Situation of the children of Ukraine
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 25 January 2024 (5th sitting) (see Doc. 15901, report of the Committee on Social Affairs, Health and
Sustainable Development, rapporteur: Ms Olena Khomenko); and Doc. 15902, opinion of the Committee on Migration, Refugees and
Displaced Persons, rapporteur: Ms Sandra Zampa). Text adopted by the Assembly on 25 January
2024 (5th sitting).See also Recommendation 2265 (2024).
1. Recalling
its
Resolution 2495 (2023) “Deportations and forcible transfers of Ukrainian children
and other civilians to the Russian Federation or to temporarily
occupied Ukrainian territories: create conditions for their safe
return, stop these crimes and punish the perpetrators”, the Parliamentary
Assembly firmly reiterates its condemnation of the full-scale war
of aggression being waged by the Russian Federation against Ukraine
and the massive violations of the rights of the children of Ukraine,
who are particularly vulnerable victims of this war. Children should
never be used as means of exerting pressure or as war trophies.
2. No child in Ukraine has been spared by the war, and the Assembly
emphasises that all Ukrainian children have the right to enjoy the
rights and freedoms enshrined in relevant international human rights instruments
and that the rights and best interests of the child must prevail
in all decision making concerning them.
3. The Assembly expresses its gratitude to the member States
of the Council of Europe that have put in place good conditions
for the reception of Ukrainian children, with some benefiting from
the temporary protection system granted by the European Union member
States.
4. The Assembly emphasises that it is essential for these children
to receive education and healthcare, including mental health support,
which are tailored to their specific situation, and to maintain
their connections with their language and culture, which will facilitate
their future return to Ukraine, taking into account the best interests
of the child.
5. In this regard, the Assembly supports the Council of Europe
Consultation Group on the Children of Ukraine and stands ready to
fully co-operate in the framework of the activities of this group.
6. The Assembly refers to its Resolution 2448 (2022) “Humanitarian
consequences and internal and external displacement in connection
with the aggression of the Russian Federation against Ukraine”.
It deplores the challenges faced by the internally displaced children
in Ukraine and calls for specific protection measures to be put
in place for them.
7. The Assembly calls upon member States’ parliaments to enhance
their political support to meet the objectives of the humanitarian
response plan for Ukraine, with a specific emphasis on the needs
of internally displaced children and their families. It has been
estimated that a total sum of between US$4 billion and US$5 billion
is needed to support war-affected communities in Ukraine and Ukrainian
refugees and their host communities in the region throughout 2024.
8. The Assembly calls upon member States to step up support to
volunteers and to humanitarian organisations, including civil society
organisations and other local groups working in Ukraine to protect internally
displaced children, in recognition of their tremendous efforts and
contribution.
9. The Assembly will remain seized on this issue with a view
to a future debate, which should allow for the building of new alliances
to meet the needs of internally displaced children and of their
families.
10. The Assembly will strengthen parliamentary co-operation by
setting up an ad hoc committee to allow parliamentarians with diverse
political backgrounds and professional expertise to contribute to
improving the situation of the children of Ukraine, wherever they
may be: children who are in Ukraine, those who are internally displaced
and those who have found temporary protection in Europe, as well
as children who are currently missing or have been deported or forcibly
displaced to the Russian Federation and Belarus.
11. The Assembly welcomes Ukraine’s efforts to return deported
or forcibly transferred children, including the implementation of
the “Bring Kids Back UA” action plan and the formation of the International
Coalition of Countries for the Return of Ukrainian Children under
President Zelenskyy’s peace formula.
12. The Assembly recognises Ukraine’s commitment to protecting
vulnerable children, including by establishing the Child Rights
Protection Centre, which operates under the supervision of the Ukrainian Parliament’s
Commissioner for Human Rights and addresses issues related to documenting
crimes against children subjected to forcible transfer and deportation,
assesses the needs of children, places them in family-based care,
if necessary, and undertakes other actions aimed at their reintegration.
13. The Assembly emphasises that Ukrainian children leave Ukraine
because of the armed aggression of the Russian Federation. Ukraine
has not created dangerous living conditions for its children. They
are only to be provided with temporary protection in the territories
of foreign States. Therefore, the provisions of Article 6 of the
Hague Convention of 19 October 1996 on Jurisdiction, Applicable
Law, Recognition, Enforcement and Co-operation in Respect of Parental
Responsibility and Measures for the Protection of Children are not applicable
to Ukrainian children. Meanwhile, the application of Article 5 of
the same convention is appropriate. Guided by Article 5 of the convention,
judicial or administrative bodies of Ukraine have the jurisdiction
to take measures aimed at protecting the child’s person or property.
