19. The Assembly notes that the lack of a unified legal mechanism profoundly impedes the prompt return of Ukrainian children, potentially prolonging the process for decades. It acknowledges that any delay in the repatriation process not only reduces the likelihood of returning or reunifying all affected children with their families but also disproportionately impacts orphans and children deprived of parental care and who lack any adequate legal representation.

20. In view of these elements and the urgency of putting an end to these crimes, the Assembly reiterates its call on the Russian Federation and Belarus to immediately cease these illegal deportations, detention, and forcible transfers of children and to facilitate the return of children as soon as possible and under the best possible conditions.

21. The Assembly welcomes the discussions and conclusions arising from the meeting held by the ad hoc committee of its Bureau on 15 December 2023 in Paris, which focused on the return of Ukrainian children forcibly transferred and deported to the temporarily occupied Ukrainian territories, Russian Federation, and Belarus, as well as on the situation of children temporarily residing under the protection of Council of Europe member States and other host countries.

22. Consequently, the Assembly reiterates its call on the Russian Federation and Belarus to:

22.1. cease immediately and unconditionally these practices of deportation and forcible transfer to the temporarily occupied Ukrainian territories, the Russian Federation, and Belarus, stop the transfer of Ukrainian children for adoption or foster care to Russian citizens, stop the imposition of Russian citizenship and name changes, and restore contact between these children and their parents or carers, or, in cases of loss of parents or carers, the competent Ukrainian authorities, with a view to their immediate repatriation to their home country or to release them to a safe third country;

22.2. provide the Ukrainian authorities or a third party (a State or an international organisation) with comprehensive and reliable information about the number and the whereabouts of Ukrainian children in this situation, their names and surnames, their origin and the destination of the deportation, in order to ensure their safe return to Ukraine;

22.3. provide representatives of the relevant United Nations bodies and other international humanitarian intervention and human rights protection organisations, such as the United Nations International Children’s Emergency Fund (UNICEF), High Commissioner for Refugees, High Commissioner for Human Rights, and other competent UN agencies, and the International Committee of the Red Cross (ICRC) with unhindered, immediate and safe access to the children.

23. The Assembly recognises that the return of deported and forcibly transferred children to Ukraine, especially in cases where family reunification is impossible, is in line with the principle of the best interests of the child.

24. The Assembly calls on member States as well as observer States and States whose parliaments enjoy observer or partner for democracy status with the Assembly, as well as on the entire international community acting in good will, and their diplomatic services to:

24.1. adopt, at the level of national parliaments, statements and/or resolutions condemning the war crimes against children and recognising deportations, forcible transfers, and unjustifiable delay in repatriation of Ukrainian children, including orphans, children deprived of parental care, and other unaccompanied children under the control of the Russian Federation, as a crime of genocide, while emphasising the need for the swift return of deported and forcibly transferred children to Ukraine, in line with the principle of the best interests of the child;

24.2. make every effort to trace the fate of the thousands of missing children, namely to identify, locate and return them to Ukraine, considering in particular the unique needs of children with disabilities, orphans, children deprived of parental care and other unaccompanied children who have no support or adequate legal representation, and ensure that the repatriation of these children is not only feasible but also conducted with the utmost care as these children require tailored approaches and specific pathways;

24.3. support Ukraine in its efforts to document and establish the situation of each child, including the identification of deported or forcibly transferred orphans, children with disabilities, and children deprived of parental care, and to establish a substantiated, comprehensive, and usable list of missing children;

24.4. collaborate with the law enforcement authorities of Ukraine and establish mechanisms for documenting cases of forcible transfers and deportation of Ukrainian children;

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