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DOWNLOAD Digest, June 2018 HUMAN RIGHTS SITUATION OF THE INTERNALLY DISPLACED AND CONFLICT AFFECTED POPULATION RIGHT TO PROTECTION DIGEST FOR JUNE 2018 HIGHLIGHTS primary legal consultations ● Payment of social benefits and pensions ● Residents of Travneve and Hladosove in 2 181 were provided to remain the greatest concern among IDPs. Bakhmutskyi raion of Donetsk oblast and Instances of secondary legal assistance on Novooleksandrivka in Luhansk oblast, which pension issues almost doubled as a result of are close to the line of contact (LoC), obtained 1 643 individuals pension suspensions in May and non-payment the possibility to receive social benefits as of pensions arrears in accordance with local citizens per amended CMU Order 1085 court cases are in progress Cabinet of Ministers’ (CMU) Resolution 335. as of 13 June 2018. Departments of the Pension Fund of Ukraine 541 ● The Ministry of Social Policy (MoSP) is (DoPFU) representatives claimed they have no planning to merge the two databases used by guidelines on processing payment of pension Court cases by type of issue Departments of Social Protection (DoSP). The arrears, so pensions are still suspended in Unified Internally Displaced Person Database accordance with Resolution 335. will be merged with the Automatic System ● R2P’s model case decision regarding the for Processing Personal Documentation. 62% personal documentation unlawful suspension of an IDP’s pension This should optimize the work of DoSPs. The rendered on 3 May 2018 by the Supreme database merger is planned for July per info social benefits Court (SC) was appealed by the Pension received by DoSPs in Dnipropetrovsk and and/or Fund to the SC’s Grand Chamber. The case Zaporizhzhia oblasts. 31% pensions will be considered on 4 September 2018. ● DoPFU representatives in Kharkiv, Donetsk R2P continues a wide information campaign (except Nikolskyi raion), Dnipropetrovsk, to explain the outcomes and encourage IDPs Zaporizhzhia, Luhansk and Lviv oblasts and family unity protecting their pension rights to utilize the 3% Kyiv confirm that IDP pensioners can have courts. HLP (Housing, Land, their pensions delivered via Ukrposhta. 1% Property) - except military occupation IDP Registration 1% job opportunities and Personal Documentation the right to life, liberty 1% and security Hindered access to DoSP services was observed in June: (1) in Novoaidar of Luhansk other oblast due to an unannounced change in 1% the location of the facility serving IDPs. The announcement was placed at the DoSP only after R2P’s intervention; (2) in Sviatoshynskyi persons received district of Kyiv due to excessive staff workload. 1 894 information on 4 DoSP specialists are supposed to verify the protection issues actual residency of approximately 14,000 IDPs. monitoring visits The DoSP of Kharkivskyi raion in Kharkiv 399 oblast unlawfully refused to register a female IDP with an international passport as she lost communities visited her internal Ukrainian passport. 169 Although most State Migration Service (SMS) Advocacy initiatives offices do not hold onto passports for the whole 1-2 month period of identification, some SMS national advocacy offices in Kharkiv oblast continued withdrawing Stanytsia Luhanska, 5 initiatives passports for the entire 1-2 month period. queue near Oschadbank local advocacy initiatives When withdrawing passports, the standard 19 practice is for the SMS to provide certificates Stanychno-Luhanskyi raion residents have confirming submission of documents. However, limited access to SMS services when obtaining one person in Kharkiv was left without ID cards and international passports because This publication has been produced with identification documents and no temporary the SMS suboffice in Stanytsia Luhanska has the assistance of the UN Refugee Agency certificate. Even with the temporary certificate, a limited number of services, so residents (UNHCR) in the frame of the project the lack of passport can cause limited freedom only submit documents there and then must Advocacy, Protection and Legal Assistance of movement and hindered access to a number travel to Bilovodsk raion for digital photos and to the Internally Displaced Population. of social, banking, and medical services. fingerprint scans. Social Benefits and Pensions Access to Health DoSPs receive lists of IDPs who require follow the legislative regulations and conduct additional verification mainly based on the verification including home inspection before Services Arkan system related to crossing state borders they refer information to the commission First aid at Mariinka, Novotroitske and and the LoC. DoSP representatives admit for making decision on payments (except for Maiorske EECPs is only available from 9.00- the information