NGOs and Charitable Organizations Open Appeal to the President of Ukraine on the issue of the scope of the National Strategy in the field of Human Rights

16.12.20

To the President of Ukraine

Volodymyr Zelenskyy

Dear Volodymyr Olexandrovych!

We, the non-governmental human rights sector organizations who work with the protection of the rights of victims of the armed conflict in Ukraine, with the fullest respect for You express our demand not to narrow the scope of the National Strategy for Human Rights.

Adopted through the Decree of the President of Ukraine in 2015, the National Strategy in the field of human rights needs to be updated. In the summer of 2020, the Ministry of Justice of Ukraine began work on developing amendments to the Strategy and drafting the Action Plan for its implementation. Representatives of the human rights NGO sector in Ukraine and international partners were involved in the work.

During October, the Directorate for Strategic Planning and European Integration of the Ministry of Justice of Ukraine held a series of meetings of thematic groups to develop an Action Plan for the implementation of the National Strategy in the field of human rights for 2021-2023.

The Coalition of Non-Governmental Organizations Concerning the Protection of the Rights of Persons Affected by the Armed Conflict in Ukraine submitted proposals to the Action Plan, which includes about 90 measures for overcoming the negative consequences of the armed conflict caused by the armed aggression of the Russian Federation and to protect, ensure and exercise the rights of internally displaced persons and residents of the occupied territories, those who live near the contact line in Donetsk and Luhansk regions, persons deprived of liberty as a result of the armed aggression of the Russian Federation against Ukraine, persons who have disappeared in unknown circumstances and members of their families.

The proposals were prepared and sent by experts from the NGO Sector Coalition and were partially taken into account. In particular, the Ministry of Justice proposes to combine the protection of internally displaced persons, residents of the temporarily occupied territories and residents of the so-called “gray zone” in one group – victims of armed aggression in Ukraine. At the same time, according to the logic of the Ministry of Justice, the categories of persons who disappeared during the conflict or who were deprived of personal liberty as a result of the armed conflict are not considered victims.

However, although the text of the draft amendments to the National Strategy for Human Rights includes some proposals submitted by NGOs, the draft Action Plan for the implementation of the National Strategy ignores these proposals.

Due to the fact that not all the measures planned for 2020 were implemented, NGO Sector proposed to update some of the measures and add new ones that would simplify access to education, administrative services, pensions, social benefits, intensify the process of land demining, introduce an evaluation mechanism of the needs of internally displaced persons and ensure the process of permanent financing of housing programs for IDPs.

Unfortunately, instead of developing high-quality and effective measures, the Ministry of Justice has chosen to focus on steps that are easier to implement and less conflicting to agree with other ministries. In particular, most of the measures proposed by the Ministry relate to the development and submission of draft regulations, although the drafting of regulations alone does not change the situation with human rights in Ukraine.

Such a plan, even if fully implemented, will not lead to the achievement of the goals set by the Strategy, which in turn will result in withdrawal of Ukraine’s movement towards a democratic state governed by the rule of law. Instead, the draft of the updated Action Plan, which focuses on regulatory activities, transforms the document into a formal and technical one, focused exclusively on quantitative indicators and does not introduce systemic changes.

We once again draw attention to the fact that the adoption of certain regulations does not necessarily lead to ensuring the realization of human rights and freedoms. Moreover, the decision to adopt them is the power of Parliament, as the National Strategy is a document that shows the intentions and specific actions of public authorities in certain areas.

We, the non-governmental human rights sector organizations who work with the protection of the rights of victims of the armed conflict in Ukraine, call to take into account the provided proposals and develop amendments to the National Strategy for Human Rights, as well as to the Action Plan for its implementation, taking into account the real needs of all categories of victims of the conflict caused by the armed aggression of the Russian Federation.

We emphasize that in the process of proposal for the Action Plan preparation we relied on our experience in the field of protection of the above mentioned persons and indicated their specific needs, that are not taken into account in the Ministry of Justice broad framework of the National Strategy.

Annex – proposals for amendments to the National Human Rights Strategy.

