September 2015

International Protection Considerations related to developments
in Ukraine – Update III
Recent Developments in Ukraine
1. Since the last international protection considerations update on Ukraine was issued in January
2015,1 the number of internally displaced persons (IDPs) registered by the government of
Ukraine has more than doubled to over 1.46 million. 2 Despite a new ceasefire agreement
reached in February 2015, surges in conflict continued to be reported along the line of contact
and in Non-Government Controlled Areas (NGCAs), 3 leading to insecurity for the civilian
population and serious violations of international human rights. 4 A further ceasefire
agreement that went into effect on 1 September 2015 has resulted in a noticeable deescalation in fighting although the security situation remains tense. The Ukrainian context isfurther marked by a weakening economy, with high inflation, a devaluing currency, and atroubled labour market. Gaps in the legal and regulatory framework relating to IDPs continue
to have an adverse effect and create difficulties for IDPs in accessing state assistance,
including basic services. Additional protection risks for those living in the NGCAs of
Donetsk and Luhansk regions include security risks stemming from ongoing hostilities,
restrictions on freedom of movement and assistance delivery, and restrictions on the
movement of commercial goods, including food and medicine. 5 Humanitarian needs are
expected to rise further in the coming colder months and as the conflict continues.
2. A Package of Measures for the Implementation of the Minsk Agreements 6 adopted on 12
February 2015 resulted in a notable decrease in the intensity and scope of hostilities in eastern
Ukraine. 7 However, the situation remains volatile. 8 Between mid-April 2014 and mid-August
2015, at least 7,883 people (both military and civilians) were killed and at least 17,610 injured

1

2

3

4

5
6

7

8

UNHCR, International Protection Considerations Related to the Developments in Ukraine – Update II, 15 January 2015,
http://www.refworld.org/docid/54c639474.html.
As of 7 September 2015, Ukraine’s Ministry of Social Policy reports having a total record of 1,460,000 entries on registered
IDPs in its unified database. Statistical update on registration is received by UNHCR on a regular basis.
Organization for Security and Co-operation in Europe (OSCE) Special Monitoring Mission to Ukraine, daily updates at
http://www.osce.org/ukraine-smm/daily-updates.
Office of the High Commissioner for Human Rights (OHCHR), Report on the Human Rights Situation in Ukraine: 16 February
to 15 May 2015, paras 6-8, 26, http://www.refworld.org/docid/55cb487b4.html (hereafter: OHCHR, Report on the Human Rights
Situation in Ukraine, 15 May 2015).
Ibid
OSCE, Package of Measures for the Implementation of the Minsk Agreements, 12 February 2015,
http://www.osce.org/cio/140156.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 May 2015, par. 7, 20-21. Fighting in eastern Ukraine has
noticeably also de-escalated following an agreement brokered during talks of the Trilateral Contact Group’s working group on
security on 26 August 2015, where it was agreed to implement a new ceasefire as of 1 September 2015.
Ibid, paras 20-24; see also OSCE Special Monitoring Mission to Ukraine, daily updates at http://www.osce.org/ukrainesmm/daily-updates.

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in Eastern Ukraine. 9 People were reportedly killed or injured by landmines and unexploded
ordnance in the conflict-affected areas in both government-controlled areas (GCAs) andNGCAs.10 Human rights monitors near the line of contact in both GCAs and NGCAs haverecorded new allegations of killings and torture, as well as cases of illegal deprivation ofliberty, abductions, forced labour, looting, ransom demands and extortion committed by allparties to the conflict.11 In the NGCAs, the exercise of freedom of expression, assembly andreligion has reportedly been curtailed,12 with reports of acts of persecution against membersof certain religious groups in particular.13 Concerns were also expressed about human rights
violations in the GCAs against persons suspected of separatism or terrorism.14
3. Some areas close to the line of contact reportedly continue to experience problems withaccess to basic services, including electricity, gas and water utilities.15 In particular, more than
470,000 people including 118,000 children are reported to have difficulties in getting safe
drinking water in the NGCA of Luhansk region. 16 Nearly 30 per cent of the conflict-affected
population in the NGCAs are reported to be suffering from an inadequate diet, with the priceof many standard food items in the NGCAs reportedly almost twice as high as in the GCAs. 17
As of June 2015, 52 per cent of residents in NGCAs reported a shortage of medicines,18 while
those medicines that are available are largely unaffordable. 19 The situation is reported to beparticularly acute for persons suffering from chronic decreases, including for the 8,000 HIVpositive patients who face a critical shortage of antiretroviral treatments and opioids.20 There
has also been severe damage to property and increased difficulties in accessing employment. 21
9

10

11
12
13

14

15

16

17

18

19
20

21

OHCHR, Report on the Human Rights Situation in Ukraine: 16 May to 15 August 2015, paras 24-27,
http://www.refworld.org/docid/55efe41f4.html (hereafter: OHCHR, Report on the Human Rights Situation in Ukraine, 15
August 2015). This is a conservative estimate of the UN Human Rights Monitoring Mission in Ukraine (HRMMU) based on
available data. These totals include: casualties of the Ukrainian forces as reported by the Ukrainian authorities; 298 people fromflight MH-17; civilian casualties on the territories controlled by the Government of Ukraine as reported by regional authorities ofDonetsk and Luhansk regions; and casualties among civilians and members of the armed groups on the territories controlled by
the self-proclaimed ‘Donetsk People’s Republic’ and the self-proclaimed ‘Luhansk People’s Republic’ as reported by local
medical establishments. This data is incomplete because of lacunas in coverage of certain geographic areas and time periods andbecause of overall under-reporting. The HRMMU believe that the actual numbers of fatalities are higher. The increases in thenumbers of casualties between the different reporting dates do not necessarily mean that these casualties happened between thesedates: they could have happened earlier, but were recorded by a certain reporting date.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 May 2015, par. 22; see also: AFP, Lurking Landmines Threaten
Lives, Livelihoods in Ukraine, 8 April 2015, http://news.yahoo.com/lurking-landmines-threaten-lives-livelihoods-ukraine154746480.html; and UNICEF, Children Killed and Injured by Landmines and Unexploded Ordnance in Eastern Ukraine –UNICEF, 31 March 2015, http://www.unicef.org/media/media_81398.html.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 May 2015.
Ibid, paras 65-73, 76-80.
Center for Civil Liberties and International Partnership for Human Rights in the framework of the Civic Solidarity Platform,
When God Becomes the Weapon, Persecution Based on Religious Beliefs in the Armed Conflict in Eastern Ukraine, April 2015,
http://ccl.org.ua/wp-content/uploads/2013/07/When-God-Becomes-The-Weapon_6May2015_closed-for-editing.pdf.
In May 2015, human rights monitoring reports expressed concern about persistent allegations of arbitrary and secret detentions
and enforced disappearances of people suspected of separatism or terrorism, as well as allegations of ill-treatment and torture ofpeople detained by the Ukrainian armed forces and law enforcement agencies. Further concerns were expressed about the factthat illegal activities of ‘pro-unity’ activists were reportedly tolerated by Ukrainian law enforcement agencies. Finally, concerns
were also expressed that investigations into allegations of human rights violations by the Ukrainian military and law enforcement
personnel had yet to be carried out. OHCHR, Report of the Human Rights Situation in Ukraine, 15 May 2015, paras 13 and 133;
see also Amnesty International, Ukraine: Overwhelming New Evidence of Prisoners Being Tortured and Killed amid Conflict, 22
May 2015, https://www.amnesty.org/en/latest/news/2015/05/ukraine-new-evidence-prisoners-tortured-and-killed-amid-conflict/.
The murder of a pro-Russian journalist and a prominent opposition politician in April 2015 also raised concerns; see The
Guardian, Pro-Russia Journalist Shot Dead in Kiev, 16 April 2015, http://www.theguardian.com/world/2015/apr/16/pro-russiajournalist-shot-killed-ukraine-kiev-oles-buzyna.
UNHCR, Participatory Assessment Conducted by UNHCR and Partners in Donetsk Region, Ukraine, May 2015,
http://unhcr.org.ua/en/?option=com_content&view=article&layout=edit&id=1526.
UN News Centre, Ukraine: UNICEF Appeals for Help to Restore Damaged Water Facilities for 1.3 Million People, 14 July
2015, http://www.un.org/apps/news/story.asp?NewsID=51418.
World
Food
Programme(WFP),
UkraineFood
MarketUpdate
3,
April
May
2015,
http://reliefweb.int/sites/reliefweb.int/files/resources/wfp276287.pdf; see also: WFP, Global Food Security Update: Tracking
Food
Security
Trendsin
Vulnerable
Countries,
April-June2015,
http://reliefweb.int/sites/reliefweb.int/files/resources/wfp275824.pdf; see also OHCHR, Report on the Human Rights Situation in
Ukraine, 15 August 2015.
Kyiv International Institute of Sociology and Aid Help Humanitarian Center, Analysis of Humanitarian Needs in Donetsk andLuhansk Regions, June 2015, electronic materials on file with UNHCR.
Ibid.
AFP, 8,000 HIV Patients at Risk in Eastern Ukraine: UN Envoy, 20 July 2015, https://uk.news.yahoo.com/8-000-hiv-patientsrisk-eastern-ukraine-un-025333407.html; see also OHCHR, Report on the Human Rights Situation in Ukraine, 15 August 2015.
Information available to UNHCR through participatory assessments.

