Ukraine Profile of Asylum Claims and Country Conditions

of 43 Ukraine (June 1997) Department of State Profile of Asylum Claims and Country Conditions Report PARDS Report-Specific Source and Reliability Assessment

Ukraine

Profile of Asylum Claims and Country Conditions Report Bureau of Democracy, Human Rights and Labor U.S. Department of State Washington, D.C. 20520 June 1997

Table of Contents I. Introduction

II. Overview and Recent Developments

III. The Most Frequent Claims A. Claims Based on `Nationality’ Russians Jews Other Minorities B. Claims Based on Religion Evangelical Christians Russian Orthodox, Autocephalic Orthodox, and Greek Catholics C. Claims Based on Political Opinion

IV. Other Considerations A. Fear of Criminal Elements B. Ukraine Security Services C. Internal Flight Alternatives

Political Asylum Research and Documentation Service (PARDS) Princeton, New Jersey 08542

Email: [email protected] (rev. 12-14-09) Web Site: www.pards.org

WARNING: By regulation, D.o.S. Profiles of Asylum Claims Reports are a part of the record, principal lens, but inherently flawed means by which adjudicators come to understand country conditions, standard by which to assess asylum, withholding of removal, and Convention against Torture claim plausibility and merit. This report contains internal inconsistencies, distortions, and omissions intended to undermine petitioner credibility, claim plausibility and merit. Underline all claim-relevant statements. Circle or highlight distortions. Compare and contrast claim content with this report noting themes omitted by D.o.S. Any uncorrected deviation between content of petitioner’s claim and testimony, and this report, provide a basis for claim denial. Internal inconsistencies, distortions, and omissions are correctable through: (1) a PARDS Report-Specific Source and Reliability Assessment, (2) internationally known/ respected country experts, and (3) claim-relevant documentation available from PARDS. Font size was increased for ease of review, paragraphs numbered and sentences identified by alphabetic super script for ease of reference, and report-specific outline attached. Page 2 of 43 Ukraine (June 1997) Department of State Profile of Asylum Claims and Country Conditions Report PARDS Report-Specific Source and Reliability Assessment

D. Other Factors Influencing Emigration E. Right to Return to Ukraine

Chronology

I. Introduction

[1] Country conditions profile are produced by the Department of State’s Office of Asylum Affairs for use by the Executive Office of Immigration Review and the Immigration and Naturalization Service in assessing asylum claims.a [FTN 1] They are written by the Department of State officers with expertise in the relevant area and are circulated for comment within the Department, including to overseas missions, and to other agencies if appropriate. b

[2] A review of developments in Ukraine through 1996 will be found in the entries on that country in the annual Country Reports on Human Rights Practices.a Overall, Ukraine continues to make significant progress toward building a law-based society.b Reports of human rights violations in 1996 remained at the same low level as in the previous year.c Problems remain in the unreformed legal and prison system.d There are occasional government attempts to control the press, and significant limits on freedom of association and on non-native religious organizations.e There remains significant societal anti-Semitism.f (See the appropriate sections below for more details). g

______FTN 1. By regulation, the Department of State may provide information on country conditions to help adjudicators assess the accuracy of asylum applicants’ assertions about country conditions and their own experiences; likely treatment were the applicants to return; whether persons similarly situated are known to be persecuted; whether grounds for denial are known to exist; other information relevant to determining the status of a refugee under the grounds specified in section 101(a)(42) of the Immigration and Nationality Act.

[3] A new constitution was adopted in June 1996 under which the President, elected to a 5-year term, and one-chamber Parliament (the Rada), elected a 4-year term, share responsibility for governance.a President Leonid Kuchma was elected in 1994.b The President appoints the Cabinet and controls government operations.c The Ukrainian economy has suffered greatly during the transition away from the centrally controlled and geographically integrated system that characterized the Soviet period.d Efforts by President Kuchma to bring about economic reform achieved partial stabilization but face strong resistance in Parliament and among elements of Ukrainian society.e However, while the economy remains in crisis, there have been some signs of progress.f For example, hyperinflation has been curtailed, and the private sector has grown impressively. g

III. The Most Frequent Claims

[4] According to parliamentary statistics, people from Ukraine filed 442 asylum applications with INS from October 1995 through September 1996.a This represents a decline from 569 during the same period a year earlier. b

[5] Applicants from Ukraine most frequently cite adverse treatment because of their `nationality’ (the term most commonly used to denote ethnic origin) as the basis of their asylum claims.a In fact, a review of applications filed with the INS in late 1995 and early 1996 suggests that a large majority of claims include an ethnic element.b Ukrainian Jews (categorized as a separate ethnic group by the authorities) are by far the most numerous group of applicants in this category, but some Russians, who have become a minority in a system they once dominated, are also claiming asylum on these grounds.c A number of applicants, including Evangelical Christians

(Baptists, Pentecostals, Seventh Day Adventists, and others), members of various factions of the Orthodox Church, and Greek Catholic (Uniate) believers and Jews, claim mistreatment because of their religious affiliation.d Applicants basing their claims on political persecution are few, and these tend to be rooted in the applicants’ opposition to Communism.e Many applicants include expressions of fear of entrenched authoritarian elements, including unreconstructed `KGB’ operatives, and of criminal elements. f

[6] Generalized uncertainty about the future is a common feature of Ukrainian claims.a One more concrete source of concern for the future, however, is the emergence of an intolerant strain of Ukrainian nationalism, with strongest roots in the Western Ukraine, but with some support elsewhere.b In the sections below, we describe the nature and degree of past, state-sanctioned discrimination and mistreatment, and current country conditions related to various claimants, with the goal of aiding the adjudicator in determining the extent of past asylum legislation. c

