Statelessness among Children in Ukraine. Why and How?

30.04.21

Under Article 1 of the 1961 Convention on the Reduction of Statelessness, a Contracting State shall grant its nationality to a person born in its territory who would otherwise become a stateless person.

Citizenship is granted:

(a) at birth, under the law or

(b) in the event of a breach before the competent authority of the application by or on behalf of the person concerned following the procedure laid down by national law. Subject to the provisions of paragraph 2 of this Article, no such request may be rejected.

According to Article 7 of the Convention on the Rights of the Child, a child must be registered immediately after birth, have the right to a name and a nationality, as well as, as far as possible, the right to know his or her parents and their custody. States (the Parties who signed up for the Convention) shall ensure that these rights are exercised in accordance with their national law and that their obligations under relevant international instruments in this field are fulfilled, in particular where the child would not otherwise be national.

Ukraine has acceded and ratified both treaties, yet the families of asylum seekers or even families who have received the statuses of additional protection in Ukraine cannot obtain Ukrainian citizenship for their children born in Ukraine, which puts them at risk of statelessness. Dozens of children born in the families of asylum seekers who received legal assistance from the Charitable Fund “Right to Protection” (R2P) have undetermined citizenship.

Legislation of Ukraine and the position of the State Migration Service

Existing international treaties, ratified by the Verkhovna Rada of Ukraine, are part of the national legislation of Ukraine. However, notwithstanding the provisions of both of the above-mentioned Conventions, the Law of Ukraine “On Citizenship of Ukraine” does not provide for the possibility of a child born on the territory of Ukraine from foreigners or stateless persons (hereinafter – stateless).

Therefore, the problem affects all seekers of protection in Ukraine, because the application for protection can be considered with further appeal in court for years. During all this time, people stay on the territory of Ukraine on legal grounds, which fundamentally distinguishes their legal status from those foreigners and stateless who are legally living in Ukraine and have all the relevant documents.

The only legal possibility to acquire the citizenship of Ukraine for a child of an asylum seeker, who was born on the territory of Ukraine, is currently left by Article 8 of the Law (on the territorial origin). At the same time, the practice of the CF “Right to Protection” (R2P) is such that units of the State Migration Service deny the applications of the parents of a child born in Ukraine, citing formal grounds. The refusal is motivated, for example, by the failure to submit an identity document by the applicant, although such a document may be kept in another territorial body of the Migration Service.

Thus, instead of efforts aimed at the actual prevention of statelessness among children, we see a tendency to narrow the possibility of acquiring Ukrainian citizenship by a child when there is a threat of statelessness.

For example, the Verkhovna Rada of Ukraine is currently considering Bill № 2590 on Amendments to Some Laws of Ukraine on Citizenship which proposes to make a similar requirement to Article 7 of the Law on the legality of residence of parents in Ukraine before the procedure for acquiring citizenship by the territorial origin of a child who would otherwise remain stateless [1] (Article 8 of the Law).

Position of the UN Committee on the Rights of the Child

Back in 2011, the UN Committee on the Rights of the Child recommended that Ukraine amend its legislation to legally and in practice guarantee the child’s right to citizenship and the right not to be deprived of it on any grounds and regardless of the status of the child’s parents. In 2020, Charitable Fund “Right to Protection” (R2P) within the coalition of NGOs [2] reported to the UN Committee on the Rights of the Child on the state of observance of children’s rights in Ukraine since 2011.

Once again, the problem of undocumented applicants for protection, the impossibility of their children to acquire Ukrainian citizenship due to the status of parents was also mentioned. In 2017 and 2020, with the participation and coordination of the R2P, reports were prepared and submitted within the framework of the Universal Periodic Review (UN instrument), where the situation of children seeking protection in the context of the threat of statelessness was analyzed as well [3].

In September 2020, during the UN Committee on the Rights of the Child expert consultations with the public, the issue of the threat of statelessness among children seeking protection in Ukraine was also raised. The Committee was interested in the number of children of asylum seekers born in Ukraine who do not have citizenship. The CF “Right to Protection” representatives noted that there is no official data on that matter, though there are many families with children among the beneficiaries of the R2P whose citizenship has not been determined or they are at risk of statelessness.