NGO “Civil holding “GROUP OF INFLUENCE”

KrymSOS NGO

ZMINA Human Rights Center

Right to Protection CF

Stabilization Support Services in Ukraine CF

Vostok SOS CF

Crimean Human Rights Group (CHRG)

01.12.20

On November 26, 2020, the Right to Protection CF, an executive partner of the United Nations High Commissioner for Refugees in Ukraine (UNHCR) hosted an online School of Migration Law.

Law students from different cities and different universities of Ukraine had the opportunity to join the event, during which they were introduced to such concepts as “asylum seeker”, “recognized refugee”, “person in need of additional protection in Ukraine” and “stateless person”, and also received information on the legislation of Ukraine, which regulates the status of such persons in Ukraine.

Школа з міграційного права School of Migration Law

Participants of the Migration School also had the opportunity to communicate with representatives of asylum seekers, refugees and stateless persons in Ukraine, hear their personal stories, as well as learn about problems and difficulties they face often .

«The main purpose of the Migration School was to provide students with theoretical and practical information on the protection of the rights of recognized refugees, asylum seekers and stateless persons in Ukraine, as well as to acquaint them with the practice of asylum seekers in the ECtHR. All participants were active and asked lots of questions to our lawyers, as well as wished the Migration School to be held more often»,
– summed up Oleksandra Lukyanenko, the lawyer at Right to Protection CF

R2P expresses sincere gratitude to all the students who joined the online School!

Whole 3-hour video of the event is available for viewing

05.11.20

On October 30, 2020 in Chernihiv, Ukraine, Right to Protection CF held a workshop «Common action of public authorities, legal aid centers and the public sector in support of asylum seekers in Ukraine»

Event was attended by the representatives of the State Migration Service of Ukraine and the Department of the State Migration Service in Chernihiv Oblast, the State Border Guard Service, the Chernihiv City Center for Free Secondary Legal Aid, the Regional Center for Free Secondary Legal Aid in the Chernihiv Region, the Chernihiv Regional Prosecutor’s Office, and the Chernihiv Temporary Holding Facility as well as the Ripky District Court of Chernihiv Region.

During the Discussion such issues were spoken out:

Peculiarities of interaction of public authorities with the secondary free legal aid centers and human rights organizations in cases for asylum seekers, which are located in temporary holding facilities for foreigners during the quarantine operation;
difficulties for governmental institutions in the process of processing the cases of asylum seekers;
The ways to solve the existing problems.

The seminar was held in a mixed format – most participants were physically present on the event, some joined through the use of videoconferencing tools, which became a new and interesting practice for participants. They were actively involved in the discussion.

According to Oleksandra Lukyanenko, a lawyer at Right to Protection CF, such meetings are a very important tool for establishing joint action with public authorities, free legal aid centers and human rights organizations in our common sphere of providing aid to the asylum seekers in Ukraine.

Project Manager, Lawyer at R2P Oleksandra Zhurko noted that such workshops are useful as they provide an opportunity to meet directly with all parties, as everyone are able to get answers to their questions in the shortest time possible.

05.11.20

On October 29, within the framework of the project for the integration of refugees Right to Protection CF organized an online training with experts from various businesses.

The purpose of the event was to acquaint the beneficiaries with business representatives, to give practical advice. It was held in the format of group coaching in 4 business areas at once: restaurant business, project management, translations and real estate.

Mashraf Khaidarov, owner of Mazza_cafe_halal, spoke about his successful experience of integration into society and doing business in Ukraine. Mashraf is a refugee from Tajikistan and has the status of a person with protection. He managed to win a grant from the United Nations High Commissioner for Refugees (UNHCR) program, thanks to which he was able to open a small business – cheburechnaya (Kavkaz self-service type of small cafe – edit. note).

«In the business plan, I wrote everything down to the smallest details: location, product, miscalculations to every cent. And most importantly – for whom I will do it, who is my client. This business grant helped me to start, was a perfect basis, and then I began to collect money and plan a larger-scale business»,
– Mashraf mentioned during his speech.

In his opinion, Ukraine is a favorable country for doing business. During the quarantine period, Mazza_cafe_halal were able to increase their profits and open 2 new points.

