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29.12.20

In December 2020, the dream of our beneficiary Mr. Mykhailo finally came true – he received a passport of a citizen of Ukraine.

For 2.5 years, lawyers of the Right to Protection worked actively to help Mykhailo obtain a passport. The process was quite a complicated one: court hearings, legal inquiries, cooperation with the State Migration Service of Ukraine and the Registry Office. But the end result was totally worth it!

Mykhailo was born in the Belarus SSR, where he received a passport at the age of 16. In 1988, the man permanently moved to the Ukrainian SSR to the city of Kramatorsk, Donetsk region, where he lived and worked all his life.

Although our beneficiary was employed, the fact of permanent residence on the territory of Ukraine as of August 24, 1991 was difficult to prove in court. The SMSU representative insisted on questioning at least one witness who could confirm the man’s residence in Ukraine.  Fortunately, such a witness was found and agreed to come to court.  In result, the court established legal fact of Mykhailo’s residence on the territory of Ukraine as of August 24, 1991.

But then another problem emerged – COVID-19 quarantine. Due to the restrictions imposed, Mykhailo could not obtain proof of citizenship for 9 months: in early 2020, the man applied to the Bakhmut City Department of the State Migration Service for a certificate of registration as a citizen of Ukraine and received it only in September.

With the certificate, the man was finally able to apply to the SMSU for a passport, but faced difficulties due to the lack of appropriate conditions for people with disabilities. On December 2 monitor of the Right to Protection CF accompanied Mykhailo and helped him to receive a passport.

Михайло отримав паспорт Mykhailo received a passport of a citizen of Ukraine

It is probably unnecessary to remind that a passport is the most important document in the life of any person. But for Mr. Mykhailo that’s a vital document. Without a passport, he could not receive medical help and a pension, despite the fact of having 20 years of work experience. Finally, Mr. Mykhailo will feel what it is like to be a citizen and have equal opportunities and rights as all the other people!

28.12.20

Recently, an internally displaced person (IDP) who lives with two underage daughters in a dormitory in the Novomoskovsk district of the Dnipropetrovsk region applied to the Dnipro office of the Right to Protection CF. Their previous residence, although renovated at the beginning of the mass relocation of IDPs from the conflict zone, already required significant investment. Moreover, relations with other residents of the dormitory were strained (as it is usually in the places of compact settlement).

The family was non-conflicting but other people who lived with them under one roof seemed to enjoy quarrels. The woman was worried that this situation had a negative effect on her daughter, because the child’s psyche could not abstract from the negative. One day she decided to change her life. The woman contacted the Dnipro office of the Right to Protection CF to find out about the possibilities of resettlement and the necessary actions. Colleagues provided her with all the necessary information about available community housing, government housing programs, and temporary housing facilities in the area.

The family made the choice taking into account that it is better for them to live near the city of Dnipro, where the eldest daughter studies. So the family moved to a dormitory in the Chumaky village in the Dnipropetrovsk region, which is 40 minutes from the regional center. This facility has the status of temporary housing and was renovated as part of a UFSI project with the assistance of KfW Bank.

Housing

Now the woman is satisfied with the changes in her life: the dormitory is renovated, has all the necessary furniture and appliances. Her eldest daughter studies in Dnipro and lives in a student dormitory, but on all weekends and holidays she hurries to a new home to the family.

The Dnipro team of the Right to Protection hopes that the changes will bring only the positive to the lives of a family!

09.12.20

The problem of statelessness can happen to anyone. This can be the result of fire, any natural disaster or even fraud. And someone may fall victim to a bureaucratic mistake made in time of the fall of Soviet power.

The story of the Right to Protection CF beneficiary Ms. Olena began many years ago. The woman was born and lived in Ukraine for her whole life. Back in the days she had a Soviet passport.

For some time Olena was not registered at any place of residence. When a woman worked at the factory in Kharkiv, she did not have her own flat or house, as well as was not able to get a dormitory room, thus having no ability to receive registration of the place of residence. It was the year 1991. By the law, a person who officially resided in Ukraine as of August 24 and / or November 13, 1991 is considered a citizen. Despite the fact that Olena was officially employed, she could not prove her citizenship for many years.

Employees of the State Migration Service of Ukraine advised the women to apply for help to the office of the Right to Protection CF in Kharkiv. A number of lawyer’s requests were made and a statement to the court was prepared. During the proceedings, our lawyer represented Ms. Olena’s interests in the courts and proved that she had resided in Ukraine as of August 24, 1991.

