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Digest on Idps and Conflict Affected Persons for October

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Digest on Idps and Conflict Affected Persons for October HUMAN RIGHTS SITUATION OF THE INTERNALLY DISPLACED AND CONFLICT AFFECTED POPULATION RIGHT TO PROTECTION DIGEST FOR OCTOBER 2018 primary legal consultations HIGHLIGHTS 2 050 were provided to ● The demand for legal assistance from R2P month in the summer time to 99 in October, with pensions is increasing, constituting 90% as a result. of all secondary legal assistance cases in Under Cabinet of Ministers (C ) October. ● MU 1 659 individuals Resolution 795, persons who did not update ● After the Supreme Court ruled favorably their passport photos within a month of court cases are in progress in R2P’s model case, the courts of lower turning 25 or 45 must now obtain ID cards, 772 instances resumed consideration of pension which is more complicated (mainly, because it cases. The number of court cases has is time consuming). Court cases by type of issue substantially increased, from 20-30 cases per social benefits and/or IDP REGISTRATION AND DOCUMENTATION 82% pensions The number of officially registered IDPs Toretsk in Donetsk Oblast due to hostilities HLP (Housing, Land, continues to increase, with 1,522,743 reported that the DoSP refused to register Property) - except registered as of October 29. Technical them. It turned out that the office uses the 7% military occupation improvements have been made to personal old version of CMU Order 1085, which does documentation services in Luhansk Oblast, not directly mention those settlements. A personal such as online registration for submitting similar issue happened at DoSP in Kupiansk 6% documentation documents (State Migration Service (SMS) of Kharkiv Oblast to an IDP from Zolote-5. website) and issuing of ID cards and DoSP representatives complain that they have passports at Lysychansk Administrative not been instructed properly during the year freedom of movement & Service Centre. The Unified IDP Database regarding the considerable number of changes 2% voluntary return (UIDB) works relatively well, with some short- in the legislation. No seminars or others term interruptions due to poor Internet trainings on these changes were organized for connections. Some Department of Social them by the Ministry of Social Policy. 1% IDP registration Protection (DoSP) staff have complained that Other issues include the passage of CMU information gets lost after UIDB upgrades and Resolution 795, requiring ID cards for people has to be re-entered. For example, DoSP staff who did not update their passport photos 1% family unity in Obolonskyi raion in Kyiv had to re-enter within a month of turning 25 or 45, which is about 20,000 profiles after one upgrade. more complicated. IDPs from Crimea face There is also confusion over the regulations. additional difficulties because SMS offices For example, internally displaced persons demand documents from Crimea, including a job opportunity 1% (IDPs) moving from Pivnichne and Zalizne to special form about obtaining passports there. persons received 2 677 information on protection issues 461 monitoring visits 205 communities visited Advocacy initiatives national advocacy 7 initiatives 13 local advocacy initiatives This publication has been produced with the assistance of the UN Refugee Agency (UNHCR) in the frame of the project Advocacy, Protection and Legal Assistance Stanytsia Luhanska EECP. A line to ATM near to the Internally Displaced Population. mobile Oschadbank office SOCIAL BENEFITS AND PENSIONS 90% of R2P’s secondary legal assistance allocation/reinstatement of benefits, while for bank operations during PI; 3) presence cases involve payment of social benefits and Arkan lists are verified by checking the UIDB of landlord during inspection report and 4) pensions, which is a main concern of IDPs. R2P without home visits. Both DoSPs and IDPs inspection reports from DoSPs, even though now deals with an average of 99 court cases complain that the Arkan lists contain frequent this document is not given to IDPs. IDPs per month, as courts have resumed hearing and repeated mistakes. While many DoPFUs continue to be charged for services during pension cases following the favorable Supreme have stopped suspending pensions based on PI at Oschadbank offices in Donetsk Oblast, Court judgment in the model case. However, the Arkan lists before they receive the results although this happens less with R2P assistance. Departments of Pension Fund of Ukraine of DoSP verification, some DoSPs cancel IDP (DoPFUs) mostly still do not pay pension certificates based on the lists without residence arrears in cases of both regular reinstatement verification. DoSPs also send information and court decisions. requests to the State Border Guard Service ADVOCACY According to CMU Resolution 