Igor Bilyk, Project Manager Coordinator at SoftServe IT company gave practical recommendations on how one can improve their life and systematize the workflow by using project management tools.

«The project manager needs to consider a large number of parameters in order to arrive at the desired goal. As in life, in project management it is necessary to be responsible, proactive, energetic, analyzing»,
– Igor shared.

Exclusively for the event participants, SoftServe provided 2 training certificates for the course in HTML / CSS / JavaScript Fundamentals. The first certificate was handed during the meeting, and the second will be given based on the results of the creative task.

Igor Zagrebnoy, CEO at i-translation.pro and Money Coach spoke about how one can make good money as a freelance translator.

«Nobody wants a cheap translation, everyone wants a high-quality and fast one,»
– says Igor

Speaker advises to look for clients all the time, everywhere, even when one just starts their own business. The expert also emphasized that it is important to have your own specialization and motivated the participants of the event:

«Taking absolutely all the orders you get is just not profitable. … The law of the Universe is: the client whom you can serve a quality product once will then always buy from you!»
– Igor said.

Elena Zvonareva, CEO at the Kub Real Estate Agency and a Business Coach also shared her experience.

«You can master the profession of a realtor without special education. In this sphere, recommendations are important, not certificates. The client always goes to the personality of the realtor, or to the atmosphere of the agency, and not to pieces of paper»
– Elena shared.

R2P thanks the speakers and companies who supported the event, thereby showing a high level of openness and corporate social responsibility!

You can also view the full version of the online meeting recording

29.10.20

On September 2, 2020, the Verkhovna Rada adopted the draft Law on Administrative Procedure № 3475 dated 14.05.2020 in the first reading. The Right to Protection CF considers it appropriate to provide the Committee with its analysis of the draft law and recommendations on the preparation of the draft for the second reading.

General caveats

Right to Protection CF considers that some of the project proposals are appropriate and can improve the realization of the rights and legitimate interests of individuals and legal entities in relations with the state. Such proposals should include the consolidation of the presumption of legality of actions and requirements of the person in Art. 15 of the draft, the obligation of the administrative body to collect evidence independently and not to transfer this obligation to the applicant in Art. 16 of the draft, detailing the requirements for the administrative act in Art. 67 of the draft, fixing the possibility to declare an administrative act invalid in Art. 85, etc.

In general, the creation of a unified procedure for consideration of appeals and decision-making on them can guarantee the possibility of personal protection of their rights and their timely implementation. However, the Right to Protection CF agrees with the position of the Main Scientific and Expert Department and believes that if the draft is adopted as a law, there may be negative consequences for a large number of existing procedures and administrative services that cannot be implemented within the general administrative procedure.

Risks to the procedure for processing an application for recognition as a refugee or as a person in need of complementary protection

1. The current legal framework, including a number of international treaties, enshrines the special vulnerability of this category of foreigners and stateless persons as asylum seekers, in particular, due to forced relocation, difficulty to obtain the documents proving their identity, low level of education, lack of sufficient funds to ensure a decent standard of living, experience of physical and psychological suffering, lack of language knowledge of the country, where they apply for protection.

Therefore, in order to ensure the rights of these persons and to prevent discrimination, the legislation establishes certain guarantees that are used by asylum seekers during administrative proceedings. Among the most important guarantees of access to international protection, enshrined in current legislation, are:

the procedure for submitting an application by a person who is illiterate or has physical disabilities;
the right to submit an application and documents substantiating the need for protection, in the native language and the obligation of the State Migration Service of Ukraine (SMSU) and other state bodies to provide an interpreter;
the procedure for submitting an application by a person who has illegally crossed the state border of Ukraine;
the procedure for action of the SMSU and other state bodies in the case of applying for protection of a child separated from his family;
the right to submit an application by a person who does not have identity documents or such documents are false, and the procedure for further consideration of such an application;
an exhaustive list of grounds for deciding to refuse to accept an application for recognition as a refugee or a person in need of complementary protection, etc.

However, the draft Law does not take into account the special vulnerability of asylum seekers. Thus, Article 7 of the draft stipulates that foreigners and stateless persons use guarantees during administrative proceedings, but these guarantees are not enshrined and listed separately, which indicates their declarative nature.