In October the Committee raised several questions based in particular on information from the public and international organizations to the Government of Ukraine [4], including the need to reiterate the measures to prevent the statelessness among the children of undocumented persons and asylum seekers, stating that every child must receive the identity documents. So the dialogue on this issue can now be considered open, still, the problem is not solved yet.

So, how should it be?

Let’s return to the conventional provisions. It is stipulated that the State grants its citizenship to a person born in its territory who would otherwise be a stateless person.

According to General Comment №17 of the UN Human Rights Committee [5], States are obliged to take all the appropriate measures, both internally and in cooperation with other States, to ensure that any child is granted citizenship at birth.

And the United Nations High Commissioner for Refugees (UNHCR) Statelessness Guidelines [6] prescribe that the phrase “would otherwise be stateless” means the child will become stateless if only the state where he or she was born will not give this child citizenship.

It is further stated that in order to determine if a child would otherwise be stateless, it is necessary to determine whether the child has acquired the citizenship of another state – the citizenship of the parent state (jus sanguinis principle) or the state in which he/she was born (jus soli principle). There is no one-size-fits-all standard for evaluating evidence if a child will otherwise become stateless, but a child may be stateless as a result of a wrong conclusion.

On the one hand, the 1961 Convention on the Reduction of Statelessness does not oblige the State to automatically grant citizenship to all children born in its territory. On the other hand, in each individual case, the competent authority must determine whether the child will become stateless in the event of a refusal to grant him or her the nationality of the State concerned.

This conclusion provides an answer to the question of why stateless children are born in Ukraine: before denying the applicant (s) the right to acquire citizenship by a child born to foreigners and stateless in Ukraine, the risk of statelessness for this child is not investigated by the competent authority. Children with uncertain citizenship born on the territory of Ukraine to foreigners, stateless or undocumented persons are not registered.

To reduce the number of stateless children in Ukraine, it is also advisable to exclude the dependence between the legal status of a child’s parents and the acquisition of citizenship by the birth of a stateless child (Article 7 of the Law of Ukraine “On Citizenship of Ukraine”) and of course to prevent the introduction of such a requirement to Article 8 of the Law of Ukraine “On Citizenship of Ukraine”.

Links:

Although the draft was not submitted by the Government and was not prepared by the Ministry of Internal Affairs and the State Migration Service (SMSU), the SMSU provided an official position to the relevant Parliamentary Committee, in which no comments were submitted against the amendments proposed to Article 8.
Items 59, 60 of the report. The report is available on the OHCHR website at https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/UKR/INT_CRC_NGO_UKR_43236_E.docx
Joint Submission to the Human Rights Council at the 28th Session of the Universal Periodic Review (Third Cycle, 6-17 November 2017) ”- https://index.statelessness.eu/sites/default/files/Joint%20Submission%20to%20the%20Human%20Rights%20Council%20at%20UPR28%20-%20Ukraine%20%28Mar%202017%29.pdf State of Observance of the Rights of Refugees, Asylum Seekers and Stateless Persons in Ukraine https://drive.google.com/file/d/1Wzb9oYJduyjbOZ33LUY9fCAm8mHT5m4H/view
List of the questions of the Committee on Human Rights is available on the OHCHR official website https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhskqYO9zSBmqrbZ%2fIIWaof%2fzNUOu18KHiy9vURvq824l8QE9pdGuUTfjLxzP8rW3CE3oXSq4SqYeQrjAX5YTMW8pSkdK1Ot3W2yULNpL46jlD
Article 24 of the International Covenant on Civil and Political Rights https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
Available at https://www.refworld.org/docid/50d460c72.html

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27.04.21

Just a few days ago Ukraine paid the Guinean applicant in the case of “Nur and Others v. Ukraine” (application no. 77647/11) EUR 9,800 in respect of the violation of her right to liberty and security. The applicant faced gender-based violence in Guinea and was forced to flee and seek international protection. She was a minor at the time of her detention. In the first stages of detention she was accompanied by her brother, but later they were placed in various MCCs.

The judgment in the case was handed down on 16 July 2020, but we refrained from reporting it because of the difficulties encountered by the applicant due to the incorrect translation of her name in the judgment. So far, the translation has been edited and we are ready to share our experience.

