Right to Protection is an NGO dedicatedto protecting the rights of asylum seekers, refugees, stateless andundocumented persons, as well as internally displaced and conflict affected persons.
Month: December 2021
28.12.21
In the first 10 months of 2021, the police recorded more than 1,200 complaints of domestic violence in the Slavic community. 90% of them were confirmed, and law enforcement officers took procedural actions against the perpetrators in accordance with current legislation.
Given the context of the armed conflict and the negative impact of the COVID-19 pandemic, the number of domestic violence cases in Ukraine is growing disproportionately every year.
In every third situation of domestic violence, children who receive a negative psychological impact from this phenomenon become victims of active actions or witnesses.
Charitable Fund “Right to Protection” (R2P) with the support of the GIZ CPS Civil Peace Service, launched a pilot project in December 2021 in Slovyansk, Mutual Respect: Piloting School Policy to Combat Domestic Violence. This project aims to overcome harmful social and cultural norms that tolerate violence against others. another goal is to create a positive climate in schools as a factor of stability in areas of armed conflict.
On December 22, 2021, the project coordinator Valery Mikhei gave a presentation to the administration and teachers of Slovyansk Secondary School No. 12. The school administration thanked for the indifference to this issue and expressed a desire to cooperate in the future.
The project “Mutual Respect: Piloting School Policies to Combat Domestic Violence” is implemented with the support of the German Federal Government within the framework of the Civic Peace Service program.
As of now, the CF “Right to Protection” (R2P) implements 5 dialogue projects and is actively involved in peacebuilding initiatives.
We are proud that the experts of our team took part in the development of the Conceptual Framework for Peacebuilding Policy in Ukraine. This document is the basis for the strategy of the Center for Peacebuilding.
On December 22, representatives of the R2P Nadiya Kovalchuk, Natalia Proskurenko, and Oleksandr Gviazdovskyi met with the Acting Director of the newly established Ukrainian National Center for Peacebuilding (UNCP) Oleksandr Smyrnov. The formats of partnership and the possibility of future cooperation were discussed at the meeting. They agreed to work together on priority issues of dialogue and peacebuilding.
The public sector and civil society worked together to create the Conceptual Framework for Peacebuilding Policy in Ukraine, represented by more than 200 experts and specialists, including human rights activists, participants of the religious initiatives, veterans, women’s organizations, as well as journalists.
It should be noted that the document on the vision of peacebuilding was written for the first time in Ukraine based on proposals from civil society.
In addition, for the first time, civil society organizations have the opportunity to influence the content of the highest priority areas of the Ministry for Reintegration and UNCP in the field of peacebuilding.
The current legal framework for disaster risk reduction (natural and technogenic emergencies) is not perfect. It is required to fill gaps and improve understanding of the complexity of disaster risk management. The Civil Protection Code of Ukraine (hereinafter – the CPCU) does not regulate state management mechanisms in this area adequately, as it does not apply to environmental safety settings, in particular, the extremely urgent issues of climate change.
Analysis and assessment of the existing regulatory practice shows a neglect of the legally established requirements in the field of safe environment, which is the primary duty of the state. A lack of relevant legal regulation is caused by lack of strategic and policy documents, which would contribute to the development and implementation of the principles of Sendai Framework Program for Disaster Risk Reduction [1] in the legal field of Ukraine.
It should be noted though that disaster risk reduction issues are not ignored in Ukraine, as the risk-based approach is recognized as an important tool for sustainable development and environmental safety. However, due to the lack of coordination, cooperation and communication among public authorities (both at horizontal and vertical levels), significant progress in the implementation of international commitments on disaster risk reduction and proper disaster risk management has not been achieved yet [2].
Importantly, environmental issues are an integral part of good disaster risk management. This situation is driven, in particular, by climate change, which is manifested by more frequent natural disasters – floods, hurricanes, etc. It is assumed that the financial consequences of natural disasters caused by climate change will increase 15-fold in the near future [3].
In 2009, a Memorandum of Understanding on Cooperation on Natural Disaster Risk Reduction and Rapid Recovery [4] was concluded between the Ministry of Emergency Situations and the United Nations Development Programme in Ukraine (hereinafter – the UNDP). According to this Memorandum, the cooperation was to facilitate implementation of key priorities of the Hyogo Framework for Action (the predecessor of the Sendai Framework). In particular, the memorandum envisaged development of the policy and elaboration of a national strategy, a national platform and an intra-sectoral forum for disaster risk reduction [5].
