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FALLING THROUGH THE CRACKS: Improving ’s Assistance to Conflict-Affected Civilians ORGANIZATIONAL MISSION AND VISION

Center for Civilians in Confict (CIVIC) is an international organization dedicated to promoting the protection of civilians caught in conflict. CIVIC’s mission is to work with armed actors and civilians in conflict to develop and implement solutions to prevent, mitigate, and respond to civilian harm. Our vision is a world where parties to armed conflict recognize the dignity and rights of civilians, prevent civilian harm, protect civilians caught in conflict, and amend harm.

CIVIC was established in 2003 by Marla Ruzicka, a young humanitarian who advocated on behalf of civilians afected by the in and . Building on her legacy, CIVIC now operates in conflict zones throughout the Middle East, Africa, , and South Asia to advance a higher standard of protection for civilians.

At CIVIC, we believe that parties to armed conflict have a responsibility to prevent and address civilian harm. To accomplish this, we assess the causes of civilian harm in particular conflicts, craft practical solutions to address that harm, and advocate the adoption of new policies and practices that lead to the improved wellbeing of civilians caught in conflict. Recognizing the power of collaboration, we engage with civilians, governments, , and international and regional institutions to identify and institutionalize strengthened protections for civilians in conflict.

ACKNOWLEDGEMENTS

Iryna Solomko, a Ukrainian journalist, working with CIVIC’s Ukraine team, including Liza Baran, Country Director; Sergii Doma, Sr. Advisor; and Victoria Vdovychenko, Policy & Advocacy Advisor, authored this report, with significant support from Anton Shevchenko and Adrian Bonenberger. Research was conducted by Anton Shevchenko, Serhiy Karpenko, and Olena Tanasiychuk. The report was reviewed by: Beatrice Godefroy, Europe Director; Shannon Green, Sr. Director, Programs; Tazreen Hussain, Gender Advisor; Piper Hendricks, Senior Communications Manager; Marc Linning, Sr. Protection Advisor; and Lee Sutton, Sr. Advisor for Monitoring & Evaluation.

CIVIC is grateful for assistance from Ukrainian organizations and institutions including NGO Proliska, MineSafe Ukraine, the Ukrainian Red Cross Society, Ukrainian Helsinki Human Rights Group, Truth Hounds, Right to Protection, Center for Psychosocial Adaptation of Victims of the Conflict in Ukraine (), NGO Vostok (East) SOS, Federation of Greek Communities of Ukraine, ACTED, REACH Initiative, Crisis Media Center “Siverskiy ,” NGO Fundatsia Prostir, Civil Society Advisors to the Ministry of Social Policy in the three , Head of the Civil Society Council at Administration, and a Severodonetsk journalist.

RECOGNIZE. PREVENT. PROTECT. AMEND. PROTECT. PREVENT. RECOGNIZE. This publication has been produced with the financial assistance of the . The contents MAY 2019 of this publication are the sole responsibility of CIVIC and can under no circumstances be regarded as COVER Maria Horpynych, a Ukrainian civilian in reflecting the position of the European Union. The report was made possible by a generous grant from Opytne, a approximately two kilometers the European Union’s Instrument for Stability and Peace. from the Donetsk airport, has been living through the conflict for more than five years. She holds a picture of her only son, a medic, who died in 2016 after being struck in the head by shell fragments. “I buried my son in a garden, in a crater from a shell. It was impossible to bury him at the cemetery, T +1 202 558 6958 because the so-called DNR artillery were shooting there so much. Everything was fine before the E [email protected] war, but now I don’t have anything.” Maria’s story civiliansinconfict.org appears throughout this report. Andriy Dubchak

iii GLOSSARY OF TERMS AND ACRONYMS TABLE OF CONTENTS

AFU Organizational Mission and Vision iii

ATO Anti-Terror Operation Glossary of Terms and Acronyms iv CCTPG Civilian Casualty Tracking Provisional Group Executive Summary 3 CIMIC Civil-Military Cooperation Directorate of the Armed Forces of Ukraine Recommendations 5 CIVIC Center for Civilians in Conflict EECP Entry-Exit Checkpoints Methodology 8 FGD Facilitated Group Discussions Background 11

GCA Government-Controlled Areas National Government Institutions: Overlapping Mandates 12 IDP Internally Displaced Persons and Antiquated Methods IHL International Humanitarian Law Findings from the Perspective of Civilians on National Government 21

JFC Joint Force Commander Military-Civil Administration: Ready and Willing, But Not Able 23 JFO Joint Force Operation Findings from the Perspective of Civilians on Local Government 27 JOHQ Joint Operations Headquarters Civil-Military Cooperation: Prospects for Improvement 29 MOD Ministry of Defense Findings From The Perspective of Civilians About The Military and CIMIC 32 MOH Ministry of Health MOI Ministry of Interior Recommendations 33 MRA Ministry for Refugees and Accommodations () Conclusion 34

MSP Ministry of Social Policy Annex A: Questionnaire for JFO Civil-Military Cooperation (CIMIC) Officers 35 MTOT Ministry of the Temporarily Occupied Territories and Internally Displaced Persons Annex B: Questionnaire for Local Officials 36 MVA Ministry of Veterans’ Affairs ( and City Military-Civil Administrations)

NGO Non-Governmental Organization Annex C: Questionnaire for National Government Institutions 37 OCHA Office for the Coordination of Humanitarian Affairs Annex D: Questionnaire for Facilitated Group Discussions/ 38 POC Protection of Civilians Dialogues with Civil Society Actors Working in the JFO Zone SBU Security Service of Ukraine (Sluzhba Bezpeky Ukrayiny)

1 25° 30° 35° 40° RUSSIAN FEDERATION EXECUTIVE SUMMARY

Pinsk UKRAINE Homyel' a n Pr s ipyats' e D Kursk Regular artillery shelling, small arms fire, fields filled with which has taken the lead in coordinating eforts to UKRAINE ' unexploded ordnance, active land mines, illness, lack better focus Ukrainian military personnel on civilian CHERNIHIV Konotop Chornobyl' of food, unsanitary living conditions, insufcient wood protection. To the full extent of its legal authority, CIMIC VOLYN Sumy a ' isl Luts'k and for winter – these are daily challenges facing has proactively sought positive change. Through the W Belgorod S Rivne a n Novohrad- Volyns'kyi civilians living along the contact line in . work of CIMIC (with CIVIC’s support), the Commander 50 Brovary 50 ° ° L’VIV la Przemysl´ u Civilians there have regular exposure to the Ukrainian of the Joint Force Operations (JFO) signed the L'viv Zhytomyr S

a

l KYIV k s C r military, sporadic visits from local and international Order “On establishment of the Provisional Group on A ' D o Bila V R KHMELNYTSKY n Kremenchuts'ke LUHANS’K P Tserkva ip A ro Vdskh. Poltava KHARKIV T non-profits, and few – if any – interactions with local collecting and analyzing data on cases when civilians H TERNOPIL’ Izyum Starobil'sk SLOVAKIA Khmelnytsky Vinnytsya I A IVANO- or national government. The fighting has scarred the were injured or killed,” which established the Civilian N Ivano-Frankivs'k CHERKASY Kamianets- Slovians'k FRANKIVS’K Podil's'kyi ' physical and social landscape of , shattering Casualty Tracking Provisional Group (CCTPG). “With M VINNYTSYA Luhans'k O Dniprodzerzhyns'k Alchevs'k ZAKARPATTYA D Kirovohrad buildings, pitting roads, and upending the lives of over the purpose to track and analyze civilian harm and U nis Krasnyi te Zhovti Dnipropetrovs'k Luch N r KIROVOHRAD HUNGARY CHERNIVTSI R Vody DNIPROPETROVS’K T E Donets'k Shakhty one million Ukrainian citizens. Residents of the area thereby help to better prevent casualties among the P Makiyivka A S Pervomays'k ir . I e Zaporizhzhya DONETS’K have seen their very existence transformed – from civilians” in the JFO zone, members of the CCTPG play t Bati N O Nikopol' Novocherkassk ' S F MYKOLAYIV P mothers, fathers, children, farmers, factory workers, and an important role as protection actors in “support of the iv Rostov- M ODESA d. B na-Donu ROMANIA u Kahovske Iasi O h ZAPORIZHZHYA Mariupol' coal miners – to survivors of war internally displaced [military] commanders of the operational units.” Chisinau Vdskh. L ' P Berdyans'k D Mykolayiv in their own country. While the operational tempo r u

t O National capital Nova

V and intensity of hostilities vary, and recent months While these are steps in the right direction, the fact Capital of Autonomous Republic Odesa

A KHERSON of and oblast' centre RUSSIAN have seen a decline in civilian casualties, systemic remains that Ukraine still lacks a systematic approach City, town

ulf shortcomings by state authorities still hamper eforts to or mechanism to assist civilians harmed in the conflict. Airport a G FEDERATION Karkinists'k Dzhankoy International boundary Galati provide urgently needed assistance to conflict-afected Izmayil AUTONOMOUS uban' Well-meaning foreign and domestic initiatives are ad 45 Braila Reni K 45 ° Autonomous REP. OF CRIMEA S ° t r a civilians. hoc and, by definition, insufcient. Local data collection Danube Delta i and oblast' boundary Yevpatoriya t ' o Feodosiya f Novorossiysk Road K initiatives capture some instances of civilian harm, but er Railroad ' ch

In recent years, have become more vocal this data is rarely investigated, aggregated, or analyzed, b e Danu Constanta in demanding respect of the human rights they are leaving claims unverified and a gap in the government’s 0 50 100 150 200 250 300 km guaranteed by the Ukrainian Constitution. Free understanding of patterns of harm to civilians.

0 50 100 150 200 mi BULGARIA The boundaries and names shown and the designations used on this map do not imply official endorsement or healthcare facilities for injured, a navigable system acceptance by the United Nations. 25° Varna 30° 35° for acquiring and maintaining pensions, assistance Over the course of our research, civilians repeatedly Map No. 3773 Rev. 6 UNITED NATIONS Department of Field Support to repair and rebuild damaged homes, or temporary March 2014 Cartographic Section reported that the process of registering harm with https://www.un.org/Depts/Cartographic/map/profile/ukraine.pdf resettlement for civilians whose homes were destroyed the local government and military-civil administrations are all things that people expect from the government. is bureaucratic, confusing, and lengthy. Local Citizens also feel, whether they publicly say so or not, a administrators are often confused about the process fundamental need for the government to acknowledge themselves and thus unable to accurately guide its responsibility and address the harms caused by the potential claimants. Many state bodies, even those conflict. whose primary or secondary charge is the provision of assistance to civilians, are overwhelmed by numerous A combination of journalism, civilian activism, and and contradictory functions and a persistent lack of advice from local and international NGOs, including resources with which to carry out their mission. CIVIC, has raised state awareness of gaps in fulfilling civilians’ rights and needs. With insight from studies, To date, the has neither recommendations, and routine work with the Ministry clearly delineated the roles nor means of coordination of Defense (MOD) and other institutions, the Ukrainian between the various ministries involved in providing government has begun taking concrete steps to better assistance to conflict-afected civilians. Without a protect and assist civilians in the conflict zone, including strong lead agency, Ukraine lacks a coherent, whole- those wounded within it. Moving military equipment of-government approach. Mapping, analysis, and further away from civilian property, conducting understanding of gaps in the government’s approach regular meetings with local civil society in an attempt is a crucial step to establishing efective state to better address allegations of harm, and other mechanisms to deliver the help harmed civilians need protection actions have helped lay the groundwork for and deserve. cooperation between ofcial institutions and civilians. This report is based on research conducted in eastern One important step toward increased cooperation was Ukraine to analyze structural gaps at the local and the May 2014 creation of the Civil-Military Cooperation national levels of the government, and the military Directorate of the Armed Forces of Ukraine (CIMIC), policies and procedures to help civilians harmed by the fighting in government-controlled areas of Ukraine.