14. The Assembly is particularly concerned about the fate of children
forcibly transferred and deported to the temporarily occupied Ukrainian
territories, the Russian Federation, and Belarus. These practices
constitute war crimes, crimes against humanity and, as noted by
the Assembly in its Resolution 2482 (2023) “Legal and human rights
aspects of the Russian Federation’s aggression against Ukraine”,
possible genocide, since acts “such as killings and forcible transfer
of children of one group to another group for Russification purposes through
adoption by Russian families and/or transfer to Russian-run orphanages
or residential facilities like summer camps” could fall under Article
II of the 1948 Convention on the Prevention and Punishment of the Crime
of Genocide.
15. The Assembly deplores and condemns the deportations and forcible
transfers of Ukrainian children, practices which are fundamentally
contrary to international law, in particular the Geneva Convention
(IV) relative to the Protection of Civilian Persons in Time of War
and its additional protocol relating to the protection of victims
of international armed conflicts, to which the Russian Federation
and Ukraine are signatories.
16. The Assembly underlines the significance of the decision of
the International Criminal Court (ICC) to issue arrest warrants
against the President of the Russian Federation, Vladimir Vladimirovich
Putin, and the Commissioner for Children’s Rights under the President
of the Russian Federation, Maria Alekseyevna Lvova-Belova, in connection
with the alleged war crimes of unlawful deportation and forcible
transfer of children from temporarily controlled or occupied areas
of Ukraine to the Russian Federation, and calls on the Council of Europe
member States to further support the ICC’s efforts in ensuring the
inevitability of liability for the Russian Federation for war crimes
committed against Ukrainian children.
17. As of today, the “Children of War” platform run by the Ukrainian
Government shows that it has collected information on more than
19 546 children reported as having been deported, or forcibly transferred
from various locations, and only 388 of whom have returned home.
18. The Assembly notes that the more time passes, the more the
chances of finding these children diminish, potentially leading
to the irreversibility of their situation. It emphasises the particular
vulnerability of orphans who have no support or legal representation.
The dramatic consequences on the mental and physical health and
well-being of these children are crystallising. The citizenship
and names of these children have sometimes been changed by the Russian
authorities. Some have been adopted illegally. Many are untraceable
and have no means of contact with their country or their families.
All have been subjected to some form of indoctrination, and a new
culture and a new language have been imposed on them. Children have
experienced psychological and/or physical violence. These acts constitute
violations of their rights to preserve their identity, including
their citizenship, name and family relations, to express their views
freely and the right to education and to enjoy their own culture
as guaranteed by the United Nations Convention on the Rights of
the Child.
19. The Assembly notes that the lack of a unified legal mechanism
profoundly impedes the prompt return of Ukrainian children, potentially
prolonging the process for decades. It acknowledges that any delay
in the repatriation process not only reduces the likelihood of returning
or reunifying all affected children with their families but also
disproportionately affects orphans and children deprived of parental
care and who lack any adequate legal representation.
20. In view of these elements and the urgency of putting an end
to these crimes, the Assembly reiterates its call on the Russian
Federation and Belarus to immediately cease these illegal deportations,
detentions and forcible transfers of children, and to facilitate
the return of children as soon as possible and under the best possible
conditions.
21. The Assembly welcomes the discussions and conclusions arising
from the meeting held by the ad hoc committee of its Bureau on 15
December 2023 in Paris, which focused on the return of Ukrainian
children forcibly transferred and deported to the temporarily occupied
Ukrainian territories, the Russian Federation and Belarus, as well
as on the situation of children temporarily residing under the protection
of Council of Europe member States and other host countries.
22. Consequently, the Assembly reiterates its call on the Russian
Federation and Belarus to:
22.1 cease
immediately and unconditionally these practices of deportation and
forcible transfer to the temporarily occupied Ukrainian territories,
the Russian Federation and Belarus; stop the transfer of Ukrainian
children for adoption or fostering by Russian citizens; stop the
imposition of Russian citizenship and name changes; and restore
contact between these children and their parents or carers, or,
in cases of loss of parents or carers, the competent Ukrainian authorities,
with a view to their immediate repatriation to their home country
or to their release to a safe third country;
22.2 provide the Ukrainian authorities or a third party (a
State or an international organisation) with comprehensive and reliable
information about the number and the whereabouts of Ukrainian children
in this situation, their names and surnames, their origin and the
destination of the deportation, in order to ensure their safe return
to Ukraine;
22.3 provide representatives of the relevant United Nations
bodies and other international humanitarian intervention and human
rights protection organisations, such as the United Nations Children’s
Fund (UNICEF), the Office of the High Commissioner for Refugees
(UNHCR), the Office of the High Commissioner for Human Rights (UN
Human Rights) and other competent United Nations agencies, and the
International Committee of the Red Cross (ICRC) with unhindered,
immediate and safe access to the children.
23. The Assembly considers that ensuring the return of deported
and forcibly transferred children to Ukraine, especially in cases
where family reunification is impossible, is in line with the principle
of the best interests of the child.
