Appeal to the Governments of Ukraine and Slovakia for recognition of digital documents of Ukrainians in “Diia”

02.06.22

Cabinet of Minister of Ukraine

Ministry of Digital Transformation of Ukraine

Government of the Slovak Republic

Ministry of Interior of The Slovak Republic

We, the Right to Protection CF and Human Rights League avail themselves of this opportunity to express assurances of our highest consideration and esteem.

The Right to Protection CF is a Ukrainian non-governmental organization whose activities are aimed at ensuring the protection and observance of human rights including of internally displaced persons, stateless persons and refugees as well as of conflict affected population since 2014.

The Human Rights League is a Slovak non-governmental organization established in 2005 by lawyers and attorneys dedicated to providing legal assistance to foreigners and refugees in Slovakia. Our aspiration is to support building of transparent and responsible immigration, asylum and integration policies respecting human rights and dignity. Our initiatives aim to support self-empowerment of foreigners and refugees.

Based on the named activities, we draw your attention to the following.

On 24 February, 2022, Russian armed forces launched a large-scale invasion of Ukraine at multiple locations. The same day martial law was imposed in Ukraine by the President of Ukraine. As a result of this unprecedented atrocity of the Russian Federation, according to OCHA data as of May 25, 2022 almost 450 thousand people fled Ukraine to Slovakia.

Due to this situation on March 4, 2022 the European Council issued the Implementing decision (EU) 2022/382 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection. Since military hostilities have not been ended, it is possible to presume based on data of the humanitarian organizations that even more Ukrainians will flee Ukraine seeking temporary protection in Slovakia.

The Right to Protection’ lawyers assist in restoring identity documents of conflict affected population that were lost, stolen or destroyed during hostilities or evacuation. The process of identification and restoration is alleviated by the fact that starting on August 23, 2021 Ukrainian digital ID-cards and international passports are equated with their physical analogues in Ukraine. Meaning that on the territory of Ukraine named digital documents are treated as an equivalent of paper ones.

Moreover, in 2021, the European Commission issued Implementing Decision (EU) 2021/1380 of 19 August 2021 establishing the equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates issued by Ukraine to the certificates issued in accordance with Regulation (EU) 2021/953 of the European Parliament and of the Council. According to Article 1 of the Decision COVID-19 vaccination, test and recovery certificates issued by Ukraine in accordance with the ‘Single State portal of electronic services’ (Diia portal and mobile application) system shall, for the purpose of facilitating the right of free movement within the Union, be treated as equivalent to those issued in accordance with Regulation (EU) 2021/953.

Also, as of today, Polish and Moldavian state border services accept digital identity documents in application Diia to confirm Ukrainian nationality given that Diia is used widely by Ukrainians.

Apart from the named documents, only E-documents (a temporary digital document, which could be used for certifying identity of a person who lost documents during the martial law) are translated into English. Yet, there are other digital documents available in the application Diia that may grant additional rights or benefits to Ukrainians abroad.

Since the outbreak of the invasion, Human Right League’ lawyers have been providing legal aid for Ukrainians seeking protection in Slovakia. While doing our work we have encountered high numbers of cases when in the view of military hostilities effect, people do not have any paper documents, so as a result it takes more time them to get state provided services as well as other benefits. For example, at least identification documents which prove citizenship or permanent residence are needed to grant temporary protection immediately person applies for it. Also, frequently faced situations are when parents do not have paper birth certificate of their child, but at the same time its digital analogue is available in the Diia application.

Hence, if digital documents are considered in Slovakia as a sufficient proof of the legal facts, it will be significantly easier for people from Ukraine to obtain benefits and services they are entitled to.

Considering the above mentioned, we call on the Ukrainian authorities to provide translation into English of all documents in the application Diia for confirming certain legal facts and ensuring rights of Ukrainians abroad.

We also call on the Slovakian authorities to consider all digital documents in the application Diia as an equivalent of the paper documents and grant Ukrainians eligible rights and benefits based on such documents.

02.06.22

UNHCR estimates that there were roughly 5,000 asylum seekers and refugees in Ukraine prior to the Russian invasion on 24 February 2022. More than 2000 of them are refugees and persons granted complementary protection in Ukraine. Most of them were forced to flee the war in Ukraine and come to the European Union.

According to article 2 of the Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection (hereinafter – Council Implementing Decision (EU) 2022/382), nationals of third countries other than Ukraine, who benefited from international protection or equivalent national protection in Ukraine before 24 February 2022 and their family members are entitled to temporary protection.

Read below what documents issued by Ukraine confirm these statuses and find copies of them.

Who are beneficiaries from international protection in Ukraine?

Definition of international protection is established in Article 2 “Definitions” of DIRECTIVE 2011/95/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted. According to this article para (a), ‘international protection’ means refugee status and subsidiary protection status as defined in points (e) and (g).