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The critical need for adequate housing as well as additional assistance to cover heating costs
and basic needs will be particularly acute in the upcoming winter season, especially in theabsence of available employment and livelihoods opportunities.
4. In March 2015, the Ukrainian Parliament adopted Resolution No. 254-VIII on the recognitionof some districts and settlements of Donetsk and Luhansk regions as “temporary occupied
territories”. 22 De facto authorities in Donetsk and Luhansk regions are reported to have taken
steps to establish parallel legislative frameworks and parallel systems for the administrationof justice (with “police”, “prosecutors”, “courts”, as well as an “ombudsman’s office”).
“Laws” and “by-laws” have been adopted to create an institutional framework for“Ministries” and to regulate governance in areas such as security, external relations, internalaffairs, civil protection, labour, healthcare, education, social protection and the environment. 23
Some of these raise significant protection concerns. 24
5. Following a referendum, which was not authorized by Ukraine, in the Autonomous Republicof Crimea in 2014,25 the legislative framework of the Russian Federation has been applied
across the territory of Crimea as of 1 January 2015.26 Human rights observers report concerns
about restrictions on human rights, including freedom of expression and the right to peacefulassembly, as well as intimidation and harassment of those opposing the Russian de facto
authorities in Crimea.27
6. According to the Federal Constitutional Law of the Russian Federation of 21 March 2014,
Ukrainian citizens and stateless persons permanently residing in the Autonomous Republic of
Crimea and the city of Sevastopol automatically acquired citizenship of the RussianFederation, although there was a possibility to opt out.28 It is therefore believed that the vast
majority of residents of Crimea acquired Russian citizenship. Those who did not areconsidered foreigners and reportedly face challenges in accessing public services, including

22

23

24
25

26

27

28

Text available in Ukrainian at http://zakon3.rada.gov.ua/laws/show/254-viii. Furthermore, on 3 June 2015, Ukraine’s Parliament
registered draft Law No 2004-a On Amendments to the Law ‘On Ensuring Rights and Freedoms and Legal Regime at theTemporary Occupied Territory’ Regarding Strengthening Control over the Movement of Persons and Cargo through the
Temporary Occupied Territory, available in Ukrainian at http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=55432. The
draft law expands the provisions of the Law ‘On Ensuring Rights and Freedoms and Legal Regime at the Temporary Occupied
Territory adopted for Crimea in April 2014 to certain areas of the Donetsk and Luhansk regions. The draft law seeks tostrengthen control over the movement of people and cargo between government and non-government controlled areas, providing
for a special permit system for people and prohibiting movement of all cargo, except for humanitarian aid. A less restrictive,
alternative draft law was registered with Parliament on 17 June 2015: Law No. 2004-a-1 On Amendments to the Law ‘On
Ensuring Rights and Freedoms and Legal Regime at the Temporary Occupied Territory’, available in Ukrainian at
http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=55611. This draft law is less restrictive than Law No 2004-a andsimplifies the movement of people and cargo, providing for the movement of people without passes, allowing individuals totransport personal possessions and vehicles, and allowing for the movement of cargo (with a number of exceptions, such as formilitary goods).
Legal developments in NGCAs are available at: http://dnr-sovet.su/zakonodatelnaya-deyatelnost/prinyatye/zakony/,
https://nslnr.su/zakonodatelstvo/normativno-pravovaya-baza/.
See the section on Children below (pp. 11-12).
UN General Assembly Resolution no. 68/282 of 27 March 2014 notes that the referendum in Crimea was not authorized by
Ukraine and calls on States not to recognize any altered status of Crimea: United Nations General Assembly, Resolution Adopted
by the General Assembly on 27 March 2014: 68/262. Territorial Integrity of Ukraine, 1 April 2014, A/RES/68/262,
http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/68/262.
In accordance with Article 6 of the Agreement between the Russian Federation and Republic of Crimea on Inclusion of Crimea
in the Russian Federation, text available in Russian at http://kremlin.ru/events/president/news/20605.
Crimean Field Mission on Human Rights, Brief Review of the Situation in Crimea (March 2015), 21 April 2015, available inRussian at http://crimeahr.org/wp-content/uploads/2015/05/Obzor_KPM_Mart_2015_final.pdf, pp. 8-12; see also OHCHR,
Report on the Human Rights Situation in Ukraine, 15 May 2015; Crimean Field Mission on Human Rights, Brief Review of theSituation
inCrimea(May2015),
24
June
2015,
http://crimeahr.org/wpcontent/uploads/2015/06/Crimea_Field_Mission_Review_May_2015_ENG.pdf, pp. 8-9.
Federal Constitutional Law of the Russian Federation, On the Acceptance of the Republic of Crimea into the Russian Federationand the Creation of New Federal Subjects – the Republic of Crimea and the City of Federal Significance Sevastopol. People
were given until 18 April 2014 to opt out of Russian citizenship and choose to continue residing in Crimea as Ukrainian citizens
with permanent residence. However, persons wishing to retain their Ukrainian citizenship reportedly faced difficulties preventing
them from doing so, since they had only one month to file the necessary papers to refuse the acquisition of Russian citizenship,
information about the procedures was not readily available and only a few offices of the Russian Federal Migration Service(FMS) could process these applications. UNHCR does not have information about the number of people who opted out of
acquiring Russian citizenship.

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health care, access to employment, 29 as well as concluding property-related contracts.30 The
Government of Ukraine still considers Ukrainian citizens residing in Crimea and the city ofSevastopol to be Ukrainian citizens, even if they have acquired Russian citizenship. In order
to be able to acquire or renew Ukrainian passports or other civil documentation, Crimeans
must travel to mainland Ukraine. 31 However, freedom of movement between Crimea andmainland Ukraine has been curtailed. At the end of December 2014 train and public bus
transport between mainland Ukraine and Crimea was suspended and has not since resumed. 32
However, unofficial private transport services continue to run between mainland Ukraine andCrimea. Foreigners and stateless persons entering and exiting Crimea are required to obtain apermit from the authorities in Ukraine. 33

Internal displacement
7. As of 7 September 2015, the Ukrainian authorities report that 1,460,000 persons haveregistered as displaced. 34 The majority are living in regions bordering the conflict-affectedareas, such as in the areas of Donetsk and Luhansk regions (52 per cent) controlled by the
Ukrainian Government, as well as in Kharkiv, Dnipropetrovsk and Zaporizhia regions and in
the city of Kyiv. Elderly persons reportedly make up 59 per cent of total registered IDP
population and children nearly 13 per cent. Persons living with disabilities account for around
4 per cent of the displaced population. 35 This information indicates a high number of IDPs
with specific needs.
8. Accurate statistics on the number of returnees remain unavailable, as the registration systemdoes not provide data on returns or secondary movements within the country. According tomonitoring reports and interviews, people who return generally do so when the security
situation allows, to protect their property from looting or expropriation and to visit family
members unable or unwilling to move and who have thus been left behind. 36 IDPs have also
returned during the spring-summer period to engage in agricultural activities. 37 Some IDPs
also return to NGCAs due to a lack of financial means in the GCAs. However, most IDPs in
Ukraine have chosen not to return to their homes as the security and political situation
remains unstable. 38

29

30

31
32

33
34
35
36
37

38

Crimean Field Mission on Human Rights, Brief Review of the Situation in Crimea (March 2015), 21 April 2015, available inRussian at http://crimeahr.org/wp-content/uploads/2015/05/Obzor_KPM_Mart_2015_final.pdf, pp. 17-18.
OSCE, Thematic Report Freedom of Movement across the Administrative Boundary Line with Crimea, 19 June 2015,
http://www.osce.org/ukraine-smm/165691.
Ibid.
OSCE, Thematic Report Freedom of Movement across the Administrative Boundary Line with Crimea, 19 June 2015,
http://www.osce.org/ukraine-smm/165691. On 30 January 2015, a border regime was introduced in the area adjacent to Crimea
within mainland Ukraine (Cabinet of Ministers of Ukraine, Resolution No. 38 of 30 January 2015 On Certain Issues ofStrengthening of Ukraine’s National Security Level, available in Ukrainian at http://zakon2.rada.gov.ua/laws/show/38-2015%D0%BF). In June 2015, further to the Law on Temporarily Occupied Territories (Article 10 of Law No. 1207-VII of 2014 On
Securing the Rights and Freedoms of Citizens and the Legal Regime on the Temporarily Occupied Territory of Ukraine, 15 April
2014, available in Ukrainian at http://zakon4.rada.gov.ua/laws/show/1207-18, unofficial translation available at
http://www.refworld.org/docid/5379ab8e4.html) Ukrainian authorities adopted a special procedure for the crossing of theadministrative border line with Crimea. The new procedure provides for grounds under which foreigners and stateless persons
can receive permits for entry and exit to Crimea and the city of Sevastopol and the procedure for its issuance (Cabinet of
Ministers of Ukraine, Resolution No. 367 of 4 June 2015 On Approval of the Procedure of Entry and Exit from and to
Temporarily Occupied Territory of Ukraine, available in Ukrainian at http://zakon4.rada.gov.ua/laws/show/367-2015%D0%BF). The new procedure also affects foreign nationals leaving Crimea and children under 16 (OSCE, Thematic Report
Freedom of Movement across the Administrative Boundary Line with Crimea, 19 June 2015, http://www.osce.org/ukrainesmm/165691; see also: Crimea SOS, Analysis of the Procedure on Entry and Exit to Crimea, June 2015, available in Russian at
http://krymsos.com/2015/06/22/analiz-poriadka-viezda-i-vyezda-iz-kryma.).
OHCHR, Report on the Human Rights Situation in Ukraine, 15 August 2015.
Figures received from the Ministry of Social Policy.
Ibid.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 August 2015.
UNHCR, Participatory Assessment Conducted by UNHCR and Partners in Dnipropetrovsk Region, Ukraine, April 2015,
http://unhcr.org.ua/en/?option=com_content&view=article&layout=edit&id=1526.
As reported by IDPs to UNHCR and partner organizations.