According to the Association Agreement between Ukraine and the EU countries [6], Section 6 Environment contains Article 364 defining cooperation in the field of civil protection.
Despite the fact that Section 6 of the Association Agreement between Ukraine and the EU countries emphasizes the need for environmental protection measures, coordination of efforts of all authorities, and cooperation, the implementation of Article 364 of the Agreement is the sole responsibility of the State Service of Ukraine for Emergencies [7].
Such an approach looks misbalanced, as it precludes the planning of relevant actions in coordination with operations of the other public authorities. This issue needs to be addressed, and bringing international cooperation under Sendai Framework in the field of responsibility of TESE Commission (Technical and Environmental Safety and Emergencies Commission) [8] might be one of the possible solutions. Besides, we believe that the composition of the Commission should be expanded.
Civil and environmental safety are those markers, which indicate that the right to a safe environment for life and health has been ensured. The Civil Protection Code of Ukraine does not contain such a concept as “civil safety”. It defines “fire safety” and “technogenic safety”. At the same time, the definition of environmental safety is contained in the Law of Ukraine “On Environmental Protection”.
Environmental safety is a state of natural environment preventing the deterioration of environmental conditions and health hazards. Article 16 of the Constitution of Ukraine specifies that it is the duty of the state to ensure environmental safety, to maintain environmental balance within the territory of Ukraine, to prevent the consequences of Chornobyl catastrophe, a global disaster, and to preserve the gene pool of the Ukrainian people.
There is no definition of environmental balance in the legislation. However, in view of the definition of environmental safety, it follows that the environmental situation is deteriorated upon occurrence of an emergency, which is accompanied by loss of environmental equilibrium and deterioration of environmental situation.
At the same time, environmental rights are guaranteed through the obligation of central executive authorities, enterprises, institutions, and organizations to implement technical and other safeguards to prevent harmful effects of economic and other activities on the environment, to comply with environmental requirements in planning, allocation of productive forces, construction and operation of economic facilities [9].
Therefore, it can be assumed that the occurrence of an emergency is accompanied by violation of environmental rights.
Article 66 of the same law stipulates thatduring the design and operation of economic and other facilities, the activities of which may have a harmful effect on the environment, safeguards to prevent accidents, as well as to eliminate their harmful environmental consequences, shall be developed and implemented. In other words, these safeguards reduce disaster risks and ensure taking of actions to mitigate and reduce vulnerability if such safeguards fail, regardless of the causes of the disaster (natural or technogenic).
In the case of an accident, which caused the environment pollution, enterprises, institutions, organizations shall immediately proceed with the liquidation of its consequences.
At the same time, officials or owners of enterprises, as well as heads of institutions and organizations shall report about accidents and actions taken to liquidate their consequences to the executive committee of village, settlement, city council, central executive authority in charge of the implementation of state policy in the sphere of sanitary and epidemic welfare of population (MOH of Ukraine and State Service of Ukraine for Food Safety and Consumer Protection) of a corresponding regional, Kyiv, Sevastopol city state administration, and in the territory of Autonomous Republic of Crimea and the city of Sevastopol – to the body of executive power of the Autonomous Republic of Crimea for environmental protection, as well as to the general public.
The
Code of Civil Protection of Ukraine defines the prevention of emergencies as a
set of legal, socio-economic, political, organizational and technical, sanitary
and hygienic and other actions aimed at ensuring the technogenic and natural
safety, conducting an assessment of risk levels, proactive responding to the
threat of emergency on the basis of monitoring, expertise, research and
forecasts on the possible course of events to prevent them from escalating into
an emergency in compliance with paragraph 11 of Article 1 of the CPCU.
Thus, the issue of disaster prevention or disaster risk reduction
necessitates the implementation of procedures, such as environmental impact
assessment and strategic environmental assessment, as these are the procedures
aimed at assessing risks.
Paragraph 2 of Article 2 of the Law of Ukraine “On Environmental Impact Assessment” states that environmental impact assessment (EIA) shall be performed in compliance with the environmental protection laws, taking into account environmental conditions in the location of the planned activity, environmental risks and forecasts, prospects for socio-economic development of the region, capacity and types of cumulative impact (direct and indirect) on the environment, including the impact of the existing facilities, planned activities and facilities in respect of which a decision on the planned activities has been received or the issue of making such decisions is being considered.
