COMMISSION ON HUMAN RIGHTS
Fifty-ninth session
Agenda item 9

QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS IN ANY PART OF THE WORLD

Austria, Belgium, Denmark*, Estonia*, Finland*, France, Germany, Greece*, Hungary*, Iceland*, Ireland, Italy*, Latvia*, Liechtenstein*, Luxembourg*, Netherlands*, Poland, Portugal*, Slovakia*, Slovenia*, Spain*, Sweden, Switzerland*, and United Kingdom of Great Britain and Northern Ireland: draft resolution

The Commission on Human Rights,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other human rights instruments,

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken under the various international instruments in this field,

Mindful that the Russian Federation is a party to the International Covenants on Human Rights, to other international human rights instruments and to the Geneva Conventions of 12 August 1949 for the protection of victims of armed conflict,

Acknowledging the right of the Government of the Russian Federation to defend its territorial integrity, to fight against terrorism and crime and to protect its population, including the population of the Republic of Chechnya and neighbouring republics and regions, from terrorist attacks,

Recalling that military actions and the fight against terrorism must be conducted in accordance with the rule of law and with the utmost respect for human rights and international humanitarian law,

Deeply concerned about the human rights situation and the security situation in the Republic of Chechnya, which is still unstable and aggravates the suffering of the civilian population, as a consequence of the conflict,

Stressing the need to seek, as a matter of urgency, a political solution, with the aim of achieving a peaceful outcome to the crisis which fully respects the sovereignty and territorial integrity of the Russian Federation and recognizing, at the same time, that a successful political process needs to be based on broad participation by the population,

1. Welcomes:

(a) The efforts by the Government of the Russian Federation to ensure normal conditions of life for the civilian population and to re-establish infrastructure, aimed at facilitating the return of displaced persons to the Chechen Republic;

(b) The recent recommendations made by President Putin to security forces and law enforcement agencies to reduce checkpoints and reinforce the role of the Prosecutor's Office in operations conducted by the federal forces in Chechnya;

(c) The work of the Office of the Special Representative of the President of the Russian Federation for the Promotion of Human and Civil Rights and Freedoms in the Republic of Chechnya, which initiated meetings with law enforcement agencies, district administrations and religious authorities, as well as the continuing contribution of experts of the Council of Europe to this Office;

(d) The commitment of the Presidential Commission on Human Rights to contribute to the protection of human rights in the area;

2. Notes that the referendum which took place on 23 March 2003, without major incidence of violence, during which a considerable part of the population of Chechnya cast a vote, inside Chechnya and at a limited number of polling stations in neighbouring republics, could be a first step towards a political solution to the conflict, as well as towards a process of lasting reconciliation in the area, and expresses the hope that it will enhance the promotion and protection of human rights in the Chechen Republic;

3. Expresses its deep concern at the reported ongoing violations of international human rights law in the Republic of Chechnya of the Russian Federation, including forced disappearances, extrajudicial, summary or arbitrary executions, torture, ill-treatment, arbitrary detentions and continued abuses and harassment at checkpoints and during sweep operations, as well as at alleged violations of international humanitarian law;

4. Also expresses its concern at the closure of the Assistance Group in Chechnya of the Organization for Security and Cooperation in Europe;

5. Strongly condemns all terrorist acts and assassinations of local administration officials, religious leaders and other Chechens, as well as the two major terrorist attacks in Russia in the course of 2002 - the hostage-taking at a Moscow theatre and the suicide bomb attack on the main government building in Grozny;

6. Urges the Government of the Russian Federation:

(a) To remain committed to the principle of voluntary return for internally displaced persons; to Chechnya, to provide the necessary conditions to facilitate a process of voluntary return and to grant aid workers freedom of access to camps for internally displaced persons;

(b) To step up its efforts to implement fully its rehabilitation programme for Chechnya and to offer all proper living conditions to the civilian population and to internally displaced persons;

(c) To continue to cooperate with human rights mechanisms, including the special procedures of the United Nations;

(d) To cooperate constructively with the Chairman-in-Office of the Organization for Security and Cooperation in Europe in order to reach agreement on an outline and modalities for a longer-term engagement by the Organization for Security and Cooperation in Europe with Chechnya, on the basis of the agreement between the Minister for Foreign Affairs of the Russian Federation and the Chairman-in-Office during their meeting on 4 February 2003;

7. Calls upon the Government of the Russian Federation:

(a) To take urgently all necessary steps to stop and prevent violations of human rights and international humanitarian law and to ensure that all alleged violations perpetrated by, inter alia, members of the federal forces, federal servicemen and personnel of law enforcement agencies are investigated systematically, fully and promptly and are punished;

(b) To implement the rule of law in Chechnya and to secure transparency with regard to any information concerning the above abuses;

(c) To adopt all necessary measures to ensure free, unimpeded and secure access to Chechnya for international organizations, non-governmental organizations and the media;

8. Requests the United Nations High Commissioner for Human Rights to keep the Commission and the General Assembly informed about the human rights situation in the Republic of Chechnya of the Russian Federation and to report to the Commission thereon at its sixtieth session.

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* In accordance with rule 69, paragraph 3, of the rules of procedure of the functional commissions of the Economic and Social Council.