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11.11.19

On July 17, the Government of Ukraine adopted Resolution No. 815, which approved a new Order for crossing the contact line with the occupied territories of Donbas. It was due to enter into force on October 29, 2019. However, due to the public outcry caused by some norms of the resolution, it was delayed until November 29. It’s expected that during this time it will be amended to improve the situation with the crossing of the EECPs, as well as to strengthen ties with residents of temporary occupied territories (TOT). In addition, the Decree of the President of Ukraine of October 7, 2019 mandates the relevant state bodies to work on the issue of simplifying the movement of persons and goods from and to the TOT, and to take measures to improve the situation at the EECPs. What steps will the state take? What needs to be done to meet the humanitarian needs at the EECPs? These issues were discussed during a press conference on November 11, 2019 in Kyiv.

Serhii Sivokho, Advisor to the Secretary of the National Security and Defense Council on issues of reintegration and restoration of Donbas, Artem Salikhov, Advisor to the Minister for Veterans, Temporarily Occupied Territories and Internally Displaced Persons, Daryna Tolkach, Advocacy coordinator, CF “Right to Protection”, Tetiana Durnieva, Executive Director of the NGO “Civil Holding GROUP OF INFLUENCE”, Alona Lunova, Advocacy manager, “ZMINA. Human Rights Center” participated in the press conference.

According to Serhii Sivokho, resolving all issues related to the crossing the contact line should match the general state policy of maintaining communication with the people who live at the occupied territories. “About 40,000 of our citizens go through 9 circles of hell every day at the EECPs. The need to obtain a permit to travel, to queue, to carefully inspect personal belongings and to seize those that are not on the white list, not only doesn’t help to keep in touch, but on the contrary, distracts our citizens. It is long overdue for us to turn our face to these people. They are our citizens. And they should feel like citizens of Ukraine! It was yesterday when we were supposed to start humanizing the regime of passage of the EECPs”, – said Serhii Sivokho.

One of the provisions currently contained in the Order is the need to obtain permission to cross the contact line. However, according to Tetiana Durnieva, the procedure for crossing should be revised. It was set in 2015, when the security situation required it, but now this system is more conducive to promoting corruption and increasing the length of time spent at the EECPs. “Now, all five EECPs are equipped with appropriate border control systems. This means that the person can be checked directly during the crossing of the EECP and does not need to have his or her data in advance. Instead, the permitting system facilitates queues and has numerous corruption risks. In addition, there are often failures in her work, which leads to the collapse of the EECP. That’s why, in our opinion, the revision of the approach to the organization of crossing the contact line and cancellation of the permit system is relevant. It will also remove artificial obstacles for communication, without affecting the security level”.

One of the most important reasons for delaying the new Order was the question of crossing the contact line by children. The new Order provides that the only document for entry-exit the TOT by children under 14 years of age should be a foreign passport. “The residents of the occupied territories had a very negative perception of this innovation, because now the family had to issue a passport, which costs almost 700 UAH, to cross the contact line with the child. In addition, due to the excitement, it is almost impossible to apply for a passport in Donetsk and Luhansk Oblasts”, – claimed Alona Lunova. “We suggest to return the birth certificate to the list of documents on which basis child may cross the contact line. This will reduce social tension while not affecting the security situation. This position has received the support of all relevant state bodies, so we hope that the appropriate changes will be adopted by the Government”, – Lunova said.

A positive innovation of Resolution No. 815 is the change in approaches to the settlement of the issue of goods transportation through the contact line. Resolution provides the transition from the list of authorized goods to the list of goods which transportation is prohibited or restricted, approved by the Ministry for Veterans. The draft of the relevant Order was published on the Ministry official website, and its public discussion is ongoing until November, 12.

“The principle behind the Ministry team working on the Order and the Resolution is to maximize the simplification of the life of Ukrainian citizens who are forced to live in the TOT and to secure their constitutional rights,” – Artem Salikhov said. He also noted that both the amendments to the Resolution and the Order with the list of goods are the result of joint partnership work and some compromise between the position of the concerned state bodies and NGOs. He promised that the Ministry for Veterans would continue to monitor the situation with the practical implementation of the Resolution and Order, resorting to further clarifications and improving the procedure of crossing the contact line if needed.