The Environmental Impact
Assessment Report for a particular proposed activity shall describe risks to human health, cultural
heritage sites and the environment, including those due to the possibility of
emergencies, as well as a description of the expected significant adverse
environmental impacts of the activity due to the project vulnerability to the
risks of emergencies, actions to prevent or mitigate the environmental impacts
of emergencies and actions to respond to emergencies.
Thus, the legislator has integrated some requirements of the
Sendai Framework into the environmental impact assessment procedure when
planning the activities, a list of which is contained in Article 3 of the Law
of Ukraine on Environmental Impact Assessment.
When issuing a conclusion on the environmental impact
assessment, the authorized body, i.e. the Ministry of Environment or the
relevant department, or the Department of Ecology and Natural Resources of the
Regional State Administration, shall specify in the conclusion the
environmental conditions to be met, which, in particular, shall address such
issues as conditions for prevention of emergency situations and elimination of their
consequences; prevention, avoidance, reduction (mitigation), elimination,
limitation and monitoring of the proposed activity impact on the environment,
as well as conduct of the post-project monitoring.
Thus, the Ministry of
Environmental Safety, as well as relevant departments and divisions of the
regional state administration manage disaster risks during environmental impact
assessments.
The Law of Ukraine “On Strategic Environmental Assessment” in its Article 3 defines that SEA is conducted with the aim to promote sustainable development by way of ensuring the environmental protection, life safety of population and public health, integration of environmental requirements in development and approval of state planning documents.
A report on SEA must describe environmental issues, including risks of impact on public health, related to the state planning document, in particular in relation to areas holding a special nature protection status (according to administrative data, statistical information, and research findings). It should also assess the impact on the environment, including public health, namely any possible effects on flora, fauna, biodiversity, soil, subsoil, climate, air, water, landscape, natural areas and sites, population safety and health.
Moreover, the SEA must identify, describe and assess the consequences of the implementation of the state planning documents for the environment, including public health, justified alternatives, develop actions for the prevention, reduction and mitigation of eventual adverse effects. Definitely, like the EIA, the SEA is of limited effect and applies only to the activities defined in Article 2 of the Law. It should be noted that both the EIA and the SEA may be used for a wider range of issues than those provided for in the relevant laws.
Despite the fact that the law is improving continuously and it can be argued that it covers such a concept as environmental risks that determine environmental safety, Prof. V. Andreytsev’s [10] statement that “the ensuring of environmental safety in practice is hampered by the presence of different approaches to the application of environmental legislation”, remains relevant.
We find confirmation of these thoughts in the Concept of Risk Management of Technogenic and Natural Emergencies [11]. The purpose of the Concept is to introduce modern risk management methods to reduce the number and minimize the social and economic consequences of emergencies, ensuring the achievement of a guaranteed level of safety of citizens and society.
The achievement of acceptable risk levels throughout Ukraine must be implemented using a stage-wise approach. The first stage is to identify risk levels in all sectors of the economy, as well as the most dangerous sources of emergencies and ensure that they are reduced to the values of accepted risk levels. The second stage must ensure that the risk levels throughout Ukraine will be consistent with those used in economically developed countries [12]. Unfortunately, the issue of environmental protection and environmental risks is not raised by this Concept.
The national standard for overall risk management [13] specifies that there are certain standards for dealing with the risk, regardless of its setting. In particular, the purpose of the overall risk assessment is to ensure that evidence-based information is obtained and analyzed in order to make informed decisions on how to handle specific risks and how to choose their management option.
Picture 1.
The contribution of overall risk assessment to the risk management process
According to the Sendai Framework, disaster risk
reduction aims to prevent the occurrence of new and reduce the existing
disaster risk, as well as manage the residual risk, which contributes to
building resilience and hence achieving sustainable development. Disaster risk
reduction is a policy goal of disaster risk management; its goals and
objectives are defined in disaster risk reduction strategies and plans.
Environmental protection function of the state should be focused on prevention of consequences of cataclysms irrespective of their cause – natural reasons or human recklessness [14].