3 RECOMMENDATIONS • Create and disseminate accurate and up-to-date While these are steps in the right To The Government of Ukraine and the Ukrainian maps of landmine fields. Parliament: • Adopt a national strategy and action plan on To The Military-Civil Administrations and direction, the fact remains that protection of civilians to ensure a coordinated and Local Governments: comprehensive whole-of-government response to • Encourage military-civil administrations to work civilians harmed due to the conflict, and appoint a in a more comprehensive and targeted manner strong government body to lead the implementation. Ukraine still lacks a systematic to deliver assistance to conflict-afected civilians. Local authorities are best positioned to understand • Set up a single national database of civilians who needs help and how quickly based on approach or mechanism to assist harmed in the course of the conflict to be run by a predetermined criteria. Local authorities are also the government agency identified by the Government first and often most important level of Ukrainian state of Ukraine. The database should be accessible authority visible to civilians. to all government agencies and joint data should civilians harmed in the conflict. be cross-checked and shared with all responsible • Ensure that military-civil administrations cover all bodies. At the operational level, this database will and settlements with reasonable spans of be a tool for institutions and ministries tasked with control. At present, some are responsible for vast ensuring sustainable solutions to address the needs This report identifies prevailing harm patterns, maps leadership, with those in positions of authority rarely swaths of territory, others are more tightly focused of civilians harmed in conflict. key assistance actors and mechanisms, and pinpoints seeking creative ways to resolve problems when and feasibly-organized, which afects who is gaps that impede the efective delivery of assistance to the existing system fails to serve civilians who have provided with representation and service, and how conflict-afected populations. The report shares civilian sufered from conflict-related damage, illness, or injury. • Amend existing legislation on fundamental aspects quickly. perspectives on civil-military cooperation and initiatives The government has not developed streamlined of civilian life in the conflict zone and introduce a definition for civilians harmed due to the conflict. by the local and national governments and ofers mechanisms by which to assist people, leading to • Facilitate the sharing of best practices between Include such provisions as constitutional rights of recommendations on how to resolve these problems. sporadic aid and a patchwork of regulations. Further, military-civil administrations by providing people living in the conflict area, compensation for diferences in data collection by state ministries and opportunities for sharing by peers from other the violations of their rights, entitlements for conflict- At the national level, the assessment surveyed a agencies and local administration result in sometimes military-civil administrations. A local “experience related harm, medical services, property issues, and number of central governmental institutions involved contradictory information about what is happening in exchange” should be established, streamlining administrative services. in providing assistance to conflict-afected civilians. the area and frustrates eforts to extrapolate meaningful communication and sharing best practices between Representatives received structured questionnaires insights. No agency is fully responsible for collecting local leaders. that included questions about state policies for harmed or maintaining all data on civilian harm and assistance • Simplify bureaucratic procedures for civilian support (e.g., pension applicants and disability entitlements). civilians, and institutions’ roles in assisting civilians needs. In the conflict zone, when people are physically To The Ministry of Defense of Ukraine and General Create reasonable timeframes for screening harmed by armed conflict. (The questionnaire appears injured, their injury is registered at medical facilities Staf of The Armed Forces of Ukraine: in Annex C.) (if they go to a hospital), or by local police, as a crime. applicants and issuing these privileges. • Examine the role and capacity of CIMIC to ensure These two databases are separate; in addition, the that its ability to act matches the expectations of the At the local level, CIVIC reached out to civil society record of injury does not always properly specify the • Analyze and expand the joint database that provides military, government, and the people it is helping. activists for insights into how Ukraine’s systems are cause of harm. In the case of injuries leading to death, pension and payments to internally displaced persons CIMIC does a lot to assist conflict-afected civilians, working. Questions included how civilians are being the data recording poses other problems for civilians (IDPs), created and maintained by the Ministry of and with additional resources and training it could harmed in their area and needs to alleviate the harm, seeking answers from the state. Social Policy (MSP), but unavailable for use and input work even better in its role of interacting with whether and how the government and military provided by agencies at all levels of government. Originally civilians and the community. CIMIC may not need assistance to civilians harmed, and how the process Despite the strong commitment of many Ukrainian developed to meet the needs of IDPs, the database, to provide assistance itself but rather could be a should or could be improved. (An overview of the military staf to help civilians, there is still a need to which is neither fully functional nor accessible, could referral system: collecting information from civilians questions appears in Annex D.) ensure comprehensive and efcient civil-military deliver great benefits to other groups and reduce about their needs and sharing that information with coordination and dialogue to meet civilians’ needs and frustrations within the bureaucracy. The database government agencies, civil society, and international increase their trust in the military and other security should draw upon information gathered by military- CIMIC ofcers and local ofcials (Military-Civil humanitarian organizations. Administrations) were asked about their specific work actors. Military assistance is often provided ad hoc, and civil administrations. and experience in the field providing assistance to depends on the goodwill of a particular commander in • Institutionalize assistance from the military to civilians civilians afected by the fighting. (The questionnaires a particular area or zone. The frequent rotation of CIMIC • Adjust legislation to permit local administrations to in the zone declared by JFO Command as “red” appear in Annexes A and B, respectively). staf and the insufciency of resources for current staf repair private houses and infrastructure that have as well as in the areas where civilians are harmed to provide assistance also has an efect on the military’s been damaged due to the conflict. by hostilities (even if the zone has not received the eforts to build civilians’ confidence. The need for CIVIC’s analysis reveals trends in civilian assistance at ofcial “red” designation) within ten kilometers of greater trust of the Armed Forces of Ukraine is most • Create at the Oblast level standing reserve funds the local and national levels. First, local and national the contact line. Develop a clear decision-making urgent in the JFO, where only the military has regular for the entire area (rayons, towns, villages, and institutions lack efective coordination and provide process with established criteria. If the situation and largely unimpeded access to civilians needing settlements) to respond to civilian harm, accidents, help unsystematically. When that help arrives, it is matches the established criteria, the army should assistance. and incidents. often insufcient. Both levels also lack efective provide assistance.

5 A family who continues to live in Lugansk despite the escalating conflict. It is as though, having created the Mikayla Goetz MTOT, the government washed its hands of the problems of civilians affected by the fighting; not surprisingly, the problems endure. – page 14

• Incorporate obligations for the military and security • Transition CIMIC to an entirely professional unit agencies that are subordinate to the JFO Command stafed with full-time ofcers rather than temporarily- (e.g., Armed Forces, , National Police, assigned ofcers with improvised training, deployed National Guard, State Border Guard Service, only three to six months before returning to their State Emergency Service) to report internally all original units. CIMIC staf deployed to the JFO zone incidents of civilian harm. This reporting will ensure should be members of a permanent, battalion-sized, compliance with the requirements to maintain a full stand-alone CIMIC unit. This unit should send highly database of such cases within the JFO in the Civilian qualified, well-trained ofcers to where they are Casualty Tracking Provisional Group (CCTPG) based needed most. at the CIMIC Joint Center in . • Set up a program for residents of conflict-afected • Ensure that every time civilian property is taken areas remote from civilian healthcare facilities by the military, at the soonest feasible moment, to access military medical facilities and military a contract between the owner and the military is transportation. signed so that the latter will pay for use of that facility. • Allocate resources and adequate personnel to the CCTPG – a component of CIMIC hosted by the • Set up a system for regular interactions between JFO that is dedicated to collecting and analyzing civilians and military personnel. For example, this data on cases when civilians were injured or could take the form of “town hall” style meetings killed and maintaining that data. Such data can be open to the public, in which military representatives, potentially used as a referral system for coordinating military-civil ofcials, and civilians gather to discuss assistance to civilians by international and local and prioritize action items related to protection NGOs and government entities, as well as providing and assistance. Military representatives should be appropriate assistance by the military to civilians trained on how to conduct these meetings. harmed in the conflict.

7 CIVIC used a mixed method approach, combining desk METHODOLOGY study of documents and publications from primary and secondary sources as well as data collection from This report looks at the geographical area most directly As fighting continues along stakeholder interactions. Data from the interactions afected by the ongoing conflict: the former Anti-Terror with national-level government stakeholders as Operation (ATO) and current Joint Force Operation well as information from the desk study were used (JFO). As fighting along the contact line separating the to answer the first question. Field data collection, the contact line, an increasing Ukraine government-controlled area to the west and including the interviews and questionnaire data non-government-controlled area to the east continues, inputs from local military, civilian ofcials, and civil an increasing number of people impacted are sufering society representatives, became the primary tool number of people impacted are from the consequences of displacement throughout for addressing the second question. This approach Ukraine. accounted for the second question’s necessary emphasis on specific regions covered by the military, The area under direct consideration are the two as well as the transition from the ATO (with respective suffering the consequences of Ukrainian administrative where the conflict is redistribution of the security agencies’ authorities and most active: Donetsk and . These oblasts are duties) to the JFO zone. home to a kinetic, armed conflict where the belligerent displacement throughout Ukraine. parties are divided by a continuous 550-km line of Four groups participated in the assessment: conflict stretching from the northern shore of the Sea of Azov to the point where the internationally-recognized • National government ministries executing assistance borders of Ukraine and the Russian Federation meet, mandates; respectively, Ukraine’s and ’s • The local administrations for the contact line- . and local levels. Parallel to serving as the national CIMIC cells deployed along the contact line received adjacent districts of typically 50,000-100,000 authority for civil defense, SESU is represented, along a structured questionnaire (Annex A), which was civilians; The JFO legislative framework has designated seven with other defense and security sector actors, including completed through interview in situ or submitted later administrative districts in – , • The military, represented by CIMIC local cells; and the Ministry of Interior (MOI) State Border Service and in written form in the case of seven CIMIC posts that , Mariupol, Maryinka, , , and the National Guard, in the Joint Force composition at could not easily be reached – Avdiivka, Mariupol, • The local civil society actors engaged in assistance – and four in Luhansk Oblast – , the regional level. Similarly, with the introduction of the Maxymilianivka, , Severodonetsk, Stanytsa activities in Donetsk and Luhansk Oblasts. Popasna, Severodonetsk, and Stanytsa Luhanska JFO, the local health facilities in Donetsk and Luhansk Luhanska, and . The questions from CIVIC – laying entirely within, partially within, or adjacent Oblasts, directed by and accountable to the MOH, have focused on military assistance responses for civilians to the contact line and combat operation zones. State institutions that provide (or may provide) also become eligible for use by the military authorities. harmed in the conflict, the procedures civilians follow The remainder of the two oblasts have the status of assistance to harmed civilians received a structured These institutions are relevant for the assessment in to receive assistance, CIMIC’s role in facilitating “security zones.” Civilian needs and expectations questionnaire (Annex B). CIVIC received two responses terms of the central executive and JFO regional roles. assistance, challenges and limitations the military faces in the contact-line and combat-operation zones are structured in accordance with the questionnaire from in providing assistance, information and coordination the Ministry of the Temporarily Occupied Territories central to assessment, planning, and execution due Four district-level military-civil administrations in processes, and inter-agency cooperation, specifically and Internally Displaced Persons (MTOT) and State to their proximity to sources of danger. Seven staf of Donetsk Oblast – Avdiivka, Maryinka, Toretsk, and the military-civilian nexus, and trends and expectations Emergency Service of Ukraine (SESU), as well as a self- the local administrations, four in Donetsk and three Volnovakha – and three in Luhansk Oblast – Novoaidar, shifting from the ATO to the JFO. structured written response from the Ministry of Social in Luhansk, were interviewed in these areas. Seven Popasna, and Stanytsa Luhanska – were interviewed Policy (MSP). As the Ministry of Health (MOH) did not CIMIC representatives in two oblasts, four in Donetsk using a structured questionnaire (Annex C). It should be noted that CIVIC interacted with CIMIC respond in writing, a semi-structured oral interview was and three in Luhansk, were interviewed as the military teams serving in local cells that were overseen by both interfaces with local civilian populations. held with its representative. The interlocutors, represented by heads of the JFO command and the CIMIC department of the administration (Avdiivka and Popasna), the deputy Armed Forces of Ukraine (AFU) headquarters in Kyiv. The questionnaire and interview addressed At the national level, the assessment reached out to heads (Novoaidar, Stanytsa Luhanska, Toretsk, and Some of the units, as in Mariupol and Severodonetsk, government mandates, policy, and legal underpinnings, a number of central government institutions involved Volnovakha), and a civil defense ofcer (Maryinka), were entrusted with coordinating functions covering as well as existing mechanisms and assistance in assistance activities. These institutions were shared their responses, including thoughts on wider regions or terms of reference than the others. programs for harmed civilians. They also gathered approached with structured questionnaires, to which patterns and trends in harm, assistance, civilian needs, These regional CIMIC centers might be more the government’s perspective on the dynamics of they provided responses. expectations, perceptions and attitudes, local response involved in developing and implementing strategic the introduction of the JFO and its evolution, inter- capabilities, gaps, information and coordination communications or public information types of activity ministerial coordination, and inter-agency cooperation. The assessment posed two research questions: processes. The interlocutors also described local within the CIMIC mandate. The questionnaire and interview also evaluated perspectives on the dynamics of the JFO’s introduction information processes and served to deliver “operator 1. What are the systemic challenges inhibiting the and evolving practices within the JFO, including Further, among local cells, CIMIC elements have been and customer feedback” on assistance practices. efective delivery of assistance expected by civilians? interactions between military and civilian institutions. introduced into the staf structures of combat brigades deployed along the contact line. These ofcers were As the institutional holders of assistance mandates, 2. How can the military better respond to the needs of As the intended first stop for any military-civil not included in the assessment’s data collection due the MTOT, MOH, MSP, and SESU are engaged in data civilians harmed in the conflict? interactions in the JFO area, CIMIC was contacted to the novelty of the practice and ongoing filling of the collection, which drives expectations that assistance for field data collection on the military side. The local allocated positions. However, based on impressions will be delivered with greater coherence at the national