2. The draft significantly expands the range of opportunities for a person to protect their rights during administrative proceedings, in particular, the right to submit petitions, an exhaustive list of which is directly enshrined in the draft, access to case materials, the right to submit explanations and comments, the right to be heard by the administrative body before decision in the case is taken, the right to initiate and participate in hearings in the case, etc., but due to the special vulnerability of asylum seekers for most of them the realization of these rights is not possible without representation.

At the same time, it should be noted that the draft does not provide the amendments to the Law of Ukraine “On Free Legal Aid”, and under current regulation access to legal aid for asylum seekers is complicated: 1) the range of asylum seekers entitled to such assistance is significantly narrowed; 2) a clear procedure and procedure for attracting or appointing a lawyer from the free legal aid center are not defined; 3) the obligation of the bodies of the State Migration Service of Ukraine (SMSU) to inform the relevant center for the provision of free legal aid about the need for such assistance to asylum seekers is not provided; 4) the term for consideration of an application for the provision of free legal aid is twice as long as the term for appealing against decisions of the SMSU, etc.

Therefore, in case of adoption of the draft Law as is without any required amendments, applicants for protection will be deprived of the opportunity to exercise their rights during the administrative proceedings.

3. One of the guarantees of access to international protection, as mentioned above, is to enshrine in law an exhaustive list of grounds for a decision to refuse to accept an application for recognition as a refugee or a person in need of complementary protection. In contrast, according to the draft, the possibilities of the administrative body to refuse to consider the application are significantly expanded. For example, Article 42 provides for a list of applications that are not subject to review, and Article 40 provides for the application to be left without motion or withdrawn from review. This may limit access of asylum seekers to international protection, thus violating Ukraine’s international obligations.

4. The particular vulnerability of asylum seekers requires a special approach to the proof and evaluation of the application for protection. This approach is explained in p. 196, 197 Guidelines on Procedures and Criteria for Determining Refugee Status under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. Instead, the requirements for evidence and proof set out in the draft do not take into account these recommendations, which may lead to a violation of the rights of asylum seekers.

Risks to the procedure for processing of an application for recognition as a stateless person

The Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” stipulates that the procedure for consideration of applications for recognition as a stateless person shall be established by the Cabinet of Ministers of Ukraine (within three months from the date Law enters into the force). The draft contradicts this provision of the Law, as it tries to regulate in particular the procedure for consideration of applications for recognition as a stateless person, without specifying this procedure in the list of exceptions from the scope of the draft. Instead, a significant number of project provisions are inconsistent with the procedure for recognition as a stateless person, some directly contradicting it.

1. Part three of Article 19 of the draft Law requires the applicant to translate documents provided in a foreign language, contrary to Article 6-1 of this Law, which obliges the state body to translate documents provided by the applicant when applying for recognition as stateless person.

2. Although Article 36 of the draft provides a form of application, which includes oral (including submitted in a personal application, which is added to the case file via transcribing it by an official), does not take into account the possibility of application by an illiterate person or person with disabilities. Instead, the second paragraph of the first part of Article 6-1 of this Law indicates the procedure for filing an application by such a person. In addition, as our practice shows, among undocumented persons with uncertain citizenship who meet the criteria for determining as stateless, there are often illiterate people who have not received an education.

3. This Law stipulates that if a stateless person has no documents that are required by Law, after his / her written consent was received, relatives, neighbors or other persons (at least three) will be interviewed to confirm the fact of statelessness (paragraph three of the first part of Article 6-1 of the draft Law). The draft provides the status of “case review facilitators” to the aforementioned people, but it cannot be taken into account that the interview is conducted only with the written consent of the applicant. In addition, the Cabinet of Ministers of Ukraine will establish the procedure of interviewing persons during the consideration of an application for recognition as a stateless person.

4. Article 33 of the draft provides the possibility of initiating proceedings by an administrative body, which has the potential to yield a positive impact on the process of identifying undocumented stateless persons. However, consideration of the application for recognition as stateless is not provided by the above-mentioned law in any other way than through the application of the person.

