Run, refugee, run!

June 20 is International Refugee Day. While Ukraine has an acute problem with internally displaced persons, the state has still not managed to establish proper work with refugees from other countries.

In these difficult times of instability and radical changes in our state, some issues and problems remain unchanged. First of all, this concerns the responsibilities that Ukraine has assumed in the field of protecting the rights of refugees and asylum seekers.

The most pressing problem today remains the detention of persons who illegally crossed the state border with Ukraine with the desire to obtain asylum on the territory of our state. These people flee their own countries not even in search of a better fate, but in order to protect their own lives from unlawful and unjustified persecution by the local authorities, to find refuge from wars, aggression, ethnic cleansing, genocide, etc.

According to Article 1 of the Law of Ukraine “On Refugees and Persons in Need of Additional or Temporary Protection”, a refugee is a person who is not a citizen of Ukraine and, due to well-founded fears of becoming a victim of persecution on grounds of race, religion, nationality, citizenship (nationality), membership in a certain social group or political beliefs, is outside the country of his or her citizenship and cannot enjoy the protection of that country… or, not having citizenship (nationality) and being outside the country of his or her previous permanent residence, is unable or unwilling to return to it due to the aforementioned fears.

And while the Ukrainian authorities continue to assure representatives of international missions that they are taking all possible measures to resolve the issue of granting refugee status, primarily to asylum seekers from Syria, Syrian citizens who fled the civil war in their own country are still being sent to temporary residence points for foreigners (TSFs) for the purpose of further deportation, which is unacceptable, given the norms of international and domestic legislation of Ukraine.

Moreover, the same Syrian refugees and other foreigners continue to complain about the inability to exercise their legal rights during detention, such as: receiving assistance from an interpreter, a legal representative, and most importantly, applying for refugee status and protection in Ukraine. Let us recall that such an application automatically, in accordance with the procedure established by law, exempts a person from liability for illegal border crossing.

On the other hand, in 2014, as in the past, the state budget did not allocate funds for the expulsion of foreigners, so placing migrants in appropriate points, where they have to wait a year for their deportation, is from the very beginning worthless and absurd.

Regarding the above-mentioned points of temporary residence of foreigners, a special situation has developed in Ukraine, which, in principle, should not be surprising, since it concerns large sums of foreign funds allocated “for improvement”. As always, the state promises and takes a lot, but does little: human rights activists constantly monitor reports of the State Migration Service (SMS) on the status of work on the construction of a new point of temporary residence of foreigners (PTFI) in Mykolaiv region with EU funds, while the existing PTFIs in Volyn and Chernihiv regions stand half-empty. A few “chosen ones” are sent to these points, who have happened to be on the lists “for the sake of ticking off” the border guards.

And just as formally, for the sake of ticking, these foreigners will be expelled “at their own will”, at their own expense, independently contacting their consular institutions with a request to issue a temporary transit document for returning to their countries of origin. Cheap, simple, convenient… But in no way does it meet international standards.

So what’s new happening to those lucky ones who still managed to obtain legal status in Ukraine upon arrival? And the following is happening: since the establishment of the State Migration Service in 2010, not a single (!) person has ever received a refugee certificate and a corresponding travel document, which would give a person the right to leave the territory of Ukraine without hindrance, travel, study, etc.

Although regulatory legal acts regarding the appearance of the specified document have long been adopted, the right or obligation (depending on how advantageously our authorities interpret the current legislation) to use 2002 copies in their work is also indicated – until the “final settlement” of the issue regarding the appearance of the new certificate. It is not surprising if the tender for the production of documents will also last for years.

The legislation stipulates that persons recognized as refugees or those in need of additional protection enjoy the same rights and freedoms, and also have the same obligations, as citizens of Ukraine, except for cases established by the Constitution and laws of Ukraine.

But even having received refugee status or additional protection in Ukraine, and all the rights and freedoms inherent in this status (except for electoral ones), a person remains in a very difficult situation. Not only that, such persons are required to undergo annual re-registration with the State Social Insurance Institution, which involves collecting numerous papers, waiting in lines, paying for “state services” and other “charms” inherent in the domestic bureaucratic system. Refugees in Ukraine, until they have undergone social adaptation, learned the language, received an education, and found a job, have virtually no reason to exist.

Since, in accordance with the Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Providing Refugees with Monetary Assistance and Pensions” No. 106 of 06.07.1998 (as amended by Resolution of the Cabinet of Ministers of Ukraine No. 896 of 13.07.2004), monetary assistance to refugees consists of a one-time assistance for the purchase of basic necessities and a one-time assistance to reimburse the cost of moving to a regional temporary refugee accommodation point or to another place chosen by the refugee for residence. At the same time, the amount of one-time monetary assistance for the purchase of basic necessities is… 1 (one!) non-taxable minimum income of citizens for each person who has reached the age of 16 and 60 percent of one non-taxable minimum income of citizens for each child under the age of 16.

It is difficult to imagine how many “essential goods” a refugee can buy for himself for 17 UAH or for a child for 10 UAH 20 kopecks!

Under such conditions, even after leaving the PTPI, a refugee in Ukraine, in conditions where he literally has to fight for his existence, constantly wary of checks by law enforcement officers, finds himself in a situation of a kind of “big PTPI”, in which only the boundaries of the “fence” are slightly expanded.

From the above, it is obvious that Ukraine is making very meager steps towards adapting domestic realities to international norms and requirements. This is not surprising, because the legislation in the field of migration is changing more often than it is being implemented, the distribution of seats in the State Migration Service (as in most central bodies) continues, and no funds are being allocated to the budget due to the permanent crisis. Thus, it is too early to talk about any improvements in this area, so it can be noted that today Ukraine has learned to competently earn on the problems of refugees rather than solve them.

At the same time, internal refugees also deserve special attention. Yes, already today, when the number of internal refugees according to the UN has reached 35 thousand, it is obvious that Ukraine was not ready for such an emergency. Temporary boarding houses and accommodation are often not suitable for permanent residence of families, especially with young children, who need much more comfortable conditions. Moreover, it is obvious that the issue of returning the occupied lands is not currently being raised by the Ukrainian authorities. Similarly, the issue of employment of the mentioned segments of the population should be resolved as soon as possible, along with the provision of social assistance to internal refugees and refugees, at a level and in an amount sufficient for normal existence.

We emphasize that it is the state, and not international missions, volunteers and caring people, that should take care of its citizens, using all necessary and high-quality forms of protection and support.

Nadiya Edieva, Chernihiv Public Committee for the Protection of Human Rights

Reference:

For many years, different countries and regions have held their own days of remembrance dedicated to refugees. One of the most famous is African Refugee Day, which is celebrated in several countries on June 20. Expressing solidarity with Africa, where the majority of refugees reside, the UN General Assembly unanimously adopted special resolution 55/76 on 4 December 2000, in which it decided that, starting in 2001, World Refugee Day would be celebrated simultaneously with African Refugee Day on 20 June. There are currently about 10 million refugees in the world, making them one of the most vulnerable groups of people.