9 drawn from the civil society and military exchanges CIVIC reviewed international sources to identify how to JFO did not cause significant changes.2 Civilians in during the assessment, a shift of priority focus from the Ukrainian assistance issues covered by the assessment BACKGROUND the JFO red zone experience “shelling, cross-fire from detached CIMIC local cells toward the CIMIC structures are framed outside of Ukraine and also selected case artillery and small arms exchanges, explosive hazards as within the combat units might be expected from JFO studies to ofer a comparative perspective. The research for this report took place shortly after booby traps, mines, unexploded ordnance. Casualties leadership. the transition of the ATO to the JFO in two of Ukraine’s are recorded inconsistently by medical facilities and aid For data collection purposes, CIVIC structured civilian eastern oblasts: Donetsk and Lugansk. On April 30, organizations face challenges in accessing victims due As bringing civilian voices to the table in the assistance harm patterns into three main categories: 2018, the JFO ofcially replaced the ATO in eastern to the legal regulations on the personal data protection.”3 and broader civilian protection policy discussions is Ukraine. These changes were defined in the law “On Donbas Reintegration.”1 In the months since, the change central to CIVIC’s mission, the assessment gathered • Physical harm, encompassing efects from kinetic The practical consequences of war demand extraordinary has been met with mixed impressions. field data from local civil society through three events violence on human health, including mental health, legal considerations from the state, nevertheless, Ukraine that combined group discussion with informal dialogue. physical integrity, and loss of family or household has still not embraced the full ramifications of its new Representatives of non-governmental stakeholders, members, relatives, or life partners; Observers wondered whether the JFO was intended reality. Structural reforms thus far afect all ministries and including human rights, humanitarian, and other to replace the ATO, or whether the two legal regimes attempt, with some success, to rely on analysis as a way of • Material harm as a result of loss, destruction, organizations, as well as civil society advisers attached were supposed to coexist, if not permanently then building policy and development. damage, or alienation of tangible private property, or to government agencies, local Red Cross chapters, and for a period of time as the ATO winds down and the loss of subsistence due to the armed conflict; and ethnic minority associations exchanged insights and JFO rolls out. Interactions with the military within the Another nationwide trend in the realm of politics and spring-fall 2018 period indicated that the ATO was still perspectives across practice areas, such as explosive • Infrastructural harm to public property or commons policy is decentralization to increase self-sustainability operational, but that may have been evidence only that hazard contamination and human rights. The dialogue necessary for civilians to maintain their basic of lower-level administrative regions and empower the most people continued to think of the area as the ATO, increased collective knowledge across participating living standards or address special needs, such communities within them. This shift has great potential rather than as this new military-political zone. stakeholders. as water, heating, sanitation systems, and care to allow civilians to hold local government units for the disabled or elderly, as well as essential accountable for services rendered or withheld. The three events took place in Kramatorsk for the administrative services. Meanwhile, formal leadership over Ukraine’s security northern Donetsk Oblast, in Mariupol for the southern operation in the country’s east passed from the Security Delivery of assistance for harmed civilians is supposed to Service of Ukraine (SBU) to the military, specifically the Donetsk Oblast, and in Severodonetsk for Luhansk Harm patterns are frequently intertwined, and the be organized at three diferent levels: national institutions; Joint Force Commander (JFC), supported by the Joint Oblast. The discussions sought to: cumulative impact on the afected person is greater local government; and civil-military cooperation (within Operations Headquarters (JOHQ) under the General Staf than the sum of individual efects. For example, a the Armed Forces). The report starts with the national of the AFU. The JFO difers significantly from the ATO; • Articulate and prioritize civilian assistance needs and single instance of shelling may inflict a person with government and local military-civil government. The latter where the latter focused on internal security, the former expectations in the area; shrapnel wounds and posttraumatic stress disorder, includes elected institutions that were placed under is focused on defense and deterrence. The JFO has obliterate his or her house, contaminate his or her farm military control in 2014 and have remained there since, • Identify trends and patterns of civilian harm, been entrusted with substantial authority within both of field with unexploded ordnance, and destroy the local while the former includes the ministries responsible for challenges, and gaps in the military’s and the districts that see regular fighting. The JFO’s territory water pipe. Given the complexity of conflict-related organizing and coordinating responses. government’s responses; is divided into three zones: “green,” where there are no challenges, Ukraine should undertake urgent reforms limits or restrictions for living in or moving from one’s • Propose and discuss approaches to improve the of its assistance provision system in order to deliver This report considers, on a systemic level, each home; “yellow,” territories close to the battle zone where provision of assistance to conflict-afected civilians streamlined, consistent, and much-needed assistance organization or series of organizations with a hand, only civilians with valid government-issued identification by the government and military; and to civilians afected by the conflict in various ways. whether formal or de facto, in ofering assistance to can live; and “red,” the battle zone itself, where civilians There is much to be done. conflict-afected civilians, starting with the national • Propose and discuss how local civil society can are technically prohibited but in which some still reside. (or strategic level) moving down to local military-civil facilitate access to assistance programs for civilians. administrations (operational level) and then to CIMIC According to facilitated group discussions (FGDs), NGOs (tactical level). that provide humanitarian assistance in the “yellow” and “red” zones mention that the transition from ATO

1 “Strategic leadership of the Armed Forces of Ukraine, other military formations formed in accordance with the laws of Ukraine, the Ministry of Interior, the National Police of Ukraine, the central executive authority, which implements the state policy in the field of civil protection, which are involved in the implementation of measures for ensuring national security and the defense, repression and deterrence of the armed aggression of the Russian Federation in the Donetsk and Luhansk oblasts is carried out by the ...General Staf of the Armed Forces of Ukraine [before SBU]. “The Commander of the Joint Forces exercises his powers through the Joint Operational Headquarters of the Armed Forces of Ukraine. The powers of the Commander of the united forces are determined by the provisions of the Joint Operational Headquarters of the Armed Forces of Ukraine, which is developed by the General Staf of the Armed Forces of Ukraine and approved by the Supreme Commander-in-Chief of the Armed Forces of Ukraine on the submission of the Minister of Defense of Ukraine.” Law About Peculiarities Of State Policy On Ensuring State Sovereignty Of Ukraine On Temporarily Occupied Territories and Internally Displaced Persons In Donetsk And Luhansk Oblasts, Article 9, https://zakon.rada.gov.ua/laws/show/2268-19. (Author translation.) 2 Facilitated Group Discussion (FGD) with Civil Society Actors Severodonetsk, Luhansk Oblast, 28, 2018. 3 FGD with Civil Society Actors Kramatorsk, Donetsk Oblast, July 13, 2018.

11 The creation of a legal status for “persons with disability NATIONAL GOVERNMENT According to UN High Commissioner for due to war” was an important and immediate solution INSTITUTIONS: OVERLAPPING Human Rights’ (OHCHR) Human Rights to a pressing problem. However, it only covers civilians MANDATES AND ANTIQUATED Monitoring Mission in Ukraine, from April who sufered physical harm that led to disability. To METHODS 2014 through September 2018, over 3,000 ensure that all civilians who experience various types civilians were killed and between 7,000 of harm receive assistance from the government, the On the edge of the territory under Ukrainian authority who visited the town in the summer of 2018 found and 9,000 were wounded in the conflict in existing legislation on fundamental aspects of life of 5 lies the village of Opytne. Located between Avdiivka only 42 civilians living there. The settlement is in the eastern Ukraine. civilians in the conflict zone needs to be amended. which, since 2014, has seen some of the conflict’s red zone directly in the line of fire between Ukraine- A definition for “civilians harmed due to the conflict” heaviest fighting, and the Donetsk airport, which was controlled and non-state controlled territories, where should be introduced. Such provisions as constitutional ruined in 2015, Opytne has been almost emptied of there is no local administration, no health protection, no rights of people living in the conflict area, compensation In April 2018, a special governmental decree created civilian habitation. According to the 2001 census, the emergency services, no gas, and no electricity or water for the violations of their rights, entitlements for conflict- a mechanism by which Maria could apply for special population of Opytne was 755 people and as recently supply. The village has been turned into a series of related harm, medical services, property issues, and status as a “person with disability due to war.” In as 2014, it was a picturesque suburb of Donetsk full of military positions, many of which are located in civilians’ administrative services, must be ensured. 2018, the MSP adopted the decree regulating and summer houses. But four years later, a journalist houses. establishing a Committee to evaluate applications This is only one of the many daunting problems 6 and grant status to qualified individuals. The special originating at the national level that civilians face. Topics Committee, created by the Ministry of Veterans’ and concerns discussed in FGDs illustrate this picture Afairs (MVA), has wide representation according to more vividly: the decree: members from the MVA, MSP, MOD, MOI, Maria Horpynych’s Story National Policy, National Guard, State Border Guard • The National Police and SESU’s level of involvement Service, SBU, and General Prosecution Ofce. with the JFO beyond “tasks defined by JFC and Maria Horpynych, a 78-year-old resident of Opytne, relevant to the JFO mandate” is unclear. There have exemplifies life for a typical resident of small villages in Another important part of this process is that been reports that police ofcers failed to assist this region.4 Born into one of the worst in human applications be vetted by a medical expert who civilians during an incident citing “they were not history, she came of age in a moment of prosperity and has evaluated the applicants. Next, a disability allowed to the area by the military;”7 hope in the USSR, the Union of Soviet Socialist Republics, determination board will review the medical expert’s when life expectancy briefly eclipsed even that of the findings and either confirm or deny the applicant’s • Problems with access to the government agencies . She lives alone after her husband died status as a “person with disability due to war” based authorized to issue various ofcial documents, such of complications stemming from pneumonia acquired on whether, in their estimation, the injury occurred in as disability entitlements, passes for the contact line, during the conflict’s opening phase in 2014, when he the JFO (or previously, in the ATO). The Committee and confirmation papers for pensioners. Limited could not safely reach a clinic or hospital. In winter of the also checks whether or not the injury has been access to healthcare facilities due to bureaucratic following year, Maria’s son was seriously wounded by registered by the police within a system they manage. and logistical difculties;8 shell fragments and died from infection after convalescing The procedure outlined in the legislation is still through the winter. Her house has been damaged many comparatively novel. The special Committee began • The Pension Fund was mentioned as especially times by shooting and bears the scars of many shellings. its work recently and meets every two weeks. It has inefective and “inventive” in presenting excuses The windows were destroyed years ago, and Maria’s approved the status of fifty people, according to and pretexts for its inaction or poor performance;9 improvised solution of covering the holes with wax-cloth someone present at the meetings. ofers little protection from the elements. • The MOH’s current reform was discussed as having Civilians awarded this status will access a number of As reaching Maria’s location is very dangerous, the only help she sees on a semi-regular basis are an unintended negative efect on civilians due to the benefits: free medication and healthcare, 100% discount volunteers who visit her periodically and the military, including a sympathetic ofcer who helps her closure of many facilities and a resulting decrease for utilities, free transportation, and loan discounts, and other inhabitants by providing food and wood to heat their houses. Maria works to meet the in access to healthcare.10 The MOH had reasons among others. Such benefits have the potential to rest of her needs by growing vegetables and fruit in her garden and raising chickens for eggs and for closing some clinics in its eforts to reform and significantly help harmed civilians with long-term social meat. Over nearly five years of conflict, she has not received any ofcial assistance from Ukrainian improve Ukraine’s healthcare system, yet there may and financial assistance. At the moment, the system authorities. Like most inhabitants who stayed in villages and settlements in the red or yellow zones be reasons for keeping smaller, inefcient clinics is in its infancy; we can infer from the process that it of conflict since 2014, Maria has been wounded from the fighting. in eastern Ukraine open to provide disabled or only afects civilians injured directly by the conflict and wounded persons continued access to healthcare; whose harms were registered properly by the police. 4 In 2018, Maria’s story of surviving the conflict was featured online. Andriy Dubchak and Marian Kushnir, “Forgotten on the Frontline,” Radio Svodoba, August 13, 2018, https://www.radiosvoboda.org/a/opytne-ruined-war-photo/29428893. This leaves many civilians with conflict-related wounds html?fclid=IwAR0zSBp_nJ3c3nsJjnuQ_PcEyy3kNeu-Qy27w8hu8FPvebljV3ecRW4zDvE. and traumas excluded.