Strategic litigation expert Svitlana Butenko comments on the case:
“The violations committed by Ukraine concerned the apprehension and detention of the applicant in the THF and MCC. The ECtHR found that the applicant had been held in a THF for identification purposes for further expulsion beyond the statutory 10 days at the time, and that she had been kept in a MCC for almost 6 months, despite the fact that she was a minor, although the law expressly prohibited this. The appeal against the detention was not “prompt” and therefore, accordingly, effective, as the applicant’s complaint had been considered after her release from MCC”.

Read more:

23.04.21

We are glad to present 2020 Annual Report ‘Crossing the contact line’. The report is based on data collected by NGO ‘Right to Protection’ during the monitoring of the situation on EECPs. More statistical data is available on the Eastern Ukraine Checkpoint Monitoring Online Dashboard: https://www.unhcr.org/ua/en/eecp-monitoring-2020.

HIGHLIGHTS:

✅ On March 12, The Ukrainian Government adopted a number of measures aimed at COVID-19 prevention. Starting 22 March, EECP operation was suspended in the GCA, while the same happened at the NGCA a day before. Rapid developments put many people who were coming to EECPs into a difficult position; some even did not have enough means for temporary accommodation. In particular, forty people travelling to the NGCA got stuck at Stanytsia Luhanska EECP.

✅ Introduction of quarantine measures caused a drastic decrease in the number of crossings. Thousands of people were deprived of the possibility to receive social payments, pensions, birth and death certificates, to visit relatives or property. Some were cut off from their permanent place of residence.

✅ In July, 83 persons were compelled to remain in the buffer zone at Novotroitske EECP for several days, having no possibility to return to the GCA or proceed to the NGCA.

✅ Daily in August-September, up to ten persons had to stay overnight in the shed in the buffer zone at Stanytsia Luhanska EECP as they were not allowed to return to the NGCA due to inability to confirm residence registration.

✅ Similar to 2019, visiting relatives was the most widespread reason to cross in both directions. Receiving pensions or social payments and withdrawing cash were more common among people travelling from the NGCA.

Звіт «Перетин лінії розмежування через КПВВ», лютий 2021 року Report ‘Crossing the contact line’, February 2021

✅ Before the introduction of quarantine restrictions, long lines were the main concern of the respondents at all EECPs. But in the fourth quarter of 2020, the majority became distressed with issues with permissions to cross, as it was possible only through two EECPs by a complicated procedure (52 percent compared to 8 in the first quarter).

✅ Also, in 2020, at least 3,000 people were provided with help from R2P monitors with installing and running the app «Vdoma». Moreover, R2P monitors have assisted about 800 people in getting permissions for crossing from the Coordination Group.

The report is available in English and in Ukrainian.

The purpose of the 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 line of contact through EECPs. The information collected in the survey helps identify protection needs, gaps, and trends, and provides an evidentiary basis for advocacy efforts.

Also read:

21.04.21

Statelessness Determination Procedure has been developed and approved under Article 6-1 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”.

This law stipulates that a person who cannot obtain a passport due to the lack of citizenship of any country has the right to apply to the Migration Service for recognition as a stateless person. Statelessness Determination Procedure is already available and, if you are undocumented and suspect that you do not have citizenship, you already have the right to apply to the State Migration Service of Ukraine (SMSU) for the status of a stateless person.

Why should I apply?

The authority will check whether you actually do not have the citizenship of any country in which you or your parents have been living, born, etc. If this fact gets confirmed you will be granted the official status of a stateless person. This means that you will receive an identity document and will have the legal right to stay in Ukraine.

How to know if I am a stateless person?

You don’t have to know that for sure.

The following signs may indicate a lack of citizenship:

• you have lost your passport long time ago or never had it at all;

• the consulate of your country of residence refuses to document you;

• the Migration Service reported that you do not have Ukrainian citizenship;

• you do not have a birth certificate and/or a passport due to the lack of citizenship of your parents;

• you are not sure that you do not have citizenship, however, you suspect that you have lost it and have been in Ukraine for a long time without identity documents;

• other.

Can I apply on my own? Where should I go?

Yes. Although you stay illegally in the territory of Ukraine and have no identity documents, you are still able to apply for recognition as a stateless person. Applications are considered by the bodies and subdivisions of the State Migration Service of Ukraine (SMSU).

How to prepare for the application?

