Standards for respecting the rights of asylum seekers in the activities of border and migration services

On November 29, 2013, a seminar was held in Chernihiv for representatives of the border and migration services of the Chernihiv region on the topic “Observance of the rights of refugees and asylum seekers. International and national standards”.

The main purpose of the event was to discuss the features of Ukrainian legislation on free legal aid in terms of their compliance with international and European norms and standards, in particular the UN Convention relating to the Status of Refugees, the European Convention on Human Rights, legal aspects of observing the rights of irregular migrants at state border crossing points (border crossing points, international airports) and directly in places of temporary stay of the specified category of foreigners.

Separately, the issues of restricting the rights of foreigners to receive legal assistance during detention, to use the services of an interpreter, and to apply to the migration service with a corresponding application for refugee status or complementary protection in Ukraine were discussed.

Dmytro Plechko

, Senior Legal Advisor of the Regional Office of the Office of the United Nations High Commissioner for Refugees in Ukraine, focused the attention of those present on the situation with refugees from Syria and Somalia. In particular, he noted that UNHCR recommends that government agencies pay special attention when considering applications for refugee status and complementary protection to immigrants from Syria.

“The latest changes regarding the transfer of cases of migrants detained at the border from administrative courts to courts of general jurisdiction should improve the judicial protection of the rights of asylum seekers,” emphasized Dmytro Plechko.

“The observance of the rights of refugees and asylum seekers and asylum seekers in Ukraine is under the constant control of the Ukrainian Ombudsman,” noted Alla Lepekha, Regional Coordinator for Public Relations of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, during her report. – The National Preventive Mechanism, established in accordance with the Optional Protocol to the UN Convention against Torture and operating in Ukraine for a year under the “Ombudsman +” system, is aimed at regular monitoring of all places of detention, including those where migrants with an irregular status are held. Only the system of joint monitoring visits by representatives of the Commissioner and the public makes it possible to prevent human rights violations and ill-treatment in such institutions.”

A special event was the viewing by the participants of the training of the documentary film Ali’ens (Somalis in transit). The plot of the film highlights the history of the detention and stay in Ukraine of minor refugees from Somalia, the problems of their integration and adaptation. The film caused mixed impressions among the participants of the seminar and contributed to an emotional discussion of the problem.

The project is implemented by the Chernihiv Public Committee for the Protection of Human Rights with the support of the Human Rights Fund of the Embassy of the Kingdom of the Netherlands in Ukraine.