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18.11.20

The increase in the number of recorded cases of gender-based and domestic violence in time of quarantine restrictions has become a widely spread phenomenon. Civil society organizations around the world have repeatedly emphasized the particular vulnerability of women locked up at home. The team of the Right to Protection CF decided to find out whether similar trends are observed in the territory along the demarcation line.

The study was conducted in Bakhmut, Volnovakha, Yasynuvata  and Toretsk districts Civil-military administrations of Donetsk region and in Popasna district in Luhansk region. Our monitoring unit provided information from five police stations, six social service centers (hereinafter referred to as the SSC or the center) and five mobile social and psychological support teams (hereinafter referred to as the MSPST or the brigade). In addition, statistics obtained through requests for public information were analyzed. The primary description of the informants’ activities was their own interpretation, which, if necessary, was expanded or clarified by normative documents.

DYNAMICS

Of course, statistics may not reflect the real situation, as not all cases become known. In addition, the dynamics may be affected by a large-scale information campaign recently conducted in the region. However, the data may indicate certain trends, especially in law enforcement. The current reporting in Ukraine is mostly about domestic violence, so we will use this term later.

According to the Department of Family, Youth and Mass Events in Donetsk region, the number of complaints in the first nine months of 2020 has already significantly exceeded the figures for the whole 12 month of 2019. A similar situation, according to the Department of Social Protection, was observed in the Luhansk region. It is noteworthy that the share of appeals from women in the Luhansk region is lower (78–82% vs. 91–92% in the neighboring region), while men complain more often (16–21% vs. 7–9%).

INFORMANTS

Regions have a well-developed institutional system for combating and preventing domestic and gender-based violence: from policy specialists at the local community level to regional coordinating bodies. We have focused on only a few of them. The most important source was the National Police of Ukraine, which receives the vast majority of complaints and has a number of tools at its disposal, including:

a) drawing up a report on an administrative offense under Article 173-2 of the Code of Administrative Offenses with a sanction in the form of a fine, community service or administrative arrest;

b) issuance of urgent injunctions for 10 days (for longer restriction in court);

c) taking offenders for preventive registration;

d) opening a criminal case (for example, after three violations of the prohibition order).

Comparative statistics (see Table 1) not only illustrate the general upward trend, but also the specifics of police practices. In particular, the Toretsk branch attracts attention with an extraordinary increase in all indicators. It can also be observed that in the Donetsk region police officers are becoming more and more accustomed to drafting prohibitive orders, sometimes with a 23-fold increase, while in the Luhansk region they continue to ignore this tool.

As for the centers of social services, they formulate their activities as such, which includes prevention (including relapses), outreach, psychological, primary legal and social counseling, as well as social support for families in difficult life circumstances. Mobile social and psychological support teams, in addition to the above, carry out scheduled visits and emergency interventions in case of threat to life or health of victims. The brigades serving the territories of the Toretsk Civil-military administration, Bakhmut and Volnovakha districts operate with the support of international donors, the other two are affiliated with social service centers. Although the number of appeals to centers and teams is lower than to the police, these organizations can still expand their understanding of the problem with their perspective on it.

Victims of domestic violence can also turn to secondary legal aid centers, which, however, do not seem to be popular, day care centers and shelters (Slovyansk, Druzhkivka, Rubizhne, Mariupol, etc.), and emergency anonymous medical care offices, which are usually deployed on the basis of gynecological departments of hospitals.

FIELD OBSERVATIONS

General situation

According to the respondents, the most common type of violence they face is psychological (humiliation, harassment, blackmail and manipulation). Physical violence was also mentioned, but almost never first. As explained by one of the respondents, people are not inclined to report such cases, or withdraw statements later. In some cases, they also referred to economic violence, explaining it as concealment of earnings or individual financial decisions.

Among the main factors of domestic violence, informants called high unemployment and alcohol abuse. Quarantine restrictions have added to the escalation of domestic conflicts. In addition, during the pandemic, victims were more likely to continue to live with offenders. Another factor in abuse is low awareness of one’s rights and protection mechanisms. The Toretsk Civil-military administration also pointed to the prevalence of violence in families with ATO/ JFO veterans who suffer from post-traumatic stress disorder (PTSD).