1. Collect the documents

The procedure stipulates that if possible, the applicant must provide the following documents:

1). Identity document, OR a document granting the right to enter or leave the country, issued by a foreign state (in other words, a travel document);

2). A document certifying the fact of non-citizenship of another state, the validity of which has expired (replies of the consulate or embassy of a foreign country), OR the other document which confirms the information contained in the application.

How the application is processed and accepted

Як звернутися з заявою про визнання особою без громадянства?

You should personally contact the State Migration Service division/body/department at your area of residence. According to the Procedure, territorial divisions of the SMSU (in your district should be at least one of them) accept applications in the same way as territorial bodies (regional offices, their list is available on the official website of the State Migration Service of Ukraine).

The SMSU employee who is entrusted to receive applications for statelessness fills in the application from your words in a special electronic system called “State Migration Service of Ukraine Departmental Information System”. After you provide all the necessary information, the application is printed and issued to you (or your legal representative) for review. After correction of all the errors/inaccuracies, you must sign your statement.

The application form approved by the Government can be found at the link.

Your biometric data (your digitized fingerprints) will be collected during the application process.

On the day of acceptance of the application, the Migration Service must provide you with a certificate (Dovidka) proving that you currently applied for recognition as a stateless person. The following certificate is valid for 6 months from the date of submission of the application and confirms that you have all the legal grounds to stay in the territory of Ukraine (i.e., for the entire procedure as the term for consideration of the application is 6 months).

If the Migration Service was unable to collect and analyze all the necessary information to confirm your citizenship within this period, the certificate is prolonged to up to 12 months. In this case, be sure to contact the Migration Service to extend the certificate’s validity a week or two before its expiration.

What’s an interview?

The interview is a formal conversation between the applicant and the State Migration Service employee to clarify all the information provided by the applicant during the application process. Everything said during this meeting is documented and the participants of the interview give their signatures to confirm that all the recorded information is correct. All information is then taken into account when making the final decision. The interview is initiated by the SMSU or by the applicant.

If you want to report new information, describe some facts, or provide new documents that you have just received, initiate an interview with the Migration Service. To do this, you must first apply for an interview to the body or department of the SMSU, where you applied for recognition as a stateless person. The interview must be conducted no later than 10 working days from the date of submission of this application.

The State Migration Service also has the right to initiate an interview, the date of which must be notified to you no later than three working days before the interview.

!! Pay attention! If you can’t attend the interview be sure to let the SMSU know about this via sending them a written notice. And also make sure that the Migration Service has received your notice.

In which case can I be denied an application for recognition as a stateless person?

This is possible in four following cases:

1. If you have the citizenship of Ukraine or a foreign state and it became obvious to the employee of the SMSU at the time of your application. For example, you came with a valid passport of a citizen of a certain country.

2. If you already have the official status of a stateless person. Persons that have an identity document confirming the stateless status do not have the right or need to apply for recognition as a stateless person in Ukraine. The only exception is for the person who has lost his/her stateless status. In this case, you must provide proof of termination of the stateless status received earlier.

3. If you refuse to consent for your neighbors, relatives or other acquaintances to be questioned to confirm the information that you have provided in your application.

!! The absence of such persons is not a ground for refusing to accept the application!

4. If you refused to provide your biometric data (digitized fingerprints).

Only a person who is physically in Ukraine can apply for a stateless status.

What should I do if my application gets rejected?

1. Demand the written copy of a refusal to accept the application, which contains the reasons for refusal. If the reason for refusal is different from the reasons listed above, such refusal can be considered illegal.

2. Contact the Charitable Fund “Right to Protection” (R2P) for a free consultation (LEGAL ASSISTANCE AND OUTREACH TO STATELESS PERSONS AND THOSE AT RISK OF STATELESSNESS tab)

3. You can send a copy of the refusal together with your complaint to the State Migration Service of Ukraine (a sample of a complaint). The State Migration Service of Ukraine controls and coordinates the activities of its territorial bodies and subdivisions and, according to the legislation is obliged to consider the citizens’ appeals.

!! You have the right to re-apply for recognition as a stateless person in case the circumstances due to which you were denied were eliminated.