The event is held within the project “Providing the multi-sectoral humanitarian assistance to conflict affected population in eastern Ukraine”, implemented with the financial support of the European Commission in the framework of Civil Protection and Humanitarian Assistance to the European Union within the consortium ACCESS.

11.11.19

On July 17, the Government of Ukraine adopted Resolution No. 815, which approved a new Order for crossing the contact line with the occupied territories of Donbas. It was due to enter into force on October 29, 2019. However, due to the public outcry caused by some norms of the resolution, it was delayed until November 29. It’s expected that during this time it will be amended to improve the situation with the crossing of the EECPs, as well as to strengthen ties with residents of temporary occupied territories (TOT). In addition, the Decree of the President of Ukraine of October 7, 2019 mandates the relevant state bodies to work on the issue of simplifying the movement of persons and goods from and to the TOT, and to take measures to improve the situation at the EECPs. What steps will the state take? What needs to be done to meet the humanitarian needs at the EECPs? These issues were discussed during a press conference on November 11, 2019 in Kyiv.

Serhii Sivokho, Advisor to the Secretary of the National Security and Defense Council on issues of reintegration and restoration of Donbas, Artem Salikhov, Advisor to the Minister for Veterans, Temporarily Occupied Territories and Internally Displaced Persons, Daryna Tolkach, Advocacy coordinator, CF “Right to Protection”, Tetiana Durnieva, Executive Director of the NGO “Civil Holding GROUP OF INFLUENCE”, Alona Lunova, Advocacy manager, “ZMINA. Human Rights Center” participated in the press conference.

According to Serhii Sivokho, resolving all issues related to the crossing the contact line should match the general state policy of maintaining communication with the people who live at the occupied territories. “About 40,000 of our citizens go through 9 circles of hell every day at the EECPs. The need to obtain a permit to travel, to queue, to carefully inspect personal belongings and to seize those that are not on the white list, not only doesn’t help to keep in touch, but on the contrary, distracts our citizens. It is long overdue for us to turn our face to these people. They are our citizens. And they should feel like citizens of Ukraine! It was yesterday when we were supposed to start humanizing the regime of passage of the EECPs”, – said Serhii Sivokho.

One of the provisions currently contained in the Order is the need to obtain permission to cross the contact line. However, according to Tetiana Durnieva, the procedure for crossing should be revised. It was set in 2015, when the security situation required it, but now this system is more conducive to promoting corruption and increasing the length of time spent at the EECPs. “Now, all five EECPs are equipped with appropriate border control systems. This means that the person can be checked directly during the crossing of the EECP and does not need to have his or her data in advance. Instead, the permitting system facilitates queues and has numerous corruption risks. In addition, there are often failures in her work, which leads to the collapse of the EECP. That’s why, in our opinion, the revision of the approach to the organization of crossing the contact line and cancellation of the permit system is relevant. It will also remove artificial obstacles for communication, without affecting the security level”.

A positive innovation of Resolution No. 815 is the change in approaches to the settlement of the issue of goods transportation through the contact line. Resolution provides the transition from the list of authorized goods to the list of goods which transportation is prohibited or restricted, approved by the Ministry for Veterans. The draft of the relevant Order was published on the Ministry official website, and its public discussion is ongoing until November, 12.

“The principle behind the Ministry team working on the Order and the Resolution is to maximize the simplification of the life of Ukrainian citizens who are forced to live in the TOT and to secure their constitutional rights,” – Artem Salikhov said. He also noted that both the amendments to the Resolution and the Order with the list of goods are the result of joint partnership work and some compromise between the position of the concerned state bodies and NGOs. He promised that the Ministry for Veterans would continue to monitor the situation with the practical implementation of the Resolution and Order, resorting to further clarifications and improving the procedure of crossing the contact line if needed.

The event is held within the project “Providing the multi-sectoral humanitarian assistance to conflict affected population in eastern Ukraine”, implemented with the financial support of the European Commission in the framework of Civil Protection and Humanitarian Assistance to the European Union within the consortium ACCESS.

