Access to justice for asylum seekers and refugees during the COVID-19 pandemic in the spotlight of the public and experts

On November 18, 2021, a roundtable discussion was held in Lutsk on the topic “The Status of Compliance with the Rights of Asylum Seekers, Refugees and Stateless Persons”.

Representatives of the migration and border services, regional and local centers for the provision of free secondary legal aid (BVLA) in the Volyn region, the Volyn Temporary Residence Point for Foreigners and Stateless Persons (PTPI), representatives of local courts, representatives of other relevant authorities, social protection institutions and the human rights community of the region were invited to participate in the event.

The head of programs of the Chernihiv Public Committee for the Protection of Human Rights

Nadiya Ediyeva

highlighted the objectives of the project implemented by the organization in the regions of Ukraine where migrant accommodation centers are located, spoke about the organization’s experience in the field of protecting the rights of refugees, migrants and asylum seekers, and highlighted current changes and novelties in migration legislation. Separately, the human rights activist focused on the procedure for recognizing a stateless person on the basis of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”.

Human rights activists working in the field of migration and asylum approve of the changes to the legislation and note that, in general, Ukraine has come closer to international standards, but certain shortcomings and unconsidered aspects remain, in particular regarding the access of asylum seekers and stateless persons to official employment and medical care. Those present also agreed that the Certificate of Application for Protection in Ukraine currently limits the rights and opportunities of foreigners and persons who do not hold the citizenship of any country.

Representative of the State Migration Service of Ukraine in Volyn Oblast

Ivanna Klochko

highlighted the urgent challenges that migration authorities face in their work. As the expert noted, there is a problem with identification applicants-foreigners, who often provide false information about themselves. Another problem is the delay in the process of identifying foreign citizens by embassies and consulates of their countries of origin, which is an obstacle to the rapid and effective performance of functions by the migration service. The most painful issue remains the involvement of translators and the lack of legal liability of translators for false translations, which sometimes complicates the work of state bodies and nullifies decisions made.

Nadiya Ediyeva

also told the participants of the event about the urgent problem of foreigners’ access to medical care. As a result of the initiated medical reform, the right to medical care on an equal basis with citizens of Ukraine, according to Article 11 of the Law of Ukraine “Fundamentals of the Legislation of Ukraine on Health Care”, remained only for foreigners and stateless persons permanently residing in Ukraine, as well as for persons recognized as refugees or persons in need of additional protection. Thus other categories of foreigners are actually deprived of the right to receive free medical care, which directly contradicts the Constitution of Ukraine.

In turn, the representative of the Volyn Temporary Residence Point for Foreigners and Stateless Persons (PTPI)

Vitaliy Rudyuk

shared with those present the positive experience of preventing the spread of COVID-19 in the PTPI, in particular through vaccination of foreigners who expressed a desire to be vaccinated.

The representative of the Lutsk local center of the BVPD

Svitlana Prus

emphasized that sometimes the center’s lawyers are involved in the trial in the interests of foreigners at the last moment, not having the time and opportunity to familiarize themselves with the case materials, which affects the quality of legal assistance.

Dmytro Didytskyi

, a representative of the 6th Volyn Border Guard Detachment (Lutsk), spoke about difficulties that border guards face in their work. Among the main and urgent problems are the lack of budget funds to ensure quality work, problems with the transportation of migrants, the lack of quality transport, problems with translators, the lack of a single electronic database of persons who have illegally crossed the border.

A separate topic of discussion was the practical challenges of providing legal assistance to foreigners and stateless persons in cases of illegal crossing of the state border under Article 204-1 of the Code of Administrative Offenses, mechanisms for appealing decisions on the detention and placement of foreigners in the Temporary Residence of Foreigners (TSF), extension of the terms of their detention and forced expulsion from Ukraine.

The event was organized by the Chernihiv Public Committee for the Protection of Human Rights with the support of the Human Rights Houses Foundation.