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: June 2021
11.06.21
Our colleagues always emphasize that, in order to develop the long term housing solutions, one of the main tasks is to create a regional program of preferential lending for the purchase or construction of housing for IDPs living in the Kharkiv region.
On June 11, a working meeting was held on the issue of the implementation of regional housing construction programs. The meeting was chaired by the Deputy Head of the Kharkiv Regional State Administration (KRSA) Mykhailo Harnam. Specialists of the Kharkiv Office of the Charitable Fund “Right to Protection” (R2P) also joined the meeting.
A number of important issues were discussed during the meeting, including the:
approval and financing from the regional budget of the regional program of preferential crediting for the purchase / construction of housing for IDPs living in the Kharkiv region;
opportunities to allocate funds from the regional budget to the communities of the region for their participation in receiving a subsidy for the establishment of a temporary housing fund for IDPs.
Following the discussion, an agreement was reached to meet again in September 2021 to discuss this issue. It is planned to involve employees of the Department of Finance and the Department of Economics and International Relations of KRSA to discuss in more detail the terms of the regional program.
We hope for further fruitful cooperation with the Kharkiv Regional State Administration and the achievement of positive results!
Due to the restrictions on crossing the contact line, thousands of people are blocked from accessing their permanent residence, visits, or care for family members, collecting social benefits or pensions to which they are entitled, obtaining birth and death certificates amongst other essential needs.
As a result, many NGCA residents decide to go to GCA through the Russian Federation and cross the Russian-Ukrainian International Border Crossing Points in Milove and Hoptivka. This trip necessarily takes much longer than crossing the contact line, and incurs additional expenses, for transportation, and, in many cases, the payment of a fine for illegally crossing the border.
The team of the CF “Right to Protection” (R2P) has prepared the note “Going around the contact line. Information on movements of NGCA residents through the Russian Federation”. This note is based on information collected by R2P at the two border points, through interviews with State Border Guard Service of Ukraine staff, people crossing the border points, and observation, during monitoring visits in April and May 2021.
The offices of the CF “Right to Protection” in Kyiv, Kharkiv and Lviv are open! We provide consultations and other legal support to all refugees who have been forced to flee their countries due to persecution and/or military conflict and massive human rights violations.
Our lawyers and attorneys will advise you on all issues related to the state asylum procedure. In particular, by coming to the office or by calling us, you can get free legal assistance in:
applying to the migration service for refugee status in Ukraine;
obtaining “Dovidka” (Certificate) – a document of asylum seekers in Ukraine;
all-round support of the asylum case and litigation of the case in court (in case of refusal by the Migration Service).
You can also learn from our lawyers:
what kind of assistance is provided by the UNHCR in Ukraine for refugees and asylum seekers,
about other UNHCR partner organizations hosting refugees and what kind of assistance they provide, as well as,
what awaits you in Ukraine, which education, employment and development opportunities you have.
Contact or call us from Monday to Friday from 09:00 to 18:00:
«Sometimes, it seems that a little can surprise me at work, yet some impossible scenarios may arise from time to time. When I speak with our beneficiaries I just don’t understand how they manage to endure and overcome the obstacles that were artificially created by the state.»
– says Ruslan Bereteli, a lawyer of the Charitable Fund “Right to Protection” (R2P).
The story of our cooperation with Mariabegan in the winter of 2020, when a woman came to the Kurakhiv office of the CF “Right to Protection” (R2P) with a request for help. For almost an hour, she, a native of Donetsk city, told how she studied and worked in her hometown, how she got married and gave birth to two daughters. At first, it seemed like a usual life of an ordinary person. Yet there was one moment: for all this time she did not exist legally – in her 31st year, she did not have a passport or any other relevant identity documents. She couldn’t receive birth certificates for her children, couldn’t get an official job, or buy train/plane tickets.
«First of all, we had to confirm the fact that Maria lived on the territory of Ukraine as of 1991. According to my own legal experience at R2P, I have never seen such a motivated client before. Each instruction regarding the collection of evidence was carried out almost instantly: a relative of our client in Donetsk searched for evidence in the school where our beneficiary studied, and in the hospital, where she was registered since childhood. We also were able to receive certificates from the company where Maria’s mother worked. She managed to find the student’s personal file, medical card, certificates, and much more.»
– says Ruslan Bereteli.
The evidence of Maria’s residence in Ukraine as of 1991 was indisputable, and therefore the woman had the right to be recognized as a citizen of Ukraine. However, in court, despite the obvious evidence, a representative of the State Migration Service (SMS) opposed establishing this fact. Leonid Serafimovych, a lawyer of the CF “Right to Protection” (R2P), argued and insisted on the beneficiary’s position, and the court supported our side.