A. Claims Based on `Nationality’

[7] The idea of `nationality’ in the countries of the former Soviet Union correspond more closely to the American idea of `ethnic group’ than to country of origin or citizenship.a A Ukrainian may identify himself or herself as of `Polish’ or `German’ nationality even though he or she descends from a family that moved to areas incorporated into Ukraine generations ago.b The claimant may not even speak Polish or German.c A 1991 law on the rights of national minorities constitutes the basic formulation of nationality policy in Ukraine.d It has been recognized by human rights advocates, the High Commissioner for National Minorities of the Organization for Security and

Cooperation in Europe, and the Council of Europe, as meeting international Standards required for the protection of minority groups.e This law provides a large number of specified nationalities with schools and cultural organizations paid in part by government subsidies. f

[8] According to official calculations, there are about 130 nationalities in Ukraine.a Russians are the largest non-Ukrainian ethnic group, comprising 22% of the population, followed by Jews, Belarussians, Moldovans, Bulgarians, Poles, Hungarians, Romanians, Greeks, Crimean Tartars and Germans.b Ethnic minorities recognized by the State are permitted public schools in their own languages.c Most groups boast cultural and social organizations to protect their interests. d

Russians

[9] The ethnic Russians are the largest minority in Ukraine, constituting about 22% of the population.a Political differences between the Governments of Russia and Ukraine have led to widespread discussion of possible ethnic difficulties between Russians and Ukrainians.b Despite some tensions, however, there has been no serious conflict on an ethnic basis and the governments of both countries have generally refrained from fomenting ethnic tensions.c Russian and Ukrainian speakers in Ukraine generally do not differentiate in daily life between Ukrainian and Russian ethnicity.d Large numbers of Ukrainians (that is, individuals with `Ukrainian’ names who identify themselves as ethnic Ukrainians) speak Russian at home.e One Ukrainian official has said that Russian speakers make up more than half of the population.f For example, Russian is generally regarded as the most common language encountered in the capital, Kiev, although the study of

Ukrainian has become compulsory in Kiev’s public schools.g Ukrainian President Kuchma is more comfortable with Russian, although he has consistently spoken Ukrainian with foreigners and in public since his election.h Post-independence policies promoting Ukrainian will no doubt gradually alter this picture.i The large numbers and strategic location of the Russian speakers (in the industrial East, and in Crimea, the home of the Black Sea Fleet) are such that the government will be under considerable pressure to be attentive to their interests. j

[10] Russian speakers predominate in Crimea and form a sizeable minority in the Eastern and Southern parts of the country.a In these areas sentiment for close ties with Russia is strong.b However, it is motivated more by economic considerations than by hostility toward ethnic Ukrainians.c Since the breakup of the Soviet Union, Ukraine has witnessed a more severe economic decline than Russia, and many Ukrainian industrial enterprises trace their hardships directly to severed ties with Russian suppliers and customers.d More recently Ukraine has begun meaningful economic reform and increased trade links with the West, and this sentiment has lessened.e Russian national feeling has been strongest in Crimea, which is primarily Russian in ethnic makeup and which was administered as part of Russia until transferred to Ukraine by the Soviet government in 1954.f Since Ukraine became independent Crimea has enjoyed considerable juridicial, and even greater de facto autonomy.g Ethnically motivated mistreatment of Russians there by Ukrainians is considerably less likely than mistreatment of Ukrainians by Russians.h In reality, there is little of either. In western Ukraine, centered on L’viv, a growing spirit of Ukrainian nationalism has lead to some popular hostility toward Russian inhabitants.i This may result

WARNING: By regulation, D.o.S. Profiles of Asylum Claims Reports are a part of the record, principal lens, but inherently flawed means by which adjudicators come to understand country conditions, standard by which to assess asylum, withholding of removal, and Convention against Torture claim plausibility and merit. This report contains internal inconsistencies, distortions, and omissions intended to undermine petitioner credibility, claim plausibility and merit. Underline all claim-relevant statements. Circle or highlight distortions. Compare and contrast claim content with this report noting themes omitted by D.o.S. Any uncorrected deviation between content of petitioner’s claim and testimony, and this report, provide a basis for claim denial. Internal inconsistencies, distortions, and omissions are correctable through: (1) a PARDS Report-Specific Source and Reliability Assessment, (2) internationally known/ respected country experts, and (3) claim-relevant documentation available from PARDS. Font size was increased for ease of review, paragraphs numbered and sentences identified by alphabetic super script for ease of reference, and report-specific outline attached. Page 8 of 43 Ukraine (June 1997) Department of State Profile of Asylum Claims and Country Conditions Report PARDS Report-Specific Source and Reliability Assessment in isolated instances of mistreatment of Russians by right wing organizations or individuals. j

[11] Official Policies on Language, Education, Citizenship: So far, we have no reports of discriminatory treatment of Russians by authorities on an ethnic basis.a On the contrary, Ukrainian government and political leaders have taken special care to reassure them.b While Ukrainian has been declared the `state’ language, leading some Russia speakers to warn of forced Ukrainianization, there have been measures to ensure equal status of languages in areas with high minority populations.c In Crimea and eastern Ukraine, Russian is permitted as a language of official correspondence along with Ukrainian.d A Ukrainian official has indicated that over half of the country’s school children are studying in Russian language schools. e

[12] Historically, Ukrainian Jews have suffered discrimination on both ethnic and religious grounds.a Since the demise of the atheistic Soviet ideology, the threat to Jews has primarily been on an ethnic basis.b This section treats the two together. c

[13] Historic Perspective: After Russians, Jews are the second largest minority.a The population has declined from 630,000 in 1980 to under 500,000 as a result of emigration to Israel and the United States. b

[14] Jews continue to constitute the largest single group seeking political asylum from Ukraine.a Typical claims include references to discrimination encountered in education and employment and suppression of religious freedom under the Communists, and incidents – often violent – involving anti-Semitic groups in the post-Communist era. b