Institutional interaction

Typically, social service centers and mobile teams report cases of domestic violence to the police if (1) the victim is a minor or incapacitated, if (2) the violence is criminal in nature, or (3) with the consent of the victim. For example, a mobile team in Popasna reports all cases of physical violence. The police may also involve mobile teams and centers if necessary.

Reaction

Mobile crews make trips in case of threat to life or health, the response time varies from 20 minutes in Bakhmut city and district, to 3 hours in Popasna district. During the monitoring, only the crews in Bakhmut and Volnovakha continued to visit.

According to police, they react faster: within 15 minutes in the city and up to 45 minutes in rural areas. Patrol police units, representatives of the operative-investigative department or precinct officers usually go to the appeal.

Features of National Police law enforcement

The number of messages, as expected, does not match the number of compiled protocols. This is explained by the refusals of the victims to write statements. Some sources in police believe that legal sanctions are not an effective way to solve the problem, so they focus on resolving the conflict through conversations with the parties. They also find it a dead end to fine violators who are unable to pay due to lack of funds, thus committing another offense. The issue of unregulated location of the offender during the validity of the injunction was raised, which in some cases may raise doubts about the feasibility of its preparation. In Avdiivka, they noted: the fact that the offender has nowhere to go may well play in his favor, because the victims are more likely to forgive him and allow him to return. Police in the Volnovakha department complain about opposition from the prosecutor’s office, which requires them to conduct criminal investigations, while the nearest center is located in Slovyansk.

Impact of quarantine

Social service centers recorded a jump in the number of appeals and services provided: more consultations in Bakhmut and it’s district, increased attention to social support, focus on information and prevention programs in Bakhmut and Yasynuvata district. For the most part, the centers have switched to telephone or online counseling. Although the Toretsk Center has stopped receiving visits, in Volnovakha consultations are held in the open air.

Similarly, quarantine has affected the functioning of mobile teams: most of them work online or by phone. At the same time, not all cases of violence can be identified, because (1) some people prefer “live” communication, (2) temporarily suspended monitoring visits.

The police did not indicate any significant changes in their work, except for greater attention to preventive measures in Avdiivka and an increase in the number of appeals and urgent instructions issued in the Bakhmut department.

Alleged obstacles to countering and preventing violence

  1. Lack of a crisis center for women (shelter) in Bakhmut and Avdiivka.
  2. Lack of a mother and child center in Toretsk.
  3. Lack of staff: psychologist (Toretsk SSC), lawyer (Bakhmut district brigade), police officers in Volnovakha department and Toretsky department.
  4. Absence or lack of vehicles and fuel (Toretsk, Volnovakha, Popasna SSC; Bakhmut district brigade; Volnovakha department of NPU).
  5. Lack of means of self-defense in mobile teams in cases of collision with aggressive or drugged offenders.
  6. Low police awareness of the use of restraining orders.
  7. Lack of effective means and tools to work with malicious offenders in centers and teams.
  8. Lack of transport connection between Avdiivka and the court in Selydove.

This material was made possible by the significant support of the American people through the United States Agency for International Development (USAID). Responsibility for the content rests on Right to Protection CF and does not necessarily reflect the views of USAID or the Government of the United States.

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12.11.20

Video “Faces of statelessness. Roma” is the final in our cycle 5 stories. 5 faces of statelessness. At the same time, the final result – the complete elimination of statelessness as a phenomenon is still not achieved.

The video tells a story of two men: Marcus and Joseph, who have lived without documents all their lives and have become stateless as a result.

Click to view the story

More than 35,000 people in Ukraine are still living without any documents. They look forward to the very moment when they finally feel what it is like to be a citizen.


In support of the United Nations High Commissioner for Refugees (UNHCR) Global Campaign to Combat Statelessness #IBelong (#Яісную) The Right to Protection CF tells stories of 5 different people who have faced the problem of statelessness in Ukraine. In fact, there are thousands of such stories across the country. And they all bring together completely different people who, under certain circumstances, live without documents. We want to address this issue and help solve it!