5 UN Deputy High Commissioner for Human Rights, Update on Ukraine under Item 10, September 25, 2018, https://www.ohchr.org/ en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23637&LangID=E. 6 MSP ofcial website: https://zakon.rada.gov.ua/laws/show/z1186-18?lang=ru. 7 FGD with Civil Society Actors Kramatorsk, Donetsk Oblast, July 13, 2018. 8 FGD with Civil Society Actors Severodonetsk, Luhansk Oblast, September 28, 2018. 9 Ibid. 10 Ibid.

13 Starting from practical first aid in emergency situations… through to conceptual legal frameworks

established by Parliament and the A Ukrainian soldier sits in an observation tower next to an AK-74 rifle on the frontlines near Administration of the President, Schastia, Ukraine, on May 6, 2019. PKP machine gun fire and a few explosions were heard every national-level organization during the visit. Daniel Brown

responsibility for “the formulation and implementation of administrative and public services, the MTOT is has room for improvement. of state policy” on civilian rights in eastern Ukraine,17 intended to complement eforts by line ministries, such “participation in the formulation and implementation of as the MOI, Justice, and Social Policy. Additionally, the state policy regarding” protection of people and the MTOT oversees the implementation of a regional • Comprehensive treatment of wounds sustained from • People in the conflict zone sufer from lack of access property,18 “promotion” of indigenous people’s rights, peacebuilding program that was introduced in 2017 for living in or near the conflict zone is not available.11 to basic public services that are taken for granted by such as those residing outside of government control , Kharkiv, Zaporizhia, and Ukrainian-controlled While hospital emergency rooms in most urban Ukrainians throughout the rest of the country;15 and national minorities living in Crimea,19 and mitigation portions of Donetsk and Luhansk Oblasts. The program areas are equipped and prepared to deal with of harm to civilians from explosive objects.20 This incorporates a range of mostly developmental activities trauma from gunshot wounds, few have experience • Civilians along the contact line brought up mines sounds useful in theory, but none of the policies have centered around peacebuilding through local socio- with traumatic brain injuries from explosions and unexploded ordnance as a problem, as well as been enacted, definitions remain lacking, and gaps economic development and has strong intra- and inter- or treating blast injuries, including follow-on insufcient maps of the same. There has been some exist in practical terms throughout MTOT’s areas of communal confidence building components. MTOT psychological services; movement on this front, including a law in December responsibility. It is as though, having created MTOT, the has also developed plans to systematize how the 2018, but that law has not yet been translated into government washed its hands of the problems of government relates to and approaches IDPs. • There is no proper dialogue between state action.16 civilians afected by the fighting; not surprisingly, the authorities.12 Ministries do not hold weekly or even problems endure. Additionally, MTOT manages the resources monthly coordination meetings with each other to These FGD comments illuminate gaps in assistance appropriated for IDP housing in Donetsk and Luhansk share challenges and solutions and work together. at many levels for harmed civilians. Starting from The MTOT designs and implements plans aimed at Oblasts. Although progress has been made in the A spirit of collegiality is lacking, according to practical first aid in emergency situations – whether ensuring that conflict-afected civilians have access acquisition of homes for IDPs in Mariupol and Pokrovsk, respondents; an emergent health issue, fire, or something to legal, psychosocial, medical, and information there is still work to be done. more persistent like malnutrition – and through services. Meanwhile, in facilitating the provision • Most of the government agencies act within their to conceptual legal frameworks established by usual scope of duties and authorities using the parliament and the Administration of the President, most stringent definitions, without regard to the every national-level organization has room for 17 According to the Cabinet of Ministries’ Decree: Some Questions for MTOT of Donetsk and Luhansk Regions: “[T]he temporarily occupied territories of Ukraine and the population living on them; internally displaced persons from temporarily occupied special conditions experienced by people living in or improvement. territories of Ukraine, promotion of their rights and freedoms and creation of conditions for voluntary return of such persons to adjacent to the conflict;13 their abandoned places of residence (reintegration) or integration into a new place of residence in Ukraine; application of the According to Ukrainian legislation from 2016, MTOT is norms of international humanitarian law in the territory of Ukraine; coordination of humanitarian assistance to civilians in armed • The role of the MTOT remains invisible to civil supposed to lead the creation and implementation of conflicts; peace building, rehabilitation, and development of Donetsk and Luhansk regions.” https://zakon.rada.gov.ua/laws/ society actors, who do not know its mandate or its a national IDP policy. However, MTOT has a dauntingly show/376-2016-%D0%BF/sp:max15. (Author translation.) 18 “[P]rotection of state assets; protection of the rights and freedoms of individuals who are violated as a result of the temporary 14 activities; broad mandate. The law establishing MTOT gave it occupation of a part of the territory of Ukraine or the loss of control over its part.” Ibid. (Author translation.) 19 “[T]he realization of the rights and freedoms of Ukrainian citizens residing in the temporarily occupied territories of Ukraine; the 11 FGD with Civil Society Actors Kramatorsk, Donetsk Oblast, July 13, 2018. satisfaction of national-cultural, educational needs, the development of the ethnic identity of indigenous peoples and national 12 FGD with Civil Society Actors Severodonetsk, Luhansk Oblast, September 28, 2018. minorities living in the temporarily occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol.” Ibid. 13 FGD with Civil Society Actors Mariupol, Donetsk Oblast, September 27, 2018. (Author translation.) 14 Ibid. 20 [I]implementation of a set of measures aimed at reducing the social, economic and environmental impact of explosive objects on 15 FGD with Civil Society Actors Severodonetsk, Luhansk Ofundblast, September 28, 2018. the life and activities of the population (ofensive activities); and satisfaction of socio-economic, ecological and cultural needs of 16 FGD with Civil Society Actors Mariupol, Donetsk Oblast, September 27, 2018. the population living in temporarily-occupied territories of Ukraine.” Ibid. (Author translation.)

15 17 A few state agencies provide protection and assistance conflict, including the motorway bridge near Popasna Further complicating matters, the MOH’s reform Case study: Georgia’s way to resolve to harmed civilians: SESU; MOI; MSP; and MOH. In the in Luhansk Oblast. Inaugurated in November 2018, the will result in the closure of some facilities that were afterefects of the conflicts red zone, the first line of contact with the authorities, bridge connects the district with Bakhmut, the fourth serving civilians living in red or yellow zones. This will per their mandate, is SESU. Nevertheless, much of largest city in Donetsk Oblast under Ukrainian control. mean that, regardless of the efciency gained, the the first responder burden is borne by international reform may result in practical impediments to access A specialized ministry dealing with forced organizations, Ukrainian civil society groups, and The MOI governs the National Police and, as such, of healthcare services in a region with many elderly internal displacement was created in humanitarian NGOs, as well as well-meaning individuals has primary responsibility for the protection of civilians and civilians of all ages with diseases acquired Georgia following the conflicts of the in the military. civilians in the JFO. The National Police are tasked from dangerous occupations, including mining or heavy 1990s, and gained visibility after the with documenting cases related to civilian harm industry. The healthcare system within the red or yellow 2008 war with the Russian Federation. SESU is a part of the MOI and has been designated and property damage. In practice, all incidents of zones was destroyed in the fighting, so civilians there Georgia’s Ministry of Internally Displaced the central executive body in charge of civil protection death, injury, or damage caused by artillery shelling cannot access care without traveling. Persons from the Occupied Territories, as well as prevention and response to emergencies, in the government-controlled areas of the JFO are Accommodation and Refugees (or Ministry including rescue and relief services in disasters and considered criminal acts and are supposed to be According to the OHCHR’s Human Rights Monitoring for Refugees and Accommodations post-disaster follow-up. SESU’s services include: documented by the police. The National Police are Mission in Ukraine, Ukraine lacks a mechanism by (MRA)) was tasked with managing the firefighting; humanitarian demining in land, water, also required to investigate allegations of misconduct which civilians can obtain compensation for the use efort to return the country’s IDPs to their public infrastructure, facilities, and residences; and committed by the military where civilians are afected, of their property or for damages resulting from the prior residences. The MRA updated IDP the restoration of residential areas. The agency also but that does not always happen in practice. war. Each violation of property rights or monetary registration databases, and prepared provides assistance to those crossing the contact line compensation would likely require an investigation and executed action plans for the at the entry-exit checkpoints (EECP). SESU formerly ran and legal proceedings. Meanwhile, the recording implementation of the national IDP law. The MSP provides for the formation and implementation IDP camps when such camps were used more heavily of state policy in the areas of social policy and social and certification of cases should be performed The MRA was active in designing in the region. security and coordinates the activities of the local social systematically, and the records should be registered programs for IDP housing solutions and security departments. The MSP is the government’s and retained in a centralized, secure database increasing access to health services, SESU’s role in the national government architecture focal point for the technical procedures in administering accessible to both the claimants and cognizant psychological support and counseling, and public service system is distinct from its institutional humanitarian aid delivery and distribution. In relation authorities. Such a data set should include personal and economic opportunities with equal counterparts. Being coordinated and represented at to civilian victims of armed conflict, the MSP focuses information as well as social, medical, and residential male and female participation. In 2018, the Cabinet level by the MOI, the agency retains a high on the disabled as well as vulnerable groups such as needs. The MSP is responsible for gathering and the MRA was disbanded, ostensibly as degree of institutional autonomy and a broad mandate children in the contact line-adjacent areas, orphans, maintaining this information. Implementation consists part of a structural reform plan and to due to its specific mission. SESU works closely with and family members of perished combatants. of two stages: first, the MSP and its departments have manage the size of government. The both the National Police and the military, sharing with access; second, IDPs get access themselves, along MRA’s various tasks were redistributed to them many cultural and organizational similarities. The MOH is in charge of the state healthcare policies with all state and local institutions and NGOs. other existing ministries. In particular, the and, since February 2018, has embarked on a pilot resettlement component was allocated to Recently, however, the SESU publicly disagreed with project to collect data on civilian victims from explosive The process for gathering information must account the Ministry of Regional Development and the MOD in discussions concerning the national and other weapons. The project was designed with for the custodianship and sharing for broader use Infrastructure, the migration component approach to mines and explosive devices. Along with assistance from UNICEF and disseminated among local of this data between ministries and, where feasible, transferred to the Ministry of the Interior, the MTOT, SESU supports the idea that the system healthcare facilities. Those facilities were supposed humanitarian organizations and assistance providers. and the social component to the Ministry should not be led by the military but rather by civilian to report cases of blast trauma to the regional Currently, various agencies and ministries at diferent of Labor, Health and Social Afairs. agencies. Eventually, the lack of collaboration between administrations’ healthcare departments which, in levels acquire information they find relevant. For the two institutions led to the debate being elevated turn, would transmit the data to the MOH emergency example, the SBU’s practice of logging all individuals Those changes were supposedly to parliament and the committee working on the bill on medicine center and executive department for analysis who cross in or out of government-controlled territory motivated by lack of progress in mine action. In December 2018, parliament adopted a and follow-up. in eastern Ukraine or police that report to both the MOI reintegration eforts and an increased version of the bill requiring the creation of a new and and the MOD/JFO Commander on damage to civilian understanding that return-based separate institution that will craft state policy regarding Additionally, the MOH is responsible for the system property are “passive,” in the sense that the information strategies have been unsuccessful. mines and dealing with unexploded ordnance. of civil protection, articulated in the Military-Medical is rarely shared outside of the agency who collected doctrine that the Ukrainian government adopted in it. As a result, relevant entities do a great deal of SESU, along with other JFO forces possessing similar October 2018 in order to grant members of the military redundant information-gathering and take a parochial capabilities, may be deployed for the construction and and civilians access to a joint medical space and and possessive attitude toward data, despite the fact installation of works per the Operation’s requirements. enable the military to use Ukraine’s healthcare system such data could be useful to other ministries. The other JFO elements carrying out relevant functions to access medical assistance. 21 Under this framework, include both the military corps of engineers and the the MOH should prepare civilian hospitals for military A collaborative attitude toward information-gathering State Special Transportation Service (STS). The STS needs. Unfortunately, there is still no legislation, and information-sharing across agencies and platforms, formerly belonged to the Ministry of Infrastructure, program, or action plan which can provide medical where practical, would make it easier for authorities but was moved as an autonomous body under the assistance to civilians harmed in the conflict zone. No capable of providing assistance to find civilians who MOD. STS activities include clearing hazards at key studies of the efectiveness of meeting the medical need that assistance and for civilians to find the transport nodes for both military and civilian use. Bridge needs of civilians are available either. correct authorities. In short, there should be efective repairs and construction have been the agency’s most conspicuous assistance to civilians harmed due to the 21 Ukrainian government ofcial website: https://www.kmu.gov.ua/ua/npas/pro-zatverdzhennya-voyenno-medichnoyi-doktrini- ukrayini.

