Logo Assembly Logo Hemicycle

Legal and human rights aspects of the Russian Federation’s aggression against Ukraine

Amendment No. 1 | Doc. 15689 | 25 January 2023

Signatories:
Ms Lesia VASYLENKO, Ukraine, ALDE ; Ms Iryna KONSTANKEVYCH, Ukraine, EC/DA ; Ms Yevheniia KRAVCHUK, Ukraine, ALDE ; Mr Dmytro NATALUKHA, Ukraine, EC/DA ; Ms Yelyzaveta YASKO, Ukraine, EPP/CD
Origin
2023 - First part-session
In the draft resolution, after paragraph 4, insert the following paragraph:

"The Assembly recalls the role of businesses in promoting compliance with human rights as recognised by the United Nations Guiding Principles on Business and Human Rights and the jurisprudence of the European Court of Human Rights. The Assembly notes that businesses have a due diligence duty to ensure that by their operation they do not contribute to the Russian war of aggression against Ukraine and gross violations of human rights resulting therefrom. If this duty cannot be fulfilled due to requirements of the Russian legislation obliging banks to offer benefits to participants of the Russian aggression against Ukraine or due to an obligation to pay taxes used for aggression, the Assembly, in line with the UN Guiding Principles, urges such businesses to withdraw from the Russian market. At the same time, the Assembly calls on member States to fully implement relevant Recommendation CM/Rec(2016)3 of the Committee of Ministers to member States on human rights and business, providing for supervision, incentives for compliance and sanctions for businesses’ conduct contributing to violation of human rights."

Explanatory note

Comprehensive pressure on the Russian Federation to stop its aggression is impossible without ensuring that it is not supported by foreign private actors. Businesses' human rights duties are highly relevant in this regard.