Due to the high competence and efficiency of the management of the Kharkiv district department of the State Customs Service of Ukraine in Kharkiv region in the person of Dmytro Kolesnyk and Lilia Myshchenko, the procedure of establishing Olena’s identity was carried out, and all the necessary documents for passport issuance were collected and prepared.

olena-story-no-more-stateless

«Finally, I feel like a full-fledged person, a citizen of my country, where I live from my birth. I am so happy!»,

– Says Olena, without hiding her tears of joy, after receiving the Ukrainian passport she had been dreaming of for almost 30 years.

Now, Olena finally can fully exercise all the rights granted by the Constitution and the Laws of Ukraine. Now she can officially work, receive medical and social assistance, buy property and real estate, land, as well as to enjoy full belonging to the citizenship of her Homeland.

02.12.20

The COVID-19 pandemic has forced us to convert our communication with our beneficiaries into the remote mode.

In a short period of time we had to master many modern online tools, because people’s need for our help has not disappeared. And we are very glad that within the training course «Webinars: tips for human rights activists»  we were able to share with the participants all our knowledge and experiences, in particular, on the organization of webinars!

Watch the video below where our colleagues Daria Lysenko and Anna Bukreeva share on the results of this online course


The training course was implemented with the support of the Norwegian Refugee Council in Ukraine (NRC) and the Norwegian Ministry of Foreign Affairs.

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.

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

23.11.20

Our beneficiary story is the clear example of the awful human rights violations that took place at the Exit-Entry Check Points (EECP) in Luhansk and Donetsk Regions after the introduction of COVID-19 quarantine restrictions on March 27, which resulted in closing all borders and checkpoints in Ukraine. In fact, people who were in need to cross the line of demarcation in Donbas were trapped without money, food and had nowhere to sleep at night. And unfortunately, Valentyna was the one of them. 

Right to Protection CF lawyers helped the woman to obtain compensation for non-pecuniary damage, as well as to prove the illegality of the State Border Guard Service of Ukraine actions due to which our beneficiary was unable to cross the demarcation line. The appeal was upheld on 16 November 2020, Court decision is final. 

Details on the story of Valentyna – in the video below.

20.11.20

“I still can’t believe it’s all real,”

– our beneficiary said when she finally received her dream birthday present – a passport of a citizen of Ukraine.

Liuba is 37 years old. She was born and raised in a large family of Roma ethnicity. The family lived in hardships and often moved from place to place, later settling in a permanent residence in the Novovodolazk district of Kharkiv region. When Lyuba grew up, she was married in accordance with Roma tradition. The woman became stateless because her parents did not deal with the documents issue. Liuba gave birth to five children, but the two older ones were taken away from the woman due to lack of documents.

The woman’s plans for life changed dramatically when her parents’ house suddenly burned down.  Unable to withstand such a blow, Liuba’s father died of a heart attack. She was forced to return to the Kharkiv region to be able to support her mother. All this time Liuba tried to get a passport and repeatedly applied to the local “passport office”, but to no success.

Our colleagues learned about Liuba’s story from the partner organization Depol Ukraine CF. Their representatives appealed to the Kharkiv office of the Right to Protection CF to help the woman obtain a passport.

R2P lawyer made number of inquiries to the state institutions to gather all the necessary documents to confirm Liuba’s citizenship. Under the current law, a woman’s nationality depended on the place of residence of her and / or her parents. In order to prove the fact that the family lived in their native village in 1991, a request was made to the village council.

After that, the citizenship of Liuba’s parents was confirmed and it was agreed with the leadership of the State Migration Service of Ukraine in the Kharkiv region to prove the personality of Liuba with the help of only one witness. And it was the woman’s sister Raya, who came from the Kirovohrad region with a 3 month-old child to help her sister with citizenship. However, discrepancies were found in the sisters’ birth certificates, which the lawyer had to correct.  Thanks to the help of employees of the Kholodnohirs’kyy district of the State Register of the Acts of a Civil Status in Kharkiv the documents were processed as soon as possible.

In the end, the State Migration Service of Ukraine in Kharkiv region issued a final positive decision on the identification of Liuba, as well as issued the passport of a citizen of Ukraine for the first time in her life. In fact, on the eve of her 38th birthday, Liuba’s most cherished dream – to receive the passport finally came true.