For several months, the Migration Service did not comply with the court’s decision: Maria was not provided with the application form, demanded to provide some non-existing evidence, offered to wait for the head of the service, and so on. The difficult issue of legal support to the State Migration Service of Ukraine department could not be resolved, because once again it was advised to “wait for the SMS head”…
So our lawyers did. CF “Right to Protection” turned directly to the head of the State Migration Service of Ukraine. The case was immediately taken under control, and the documents were accepted. Within three months, Maria received a certificate of belonging to Ukrainian citizenship and later – a passport.
Until now, the woman had to use copies of recently received birth certificates. Now she was able to pick up the originals. Maria also reissued her lost registration number of the taxpayer’s account card. There is a lot of work behind, yet no less ahead – now a woman will have to deal with making a comfortable life for herself and her children: get an official job, apply for social benefits, and more. But, as Maria says:«The passport opens all doors. A truly universal key»
From March 29 to April 30 of this year, the Charitable Fund “Right to Protection” (R2P) researched the access to services provided in the Administrative Service Centres (hereinafter – ASC). Monitors of our organization interviewed 863 people who crossed the contact line in both directions through the Entry-Exit Checkpoints (hereinafter – EECP) “Stanytsia Luhanska” in the Luhansk region and “Novotroitske” in the Donetsk region.
The research was conducted to obtain information on the following aspects of the work of the ASCs:
1) Experience in receiving the administrative services within the 60 years old age group, as persons of this vulnerable group cross the contact line most often.
2) Experience in applying for a passport of a citizen of Ukraine in the form of a card upon reaching the age of 14 (for the first time). In addition to the research on the quality of these services, we have also studied the difficulties in collecting the documents required for the application. The passport confirms the citizenship of Ukraine, and hence the legal relationship between the individual and Ukraine.
3) Sources of information about the state administrative services to improve overall informing about the above-mentioned services.
4) Experience of applying to the ASCs stationed at the Entry-Exit Checkpoints (EECPs) and to the mobile ASCs.
5) The impact of COVID-19 on access to administrative services.
“For a long time we have been researching the freedom of movement across the contact line, and it is pervasive for the Right to Protection Charitable Foundation. The issue of access to administrative services at the EECPs in the Administrative Service Centres (ASCs) is a relatively new topic, as the ASCs have appeared only recently at some checkpoints.
At the same time, our study is very timely, as the Decree of the President of Ukraine “On the implementation of the Decision of the National Security and Defense Council on some issues of intensifying the process of peaceful settlement of the situation in Donetsk and Luhansk regions.”
The first paragraph of the Decree instructs the Cabinet of Ministers to complete the arrangement of the EECPs towards the temporarily occupied territories in Donetsk and Luhansk oblasts within three months, complete the development of their infrastructure, establish the provision of humanitarian, logistical, postal, and other services near each checkpoint. In this context, the research prepared by the R2P experts comes in handy, as it points to problematic issues that can be addressed in the process of setting up new Entry-Exit Checkpoints. “
– says the Advocacy Coordinator at R2P Elina Shyshkina
According to the results of the research, we were able to find out that people are mostly satisfied with the quality of administrative services provided in the ASC, but it is important to raise public awareness about administrative services, and the procedure for receiving such services.
At the same time, the lack of an administrative procedure that would facilitate the quick and easy registration of the children born at the Non-Government Controlled Areas, as well as the renewal of birth certificates issued before the armed aggression of the Russian Federation, is a matter of concern. In addition, the administrative procedure for registering internally displaced persons needs to be simplified. Such changes will improve access to obtaining the first passport of a citizen of Ukraine in the form of a card at the age of 14.
Respondents from Donetsk and Luhansk Oblasts need the creation, proper functioning, and content of ASC websites (in particular, those operating near the EECPs and mobile ASC); information stands with handouts.
Also, people expressed that they would like to receive the following services at Administrative Service Centres:
registration of residence, vehicles, and real estate;
issuance of a passport, ID card, and driver’s license; registration of subsidies.
ASCs at the EECPs provide mainly informational rather than administrative services. As a result, respondents are sometimes dissatisfied with the quality of administrative services provided to them.
The biggest problem of the respondents who tried to cross the contact line through the EECPs after receiving service at the ASCs is the presence of restrictions on crossing the contact line through the EECPs.
According to the results of the study, the CF “Right to Protection” (R2P) recommends that the Government of Ukraine needs to:
Establish an out-of-court procedure that would facilitate the registration of births of children born at the Non-Government Controlled Areas, as well as simplify the renewal of birth certificates issued before the armed aggression of the Russian Federation, and simplify the procedure for registering internally displaced persons.
Ensure proper access to administrative services for persons crossing the Entry-Exit Checkpoints in the direction of the Government-Controlled Areas. In particular, to continue the opening of ASCs at EECPs and mobile ASCs in Donetsk and Luhansk oblasts.
