Post-conflict time: defusing ticking time bombs for a safe return of displaced populations

Doc. 15995: compendium of written amendments | Doc. 15995 | 27/06/2024 | Final version

Compendium index

Amendment 3 Amendment 4 Amendment 1 Amendment 2

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The Parliamentary Assembly is appalled by the Russian Federation’s ongoing war of aggression against Ukraine, the latest in a series of dreadful wars which have scarred Europe since the 20th century. This tragedy reminds us the fragility of peace on our continent and the importance of never ceasing in our efforts to protect and consolidate our democratic societies.

• Amendment 3

27 June 2024

Tabled by Ms Olena KHOMENKO, Mr Markus WIECHEL, Ms Yevheniia KRAVCHUK, Ms Olena MOSHENETS, Ms Larysa BILOZIR, Mr Arminas LYDEKA, Ms Ināra MŪRNIECE, Mr Oleksii GONCHARENKO, Mr Serhii SOBOLIEV, Ms Iryna KONSTANKEVYCH, Ms Mariia MEZENTSEVA-FEDORENKO

In the draft resolution, after paragraph 1, insert the following paragraph:

"Deploring the brutal violence and destruction of the war against Ukraine, and recalling Article 51 of the UN Charter, the Assembly reiterates the legitimate right of its member States to defend their territorial integrity against ongoing or imminent aggression with all their might and all the means at their disposal, and calls on the international community to uphold its efforts to support Ukraine in every way possible."

Explanatory note

Reminder on the self-defense right.

2All conflicts have immediate devastating consequences on civilians and on territories, not least through the widespread use of explosive weapons, especially cluster munitions. They also bring the long-term consequences of the explosive remnants of war, particularly landmines and unexploded ordnance. The use of explosive weapons in populated areas often results in the displacement of people within and across borders, and later impedes their voluntary, safe, dignified and sustainable return.

3Explosive ordnance has long-term effects on civilians, including physical, psychosocial and mental-health damage. Civilians are too often the collateral victims of conflicts and, post conflict, of landmines and explosive remnants of war. Among them are migrants on their migration routes, with women and children being particularly exposed and paying a heavy price.

4The Assembly recalls the “Memorandum on the human rights consequences of the war in Ukraine” issued by the former Commissioner for Human Rights, Dunja Mijatović, in July 2022, in which she regretted that, despite some areas having been marked off by warning signage, injuries of civilians through explosive remnants of war were said to occur on a daily basis.

5Beyond the human toll, the use of explosive weapons has devastating effects on civilian infrastructure and services. Their use destroys infrastructure, such as roads, schools, healthcare facilities, housing and other civilian objects and has devastating effects on the functioning of essential services, such as drinking water, sanitation, food, gas and electricity supply systems.

6Moreover, the use of explosive weapons has a catastrophic impact on agriculture and the environment as a whole. The components of explosive weapons and their remnants contaminate soils, subsoils and water sources. They spread beyond populated areas, poisoning flora and fauna, and have a significant impact on entire ecosystems, which may take years, if not decades, to remedy.

7Considering these multiple and cumulative factors, it is clear that landmines and unexploded ordnance have both immediate and long-term effects on the displacement of populations, raising also the crucial issue of a voluntary, safe, dignified and sustainable return to homelands.

8The Assembly welcomes the treaties and customary international humanitarian law dealing with disarmament and ban of arms and weapons, as well as those dealing with the repatriation of forcibly displaced populations. It also welcomes the domestic laws issued by member States aimed inter alia at clearing their territories of landmines and unexploded ordnance.

9Welcoming the start of the border delimitation process between Armenia and Azerbaijan, based on the 1991 Alma-Ata Declaration, the Assembly recalls the absolute necessity to “negotiate a process of delimitation and demarcation of the border and examine the possibility of creating a demilitarised zone” as underlined in Resolution 2391 (2021) “Humanitarian consequences of the conflict between Armenia and Azerbaijan / Nagorno-Karabakh conflict”.

10The Assembly welcomes the establishment of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine, which has started receiving claims for damage, loss or injury caused since 24 February 2022.