!! If your application for recognition as a stateless person is not accepted, you can file a complaint. The sample complaint is available for download in .docx format following the link (system requirements: Microsoft Office 2010 or newer)

Person’s rights and responsibilities during the application procedure

You have the right to:

1. Initiate an interview with the State Migration Service of Ukraine (SMSU) employee to provide the additional information and the other information that was not mentioned at the time of acceptance of the application.

2. Ask for a translator from the SMSU if you do not understand Ukrainian. In such a case it is desirable to apply in written form.

3. To receive a certificate of application (Dovidka) on the day of submission of the application for recognition as a stateless person: the “Dovidka” certificate will confirm the legal grounds for a temporary stay on the territory of Ukraine.

4. Work during the period of the processing of your application, provided that your employer obtains permission from the Employment Center.

You must:

1. Always appear for the interviews with the Migration Service or notify in advance of the need to postpone the date of the interview.

2. Provide all the evidence that you have to support your words. In particular, you are obliged to provide the new document just received (if relevant to the procedure) within 10 working days of receiving it.

3. After receiving the decision on recognition as a stateless person, you are obliged to apply to the Migration Service for a temporary residence permit within 10 days.

4. If you have been recognized as a stateless person and subsequently obtained the citizenship of a foreign state, you are obliged to notify the State Migration Service in written form within 30 days from the date of registration of citizenship.

Annex: sample complaint on the SMSU refusal to accept the application for recognition as a stateless person:

Download in .docx format (system requirements: Microsoft Office 2010 or higher)

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19.04.21

Did you know that in the Donetsk region there is a state system that monitors the atmospheric air 24/7? According to the Ukrainian Scientific Research Institute of Ecological Problems (USRIEP), the state of the environment is monitored by stationary posts and analytical laboratories of three subjects of the regional monitoring system:

Donetsk Regional Center for Hydrometeorology (DRCH); It monitors the state of the air with two analytical laboratories and a stationary network of 11 posts (5 in Mariupol, 4 in Kramatorsk, and 2 in Slovyansk). The stationary post for Kramatorsk near the village of Yasnohirka is not working and needs to be restored. The following indicators are measured: dust, levels of sulfur dioxide, carbon monoxide, nitrogen dioxide, hydrogen sulfide, phenol, ammonia, formaldehyde, heavy metals.

State enterprise “Donetsk Regional Laboratory Center of the Ministry of Health of Ukraine”. Monitors the atmospheric air (content of harmful substances) in the Donetsk region in places of residence and recreation of the population and in the natural areas of resorts at 5 stationary posts. The following parameters are measured there: dust, levels of sulfur dioxide, carbon monoxide, hydrogen sulfide, nitrogen dioxide, phenol, soot, formaldehyde, lead, cadmium, zinc, cobalt, manganese, copper, chromium, iron, benz (a) siren.

Communal enterprise “Directorate of capital construction of administrative and residential buildings” of the Donetsk Regional State Administration. Includes 7 observation points in Kramatorsk, Mariupol (2), Mykolayivka, Bakhmut, Kurakhove, Novoluhanske, where the carbon monoxide, nitrogen oxides, sulfur dioxide, ozone, aerosol particles, phenol, formaldehyde, benzene, toluene, toluene, toluene and toluene levels are measured. Monitoring of the impact on the state of atmospheric air of industrial emissions of 26 enterprises is carried out by the 50 automated indicator observation points in 10 cities: Kramatorsk, Mariupol, Kurakhovo, Mykolayivka, Druzhkivka, Kostiantynivka, Pokrovska, Volnovakha, Bakhmut, Novoluhanske, Soledar, Mykolayiv.

Monitoring and the collection of information on the air quality is not carried out according to European standards, as it should have been according to the commitments made by Ukraine in the field of emission control. As of today, such data do not allow specialists to get a complete picture of the risks associated with air pollution.