Ensure the provision of primarily administrative, rather than informational services at the ASC near the EECPs.
Create Administrative Service Centres websites, in particular, those EECPs near the contact line and for mobile ASC, as well as set up information stands filled with handouts.
The full results of the research, conclusions, and recommendations of the CF “Right to Protection” (R2P) can be found in the report.
* This document covers humanitarian aid activities implemented with the financial assistance of 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.
«Assistance to the IDP families in resettlement has always been a priority in the work of the Charitable Fund “Right to Protection” (R2P). And in this situation, it is important that the local communities be willing to help internally displaced persons find their new homes. We are grateful that there are such communities in the Dnipropetrovsk region, which are ready to accept and help IDPs from other regions. Communities that are actually open to people!»
– said Myroslava Sushchenko, head of the Dnipro and Zaporizhzhya office of the CF “Right to Protection” (R2P)
The Story of Displacement
Svitlana and Oleksandr. Back in the peaceful days, they used to renovate their old home, putting all their love and efforts into making it better, but all these happy days were short…
In 2014, the family was forced to leave Shakhtarsk due to the start of active hostilities and initially, the occupation of the city.
Fleeing the war in the east, the family found their first shelter in the west of Ukraine in Sambir district, where they have been living for almost 5 years. Svitlana and Oleksandr still remember the lovely nature of the Carpathians and the kindness of the people around them.
After learning about the possibility of moving to the module settlement in the Kirovohrad region, the family decided to go, due to it being closer to their home. So they moved to Novohradivka. The couple lived in the new place for two years, but the high rent and insufficiently developed infrastructure forced them to start searching for a new place once again… And during this period they found the contacts of the CF “Right to Protection” (R2P).
Olena Pazenko, a monitor at the Dnipro and Zaporizhzhya office of the Right to Protection Charitable Foundation, immediately offered the family possible options for resettlement. After the consultation, they stopped their choice at the city of Pokrov, Nikopol district. Svitlana and Oleksandr have been hesitating for several months, and when they finally decided to come, our colleagues accompanied them in the new community. After inspecting the room in the dormitory, walking around the city, the family made the final decision to stay.
Within one day, Svitlana and Oleksandr received an IDP registration certificate at the new location, underwent the necessary examinations at the hospital, and applied to the settlement commission.
місто Покров
«I have been going to Pokrov with monitoring visits since 2015, and every time I visit this incredible town I fall in love with it in a new way. And it is the people who make it so cozy. Pokrov is a city where people are not indifferent to the fate of internally displaced persons. So it was this time.
When we were collecting a package of documents, people everywhere came to meet us. We did not see officials, we saw caring people. I would like to express special gratitude to Valentyna Minenko, director of Zhytlokomservice, which has IDP dormitories on its balance. She is always ready to provide shelter to the people who became homeless due to the hostilities in eastern Ukraine, »
– commented Olena Pazenko, a monitor at the Dnipro-Zaporizhzhya office of the Charitable Fund “Right to Protection” (R2P).
Eventually, a week after the application was submitted, the family moved into a dormitory.
Oleksandr loved the city at first sight. When he learned more about the city, he made sure that he and his wife were not mistaken:
«I walk around the city a lot here. It inspires, and it’s actually made for people! As a person with a disability, it is difficult for me to walk a lot, but there are benches everywhere, you always have the opportunity to sit down and relax. It’s nice to feel taken care of. »
– told Oleksandr about his experience of living in a new place.
Svitlana is already arranging a new house and dreams that the children who now live in the Zhytomyr region will also move to Pokrov and the family will finally reunite. Her words of gratitude are very valuable to us:
«R2P, thank you that in the 7th year of the war, when fewer organizations take care of IDPs, you did not leave us, the displaced, alone with our own problems.»
The State Migration Service of Ukraine (SMSU) advised Halyna Mykhailivna to turn CF “Right to Protection” (R2P). SMSU staff began assisting the woman in obtaining a passport when they discovered a strange fact – the record of a woman’s birth was missing from the State Register of Civil Status.
It is known that Halyna Mykhailivna was born in 1956 in the city of Kupyansk, Ukrainian SSR. The woman received a birth certificate, on the basis of which she graduated from school and entered the institute. On her 16th birthday, she received a passport of a citizen of the USSR. In 1983, the woman officially married, which was recorded in the State Register of Civil Status.
When all of Halyna Mykhailivna’s documents were lost, it became necessary to obtain a birth certificate again. It is necessary to issue a passport of a citizen of Ukraine in the form of an ID card.
Halyna Mykhailivna turned to the Charitable Fund “Right to Protection” (R2P) for help. Our lawyer had a detailed interview with the woman and made a number of inquiries, but in the end, there was a sad confirmation that there was no data about the woman’s birth at all. Neither an act entry in the State Register of Civil Status Acts nor information in the Birth Registration Books – like if Halyna Mykhailivna never existed.