5. The procedure for suspension and resumption of administrative proceedings provided in Article 60 of the draft is also not consistent with the procedure for recognition as a stateless person, defined by Law. The draft introduces the possibility to suspend the consideration of the application at the request of the applicant, instead it is not able to take into account the procedure for termination and resumption of the application for recognition as stateless person (in particular at the time of consideration of the application for protection in Ukraine, as in the second article 6-1 of the said Law).

6. The administrative appeal introduced in the draft (Articles 74-81) will not be available to the applicant for recognition as stateless person, as the draft Law provides only the possibility of judicial appeal. The extension of the application certificate for recognition as a stateless person is provided only for the time of the court appeal.

Summary and recommendations

Thus, the special vulnerability of asylum seekers and persons applying for recognition as stateless is not taken into account in the process of administrative proceedings in the draft Law. There are no separate guarantees for these categories. In the process of exercising the rights during the administrative proceedings proposed in the draft, both asylum seekers and stateless persons will obviously face significant difficulties. In fact, rights will remain declarative for them.

Based on the above, we recommend to add paragraphs 6 and 7 of the following content to the part 2 of Article 1 of the draft law:

6) submission and consideration of an application for recognition as a refugee or a person in need of complementary protection, decision-making on this application and its appeal, adoption and appeal of a decision on loss and deprivation of refugee status and additional protection and cancellation of a decision on recognition as a refugee or a person needs additional protection;

7) consideration of the application for recognition as a stateless person in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Recognition as a Stateless Person”.

16.10.20

Right to Protection office in Kyiv from 19.10.2020 to 23.10.2020 will work in a limited mode.

All legal services will be provided to clients in full in the remote way using the ZOOM, Viber, Skype services. The office is closed to visitors! Interviews and consultations scheduled for this week will be conducted online using the ZOOM, Viber, Skype service.

You can contact us at the following phones:

For asylum seekers: +38 093 049 52 18, +38 094 905 67 62, +38 044 337 17 62 (Write to us on Viber, WhatsApp: +38 093 038 95 62)

For stateless persons: +38 093 039 00 71, +38 093 038 90 31

Stay tuned for updates and be healthy!

02.07.20

UNHCR representation in Ukraine invites to join the Community Support Initiatives (CSI) project. If you are an asylum seeker or a refugee and have an idea of the project that would benefit your community—check this out!

UNHCR representation in Ukraine and its Partners in the regions announce the start of the Community Support Initiatives (CSI) project. Community Support Initiatives are ideas of projects that are brought by members of communities with the aim of promoting awareness of their rights and the suggestions of the communities on improvements/changes to their current situation.

The start of the application project is today, July 1st! The end of the application project is on September 15th, 2020.

Pay attention! The sooner your active group submits the project, the sooner you’ll receive feedback and can start with its implementation! Because real changes start with each of us; and if we unite our efforts we will make the change happen quicker and more effectively.

You can discuss your idea and the application process with UNHCR Partners in different locations:

Kyiv: Rokada (Благодійний фонд “Рокада”). Address: 7 Chumaka Str., Tel: 044 501 56 96.
Odesa: The Tenth of April (Десяте Квітня). Address: 15 Heroiv Krut Str., office 511. Tel: 093 662 85 24.
Kharkiv: Right to Protection (Право на захист). Address: 85 Chernyshevska Str., Tel: 099 507 90.
Lviv and Zakarpattya: NEEKA Ukraine. Address: 3 Michurina Str., Mukachevo, Tel: 03131 321 22.

Please inquire for the details at the Organizations listed above depending on your location. They will explain the requirements and selection process, as well as help you develop your project idea.

30.04.20

Available on Facebook, the Refugee Helper chatbot from CF Right to Protection is now operational. The online tool aims to simplify the provision of critical legal information for refugees and asylum seekers in Ukraine. Additionally, the chatbot will raise awareness around issues related to the rights and responsibilities of refugees and asylum seekers residing in Ukraine, and it aims to help these individuals to integrate into Ukrainian society.

The chatbot was previewed at a testing format in December 2019 during the Access to Justice Hackathon in Kyiv.