[15] Under the Communists: Initially the Communists abolished the widespread anti-Semitic policies and restrictions of the Tsars.a Subsequently, however, particularly during the post-war period, discrimination was reintroduced.b Measures taken by Stalin from 1948 until his death in 1953 included suppression of Jewish cultural life and imprisonment and exile of Jews on trumped up charges.c After Stalin’s death, many of the individuals falsely charged were `rehabilitated.’d In subsequent years, however, discrimination against Jews persisted in education, employment, and the exercise of religious and cultural rights, but became more subtle and selective.e For most of the post-war period, access to higher education was limited by a quota system, which effectively made entry into higher education institutions more difficult for Jews.f Although these limitations were widely felt, Jews nevertheless managed to gain higher education in comparatively large numbers. g

[16] Employment opportunities for Jews under the Soviet regime presented a complex picture.a They gained access most frequently to positions in the arts, education, engineering, the natural sciences and medicine.b In political leadership positions, in the higher ranks of the military, and in defense related industries they encountered much greater barriers. c

[17] Although a few synagogues remained open, Communist hostility to organized religion of any sort either prevented Jews from practicing their religion ore required them to sacrifice any hopes of professional or educational advancement if they did so. a

[18] While they were willing to manipulate ethnic sentiments themselves, the Soviet leaders were suspicious of spontaneous expressions of popular feeling of any kind.a Accordingly, Jews did not experience pogroms or other physical manifestations of popular anti-Semitism under the Communists. b

[19] The Post Communist Period: Since independence, Ukrainian governments have condemned anti-Semitism and have not pursued policies which discriminate on the basis of Jewish nationality or religion.a There has been a resurgence of Jewish religious and cultural institutions.b The republic now boasts 12 Jewish day schools and 50 synagogues, compared with 12 in 1990.c The International Solomon University has been founded in Kiev, and there are several other colleges.d There are two Jewish theatres, a number of newspapers are published, and radio and television programs broadcast are in Hebrew.e Two important Ukrainian cities, Odessa and Vinnytsya, have elected Jewish mayors.f The political leadership continues to be outspoken in criticizing anti-Semitism.g President Kuchma visited the Holocaust museum during his November 1994 visit to the United States.h There is no indication that anti-Semitism has any place in government policy.i The Government has protected the rights of the Jewish community.j The Union of Councils for Soviet Jewry and Amnesty International have active offices in Kiev. k

[20] Nonetheless there is evidence that anti-Semitism persists.a Ant- Semitic articles appear in the press, and there have been reports of new anti- Semitic periodicals.b These phenomena are most evident in Western Ukraine.c Some ultranationalist Ukrainian groups, like UNA-UNSO and DSU (`National Independence for Ukraine’) circulate anti-Semitic tracts.d Anti-Semitic articles continue to appear in a few local newspapers, especially in western Ukraine and Kiev.e The L’viv newspaper `For a Free Ukraine’ and the Kiev-based `Evening Kiev’ regularly publish anti-Semitic diatribes, but have not been prosecuted under the law forbidding the sowing of interethnic hatred.f The National Conference on Soviet Jewry and Union of Councils reported the ant-Semitic incidents continued in some regions.g Union of Councils monitors have reported that death threats were made against Jews in Kharkiv.h Some Jewish cemeteries have been vandalized. i

[21] In the past few years Ukraine has begun a halting process of privatization.a The problems of honest businessmen have been compounded by the considerable activity of gangsters.b (See Fear of Criminal Elements, below).c Shakedowns are commonplace and protection money is often extorted, at time by the gangsters, at times by bureaucrats.d In such cases, when the nationality of the businessmen is Jewish, anti-Semitism references are often reported to accompany the pressure.e The adjudicator may wish to probe further to determine whether the mistreatment was motivated by anti- Semitism. f

Note on Verifying Jewish Nationality

[22] The adjudicator may occasionally have reason to question an applicant’s claim to be Jewish.a Continuing a practice dating from the Communist period, Ukraine classifies citizens by `nationality’ (see explanation above), which is specified in an `internal passport’ often required in dealing with educational, housing, civil registry, or economic or other governmental institutions.b Individuals whose parents were regarded as Jewish by `nationality’ were listed as Jewish in their internal passports.c The `nationality’ of parents is also listed in birth certificates.d Often, applications who anticipate making an asylum claim in the United States based on their Jewish nationality will bring such documents with them.e In cases where serious doubt arises and no documents are available in the United States, relatives of applicants should be able to obtain copies from the authorities in Ukraine.f (The Ukrainian authorities are in the process of issuing new `internal passports’ that will not indicate nationality.). g

[23] Applicants not listed as Jewish on their internal passports or birth certificate may still make valid claims of being Jewish.a In the past, offspring of mixed marriages had the choice of listing the nationality of either parent on their own identity documents, and, faced with the possibility of discrimination, often chose to list the non-Jewish nationality.b After two generations, therefore, both parents would be listed in the applicant’s birth certificates as having nationalities other than Jewish.c If the adjudicator determines nonetheless that the applicant should be considered Jewish, he or she might conclude that the need to hide one’s nationality itself is a factor suggesting a genuine fear of anti-Semitism.d On the other hand, an individual who successfully hid his Jewish nationality under the Communist