In view of the above, the duty of the state of Ukraine to guarantee to its citizens the right to a safe environment for life and health may be fulfilled only through deep coordination, cooperation and communication of all authorities regardless of their business and territory of operation. After all, as noted above, security risks are inherent in all areas of economic activity, because even in the absence of technogenic threats, natural disasters may occur, and they should be monitored, analyzed, predicted, and prevented.
“Civil and environmental safety are those markers, which indicate that the right to a safe environment for life and health has been ensured.”
Sofia Shutiak, Strategic Analyst of theR2P Project “Reducing Disaster Risk Vulnerability in Eastern Ukraine – Phase II“
This document covers humanitarian aid activities implemented with the financial assistance of the European Union. The views expressed herein should not be taken, in any way, to reflect the official opinion of the European Union, and the European Commission is not responsible for any use that may be made of the information it contains.
[1] On March 8, 2015, in Sendai, Japan, the Third UN World Conference on Disaster Risk Reduction adopted the Sendai Framework (2015-2030), a 15-year voluntary non-binding agreement outlining complex, human-oriented measures to reduce the risk of disasters.
The Sendai Program focuses on various kinds of disasters, more and less large, frequent and infrequent, sudden and gradual, regardless of the cause, whether natural or anthropogenic, as well as related natural, biological and technological losses and risks. The program provides for multilevel risk management. The program is expected to significantly reduce the risks of disasters, human losses, deterioration of health, living conditions, economic, physical, social, cultural and natural assets of individuals, businesses, communities and countries.
[6] Annex XXX of the EU-Ukraine Association Agreement contains
a list of 29 environmental Directives that need to be implemented.
[7] The action plan for the implementation of the Association
Agreement between Ukraine and the EU countries, approved by the Cabinet of
Ministers of Ukraine dated October 25, 2017 (N 1106) involves State Service of
Ukraine for Emergencies in the
implementation of most measures for improvement of environmental safety, in
particular, the organization of air monitoring, control of hazardous substances
lists, basin management principle, as well as combat flooding.
Prime Minister of Ukraine, Chairman of the State Commission, Minister of Communities and Territories Development, First Deputy Chairman of the State Commission, Minister of Internal Affairs, Deputy Chairman of the State Commission, Minister of Health, Deputy Chairman of the State Commission, Chairman of the State Service of Ukraine for Emergencies, Deputy Chairman of the State Commission,
Minister of the Cabinet of Ministers of Ukraine, Minister of Defense, Minister of Foreign Affairs, Minister of Justice, Minister of Finance, Minister of Infrastructure, Minister of Energy, Minister of Environment and Natural Resources, Minister of Education and Science, Minister of Social Policy, Deputy Minister of Health – Chief State Sanitary Doctor of Ukraine, Minister of Economic Development, Trade and Agriculture, Head of the State Border Service, Head of the State Food and Consumer Service, Head of the National Police, Head of the Security Service of Ukraine (by agreement), Chairman of the National Bank (by agreement), Deputy Secretary of the National Security and Defense Council of Ukraine (by agreement), President of the Ukrainian Red Cross Society (by agreement).
[9] Article 10 of the Law of Ukraine “On Environmental
Protection”.
[10] Ecological risk in the system of legal relations of
ecological safety: problems of practical theory, “Law of Ukraine”, 1999, №
1.
[14] O. Plotnikov, Ecological and legal norms in social systems,
“Law of Ukraine”, 1999, № 1.
22.12.21
Today we present the report ‘Crossing the contact line’ for November 2021, prepared by the CF “Right to Protection” (R2P). The report is based on data collected during the monitoring of the situation at the EECPs in eastern Ukraine, as well as on the IBCPs “Milove” and “Hoptivka” on the border with Russia.
On 5 November, for several hours no one could cross the contact line in Luhansk oblast due to shelling near the Stanytsa Luhanska checkpoint, only one of two EECPs still open on both the GCA and the NGCA sides of the line. Then on 24 November the Marinka checkpoint was also shelled. Only exceptional crossings are authorized by NGCA side at Marinka EECP, with 14 crossings reported in November(SBGS statistics).