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16.04.21

Today R2P presents the report ‘Crossing the contact line’ for March 2021, prepared by the NGO ‘Right to Protection’. The report is based on data collected during the monitoring of the situation on EECPs. More statistical data is available on the Eastern Ukraine Checkpoint Monitoring Online Dashboard: https://www.unhcr.org/ua/en/eecp-monitoring-2021

HIGHLIGHTS:

This month, crossing the contact line remained possible only through two EECPs: Novotroitske in Donetska Oblast and Stanytsia Luhanska in Luhanska Oblast, at a level considerably below the pre-COVID period. The number of people crossing the contact line increased in March compared to February by 37%: 52,823 and 33,000 respectively.
On 18 March, Stanytsia Luhanska EECP was finally provided with free rapid antigen tests, and a state laboratory point was deployed. The large flow of people exceeded the available capacities, which resulted in long queues. Therefore, many people preferred to take a paid PCR test from either of five different trailers of private laboratories.
There were no places in the observation facility in Luhansk Oblast still. In March, in Donetska Oblast, 40 people were sent to the observation facility, all of them either had an inappropriate phone model or no phone at all. Also, 771 persons who crossed to GCA at Novotroiske EECP (81 percent) took the rapid antigen test, and 754 persons at Stanytsia Luhanska (one percent).
In line with R2P advocacy, on 22 March, amendments were made to Resolution #1236 on quarantine COVID-19 measures that greatly facilitated the crossing procedure for foreigners. Therefore, foreigners who have permanent residence in Ukraine do not need to have insurance when crossing the contact line to GCA.
During March, 3,657 vulnerable elderly persons were provided with transport support at Stanytsia Luhanska EECP by the NGO “Proliska” e-vehicle.

Report ‘Crossing the contact line’, March 2021 Звіт «Перетин лінії розмежування через КПВВ», березень 2021 року

The report is available in

English and in Ukrainian.

The report is based on the results of a survey conducted by R2P at the five EECPs to enter the NGCA and administered on a regular basis since June 2017. The survey is a part of the monitoring of violations of rights of conflict-affected populations within the framework of the project ‘Advocacy, Protection, and Legal Assistance to IDPs’ implemented by R2P, with the support of UNHCR. The purpose of the 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 line of contact through EECPs. The information collected in the survey helps identify protection needs, gaps, and trends, and provides an evidentiary basis for advocacy efforts.

Also read:

16.04.21

In 2017, at the initiative of a number of human rights organizations, a resolution № 268 “On approval of the Procedure for granting the status of a child affected by hostilities and armed conflicts” was developed and then – adopted.

According to this document, such a status can be obtained by a child or a person who has not reached the age of majority (18 y. o.) at the time of the Anti-Terrorist Operation (ATO) /Joint Forces Operation (JFO) in the Donetsk and Luhansk regions, and who as a result of hostilities and armed conflicts:

received injuries, contusions, injuries;
suffered physical and sexual violence;
was abducted or illegally taken out of Ukraine;
involved in the actions of paramilitary or armed groups;
illegally detained, including in captivity;
suffered psychological violence.

As of the end of 2020, more than 52,000 children, including the 93 children who have received this status due to injuries and contusions, and one child that has been physically abused.

The numbers are impressive. But, unfortunately, this is just the tip of the iceberg. The fact is that most parents of children who could receive this status simply do not know about this opportunity or do not see the need for it as it does not provide the opportunity to receive benefits – neither the provision of qualified psychosocial assistance, nor the provision of free medicines.

In addition, as our experience shows, there are many cases of local authorities refusing to grant this status and even revoking it. We have few examples of this as our team has been working with such cases.

At the end of 2020, the monitoring team of the Mariupol office of the CF “Right to Protection” (R2P) revealed a systematic violation of the rights of minors in the Nikolsky district of the Donetsk region. The violation was the illegal and unjustified revocation of the status of a child affected by hostilities and armed conflict.

R2P Lawyer Ruslan Bereteli commented on this case:

“When I received this case for analysis and testing, I immediately realized that the situation requires prompt intervention, and the work promises to be difficult, but at the same time interesting as it was the first time I have encountered such a violation. And the systemic nature of the problem required active, I would even say aggressive interventions. The violation did not allow children to enjoy the benefit of the free meals, so it was necessary to respond as soon as possible.”

Руслан Беретелі про становище та права ромської спільноти в Україні

Colleagues immediately began to initiate meetings with everyone who could help and influence the situation. In this case, the director of the Nikolsky Center for Social Services for Families, Children and Youth was the only one who disagreed with the current state of affairs. However, we also had an ally in the Department of Social Protection of the Donetsk Region – its director is always a reliable partner in restoring justice for cases of violated human rights, she properly considers such appeals within her competence.