07.11.19

“Stateless Persons and Administrative Procedure for Receiving Birth and Death Certificates by Persons of Temporarily Occupied Territories” round table was held at the Committee on Human Rights* building of the Verkhovna Rada of Ukraine on November 6. The event was organized by CF “Right to Protection” (R2P) in collaboration with the UN Refugee Agency (UNHCR) and the Committee on Human Rights.

There are about 35,000 stateless people in Ukraine, according to the UNHCR.

The problem of overcoming statelessness was the main subject of the round table. There were two main tasks within the framework of the event: firstly, to familiarize the problem of statelessness, and those novelties introduced by the new draft law (№ 2335); secondly, to involve in the fruitful discussion the maximum number those representatives of public authorities involved in resolving the issue of settling birth and death facts in the temporarily occupied territories.

“The problem of statelessness is not new to Ukraine. According to various estimates in our country there are up to 35,000 stateless persons who cannot actually enjoy any of their rights, they don’t have access to any services (social, administrative) at the same level as other citizens or foreigners, living in Ukraine”, said Darina Tolkach, R2P Advocacy Coordinator. “Since 2014, Ukraine has acceded to the UN Convention on the Reduction of Statelessness. But unfortunately, the humanization of the legislation have not happened. Therefore, we are welcoming the fact that the Committee has registered a long-standing draft law developed by the State Migration Service, The UNHCR Office and a number of NGOs. We look forward to the swift adoption  of this draft law by the Verkhovna Rada. Thousands of people are waiting for the adoption of this law and the opportunity to solve their problems”.

The conflict in Donbass has also provoked the risk of statelessness for many people who currently reside or left the occupied territories. Birth and death registration issue in the occupied territories also makes this problem worse. R2P experts say that the ways to overcome the statelessness risks of the conflict in Donbas must be found.

The round table also presented the results of monitoring the territorial units of the State Migration Service in Donetsk and Luhansk oblasts on the issue of receiving the Ukrainian passport.

“A lot of people in Donetsk and Luhansk oblasts have a problem with issuing a Ukrainian passport after it was lost or damaged. Another big problem is updating passport photo when reaching the age of 25 and 45 due to complex administrative procedures of identifying a person”, said Anna Babko, R2P Legal Analyst.

This report will be published shortly.

* Committee on Human Rights, Deoccupation and Reintegration of Temporarily Occupied Territories in Donetsk, Luhansk oblasts and Autonomous Republic of Crimea, Sevastopol, National Minorities and Interethnic Relations.

07.11.19

“Stateless Persons and Administrative Procedure for Receiving Birth and Death Certificates by Persons of Temporarily Occupied Territories” round table was held at the Committee on Human Rights* building of the Verkhovna Rada of Ukraine on November 6. The event was organized by CF “Right to Protection” (R2P) in collaboration with the UN Refugee Agency (UNHCR) and the Committee on Human Rights.

There are about 35,000 stateless people in Ukraine, according to the UNHCR.

The problem of overcoming statelessness was the main subject of the round table. There were two main tasks within the framework of the event: firstly, to familiarize the problem of statelessness, and those novelties introduced by the new draft law (№ 2335); secondly, to involve in the fruitful discussion the maximum number those representatives of public authorities involved in resolving the issue of settling birth and death facts in the temporarily occupied territories.

“The problem of statelessness is not new to Ukraine. According to various estimates in our country there are up to 35,000 stateless persons who cannot actually enjoy any of their rights, they don’t have access to any services (social, administrative) at the same level as other citizens or foreigners, living in Ukraine”, said Darina Tolkach, R2P Advocacy Coordinator. “Since 2014, Ukraine has acceded to the UN Convention on the Reduction of Statelessness. But unfortunately, the humanization of the legislation have not happened. Therefore, we are welcoming the fact that the Committee has registered a long-standing draft law developed by the State Migration Service, The UNHCR Office and a number of NGOs. We look forward to the swift adoption  of this draft law by the Verkhovna Rada. Thousands of people are waiting for the adoption of this law and the opportunity to solve their problems”.

The conflict in Donbass has also provoked the risk of statelessness for many people who currently reside or left the occupied territories. Birth and death registration issue in the occupied territories also makes this problem worse. R2P experts say that the ways to overcome the statelessness risks of the conflict in Donbas must be found.

The round table also presented the results of monitoring the territorial units of the State Migration Service in Donetsk and Luhansk oblasts on the issue of receiving the Ukrainian passport.