WARNING: By regulation, D.o.S. Profiles of Asylum Claims Reports are a part of the record, principal lens, but inherently flawed means by which adjudicators come to understand country conditions, standard by which to assess asylum, withholding of removal, and Convention against Torture claim plausibility and merit. This report contains internal inconsistencies, distortions, and omissions intended to undermine petitioner credibility, claim plausibility and merit. Underline all claim-relevant statements. Circle or highlight distortions. Compare and contrast claim content with this report noting themes omitted by D.o.S. Any uncorrected deviation between content of petitioner’s claim and testimony, and this report, provide a basis for claim denial. Internal inconsistencies, distortions, and omissions are correctable through: (1) a PARDS Report-Specific Source and Reliability Assessment, (2) internationally known/ respected country experts, and (3) claim-relevant documentation available from PARDS. Font size was increased for ease of review, paragraphs numbered and sentences identified by alphabetic super script for ease of reference, and report-specific outline attached. Page 13 of 43 Ukraine (June 1997) Department of State Profile of Asylum Claims and Country Conditions Report PARDS Report-Specific Source and Reliability Assessment regime would also be less likely to have experienced discrimination on the basis of it. e

Other Minorities

[24] Ruthenians: A Slavic people who live in the extreme western Ukraine, as well as eastern Slovakia and southern Poland, the Ruthenians are not recognized as a nationality by the Ukrainian government, which regards them as a subdivision of the Ukrainian ethnic group.a Accordingly they do not have the benefits of the legislation specifying the rights of national minorities, such as schools in their own language.b Many Ukrainian officials appear to regard Ruthenian self-expression in geographically sensitive western Ukraine as a security concern.c The Ruthenian community is divided about what its future should be.d Some members of the community are actively working for greater recognition by the Ukrainian government of their separate language and nationality.e To this end they have made alliances with groupings in the Hungarian and Russian communities.f This effort to work through the rather rigid Ukrainian political system has not been successful so far, but we have no indication that individuals who engage in it have been subjected to systematic mistreatment. g

[25] Crimean Tartars, Romanians, Hungarians: None of these ethnic groups has generated any appreciable number of asylum claims, but they deserve as significant ethnic minorities.a All these groups are officially recognized minorities entitled to the use of their languages in education and other spheres.b The Tartars are traditional inhabitants of Crimea, from whence they were forcibly dispersed, primarily to Central Asia, under Stalin.c In recent years they have been returning to Crimea, where they have

WARNING: By regulation, D.o.S. Profiles of Asylum Claims Reports are a part of the record, principal lens, but inherently flawed means by which adjudicators come to understand country conditions, standard by which to assess asylum, withholding of removal, and Convention against Torture claim plausibility and merit. This report contains internal inconsistencies, distortions, and omissions intended to undermine petitioner credibility, claim plausibility and merit. Underline all claim-relevant statements. Circle or highlight distortions. Compare and contrast claim content with this report noting themes omitted by D.o.S. Any uncorrected deviation between content of petitioner’s claim and testimony, and this report, provide a basis for claim denial. Internal inconsistencies, distortions, and omissions are correctable through: (1) a PARDS Report-Specific Source and Reliability Assessment, (2) internationally known/ respected country experts, and (3) claim-relevant documentation available from PARDS. Font size was increased for ease of review, paragraphs numbered and sentences identified by alphabetic super script for ease of reference, and report-specific outline attached. Page 14 of 43 Ukraine (June 1997) Department of State Profile of Asylum Claims and Country Conditions Report PARDS Report-Specific Source and Reliability Assessment come into conflict with the largely Russian population there.d As many as 260,000 Tartars may have settled in Crimea, primarily in the early 1990s, while an equal number remain in other parts of the former Soviet Union.e About 40,000 have been unable to muster resources to build homes, an equal number are unemployed.f They suffer some job discrimination and object to being refused rights to properties they occupied before their expulsion in the late 1940s.g They are politically organized and have called for measures to improve services for Crimean Tatars.h They tend to reject the separatists tendencies of the Russian majority in Crimea, believing that the overall Ukrainian majority in Ukrainian would provide greater protection.i The Tatar leaders have complained for some time that members of their community were being victimized by criminal gangs.j In June 1995 Tatar merchants were killed by a criminal gang demanding protection money, which led to riots by the Tatars seeking police action against criminal gangs.k So far not a single suspect has been brought to trial. l

[26] The Hungarian and Romanian minorities inhabit the western and southwestern regions of Ukraine, respectively.a There are more than 150,000 ethnic Hungarians in Ukraine’s Transcarpathian province.b There has been some criticism among them that the election law under which the 1994 parliamentary elections were held was devised to hinder the formation of parties by national minorities.c Many Ukrainian nationalists consider the greater assertiveness of these minorities in recent times to be a threat to Ukrainian sovereignty.d We have seen no reports of violence or other mistreatment on ethnic lines.e The `Romanian’ minority includes both those who identify Romania is their ethnic homeland, and those who identify primarily with the independent Republic of Moldova. f

B. Claims Based on Religion

(For discussion of Jewish cases, which usually involve both religious and ethnic issues, see `Claims Based on Nationality.’) a

Evangelical and Other Christian Groups

[27] As indicated in the Country Reports on Human Rights Practices, the Government respected constitutional and legal requirements for the separation of church and state and permitted religious organizations to establish places of worship and to train clergy.a This was not always the case.b Under the Russian Empire, Evangelical Christians were regarded by the state-established Russian Orthodox Church as a threat, and were subjected to official and unofficial harassment on religious grounds.c Under the Communists, Evangelical Christians were repressed in the same way as believers of other faiths.d If they were open about their religion, they were usually denied higher education and professional opportunities.e In addition, the beliefs of many of the Evangelical groups included a prohibition against bearing arms.f In some cases, this was interpreted by the believers as forbidding military service entirely.g This often led to prison, incarceration in psychiatric hospitals or to alternative service in unhealthy places and occupations.h Other groups accepted military service, but refused to carry weapons.i This stance usually led to assignment to a military construction brigade. j