provided is often outdated Kostiantynivka City DoSP which cancels IDP 15.30 due to working hours of Premiere and incorrect. Some IDPs on the lists never certificates of IDP pensioners without prior Urgence Internationale (PUI) while the EECP crossed the LoC at all. Other lists mentioned verification). works till 20.00. There are no State Emergency by DoSP representatives were provided by Social assistance access has become very Service (SES) paramedics at these locations. the Security Service of Ukraine (in Pokrov, limited in Avdiivka, Donetsk oblast as the PUI staff was also reduced at Maiorske EECP Kryvyi Rih and Marhanets of Dnipropetrovsk only Oschadbank branch stopped accepting as they withdrew staff at the NGCA direction. oblast). At the same time DoSPs in Donetsk applications to open accounts for targeted A SES paramedic will be withdrawn from oblast claim they have received instructions assistance in June. To access these services, Hnutove EECP. As of 2 July, no first aid will be from the Oblast DoSP to suspend payments IDPs must travel 70 km to Kostiantynivka. In available there. and cancel IDP certificates immediately after Kostiantynivka however a new branch was A considerable understaffing of medical receiving the lists. Nevertheless, local DoSPs opened for IDPs, reducing the load elsewhere. personnel was observed in Novoaidarskyi raion. Only 28 doctors, including 10 dentists, are employed instead of the 54 envisaged due to poor conditions and proximity to the LoC. Maiorske EECP, queue for a bus Marinka EECP, doctors provide Freedom of Movement medical assistance to a woman The number of persons crossing the provided for transportation of persons with Entry-Exit checkpoints (EECPs) to the non- limited mobility at Stanytsia Luhanska EECP. government controlled areas (NGCA) remains Now five wheelchairs are available instead of Advocacy high. Long queues were observed at EECPs at two. times. EECP Maiorske ceased working for 2 Persons crossing the LoC continue to face Previously, R2P addressed the Ombudsman hours on 8 June due to a red regime. On 16- difficulties when transporting items for regarding violations of the physical 17 June EECP Maiorske did not function due to personal use that are not mentioned in Ministry identification of IDPs at Oschadbank, such as reconstruction work on the NGCA side. Results of Temporarily Occupied Territories and IDPS requiring the purchase of banking services. of the monthly EECP Survey on reasons for and Order 39. For example, a man was not allowed R2P provided documentary proofs consisting conditions of crossings conducted by R2P since to cross with spare auto parts at Maiorske EECP. of a Oschadbank tariff chart for physical 2017 show that reasons for crossing the LoC Additionally, Fiscal Service representatives identification of IDPs, and a chart of violations remain the same. Most people crossing EECPs sometimes confiscate cigarettes and drinks identified by monitors in different regions. reside in the NGCA and travel to government- produced in the NGCA, even if unsealed and Resultantly, the Ombudsman initiated controlled areas (GCA) to solve issues with are clearly for personal use. proceedings in June. documents, avoid payment suspension due to As people are sometimes unaware of R2P continues working on improving of the the 60-day limit of being away from the GCA, how to re-apply for a permit to cross the legislation on social guarantees to children withdraw cash, visit relatives, and shop. Those LoC if they have lost their registry login and who has suffered from hostilities and armed who go to the NGCA mainly visit relatives password, they sometimes pay third parties for conflict. We published instructions on how to and check on property. Among positive assistance. In some cases, clear information (in obtain the «conflict-affected children» status developments at the EECPs were: (1) installing particular from R2P community assistants) can and are working to shorten the number of additional shades and benches at Maiorske prevent third party involvement and additional practical gaps in implementation of Resolution EECP; (2) three additional wheelchairs were expenses. 268. The contents of this publication are the sole responsibility of Right to Protection and can in no way be taken to reflect the views of UNHCR. Right to Protection in partnership with HIAS is a r2p.org.ua right2protection +38 (099) 507 50 90 Ukrainian not-for profit organization dedicated to [email protected] protecting the human rights of vulnerable categories R2Protection +38 (094) 905 67 64 of migrants – refugees, internally displaced, stateless [email protected] R2Protection +38 (098) 597 64 72 and those at the risk of statelessness and the undocumented. +38 (063) 496 80 88.
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