E/CN.4/2004/L.29
8 April 2004

Andorra, Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom of Great Britain and Northern Ireland: draft resolution

2004/… Situation of human rights in the Republic of Chechnya of the Russian Federation

The Commission o Human Rights,

Bearing in mind that all Member States have an obligation to promote and protect human rights and fundamental freedoms as stated in the Charter of the United Nations and the Universal Declaration of Human Rights, and the duty to fulfil the obligations they have undertaken under various human rights and humanitarian instruments,

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 and the Additional Protocols thereto of 8 June 1977,

Acknowledging the right of the Government of the Russian Federation to defend, in accordance with international law and international human rights standards, its territorial integrity, to fight against terrorism and crime and to protect its population, including the population of Chechnya, from terrorist attacks,

Deeply concerned about the human rights situation, the humanitarian situation and the security situation in Chechnya,

Stressing the need for a political solution, based on broad participation by the population, and a peaceful settlement of the conflict in the Republic of Chechnya which fully respects the sovereignty and territorial integrity of the Russian Federation,

1. Welcomes the efforts by the Government of the Russian Federation to ensure normal conditions of life for the civilian population, as well as the recent trials and subsequent convictions of military personnel who were serving in the Republic of Chechnya for crimes against civilians;

2. Srongly condemns:

(a)All terrorist attacks in Chechnya and elsewhere in the Russian Federation, many of which have led to loss of life and immense human suffering;
(b)The ongoing serious violations of international human rights law and international humanitarian law in Chechnya, including forced disappearances, extrajudicial, summary of arbitrary executions, torture, ill-treatment, arbitrary detentions and abductions;

3. Expresses its concern at reports of difficulties experienced by the local population in obtaining proper investigations by local law enforcement structures and the public of military prosecutor, and prosecutions, where warranted, of human rights abuses by the security forces, and that the return of internally displaced persons is not taking place on a strictly voluntary basis;

4. Urges the Government of the Russian Federation:

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

(b)To facilitate the delivery of humanitarian aid by ensuring free and unimpeded access for humanitarian aid organizations to Chechnya, improve security conditions for humanitarian workers in accordance with United Nations security standards and permit the opening of a sub-office of the European Commission’s Humanitarian Aid Office in Ingushetia to facilitate the delivery of humanitarian assistance to the North Caucasus, including Chechnya;

(c)To cooperate fully with the Organization for Security and Cooperation in Europe and the Council of Europe, including by facilitating publication fo the reports on Chechnya prepared by the Committee on the Prevention of Torture and Inhuman or Degrading Treatment of Punishment of the Council;

(d)To take urgently all necessary measures to stop and prevent violations of human rights and international humanitarian law, including the full and prompt prosecution of all perpetrators;

(e)While implementing the rule of law in Chechnya, to take all necessary measures to ensure free, unimpeded and secure access to Chechnya for international organizations, non-governmental organizations and the media;

5.Request the relevant special procedures of the Commission to undertake missions to Chechnya without delay and to report to the Commission thereon at its sixty-first session.