19 FINDINGS FROM THE PERSPECTIVE OF CIVILIANS ON NATIONAL GOVERNMENT

• Most legislation available at the national level focuses theoretically, supplement a regular and robust budget on problems facing IDPs. There is no legislation allocated by Ukraine. In practice, however, the MTOT that deals directly with people who decided to stay lacks institutional weight within the government, and in their homes in the JFO territory. Rules and laws the responsibilities it carries and authority it wields governing the JFO focus on definitions of the territory are not, in fact, adequately funded. As such, the and military operations, with almost nothing that hypothetical benefits of extra-governmental revenue mentions civilians and their protection, even from the generation are unclear. perspective of the SESU and MOH. • Diferent state ministries and agencies as well as local • Ad hoc tactical solutions are still the government’s administration each gather diferent data. No agency preferred method of resolving issues and its response is fully responsible for collecting or maintaining to civilian problems is characterized as unsystematic, data on civilian harm and assistance needs. This uncoordinated, and reactive. The demands from is a missed opportunity to extrapolate meaningful various government agencies are not clear, resulting information. in an additional burden on civilians. For example, when the State Border Guard Service misidentifies a Recommendations to the Government of Ukraine person crossing into government-controlled territory and the Ukrainian Parliament: from uncontrolled territories, that person may be • Adopt a national strategy and action plan on incorrectly stripped of their right to collect his/her protection of civilians to ensure a coordinated and pension or IDP allowance. comprehensive whole-of-government response to civilians harmed due to the conflict, and appoint a • Lack of coordinated records on various types strong government body to lead the implementation. of information at a national level, similar to lack of coordination on a local level, has widespread • Set up a single national database of civilians ramifications such as inefciency, redundancy, and harmed in the course of the conflict to be run by a slowed or halted services to civilians afected by government agency identified by the Government fighting. of Ukraine. The database should be accessible to all government agencies, and joint data should be cross- • The mandates of various civilian agencies do not checked and shared with all the responsible bodies. specify who is responsible for assisting conflict- At the operational level, this database will be a tool afected civilians. For example, the MTOT has a for institutions and ministries tasked with ensuring Aleksandr (pictured in the middle) is living in Donetsk. He is surrounded by two men who have volunteered to mandate that covers the parts of Ukraine outside of assist him to leave his current situation. “When I heard this, I didn’t believe it at first! I called and they told me they sustainable solutions to address the needs of civilians would help… I am still in shock.” Mikayla Goetz national control and IDPs. The MSP is responsible harmed in conflict. for disabled and vulnerable demographic groups. avenues for each side to locate the other. For example, Many institutions continue to gather diferent data The MOH is in charge of organizing the medical • Amend existing legislation on fundamental aspects if information about an injured civilian logged by the about IDPs and harmed civilians. Some agencies, like services for harmed civilians. SESU is responsible of civilian life in the conflict zone and introduce a MIA or MOD was automatically flagged for the MOH, the MOI, refuse to share their data, even though doing for civil protection, while the STS is responsible for definition for civilians harmed due to the conflict. MIA and MOD could expect the MOH to provide the so would improve cooperation with other institutions. transportation infrastructure clearance and recovery. Include such provisions as constitutional rights of needed assistance and allow the MIA and MOD to The failure to share data is one of the biggest gaps None of these organizations have been designated people living in the conflict area, compensation for focus instead on their mandate. Similarly, information hamstringing the government’s ability to provide as a “conflict-relief” agency, which frustrates eforts to the violations of their rights, entitlements for conflict- about a civilian experiencing difculty in accessing assistance to harmed civilians. provide assistance. related harm, medical services, property issues, and pension payments should be flagged for the MSP. administrative services. In November 2018, the Deputy Minister of Social Policy, • The MTOT, as an authority dedicated to responding In December 2016, Georgiy Tuka, Deputy Minister Mykola Shambir, announced that a new, improved joint to damage done in and during the conflict, has the • Simplify bureaucratic procedures for civilian support of Temporary Occupied Territories and Internally data project would launch in December 2018. But as of advantage of being able to generate resources on its (e.g., pension applicants and disability entitlements). Displaced Persons, said that the MSP’s data does not May 2019, that promise has yet to materialize. own – from donors – rather than depending wholly Create reasonable timeframes for screening respond to the MTOT’s needs. “We have so many on governmental budgeting. This ability is intended, applicants and issuing these privileges. questions and can’t get answers from this data.”22

22 “Uniform database of internally displaced persons does not meet the needs of the Ministry of the Occupied Territories,” Censor.net, December 1, 2016, https://censor.net.ua/news/417360/edinaya_baza_dannyh_vnutrenne_peremeschennyh_lits_ne_ otvechaet_potrebnostyam_ministerstva_po_voprosam.

21 • Analyze and expand the joint database that MILITARY-CIVIL ADMINISTRATION: • Lack of access to basic services, including access to provides pension and payments to IDPs, created the government agencies authorized to issue ofcial and maintained by the MSP, but unavailable for use READY AND WILLING, BUT NOT ABLE documents such as disability entitlements, passes The search for for the contact line, and papers for pensioners and input by agencies at all levels of government. Originally developed to meet the needs of IDPs, confirming that they reside in the government- the database, which is neither fully functional What happens in a village or town controlled area (GCA) for the period of time 24 nor accessible, could deliver great benefits to formal redress on an administrative level when necessary to comply with the law; other groups and reduce frustrations within the there is damage from fighting? bureaucracy. The database should draw upon • Lack of access to healthcare facilities for both bureaucratic and logistical reasons, lack of access information gathered by military-civil administrations. begins not at a In August 2016, when CIVIC visited to pharmacies, lack of pharmacies that are properly civilians on the front line of the conflict in stocked, problems with transportation to and from • Adjust legislation to permit local administrations to the town of Marinka, the field researcher healthcare facilities and providers, including in those repair private houses and infrastructure that have and his interpreter came under heavy Governmental cases when emergency transport is called;25 been damaged due to the conflict. nighttime bombardment. An apartment nearby was damaged when a shell directly • An overburdened court system that is ill-suited to • Create at the Oblast level standing reserve funds hit the master bedroom. Thankfully, for the entire area (rayons, towns, villages, and adjudicate the legal status of civilians harmed during State Building on the residents were not at home at the 26 fighting; settlements) to respond to civilian harm, accidents, time, but returned to an arduous claims and incidents. procedure, which has not changed substantially since. The procedure • Lack of channels to reach authorities such that Grushevskogo citizens could feel as though their voices are being • Create and disseminate accurate and up-to-date requires making an ofcial police report, maps of landmine fields. then following up with a member of the heard. The existing practice of holding public town’s administration. Uncertain of how civil society councils to solicit input from civilians Civilians hold mixed feelings toward state authorities Street in Kyiv, or when the apartment would be repaired, is inconsistent and perceived as inefective; the and ad hoc tactical solutions and a lack of coordination nor who would be held responsible, councils at the government ministries are not active in delivering assistance to conflict-afected civilians the residents, along with other civilians enough, while regional councils are insufciently 27 is leading to increased frustration. The local but at the who had gathered outside to ofer aid or empowered; administrations ought to moderate the conversation commentary, concluded that, ultimately, between harmed civilians and the national government. the family would have to repair the • Reduced access to care in the JFO due to recent The search for formal redress begins not at a apartment themselves. reforms to the healthcare system that changed ’s office. how clinics and hospitals make money. Before the Governmental State Building on Grushevskogo Street in Kyiv, but at the mayor’s ofce. This is the situation in which Maria and reforms, for example, clinics were allocated funds many other residents along the contact based on their number of beds (capacity) rather line find themselves today: exposed to than the number of patients seen. Furthermore, the elements and at the mercy of fighting, MOH gave clinics and hospitals financial autonomy, grateful for any help they can get, but making each of them responsible for their own reliant primarily on charity and, as a budgetary choices and, in theory, more responsive 28 general rule, almost totally neglected by to local or regional health care needs; the local government. • Death certificates cannot be produced when the cause of death remains unspecified, as is often the case for civilians killed during fighting. This is Local representatives explain that they lack both due primarily to certain burdensome investigatory resources and authority to take responsibility for requirements that accompany casualties in war; conflict-related harm and injury. Challenges facing it is easier to simply write that a person died from civilians, which were raised by the FGDs include: pneumonia than to record that they were struck by shrapnel.29 • Material damage, such as households damaged or destroyed as a result of shelling and cross-fire, looting Local military-civil administrations should play one of abandoned properties, and lack of compensation of the most significant roles in providing assistance for military occupation of civilian properties;23

23 FGD with Civil Society Actors Severodonetsk, Luhansk Oblast, September 28, 2018. 24 Ibid. 25 FGD with Civil Society Actors Mariupol, Donetsk Oblast, September 27, 2018. 26 FGD with Civil Society Actors Kramatorsk, Donetsk Oblast, July 13, 2018. 27 Ibid. A man dealing with the aftermath of lacking adequate healthcare. “I did not know I had diabetes. I cannot walk at 28 FGD with Civil Society Actors Severodonetsk, Luhansk Oblast, September 28, 2018. all now because when they do surgery for this, they cut of my foot. I was a sportsman.” Mikayla Goetz 29 Ibid.

23 to civilians in the conflict zone. The military-civil factors can play a role: if the head of the local district administrations were created as temporary state bodies administration decides to do something for civilians, he/ under the SBU Anti-Terror Center in the ATO framework she may attempt to identify alternative options to help, Military-civils and the Armed Forces JOHQ in the JFO framework in like using SESU resources or appealing to international villages, towns and cities, districts (rayons), and regions organizations.31 administMilitary-civilsration (oblasts) to provide coverage of the areas designated as contested by law, safety and normalization, law The head of Avdiivka’s military-civil administration in the JFO zone and order, and prevent humanitarian disasters therein. reported that he has funds but cannot use ation Most of them are de facto successors of the pre-war government money for the repair of private houses.