24. The Assembly calls on member States as well as observer States
and States whose parliaments enjoy observer or partner for democracy
status with the Assembly, and their diplomatic services, as well
as on the entire international community acting in good faith to:
24.1 adopt, at the level of national
parliaments, statements and/or resolutions condemning the war crimes
against children and recognising deportations, forcible transfers
and unjustifiable delay in repatriation of Ukrainian children, including
orphans, children deprived of parental care and other unaccompanied
children under the control of the Russian Federation, as a crime
of genocide, while emphasising the need for the swift return of
deported and forcibly transferred children to Ukraine, in line with
the principle of the best interests of the child;
24.2 make every effort to trace the fate of the thousands of
missing children, namely to identify, locate and return them to
Ukraine, considering in particular the unique needs of children
with disabilities, orphans, children deprived of parental care and
other unaccompanied children who have no support or adequate legal
representation, and ensure that the repatriation of these children
is not only feasible but also conducted with the utmost care as
these children require tailored approaches and specific pathways;
24.3 support Ukraine in its efforts to document and establish
the situation of each child, including the identification of deported
or forcibly transferred orphans, children with disabilities and
children deprived of parental care, and to establish a substantiated,
comprehensive and usable list of missing children;
24.4 collaborate with the law-enforcement authorities of Ukraine
and establish mechanisms for documenting cases of forcible transfer
and deportation of Ukrainian children;
24.5 have recourse to instruments of universal jurisdiction
to record the facts of crimes committed, ensure justice and create
the conditions to prevent the recurrence of similar crimes in the
future, and employ various forms of international legal co-operation
to exchange data on the facts of forcible transfers and deportations
of Ukrainian children;
24.6 inform the competent authorities of Ukraine, via a duly
designated partner authority in each country, in cases of border
crossings by citizens of the Russian Federation who have unlawfully
adopted or established guardianship over a Ukrainian child, with
the aim of returning that child to the territory of Ukraine;
24.7 provide political, logistical and financial support for
the establishment of an effective, rapid and safe legal mechanism
for the identification, tracing and repatriation of children, and
to strengthen co-ordination with all relevant Ukrainian national
institutions and the Ukrainian Parliament’s Commissioner for Human
Rights;
24.8 provide comprehensive support to the competent Ukrainian
authorities at all levels and non-governmental organisations dealing
with such categories of children as internally displaced, those
in need of institutional care, orphans, children of fallen soldiers
and veterans, and those physically and psychologically affected
by war, in particular in their efforts to secure full access to
education and healthcare, including physical and psychological rehabilitation,
and reintegration;
24.9 impose and further comply with sanctions against the Russian
Federation and Belarus, as well as to include in the sanctions lists
individuals involved in the deportation, forcible transfer and unjustifiable
delay in repatriation of Ukrainian children;
24.10 assess, via their competent national authorities, the
participation of journalists or other media representatives in propaganda
campaigns organised by the Russian Federation or Belarus concerning Ukrainian
children deported and forcibly transferred by the Russian Federation,
with a view to applying appropriate measures in such cases, for
example as regards refusal of accreditation and of access to public
events;
24.11 facilitate the reintegration of children from Ukrainian
residential care facilities, who were evacuated to Council of Europe
member States, into their families, or their placement with Ukrainian citizens’
families, as determined by the decisions of the competent Ukrainian
authorities; and ensure the swift acknowledgement of those authorities
for executing custody rights over children;
24.12 foster a full exchange of information concerning Ukrainian
children in institutional care and ensure close co-operation in
this respect between the competent authorities of Ukraine and the
member States;
24.13 support the implementation of specific measures that
ensure the protection and well-being of the children of Ukraine,
including those in the Council of Europe Action Plan for Ukraine
“Resilience, Recovery and Reconstruction” (2023-2026).
25. The Assembly emphasises the need for enhanced co-operation
among various existing mechanisms, including civil society, to pool
efforts for the return of children, relying in particular on third-party
intervention which can offer guarantees of impartiality and effectiveness.
In this respect, it calls on the various organisations whose neutrality-based
mandate allows them to gain access to the Russian Federation, Belarus
and the occupied territories of Ukraine, to contribute to the process
of identification, location and repatriation of deported and forcibly
transferred Ukrainian children and to work closely with Ukraine
and all States which could facilitate the return of these children.
26. In this regard, the Assembly is committed to continuing its
role as a facilitator, including by considering what Assembly structure
or mechanism(s) could be used to support the Ukrainian authorities
and various international organisations, such as UNICEF, the UNHCR,
UN Human Rights and other competent United Nations agencies, and
the ICRC, in determining the most rapid means to identify and facilitate
an effective search for children, with access to as much information
as possible about their identity and the conditions of their deportation
or forcible transfer by the Russian Federation.