10.11.20

On November 5, 2020, the Right to Protection CF held a webinar for specialists and lawyers of the free secondary legal aid system in the northern and southern parts of the Donetsk region.

The event was e-attended by litigation consultant Sofia Marchenko, Dmytro Hanych, a regional lawyer in Slovyansk, litigation consultant Leonid Serafimovych, Yevhen Fedorinov, a regional lawyer in Bakhmut, and regional lawyer in the city of Mariupol Daria Subbotina.

During the discussion, which lasted almost 2 hours, colleagues raised a number of important and relevant questions, namely:

  • Land rights, opportunities and algorithm of free land acquisition, out-of-court and judicial methods of land disputes resolving;
  • Problematic moments in execution of court decisions on payment of pension arrears, legislative acts and government resolutions which regulate this issue;
  • Implementation of law for providing material assistance or compensation for destroyed housing from an emergency situation caused by the armed aggression of the Russian Federation;
  • Protection of debtors’ rights under credit obligations, their liability in case of non-compliance with the terms of the loan and future actions of lenders;
  • The procedure for crossing the line of demarcation for the period of quarantine restrictions.

After the experts’ reports, the participants had the opportunity to ask their questions, including on such difficult situations as moving through the Russian border due to the closure of the control checkpoints in Ukraine (which is illegal) and problems with land registration due to decentralization reform.

Full video recording of a webinar is available


The event was held by the lawyers of the Right to Protection within the framework of cooperation with the free secondary legal aid system, with the support of the United Nations High Commissioner for Refugees (UNHCR) in Ukraine.

09.11.20

To the:


President of Ukraine

Volodymyr Zelenskyy

Chairman of the Verkhovna Rada of Ukraine Committee on Education, Science and Innovation

Serhiy Babak

To the Prime Minister of Ukraine

Denys Shmyhal

OPEN APPEAL

We, the Civil Society Sector Organizations, are deeply concerned with the protection of the rights of victims of the conflict, and appeal to you to finance programs and measures to ensure access to Ukrainian education for children and youth from the temporarily occupied territories for 2021.

In June, the President of Ukraine initiated amendments to the Law of Ukraine “On Higher Education”, which provided the possibility to the applicants from the temporarily occupied territories of Crimea, Donetsk and Luhansk regions the right for free education with scholarships or preparatory courses to any institution of higher and vocational education in Ukraine lasting up to one year. The Verkhovna Rada of Ukraine supported the President’s initiative by 310 votes in favor.

The President of Ukraine and the Parliament have fulfilled their task of shaping the state policy on maintaining ties with young people in the occupied territories and ensuring their access to the Ukrainian educational space. Currently, all responsibility for the implementation of the Law rests on the Government of Ukraine, in particular, the Ministry of Education and Science of Ukraine (MESU).

However, the 2020 introductory campaign showed that in the absence of proper and timely information for entrants and their parents, the positive legislative changes were not implemented properly. That is why, this year, entrants from the occupied territories took only 1/6 of the quota for this category of budget places and mostly joined the very limited list of higher education institutions in which there were already educational centers last year.

If the simplified mechanism of admission of young people from the occupied territories to any higher education institution could be implemented this year, the new norm defined by Article 44 of the Law of Ukraine «On introduction of preparatory courses at universities for children and youth from the temporarily occupied territories» should come into force in year 2021. Such preparatory courses were to become not only the preparation of entrants to study in Ukrainian higher education institutions and programs but also a part of their adaptation to life outside of the propaganda, misinformation and pressure of the occupation, which in the same time will become the real implementation of the safe reintegration policy from the January 2021. Preparatory courses could become a real tool for access to education for children and youth from the occupied territories, who have not studied the history of Ukraine, Ukrainian language and literature for 7 years as well as they fear of being misperceived by students from other regions of Ukraine.

