Mechanisms for access to justice for asylum seekers and refugees during quarantine were discussed in Chernihiv

On November 26, 2021, a round table “Status of observance of the rights of asylum seekers, refugees and stateless persons” was held in Chernihiv.

The meeting was attended by heads of regional and local centers for the provision of free secondary legal aid, representatives of the Chernihiv Temporary Residence Point for Foreigners, border and migration services, Chernihiv Regional State Administration, the legal and human rights community.

The main topic for discussion was the resolution of current legal and humanitarian issues, access of vulnerable categories of foreigners to legal protection mechanisms, in particular in the conditions of the COVID-19 epidemic and quarantine restrictions, discussion of new legislation on stateless persons, conflicts in regulatory acts and administrative practice.

Nadiya Ediyeva

, head of programs of the Chernihiv Public Committee for the Protection of Human Rights, said that since 2004 the organization has been actively engaged in monitoring the observance of the rights of refugees and asylum seekers, provides legal support to vulnerable categories of foreigners, in particular on the basis of the Chernihiv Temporary Residence Point for Foreigners (PTPI), and holds joint events with state authorities and non-governmental organizations.

Representative of the Department of the State Migration Service of Ukraine in Chernihiv Oblast

Natalia Kyrychenko

noted that the employees of the department are making every effort to fulfill their duties under quarantine conditions within the framework of the legislation, to resolve the issues and problems of foreign applicants as effectively and quickly as possible, to provide consultations, documentation, and identification of persons who have applied for services and assistance.

At the same time, the migration officer noted a number of problematic issues that representatives of the State Migration Service face in their work, in particular, some conflicts in the legislation regarding the acceptance of applications for asylum or additional protection from persons in pre-trial detention centers, and problems with access to medical services for asylum seekers.

Representatives of the Regional Center for Free Secondary Legal Aid (BVLA) in Chernihiv Oblast spoke about the principles of providing legal aid to international protection seekers and refugees. In particular, the lawyers discussed in detail the problematic issues that arise for lawyers when providing free legal aid to refugees and asylum seekers, in particular those detained in the Chernihiv Temporary Residence Point for Foreigners (PTPI).

Representatives of the BVLA system and the migration service noted that a high-quality mechanism for providing legal aid to foreigners has been developed between them. Officials assured that although quarantine restrictions have made their own adjustments to the work, this does not constitute significant obstacles to ensuring the right of foreigners and stateless persons to access legal aid and administrative procedures.

Oleksandr Pryshva

, head of the documentation department of the Chernihiv Temporary Residence Point for Foreigners (PTPI), emphasized that currently the PTPI has the ability to vaccinate foreigners against COVID-19 who are staying at the facility. However, to date, only one person has expressed a desire to be vaccinated.

Regional representative of the Verkhovna Rada of Ukraine Commissioner for Human Rights in the Chernihiv region

Iryna Zhmaka

spoke about her work with asylum seekers. The human rights activist welcomes positive changes in the legislation, but noted that in the context of the issue of protecting the rights of asylum seekers, it should be noted that Ukraine has not yet become a country where the rights to obtain refugee status and the status of a person in need of additional protection are provided at a sufficient level, and their social needs are met in accordance with international standards. In Ukraine, refugees are often limited in exercising their rights to housing, employment, receiving assistance in a medical institution, including vaccination, obtaining education, learning the language, processing documents of a social and legal nature, etc.

Also, those present discussed the long-awaited Law of Ukraine “On Amendments to Certain Legislative Acts Regarding Recognition as a Stateless Person”. The representative of the migration service

Hanna Shal

said that this year 12 people have already applied to the regional SMS department with relevant applications, 6 cases are already at the stage of making a decision by the central body of the migration service.

The participants also discussed not only positive changes that should facilitate the work of state bodies and fill regulatory gaps regarding the status of stateless persons, but also conflicts and problems that may arise in the future.

Hanna Shal

emphasized that today the biggest obstacle to rapid decision-making is the delay in deadlines by consulates and embassies of foreign countries, which are reluctant to provide answers to inquiries.

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