Refugee status is granted based on the LAW OF UKRAINE on Refugees and Persons in need of Complementary or Temporary Protection in Ukraine and Convention Relating to the Status of Refugees 1951.

Refugees, who had to flee Ukraine after 24 February 2022 may have in their possession refugee’s certificate, the form of which is regulated by the DECREE of CABINET OF MINISTERS OF UKRAINE of October 11, 2002 № 1527 “On approval of the Resolution on the refugee’s certificate” (despite the fact that this resolution has already expired, the State Migration Service is allowed to use the available balance of refugee’s certificate forms, established by it):

and/or

refugee’s document for traveling abroad, the form of which is regulated by the DECREE of CABINET OF MINISTERS OF UKRAINE of October 11, 2002 № 1526 “On approval of Resolution on the refugee’s document for traveling abroad”(despite the fact that this resolution has already expired, the State Migration Service is allowed to use the available balance of refugee’s travel document forms, established by it).

According to the List “Travel documents issued by third countries and territorial entities (Part I)”, which is drawn up by the European Commission with the assistance of EU Member States and Schengen Associated States, ‘Refugee’s document for travelling abroad’ is issued to refugees in compliance with the 1951 Convention relating to the Status of Refugees. Document cover is in Cyrillic only. Data page reads: ‘Refugee’s document for travelling abroad’ and page one reads: ‘This document is a refugee’s document for travelling according to the Convention on the Refugee’s Status, 1951’. 18 Schengen countries recognize this travel document for crossing the external borders (Czech Republic, Germany, Greece, Spain, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Portugal, Slovenia, Slovakia, Finland, Sweden, Norway, Switzerland and Liechtenstein), 8 – do not recognize: the Netherlands, Luxembourg, Belgium, France, Italy, Denmark, Estonia, Iceland.

In a situation of forced re-displacement in search of a safe country, refugees should be protected from the obstacles generated by the non-recognition of their travel documents.

Their right to freedom of movement is guaranteed by the Convention relating to the Status of Refugees.

Host states and Ukraine should make efforts to ensure that refugee’s document for travelling abroad issued in Ukraine is recognized in all Schengen countries.

Who are beneficiaries from equivalent national protection in Ukraine?

According to COMMUNICATION FROM THE COMMISSION on Operational guidelines for the implementation of Council implementing Decision 2022/382 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection, “the Commission considers that ‘equivalent national protection’ in Ukraine is an alternative to international protection and covers other forms of protection granted by Ukrainian authorities such as temporary protection or humanitarian protection. The Commission is currently gathering information from Ukrainian authorities regarding the forms of protection under Ukrainian law and the documents issued by Ukrainian authorities to beneficiaries of such forms of protection. From the preliminary information received, the documents issued by Ukraine are: a ‘travel document for persons granted complementary protection’, a ‘stateless person’s travel document’, and a ‘certificate for persons granted complementary protection”.

Complementary protection is granted based on the LAW OF UKRAINE on Refugees and Persons in need of Complementary or Temporary Protection in Ukraine

Persons, granted complementary protection, who had to flee Ukraine after 24 February 2022 may have in their possession certificate for persons in need of complementary protection, the form of which is regulated by the DECREE of CABINET OF MINISTERS OF UKRAINE of March 14, 2012 № 196 “On approval of the Resolution on the certificate for person in need of complementary protection ”:

and/or

travel document for persons granted complementary protection, the form of which is regulated by the DECREE of CABINET OF MINISTERS OF UKRAINE of March 14, 2012 № 197 “On approval of Resolution on the travel document for person granted complementary protection ”.

According to the List “Travel documents issued by third countries and territorial entities (Part I)”, which is drawn up by the European Commission with the assistance of EU Member States and Schengen Associated States, 19 Schengen countries recognize travel document for person granted complementary protection for crossing the external borders (Belgium, the Netherlands, and Luxembourg, Czech Republic, Denmark, Germany, Estonia, Greece, Spain, France, Italy, Latvia (recognized for exit or transit to return to the place of residence), Hungary, Malta, Austria, Slovenia, Slovakia, Finland, Iceland) and 7 – do not recognize: Portugal, Switzerland and Liechtenstein, Poland, Lithuania, Norway, Sweden.

In a situation of forced re-displacement in search of a safe country persons granted complementary protection should be protected from the obstacles generated by the non-recognition of their travel documents.

Most persons granted complementary protection in Ukraine are unable to obtain a national passport, that is why their right to freedom of movement can become real only with the help of travel documents issued by Ukraine.

Host states and Ukraine should make efforts to ensure that travel document for person granted complementary protection issued by Ukraine is recognized in all Schengen countries.