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9. In October 2014 the Cabinet of Ministers adopted Resolution 509, 39 which established aunified registration system for IDPs, operated by the Ministry of Social Policy. Despite theincreasing numbers of registered IDPs, certain categories of displaced persons faceadministrative hurdles to register as IDPs, including persons who lack the required
documentation40 (particularly for those from minority groups such as Roma);41 and new-born
children with birth certificates issued in the NGCAs.42 In practice some IDPs do not register
due to lack of information on the benefits of registration, or because they are ineligible forassistance and therefore do not see a reason to register.43 Others fear military conscription; 44
discrimination in the employment or rental market; or they are afraid that registration could
be seen as a political stand, which may have negative consequences for relatives who remainin the NGCAs or in terms of property they own in the NCGAs. 45 IDPs who for various
reasons were unable to register, or who opted not to register, have reportedly been generally
unable to access any State assistance, including both targeted financial assistance for IDPs46
and regular social welfare entitlements. 47 Some humanitarian actors have also required IDP
registration certificates prior to delivery of assistance.48
10. In March 2015 the Cabinet of Ministers adopted a new resolution to amend IDP registration
procedures.49 The amendments provided for verification of IDP residence by law enforcement
39

40

41

42

43

44

45

46

47

48
49

Cabinet of Ministers of Ukraine, Resolution No. 509 of 1 October 2014 On Registration of Internally Displaced Persons fromthe Temporarily Occupied Territory of Ukraine and Anti-Terrorist Operation Area, available in Ukrainian at
http://zakon2.rada.gov.ua/laws/show/509-2014-%D0%BF.
Brookings-Bern Project on Internal Displacement, Off to a Shaky Start: Ukrainian Government Responses to InternallyDisplaced Persons, 13 May 2015, http://www.refworld.org/docid/55704ae04.html, pp. 8-10, 16-18.
OSCE Office for Democratic Institutions and Human Rights (ODIHR), Situation Assessment Report on Roma in Ukraine and the
Impact of the Current Crisis, August 2014, http://www.osce.org/odihr/124494, p 34; see also: Internal Displacement Monitoring
Centre (IDMC), IDP Registration in Ukraine: Who’s in? Who’s out? And Who’s Counting? 19 March 2015, http://www.internaldisplacement.org/blog/2015/idp-registration-in-ukraine-whos-in-whos-out-and-whos-counting. From the establishment of theunified registration system in October 2014 until the adoption of a Resolution by the Cabinet of Ministers in August 2015,
geographic limitations to eligibility for IDP registration posed another obstacle to registration for IDPs from certain areas. In
particular, based on Resolution No. 509 of the Cabinet of Ministers of Ukraine, the Departments of Social Policy in certain
regions applied geographic criteria for IDP registration. In applying these geographic criteria, the Departments of Social Policy
referred to the Cabinet of Ministers Order No. 1085 of 7 November 2014, which contains a list of places and settlements that are
not under government control or partially not controlled by the government. IDPs fleeing settlements not included in the list weredenied registration (including from settlements near the line of contact in the GCAs). See OHCHR, Report on the Human Rights
Situation in Ukraine, 15 May 2015 and OHCHR, Report on the Human Rights Situation in Ukraine, 15 August 2015. In August
2015 the by-laws regulating the IDP registration procedure were amended to remove the geographic criteria: see Cabinet of
Ministers of Ukraine, Resolution No. 636 of 26 August 2015, available in Ukrainian at http://zakon1.rada.gov.ua/laws/show/6362015-%D0%BF.
Birth certificates are issued in GCAs for those born in NGCAs based on a hospital certificate. However, when hospitals in
NGCAs mark the hospital certificate with the stamp of the de facto authorities, these certificates are not recognized in GCAs, andbirth certificates not issued. UNHCR, Ukraine Situation: UNHCR Operational Update, 22 May - 8 June 2015,
http://www.refworld.org/docid/55cc51494.html, p. 3.
UNHCR, Ukraine: Protection Strategy, June 2015, 15 June 2015, http://www.refworld.org/docid/55eeb9794.html, p. 2, para.
2.4.
UNHCR, Participatory Assessments Conducted by UNHCR and Partners in Dnipropetrovsk, Zaporizhia, Kharkiv andSeverodonetsk, April-May 2015, http://unhcr.org.ua/en/?option=com_content&view=article&layout=edit&id=1526.
OSCE Special Monitoring Mission to Ukraine, Thematic Report: The Impact of the Crisis in Ukraine on its Western Regions,
http://www.osce.org/ukraine-smm/148241?download=true, pp. 11-12.
Cabinet of Ministers of Ukraine, Resolution No. 505 of 1 October 2014, On Providing Monthly Targeted Financial Support toInternally Displaced Persons from the Temporarily Occupied Territory of Ukraine and Anti-Terrorist Operation Area to Cover
Housing Expenses, Including Utilities (available in Ukrainian at http://zakon4.rada.gov.ua/laws/show/505-2014-%D0%BF),
envisages monthly cash transfers to IDPs upon their registration with local departments of social protection in areas ofdisplacement for a period of six months.
On 7 November 2014 the Cabinet of Ministers of Ukraine adopted resolution No. 595 On Aspects of State Funding of Public
Institutions, Social Payments to Population and Support to Some Enterprises and Organizations of Donetsk and Luhansk
Regions, available in Ukrainian at http://zakon1.rada.gov.ua/laws/show/595-2014-%D0%BF. The resolution suspended statebudget outlays, including payments to members of the population from pension and social security funds, in the NGCAs until thegovernment regains control thereof, and allowed resumption of social assistance only to registered IDP population. AnotherCabinet of Ministers’ Resolution, No. 637 of 5 November 2014 On Social Payments to Persons Displaced from Temporarily
Occupied Territory of Ukraine and Areas of Anti-Terrorist Operation (available in Ukrainian at
http://zakon2.rada.gov.ua/laws/show/637-2014-%D0%BF) determines that age and disability pensions, state stipends, all kindsof social assistance and compensations, material support and services from the state budget are paid to IDPs at their actual placeof residence provided it is confirmed by an IDP registration certificate.
Information available to UNHCR.
Cabinet of Ministers of Ukraine, Resolution No. 79 Some Aspects of Issuance of Certificates to Persons Displaced from
Temporarily Occupied Territory of Ukraine and Districts of Anti-Terrorist Operation, 4 March 2015, available in Ukrainian at
http://zakon1.rada.gov.ua/laws/show/79-2015-%D0%BF/paran2#n2.

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agencies, and the power to de-register individuals found not to be living at their place ofresidence. As a consequence, more than 8,000 IDPs have reportedly had their registration
certificates ‘cancelled’ after not appearing during the government-mandated ‘spot-checks’
foreseen under the resolution. 50 The resolution has led to concerns about restrictions on
freedom of movement, given the difficulty of de-registering in one location and thenregistering in another.51 This is of particular concern given that the majority of IDPs reporthaving moved at least once following their initial displacement, often due to the lack ofavailable assistance and/or employment opportunities in the first place of displacement.52
External displacement
11. The largest number of externally displaced Ukrainian nationals are in the Russian Federation.
According to data provided by the Russian Federation’s Federal Migration Service (FMS), asof 4 August 2015, 383,300 Ukrainians had applied for international protection,53 and a further
528,200 had applied for other forms of legal stay. 54 The number of applications forinternational protection by Ukrainian nationals has also increased in other European
countries. Between 1 January 2014 and 31 July 2015, close to 24,000 Ukrainians applied forinternational protection in European Union member States, including 5,613 in Germany,
4,546 in Italy, 3,900 in Poland, 2,221 in Sweden and 2,211 in France. 55 Belarus has received
1,250 applications as of 27 August 2015. Ukrainian nationals have also applied for otherforms of legal stay in other countries, including 125,200 in Belarus and 67,400 in Poland. 56

Human Rights Situation and Reasons for Displacement
12. Residents of NGCAs and conflict-affected areas adjacent to the line of contact, including
those under government control, continue to be forcibly displaced. People report leaving for avariety of reasons, including general insecurity due to on-going shelling; 57 fear of armed
groups; destroyed houses and property; shortages of water, electricity, and heating; limitedaccess to health services and education; and lack of livelihood opportunities. 58 The
government’s suspension of social benefit payments and provision of services in the NGCAsof the Donetsk and Luhansk regions is also reported to have contributed to additional
displacement, in particular of persons with specific needs.59
13. Crimeans report leaving for a variety of reasons, including the fact that they do not want theirchildren to be educated in the Russian school system. Others reportedly leave because theyfear that they or their children would be subjected to compulsory military service in the
Russian army. 60 Some groups are reported to be at particular risk of being subjected tounlawful limitations on the rights to freedom of religion and freedom of expression,association and assembly. 61 For example, control by the local de facto authorities overreligious associations and their exercise of the right to freedom of religion is reported tocontinue to strengthen, and religious groups such as the Ukrainian Orthodox Church,
50
51

52

53
54

55
56
57

58
59

60
61

Information obtained by UNHCR from the Ministry of Social Policy.
Kharkiv Human Rights Protection Group (KhPG), New Government Ruling Makes Life for Displaced People Even Harder, 13
March 2015, http://www.khpg.org/en/pda/index.php?id=1426107016. According to information obtained by UNHCR, validationof IDP certificates is conditional on the verification of IDP residence by the migration services at the new place of stay. There areconcerns about the difficulties involved in re-registering at a new place of stay as well as the time it takes.
Information available to UNHCR via protection monitoring. UNHCR does not have information about how many IDPs havebeen de-registered, as no government data exist.
This figure includes the number of applications for temporary asylum and refugee status.
Other forms of legal stay include: Russian citizenship or “Compatriots’ Repatriation Programme” (integration and support planfor foreign residents with family links to the Russian Federation), as well as temporary and permanent residence permits (which
can be granted to foreigners already residing legally for at least six months in the Russian Federation).
Official figures reported to UNHCR by respective national asylum authorities.
Official figures reported to UNHCR by respective national asylum authorities as of end August 2015.
According to information available to UNHCR, the security situation in the NGCAs differs from area to area, however people
residing close to the contact line where sporadic fighting/shelling takes place are of particular concern.
Information available to UNHCR and partner organizations.
Assessment Capacities Project (ACAPS), Global Emergency Overview Snapshot 15-21 July 2015, 21 July 2015,
http://reliefweb.int/sites/reliefweb.int/files/resources/geo_62.pdf, p. 109.
Information available to UNHCR and partner organizations.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 August 2015.