548, (SBGS) regarding errors, but the SBGS refuses R2P organized or participated in several advocacy IDPs receiving social benefits or pensions to provide information. initiatives in October. must undergo physical identification (PI) Additional requirements for IDPs receiving In order to address IDPs’ access to social and every six months. payments were identified in October. For economic rights, R2P has, together with a coalition There continue to be discrepancies in example, IDPs were asked to provide 1) written of non-governmental organizations, developed legislative alternatives toMU C Resolution №365 procedure across DoSPs and within the Arkan notifications about their temporary absence and presented the developments during a press lists. Most DoSPs conduct home visits for at their place of IDP registration; 2) receipts conference. R2P has also conducted an analysis of gaps in the legal protection of individuals wounded HOUSING AND PROPERTY ISSUES during military conflict and initiated its solving Access to affordable housing, living are becoming available in Zaporizhzhia, by appealing to the Prime Minister. As a result, a government commission regarding protection of conditions, and debts and utility costs remain Novotoshkivske in Luhansk Oblast, Dubliany in wounded individuals has been formed, which R2P common issues for IDPs. The majority of IDPs Lviv Oblast, and in Toretsk of Donetsk Oblast. has been invited to join. moved out of CC ‘Parus’ in Zaporizhzhia Oblast As Ukrainian forces took partial control of R2P conducted a legal analysis of the due to the rent increase, and more intend to hamlet Vilnyi (part of Zolote-4) in Luhansk Constitutional Court’s decision recognizing some do so when they find cheaper accommodation. Oblast, non-government controlled territory Budgetary Code provisions unconstitutional and Debt issues are also acute in the modular town (NGCA) armed forces started occupying houses sent related requests to the Ministry of Finance. R2P is making efforts to ensure freedom of of Zaporizhzhia, where the total debt is over in the other part, causing families to leave their movement and facilitate crossing of the EECPs. 800,000 UAH. Although some selective power homes and property. Some were able to come R2P analyzed draft law #7017 suggesting criminal cut-offs have been implemented, and, with to the GCA; others plan to do so after receiving punishments in case of the state border illegal R2P intervention, some rate reductions were permits to cross the line of contact (LoC). Some crossing. This analysis identified some gaps and considered for families with many children, houses were also damaged during the fighting. risks for IDPs, refugees, and asylum seekers. Despite utility costs are still an issue. In Zhytomyr Various infrastructure issues were also numerous attempts to change the provisions of Oblast, the oblast administration stopped observed in October. For example, the water the regulatory act, the law came into force on 7 November 2018, and R2P will continue to monitor financing utility costs in the collective centre supply was disrupted for several days in Toretsk, its implementation. in July, but since IDPs did not agree to pay Pivdenne, Zalizne, Pivnichne and Luhanske in In order to ensure housing, land and property the costs themselves, debts are growing and Donetsk Oblast. In Nyrkove of Luhansk Oblast, rights for IDPs, R2P continued advocating for there may be future conflicts and eviction. On water supply is poor. Electricity was disrupted the creation and implementation of housing the positive side, new housing opportunities in part of Luhanske. programs for IDPs. As a result, at the beginning of October important amendments were FREEDOM OF MOVEMENT AND CHECKPOINTS made to the CMU Resolution on the Affordable Thousands of people cross the checkpoints Luhanska), power disruptions (Maiorske), Housing state program, which will improve the program’s implementation. each month. Most NGCA residents do so in and insufficient transportation between R2P also participated in submitting the order to resolve issues with documents, avoid the zero checkpoint and EECP (Mariinka). Alternative Report on the Implementation of the payment suspension due to the 60-day limit of Reconstruction projects at Stanytsia Luhanska, Covenant on Economic, Social, and Cultural Rights, being away from the government-controlled Novotroitske, and Hnutove EECPs are still which, among other issues, discusses the issues territory (GCA), withdraw cash, visit relatives, ongoing. of housing provision and compensation problems and shop. Individuals traveling to NGCA mainly In addition, the Security Service of Ukraine for property destroyed and damaged during the visit relatives and check on property. The most (SSU) detained and interrogated some conflict. R2P presented its position to the working
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