On the basis of previously collected evidence, the lawyer of the CF “Right to Protection” (R2P) filed a lawsuit in the interests of Halyna Mykhailivna. And only a court decision was able to establish the birth of a woman.
Thanks to the fast and coordinated work of the Kholodnohirsky department of the State Registrar of the Acts of Civil Status, the woman was holding a birth certificate the next day. This was the first and most important step on the way to the dream passport. No wonder ancient wisdom teaches: “A journey of a thousand miles begins with a single step”.
We thank the employees of the Kholodnohirsky District Department of State Registration of Civil Status Acts of the Eastern Interregional Department of Justice of the Ministry of Justice of Ukraine (in Kharkiv) for their high professionalism and humanity in providing assistance!
Our colleagues continue to work on the registration of the passport for Halyna Mykhailivna. We will inform you of the progress in it in the near future!
Fakhridin was born in 1993 in Tajikistan. At the age of 15, he moved to Ukraine together with his mother. His first place of residence was the village of Pikuzy (old name – Kominternove, Novoazovsk district, currently a Non-Government Controlled Area of Ukraine).
There he received education and successfully completed nine classes. Later he lived and studied in Volnovakha and Mariupol, where in 2013 he graduated from the Mariupol Vocational Lyceum of Motor Transport and received a truck crane driver certificate.
In Mariupol, Fakhridin started a family, and later two children were born – a boy and a girl. All this time, for almost 15 years, he tried to get an identity document in Ukraine to have the right to work legally and become a full member of society.
However, due to the gaps in the legislation, it was not possible. No matter how much he tried to apply to the Migration Service, he always received denials and threats to be forcibly deported…
Our colleagues have taken all the necessary legal actions to help. A lawsuit was initiated and the fact of Fakhridin’s family relationship with his sister, who lives in Mariupol and has the status of a citizen of Ukraine, was established.
This year, thanks to changes in legislation and court decisions, it has become possible to apply to the State Migration Service of Ukraine for recognition as a stateless person.
In addition, Fakhridin became the first applicant for a Stateless Determination Procedure in the Donetsk region. Now he believes and hopes that Ukraine will take his side and recognize his right to exist, so he will be able to work legally, sign a declaration with a doctor and never again be afraid of forced deportation!
Mykhailo was born in the late 1960s in the Kursk region of the former USSR. In 1984, the man moved to a permanent residence in the Donetsk region. Here he received education and his first passport as a citizen of the USSR. He later started to work and got married.
Mykhailo did not receive the passport of a citizen of Ukraine in time due to the lack of the necessary forms. However, in his USSR passport, he was marked as a “Citizen of Ukraine”. The man lived with this document until the 2000s, but then he lost his passport.
For several years, a man tried in vain to obtain a passport of a citizen of Ukraine. Due to the fact that the man did not have any document confirming his citizenship, the State Migration Service of Ukraine refused to document him with a passport of a citizen of Ukraine.
In August 2020, Mykhailo turned to the Slovyansk office of the Charitable Fund “Right to Protection” (R2P) for help in obtaining a passport. The lawyer made numerous inquiries in order to obtain evidence of the man’s permanent residence in Ukraine as of 24 August 1991. Witnesses who agreed to appear in court to confirm Mykhailo’s residence in Ukraine also helped to prove his identity.
After receiving sufficient evidence, the lawyer sent a statement to the court establishing the fact of Mykhailo’s permanent residence on the territory of Ukraine as of August 24, 1991.
The court granted the application, and with this decision, Mykhailo applied to the State Migration Service of Ukraine department to obtain a certificate of registration as a citizen of Ukraine.
In early April, the man received a long-awaited passport. With this document, a man will finally be able to undergo a full medical examination.
«Life turned upside down when I was hit by a car and suffered a severe leg fracture. Without documents, I could not even pass a medical examination, »
– Mykhailo said with hope after he received the passport of a citizen of Ukraine.
Yet, the story did not end there
A few years ago, a tragedy occurred in his life: he was hit by a car at a crosswalk and his leg was broken and not cured.
Without documents, Mykhailo was unable to seek medical help and has been using crutches all this time, thus risking having gangrene because his leg was broken and not healed for several years.
After receiving his passport, Mykhailo underwent a medical examination and hopes to have surgery. Having signed a declaration with the family doctor, he finally has the opportunity to seek surgical help.
However, the man faced a new problem. The operation costs 20,000 hryvnias, but he does not have money and, due to his health condition, he is not able to earn it alone.
Mykhailo applied to multiple banks for a loan, but each bank denied him because he had no official source of income.
Mykhailo requires urgent leg surgery. It is the only chance to save his leg from amputation due to gangrene.