11The Assembly notes with satisfaction that victims of landmines and unexploded ordnance will thereby be able to submit claims to the Register, including claims related to violations of personal integrity (such as the death of an immediate family member or serious personal injury) and loss of property, income and livelihood, including claims related to the inability to use agricultural land contaminated by landmines and other explosives. The Assembly also appreciates that “demining and clearance of unexploded ordnance” is an approved category for the submission of claims for compensation by the State of Ukraine (including its regional and local authorities, State-owned or controlled entities) for expenses related to the removal of landmines and unexploded ordnance, as well as other related categories, such as environmental damage and depletion or damage of natural resources.

12The Assembly hails the good practices put in place by several member States to remove landmines and unexploded ordnance, and the related policies aimed inter alia at informing populations on how to recognise and react to the presence of landmines and unexploded ordnance. These can serve as examples for other States grappling with the presence of such remnants of war.

13The Assembly draws the attention of member States to the Council of Europe’s expertise on issues of human rights of displaced populations and migrants, and particularly the reports, country visits and recommendations of the Commissioner for Human Rights and of the Special Representative of the Secretary General on Migration and Refugees.

14Conscious of the existing barriers for ensuring a voluntary, safe, dignified and sustainable return of populations, the Assembly calls on member States to enact appropriate legislation and develop clear guidelines aimed at ensuring that both rural and urban territories are cleared of explosive remnants of war, and more specifically to:

14.1ratify and fully implement anti-personnel landmines and anti-cluster munitions conventions when not yet done so, inter alia:

• Amendment 4
• Amendment 1

27 June 2024

Tabled by Ms Olena KHOMENKO, Mr Markus WIECHEL, Mr Julian PAHLKE, Ms Yevheniia KRAVCHUK, Ms Olena MOSHENETS, Ms Larysa BILOZIR, Mr Arminas LYDEKA, Ms Ināra MŪRNIECE, Mr Oleksii GONCHARENKO, Mr Serhii SOBOLIEV, Ms Iryna KONSTANKEVYCH, Ms Mariia MEZENTSEVA-FEDORENKO

Votes: 34 in favor 5 against 1 abstention

In the draft resolution, paragraph 14.1, replace the words "ratify and fully implement" with the following words:

"consider ratifying"

Explanatory note

Important to take into account valid concerns of some member States.

27 June 2024

Tabled by Ms Olena KHOMENKO, Ms Iryna KONSTANKEVYCH, Mr Christophe BRICO, Ms Liisa-Ly PAKOSTA, Mr Pavlo SUSHKO, Ms Mariia MEZENTSEVA-FEDORENKO, Ms Larysa BILOZIR, Ms Yuliia OVCHYNNYKOVA, Ms Lesia VASYLENKO, Ms Olena MOSHENETS, Mr Serhii SOBOLIEV, Mr Rostyslav TISTYK, Mr Oleksii GONCHARENKO, Mr Arminas LYDEKA, Ms Yevheniia KRAVCHUK, Mr Markus WIECHEL, Mr Pavlo BAKUNETS, Ms Ana TSITLIDZE

In the draft resolution, paragraph 14.1, after the words "when not yet done so,", insert the following words:

"if ratification and implementation do not hamper a member State’s ability to defend itself against ongoing or imminent aggression,"

Explanatory note

Acting pursuant to Article 51 of the UN Charter, one may reserve rights to use all permitted means to restore its territorial integrity and sovereignty.

14.1.1the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects and all its additional protocols (I to V) (Geneva Convention, 1980);

14.1.2the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction (Ottawa Convention, 1977);

14.1.3the Convention on Cluster Munitions (Oslo Convention, 2008);

14.2adopt and fully implement legislation prohibiting investments in the cluster munitions and anti-personnel landmines industries;

14.3adopt and effectively implement legislation that prohibits under any circumstances the use, development, production, stockpiling or transfer of anti-personnel mines and of cluster munitions, and that obliges the safe and verified destruction of existing stocks of such ordnance.