[28] With the overthrow of the Communist regime in 1991, Evangelicals are no longer denied religious freedom and they worship without interference.a Alternative service for conscientious objectors is provided.b Religious organizations are required with the State, but so far the State has not interfered with the registration of minority religions such as Mormons, Jehovah’s Witnesses, and the Church of the Nazarene, when such registration was initiated by Ukrainian citizens.c There have been some cases of interference from local authorities, who have delayed registration of religious organizations.d Outright refusal of registration, however is not permitted.e Nor have these localized bureaucratic obstructions prevented from conducting worship services.f A 1993 amendment to the 1991 law places some restrictions on the religious activities of foreigners. g

Russian Orthodox, Ukrainian Orthodox and Greek Catholics (Uniates)

[29] Asylum claims also occur among believers of more traditional Ukrainian Catholic faiths.a While the history of these groups is complex, it can be said that for most of the Communist period, the only type of Orthodox Christianity permitted by the regime was Russian Orthodoxy, hierarchically subordinated to the politically reliable Church hierarchy in Moscow.b The Autocephalics, essentially a Ukrainian national Orthodox Church, and the Greek Catholics, whose worship service resembles the Orthodox but whose hierarchical allegiance is to the Roman Catholic Pope, were regarded as tainted with Ukrainian nationalism and possible allegiance to foreign powers.c Under the Communist regime, both groups were systematically suppressed.d Both groups remained active among Ukrainians in Canada and the United States. e

[30] Gorbachev’s reform made possible a resurgence of activity by both Churches in the late 1980s.a This met with hostility from Communist administrators and internal security organs, often in alliance with the Russian Orthodox Church, which had inherited the physical facilities and many of the believers of the two suppressed organizations.b In the period from the late 1980s until the time of Ukrainian independence, there were examples of severe mistreatment if active believers of these two faiths. c

[31] This situation has now changed dramatically.a The Ukrainian Orthodox Church under the Moscow Patriarchate, with about 20 million members, remains the largest Orthodox denomination. Its great strength is in eastern and central Ukraine.b There are rival churches that seek to represent the idea of a Ukrainian Orthodox Church independent of the Moscow Patriarch.c Principal among them are the Ukrainian Autocephalous Church Orthodox Church, which has four to five million members primarily in the western part of the country, and the Ukrainian Orthodox Church – Kiev Patriarchate, whose strength is mostly in western and central Ukraine.d These denominations, as well as the Greek Catholic Church, whose adherents are located primarily in western Ukraine, now enjoy unfettered freedom of worship.e As might be expected, there were some residual problems.f Disputes over the division of church property were severe, occasionally resulting in violence in some villages of western Ukraine.g These incidents had virtually ceased by 1994. h

[32] In 1995 violence attended efforts by adherents of the Ukrainian Orthodox Church – Kiev Patriarchate, to bury their deceased Patriarch, Volodymyr, in Kiev’s St. Sophia’s Cathedral.a In 1996 the Government initiated an attempt to mediate the ongoing dispute among competing churches claiming to be `the Ukrainian Orthodox Church.’b This initiative is now under discussion by the churches concerned. c

[33] Both Greek Catholic and Orthodox churches have seminaries in Ukraine.a In 1996 the Government moved to reduce church utility fees and payments, exempt churches from the land tax, and expedite the return of religious buildings to their former owners.b Independent observers credit Government authorities with seeking to maintain neutrality among the various religious organizations. c

Other Religious Groups

[34] In February 1996 a Kiev court sentenced three leaders of the `While Brotherhood’ religious cult to jail terms ranging from 4 to 7 years of staging mass disorder and resisting authorities, for their government in the 1993 seizure of St. Sophia’s Cathedral in Kiev, which resulted in a violent clash with police. a

C. Claims Based on Political Opinion

[35] The Communist rule that Ukraine shared with other republics of the Soviet Union was highly intolerant of dissent.a Ukrainian supporters of political pluralism or Ukrainian nationalism were suppressed.b The situation became more complex as Ukrainian leaders reluctantly accepted elements of

Gorbachev’s liberalization and as a struggle developed over the future of the Soviet Union.c Dissent became louder, and on the surface the State’s political grip became looser, but these elements of the regime determined to resist change because more forceful in their determination to preserve the status quo.d In the period culminating in the coup attempt in Moscow by hard-liners in August 1991, forces loyal to the Soviet State, often including the security forces, continued to employ pressure tactics, including forcible detention and physical reprisals, against supporters of democracy and Ukrainian independence. e

[36] The post-independence period has seen the emergence of a multi- party system reflecting a broad range of political viewpoints.a In presidential elections, the incumbent President, Leonid Kravchuk, a former Communist, was defeated in 1994 by former Prime Minister Leonid Kuchma, in what was regarded as a fairly conducted election. A total of 6,000 candidates – an average of 13 per electoral district – stood for office in parliamentary elections held beginning in March 1994.b We have no indication that government entities repressed individuals or political parties because of their views. c

[37] However, there are some significant restrictions.a The Constitution prohibits parties that advocate the elimination of Ukrainian independence or the violent overthrow of the Government, or those that undermine security or foment ethnic, racial or religious hatred.b Reflecting a widespread concern over separatist tendencies, the authorities imposed limitations on regional political parties by means of restrictive registration requirements.c These afford primarily Russian and Tatar organizations in Crimea.d In addition, the authorities have used a requirement that all organizations (political