Not all villages and settlements on local and regional administrations adapted over the The administration could use the Prozorro system the contact line have their own course of the conflict. During the conflict, 31 military-civil – an online system that solicits and tracks public military-civil administrations (MCA). administrations were established, but they do not cover procurements – but the multi-step process can take up MCAs at the oblast and rayon level whole zones, especially villages and settlements in the to a year before damage is repaired. are responsible for large expanses Starobil's'k red zone. of territory, and are incapable of Bilovods'k providing effective or regular There are no standing reserves of construction assistance to civilians from the According to a law enacted in 2015 and last amended materials available for quick repairs to buildings difficult-to-reach villages and in 2018, military-civil administrations need to fulfill basic damaged in the fighting. The necessity of such reserves settlements that suffer the most. Rubizhne Novoaidarska MCA Severodonetsk region MCA obligations, including: economic, social, and cultural has long been known, and repeatedly noted by several Novodruzhes'k Novoaidar CMA of , Novodruzhevsk, Pryvillya development; setting and managing the budget, taxes, interlocutors. Despite concerns about corruption risks, Lysychans'k

Sivers'k exemptions; maintenance of public utilities; school it seems likely that such reserves could be gathered MCA of Tryokhizbenka, Slovyansk Kryakivka, Lobacheve, Lopaskyne, Orikhove-Donetske and public health management; assistance with burial Tr'okhizbenka and made available. Some local administrations have Hirs'ke Krymske MCA Kryms'ke MCA of Nyzhnya Vilkhovka, Kramatorsk Shchastya Stanytsia Verkhnya Vilkhovka, MCA of Novotoshkivske Shchastya MCA Malynove, Plotyna, for unprotected social groups; civil protection of the established commissions to review civilian harm cases and Zholobok Luhanska Pshenychne MCA of Zolote Stanytsa Luhanska and Katerynivka region MCA population; provision of legal aid; management of and allocate modest sums for recovery payments. Still, Pervomaisk Popasna Kirovs'k Artemivska Popasnyanska evacuations; maintenance of food, water, and medical region MCA region CMA legislative shortcomings preclude these commissions Bakhmut Stakhanov Luhansk and pharmaceutical supplies; and, one of the most from responding efectively to cases where private MCA of Kostyantynivska Troyitske and region MCA Novozvanivka Kostyantynivka MCA Troyitske important needs according to civilians surveyed, Zaitseve Alchevs'k properties are damaged. Pereval's'k Toretsk assistance for the owners of houses and apartments in Toretsk MCA Debal'tseve rebuilding if the structures were damaged in “terroristic Local administrations also have difculty assisting people 30 Horlivka acts” and diversions. who were wounded in shelling and the families of

Yasynuvatcska region MCA Yenakijeve those killed. Under the current law, death due to military

Avdiivka Yasynuvata But even if they have resources, local administrations operations or conflict-related violence is the same as Avdiivka MCA cannot provide timely assistance because no regulation death by pneumonia; there are no specific, credible Shakhtars'k Maryinska Krasnohorivka Roven'ky supports such action. During FGDs, civil society groups region MCA MCA instructions for local administration on what to do when Sverdlovs'k Donetsk noted that administrations do not carry out assessments the conflict is the direct cause of civilian sufering. MCA of Maryinka and village Pobeda Mar'inka llovais'k Savur-Mohyla and that providing assistance cannot start without a lengthy and burdensome process that, in the rest of Another source of frustration are alleged gaps in Vugledar MCA the country, is more efciently designed to increase qualifications of public servants working in the JFO. transparency and help curtail corruption. Since the FGDs demonstrated that some public servants have Novohnativka existing law was never adjusted to the territories, local more experience with the system and can find solutions

Volnovaha MCA Volnovaska administrations operate under the same legislation and to problems as they arise, whereas newcomers tend region MCA Volnovakha legal mandates as the rest of the country. The failure to blame inaction on bureaucracy. Victor Andrusiv, Non-government Contact line 50 km (~31 miles) controlled areas to adopt new legislation for new conditions in these former Deputy Head of the Donetsk region military-civil Tel'manove Telmanivska region MCA territories prevents local military-civil administrations administration confirmed as much when he said that Donetsk oblast MCA Luhansk oblast MCA from providing timely assistance, including by using military personnel who become partial employees for

Volodars'ke public money to repair the private housing destroyed or military-civil administrations do not understand how Volodarska region MCA MCAs at the rayon MCAs at the towns, Kominternove damaged by military hostilities. the bureaucratic system (e.g., social assistance, utility MCA of Kominternovo, level villages, settlements Vodyane, Zayichenko

MCA of , Novoazovs'k supply, and public services) is supposed to work. This Berdyanske Shyrokyne cities and towns cities and towns Most of the government agencies prefer to act within lack of knowledge and experience makes the delivery Manhush Mariupol' Donetsk oblast Luhansk oblast Persotravneva region MCA their usual scope of duties and authorities, without of assistance less efective. sufcient regard for the special conditions related to the conflict. They apply legislative norms and standards, The absence of communication and coordination which do not difer from other . They between local administrations and the JFO is also a are not able to use public funds to restore damage to serious issue. According to FGDs, the largest concerns private houses. It was noted, however, that personal for civilians are health, social benefits such as food and

30 About Military-Civil Administrations, https://zakon.rada.gov.ua/laws/show/141-19. 31 FGD with Civil Society Actors Mariupol, Donetsk Oblast, September 27, 2018.

25 money, and shelter and housing. These topics could be further interrogated and tracked via data collection, FINDINGS FROM THE PERSPECTIVE but the administration does not have a joint system by There is a gap OF CIVILIANS ON LOCAL which to collect, let alone analyze, data. As a result of GOVERNMENT this lack of coordination, action in response to events in which civilians are harmed is sporadic and inadequate. • The process of updating the list of settlements in Recommendations to The Military-Civil Some local administrations and organizations carry out within the the contact line as per the 1085 Cabinet of Ministers’ Administrations and Local Governments: their own data collection and do not share it. Some Decree, is divorced from the JFO legal practice. In • Encourage military-civil administrations to work local authorities collect data reflecting civilian harm with many instances, conflict-afected areas enjoy the in a more comprehensive and targeted manner the intent to empower civilians to claim assistance at framework of same legal system and applications of doctrine as to deliver assistance to conflict-afected civilians. some later date, but the information is not investigated, the rest of the country, regardless of the practical Local authorities are best positioned to understand aggregated, or analyzed, leaving unverified claims and diferences between JFO settlements, where who needs help and how quickly based on a gap in the government’s understanding of patterns of responsibilities warfare is commonplace, and towns outside the predetermined criteria. Local authorities are also the harm to civilians. JFO, which are free from warfare. first and often most important level of Ukrainian state authority visible to civilians. There is no law or system that defines what local • Until the December 2018 adoption of the law on military-civil administrations are supposed to do with currently in mine action, which governs mines and explosive • Ensure that military-civil administrations cover all regard to data collection and storage and how they are hazards, most de-mining activities were ad hoc; it is villages and settlements with reasonable spans supposed to do it. This is a gap within the framework of still unclear how the law will be implemented. of control. At present, some are responsible for responsibilities currently in efect. As a result, civilians effect. As a vast swaths of territory, others are more tightly who need help from the government often fall through • Medical facilities often register civilian casualties focused and feasibly-organized, which afects who the cracks. From a national perspective, data collection without properly specifying the cause of the harm as is provided representation and service and how should be unified, local administrations should be related to hostilities. quickly. empowered to liaise with civilians, and the data result, civilians collected ought to feed into a national database. • Civilians in the red zone report very poor and • Facilitate the sharing of best practices between infrequent communication with local government military-civil administrations by providing Limited provision of assistance did not alter civilian who need representatives. Administrations rarely have good opportunities for sharing by peers from other attitudes toward the military significantly, nor toward the systems for gathering information or communicating military-civil administrations. A local “experience local or national government. Participants in the FGDs in response and visit this zone sporadically. exchange” should be established, streamlining discussed the growing impression that resource free- help from the communication and sharing best practices between riding is increasingly popular among local recipients of • The local military-civil administrations provide help local leaders. humanitarian aid. While an objective evaluation of living unsystematically, and when that help arrives, it is conditions on the contact line does not support this often seen as insufcient. Administrations have Many civilians can see that military-civil administrations assertion, the perception nevertheless exists among government not taken the initiative to develop mechanisms by are not truly independent. When it comes to many civilians. which to assist people, leading to unreliable and providing assistance for harmed civilians, military- inadequate aid. civil administrations implement the policies of state often fall through agencies, with limited resources to help and less • There is a lack of efective leadership at the local authority. For many civilians, these administrations are level, meaning people in positions of authority or the first “no” encountered in a long and frustrating responsibility rarely seek creative ways to resolve process that yields little in the way of tangible results. the cracks. problems when the system fails to reduce stress or The civil-military cooperation level, which the report address pain of civilians who sufer from conflict- considers next, is a key pillar of response to harmed related damage, illness, or injury. civilians.

• Military-civil administrations’ areas of responsibilities may be overextended. Some of them oversee a few Among the most urgent problems facing civilians is healthcare. sparsely-inhabited localities over a large territory and cannot react in a timely way to people’s needs. Healthcare facilities in the JFO are inadequate for medical treatment and for producing respective medical documents to confirm disability entitlement status. Civilians in the region cannot easily be • The assistance that military-civil administrations moved to places where healthcare is more accessible. Failure to confirm the entitlement to various should provide per the law does not match their social allowances, such as in the case of a disability, which requires a doctor’s confirmation, results in financial and institutional capabilities. suspension of the payments. Further, death certificates cannot be produced without specification of the cause of death, which is sometimes not possible for deaths under diferent national jurisdictions • According to FGDs, civil society or international like the deaths of Ukrainian citizens in those parts of Donetsk and Luhansk outside Ukraine’s control. organizations (rather than the state) are predominantly seen as “the first responder to show up nearby the harmed person.”

27 Ukraine in the areas of military units deployment, and CIVIL-MILITARY COOPERATION: increase the possibility to counter the negative impact of PROSPECTS FOR IMPROVEMENT information flow of Russian Federation on the population of Ukraine.”32 CIMIC began work in the ATO in Mariupol There’s a world of distance between the national and on July 31, 2015, in Severodonetsk on December 1, 2015, local levels of government in Ukraine. The conflict and in Kramatorsk on July 9, 2016. exacerbates those diferences and mechanisms that would normally bridge the gap (e.g., media and quick Though CIMIC is ostensibly the lead organization in transport are not feasible due to potential escalation in coordinating initiatives relevant to protection of civilians hostilities). The only group close enough to civilians on (POC), it is the combat brigades who execute MOD a consistent level is the military, and it shouldn’t come as policy. There are rotation-based CIMIC groups in the any surprise that over the last five years they’ve become JFO, and each brigade is supposed to have their own the de facto face of the government. staf CIMIC ofcers. CIMIC groups and centers in the JFO have their areas of responsibility along the contact Practically speaking, the military is the line, covering it in its entirety. only source of state assistance in the JFO zone. Like many civilians, Maria sees the As the first point of contact with civilians, CIMIC is in military both as a source of danger and the strongest position to collect and analyze patterns as the only people, aside from infrequent of harm in order to better learn how to prevent harm volunteers, who can help her. If she feels in the future, or to understand when, how, and where ill, for example, her best hope is that a harm is occurring. On December 29, 2018, Order #851 soldier or military ofcer will take her was signed by General Nayev, Commander of the JFO, to a rear-echelon medical facility but, establishing the CCTPG with the purpose of “collecting without a systematic approach, there is no and analyzing data on cases when civilians were guarantee she will receive treatment. Each injured or killed.” fall and winter, a member of whatever unit happens to be garrisoned nearby has The Order describes the Group’s composition: stopped by to ofer Maria help with food, 1) CIMIC Joint Center Chief in Kramatorsk – Head of wood, and coal. Military ofcers also clear the Group the remnants of destroyed houses and provide opportunities for civilians to see 2) Senior CIMIC ofcer at the JFO HQ on humanitarian military physicians. In FGDs, participants cooperation made clear that this help from the military 3) CIMIC Coordination Group on de-mining activities is not systematic and is overly dependent on human factors. 4) Other ofcers may be involved in accordance with the requests of the Deputy JFO Commander on Strategic Communications. The institution that is nominally responsible for providing support or assistance to civilians in a systematic way is Order #851 is a breakthrough toward building a robust CIMIC Svitlodarsk meets with civilians to discuss civilians’ needs. Oleksiy Mazepa / CIMIC the Civil-Military Cooperation Directorate of the Armed system of assessing and delivering help to civilians. Forces of Ukraine (CIMIC). CIMIC’s ofcial functions are The order details what ought to be done, including threefold: 1) operate as a liaison between the Armed producing for each incident a storyboard (a one- Forces of Ukraine and civilians in areas where there are page document, including key facts, a simple map, a ongoing military operations; 2) provide support to the description of the event, and recommendations for the civilian population; and 3) support the civil environment Commander) as well as weekly and monthly analytical (interacting with local government bodies, other security reports. The database and relevant software have The failure to share data is one of been already created for the CCTPG. There are still a actors, mass media, and private sector). All three functions serve CIMIC’s overall goal of contributing to few important gaps in the system. Commendations and a “significant increase of trust of civilians in the Armed critiques of CIMIC’s efectiveness by Ukrainian NGOs the biggest gaps hamstringing the Forces of Ukraine as an institution of the state, allowing and civilians emerged throughout FGDs and cannot be to reduce the impact of the efects of military operations overlooked. Specifically, participants in the FGDs noted: on civilians in the area of anti-terror operations, help to government’s ability to provide shape positive public opinion of the Armed Forces of 32 General Staf of Armed Forces of Ukraine Order No. 5, January 4 2017, to approve the order of organization of training and stafng of the Armed Forces of Ukraine groups and united centers of civil-military cooperation in the ATO zone on the territory of Donetsk assistance to harmed civilians. and Lugansk regions.