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Jehovah’s Witnesses, and Muslims are reportedly facing increased control of their activities. 62
Furthermore, Crimean Tatars who are perceived to express political views opposing theRussian de facto authorities in Crimea have reportedly faced restrictions on their right tofreedom of assembly. 63 This is reported to be one of the reasons for additional displacementof members of the ethnic Tatar population from Crimea.64
Freedom of movement and access to civil, political, economic and social rights for IDPs
14. Since November 2014, Ukrainian authorities have adopted a series of measures to regulate themovement of individuals, transport and cargo across the line of contact between the GCA and
NGCA. As of January 2015 a permit is needed to cross the line of contact in both directions. 65
This procedure has severely restricted freedom of movement for all individuals, limiting theirability to leave conflict-affected areas and/or to return home to visit family members, to checkon property, or to engage in agricultural tasks or other activities related to livelihoods (inparticular during the spring-summer season).66 Irregular application of the rules as well asinterruptions to the electronic pass system at check-points have led to long queues, withvehicles and passenger buses having to wait several hours or days at check-points, often
without access to water or sanitation services.67 The difficulty in obtaining permits is reported
to have resulted in civilians trying to circumvent the checkpoints by crossing through fields
and forests. This exposes them to landmines and explosive remnants of war, and there havebeen reports of people being injured or killed while trying to cross the contact line
irregularly. 68
15. Amendments to the permit system adopted on 12 June 201569 allow for online applications
and the issuance of electronic permits. However, this means that applicants need to haveInternet access. Moreover, delays are reported to continue. Furthermore, although the revised
version of the temporary order waived the requirement to obtain a permit for emergency
situations, crossing the contact line in such situations essentially remains at the discretion of
officers at checkpoints. 70 Other new provisions have further restricted the movement of

62

63

64
65

66

67

68

69

70

Crimean Field Mission on Human Rights, Brief Review of the Situation in Crimea, June 2015, http://crimeahr.org/wpcontent/uploads/2015/08/Crimea_Field_Mission_Review_June_2015_Eng.pdf. For example, four Crimean Tatars havereportedly been detained on charges of involvement with the organization Hizb-ut-Tahrir. The charges are reported by local
residents to be biased and politicized, as they are apparently based on the notion that anyone who adheres very closely to therules of Islam may be suspected of having links with Hizb-ut-Tahrir.
Crimean Field Mission on Human Rights, Brief Review of the Situation in Crimea, June 2015, http://crimeahr.org/wpcontent/uploads/2015/08/Crimea_Field_Mission_Review_June_2015_Eng.pdf. For example, Crimean Tatars have reportedly
been prevented from commemorating the Crimean Tatar National Flag Day, and in June 2015 a number of Crimean Tatars werereportedly charged with administrative offenses and given fines for organizing or participating in events to commemorate thedeportaton of Crimean Tatar people.
Ibid.
Security Service of Ukraine (SSU), Order No. 24 of 22 January 2015, Temporary Procedures for Control over Movements ofIndividuals,
Vehicles
and
Goods
along
the
Contact
Line
inDonetskandLuhanskRegions,
http://www.sbu.gov.ua/sbu/control/eng/publish/article?art_id=136040&cat_id=35317.
OSCE, Thematic Report: Protection of Civilians and their Freedom of Movement in the Donetsk and Luhansk Regions,
http://www.osce.org/ukraine-smm/156791.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 May 2015, par. 61. According to information available to
UNHCR, people queuing at checkpoints have also been wounded by booby traps in the nearby woods, as there are no sanitaryfacilities at the checkpoints (5 individuals wounded since June 2015).
Atlantic
Council,
27
July
2015,
Ukraine’s
IDP
CrisesWorsensas
Local
Attitudes
Harden,http://www.atlanticcouncil.org/blogs/new-atlanticist/ukraine-s-idp-crisis-worsens-as-local-attitudes-harden; see also OHCHR,
Report on the Human Rights Situation in Ukraine, 15 August 2015.
SSU Order No 415 of 12 June 2015, Temporary Procedures for Control over Movements of Individuals, Vehicles and Goods
along the Contact Line in Donetsk and Luhansk Regions, available in Ukrainian at http://officevp.sfs.gov.ua/media-ark/newsark/202298.html,
available
in
English(extracts)athttp://www.sbu.gov.ua/sbu/control/en/publish/article;jsessionid=532D46944C49E0D23AFF3D57327F76AC.app1?art_id=13687
9&cat_id=35317. Improvements include: the possibility to leave conflict areas without a permit in case of emergency; regulated
procedure for crossing the line of contact for children and former prisoners who have served their sentences; additional transport
corridor in Luhansk region; no need to receive a separate permit for private vehicles.
According to information available to UNHCR, the process of applying for and obtaining the electronic permit takes a minimumof ten days to complete, and an applicant has to wait up to 14 working days after completion to receive confirmation that thecontact line may be crossed. Moreover, elderly and people with financial difficulties might have problems accessing computers
and internet services, which are a requirement for applying electronically.

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commercial goods, including food and medicines into NGCAs.71 This has reportedly led to a
sharp deterioration in the humanitarian situation in NGCAs, with acute shortages of food,medicines and basic goods such as hygiene items. 72 At the time of writing, access byhumanitarian actors to the NGCAs is also hampered by uncertainty over a registration
requirement from the de facto authorities. 73 Although humanitarian aid is distributed tochildren and people aged over 60, unemployed adults (21-60 years old) are not entitled toassistance, with many adults becoming increasingly vulnerable due to both shortages ofassistance and lack of employment opportunities in the NGCAs. 74 Following the June 12
amendments public transport between GCAs and NGCAs has been banned, further hampering
movement of people across the contact line.75
16. On 20 October 2014 the Ukrainian Parliament adopted a law On Ensuring Rights andFreedoms of Internally Displaced Persons (“the IDP law”); it came into force on 22
November 2014. 76 The law addresses a wide range of issues, including protection against
discrimination and forcible return; assistance in voluntary returns; simplified access to socialand economic services, including residence registration, employment and freeaccommodation for six months. The law also obliges the government to develop a policy on
the integration of IDPs, which at the time of writing is being drafted.77
17. However, the impact of the IDP law is contingent on the adoption of various by-laws andregulations on the implementation of various provisions can be implemented. The Cabinet of
Ministers has previously adopted resolutions covering registration, social assistance,
employment and entrepreneurship, education and other issues specific to IDPs, while others
are still pending.78 Certain resolutions that were initially not aligned with the IDP law havebeen revised by the Government to strengthen the coherence of the legal framework for IDP
protection. 79 Other provisions are not being implemented due to a lack of regulatory
provisions and financial resources to local and regional authorities, such as the provision
guaranteeing free housing for IDPs for six months.
18. In March 2015 the government extended the financial assistance programme for IDPs, 80
which was first established in October 2014.81 However, in most cases, the amount provided

71

72

73
74

75

76

77
78

79

80

On 17 July 2015, Parliament adopted the Presidential Law No. 2109а, On Introduction of Amendments to Certain Legislative
Acts of Ukraine Regarding the Procedure of Movement of Goods to the Area or from the Area of Anti-Terrorist Operation,
available in Ukrainian at http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=55628. Humanitarian aid from international
humanitarian actors to the NGCAs is currently suspended, however humanitarian assistance is provided by the Akhmetov
Foundation and the Russian Federation.
OCHA,
UkraineSituation
Update
No.
6,
10
July
2015,
http://reliefweb.int/sites/reliefweb.int/files/resources/ocha_ukraine_situation_update_27_june_-_10_july_2015.pdf.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 August 2015.
Information available to UNHCR via protection monitoring; see also OHCHR, Report on the Human Rights Situation in
Ukraine, 15 August 2015.
According to information available to UNHCR all people face problems in terms of freedom of movement through thecheckpoints, due to longue queues to exit and enter, and the fact that transportation is available only to travel to the checkpoint,
after which people have to cross on foot (a distance up to 15 kilometers), and then find other means of transportation to travel
further. See also OHCHR, Report on the Human Rights Situation in Ukraine, 15 August 2015.
Law No. 1706-VII of 20 October 2014, On Ensuring Rights and Freedoms of Internally Displaced Persons, unofficial translation
available at http://unhcr.org.ua/attachments/article/1231/IDPlawENG%20(3).doc.
The National Plan of Integration is currently being drafted by the Ministry of Social Policy.
Resolutions No 213, 505, 509, 535, 595, 471, 473 (list not exhaustive) adopted by the Cabinet of Ministers of Ukraine are
publicly available at the Cabinet of Ministers of Ukraine’s official website: http://www.kmu.gov.ua/. Current concerns include a
restrictive IDP definition which does not include stateless individuals and foreigners who are entitled to permanent residence in
Ukraine; overly complex registration procedures; a limited validity of IDP certificates; ineffective appeal mechanisms for thosedenied IDP registration; and inadequate conditions for integration into host communities. In May 2015, Parliament registered thefirst reading of draft Law No. 2166 On Amendments to Some Laws of Ukraine to Strengthen the Guarantees of the Rights andFreedoms of IDPs”, which proposes positive amendments to this legislation; available in Ukrainian at
http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=54093.
As noted above (see footnote 40), while the IDP Law does not place geographic limitations on the definition of who may beconsidered an IDP, registration for IDPs was initially limited to persons originating from particular areas defined by thegovernment as ‘temporarily occupied territories’.
Cabinet of Ministers of Ukraine, Resolution No. 212 of 31 March 2015, On Amendments to Procedure on Providing Monthly
Targeted Financial Support to Internally Displaced Persons from the Temporarily Occupied Territory of Ukraine and AntiTerrorist Operation Area to Cover Housing Expenses, Including Utilities, available in Ukrainian at
http://zakon4.rada.gov.ua/laws/show/212-2015-%D0%BF.

