CROSSING THE LINE OF CONTACT MONITORING REPORT June – July 2017 Advocacy, Protection and Legal Assistance to the IDP 2 Contents INTRODUCTION .............................................................................................................................3 1. METHODOLOGY.........................................................................................................4 2. DEMOGRAPHICS OF RESPONDENTS.......................................................................5 3. RESIDENCE, DISPLACEMENT AND RETURNS..........................................................7 4. FREQUENCY, DURATION AND REASONS FOR CROSSING.....................................8 5. CONCERNS WHILE CROSSING THE LINE OF CONTACT........................................11 6. INABILITY TO CROSS...............................................................................................13 OBSERVATIONS ......................................................................................................14 General observations ..........................................................................................14 Incidents....................................................................................................................15 RECOMMENDATIONS ..........................................................................................................16 Annexes .......................................................................................................................18 Annex 1. Brief information on EECP crossings during June-July.........................18 Annex 2. Observations at EECPs .....................................................................19 vpl.com.ua 3 INTRODUCTION This report is based on the results of a survey conducted by the Charitable Foundation «The Right to Protection» (R2P) at the five entry-exit checkpoints (EECPs) to enter the non-government- controlled area (NGCA) and administered on a regular basis since June 2017. The survey is a part of the monitoring of violations of rights of conflict-affected populations within the framework of the project «Advocacy, Protection and Legal Assistance to the Internally Displaced Population of Ukraine» implemented by R2P with the support of the United Nations High Commissioner for Refugees (UNHCR). The purpose of the survey is to explore reasons and concerns of those travelling from the NGCA to the government-controlled area (GCA), as well as conditions and risks associated with crossing the line of contact through EECPs. The information collected in the survey helps identify needs, gaps and trends, and provides an evidentiary basis for advocacy efforts. Tens of thousands of people cross the five operating EECPs every day. In summer 2017 the total number of people crossing EECPs daily ranged from 30,000 to 40,0001. Since the creation of official corridors for crossing the line of contact, their operation has raised a great number of complaints. The imbalance between the number of such corridors / number of the EECP staff and the number of people wishing to cross the line of contact is obvious. This leads to numerous negative phenomena and significantly limits civilian freedom of movement. Information about long lines, unsatisfactory equipment of the EECPs, corruption and incidents appear regularly in the media and on social networks, inducing human rights advocates to conduct thorough monitoring of observance of the rights of the people crossing the line of contact through the operating EECPs. By observing the crossing processes and studying opinions of persons crossing the line of contact, R2P contributes to monitoring the protection environment and respect for civilians’ rights in the crossing process. Novotroitske EECP 1 The State Border Guard Service statistics Advocacy, Protection and Legal Assistance to the IDP 4 1. METHODOLOGY This report is based on a survey of persons crossing the line of contact at the five operating EECPs located in Donetsk (EECPs Maiorske, Marinka, Hnutove and Novotroitske) and Luhansk (Stanytsia Luhanska) Oblasts. The information collected during the survey is supplemented with observations conducted at each EECP. The survey of persons crossing the line of contact was carried out from 6 June to 31 July 2017. The data was collected during regular visits to each of the five specified EECPs on a weekly basis during June and July (35 and 42 visits respectively). The data collection methodology was the same at all EECPs. R2P monitors surveyed civilians queuing at the EECPs. The survey was conducted anonymously and on a voluntary basis. All the persons interviewed for the survey were informed about its purpose. The survey was conducted in the form of personal interviews with people aged 18 and above. The monitors