The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, published today a memorandum on human rights elements for peace in Ukraine, following his visit to the country in March 2025.
While the prospects of peace in Ukraine currently remain uncertain, the Commissioner notes that a just, lasting and effective peace can only be achieved by anchoring it in the international human rights framework. The memorandum promotes the integration of human rights in peace negotiations by combining the perspectives of both human rights advocates and conflict resolution practitioners. To that end, the memorandum sets out the Commissioner’s observations and recommendations regarding elements of a human rights roadmap for achieving just, lasting and effective peace, as well as Ukraine’s reconstruction and recovery.
In his memorandum, the Commissioner notes that the principle of accountability of perpetrators of gross violations of international human rights law and international crimes should be made a key element of any discussions about peace. He welcomes international efforts to hold Russia’s political and military leadership to account for its war of aggression against Ukraine and for other international crimes, with the recent establishment of the Special Tribunal for the Crime of Aggression against Ukraine being a paramount step in pursuance of this goal. Furthermore, he encourages states to make use of their laws allowing for universal jurisdiction for international crimes and to support Ukraine’s own efforts to investigate and prosecute them.
The Commissioner welcomes the work of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine as well as the process of establishing a claims commission and makes recommendations to support them. He notes that all victims of Russia’s aggression against Ukraine since 2014 should receive reparations, as a principle that should guide any conversations around peace, and highlights Ukraine’s national efforts to compensate victims.
The memorandum highlights the systematic torture of Ukrainian prisoners of war and civilians by Russian authorities, the denial of access to international human rights monitors, the illegal detention of thousands of Ukrainian civilians, and the unlawful transfer of Ukrainian children to Russia, Belarus, or Ukraine’s temporarily occupied territories. Any peace negotiations must address the issue of the release of all prisoners of war and all civilian detainees, the search for missing persons, and the unconditional return of all unlawfully transferred Ukrainian children.
The Commissioner considers that respect for human rights must be at the heart of all planning for the return of internally displaced persons (IDPs) and refugees, including as part of any discussions surrounding the peace process. With regard to millions of Ukrainians displaced externally by the war, the Commissioner supports the continuation of their temporary protection in Europe for as long as the situation requires. Any returns must be informed, voluntary, and dignified. At the same time, those who are unable to return or who choose not to do so should be provided with an effective opportunity to integrate. The Commissioner also invites Ukraine to ensure that all human rights issues facing IDPs are clearly attributed to a designated government authority.
As Russia continues to occupy parts of Ukraine, illegally imposing its laws and forcing residents to acquire Russian citizenship amid widespread human rights violations, the human rights situation of people living in areas of Ukraine temporarily occupied by Russia, to the extent that these areas may continue to be under occupation, must be made part of the peace equation. The Commissioner calls for safe and unfettered access to such territories for independent human rights monitors. He also invites Ukrainian authorities to ensure a clearer attribution of responsibilities for issues concerning residents of temporarily occupied territories of Ukraine. He further raises the issue of the prosecution by the Ukrainian authorities of persons suspected of collaborating with the Russian occupying authorities.
Concerning restrictions of human rights and derogations from the European Convention on Human Rights related to the martial law introduced by Ukraine, the Commissioner raises concerns about reports of abuses during military recruitment, media restrictions, and sanctions against critics. He notes the need for oversight and accountability and calls for the eventual restoration as a whole of Ukraine’s democratic environment in full compliance with its international human rights obligations.
To ensure that Ukraine’s reconstruction and recovery are sustainable, the Commissioner considers that they should be human rights-based, victim-centred, inclusive, and participatory. This means that they should prioritise the needs of those most affected, such as IDPs, women, children, older persons, and war veterans. Identifying a novel interplay between Ukraine’s accession to the European Union (EU) and the peace discussions, the Commissioner’s memorandum calls for aligning peace talks with Ukraine’s human rights commitments related to its EU accession.
The Commissioner emphasises that Ukraine, as the victim of Russia’s aggression, must always be present at the negotiating table. Recalling that the participation of women in peace processes increases the likelihood and durability of peace agreements, the Commissioner calls for the meaningful inclusion of women and of a gender perspective in all stages of peace negotiations. Finally, he calls for the full involvement in the peace process of the victims of human rights violations, Ukraine’s civil society, and the relevant multilateral organisations, to ensure inclusive, sustainable and human rights-centred outcomes.
With regard to the Commissioner’s role, he stands ready to support the embedding of human rights in peace processes by offering advice and other assistance within the scope of his mandate. Protecting human rights in the context of Russia’s war against Ukraine is and will remain his top priority.
- Read the Commissioner's Memorandum on human rights elements for peace in Ukraine (also available in French and Ukrainian)