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is reported to be insufficient to cover accommodation, food, clothing, medical and otherliving expenses. 82 The financial assistance provided is also for a limited timeframe, and as
there are also many administrative and practical hurdles to accessing this assistance,83 many
IDPs continue to face acute financial difficulties in meeting their basic needs.84 In addition,
there is no compensation foreseen for damaged or destroyed property in NGCAs. 85 This,
together with the lack of access to savings in bank accounts in NGCAs, further complicatesthe situation for IDPs. Many IDPs have already exhausted the government-provided financial
assistance, along with savings that IDPs may have been able to take with them. 86
19. There have been various civil society efforts to support persons displaced into the GCAs, withseveral community-based organizations having been created for this specific purpose. These
organizations receive some support from the international community but face problems ofsustainability and a lack of resources to provide IDPs with adequate support. IDPs findthemselves competing with members of the host community for jobs, apartments and otherscarce resources, such as places in primary and secondary schools. Access to accommodation
has been one of the main concerns of IDPs, and displacement has led to sharp increases in therental levels in many cities, leading to resentment by the host community. This has further
contributed to discrimination against IDPs in the areas of employment and housing,87 as well
as social tensions, stigmatization and general discrimination against IDPs, many of whom arestruggling to integrate. 88 In the GCAs there is currently no State programme in place toaccommodate IDPs (including IDPs with specific needs). The majority of IDPs live in rented
accommodation, while others live with families or friends and a small percentage in collective
centres.89 IDPs in NGCAs are provided accommodation in collective centres funded by the defacto authorities, or provided with empty apartments, where they are only asked to cover thecost of utilities. 90
20. The government has adopted legislative and regulatory developments to expand assistance to
IDPs and facilitate their integration. In July 2015, the government amended its by-laws so as
to make it easier for IDPs from NGCAs to claim unemployment benefits.91 In July 2015 thegovernment also adopted the Plan of Action for Resolution of Employment Problems of IDPs

81

82

83

84

85

86

87
88

89

90
91

Cabinet of Ministers of Ukraine, Resolution No. 505 of 1 October 2014, On Providing Monthly Targeted Financial Support toInternally Displaced Persons from the Temporarily Occupied Territory of Ukraine and Anti-Terrorist Operation Area to Cover
Housing Expenses, Including Utilities, available in Ukrainian at http://zakon4.rada.gov.ua/laws/show/505-2014-%D0%BF.
Ibid. Under the resolution, IDPs of working age receive 442 Ukrainian Hryvnia (UAH) per person, those of non-working age(elderly, children) 884 UAH, and disabled IDPs 949 UAH, with a maximum of 2,400 UAH per household provided monthly fora period of six months. The amounts are considerably below subsistence level. Subsistence rates for Ukraine are available at
http://search.ligazakon.ua/l_doc2.nsf/link1/SH000419.html.
On 15 June 2015, Ukraine’s Cabinet of Ministers adopted a set of amendments to procedures for State financial assistance to
IDPs, providing that financial assistance would only be disbursed through branches of “Oschadbank”; text available in Ukrainian
at http://www.kmu.gov.ua/control/ru/cardnpd?docid=248287221. Another difficulty in accessing financial assistance stems fromthe mandatory verification of IDP residence by local migration services, being a pre-condition for inclusion in State assistanceschemes – procedure instigated in March 2015 further to Resolution No. 79, available at http://zakon2.rada.gov.ua/laws/show/792015-%D0%BF.
UNHCR, Participatory Assessments Conducted by UNHCR and Partners in Dniporpterovsk, Zaporizhia, Severodonetsk,
Kharkiv,
Kyiv
andMariupol,April-May2015,
http://unhcr.org.ua/en/?option=com_content&view=article&layout=edit&id=1526.
As of 5 August 2015, Ukraine did not have any legislative provisions for compensation for damaged and lost property for
conflict-affected populations. Draft law No. 2167 makes provision for such compensation to IDPs: text in Ukrainian available at
http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=54094.
UNHCR, Participatory Assessments Conducted by UNHCR and Partners in Dniporpterovsk, Zaporizhia, Severodonetsk,
Kharkiv,
Kyiv
andMariupol,April-May2015,
http://unhcr.org.ua/en/?option=com_content&view=article&layout=edit&id=1526. According to information obtained, themonthly financial assistance provided is supposed to cover expenses related to housing and other basic needs.
Information obtained by UNHCR through protection monitoring and field visits.
UNHCR, Participatory Assessment Conducted by UNHCR and Partners in Kyiv, April-May 2015,
http://unhcr.org.ua/en/?option=com_content&view=article&layout=edit&id=1526.
The majority of IDPs live in rented accommodations (e.g. about 57.2% for the Kharkiv region and 52.5% for the Donetsk region,according to the REACH survey). Others are hosted by family or friends (e.g. about 25.6% for the Kharkiv region and 22.8% for
the Donetsk region). The remainder stays in collective centres (e.g. about 7.4% for the Kharkiv region and 14.5% for the Donetsk
region).
Information available to UNHCR through monitoring in NGCAs.
Cabinet of Ministers of Ukraine, Resolution No. 473 of 8 July 2015, available in Ukrainian at
http://www.kmu.gov.ua/control/uk/cardnpd?docid=248314703. Information also obtained by UNHCR through monitoring.

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for 2015-2016.92 This Plan of Action provides a roadmap for further regulatory measures toaddress employment and livelihoods concerns related to IDPs. On 25 August 2015, President
Poroshenko approved the National Strategy on Human Rights, which outlines the major
objectives of the State human rights policy, and refers to the protection of displaced andconflict-affected people in GCAs.93
Persons with specific needs
21. Certain categories of IDPs are reported to face particular challenges in meeting their basic
needs, including persons with limited mobility and other disabilities, persons of preretirement age, female-headed households, and elderly persons, particularly those with nofamily members or host community to support them. 94 For these groups, the general obstacles
faced by all IDPs are compounded by a lack of dedicated reception facilities and social
assistance schemes for persons with specific needs,95 with a lack of accommodation for thosewith limited mobility a particular problem. 96 With access to housing, education, andemployment opportunities being a challenge for many IDPs throughout the country, displaced
persons living with disabilities face even more obstacles in this regard.97
22. Some categories of vulnerable IDPs are not included in the government’s vulnerability
criteria. For example, persons of pre-retirement age are not eligible for State pensions, but arealso discriminated against in the employment market as employers are reluctant to hire older
workers. As a result they may find themselves without any means of financial support. These
persons are not easily identifiable within the government’s registry of IDPs.98
23. Isolated non-mobile people (such as elderly persons and persons living with disabilities) in
NGCAs are particularly vulnerable. Given the breakdown of social services in NGCAs, inparticular in rural areas and areas close to the contact line in GCAs, these people may remain
without assistance for extended periods of time. People living in institutional care facilities
are also reported to be at risk, with reports of an increased death rate due to stress-relatedcauses, malnutrition, as well as a lack of access to medicine in some facilities.99 Elderly IDPs
and IDPs living with disabilities, who may previously have had access to subsidized
medication, reportedly cannot always access these subsidies as the health budget in the areasof displacement does not provide for this, making medication unaffordable. 100 Interruptions in
supply and shortages of life-saving medicines for IDPs have also been reported. 101 Other
concerns which impact on persons living with disabilities include the inaccessibility of bomb
shelters to those who have restricted mobility, as well as lack of access to information aboutrights and services, particularly for those who are vision and hearing impaired, resulting indifficulties in accessing assistance. 102
24. From 1 December 2014 the government suspended payments of pensions and other social

92

93

94

95

96

97

98
99

100
101
102

The Plan provides for assistance to unemployed IDPs; text in Ukrainian available at http://zakon4.rada.gov.ua/laws/show/5052015-%D0%BF.
Decree No. 501/2015 adopting the National Human Rights Strategy, available in Ukrainian at
http://www.president.gov.ua/documents/5012015-19364.
UNHCR, Participatory Assessments Conducted by UNHCR and Partners in Dnipropetrovsk, Zaporizhia, Severodonetsk,
Kharkiv and Kyiv, April-May 2015, http://unhcr.org.ua/en/?option=com_content&view=article&layout=edit&id=1526.
The situation of persons living with disabilities in Ukraine was reportedly poor even prior to the conflict in the east, with limitedaccessibility of buildings, labour discrimination, lack of access to courts, and limited accessibility of educational institutions for
persons livingwith disabilities.
Ukrainian Helsinki Group, Human Rights in Ukraine –2013,
http://helsinki.org.ua/index.php?id=1398092466.
UNHCR has seen lists of available housing compiled at the municipal level; very few landlords or collective centres are ready toaccept persons with disabilities.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 February 2015, http://www.refworld.org/docid/55115a7d4.html,
para. 55; see also Report on the Human Rights Situation in Ukraine, 15 August 2015.
Information available to UNHCR through participatory assessments.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 May 2015; see also OHCHR, Report on the Human Rights
Situation in Ukraine, 15 August 2015.
Information available to UNHCR through monitoring and participatory assessments.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 August 2015.
Information available to UNHCR through participatory assessments.

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benefits in NGCAs until the re-establishment of control over these territories by Ukraine. 103
Given that this was the only source of income for many people living with disabilities andelderly people, this disruption had a serious impact on their ability to afford basic goods suchas food and medicine. It also led to displacement, since people had to move from NGCAs to
GCAs if they wished to continue receiving state benefits. The government’s decision waschallenged before the Administrative Court of Appeal, which ruled that the suspension of
payments was unlawful. 104 However, at the time of writing the Court of Appeal’s judgment
was being appealed by the government.105 Pensioners have reportedly been receiving pension
payments from the de facto authorities in ‘Donetsk People’s Republic’ (DPR) and the‘Luhansk People’s Republic’ (LPR) since April 2015. 106 Reportedly IDPs do not have toregister as IDPs in NGCAs in order to receive pensions, but will be paid their pensions in
Russian rubles on a monthly basis at the local Pension Fund administration in NGCAs.107
25. The situation of women is of particular concern. The laws and policies to protect and assist
IDPs in Ukraine do not recognize particular vulnerabilities related to gender. Instances ofsexual and gender based violence (SGBV) have been reported both during and after
displacement in GCAs.108 There have also been reports of women engaging in sexual relations
with soldiers, in exchange for material support or money. 109 Moreover, the risk of domestic
violence in Ukraine is reported to have risen sharply in the context of the ongoing conflict andthe deteriorating economic situation. Traumatized men returning from military service arereported to be responsible in part for the increase in domestic violence. 110
26. Ukraine is a country of origin, transit and destination for trafficking in men, women andchildren, with IDPs being particularly vulnerable to exploitation, due to economic hardshipand weak ties with host communities. 111
Children
27. Children often bear the brunt of displacement, with many children reported to be traumatizedby the conflict and in need of specialized psychosocial support. Gaps in the legal framework
related to IDP protection further exacerbate the situation of children affected by displacement;
for example, children born in NGCAs experience difficulties in obtaining Ukrainian birthcertificates in GCAs, since hospital certificates, which are the basis for receiving birth
registration certificates, are often not recognized in GCAs if they bear the stamp of ‘DPR’ or‘LPR’.112