After all the meetings we agreed on the algorithms of cooperation and response. In addition, we asked the head of the Donetsk Regional State Administration to intervene in the situation, sending him a letter with a description and the legal analysis of the problem.

A representative of the Commissioner for the Observance of the Rights of the Child and the Family of the Secretariat of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine was also involved in solving the problem.

The result of the cooperation was a letter to the Commissioner for Human Rights of the Verkhovna Rada of Ukraine and the opening of proceedings on this issue (the case was in the process of regional representation in Donetsk and Luhansk regions).

The advocacy team of the Charitable Fund ”Right to Protection” was actively involved. Our colleagues worked with the Department for the Protection of Children’s Rights and Ensuring Equality Standards of the State Social Service of Ukraine.

They issued a sufficient number of appeals to the service, appealed and involved deputies of the Verkhovna Rada of Ukraine in the process. All this was the reason for submitting an official request from the People’s Deputy of Ukraine to respond and investigate the activities of the above mentioned children protection service.

Finally, the order of the head of the Mariupol Regional State Administration revoked the orders which illegally revoked the status of children, affected by hostilities and armed conflicts.

R2P congratulates everyone involved in this victory!

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15.04.21

We remind you that the offices of the CF “Right to Protection” (R2P) are working, even during the quarantine. Our lawyers and attorneys continue protecting the rights of refugees and provide consultations on all issues related to the asylum procedure in Ukraine.

to find out how to extend the Dovidka document during the quarantine period;

on which stage is your case at the State Migration Service of Ukraine;

when to await a court decision;

other issues regarding the assistance that can be provided to refugees during and after quarantine by the CF “Right to Protection” (R2P) and by the UNHCR partners.

Our Hotline is available from 09:00 to 17:00.

Feel free to call us if you need help or assistance:

Kyiv: +380930495218, +380443371762

Kharkiv: +380577511764, +380948111763

Lviv: +380930230855, +380322761921

Also read:

What is a Migrant Accommodation Centre (MAC) in Ukraine?

Can Ukraine extradite an asylum seeker?

Can a refugee obtain Ukrainian citizenship?

14.04.21

In 2019, with tears in her eyes, Lida entered the Kharkiv office of the Charitable Fund “Right to Protection” (R2P) for the first time, holding her five-year-old daughter’s hand.

The woman said that she was born in a Roma family during the Soviet era. She has been living in the Kupyansk district of the Kharkiv region since the late 1970s, but no documentary evidence of this exists. A woman cannot prove her citizenship of Ukraine and obtain a passport.

The Migration Service did everything possible for Lida – established her identity, and issued a certificate, but it was not possible to establish her citizenship of any state. Talking about her wanderings, Lida quietly wiped away tears and hugged her daughter, who had all the chances to repeat the fate of her mother and be left without documents, education, and a chance for a better life.

Passport for the sake of the daughter’s happy future. The story of Lida Паспорт заради щасливого майбутнього донечки. Історія Ліди

Lida signed an agreement with the Charitable Fund “Right to Protection” (R2P) on the provision of Free Legal Aid, and long and painstaking work began.

The fact of Lida’s residence on the territory of Ukraine as of August 24, 1991, was established in court. Later, a package of documents was prepared and submitted to establish Lida’s citizenship of Ukraine. Thanks to the high qualification, diligence, and persistence, and incredible efforts of the staff of the State Migration Service of Ukraine in the Kharkiv region (in particular, to the Ulyanchenko Kateryna Mykolayivna), the information necessary for Lida was formed and the documents were sent.

In the end, Lida received a long-awaited certificate of registration as a citizen of Ukraine, and 2 weeks later – the passport. Now the woman is happy: she finally has the opportunity to work officially, register her place of residence, and most importantly – avoid problems with documents for her daughter in the future.

Currently, employees of the Kupyansk Regional Department of the State Migration Service of Ukraine in Kharkiv Oblast, together with the R2P lawyer are working on the issue of registration of Lida’s seven-year-old daughter as a citizen of Ukraine.

Now Lida’s eyes still have tears, but those are the tears of joy and gratitude. Charitable Fund “Right to Protection” (R2P) wishes success to the family of the new citizen of Ukraine. Just believe – and everything will be fine!

UNHCR Ukraine – United Nations High Commissioner for Refugees in Ukraine

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