Last month for the first time, travellers crossing Stanytsa Luhanska showed a higher percentage of respondents reporting concerns than those crossing Novotroitske EECP in Donetsk oblast. The proportion in Stanytsa Luhanska jumped from one eighth in September to one quarter in October and November. Raised levels of concern in Luhansk oblast appear to correlate with the temporary anti-Covid restrictions imposed by the Luhansk NGCA from 9 October to 11 November and will probably fall back to September levels from December.
Stanytsa Luhanska EECP is usually open seven days a week. By contrast movement in Donetsk Oblast is more restricted. Novotroitske EECP is only open two days per week, and residents must seek permisson from Donetsk NGCA two weeks in advance, giving a humanitarian justification for their request.
In November, 737 persons, 55 per centof those who entered the GCA through Novotroitske EECP, were tested for COVID-19 as were 2,312 persons, 14 per centof those who entered GCAvia Stanytsa Luhanska EECP. They were tested because they could not install the Vdoma location-aware app on their phones, an acute problem for people crossing the contact line to GCA, especially people aged 60+ and people with serious illnesses.
IBCP Observations
To reach the GCA, many NGCA residents prefer to make arduous journeys to reach international border crossing points than cross the contact line. They enter or exit Russia through Milove IBCP in Luhansk oblast or Hoptivka IBCP in Kharkiv oblast, because crossing the contact line is now possible only through two EECPs, Novotroitske in Donetsk oblast and Stanytsa Luhanska in Luhansk oblast, both with varying restrictions.
The survey indicates that in November, more residents of Donetsk NGCA crossed both Hoptivka and Milove IBCPs than Luhansk NGCA residents did. Although only a sample was surveyed, tentative inferences can be drawn. Larger numbers from Donetsk NGCA correlate with the tighter restrictions for crossing the Novotroitske EECP in Donetsk oblast.
The travel distances are sometimes enormous. Some respondents said that to travel between the GCA and the NGCA via an IBCP, they had to travel 1,300 km, about same the distance as from Donetsk to Lviv.
Due to the lack of transport at Hoptivka IBCP, between the Russian and Ukranian border gates, people have to walk 1.2 km on foot. This is especially challenging for the elderly, the sick, and those with heavy luggage.
Nearly all respondents (95%) reported that a typical journey costs from 1,000 to 2,000 UAH (34-68 USD) one way. Others said they spent 3,000 and even up to 4,000 UAH (109-143 USD) for their journey.
Hoptivka IBCP still lacks shelters and places for people to sit while waiting for buses for up to three hours.
UNHCR continued the installation of the shelters and prefabricated modules at Milove IBCP in November.
The report is based on the results of a survey, regularly conducted by the specialists of the Charitable Fund “Right to Protection” (R2P) at the five EECPs in the Government-Controlled Areas (GCA) and administered regularly since June 2017. The survey is a part of the monitoring of violations of the rights of a conflict-affected population within the framework of the project “Advocacy, Protection and Legal Assistance to the Internally Displaced Population” implemented by the R2P with the support of UNHCR.
The purpose of a survey is to explore the reasons and concerns of those traveling from the NGCA to the GCA, as well as conditions and risks associated with crossing the ‘contact line’ through EECPs. The information collected in the survey helps identify protection needs, gaps, and trends, and provides an evidentiary basis for the advocacy efforts.
UNHCR and R2P are grateful for the critical financial support provided by donors who have contributed to the Ukraine operation, as well as those who have contributed to UNHCR programs with broadly earmarked and unearmarked funds.
A tired elderly woman was crying near the Hoptivka Border Checkpoint. When our colleague, monitor Valeria Samarska, finally managed to calm her down, she told a sad story…
Ms. Lyubov Volodymyrivna is 70 years old and lives in the territory temporarily out of Ukraine’s control. Due to a mistake of the Pension Fund, she was forced to urgently come to Kyiv, and from there – to Kharkiv. Having spent almost her entire monthly pension on the trip, the woman hurried home. She decided to go through the Goptivka checkpoint, where, as her acquaintances told, there were smaller queues.
In the hustle and bustle, Ms. Lyubov lost her passport to travel abroad. Therefore, when the monitor of our Fund saw her, the woman was in complete despair. Ms. Lyubov had no idea where to turn, what to do and how to get home. Our colleague calmed the woman down and started to be active.