Now it’s time for the Liuba’s children and her youngest sister (in whose case the Kharkiv Court of Appeal issued a positive decision) to receive the documents. But that’s a whole ‘nother story.

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!

30.08.20

Repeatedly beaten by separatists in temporarily occupied Donetsk, Hennadii refused to join the war, so they burnt his identity documents; he spent years at-risk of statelessness, and he nearly died several times. 

Hennadii Orlov now lives in Sloviansk; he recently got his Ukrainian passport. For three years leading up to this point, he was on the verge of statelessness — he had nothing to prove who he was, or even the simple fact that he was a citizen of Ukraine. The journey to get to this point — to be recognized as a citizen of Ukraine, living in Ukraine — nearly killed him. Right to Protection (R2P), a legal advocacy non-profit in Ukraine, recently helped Mr. Orlov prove his identity and re-obtain his documents and his legal status as a Ukrainian citizen. 

Hennadii is turning 40 this year. He was born in Horlivka — 90 minutes by car northeast of Donetsk City, and an area currently under occupation by the Russian backed authorities of the self-proclaimed ‘Donetsk People’s Republic.’ Horlivka, much like most of Donetsk Oblast, is a region in decline—formerly a heart of industry and mining, and now a conflict zone pockmarked by abandoned factories that once provided steady jobs and shuttered mines that once made Donetsk the wealthiest province in the country. But Hennadii never reaped much advantage from the past industriousness of his home because his family was poor, and his parents passed away when he was young, and he has dystrophy in his right hand which makes it hard for him to perform the physical tasks required in the factories and the mines. He always struggled to find steady work, and this persistent challenge eventually led to some bad choices and a jail sentence in Luhansk. 

After serving his time, Hennadii returned home just in time to witness the pro-Russian separatists seize Horlivka’s municipal buildings at the beginning of their occupation. Then, in July of 2014, he witnessed the Battle of Horlivka in which the Ukrainian government attempted to retake the city. The battle lasted over a month and reportedly killed hundreds of civilians and devastated the city, but it made little impact on the demarcation lines. The Ukrainian government and the city’s de facto authorities signed a ceasefire on September 5th of that year, and the separatists maintained control of Horlivka. 

The Battle of Horlivka strained the capacities of the separatists, and as the war dragged on and on, it became critical for them to begin recruiting local civilians into their ranks. In the following years, Hennadii was regularly threatened and robbed by the local militias, and several times he was beaten within an inch of his life. Time and again, however, Hennadii refused to join the fighting. One night in December, 2017, the militia once again broke into his house to threaten and rob him, but this time they also burned his passport. 

After that, Hennadii’s wife and children fled to government-controlled areas where they moved in with her brother in Svyatohirsk. Hennadii couldn’t accompany them because he didn’t have the documents required to cross through the checkpoints. Instead, he says, he crossed illegally — traversing a minefield where he almost set-off a landmine. 

After getting into government-controlled areas, Hennadii travelled to Sloviansk, where he moved in with a friend. His difficulties were far from over, however, because he couldn’t get a job or receive any government assistance because he technically didn’t exist: “I didn’t have anything!” He recalls. “I only had an address in [non-government controlled Donetsk]. They were looking at me like I was a stupid person!” 

After having been on his own for years — with no work, no government assistance, and living apart from his family — Hennadii was despaired by the time he heard about Right to Protection’s legal services. He heard about them through a friend, and he immediately reached out to a local R2P office by phone. Protection Attorney Nataliia Ishchenko took him on as a client, and by the summer of 2019 they were able to obtain Hennadii’s birth certificate. Then, in April of 2020, he got his Ukrainian passport. 

Things still aren’t easy for Hennadi. His wife is working at a kindergarten in Svyatohirsk, but he can’t find work there, so he’s still in Sloviansk. He now has the documents he needs to obtain legal employment, but coronavirus added a layer of complication — very few companies are hiring, and he faces the uphill battle of getting a job after such a long employment gap. However, he remains hopeful, because his situation has improved: “I don’t know how I survived the past 3 years… If not for my friend, who helped me with housing, food and some small side-jobs, I would have probably died from hunger or have gone back to prison.” He’s still worried about providing for his family, but at least, he says, he has his documents. Now he’ll be legally allowed to marry his wife, and — when the opportunity arrives — he’ll be allowed to accept legal employment… At least he now legally exists.