approached every fourth person in line with a request to complete the survey. If a person refused to participate in the survey, monitors proceeded to survey the next fourth person in line. The monitors reached people waiting to cross the EECPs in the lines for pedestrians and for vehicles2. However, there was no strictly set/demanded proportion for interviews in both lines. People travelling both to and from the GCA took part in the survey. It is noteworthy that there was no established proportion of interviewees depending on the direction of crossing due to the fact that R2P monitors had limited access to the lines of people waiting to cross from the NGCA at some EECPs3. Stanytsia Luhanska EECP Along with the survey, the R2P monitors observed the EECP infrastructure, waiting conditions and other details related to the crossing process. Nevertheless, at all EECPs the monitors had no access to check the situation and waiting conditions further than the last Ukrainian checkpoint (the so- called «zero» checkpoint). At three EECPs (Hnutove, Marinka and Novotroitske), the monitors could observe only lines and areas close to the EECP operational zone from the GCA side. The monitors also noted incidents that took place at the EECPs. So, such information is also included in the report. To get a better understanding of trends and tendencies regarding crossing the line of contact, information from the state services (data from State Border Guard Service of Ukraine) and the external public reports (produced by respective NGOs) was used. 2 Considering that currently, Stanytsia Luhanska EECP is open only for pedestrian crossing, all the respondents interviewed during the survey were from the pedestrian line. There were some restrictions in access to the vehicle line at Maiorske EECP. Consequently, most respondents interviewed at this particular EECP were from the pedestrian line. At the rest of the EECPs (Hnutove, Marinka and Novotroitske) people from both types of lines were interviewed. 3 R2P monitors had access to individuals waiting in the lines from the NGCA side crossing into the GCA at Maiorske and Stanytsia Luhanska EECPs only. vpl.com.ua 5 2. DEMOGRAPHICS OF RESPONDENTS During the reporting period, R2P monitors surveyed a total of 4,290 persons crossing the line of contact. 38 per cent of the respondents were male and 62 per cent were female. The majority of the respondents were over 25 years old; age disaggregation is similar at all five checkpoints. AGE DISAGGREGATION 6,3% ‒ 18-25 22,5% ‒ 65 + ‒ 25-40 43,8% ‒ 40-65 27,5% More than 500 people were interviewed at each of the five EECPs over the reporting period with the following breakdown by location: NUMBER OF RESPONDENTS 785 522 ‒ Hnutove ‒ Stanytsia Luhanska 1065 801 ‒ Maiorske ‒ Novotroitske 1117 ‒ Marinka The majority of interviewed persons were travelling to the NGCA4. DIRECTION OF CROSSING to NGCA to GCA Hnutove 36,6% 63,4% Maiorske 97,4% 2,6% Marinka 96,5% 3,5% Novotroitske 47,5% 52,5% Stanytsia Luhanska 45,6% 54,4% 4 Such proportion of the respondents travelling in different directions is caused by the fact that the surveyors had limited access to people waiting to travel from the NGCA (near Ukrainian zero checkpoint or inside EECP operational zone). Advocacy, Protection and Legal Assistance to the IDP 6 11 per cent of the respondents who crossed the line of contact were travelling with children. Less than 5 per cent were persons with specific needs. To improve crossing conditions for such persons, a new version of the Temporary Order was amended and states that people who accompany children under 3 years old, elderly persons, women with visible signs of pregnancy and persons with specific needs can bypass the checkpoint line and cross ahead of others. According to the previous informal rules, only people with babies up to one year old were allowed to use the expedited line. Only 10 per cent of respondents stated that they belonged to a category entitled to a simplified crossing procedure with the following breakdown by category: RESPONDENTS ENTITLED TO EXPEDITED CROSSING 44,5% 2,8% other specific needs 47,3% children under 3 54,9% 1,9% pregnant elderly 5 According to Order no. 590 of 28 November 2016. https://ssu.gov.ua/ua/pages/32 vpl.com.ua 7 3. RESIDENCE, DISPLACEMENT AND RETURNS The predominant majority of respondents (91,3 per cent) indicated the NGCA as their place of residence prior to the conflict. It is noteworthy that 79,6 per cent of them stated that they were permanently residing in the NGCA at the time of the survey. DISPLACEMENT 7,9% Moved several times but did not return 45,8% 46,2% Moved once and still residing Moved but then returned at initial displacement location 27 per cent of all the respondents stated that they had changed their place of