Thanks to the coordinated cooperation of the monitor Valeriia Samarska with the lawyer of the project “Legal assistance to stateless persons in Ukraine” Oksana Zhelanova and representative of the management of the Kholodnohirsk Department of the State Migration Service Of Ukraine Maria Kovalenko, woman applied for loss of passport of a citizen of Ukraine for travel abroad. As a result, the woman’s citizenship was confirmed and all necessary procedures were urgently carried out.
Soon, Mrs. Lyubov will be able to get a new passport. We hope that there will be no more reasons for the woman to cry again. Good luck!
CF “Right to Protection” (R2P), in turn, expresses our sincere gratitude to the leadership of the Kholodnohirsky department of the State Migration Service of Ukraine in the Kharkiv region for conscientious fulfillment of the requirements of the current legislation and their official duties. We also thank the leadership of the Migration Service of the Kharkiv region for effective cooperation in providing assistance to the people.
Project “Legal assistance to stateless persons in Ukraine” is implemented by the CF “Right to Protection” (R2P) with the support of the United Nations High Commissioner for Refugees (UNHCR).
We bring to your attention the report on the implementation of the Programme “Legal Support for IDPs and Local Self-Government Bodies”, prepared within the R2P Project “Promotion of Social Infrastructure Development, USIF VI”.
Seven years have passed since the beginning of the occupation of Crimea and the armed aggression of the Russian Federation in Donetsk and Luhansk oblasts. However, the forced movement of the population of Donetsk and Luhansk oblasts of Ukraine from the dangerous zone of the armed conflict still continues.
The ability of IDPs to integrate into the host community depends significantly not only on national policy but also on local programmes, as it is the host party that, through the efforts of local self-government bodies, has the opportunity to create favourable conditions under which IDPs can reveal their potential and truly become a part of the community.
An important place among such special programmes is occupied by housing programmes for IDPs, as they are aimed at solving one of the most pressing issues for displaced people.
Within the Programme, Charitable Fund “Right to Protection” (R2P) provided advisory support to local authorities in selected communities during the construction (reconstruction) of housing facilities for IDPs. R2P also conducted outreach and educational work among IDP candidates for living in such housing by explaining to them the provisions of current legislation of Ukraine on providing IDPs with temporary housing and providing assistance in preparing the necessary documents
Although the conflict in Donbas is still ongoing, the decentralization reform is being implemented in Government-Controlled Areas. To help local authorities build a system of social services, R2P is implementing the project “Ensuring access to the social services in amalgamated territorial communities (ATCs) along the contact line.”
On December 3, 2021, in Sviatohirsk, within the framework of the project, two-day training for eastern Ukrainian communities was held. Representatives of five communities located on the contact line learned to develop local social protection programs and apply for the Projects Contest from the State Fund for Regional Development. Those communities are Marinka City Civil-Military Administration (CMA), Hirska ATC, Nyzhnyoteplivska Village ATC, Sartana ATC, and Svitlodar City CMA.
“This year, we started supporting communities in the process of creating social institutions. Previously, they (communities – ed. note) did not have such experience before. Of course, we understand that there are not enough funds in the local communities to meet all their needs next year,”
– said Maria Alekseyenko, head of the department for work with the population affected by the armed conflict at CF “Right to Protection” (R2P).
“Today’s training is a practical lesson on preparing community development projects. We give people a clear understanding of how to write development projects, programs, including social ones. How to describe the problem, argue and look for ways to solve particular problems and how to find additional sources of funding”,
– adds Oleg Lyubimov, Decentralization Coordinator at R2P.
For two days our specialists discussed:
the stages of development and implementation of the target programs;
how subventions from the state budget are distributed and used;
algorithm of actions for receiving the state funding;
the state policy of regional development;
details on the project;
general principles of the project budget, etc.
“We showed community representatives the state financial support possibilities they are eligible for, as well as highlighted clear algorithms of action: what exactly the community needs to do to receive this funding,”
– said Ihor Dorosh, Finance Expert at the CF “Right to Protection” (R2P).
Representatives of communities at the training also prepared their own projects and shared their thoughts and impressions with us.
“Information at the training is provided in a logical order, so we are able to keep up and practically implement it. We see what goal we can set for ourselves and what tools we can use to achieve it,”
– said Tetyana Yerokhina, Deputy Head of the Svitlodar City CMA.