Svetlana Butenko, Senior Attorney at Right to Protection (R2P), says that the idea of providing legal aid online through an automated chatbot originated in the organization some years ago. “It’s important to take into account the individual life circumstances in which our beneficiaries find themselves” Svetlana says. “These are people who may need legal assistance at any time: while they’re crossing the border, or at night during an illegal detention. Many of them don’t speak Ukrainian yet, and so it can be difficult to understand the authorities or the local community. That’s why it’s so important for us—using modern technology—to have an automated helper that can be available from anywhere in the world at any time. Moreover, this advice should offer clear advice in an appropriate language.”

The Refugee Helper is on Facebook and available 24/7—users can receive legal advice and answers to common questions at any time of day. For example, you can learn how to apply for refugee status, what to do if your application is rejected, what to do when authorities ask to see your documents, where to find housing, how to get a job, and many other useful tips.

Adapting the information and legal terminology to the average user has been one of the most challenging tasks in developing the program: “Of course, we knew that we had to provide information as simply and clearly as possible so that any person could immediately access and use the critical information” Ms. Butenko says. “This is why we’ve included the ability to download relevant documents, and we’ve added links to institutions, government agencies, and other organizations which can help if someone is in trouble.”

The chatbot tool is not intended to replace the legal specialists at organizations like R2P; the available information will not be enough to solve all problems. In cases where additional help may be required, R2P has also provided their project hotlines which are available to potential clients:

Kyiv: +38 093 049 52 18; +38 094 905 67 62

Kharkiv: +38 094 811 17 64

Lviv: +38 093 023 08 55

And, in case of emergency, the Viber & WhatsApp Number: +38 093 038 95 62

25.03.20

The Right to Protection has launched a project aimed at integrating refugees and asylum seekers into Ukrainian society, in particular through their employment. Nowadays, one of the main problems for refugee or complementary protection holders, as well as asylum seekers is the problem of employment. To address this, in March 2020 our project “Innovative Ways to Integrate Refugees and Asylum Seekers in Ukraine” was launched.

For its part, Right to Protection offers and ensures:

support in the preparation of the package of documents required for official employment;
matching potential employees with employers in accordance with the job requirements;
coordination of communication between the potential employer and persons interested in obtaining a job.

Please contact us, if you:

are looking for a job;
need help in drafting a resume, preparing for an interview, and finding a job;
want to receive a TAX ID Number;
need assistance in supporting your private enterprise?
have a valid passport/other ID document

We can help! Please contact [email protected] or write a message to Viber on 063 411 72 92

Project description

Every minute, 20 people around the world are forced to abruptly drop everything, leave their lives behind, and escape violence. According to UNHCR more than 26 million refugees and 3.5 million asylum seekers were forced to flee their homes in 2019. Some of these people end up receiving protective status in Ukraine; the State Migration Service says that as of January 1st, 2019, there were 2,620 refugees and more than 5,500 asylum seekers in the country.

However, despite being beyond the reach of the violence they fled from, these people still face massive challenges in beginning their lives anew. In particular, it can be extremely difficult for them to find gainful and lawful employment due to employers’ lack of knowledge about their legal circumstances regarding the right to work.

In March of 2018, in order to address this outstanding challenge, R2P launched the Innovative Ways to Integrate project. The overall goal of the project is to find ways to integrate refugees and asylum seekers within the territories of Ukraine. In particular, the project aims to help refugees and asylum seekers find employment, as well as solutions to everyday challenges (birth and marriage registration, etc.), so that they can begin to live normal, self-sustaining lives.

Since then, R2P has developed and now manages a database of more than 500 resumés of refugees, complementary protection holders, and asylum seekers in Ukraine. We have also built a network of socially responsible employers who fill their vacancies through our services. This exchange is beneficial for all parties because Ukrainian companies often experience high turnover and staffing shortages, and they are in need of people just like our beneficiaries.

However, our work is far from done! There are many more individuals in need of work, and there are many more positions that need to be filled. A new phase of this project will focus on addressing the problem of access to employment starting in March 2020.

R2P continues our ongoing outreach to refugee communities and to potential employers. We are keeping our databases updated with skilled people looking for jobs, and we are continuing to conduct outreach and educational seminars to inform Ukrainian businesses about what they need to know when hiring refugees.