However, when preparing budget requests (according to the Ministry of Education of Ukraine website) for the formation of the draft budget for 2021, the Ministry of Education and Science of Ukraine does not provide funding for preparatory courses (State Budget of Ukraine: Program 2201250 “Professional development of teachers and researchers in food, processing industry and agro-industrial complex, professional development of medical and pharmaceutical personnel”). There is a complete lack of funding and support for the organization of an information campaign and for the Government hotline for entrants to educational institutions (State Budget of Ukraine: Program 2201260 “National measures in the field of education”).

Back in February 2020, in the Budget Declaration for 2020-2022, the Ministry of Education and Science of Ukraine provided 60.5 million for the financing of preparatory courses, hotlines and information campaigns, which was 0.16% of the total year budget of the Ministry.

However, as of today, these programs of the Ministry of Education and Science of Ukraine have been reduced completely – to 0 UAH. In practice, this means that the leadership of the Ministry of Education and Science of Ukraine is deliberately sabotaging the implementation of the current Law of Ukraine “On Higher Education”, depriving children from the occupied territories the opportunity to prepare for education and enter higher and vocational education institutions in Ukrainian-controlled territory.

The complete refusal of the Ministry of Education and Science of Ukraine to comply with the law and implement the policy initiated by the President of Ukraine and Parliament towards children and youth from the occupied territories will lead to their further integration into the cultural and educational space of the Russian Federation. The deliberate refusal to inform the inhabitants of the Temporarily occupied territories of Ukraine and their children about these opportunities provided by Ukraine is short-sighted and, as a result, criminal, which harms the national processes of reintegration and deoccupation.

We, the Civil Society Organizations, are concerned with the protection of rights of the victims of conflict, and are forced to appeal to the President of Ukraine, the parliamentary committee and the Prime Minister in connection with the refusal of the MESU representatives to have a dialogue with the NGOs. We ask you, when finalizing the Draft Law on the State Budget of Ukraine for 2021, to take into account the need to finance preparatory courses for entrants from the temporarily occupied territories to comply with current legislation and support other measures for reintegration of youth from TOT.

We hope that the laws initiated by the President of Ukraine and supported by the Verkhovna Rada of Ukraine will not remain just words on paper or speeches from the tribune, but will be supported by appropriate actions and bring on all executive bodies, including the Ministry of Education and Science.

November 09, 2020

Vostok SOS CF

ZMINA Human Rights Center

“Almenda” Civic Education Center

DonbassSOS NGO

Crimean Human Rights Group (CHRG)

NGO “Civil holding “GROUP OF INFLUENCE”

Stabilization Support Services in Ukraine CF

KrymSOS NGO

Right to Protection CF

Educational Human Rights House Chernihiv

Association UMDPL

M.ART.IN-club NGO 

Municipal Center for Humanistic Technologies “AHALAR”

Human Rights Vector NGO

Ukrainian Helsinki Human Rights Union

Human Rights House Crimea

Regional Center for Human Rights

Kharkiv Institute for Social Research

09.11.20

Zoya Yehorivna was born in 1954. The woman lived in Luhansk and worked in greenhouses. But it was only until 2014. When the armed conflict broke out, the woman was forced to move to Ukrainian-controlled territory. Unfortunately, Ms. Zoya lost her passport during the evacuation. At that time it was already extremely dangerous to return to the occupied city to try searching for it .

The woman tried to renew passport on her own, but was always refused by the Migration Service because she did not have any documents. Zoya Yehorivna had no relatives who could confirm her identity. In result, Ms. Zoya was not able to prove that she is a citizen of Ukraine, as all information about her place of residence and work remained in the temporarily occupied territories.

Zoya Yehorivna still strives to receive a passport. For her, this is not just a confirmation of identity, but also a document which is necessary to obtain medical services. The woman has problems with health, but due to lack of documents she cannot undergo treatment and register as a person with disability.

Today Ms. Zoya lives in her acquaintances house in Ukrainian village near the demarcation line. As the woman told our colleagues, she still believes that one day she will finally be holding her passport in hands.


