As delivered by Alain Berset, Secretary General of the Council of Europe
Ombudsman of Ukraine,
Excellencies,
Distinguished guests,
Ladies and gentlemen,
UKRAINE’S RESILIENCE
I am pleased to have the opportunity to speak here today in Kyiv.
Ukraine’s brave resistance to Russia’s illegal war of aggression commands enormous respect.
The fact that you are choosing to have this conference –
In a city under attack –
Is testament to this country’s determination to choose a better future than the one chosen by the Russian leadership for its own people –
And which it would impose here too.
OMBUDSMAN’S WORK (WITH CoE)
So, I begin by thanking you, Parliament Commissioner for Human Rights.
Over recent years, the Council of Europe has worked closely with your Office –
Helping to strengthen its resilience –
In line with our Action Plan on Resilience, Recover and Reconstruction for Ukraine.
In turn, we have seen the way in which you have worked to promote, monitor and protect the rights of war-affected people.
The importance of this, and your office, cannot be understated.
CoE ACTION
Of course, we must all do what we can to support the Ukrainian authorities and people –
So that they can have the free, democratic and European future of their choosing.
The Council of Europe has been clear since 2014 that the Russian Federation’s temporary occupation of Ukrainian territory is a clear violation of international law.
And our Organisation reacted quickly to the full-scale invasion in 2022 by excluding the Russian Federation from membership –
And establishing Ukraine as our top priority, with a full programme of support.
This was endorsed by European leaders at our Reykjavík Summit of Heads of State and Government last year.
But what does it mean in concrete terms?
ON ACCOUNTABILITY
Accountability is key.
Without it, there will be no sustainable peace.
Let me give you three specific examples of our action here.
First, the European Court of Human Rights continues to decide on cases brought against Russia for its actions before 16 September 2022.
This includes the first months after the full-scale invasion –
And the Court has prioritised applications relating to the Russian aggression.
In June of this year, in the case of Ukraine versus Russia, the Court confirmed a pattern of human rights violations in Crimea since 2014.
Four inter-state cases and 3700 individual applications against Russia in relation to its actions against Ukraine are still pending.
These are complex, not least since the Russian Federation will not co-operate in the hearings.
But we will make fast progress with them –
Establishing legal facts and attributing legal responsibility.
Second point on accountability –
The Council of Europe has moved swiftly to establish a Register of Damage for Ukraine.
This is now fully operational, with offices here in Kyiv and in The Hague.
It is recording the loss and damage being inflicted on the ground and has already received thousands of submissions –
And it is the first and vital step towards an international compensation mechanism.
This brings me to my third example.
Because the next step towards that compensation mechanism will be setting up a Claims Commission –
And the Council of Europe is participating in the negotiations to decide a model.
Certainly, our Organisation has the unique experience and expertise required to lead this.
And we stand ready to do so.
Similarly, and looking further ahead, it will be important to establish a Special Tribunal for the Crime of Aggression against Ukraine.
Again, we are taking part in the negotiations, this time among the Core Group, and we are ready to act as required.
ACTION PLAN AND PROGRESS
Aside from accountability, the Council of Europe has put in place a range of other measures.
Our Action Plan is helping the authorities on everything from ensuring appropriate media freedom –
To bringing the Draft Law on Personal Data Protection, just adopted by the Verkhovna Rada, into line with our Convention 108 on Data Protection.
I am moved to say that for Ukraine to be making progress on this –
And on the execution of judgments of the European Court of Human Rights –
Shows the country’s grit and determination to meet the common European standards that will benefit its people now, and whenever peace comes.
JUSTICE REFORMS
Separately, we have worked closely with the authorities on measures to ensure efficient justice in the current circumstances.
These include good practice for remote hearings –
The efficient functioning of courts –
And support for the Prosecutor General in developing a strategy on the prosecution of war crimes and the creation of a Coordination Centre for Victims and Witnesses of War.
REFUGEES AND CHILDREN
This aspect – supporting the victims of Russia’s aggression – brings me to my last point.
Behind all the statistics about this war, I am acutely aware that there are millions of stories of personal suffering.
No organisation can fix all this.
So many lives have been lost, so much damage has been caused.
But what we can address, we will.
That is why we have provided support to those member states who have received millions of Ukrainians seeking safety –
To ensure that their physical and psychological needs are met.
In the same spirit, we have not only been clear that those Ukrainian children who have been unlawfully transferred and deported from their homes must be returned –
But we have also set up a Consultation Group for the return of the Children of Ukraine –
Which is helping authorities across Europe to identify Ukrainian children –
Some of whom are travelling alone –
And to ensure that they too are supported, and their human rights respected.
CONCLUSION – UKRAINE IN CONTEXT, OUR CONTINUED SUPPORT
Dear friends,
Democracy and human rights are under attack from within and outside many European countries today.
Russia is the country that has chosen to break most fundamentally from our common standards on human rights, democracy and the rule of law –
And it is Ukraine that is paying the highest price for this.
Democratic backsliding on our continent can be reversed if the political will exists –
Certainly, the Council of Europe is at work to help put in place new guardrails to prevent our civilisations coming off track.
We will work on this with Ukraine and all our member states for the benefit of this country and the entire continent.
And we will also continue both to salute and support Ukraine – for as long as it takes.