103

104

105

106

107

108
109
110

111

112

The Cabinet of Ministers of Ukraine, Resolution No 595 of 7 November 2014, On Some Issues of Financing Budget Institutions,
Paying Social Benefits and Providing Financial Support to Individual Enterprises and Organizations in Donetsk and Luhansk
Regions, available in Ukrainian at http://zakon4.rada.gov.ua/laws/show/595-2014-%D0%BF.
Kyiv Administrative Court of Appeal, decision No. 826/18826/14 of 2 April 2015, available in Ukrainian at
http://reyestr.court.gov.ua/Review/43438378.
Novorossia Today, Court Verdict Obliging Ukrainian Government to Resume Paying of Retirement Pensions to the Dwellers of
Donbass will be Appealed Against, 3 April 2015, http://novorossia.today/court-verdict-obliging-ukrainian-government-toresume-paying-of-retirement-pensions-to-the-dwellers-of-donbass-will-be-appealed-against/; see also Korrespondent, Court
Decision on Pension Payments to Donbas Residents Will Be Appealed in the Court, available in Ukrainian at
http://korrespondent.net/ukraine/3499207-reshenye-po-vyplate-pensyi-zhyteliam-donbassa-obzhaluuit-v-sude.
According to the ‘pension fund’ of the DPR 523,000 pensioners living in territory under the control of the DPR received apension payment for July 2015 in rubles; figures for the LPR are not available.
Information available to UNHCR via protection monitoring in NGCAs. Those already registered in GCAs, but who apply forpensions in NGCAs, are treated on a case-by-case basis, which normally entails submitting supporting documents.
Information obtained by UNHCR during participatory assessments in the GCA at the line of contact with NGCAs.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 August 2015.
Radio Free Europe/Radio Liberty, ‘Men Return Completely Changed': Ukraine Conflict Fueling Surge in Domestic Violence, 26
August 2015, http://www.rferl.org/content/ukraine-conflict-domestic-violence/26979064.html; Newsweek, Crisis in Ukraine
Leads to a Spike in Domestic Violence, 23 April 2015, http://europe.newsweek.com/crisis-ukraine-leads-spike-domesticviolence-324441.
OSCE Special Monitoring Mission to Ukraine, Gender Dimensions of SMM’s Monitoring: One Year of Progress, 22 June 2015,
http://www.osce.org/ukraine-smm/165806; IOM, Statistical Report “Combating Trafficking in Human Beings”, 31 March 2015,
http://www.iom.org.ua/en/combating-human-trafficking; OHCHR, Report on the Human Rights Situation in Ukraine, 15February 2015, http://www.refworld.org/docid/55115a7d4.html, para. 63.
UNHCR,
UkraineSituation:
UNHCR
Operational
Update,
22
May
8
June
2015,
http://www.refworld.org/docid/55cc51494.html, p. 3.

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28. Some IDP children also report being stigmatized by their peers at school. 113 Students
completing high school in NGCAs report having difficulties in accessing university in GCAs,
with high school certificates issued in NGCAs not recognized by the Ministry of Educationand Science of Ukraine. 114
29. Concerns have been expressed about the militarization of children in NGCAs, with theintroduction of military education in schools. 115 The de facto authorities in the DPR have also
introduced a “law” lowering the age at which individuals can be employed on a full-timebasis to 14 years. This raises particular concerns in relation to displaced children who, as aresult of increased economic vulnerability, face a heightened risk of being engaged in childlabour and other human rights violations.116
Minorities
30. Since the conflict began, approximately 10,000 Roma people are estimated to have fled fromtheir residences in the eastern part of the country. 117 Since many Roma have never held
identity documents, they are often unable to register as IDPs and access government
assistance and services. There is a general lack of awareness among IDP Roma regarding theimportance and benefits of IDP registration.118 Roma IDPs are highly marginalized as a resultof multiple forms of discrimination and stigmatization. In addition to reports of physicalviolence, they have also been targeted by anti-Roma political discourse in the media.119 Host
populations are reported to be less likely to show the same generosity to Roma IDPs as toother IDPs; as a result, many Roma IDPs face additional obstacles in finding employment andaccommodation.120
31. Crimean Tatars in Crimea are reported to be at risk of arbitrary arrests, house searches,abusive questioning, accusations of promoting extremism and other manifestations of
intolerance by the Russian de facto authorities.121
32. Particular concerns have been expressed about the situation of individuals of diverse sexual
orientations and gender identities in the NGCAs. These individuals are also reported to faceserious risks in Crimea. 122 Due to broader patterns of discrimination in society, individuals ofdiverse sexual orientations and gender identities who become internally displaced are likely toface additional barriers in accessing assistance.

113

114

115

116

117

118

119
120

121
122

UNHCR, Participatory Assessments Conducted by UNHCR and Partners in Dnipropetrovsk, Zaporizhia, Kharkiv, andSeverodonetsk, April-May 2015, http://unhcr.org.ua/en/?option=com_content&view=article&layout=edit&id=1526.
Order Number 1/9-535 of 14 October 2014 states that education documents issued in Crimea and NGCAs will not have legal
validity. The Order states that students must register for and sit examinations in GCAs in order to receive Ukrainian education
certificates. OSCE Special Monitoring Mission to Ukraine, Situation Update, 23 June 2015, http://www.osce.org/ukrainesmm/166601. See also UNHCR, Participatory Assessment Conducted by UNHCR and Partners in Severodonetsk, April 2015,
http://unhcr.org.ua/en/?option=com_content&view=article&layout=edit&id=1526. The Ukrainian Government is, however,taking steps to facilitate access to education for students from NGCAs, such as providing for extended enrollment periods andextended time-frames for sitting university examinations for those students coming from NGCAs.
Kyiv Post, In Russian-Occupied Donetsk, Debate Heated over Use of Child Soldiers in War against Ukraine, 6 July 2015,
http://www.worldaffairsjournal.org/content/russian-occupied-area-ukraine-potentially-using-child-soldiers.
Legal developments in NGCAs are available at http://dnr-sovet.su/zakonodatelnaya-deyatelnost/prinyatye/zakony/,
https://nslnr.su/zakonodatelstvo/normativno-pravovaya-baza/; see also Donetsk News Agency, Parliament Allows Child Labour
from 14 Years, 29 May 2015, http://dan-news.info/politics/parlament-dnr-razreshil-legkij-trud-dlya-podrostkov-s-14-let.html.
WHO, WHO and Partners Increase Focus on Roma Population in Ukraine, 23 April 2015,
http://www.euro.who.int/en/countries/ukraine/news/news/2015/04/who-and-partners-increase-focus-on-roma-population-inukraine.
UNHCR,
Protection
Monitoring
Report,Northern
DonetskRegion,July
2015,
http://unhcr.org.ua/en/?option=com_content&view=article.
OSCE, Roma Youth as Agents for Change, New Challenges in Ukraine, 8 April 2015, http://www.osce.org/odihr/150141.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 May 2015, par. 81; UNHCR, Participatory Assessment
Conducted
by
UNHCR
and
Partners
in
Dnipropetrovsk,
April
2015,
http://unhcr.org.ua/en/?option=com_content&view=article&layout=edit&id=1526.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 May 2015.
LGBTI Human Rights Nash Mir Center and Council of LGBT Organizations of Ukraine, From Despair to Hope,
http://www.gay.org.ua/publications/lgbt_ukraine_2014-e.pdf.

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33. Religious minorities, including Protestants and Jehovah’s Witnesses, are also reported to befacing persecution in NGCAs, with buildings of worship being seized by armed men,123 andworshippers being abducted and beaten.124
Mobilization and conscription
34. The large-scale mobilization of men aged 18 to 26 years old, which began in 2014 continued
throughout 2015.125 Resistance to conscription has reportedly been growing due to a numberof factors, including objections to participation in a civil conflict where war crimes against
prisoners held by both sides have been reported, 126 and where killings of fellow countrymen
are likely to occur. Others report fears of being sent to fight with inadequate training andequipment. 127 IDPs have also voiced concerns about the possibility of being called formilitary service in their regions of origin, where they are likely to encounter their former
neighbours, and the fear that fighting for the Ukrainian army will effectively prevent themfrom returning to their homes one day, as they would be subjected to social exclusion.
Fighting in areas of origin may also expose remaining family members to security risks. 128
Whilst conscription practices vary from region to region, the government is reported to have
stepped up prosecution of those suspected of evading conscription and mobilization, 129 with
reports of coercive measures being used in certain areas.130 There are also reports of men
leaving NGCAs through the Russian Federation or by trying to avoid official bordercheckpoints, for fear of being mobilized. 131
35. There are reports of displaced men of conscription age from the Donbas being faced withresentment in some GCAs, because they are perceived as evading conscription. 132 For thesame reason, IDP families with a men of fighting age in western Ukraine report facing