29 • The lack of compensation or any legal mechanism authorities. Local CIMIC cells are made up of individual by which to appeal for compensation for military ofcers deployed there on a rotational basis for occupation of civilian properties33. six months per term. Short-term CIMIC ofcers are sometimes less motivated than full-time peers. Their • CIMIC is vital, but their presence should be at least service is a one-time obligation, at the end of which preserved or expanded. CIMIC groups that earlier they return to their previous, unrelated service operated in some areas providing helpful assistance positions. This “rotational” system has the advantage of for local schools, were later disbanded.34 exposing more ofcers and soldiers to CIMIC’s training and way of thinking, but also risks low motivation and • The military helps transport patients in need of uneven results. The performance of short-term ofcers hospitalization, including the elderly.35 often does not live up to civilians’ expectations.

• CIMIC is a useful unit. They try to help as much as CIMIC also needs more resources to respond possible, but their resources and capabilities are sufciently to civilians’ needs. When approached limited.36 with civilian requests, the CIMIC soldier or ofcer responsible for the local area in question often refers • CIMIC’s performance varies from area to area and requesters to non-profit organizations with the capacity depends on the personal qualities of a specific to provide tangible assistance. CIMIC’s resources are CIMIC ofcer.37 limited; on occasion, they have lacked sufcient funding to fill a car with gas to visit civilians for assessments. • CIMIC, as the key pillar of military response, is a Many of their cars have been purchased by volunteers. useful institution. Its presence helps perceptions and This may undermine CIMIC’s ability to fulfill its primary attitudes among and toward local civilians, but that objective of cooperating with civilians. may vary across units deployed in the area.38 Many of the civilians who approach CIMIC for help CIMIC is an important branch of the military that, among are elderly and female; according to a recent UNHCR numerous other responsibilities, provides assistance report, nearly one million residents in the red and to civilians in the JFO area, where people are most yellow zones in the JFO are pensioners and, many vulnerable. In yellow and red zones, which are close to of those pensioners are women.39 The disabled and – or in some cases on – the frontline, CIMIC is the first physically-impaired also ask for medical assistance, – or only – point of contact. Cooperation with civilians but based on CIVIC’s interviews with CIMIC ofcers is the key function of CIMIC, and one that it has fulfilled and observation, most requests concern unpaid or with varying degrees of efectiveness at diferent times unfulfilled social entitlements, or documenting material and in diferent places. CIMIC is represented in the JFO damage to homes or livelihoods. at two levels: regionally-based teams that rolled over from the ATO organization; and individual CIMIC ofcers The quality of CIMIC support should depend on In June 2018, CIMIC ofcers met with civilians displaced by the conflict in order to learn more about needed attached to field brigades responsible for frontline capacity, training, clear instructions and processes, assistance. Oleksiy Mazepa / CIMIC segments. rather than charismatic individuals, and not vary across units deployed in the area. As part of a deliberate efort to support civilians in the JFO, CIMIC requires – and Local CIMIC cells are not always fully stafed. CIMIC To this end, it is worth considering including MTOT’s has yet to be fulfilled in practice. MTOT’s portal on deserves – strengthening and improvement. A potential ofcers, many of whom acted as interlocutors in this representatives in the CIMIC groups working on the humanitarian aid, developed with the support of solution to gaps in CIMIC’s capacity is to partner with assessment, see their primary role as coordinating front. FGD participants also noted the importance of international donors, could be a great way to record representatives of the MTOT. In November 2016, MTOT and facilitating contacts between military and civilian “introducing delegates from the Administration of the and analyze areas where civilians have the most stated that it would work jointly with CIMIC on the front.40 President and Cabinet of Ministers to the General acute needs and make it available to all stakeholders, 33 FGD with Civil Society Actors Kramatorsk, Donetsk Oblast, July 13, 2018. Staf of the AFU (strategic/state-wide level) and JFO including the military.42 Unfortunately, the portal 34 FGD with Civil Society Actors Severodonetsk, Luhansk Oblast, September 28, 2018. Command (operational/regional level) as high-level includes only the data on projects implemented by 35 FGD with Civil Society Actors Mariupol, Donetsk Oblast, September 27, 2018. civilian representatives to represent civilian interests in international organizations, civil society and MTOT 36 Ibid. the military structure.”41 itself; the last update in the Projects/Events section was 37 Ibid. 38 FGD with Civil Society Actors Kramatorsk, Donetsk Oblast, July 13, 2018. conducted in 2017. 39 Kate Bond, “Pensioners caught up in Ukraine conflict struggle to survive,” UN Refugee Agency, March 23, 2018, https://www.unhcr. Unfortunately, despite an agreement between MTOT org/news/stories/2018/3/5ab367194/pensioners-caught-ukraine-conflict-struggle-survive.html. and CIMIC to cooperate in principle, this approach 40 As set forth on the MTOT ofcial website: “The Ministry of the Temporarily Occupied Territories and Internally Displaced Persons and the Ofce of Civil-Military Cooperation of the Armed Forces of Ukraine (CIMIC) will work jointly in the area of the anti- terrorist operation and the surrounding regions. Such an agreement was reached during the working meeting of the head of the CIMIC Colonel Oleksiy Nozdrachov and First Deputy Minister Yusuf Kurkchi. In particular, it is a question of the inclusion of representatives of the Ministry in the working groups of the CIMIC working in settlements close to the line of demarcation, as well as the integration of CIMIC`s experts to the work of the Ministry.” https://mtot.gov.ua/ministerstvo-ta-upravlinnya-tsyvilno- 41 FGD with Civil Society Actors Kramatorsk, Donetsk Oblast, July 13, 2018. vijskovogo-spivrobitnytstva-zsu-domovylysya-pro-spivpratsyu. (Author translation.) 42 MTOT’s Portal of Economic and Social Recovery: http://portal.mtot.gov.ua/ua/home.

31 FINDINGS FROM THE PERSPECTIVE RECOMMENDATIONS OF CIVILIANS ABOUT THE MILITARY AND CIMIC To the Ministry of Defense of Ukraine and • Set up a system for regular interactions between General Staf of the Armed Forces of Ukraine: civilians and military personnel. For example, this • Civil society and local authorities unanimously • CIMIC’s current stafng model of employing • Examine the role and capacity of CIMIC to ensure could take the form of “town hall” style meetings praised CIMIC ofcers’ activities and their temporary CIMIC stafers on assignment from that its ability to act matches the expectations of the open to the public, in which military representatives, indispensability for many of the issues and situations other branches does not ensure a proper level of military, government, and the people it is helping. military-civil ofcials, and civilians gather to discuss civilians face while living in the conflict zone or motivation, education, and interest among some CIMIC does a lot to assist conflict-afected civilians, and prioritize action items related to protection visiting it. They cited such situations as CIMIC ofcers, which may reduce its credibility and and with additional resources and training it could and assistance. Military representatives should be helping establish links between local civilians and efectiveness as a protection actor. Practices and work even better in its role of interacting with trained on how to conduct these meetings. a brigade’s commander; ensuring international approaches vary across areas and by rotations, civilians and the community. CIMIC may not need humanitarian organizations’ coordination with both depending heavily on personal qualities of the to provide assistance itself but rather could be a • Transition CIMIC to an entirely professional unit the military throughout the conflict zone and with CIMIC ofcers, their training, and motivations. Some referral system: collecting information from civilians stafed with full-time ofcers rather than temporarily- local civilians; and escorting humanitarian agencies CIMIC ofcers seek a second deployment and want about their needs and sharing that information with assigned ofcers with improvised training, deployed to conflict-afected areas with CIMIC vehicles and to become professional, full-time CIMIC ofcers government agencies, civil society, and international only three to six months before returning to their ofcers. while others do not. humanitarian organizations. original units. CIMIC staf deployed to the JFO zone should be members of a permanent, battalion-sized, • CIVIC’s interlocutors stressed the critical role of • Overall, there is a need to expand CIMIC’s presence • Institutionalize assistance from the military to civilians stand-alone CIMIC unit. This unit should send highly CIMIC in ensuring access for emergency services (both numerically – in terms of staf and in supplies in the zone declared by JFO Command as “red” qualified, well-trained ofcers to where they are (like ambulance) to the zones closed or hardly and resources) in the JFO to avoid reducing as well as in the areas where civilians are harmed needed most. accessible to emergency service providers (like assistance for harmed civilians. by hostilities (even if the zone has not received the , Gladosovo, or Pisky). ofcial “red” designation) within ten kilometers of • Set up a program for residents of conflict-afected • Military assistance is ad hoc, and depends on the the contact line. Develop a clear decision-making areas remote from civilian healthcare facilities • The current system of civil-military cooperation and goodwill of a particular commander in a particular process with established criteria. If the situation to access military medical facilities and military dialogue can and must be strengthened, because area or zone. As a result, civilians do not fully trust matches the established criteria, the military should transportation. currently it does not fully meet the needs of civilians in the capability of the armed forces to provide provide assistance. which, in turn, impedes building civilian trust in the assistance. This is most urgent in the JFO, where • Allocate resources and adequate personnel to the military and other security actors. only the military has regular and largely unimpeded • Incorporate obligations for the military and security CCTPG – a component of CIMIC hosted by the access to civilians who need assistance. agencies that are subordinate to the JFO Command JFO that is dedicated to collecting and analyzing • Interlocutors describe CIMIC as an “in-between” (e.g., Armed Forces, Military Police, National Police, data on cases when civilians were injured or coordinator to relay complaints and needs but not a National Guard, State Border Guard Service, and killed and maintaining that data. Such data can be direct assistance provider. Some stakeholders, such State Emergency Service) to report internally all potentially used as a referral system for coordinating as international organizations, think that CIMIC’s incidents of civilian harm. This reporting will ensure assistance to civilians by international and local only mission is to provide access to international compliance with the requirements to maintain a full NGOs and government entities, as well as providing organizations. database of such cases within the JFO in the CCTPG appropriate assistance by the military to civilians based at the CIMIC Joint Center in Kramatorsk. harmed in the conflict.

• Ensure that every time civilian property is taken by the military, at the soonest feasible moment, a contract between the owner and the military is signed so that the latter will pay for the use of that facility.