WARNING: By regulation, D.o.S. Profiles of Asylum Claims Reports are a part of the record, principal lens, but inherently flawed means by which adjudicators come to understand country conditions, standard by which to assess asylum, withholding of removal, and Convention against Torture claim plausibility and merit. This report contains internal inconsistencies, distortions, and omissions intended to undermine petitioner credibility, claim plausibility and merit. Underline all claim-relevant statements. Circle or highlight distortions. Compare and contrast claim content with this report noting themes omitted by D.o.S. Any uncorrected deviation between content of petitioner’s claim and testimony, and this report, provide a basis for claim denial. Internal inconsistencies, distortions, and omissions are correctable through: (1) a PARDS Report-Specific Source and Reliability Assessment, (2) internationally known/ respected country experts, and (3) claim-relevant documentation available from PARDS. Font size was increased for ease of review, paragraphs numbered and sentences identified by alphabetic super script for ease of reference, and report-specific outline attached. Page 20 of 43 Ukraine (June 1997) Department of State Profile of Asylum Claims and Country Conditions Report PARDS Report-Specific Source and Reliability Assessment commercial or other).e Various ministries that control the registration function have employed it from time to time to prevent citizens from exercising their right of free association. f

[38] The law requires permits for political demonstrations and such permits are generally granted.a Unlicensed demonstrations are also common and have generally occurred without police interference, although in Kharkiv and Dnipropetrovsk authorities have instituted legal proceedings against individuals charged with repeatedly participating in unauthorized demonstrations. b

[39] Politicians continued to be the victims – whether through killing or kidnapping – of organized criminal groups, aided in a few cases, either actively or passively, by corrupt officials.a In July 1996 the Prime Minister narrowly escaped an alleged assassination attempt.b The number of contract killings of members of the business community, often managers of state- owned enterprises, remained high. c

[40] Generally, however, mistreatment by criminal elements of officials and political figures usually has little to do with the political opinion of their targets.a It is, rather, the target’s access to control over material resources that attracts the attention of the criminals.b Since the extent of official corruption is considerable (see section on Fear of Criminal Elements, below), the adjudicator needs to ensure that the applicant is not simple that loser in a conflict between two groupings with criminal connections. c

[41] Generally, however, mistreatment by criminal elements of officials and political figures usually has little to do with the political opinion of their targets.a It is, rather, the target’s access to control over material resources that attracts the attention of criminals.b Since the extent of official corruption is considerable (see section on Fear of Criminal Elements, below), the adjudicator needs to ensure that the applicant is not simply the loser in a conflict between two groupings with criminal connections. c

[42] Applicants basing their claim on political grounds often express fear of the KGB, now nationalized and renamed the Security Service of Ukraine (SBU), and other law enforcement organizations.a They often assert that the personnel of these organs has changed little since independence.b While it would not be surprising to find individual personnel who are intolerant of dissent, the security services are effectively subordinated to the Ukrainian authorities, and there is little likelihood that they would now mistreat individuals because of their support for Ukrainian independence at some time in the past.c (see below for further discussion of the SBU). d

[43] Crimea: The undermining of central government authority following independence has been particularly serious in Crimea.a The central Government in Kiev lacks institutional control over the peninsula, and the Crimean authorities are widely alleged to be compromised by ties to organized criminal elements.b A total of 35 alleged contract murders were committed in 1995;c none of these has been resolved.d Twenty-one were reported in 1996 (a new police leadership claims to have solved 13 of these).e

IV. Other Considerations

A. Fear of Criminal Elements

[44] The relaxation of the strong grip of the previous Communist government, combined with the rapid deterioration of Ukraine’s economy, have contributed to a substantial increase in criminal activity.a Many applicants cite mistreatment by criminal elements, often described as ``mafias,’ that engage in robbery, extortion, and occasional kidnapping.b Individuals engaging in commercial activities are particularly vulnerable to these groups.c Moreover, there are often overlapping connections between the new business class, criminal groups, and corrupt government officials.d Often applicants will describe these difficulties as related to one of the government officials.e Often applicants will describe difficulties as related to one of the statutory grounds for granting asylum.f There may be occasions when the ethnic, religious or political affiliations are related to criminal activity (some criminal groupings appear to be drawn from one or another ethnic group, for example), but we have identified no pattern of mistreatment based on these factors. g

B. Ukrainian Security Services and Police

[45] The national Security Service of Ukraine (SBU) and the Ministry of Internal Affairs (MVS) report directly to the President through the Cabinet.a Their chairman are members of the Council of Ministers.b The Parliament has established committees to advise and consult with them.c Ukrainian officials announced in April 1997 that President Kuchma had signed a

WARNING: By regulation, D.o.S. Profiles of Asylum Claims Reports are a part of the record, principal lens, but inherently flawed means by which adjudicators come to understand country conditions, standard by which to assess asylum, withholding of removal, and Convention against Torture claim plausibility and merit. This report contains internal inconsistencies, distortions, and omissions intended to undermine petitioner credibility, claim plausibility and merit. Underline all claim-relevant statements. Circle or highlight distortions. Compare and contrast claim content with this report noting themes omitted by D.o.S. Any uncorrected deviation between content of petitioner’s claim and testimony, and this report, provide a basis for claim denial. Internal inconsistencies, distortions, and omissions are correctable through: (1) a PARDS Report-Specific Source and Reliability Assessment, (2) internationally known/ respected country experts, and (3) claim-relevant documentation available from PARDS. Font size was increased for ease of review, paragraphs numbered and sentences identified by alphabetic super script for ease of reference, and report-specific outline attached. Page 23 of 43 Ukraine (June 1997) Department of State Profile of Asylum Claims and Country Conditions Report PARDS Report-Specific Source and Reliability Assessment decree establishing a National Bureau of Investigation to combat organized crime and corruption. d

[46] Although applicants sometimes state they will be targeted by these organizations (often still collectively referred to as the KGB) because of their religious beliefs or practices, ethnicity or opposition to Communism or to the Russians, human rights organizations have not reported any complaints of violations of human rights by the SBU.a Nonetheless, the remnants of Soviet control mechanisms survive in many guises and petty harassment of citizens continues to occur.b Militia personnel have the right to stop vehicles arbitrarily and do not need probable cause to initiate extensive documents checks and inspection of all parts of the vehicle.c Citizens who have committed no violation, or only a minor often, often prefer to pay a bribe to avoid a time-consuming inspection. d