“A lot of people in Donetsk and Luhansk oblasts have a problem with issuing a Ukrainian passport after it was lost or damaged. Another big problem is updating passport photo when reaching the age of 25 and 45 due to complex administrative procedures of identifying a person”, said Anna Babko, R2P Legal Analyst.

This report will be published shortly.

* Committee on Human Rights, Deoccupation and Reintegration of Temporarily Occupied Territories in Donetsk, Luhansk oblasts and Autonomous Republic of Crimea, Sevastopol, National Minorities and Interethnic Relations.

23.10.19

KYIV, UKRAINE – On 23 October 2019, the 3P Consortium will hold a conference in Kyiv aimed at raising awareness of conflict and industrial risks in eastern Ukraine, and particular vulnerabilities of the conflict-affected communities and systems. Local, regional and national authorities will participate, including representatives of the Government of Ukraine, along with representatives from the humanitarian and development communities, foreign investors, and Ukrainian civil society organisations.

The conference, funded by the European Union through its Civil Protection and Humanitarian Aid Operations department, addresses three key aspects of disaster risk management:

  • Risks: Decaying industry in eastern Ukraine increases the risk of an ecological disaster – with armed conflict still unfolding in the region, this could affect millions of people on both sides of the line of contact. Making area-based information on these risks available can enable evidence-based preparedness and planning.
  • People: In an emergency, local communities are the first to be affected, and often the first to respond. Communities know best their own needs, capacities and gaps: including them in planning is crucial. Prepared communities save lives.
  • Law: Global, national and non-governmental disaster risk reduction policy frameworks and initiatives can guide the ongoing reforms of the civil protection and environmental safety sectors in Ukraine and enhance preparedness to, prevention, and protection of civilians during disasters.

3P Consortium partners will, based on these priorities, refine their activity roadmap for the coming year, and support multi-stakeholder coalitions to enhance efforts towards sound disaster risk management in eastern Ukraine, in line with commitments made under the Sendai Framework for Disaster Risk Reduction 2015-2030.

“The Conference was a great opportunity for local authorities from conflict-affected areas to bring first-hand knowledge and raise awareness of these risks among national and international organisations, donors, and representatives from the new Government of Ukraine – all of whom are stakeholders with potential to mobilize resources and support better preparedness, planning and mitigation of these risks.” – Jan Severa, 3P Consortium Manager

The 3P Consortium’s work is part of the international response to the conflict in eastern Ukraine, which has affected 5.2 million people since 2014. Today, over 3 million people remain in need of humanitarian aid, and 6 years of fighting in eastern Ukraine have left the civilian population vulnerable to conflict-related risks, such as shelling or prolonged cuts of services. The protracted conflict has also increased the risks posed by industrial and environmental hazards present in this historically heavily industrialised area. Notably, a substantial number of such hazards sit close to the ‘line of contact’, where fighting still takes place almost daily. It is therefore paramount to reinforce local authorities’ capacity to prevent a large-scale disaster through improved planning, prepare communities to respond to these risks, and enhance capacities to protect the civilian population should a disaster strike.

“The EU is committed to supporting Ukrainian civilians affected by the ongoing conflict. We are keen on seeing the results of this important disaster risk management initiative that we are supporting in Ukraine. We believe this conference will serve as a fruitful platform to create synergies to better protect civilians from environmental and industrial hazards.” – Samuel Marie-Fanon, Head of Ukraine Office, European Union Civil Protection and Humanitarian Aid.

The Consortium

The 3P Consortium was formed in 2019, and comprises a group of international and national NGOs engaged in Ukraine – ACTED, IMPACT Initiatives, Right to Protection, the Danish Red Cross, the Austrian Red Cross, and the Ukrainian Red Cross Society. Under the leadership of ACTED, the 3P Consortium works to support the reduction of disaster risk vulnerability in eastern Ukraine.

3P partners are united by their desire to prevent, prepare and protect – the ‘3P’ – civilian populations and critical service systems against the risks of natural, ecological and industrial disasters in eastern Ukraine. By October 2020, partners plan on reaching at least 15,150 people and 45 organizations in Popasna raion in Luhansk, Yasinovata and Bakhmut raions, Toretsk municipality and the Volnovakha/Mariupol area in Donetsk.