“Thanks to the R2P, we have already established a department of social protection – a Center for the provision of social services in the community. These training sessions are very necessary for us because now there are no specialists who fully advise on how to properly apply to the SFRD. The coaches teach and help us in a very innovative way,”
– said Olena Stakhova, Nyzhnyoteplivska ATC.
“We live right on the contact line. We have been waiting for a long time for our community to be created. We came to the training with specialists who have their own ideas, but they do not have the skills, knowledge, and tools to implement it,”
– Yuliia Onyshchenko, Deputy Head of the Sartana ATC.
We thank all the participants for such kind words!
In the next year, we wish you to implement all the submitted projects!
The project “Ensuring access to the social services in amalgamated territorial communities (ATCs) along the contact line” is implemented by the CF “Right to Protection” (R2P) with the support of the United Nations High Commissioner for Refugees (UNHCR).
The Verkhovna Rada of Ukraine has just adopted the Law of Ukraine “On Amendments to the Law of Ukraine“ On Citizenship of Ukraine “on Simplified Acquisition of Citizenship of Ukraine by Certain Categories of Persons” (Bill №5630).
The draft introduces a number of important amendments to the Law of Ukraine “On Citizenship of Ukraine”, in particular to Article 9 on the citizenship of Ukraine.
When the Law enters into force (after it will be signed by the President of Ukraine), stateless persons will have the opportunity to be granted Ukrainian citizenship three years after being officially recognized as a stateless person through the Stateless Determination Procedure.
The current Law of Ukraine “On Citizenship of Ukraine” does not provide for a separate procedure for naturalization of the officially recognized stateless persons, and the general approach to citizenship of Ukraine is possible only if the person continuously resided in Ukraine for the last 5 years. In addition, due to the peculiarities of the legal status of the stateless persons, which are recognized in Ukraine under the new procedure, there are no rules that would clearly define what exactly should be included in these five years.
The new law clearly states that for stateless persons, the period of continuous legal residence on the territory of Ukraine must be three years from the date of recognition.
The CF “Right to Protection” (R2P) will soon provide more information on key changes to the legislation on Ukrainian citizenship and its possible positive impact on documentation procedures.
Watch the video about the first person, who was officially recognized as stateless in Ukraine and received her first identity document (in Ukrainian).
More details on the Stateless Determination Procedure (SDP) in Ukraine.
On the recent changes in the procedure for obtaining a passport of a citizen of Ukraine: will the procedure for identifying a person become easier? (in Ukrainian)
14.12.21
This year, 83 applicants, accompanied by lawyers and attorneys of the R2P team, submitted their documents for the Stateless Determination Procedure (SDP). This has been made possible thanks to the effective cooperation with the State Migration Service of Ukraine (SMSU).
On December 2, during an online meeting with the representatives of the State Migration Service of the Kyiv Region, specialists of the CF “Right to Protection” (R2P) spoke about the legal assistance to the stateless persons and about the ways to solve problems in non-standard cases.
The event was joined by the employees of the SMS, including Olga Valetenko, Deputy Director of the Department, Head of the Temporary and Permanent Residence of Foreigners, and Stateless Persons of the State Migration Service of Ukraine.
Lawyers and advocates of the R2P Sofiia Kordonets, Victoria Volynska, Alexandra Aivazian, Konstiantyn Funzhyi, and Kseniia Karahiaur shared their own experience in this area and spoke about:
The main categories of persons applying for the Stateless Determination Procedure (SDP);
Challenges when submitting applications for an SDP;
Ways to facilitate the application for recognition of stateless persons in non-standard cases.
Since April 2021, every person who can’t get a passport due to not being considered a citizen of any country, has the right to apply to the State Migration Service of Ukraine to become recognized as a stateless person.
Due to the implementation of an SDP, the CF “Right to Protection” (R2P) is holding its third event at the regional level with the representatives of the SMS of Ukraine.
The Team of the Fund plans to continue to meet with the government officials and other agencies to establish effective cooperation in this area, as well as to raise awareness and share the information about the new Stateless Determination Procedure.
Our team is sincerely grateful to the participants for their interest in the topic and for their active participation in the event! We look forward to continuing our cooperation.
Project “Legal assistance to stateless persons in Ukraine” is implemented by the CF “Right to Protection” (R2P) with the support of the United Nations High Commissioner for Refugees (UNHCR).