C. Internal Flight Alternative

[47] Many of the problems encountered by applicants from Ukraine are local or regional in nature.a Different religious and ethnic groups predominate in different areas.b Consequently, internal flight would be a logical solution to many problems.c We believe internal flight is possible in many cases, although the transitional nature of the Ukrainian situation makes this a complex issue.d The system of registering with local authorities (usually called the `propiska’ system) which was introduced during the Soviet period, remains in effect in Ukraine in modified fashion.e As employed by Ukrainian authorities, it is a requirement to register at one’s work place and place of residence, not, as in the old Soviet Union, a requirement for official permission to live or work in a new location.f

However, registration is still tied to state employment and to state social benefits.g People who move to other regions to work in the private sector, for instance, may not be eligible for registration and may be denied social benefits (for example, they might be denied free medical care and have to purchase such care at high, private rates). h

D. Other Factors Influencing Emigration from Ukraine

[48] Apart from the ethnic, political and religious factors already described, a number of other factors are motivating many individuals who depart Ukraine. a

Economic and Social Dislocation

[49] Even by comparison with some of its neighboring former Soviet republics, Ukraine’s economic performance in the past few years has been poor.a With economic reform, the economy has begun to stabilize, although real income remain depressed for most Ukrainians.b Older people with relatives in the United States have particularly compelling reasons to consider emigration.c The medical and social safety nets, once a source of pride and a reason for remaining in Ukraine, have largely fallen apart. d

Chernobyl

[50] While scientists may disagree on the extent of the health hazard that persists from the 1986 Chernobyl nuclear accident, the belief is widespread in Ukraine that many areas of that country are contaminated.a The desire to escape the effects of the accident is a motivating factor for some individuals,

WARNING: By regulation, D.o.S. Profiles of Asylum Claims Reports are a part of the record, principal lens, but inherently flawed means by which adjudicators come to understand country conditions, standard by which to assess asylum, withholding of removal, and Convention against Torture claim plausibility and merit. This report contains internal inconsistencies, distortions, and omissions intended to undermine petitioner credibility, claim plausibility and merit. Underline all claim-relevant statements. Circle or highlight distortions. Compare and contrast claim content with this report noting themes omitted by D.o.S. Any uncorrected deviation between content of petitioner’s claim and testimony, and this report, provide a basis for claim denial. Internal inconsistencies, distortions, and omissions are correctable through: (1) a PARDS Report-Specific Source and Reliability Assessment, (2) internationally known/ respected country experts, and (3) claim-relevant documentation available from PARDS. Font size was increased for ease of review, paragraphs numbered and sentences identified by alphabetic super script for ease of reference, and report-specific outline attached. Page 25 of 43 Ukraine (June 1997) Department of State Profile of Asylum Claims and Country Conditions Report PARDS Report-Specific Source and Reliability Assessment especially those living in the more northerly regions of the country, including the capital city of Kiev. b

Better Opportunities Abroad

[51] The existence of large communities of Ukrainian and Jewish origin in Canada, the United States, and other countries, many of which have renewed their family ties with Ukraine since the fall of Communism, provides alternatives to many which appear attractive in comparison with the hardships of life at home.a Individuals in the professions, the arts, and sports, whose status and rewards have greatly declined in Ukraine itself, and whose skills are often transferable across national and international barriers, often find emigration particularly attractive. b

Elimination of Earlier Restrictions

[52] Tight control of emigration in the Soviet period created considerable pent up demand, particularly among such national minorities as Greeks and Jews, based on national and ethnic ties.a The removal of most travel restrictions in the post-Soviet period provides the opportunity to satisfy this demand. b

F. Right to Return to Ukraine

[53] Persons born in Ukraine and living in Ukraine at the time of independence are considered citizens, and Ukraine assures them the right to return.a However this assurance does not include the right of return for all other Ukrainian `nationals,’ and the authorities have denied repatriation to

WARNING: By regulation, D.o.S. Profiles of Asylum Claims Reports are a part of the record, principal lens, but inherently flawed means by which adjudicators come to understand country conditions, standard by which to assess asylum, withholding of removal, and Convention against Torture claim plausibility and merit. This report contains internal inconsistencies, distortions, and omissions intended to undermine petitioner credibility, claim plausibility and merit. Underline all claim-relevant statements. Circle or highlight distortions. Compare and contrast claim content with this report noting themes omitted by D.o.S. Any uncorrected deviation between content of petitioner’s claim and testimony, and this report, provide a basis for claim denial. Internal inconsistencies, distortions, and omissions are correctable through: (1) a PARDS Report-Specific Source and Reliability Assessment, (2) internationally known/ respected country experts, and (3) claim-relevant documentation available from PARDS. Font size was increased for ease of review, paragraphs numbered and sentences identified by alphabetic super script for ease of reference, and report-specific outline attached. Page 26 of 43 Ukraine (June 1997) Department of State Profile of Asylum Claims and Country Conditions Report PARDS Report-Specific Source and Reliability Assessment other Ukrainian nationals whom they consider undesirable.b In an ambiguous situation, the right to return will have to be ascertained on a case by case basis in dealings with Ukrainian consular officials.c This applies particularly to individuals who left Ukraine before Ukrainian Independence in 1991. d

Chronology

Date Event

March 1990 Elections to the Parliament (RADA) lead for first time to representation of nationalists and reformers.

August 1991 Ukraine declares independence from the Soviet Union.

December 1991 Citizens of Ukraine vote for independence and elect Leonid Kranchuk.

June / July 1994 Leonid Kuchma defeats incumbent Leonid Kravchuk and five other candidates in elections adjudged generally free and fair by international observers.

