Canada, Ukraine launch coalition for return of Ukrainian children, negotiate on security commitments

By Anosha Khan ·

Law360 Canada (February 2, 2024, 5:15 PM EST) -- Minister of Foreign Affairs Mélanie Joly announced her visit to Kyiv, Ukraine on Feb. 2 where she will “reaffirm Canada’s unwavering support for Ukraine’s sovereignty and territorial integrity.” The countries also launched the International Coalition for the Return of Ukrainian Children.

The support included over $9.7 billion in aid. Of the $9.7 billion, over $2.4 billion was in military aid including armoured vehicles, artillery ammunition and Leopard 2 tanks. This would be Joly’s fourth trip to Kyiv since February 2022 when the Russian invasion first began, Global Affairs Canada said in a statement.

Joly was joined by Head of the Office of the President of Ukraine Andriy Yermak to launch the International Coalition for the Return of Ukrainian Children, a joint Canada-Ukraine initiative to “help address the issue of the unlawful deportation and forced transfer of Ukrainian children by the Russian government.”

The department said that thousands of Ukrainian children had been “deported, forcibly transferred, or otherwise displaced from the territory of Ukraine to the temporarily occupied territories and Russia and Belarus to erase their identity.”

Less than 400 have been returned to Ukraine and reunited with their families. Joly will further meet with families and children impacted by the war and local organizations supporting victims of conflict-related sexual and gender-based violence and war-related trauma.

“Children can not be used as pawns in war. In their faces, we see our humanity and Canada is proud to lead the effort alongside Ukraine to ensure their return home to Ukraine,” said Joly.

She will further discuss how Canada will work with Ukraine and coalition members to “raise awareness of this issue and advocate for the return of children to Ukraine with partners from around the globe.” Canada is to offer practical expertise and resources, with officials ready to assist Ukrainian counterparts if they express a need for such.

“To help deter Russian aggression and threats of future re-invasion, Canada will provide long-term bilateral security commitments to Ukraine alongside our G7 partners,” the department said.

“While in Kyiv, Minister Joly will meet with President Volodymyr Zelenskyy and Minister of Foreign Affairs Dmytro Kuleba, to advance important negotiations on these commitments.”

In a joint declaration, the coalition expressed “deep concern” for the children and noted that the report of the UN Secretary-General “Children and Armed Conflict” stated that “Russia’s armed forces and affiliated armed groups are included in the list of parties committing grave violations against children in armed conflict.”

Further, their immediate release and return was repeatedly emphasized in United Nations documents, particularly in the UN General Assembly resolution “Principles of the Charter of the United Nations underlying a comprehensive, just and lasting peace in Ukraine”.

The coalition stated their adherence to various principles, including ensuring the best interest of the children and protection of their rights and freedoms consistent with international law in the context of the armed aggression. It will respect international human rights law in the context of the war through addressing “the illegal deportation and forced transfer of Ukrainian children by the Russian Federation.”

It will also adhere to international law including the Charter of the United Nations, the Geneva Conventions and Additional Protocols thereto, and the United Nations Convention on the Rights of the Child and Optional Protocols and others.

For a just outcome for the children, the coalition will express support for the principles of point 4 of the Peace Formula of President of Ukraine Volodymyr Zelenskyy and the Action Plan “Bring Kids Back UA,” and continuation of consultations of national security and foreign policy advisers.

It was said the coalition will exert “all possible efforts” in accordance with international best practices to support the process of reunification with families or placement in family-based care settings, whichever would be in the child’s best interest.

Further, there will be the facilitation of the delivery of “all necessary humanitarian, medical, and psychological assistance to children and their families” with the aim of “their reintegration, and the restoration of their well-being, health, and welfare.” There will also be efforts to bring those responsible for organizing the illegal deportation to justice consistent with international law.

Other states and international organizations were encouraged to join the coalition and support its efforts. Canada was said to have already sanctioned over 50 individuals and over 10 entities who have been involved in the deportation of Ukrainian children, violating their human rights.

If you have information, story ideas or news tips for Law360 Canada on business-related law and litigation, including class actions, please contact Anosha Khan at anosha.khan@lexisnexis.ca or 905-415-5838.