123

In a statement issued on 20 May, the head of the DPR threatened to “brutally fight sects” and stated it did not recognize any
religions apart from Orthodoxy, Roman Catholicism, Islam and Judaism: OHCHR, Report on the Human Rights Situation in
Ukraine, 15 August 2015, paras 83-84; see also Jehovah’s Witnesses, Religious Buildings Seized in Eastern Regions of Ukraine,
13 February 2015, http://www.jw.org/en/news/legal/by-region/ukraine/donetsk-luhansk-religious-buildings-seized/; NPR,
UkrainianProtestants
Say
Religious
Intolerance
RisinginDonetsk,
29
March
2015,
http://www.npr.org/2015/03/29/396128363/ukrainian-protestants-say-religious-intolerance-rising-in-donetsk.
124
Jehovah’s Witnesses, Targeted for Religious Beliefs in Eastern Ukraine, 10 July 2015, http://www.jw.org/en/news/legal/byregion/ukraine/religion-persecution-jw-beliefs/; see also Center for Civil Liberties and International Partnership for Human
Rights in the framework of the Civic Solidarity Platform, When God Becomes The Weapon, Persecution Based on Religious
Beliefs in the Armed Conflict in Eastern Ukraine, April 2015, http://ccl.org.ua/wp-content/uploads/2013/07/When-GodBecomes-The-Weapon_6May2015_closed-for-editing.pdf.
125
In mid-January 2015, Ukraine’s Parliament endorsed President’s Poroshenko’s decree announcing partial de-mobilization offormerly drafted military personnel and instituting partial conscription or “mobilization”, split into three “waves”. Law No. 113VIII of 15 January 2015 On Approval of the Decree of the President of Ukraine “On Partial Mobilization”, available in
Ukrainian at http://zakon4.rada.gov.ua/laws/show/113-19; Decree of the President of Ukraine No. 15/2015 of 14 January 2015
On Partial Mobilization, available in Ukrainian at http://zakon2.rada.gov.ua/laws/show/15/2015.
126
Amnesty International, Ukraine: Overwhelming New Evidence of Prisoners Being Tortured and Killed amid Conflict, 22 May
2015, https://www.amnesty.org/en/latest/news/2015/05/ukraine-new-evidence-prisoners-tortured-and-killed-amid-conflict/.
127
Foreign Policy, The Draft Dodgers of Ukraine, 18 February 2015, http://foreignpolicy.com/2015/02/18/the-draft-dodgers-ofukraine-russia-putin.
128
Information available to UNHCR via protection monitoring.
129
From 1 July 2014 to 1 July 2015, there were 661 criminal cases recorded against draft and mobilization evaders; decisions
available at http://www.reyestr.court.gov.ua. Although the penalty for draft or mobilization evasion is two to five years, in mostcases sentences were suspended subject to a one or two year probationary period (and hence individuals convicted of draft or
mobilization evasion did not serve the full length of their sentence). As of 17 April 2015, over 3,000 criminal cases had been
opened against already recruited military personnel charged with desertion, unauthorized absence from service and evasion.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 May 2015.
130
There are reports of government staff serving summons in public places in Kharkiv; involvement of traffic police in Lviv stoppingcars and serving summons; visits by government staff to private enterprises in Kyiv, with pressure being exerted on management
to force employees to report to conscription offices. See Komsomolskaya Pravda in Ukraine, В погоне за планом: на какие
уловки идут военкомы, отлавливая призывников, 15 June 2015, http://kp.ua/politics/503192-v-pohone-za-planom-na-kakyeulovky-ydut-voenkomy-otlavlyvaia-pryzyvnykov. The first wave of partial mobilization in 2015 started in January and lasted for
90 days; the second wave started in April and lasted for 60 days. The third wave started on 19 June 2015 and lasted 60 days.
According to information available to UNHCR these coercive measures have now reportedly been discontinued.
131
Information obtained by UNHCR through assessments in NGCAs.
132
OSCE, Thematic Report: Impact of the Crisis in Ukraine on its Western Regions, 30 March 2015, http://www.osce.org/ukrainesmm/148241.

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difficulties in receiving support from host communities, renting property and finding
employment. 133
36. Ukraine’s legal framework on regular conscription provides for conscientious objection andalternative service on religious grounds for members of religious organizations registered in
Ukraine, subject to possible limitations in times of civil or military emergency.134 However,there is no clear provision on alternative service arrangements for individuals drafted throughemergency mobilization, 135 creating risks of enlistment contrary to a person’s religious
beliefs. The religious beliefs of conscientious objectors summoned in the course of the wavesof emergency mobilization in the context of the current conflict are reportedly often ignoredby conscription offices.136
37. Ukraine’s legislation regulating military mobilization procedures establishes a list of
categories of persons entitled to exemption from being drafted into the armed forces during
periods of emergency mobilization. 137 On 24 July 2015 the relevant legislation wasamended, 138 with exemptions provided for full-time students and students pursuing postgraduate degrees, teaching and research staff at universities and scientific institutions who
have post-graduate degrees, and teaching staff at other educational institutions such as highschool teachers.
38. By the time of writing there had not been any reports of a general mobilization of men in the
NGCAs. However, in mid-August 2015 members of the local population (mainly men withformer military backgrounds) started to receive notices with requests to attend the militarycommissariat for registration only.139 According to information obtained through monitoringin NGCAs, the mobilization is currently on a voluntary basis. Concerns have been expressed
about reports of children performing military duties in NGCAs, including guarding
checkpoints.140 In the LPR young men under the age of 18 have reportedly joined the military
because they saw it as the only means to obtain an income. 141
Participation in local elections
39. IDPs are eligible to vote in national elections. However, in July 2015 Parliament passed Law
No. 1706-VII,142 which limits IDP participation in local elections scheduled for 25 October

133

134

135

136

137

138
139
140

141
142

UNHCR, Participatory Assessments Conducted by UNHCR and Partners in Dnipropetrovsk, Zaporizhia, Severodonetsk andKharkiv, April-May 2015, http://unhcr.org.ua/en/?option=com_content&view=article&layout=edit&id=1526.
Law No. 1975-XII of 12 December 1991 On Alternative (Non-Military) Service, Articles 1 and 2, available in Ukrainian at
http://zakon4.rada.gov.ua/laws/show/1975-12.
Law No. 3543-XII of 21 October 1993 On Mobilizational Preparedness and Mobilization, available in Ukrainian at
http://zakon4.rada.gov.ua/laws/show/3543-12.
The Institute of Religious Freedom reports vastly differing approaches to alternative service arrangements across the country,
many of which are highly restrictive and entail criminal prosecution of conscientious objectors as draft evaders. Institute of
Religious Freedom, Alternative (Non-Military Service): Path of Reforms or Verdicts, 10 September 2015,
http://www.irs.in.ua/index.php?option=com_content&view=article&id=1596%3A1&catid=37%3Aart&Itemid=64&lang=ru. The
applicability of alternative service arrangements for conscientious objectors on religious grounds drafted through emergency
mobilization was affirmed on 23 June 2015 by Ukraine’s High Specialized Court for Civil and Criminal Cases (decision
available in Ukrainian at http://reyestr.court.gov.ua/Review/45855629), which referred to the Constitution of Ukraine andrelevant jurisprudence of the European Court of Human Rights, and determined that “lack of procedures for alternative service intime of mobilization cannot be a ground for criminal prosecution of conscientious objectors as draft evaders” and that “criminal
prosecution of an individual for observance of his/her religious beliefs by objecting to being enrolled in military service iscontrary to Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”
Law No. 3543-XII of 21 October 1993 On Mobilizational Preparedness and Mobilization envisages exemption of the following
groups of people from being drafted into the military during mobilization: employees of State authorities; local self-governancebodies; enterprises, institutions and organizations blocked for the mobilization period; persons recognized as unfit to serve due tohealth condition subject to certification every six months; caregivers to three and more children below 18 years old; single
parents of children below the age of 18 years; caregivers of children with severe disabilities; legal guardians and foster parents oforphans or children deprived of parental care; caregivers to spouses or parents in severe medical condition; and parliamentarians.
Law No. 570-VIII of 24 July 2015, available in Ukrainian at http://zakon2.rada.gov.ua/laws/show/570-19.
Information obtained by UNHCR through monitoring in NGCA.
OSCE Special Monitoring Mission to Ukraine, Latest from OSCE Special Monitoring Mission (SMM) to Ukraine based on
Information Received as of 19:30 (Kyiv time), 28 May 2015, 29 May 2015, http://www.osce.org/ukraine-smm/160931.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 August 2015, para 92.
LawNo.
2831-3
of
14
July
2014
On
Local
Elections,availablein
Ukrainianat
http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=55377.

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2015.143 According to this law, a person needs to be a permanent resident in the relevant
constituency in order to exercise the right to vote. As most IDPs have not yet been able toestablish themselves as permanent residents in the constituencies where they now live, they
are effectively disenfranchised. Independent analysts have criticized this law for being
contrary to the Constitution and laws of Ukraine, as it may impede IDPs’ involvement in thegovernance of host communities. 144 IDPs have themselves expressed frustration with their
non-participation.145

Nationals and Habitual Residents of Ukraine who seek international protection Individual Asylum and Refugee Status Determination Procedures
40. All claims of persons from Ukraine applying for international protection should be processedin fair and efficient procedures in accordance with existing asylum or refugee statusdetermination frameworks.146 For some individuals whose claim had been rejected prior to thecurrent events, the situation now may give rise to changed circumstances, which need to beconsidered if a new asylum claim is submitted. Claims for international protection made bypersons having been involved in recent developments, including, for example, political andreligious activists, journalists, members of minorities, and human rights defenders may need
to be given particular attention. Some Ukrainians also put forth claims for international
protection relating to a fear of being conscripted into the armed forces. 147 Persons with
relevant profiles may be in need of international protection in accordance with the 1951
Convention for reason of (imputed) political opinion or for reasons related to other 1951
Convention grounds.
41. All claims should be considered on an individual basis, taking into account the particular
circumstances of each case. There may be persons who have been associated with excludable
acts in the sense of Article 1F of the 1951 Convention.148 In such cases, it will be necessary to
examine carefully any issues of individual responsibility for crimes which may give rise to
exclusion from international refugee protection.

Internal Flight or Relocation Alternative
42. An analysis of the possible application of an internal flight or relocation alternative(IFA/IRA) requires an assessment of the “relevance” as well as the “reasonableness” of the

143

144

145
146

147

148

Parliament of Ukraine, Resolution No. 645-VIII of 17 July 2015 On Setting Scheduled Elections of Deputies of Local Councils
and Village, Town and City Mayors in 2015, available in Ukrainian at http://zakon4.rada.gov.ua/laws/show/645-19.
Informator.Ig.ua, New Law for IDPs: With a Stamp but Without a Vote, 29 July 2015, http://informator.lg.ua/?p=108611. On 12
August 2015, an amendment to this law was registered with Parliament. This amendment provides for IDPs to be included in theelectoral
list
and
to
allow
them
to
vote
in
local
elections.
Textavailableat
http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=56262.
Information obtained by UNHCR through monitoring and participatory assessments.
Applicable frameworks include that of the Convention relating to the Status of Refugees, 28 July 1951, United Nations Treaty
Series, vol. 189, p. 137, http://www.refworld.org/docid/3be01b964.html and its Protocol Relating to the Status of Refugees, 31
January 1967, United Nations, Treaty Series, vol. 606, p. 267, http://www.refworld.org/docid/3ae6b3ae4.html; and the EU
Qualification Directive relating to refugees or persons in need of subsidiary protection (European Union, Directive 2011/95/EUof the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons
as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection,and for the content of the protection granted (recast), 13 December 2011, http://www.refworld.org/docid/4f06fa5e2.html). In theevent that asylum-seekers from Ukraine seek international protection in other parts of the world, other regional frameworks
would apply, including the 1969 OAU Convention (Convention Governing the Specific Aspects of Refugee Problems in Africa,
10
September
1969,
1001
UnitedNations
TreatySeries,
vol.
1001,
p.
45,
http://www.unhcr.org/refworld/docid/3ae6b36018.html), and the Cartagena Declaration (Cartagena Declaration on Refugees,
Colloquium on the International Protection of Refugees in Central America, Mexico and Panama, 22 November 1984,
http://www.refworld.org/docid/3ae6b36ec.html). Although the Cartagena Declaration (unlike the OAU Convention) is included
in a non-binding regional instrument, the Cartagena refugee definition has attained a particular standing in the region, not least
through its incorporation into 14 national laws and State practice.
For the adjudication of such claims, see UNHCR, Guidelines on International Protection No. 10: Claims to Refugee Status
Related to Military Service within the Context of Article 1A (2) of the 1951 Convention and/or the 1967 Protocol Relating to the
Status of Refugees, 3 December 2013, HCR/GIP/13/10/Corr. 1, http://www.refworld.org/docid/529ee33b4.html.
UNHCR, Guidelines on International Protection No. 5: Application of the Exclusion Clauses: Article 1F of the 1951 Convention
Relating to the Status of Refugees, 4 September 2003, CR/GIP/03/05, http://www.unhcr.org/refworld/docid/3f5857684.html.