In support of the United Nations High Commissioner for Refugees (UNHCR) Global Campaign to Combat Statelessness #IBelong (#Яісную) The Right to Protection CF tells stories of 5 different people who have faced the problem of statelessness in Ukraine. In fact, there are thousands of such stories across the country. And they all bring together completely different people who, under certain circumstances, live without documents. We want to address this issue and help solve it!

09.11.20

The most effective way to solve struggles in a conflict world is to start dialogues between all sides. It is always a difficult and time-consuming process, but in the long run it allows consensus to be reached. 

Recently, the Right to Protection CF launched an extremely important Dialogues project. With the participation of professional facilitators (moderators), participants discuss various aspects of the environmental situation in Donetsk and Luhansk oblasts, such as flooding of mines, deterioration of soils, mine gas emissions, etc. 

So far, six dialogues have taken place, and each such meeting helps people on both sides of the line not only to listen but also to hear each other to solve common problems.

«I am convinced that only inclusive dialogue can lead to lasting peace. Involving as many parties as possible in the reconciliation process will allow hearing and taking into account the views of people with different and even polar views on the situation, which is essential for stable social relations»,

– said project coordinator at Right to Protection CF Natalia Proskurenko.

Apart from the formal agreements, which are conducted with the participation of world political players, there are a number of other dialogue initiatives aimed at finding a solution to the situation with the conflict in Donbas. After all, being in their information bubble, politicians sometimes lose touch with ordinary people and do not feel their needs, and pressing issues often disappear from the agenda of high-level negotiations. Informal peacekeeping dialogues exist to create links between citizens with varying degrees of influence on the processes taking place in the country.

Environmental problems are almost always postponed. If left without attention those can have very tangible consequences. Such are the risks in the conflict-affected Donetsk and Luhansk regions. Closing and flooding of mines in the territory controlled and not controlled by the government of Ukraine can pose a serious danger to water bodies, soils and air, as well as to the health of local residents.

The participants of our dialogue project who are the experts in the field of ecology are trying to develop recommendations for joint action on both sides of the line of demarcation, in order to prevent the environmental catastrophe.

During the dialogues, environmental experts noted:

«For a long time, the development of our country has been characterized by unbalanced consumption of natural resources and with low priority of environmental issues. The root cause of Ukraine’s problems is the predominance of energy and resource intensive industries that have a negative impact on the environment. Coal mining regions of Ukraine have a high rate of industrial facilities: mining and processing, metallurgy, energy, chemicals, etc. These areas are also the most densely populated. Approximately 20% of the country’s population lives in the areas where mining operations are carried out, and the volume of housing construction in recent years has reached 30%. Intensive and long-term use of mineral resources in the coal basins of Ukraine has led to significant changes in the environment. The main factors of influence are: high concentration of mining companies in a small area, high level of production and lack of funding. The massive and almost simultaneous closure of coal mines and the destruction of the relevant infrastructure associated with the conflict have significantly upset the ecological balance, in turn leading to dangerous environmental changes in an area of ​​almost 30,000 km2. The main technical and environmental problems are: destruction of the underlying surface, soils and vegetation as a result of explosions and the use of military equipment; flooding of mines and the surrounding area and the possibility of outflow of mineralized mine water to the surface with the formation of flooded areas; groundwater pollution; almost complete cessation of treatment facilities and damage to radioactive and toxic waste storage facilities; pollution of the atmosphere and lithosphere by chemical products, which are formed as a result of ammunition explosions. As a result of the ongoing conflict in large areas of Eastern Ukraine, there is no practical possibility of conducting ecological monitoring of techno-ecosystems of industrial complexes of coal mining enterprises. Now Donbas is an anomalous region with high chance of mass flooding of the mines (up to 70%), which accelerated with the beginning of the armed conflict in 2014, is in a state of regional mostly uncontrolled rise of groundwater levels, subsidence and deterioration of environmental parameters».

09.11.20

This year, a woman asked the Right to Protection for help for a friend of her husband – he still had a passport of a citizen of the USSR and did not receive a Ukrainian passport.

In March 2020, our staff contacted this man.

