased the total number of internally displaced persons in Sudan to over 7 million.

The EU remains deeply concerned about the human rights situation in Nicaragua and the continuously shrinking space available for political dialogue and for civil society, which affects among other independent journalism, academic and religious institutes, CSOs, NGOs and HR defenders. We regret attacks against afro descendants and Indigenous peoples, and the impunity for crimes committed against them. The continued repression of any form of political dissent flagrantly violates both the country’s own Constitution and its international obligations, including the International Covenant on Civil and Political Rights. We condemn the August confiscation of all the assets of the University of Central America and its subsequent closure – the 27^th higher education institution in Nicaragua closed down by the Government since 2021. This limits academic freedom and the right to education recognised in the International Covenant on Economic, Social and Cultural Rights, and violates the Nicaraguan legislation on university autonomy. The EU reiterates its calls on the Nicaraguan authorities to annul all legislation violating human rights and to cease persecution and reprisals. Further to the long-awaited release earlier this year of 222 persons arbitrarily detained, we call on national authorities to urgently revoke their unilateral decisions to strip them, along with tens of other political opponents and critical voices, of their Nicaraguan citizenship and civil and political rights, and confiscate their properties. The EU also remains deeply concerned that some of those arbitrarily detained remain in prison, and call for their unconditional release. The EU reiterates our enduring commitment to the Nicaraguan people and remains convinced that a Nicaraguan-led solution to the political crisis urgently requires that the Government seek a genuine dialogue with the opposition, inclusive of all the nation’s driving forces. We stand ready to engage in an open, respectful and unprejudiced dialogue with the Nicaraguan authorities, while calling for the responsible authorities to be held accountable for their human rights violations. Opening up to international human rights bodies would be a positive step demonstrating the authorities’ willingness to adopt a much-needed cooperative stance and a help in ending the country’s international isolation.

The EU remains deeply concerned about Haiti’s continuous political, social and humanitarian crisis, the growing strength and extreme violence of the armed gangs and the long-lasting difficulties faced by the State in restoring the rule of law. The EU recognises the role of the regional partners and of the international community in support of Haiti’s efforts, but acknowledges that more needs to be done, not least to fight against the scourge of illicit arms flows and its detrimental effect on the achievement of sustainable peace, security and socioeconomic development in Haiti as well as in the rest of the region. It calls on all international partners to cooperate in line with the principles of the United Nations Programme of Action on Small Arms and Light Weapons. The EU encourages the UNSC to agree the scope and objectives of a multinational security force to be deployed with the objective to create a safe and secure environment, that enables the respect for human rights and facilitates the mission of humanitarian, medical, and development workers.

Thank you.

* North Macedonia and Montenegro continue to be part of the Stabilisation and Association Process.