23.10.19

KYIV, UKRAINE – On 23 October 2019, the 3P Consortium will hold a conference in Kyiv aimed at raising awareness of conflict and industrial risks in eastern Ukraine, and particular vulnerabilities of the conflict-affected communities and systems. Local, regional and national authorities will participate, including representatives of the Government of Ukraine, along with representatives from the humanitarian and development communities, foreign investors, and Ukrainian civil society organisations.

The conference, funded by the European Union through its Civil Protection and Humanitarian Aid Operations department, addresses three key aspects of disaster risk management:

  • Risks: Decaying industry in eastern Ukraine increases the risk of an ecological disaster – with armed conflict still unfolding in the region, this could affect millions of people on both sides of the line of contact. Making area-based information on these risks available can enable evidence-based preparedness and planning.
  • People: In an emergency, local communities are the first to be affected, and often the first to respond. Communities know best their own needs, capacities and gaps: including them in planning is crucial. Prepared communities save lives.
  • Law: Global, national and non-governmental disaster risk reduction policy frameworks and initiatives can guide the ongoing reforms of the civil protection and environmental safety sectors in Ukraine and enhance preparedness to, prevention, and protection of civilians during disasters.

3P Consortium partners will, based on these priorities, refine their activity roadmap for the coming year, and support multi-stakeholder coalitions to enhance efforts towards sound disaster risk management in eastern Ukraine, in line with commitments made under the Sendai Framework for Disaster Risk Reduction 2015-2030.

“The Conference was a great opportunity for local authorities from conflict-affected areas to bring first-hand knowledge and raise awareness of these risks among national and international organisations, donors, and representatives from the new Government of Ukraine – all of whom are stakeholders with potential to mobilize resources and support better preparedness, planning and mitigation of these risks.” – Jan Severa, 3P Consortium Manager

The 3P Consortium’s work is part of the international response to the conflict in eastern Ukraine, which has affected 5.2 million people since 2014. Today, over 3 million people remain in need of humanitarian aid, and 6 years of fighting in eastern Ukraine have left the civilian population vulnerable to conflict-related risks, such as shelling or prolonged cuts of services. The protracted conflict has also increased the risks posed by industrial and environmental hazards present in this historically heavily industrialised area. Notably, a substantial number of such hazards sit close to the ‘line of contact’, where fighting still takes place almost daily. It is therefore paramount to reinforce local authorities’ capacity to prevent a large-scale disaster through improved planning, prepare communities to respond to these risks, and enhance capacities to protect the civilian population should a disaster strike.

“The EU is committed to supporting Ukrainian civilians affected by the ongoing conflict. We are keen on seeing the results of this important disaster risk management initiative that we are supporting in Ukraine. We believe this conference will serve as a fruitful platform to create synergies to better protect civilians from environmental and industrial hazards.” – Samuel Marie-Fanon, Head of Ukraine Office, European Union Civil Protection and Humanitarian Aid.

The Consortium

The 3P Consortium was formed in 2019, and comprises a group of international and national NGOs engaged in Ukraine – ACTED, IMPACT Initiatives, Right to Protection, the Danish Red Cross, the Austrian Red Cross, and the Ukrainian Red Cross Society. Under the leadership of ACTED, the 3P Consortium works to support the reduction of disaster risk vulnerability in eastern Ukraine.

3P partners are united by their desire to prevent, prepare and protect – the ‘3P’ – civilian populations and critical service systems against the risks of natural, ecological and industrial disasters in eastern Ukraine. By October 2020, partners plan on reaching at least 15,150 people and 45 organizations in Popasna raion in Luhansk, Yasinovata and Bakhmut raions, Toretsk municipality and the Volnovakha/Mariupol area in Donetsk.

02.10.19

Today we present R2P semiannual (January – June 2019) EECP Survey Report. More statistical data are available on the Eastern Ukraine Checkpoint Monitoring Online Dashboard.