His name is Pavlo.  He was born in Georgia, from where he moved to Kharkiv in 1977. In 1990 he received a passport of a citizen of the USSR.

After the collapse of the Soviet Union, in 1993 the authorized bodies of the Ministry of Internal Affairs of Ukraine added the inscription “citizen of Ukraine” to his identity document.  However, the man never received a passport of a citizen of Ukraine.

Mr. Pavlo lives in a hospice. He recently had his leg amputated and needed immediate help, which was virtually impossible to obtain without valid documents.

After a detailed study of the situation, the lawyer of the Right to Protection CF assisted the man in preparing documents for applying to the State Migration Service of Ukraine (hereinafter – SMSU) with a statement on establishing citizenship of Ukraine. A joint visit was made with the staff of the SMSU of the Industrial District of Kharkiv to the hospice to receive the application documents from Pavlo and the documents attached to it.  After the procedure, Mr. Pavlo received a certificate of registration of a person as a citizen of Ukraine.

With tears of undisguised joy in his eyes, Pavlo finally received the long-awaited passport of a citizen of Ukraine. From now on, he has the opportunity to enjoy social, economic, political and all other types of civil rights and freedoms that every citizen has.

It was result of the coordinated cooperation of the Right to Protection CF with the State Migration Service of Ukraine in Kharkiv region, and thanks to the incredible efforts and humanity of the management of SMSU of the Industrial District in Kharkiv – Ms. Kostromina Larysa and Ms. Rybalko Yuliya, who took all necessary steps to help Pavlo obtain a passport of a citizen of Ukraine.

We express our sincere gratitude to the employees of the State Migration Service of Ukraine in the Kharkiv region for effective cooperation in reducing statelessness!

06.11.20

Rimma was born in Horlivka in 1996. She knows neither her mom, nor dad. Immediately after the birth, Rimma’s mother left her without any documents to a grandmother. And since then it was the granny who became the girl’s dearest person.

Why can’t Rimma get a passport?

As of today, Horlivka is under occupation. Grandmother had a passport of a citizen of Ukraine and the address of residence registration. Rimma repeatedly applied to the Migration Service for a passport of a citizen of Ukraine, as she lived in Ukraine all the time from when she was born. In response, the girl heard only refusals, as her citizenship was being unconfirmed. To obtain citizenship, she must confirm in court the fact that her grandmother lived on the territory of the Ukrainian SSR until 1990, but all the documents that can confirm this remained in the uncontrolled territory of Ukraine.

Rimma is a stateless person, but it is impossible to obtain an official certificate which confirms this fact, as well as an identity document. In Ukraine, there is no clear procedure for processing documents from stateless people. Rimma first received her birth certificate at the age of 21. And now she needs to get a passport, without which she cannot exercise any civil rights. She has a family – two children and a husband with whom she even cannot  marry due to lack of a passport.

For now, living with rights is a big dream for Rimma. She can’t enroll her children in kindergarten, she can’t sign a declaration with a doctor to receive medical services for her family, she can’t work at the official job, she can’t get a bank card. In fact, without documents Rimma can’t do anything.


In support of the United Nations High Commissioner for Refugees (UNHCR) Global Campaign to Combat Statelessness #IBelong (#Яісную) The Right to Protection CF tells stories of 5 different people who have faced the problem of statelessness in Ukraine. In fact, there are thousands of such stories across the country. And they all bring together completely different people who, under certain circumstances, live without documents. We want to address this issue and help solve it!

06.11.20

How to reduce the chances of emergency situations in Eastern Ukraine?

The 3P Consortium knows how. Being established in 2019 specifically for this purpose by the group of Ukrainian and international non-governmental organizations: ACTED, IMPACT Initiatives, Right to Protection CF, Danish, Austrian and Ukrainian Red Cross, 3P works everyday to reduce environmental and man-made risks and to prevent emergencies. Project is funded by the European Union within the framework of Disaster Risk Reduction in Eastern Ukraine project

It is high time to talk about the achievements of the Consortium in the third quarter of 2020!

Click to download the .pdf Risk Reduction Consortium newsletter in English