Mechanisms to strengthen access to justice for vulnerable foreigners discussed in Volyn

On August 29, 2017, a roundtable meeting was held in Lutsk on establishing cooperation between state, law enforcement, judicial and other institutions and non-governmental organizations to ensure access to justice for asylum seekers, migrants and other vulnerable groups of foreign citizens in Ukraine.

The event was organized by the Chernihiv Public Committee for the Protection of Human Rights within the framework of the project “Enhancing Access to Justice for Asylum Seekers, Migrants and Other Vulnerable Groups of Foreign Citizens in Ukraine”, which is implemented with the support of the United States Agency for International Development (USAID) under the New Justice Program.

Representatives of the Volyn District Administrative Court, the Lutsk Border Guard Unit, the Department of the State Migration Service in the Volyn region, the Volyn Point for Temporary Stay of Foreigners, the Prosecutor’s Office of the Volyn region, the Volyn regional and Lutsk local centers for providing free secondary legal aid, the Children’s Service under the Volyn Regional State Administration, representatives of other relevant authorities, the legal and human rights community were invited to participate in the round table.

At the beginning of the round table, the participants expressed their vision of priority areas of reforming national legislation in the field of migration and asylum, as well as practical aspects of providing legal aid and access to judicial services for asylum seekers and irregular migrants in Volyn, where one of the two Ukrainian Points for Temporary Stay of Foreigners operates.

According to human rights activists, urgent response of the Ukrainian state authorities is required by the following problems related to the protection of fundamental human rights.

According to

Tukhan Ediyev

, head of programs of the Chernihiv Public Committee for the Protection of Human Rights, this is a problem of extreme poverty and social insecurity of persons who have applied for protection in Ukraine. Asylum seekers in Ukraine, by virtue of the current legislation, are actually deprived not only of any forms of social assistance, but also of the opportunity to provide for themselves and their families with their own work on legal grounds during the consideration of their applications for protection.

Iryna Petsko

, a lawyer at the Right to Protection charity foundation, informed the meeting participants that, as before, asylum seekers often complain about the actions of government officials during detention, are not provided with translation into their native or understandable language, foreigners do not receive access to legal aid, and as a rule, individuals learn about their rights while already in the Temporary Residence Points for Foreigners and Stateless Persons. It was also noted that during the judicial review of cases of forced expulsion, the courts often do not investigate at all or do not take into account the statements of asylum seekers about the impossibility of returning to their homeland due to well-founded fears of becoming a victim of persecution and discrimination.

All participants in the meeting agreed that the migration legislation of Ukraine has recently undergone significant positive changes, but still requires harmonization and coordination of procedures. While there are legally established alternatives to migration detention (bail or bail by a legal entity), there are still no legally established procedures for their application.

The legislative possibility of placing foreigners and stateless persons in Temporary Residence Points for Foreigners and Stateless Persons Illegally Staying in Ukraine (PTPI) until the application for protection in Ukraine is considered complete has also drawn criticism from civil society organizations, as according to the Law of Ukraine “On Refugees and Persons in Need of Additional or Temporary Protection”, persons who have applied for protection are considered to be legally staying in Ukraine.

The event also paid special attention to the procedure for submitting applications for refugee status or additional protection in Ukraine, in particular applications from minor asylum seekers, as well as problematic aspects of identifying foreign citizens and stateless persons. As a result of fruitful work and discussions, all participants of the round table expressed their readiness for dialogue and establishment of cooperation on the protection of the rights of refugees and asylum seekers in the Volyn region.

Contacts:



Tukhan Ediev, Chernihiv Public Committee for the Protection of Human Rights, work phone/fax: (0462) 675-281; ​​e-mail: protection.ua@gmail.com.

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For information: The American people, through the United States Agency for International Development (USAID), have been providing economic and humanitarian assistance around the world for 55 years. Since 1992, USAID’s contribution to the economic and social development of Ukraine has amounted to about 2 billion US dollars. In Ukraine, USAID assistance is provided in the following areas: economic development, democracy and governance, health care, and the social sector. Additional information about USAID programs can be obtained from the USAID Public Affairs and Information Office by phone at +38 (044) 521-5741, on the website, or on the social network Facebook .

The United States Agency for International Development (USAID) New Justice Program has been implemented since October 2016 and builds on the achievements of previous USAID projects Ukraine: Rule of Law and Fair Justice. The program’s goal is to support the judiciary, the Government, the Parliament, the legal community, law schools, civil society, the media, and citizens in creating conditions for the functioning of an independent, accountable, transparent, and effective justice system that ensures the rule of law, and in the fight against corruption.

For more information about the program, please call +38 (044) 581-3303.