HIGHLIGHTS of the Report:

  • 34 fatalities reportedly took place at EECPs in the first half of 2019, including 12 deaths on NGCA side (information from social media and OSCE reports) for which the data cannot be confirmed. The preliminary causes of death in most cases in GCA were related to heart health problems.
  • About 20 people per day were fainting at Stanytsia Luhanska EECP due to the heat in June.
  • By the end of June, reconstruction started by GCA local authorities in 2018 is still in progress at Hnutove, Novotroitske and Maiorske EECPs.
  • Reconstruction of the bridge at Stanytsia Luhanska EECP planned for March 25 by Luhansk Oblast Military Civil Administration did not happen as security guarantees were not provided by NGCA de-facto authorities. On June 28 commission examined the damaged bridge at Stanytsia Luhanska EECP to consider the possibility of renovation. SES started the demining process near the EECP.
  • In April monitors reported about the lack of potable water at Stanytsia Luhanska on GCA side of the EECP. By the end of June, the issue remained acute due to increasing outside temperature.
  • In comparison with the first half of 2018, the share of respondents who raised concerns related to the crossing process increased at Stanytsia Luhanska, Novotroitske and Marinka EECPs.
  • The majority of returnees indicated the improved situation at their previous place of residence among their reasons for return.
  • 680 individuals (5% of all respondents) mentioned cases of not being able to cross the contact line in the six months prior to their interview. The vast majority (509) of these cases were caused by the lack of permits in the SBGS database.
  • Since March 28, the Government lifted the limitation (time) for permits, however old permits must be reapplied to become termless.

The survey is a part of the monitoring of violations of rights of the conflict-affected population within the framework of the project «Advocacy, Protection and Legal Assistance to the Internally Displaced Population of Ukraine» implemented by R2P with the financial support of the United Nations High Commissioner for Refugees (UNHCR). The objective of the survey is to explore the motivations and concerns of those travelling between the non-government-controlled areas and the government-controlled areas, as well as the conditions and risks associated with crossing the contact line through EECPs.

EECP Survey Report is available in Ukrainian and English.

02.10.19

Today we present R2P semiannual (January – June 2019) EECP Survey Report. More statistical data are available on the Eastern Ukraine Checkpoint Monitoring Online Dashboard.

HIGHLIGHTS of the Report:

  • 34 fatalities reportedly took place at EECPs in the first half of 2019, including 12 deaths on NGCA side (information from social media and OSCE reports) for which the data cannot be confirmed. The preliminary causes of death in most cases in GCA were related to heart health problems.
  • About 20 people per day were fainting at Stanytsia Luhanska EECP due to the heat in June.
  • By the end of June, reconstruction started by GCA local authorities in 2018 is still in progress at Hnutove, Novotroitske and Maiorske EECPs.
  • Reconstruction of the bridge at Stanytsia Luhanska EECP planned for March 25 by Luhansk Oblast Military Civil Administration did not happen as security guarantees were not provided by NGCA de-facto authorities. On June 28 commission examined the damaged bridge at Stanytsia Luhanska EECP to consider the possibility of renovation. SES started the demining process near the EECP.
  • In April monitors reported about the lack of potable water at Stanytsia Luhanska on GCA side of the EECP. By the end of June, the issue remained acute due to increasing outside temperature.
  • In comparison with the first half of 2018, the share of respondents who raised concerns related to the crossing process increased at Stanytsia Luhanska, Novotroitske and Marinka EECPs.
  • The majority of returnees indicated the improved situation at their previous place of residence among their reasons for return.
  • 680 individuals (5% of all respondents) mentioned cases of not being able to cross the contact line in the six months prior to their interview. The vast majority (509) of these cases were caused by the lack of permits in the SBGS database.
  • Since March 28, the Government lifted the limitation (time) for permits, however old permits must be reapplied to become termless.

The survey is a part of the monitoring of violations of rights of the conflict-affected population within the framework of the project «Advocacy, Protection and Legal Assistance to the Internally Displaced Population of Ukraine» implemented by R2P with the financial support of the United Nations High Commissioner for Refugees (UNHCR). The objective of the survey is to explore the motivations and concerns of those travelling between the non-government-controlled areas and the government-controlled areas, as well as the conditions and risks associated with crossing the contact line through EECPs.

EECP Survey Report is available in Ukrainian and English.

25.09.19

Read the advices of lawyers CF “The right to protection” here.

Read the advices of lawyers CF “The right to protection” here.