Spring 1994 Parliamentary elections result in a fragmented legislature in which Communists constitute largest single party but a centrist group of parties forms

the largest voting bloc.

The views expressed in this report are those of the U.S. Department of State, and its authors, not PARDS. A copy of this report is provided as a courtesy to our clients: immigration attorneys, current applicants, and those contemplating filing for political asylum in the United States. Readers are encouraged to obtain a copy of the PARDS critique of the Department of State’s Country Reports on Human Rights Practices, International Religious Freedom Report, Profile of Asylum Claims and Country Conditions Report, or Issue Paper series from our web page: http://www.pards.org/profilecrtitique.doc. We welcome your questions, comments and requests.

NOTE: The text of this report was drawn from the Department of State’s original version, font enlarged for ease of review and the paragraphs numbered for ease of reference. Those Department of State reports for which a comprehensive source and statement-by-statement PARDS Critique and Reliability Assessment have been prepared contain an alphabetic superscript at the end of each sentence. To order a report-specific PARDS Critique and Reliability Assessment, email your request to [email protected] or call us at 1(609) 497 – 7663.

Internal File: Ukraine (June 1997) Profile of Asylum Claims and Country Conditions Report PARDS Report-Specific Source and Reliability Assessment

PARDS Report-Specific Source and Report Reliability Assessment

To order a comprehensive Report-Specific Source and Reliability Assessment of the D.o.S. Ukraine Country Report on Human Rights Practices (1970s – Present), International Religious Freedom Report (2000 – Present), latest Profile of Asylum Claims and Country Conditions Report, benefit from the assistance of an internationally known and respected, country-specific expert, or obtain claim-relevant documentation call PARDS 1 (609) 497 - 7663.

I. Introduction

Paragraph 1 a. b.

Paragraph 2 a. b. c. d. e. f. g.

III. The Most Frequent Claims

Paragraph 4 a. b.

Paragraph 5 a. b. c. d. e. f.

Paragraph 6 a. b. c.

A. Claims Based on `Nationality’

Paragraph 8 a. b. c. d.

Russians

Paragraph 9 a. b. c. d. e. f. g. h. i.

WARNING: By regulation, D.o.S. Profiles of Asylum Claims Reports are a part of the record, principal lens, but inherently flawed means by which adjudicators come to understand country conditions, standard by which to assess asylum, withholding of removal, and Convention against Torture claim plausibility and merit. This report contains internal inconsistencies, distortions, and omissions intended to undermine petitioner credibility, claim plausibility and merit. Underline all claim-relevant statements. Circle or highlight distortions. Compare and contrast claim content with this report noting themes omitted by D.o.S. Any uncorrected deviation between content of petitioner’s claim and testimony, and this report, provide a basis for claim denial. Internal inconsistencies, distortions, and omissions are correctable through: (1) a PARDS Report-Specific Source and Reliability Assessment, (2) internationally known/ respected country experts, and (3) claim-relevant documentation available from PARDS. Font size was increased for ease of review, paragraphs numbered and sentences identified by alphabetic super script for ease of reference, and report-specific outline attached. Page 31 of 43 Ukraine (June 1997) Department of State Profile of Asylum Claims and Country Conditions Report PARDS Report-Specific Source and Reliability Assessment j.

Paragraph 10 a. b. c. d. e. f. g. h. i. j.

Paragraph 11 a. b. c. d. e.

Paragraph 13 a. b.

Paragraph 14 a. b.

Paragraph 17 a.

Paragraph 18 a. b.

Paragraph 19 a. b. c. d. e. f. g. h. i. j. k.

Paragraph 20 a. b. c. d. e. f. g. h. i.

Note on Verifying Jewish Nationality

Other Minorities

Paragraph 25 a. b. c. d. e. f. g. h. i. j. k. l.

B. Claims Based on Religion

Evangelical and Other Christian Groups

Paragraph 27 a. b. c. d. e. f. g. h. i. j.

Russian Orthodox, Ukrainian Orthodox and Greek Catholics (Uniates)

Paragraph 31 a. b. c. d. e. f. g. h.

Other Religious Groups

Paragraph 34 a.

C. Claims Based on Political Opinion

Paragraph 38 a. b.

IV. Other Considerations

A. Fear of Criminal Elements

B. Ukrainian Security Services and Police

C. Internal Flight Alternative

Paragraph 47 a. b. c. d. e. f. g. h.

D. Other Factors Influencing Emigration from Ukraine

Paragraph 48 a.

Economic and Social Dislocation

Chernobyl

Paragraph 50 a. b.

Better Opportunities Abroad

Paragraph 51 a. b.

Elimination of Earlier Restrictions

Paragraph 52 a. b.

F. Right to Return to Ukraine

Paragraph 53 a. b. c. d. Chronology Internal File: Ukraine (June 1997) Profile of Asylum Claims and Country Conditions Report PARDS Report-Specific Source and Reliability Assessment

WARNING: By regulation, D.o.S. Profiles of Asylum Claims Reports are a part of the record, principal lens, but inherently flawed means by which adjudicators come to understand country conditions, standard by which to assess asylum, withholding of removal, and Convention against Torture claim plausibility and merit. This report contains internal inconsistencies, distortions, and omissions intended to undermine petitioner credibility, claim plausibility and merit. Underline all claim-relevant statements. Circle or highlight distortions. Compare and contrast claim content with this report noting themes omitted by D.o.S. Any uncorrected deviation between content of petitioner’s claim and testimony, and this report, provide a basis for claim denial. Internal inconsistencies, distortions, and omissions are correctable through: (1) a PARDS Report-Specific Source and Reliability Assessment, (2) internationally known/ respected country experts, and (3) claim-relevant documentation available from PARDS. Font size was increased for ease of review, paragraphs numbered and sentences identified by alphabetic super script for ease of reference, and report-specific outline attached.