15In the same spirit, the Assembly calls on member States to develop or improve actions aimed at clearing territories of landmines and unexploded ordnance, and more specifically to:

15.1develop further humanitarian demining operations, including international co-operation in demining coalitions, and further assist States in need, in particular, today, Ukraine;

15.2develop awareness-raising campaigns aimed at informing civilians, including displaced persons prior to return, about the dangers of landmines and unexploded ordnance, with a particular focus on women, children and workers especially exposed to such ordnance;

15.3develop guidelines on how civilians can recognise and react to explosive remnants of war, such as landmines and unexploded ordnance;

15.4train the authorities and in particular law enforcement officials on how to react and protect civilians in the presence of explosive remnants of war.

16The Assembly calls on member States to support civilians who are victims of landmines and unexploded ordnance, through the development – and provision to States in need such as Ukraine – of specialised emergency medical care, rehabilitation, psychological and psychosocial support.

17The Assembly calls on member States to facilitate the voluntary, safe, dignified and sustainable return and reintegration of forcibly displaced persons by:

17.1providing sufficient assistance aimed at covering the basic needs of these persons, such as housing, food, water, sanitation, and medical care;

17.2reconstructing civilian infrastructure, including the rehabilitation of schools, as well as the provision of construction tools, household items and agricultural tools, seeds and fertilizer; and

17.3boosting job markets through incentives, especially through the recognition of qualifications acquired abroad, and through educational and skills training programmes.

18The Assembly underlines that ensuring the voluntary, safe, dignified and sustainable return of forcibly displaced populations requires the consultation and involvement of the displaced persons themselves on the conditions of their repatriation, for example by facilitating visits to the area prior to a definitive return in order to reassure them about the safety and material conditions in place.

19To foster voluntary returns, the Assembly suggests the establishment of agreements involving – depending on each situation – governments of the countries of refuge and of origin, representatives from the displaced population, civil society, and international organisations such as the United Nations High Commissioner for Refugees under its international durable solutions mandate for refugees and other displaced persons.

20In order to avoid such forced displacements in the first place, the Assembly calls on member States to ensure that their armed forces, and those of their allies, never deploy explosive weapons in populated areas, unless sufficient mitigation measures can be taken to reduce the consequences of such use on civilian lives and infrastructure in line with the recommendations of the International Committee of the Red Cross.

21The Assembly further encourages member States to raise awareness through the endorsement, dissemination, and implementation of the 2022 Dublin Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas.

22The Assembly observes with great concern the increasing use of unmanned aerial vehicles, also known as a combat drones, with too often indiscriminate targets and heavy civilian damages. The Assembly calls on member States to consider banning combat drones, especially in populated areas, in particular when loaded with munitions of wide area effects.

• Amendment 2

27 June 2024

Tabled by Ms Olena KHOMENKO, Ms Yevheniia KRAVCHUK, Mr Arminas LYDEKA, Mr Rostyslav TISTYK, Mr Serhii SOBOLIEV, Ms Olena MOSHENETS, Ms Lesia VASYLENKO, Ms Yuliia OVCHYNNYKOVA, Ms Larysa BILOZIR, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Pavlo SUSHKO, Ms Liisa-Ly PAKOSTA, Ms Iryna KONSTANKEVYCH, Mr Pavlo BAKUNETS, Mr Markus WIECHEL, Ms Ana TSITLIDZE

Votes: 38 in favor 4 against 1 abstention

In the draft resolution, replace paragraph 22 with the following paragraph:

"The Assembly observes with great concern the increasing use of unmanned aerial vehicles, also known as combat drones, for indiscriminate attacks against civilian populations. It calls on member States to consider implementing rules on the responsible use of combat drones, in particular when they are loaded with munitions with wide-area effects."

Explanatory note

Implementing rules on the responsible use of combat drones, instead of banning them outright, is something that may create a viable framework for ensuring safety of the civilian population.

23Recalling the Reykjavik Declaration adopted during the 4th Summit of Heads of State and Government of the Council of Europe held on 16-17 May 2023, the Assembly recalls the need to ensure human rights linked to the protection of the environment. The Assembly therefore calls on member States to mainstream a constant consideration of the environmental dimension in their mine and weapons policy development and in particular to:

23.1join and fully implement the 1976 United Nations Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques;

23.2develop environmentally-oriented demining policies covering land and sea territories and comprising both military and humanitarian demining operations, if need be in co-operation with international institutions or consortiums, such as United Nations agencies or private structures, and with a particular focus, today, on the recovery and rebuilding of Ukraine.