33 CONCLUSION ANNEX A

In 2013, it was unthinkable to Ukraine that large-scale problems faced by military veterans suggests that Questionnaire for JFO Civil-Military Cooperation 9. If the adversary causes harm to civilians in the Joint violence could sweep through parts of the country. With Ukraine’s leadership is increasingly addressing (CIMIC) Ofcers Force-controlled area, can the Ukrainian forces help security guarantees from Russia, the , problems more common to countries with long histories 1. How long have you been with CIMIC in the conflict them afterwards? What is your role, if any? What and the United States, Ukraine had given up its nuclear of involvement in military operations. area? Any experience with other military formations do diferent units do? What could they do, but are arsenal, cut its military to the bone, sold an aircraft in the region since 2014? What is your task here? unable to at the moment? What does prevent them carrier to , scrapped its shipyards, and was in the Ukraine has made progress in organizing and from providing assistance? process of retiring essential military tools, including resourcing institutions to care for its civilians. The 2. What are the greatest problems from conflict for • What are regulatory restrictions? tanks, aircraft, and artillery. Funding existed for police Ukrainian government has undertaken the unpleasant civilians in your area of responsibility? Are they • What are operational/capability constraints? and intelligence services while the military was task of reorganizing old bureaucratic structures in order the same all over the JFO area? Have they been • Do you experience lack of resources? What viewed, for the most part, as a relic of the . to become more efcient. While it is developing real changed somehow in your observations since resources are lacking/insufcient? The disappearance of a raison d’être for the army was accountability mechanisms within the military and local 2014? If so, in what way? • Other limitations? accompanied by massive corruption, poor governance, administrations, progress is slow and civilians urgently and mismanagement. need assistance. 3. Do you receive civilian requests for help here? 10. Are there any diferences in how the Ukrainian Do they ask for assistance when injured, or their forces can help and actually help civilians now In response to Russia’s illegal annexation of Crimea and Critical shortcomings still exist with regards to appeals family member killed, when their property damaged comparing to the ATO? If so, due to what factors? the subsequent conflict in eastern Ukraine, the military’s for assistance, both formal and informal, as well as or lost, and when they cannot access basic • decision-making and -implementation efciency? and government’s concept of its responsibilities to the government’s ability to provide that assistance infrastructure? What are the most frequent asks? • autonomy? civilians has expanded. The military, with the exception in a timely and meaningful manner. CIMIC, a military • more available resources? 4. What groups of people ask for help most (gender, of highly-trained airborne brigades, some of whom construct designed to liaise with civilians, plays an • better capabilities? age)? What is the diference in requests by men served in Iraq alongside U.S. military forces, had been essential role as one of the only ofcial mechanisms • several or combination of the above? and women, adults and kids? What about elderly, left largely to its own devices after being part of the undertaking deliberate eforts to help conflict-afected • other? disabled persons, IDPs from the occupied territories USSR. After the annexation, the military was forced to civilians. However, it requires capacity building, (if applicable)? Do you have challenges in helping 11. Do you see it somehow afects the civilian attitudes professionalize. While this has been a painful process, additional resources, and manpower to reach its any or some of these specific groups? towards military forces? If so, in what way? the results have been positive and measurable. potential. Likewise, local military-civil authorities are anemic and cash-poor. 5. Is helping civilians with those problems is within 12. What is your relationship with the local The government, for its part, has had to reconceive your mandate? All of them or which ones, if not? administration? Can you order them to help civilians Ukraine’s geopolitical identity, and whether its primary In some ways, Ukraine has been frozen in the past How shall you help them? How can you help them? harmed by conflict? If not, who can? Do they have interests lay to the East or to the West—those interests and is racing against the clock to catch up with the resources and capabilities to help civilians, if helped shape political reforms. While some of the present. For people who are left in bureaucratic limbo, 6. Do you think civilians need more assistance? How not, what do they lack? Can they ask you to help reforms have stalled and others have progressed, government agencies’ mandates to assist conflict- often are you able to entertain the civilian requests civilians? If so, do they do this? decentralization, a hallmark of the recent Poroshenko afected civilians are, to a certain extent, hypothetical. for help? What do you do if you cannot? administration, has begun to change the relationship Gaps in the assistance system aren’t merely 13. What is your relationship with civil society of local authorities to the central government – and bureaucratic oversights; they are urgent and systematic 7. If the Ukrainian forces cause harm to civilians, within organizations? How do you collaborate with them? of local citizens to both. Matters that were previously failures that erode civilians’ trust and confidence in their the area under their control or in a bufer zone, do Do you think you both could do more through the left to police to handle, or to under-stafed and under- government and deprive them of crucial assistance. they have to help them afterwards? What is your collaboration? resourced agencies, or that were so vague that in Civilians are in need of help – and both eager and role, if any? What do diferent units do? What could practice they were left to nobody at all, have become expectant to find support and protection from their they do, but are unable to at the moment? What 14. What is your relationship with the MTOT regional urgent and obvious, and the government is taking clear leaders. Many of those leaders have made eforts to are the restrictions (e.g., regulatory restrictions, ofce? Do you interact directly with any other steps to bridge those gaps. As one excellent example, provide legal and actual assistance to take care of the operational constraints, lack of resources, etc.)? central government ofcials on civilian harm? If the new MVA seeks to provide services to veterans civilians who depend on them for so much. However, yes, with who and how? How the government in a way that has not been present in Ukraine before. much more must be done at all levels to prevent 8. What types of assistance are within the military coordinates with the military here in the field? Whereas veterans of past wars were compensated conflict-afected civilians in Ukraine from falling through mandate? 15. Do you maintain any information on civilian harm through MSP, the introduction of a ministry dedicated to the cracks. • rebuilding/repairing homes? treating the specific social, physical, and psychiatric • infrastructure recovery/repair? from the conflict (civilian casualty log, destruction records, etc.)? If yes, do you share this information • explosive hazard clearance? • several of them? with anyone? What for? What are you or others • other? going to do with this information? If not, who should do it, if it is necessary?

16. Whom we should speak to to learn more about how the Joint Force assists civilians harmed by conflict? Whom we should speak to to ask for more post-harm assistance from the military for civilians in Donbas, and who can make a decision on that?

35 ANNEX B ANNEX C

Questionnaire for local ofcials (District and City 10. How do you work with non-governmental Questionnaire for National Government 9. How does your agency work with civil society on Military-Civil Administrations) organizations to assist harmed civilians? How Institutions assistance to those afected by the conflict? Can 1. For how long have you been working in the area? do you work with international organizations to 1. What is your agency’s role in assisting the civilians you provide a feedback on that? Have you worked in other areas of the conflict assist harmed civilians? Do you have all necessary harmed by armed conflict? Is the role stipulated region? Have you worked in the local administration authorities to work with them in the manner you your usual mandate, or has it been introduced post 10. How does your agency work with international before the conflict and during the ATO? What has consider most productive for the harmed civilians? 2014? organizations on providing assistance to those improved and what has worsened? harmed by conflict? Can you provide a feedback on 11. Which assistance is provided in time, which is not, 2. Is there a Ukraine’s state policy(-ies) on assistance that? 2. How many civilians in your area are being injured why delayed? Which assistance is provided to the to civilians harmed by the conflict? If yes, what or killed in the conflict? How many are having their required extent, which is not, why downsized? How does it cover? Are there international treaties/ 11. How does your agency work with the Joint Force property damaged/lost? How many cannot access would you rank assistance providers in terms of conventions followed by Ukraine in this sphere? on providing assistance to those harmed by basic services, as water, electricity, or heating in the efciency and efectiveness; how does that ranking conflict? Can you provide a feedback on that? winter? What are the trends in these harm types afect population attitudes toward each of them? 3. Does your agency participate in such policy’s (e.g., an increase in civilian casualties vs. decrease formation, and how? Does it participate in the 12. Do you work with law-enforcement bodies and/or in property damages, etc.) and why are they there? 12. Who else civilians in your area expect and request policy’s implementation, and how? other security & defense sector actors on providing assistance from? How does the availability afect assistance to those harmed by conflict? Is this work 3. Do the harmed civilians expect an assistance from their attitudes toward assistance providers? 4. What has changed as regarding JFO vs. ATO for conducted within the JFO framework or otherwise? you? Do they request an assistance from you? Can your assistance work to civilians harmed by the Can you provide a feedback on that? you provide and do you provide the assistance they 13. Are the problems of civilians in your area the conflict, if any? What are your customer populations’ ask for? If not, why? same as those in the neighboring areas? If not, and your expectations? 13. How does your agency work with the local what are the major diferences? Do you exchange administrations in conflict area on providing 4. What groups of people ask for help most (gender, information on civilian harm or cooperate somehow 5. Do you receive a feedback from your customer assistance to those harmed by conflict? Does age)? What is the diference in requests by men with the neighbor administrations? populations as regards to the fulfillment of your this work have any decentralization-related and women, adults and kids? What about elderly, mandate on providing assistance resulting from the repercussions, and, if yes, which? disabled persons, IDPs from the occupied territories 14. What are the key factors making some conflict? If yes, what is the channel? Is the feedback (if applicable)? How do you decide whom to help administrations more successful in providing mostly positive or negative? Does your agency 14. Do you maintain any information on civilian harm first, second, and so on? Whom is easier or more assistance to those harmed by the conflict in have a public council, what is its composition and from the conflict (civilian casualty log, destruction difcult to help? comparison with other ones? role? records, etc.)? If yes, do you share this information with anyone? What are you going to do with 5. Do you have sufcient resources to provide 15. Do you maintain any information on civilian harm 6. Is your agency having a structural reform ongoing? this information? If not, who should do it, if it is assistance? Do you have necessary legal from the conflict (civilian casualty log, destruction If yes, how does this afect your mandate of necessary? authorizations to use them for helping civilians records, etc.)? If yes, do you share this information provision assistance to civilians afected by the harmed by conflict? with anyone? What are you going to do with conflict, if relevant? 15. List three key gaps in the system that prevent this information? If not, who should do it, if it is efective provision of providing assistance to those 6. List three key gaps in the system that prevent necessary? 7. Do you have sufcient resources to provide harmed by conflict. efcient provision of assistance to those harmed by assistance? Do you have necessary legal the conflict. 16. What has changed for civilians in JFO vs. ATO? authorizations to use them for helping civilians 16. Provide three recommendations on what should What has changed for you (if applicable)? What are harmed by conflict? be done to increase the efectiveness in provision 7. Provide three recommendations on what should the civilians’ and your expectations? assistance to those harmed by conflict. be done to increase the efciency of provision of 8. How is coordination of conflict-related assistance assistance to those harmed by the conflict. 17. Is it more convenient for you to work with civilian organized within the government? Is there a lead/ 17. Who is the most knowledgeable about the departments or the military organizing assistance coordinating agency in this sphere? Is there a need civilian harm from conflict, the civilian needs and 8. How can you help those injured or to the families to civilians harmed by conflict? Why? Does it matter for a single body coordinating such assistance? expectations, and who you may recommend us to of the perished (civilian casualties)? How can you for civilians from your area whom to receive the How might the government-wide structure look like talk to about this issue? help those who lost property? How you can help assistance from and how? in order to be more efective than now? those who lost access to basic infrastructure (water, electricity, heating in the winter)? 18. Who is the most knowledgeable about civilian harm from conflict in your area, their needs and 9. How do you work with the military to assist harmed expectations, and who also you may recommend us civilians? How do you work with the national to talk to about this issue? government to assist harmed civilians? Which is more helpful and why?

37 ANNEX D:

Questionnaire for Facilitated Group Discussions/ Dialogues with Civil Society Actors Working in JFO Zone 1. How civilians are being harmed in the area in question?

2. What are their needs to alleviate the harm? What are their expectations from the government and the military?

3. What does the government do for assistance to the civilians harmed in this way? How it should/ can be improved to meet the civilian needs and expectations?

4. What does the military do for assistance to the civilians harmed in this way? How it should/ can be improved to meet the civilian needs and expectations?

5. How does your organization/activism support this type of conflict victims in accessing assistance? How it can be improved to meet the civilian needs and expectations?

A civilian forced to leave her home due to the escalating conflict. “I live in Donetsk in an area that is often shelled and it recently became unbearable. I never thought this could happen in my city, my country. I am very fond of Donetsk, so I hope things will change for the better.” Mikayla Goetz

39 ABOUT THE REPORT

Falling Through the Cracks: Improving Ukraine’s Assistance to Conflict-Afected Civilians is based on research conducted in eastern Ukraine to analyze structural gaps at the local and national levels of the government, and the military procedures to help civilians harmed by the fighting in Ukraine. The report identifies prevailing harm patterns, maps key assistance actors and mechanisms, and pinpoints gaps that impede the efective delivery of assistance to conflict-afected populations. The report shares civilian perspectives on civil-military cooperation and initiatives by the local and national governments.

This report is the result of a third assessment to analyze structural gaps in local and national levels of the government and the military procedures to help civilians harmed by the fighting in Ukraine.

Falling Through the Cracks is part of a project designed to strengthen the capacity of the Ukrainian government to address conflict-related civilian harm resulting from the conflict in eastern Ukraine and enhance the Armed Forces of Ukraine capacity to protect civilians in the conflict area. In 2016, CIVIC undertook research to assess harm inflicted upon the inhabitants of the Donbas region as a result of the conflict in eastern Ukraine, as set forth in the report We are Afraid of Silence. Next, with the cooperation of Ukrainian military and non-governmental organizations and state agencies, CIVIC expanded its assessment to determine the military’s structural and doctrinal ability to protect civilians. The findings, set forth in Ukraine: Protection of Civilians Capabilities Assessment, reviews Ukraine’s ability to address civilian harm within existing structures, policies, and procedures, as well as the ability to make necessary changes to prevent harm, share best practices in protection, and properly investigate and address harm when it does occur.

RECOGNIZE. PREVENT. PROTECT. AMEND.

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