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proposed IFA/IRA. 149 In the current circumstances in Ukraine, an IFA/IRA may be relevant
for individuals in areas of the country not affected by recent events.150
43. If an IFA/IRA is deemed relevant, it must be determined, on a case-by-case basis, whether an
IFA/IRA is “reasonable”, taking into account the personal circumstances of the applicant. 151
A number of factors need to be considered in order to evaluate whether the individual would
be able to live a relatively normal life without undue hardship in the area of relocation, given
his or her situation. These include the safety and security situation in the proposed area of
relocation, respect for human rights in that area, and the possibilities for economic survival. 152
For reasons related to the observations made in the preceding sections, for some persons,depending on the individual circumstances of the case, the “reasonableness” criteria may not
be met.
44. Factors to be considered in assessing the reasonableness of a proposed IFA/IRA include thefact that the person concerned would likely end up in an IDP-like situation. To assess thereasonableness of such an outcome, the following considerations need to be taken into
account, as well as their cumulative effect on the individual concerned.
a) Access to livelihoods
45. While the government has put limited assistance programmes in place, as noted above, thescope and scale of these assistance programmes is insufficient to meet the needs of many
individuals and families, including in particular persons who have specific needs for reason of
their age, gender, health or disability. A sharp rise in food and utility prices, coupled withlimited access to employment is posing further challenges for IDPs.153 Even healthy and ablebodied IDPs may not succeed in providing for their own essentials needs as well as those of
their family, due to reported discrimination against IDPs on the labour market, as well as
exploitation of IDPs by certain employers.154b) Access to accommodation
46. A saturated housing market, lack of government-provided housing and an increase in rental
prices in many areas hosting IDPs has led to a shortage of accommodation options for IDPs.
Some of the available accommodation is in very poor condition and is often wholly
inadequate for winter conditions. The financial assistance provided by the government isreportedly insufficient to cover rising rental prices, and is also only provided for a limited
period of time. 155c) Access to healthcare

149

150

151
152
153

154

155

The decision-maker bears the burden of proof of establishing that an analysis of relocation is relevant to the particular case. If
considered relevant, it is up to the party asserting this to identify the proposed area of relocation and provide evidence
establishing that it is a reasonable alternative for the individual concerned. See UNHCR, Guidelines on International Protection
No. 4: Internal Flight or Relocation Alternative" within the Context of Article 1A(2) of the 1951 Convention and/or 1967
Protocol Relating to the Status of Refugees, HCR/GIP/03/04, 23 July 2003, http://www.refworld.org/pdfid/3f2791a44.pdf, paras.
33-35. UNHCR considers that a similar analysis would apply when the applicability of an IFA is considered in the context ofdetermining eligibility for subsidiary protection.
For an IFA/IRA to be relevant, the proposed area of relocation must be practically, safely and legally accessible. Further, where
the claimant has a well-founded fear of persecution at the hands of the State and its agents, there is a presumption thatconsideration of an IFA/IRA is not relevant for areas under the control of the State. If the applicant fears persecution by a nonState agent of persecution, the ability to pursue the claimant in the proposed area and the State’s ability to provide protection
there must be considered: UNHCR, Guidelines on International Protection No. 4, paras 9-21.
UNHCR, Guidelines on International Protection No. 4, paras 25-26.
Ibid, paras 24, 27-30.
Radio
Free
Europe/Radio
Liberty,Live
Blog:
Ukrainein
Crisis,
16
July,
2015,
http://www.rferl.org/contentlive/liveblog/26805126.html; see also WFP, Market Update on Ukraine, April – May 2015,
http://documents.wfp.org/stellent/groups/public/documents/ena/wfp276287.pdf.
As reported to UNHCR and partners. Even when IDPs are able to find work, they report being paid lower wages than others in
the host community, as employers are aware of their desperate financial situation.
IRIN, Displaced Ukrainians Face Housing Crises, 22 June 2015, http://www.irinnews.org/report/101659/displaced-ukrainiansface-housing-crisis.

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47. IDPs with medical needs face particular difficulties. Pensioners who may have been entitledto medication at subsidized prices are often not able to access this in their location of
displacement, as the healthcare budget of local authorities does not provide for IDPs, thus
making essential medicines unaffordable. 156 Given the shortage of drugs in Ukraine forpatients with HIV or drug-resistant tuberculosis, individuals affected by these conditions may
not be able to access life-saving medication. 157 Furthermore, specialized medical or
psychological services for survivors of torture, violence and trauma are generally notaccessible because of high cost and limited availability.158d) Access to other essential services
48. IDP registration excludes certain groups, such as those lacking the required identity
documents (including Roma). These unregistered displaced individuals cannot accessgovernment funded financial assistance nor government services.
e) Obstacles to integration
49. Discrimination and the country’s deteriorating economic conditions have contributed todifficulty for IDPs in establishing themselves in the area of displacement.159 Lack of family orcommunity support further compounds this difficulty. There is some host community
resentment against IDPs for a number of reasons, including the fact that IDPs are perceived tohave pro-Russian political allegiances. Competition for scarce resources, such as jobs andaccommodation, as well as a perception that IDPs are entitled to assistance not granted toother Ukrainians, who may also be facing economic hardship, has contributed to further
stigmatization and discrimination in the rental and employment market.160
50. In light of the information provided in the preceding sections, UNHCR considers thatparticular attention must be paid to the individual characteristics of the following groups of
persons in assessing the reasonableness of a proposed IFA/IRA:a) Women (see in particular paras 25-26);b) Children (see in particular paras 27-29);c) Persons living with disabilities (see in particular paras 7, 21, 23-24, 45);d) Roma (see in particular para. 30);e) Persons of diverse sexual orientations and gender identities (see in particular para.
32);f) Men of conscription age and their families (see in particular paras 34-38).

Sur Place claims by Nationals and Habitual Residents of Ukraine

156

157

158

159
160

As
reported
to
UNHCR
duringparticipatory
assessments,
http://unhcr.org.ua/en/?option=com_content&view=article&layout=edit&id=1526.
Al-Jazeera
America,War
in
UkraineThreatens
toWorsenHIV
Crisis,26
January2015,
http://america.aljazeera.com/articles/2015/1/26/war-in-ukraine-threatens-to-worsen-hiv-crisis.html; information available to
UNHCR via protection monitoring and inter-cluster communication; see also AFP, Ukraine Faces Looming HIV Treatment
Shortage, 27 May 2015, http://reliefweb.int/report/ukraine/ukraine-faces-looming-hiv-treatment-shortage; UPI, UN Envoy
Reports 8000 HIV-AIDS Patients at Risk in Eastern Ukraine Due to Blockade, 20 July 2015,
http://www.upi.com/Top_News/World-News/2015/07/20/UN-envoy-reports-8000-HIVAIDS-patients-at-risk-in-easternUkraine-due-to-blockade/4951437410052/.
OCHA,
UkraineSituation
ReportNo.
27,
13
February
2015,
https://www.humanitarianresponse.info/system/files/documents/files/UKRAINE_SituationReport_130215.pdf; see also WHO,WHO Increases Humanitarian Efforts as Crisis in Ukraine Continues, 17 February 2015, http://reliefweb.int/report/ukraine/whoincreases-humanitarian-efforts-crisis-ukraine-continues.
OHCHR, Report on the Human Rights Situation in Ukraine, 15 May 2015.
Internews Europe, Understanding Information and Communication Needs Among IDPs in Eastern Ukraine: Trapped in
Propaganda
War.
Abandoned.
Frustrated.
Stigmatized.,
February2015,
http://www.internews.org/sites/default/files/resources/Internews_IDPS_EasternUkraine_2015-02-11.pdf.

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51. The number of sur place asylum applications by Ukrainian nationals has remained stable inseveral countries, including several EU member States and the Russian Federation. 161 At thesame time it is recognized that since many Ukrainians (or former habitual residents of
Ukraine) benefit from other residency statuses or visas, related to, for example, studies orwork, granted before the escalation of unrest and violence in Ukraine, or benefit from thevisa-free regime in the Russian Federation, 162 there is a potential for a further increase in sur
place claims. Against this background, UNHCR recommends, where possible andappropriate, to have these statuses/visas extended for as long as necessary. Persons benefitingfrom such arrangements would of course not be prevented from applying for asylum, if theywish to do so.

Designation of Ukraine as Safe Country of Origin
52. In the current circumstances, UNHCR does not consider a designation of Ukraine as a “safecountry of origin” to be appropriate. States should remove Ukraine from “safe country oforigin” lists. UNHCR accordingly calls on governments not to apply accelerated procedureswith reduced procedural safeguards (including non-suspensive appeals) to applications forinternational protection by Ukrainian nationals or habitual residents of Ukraine; and not tosubject these persons to different reception conditions than other applicants for international
protection.

Refugees and Asylum-Seekers (Third Country Nationals)
53. Third country nationals may also choose or be compelled to leave Ukraine as a result ofdevelopments related to the conflict. Among these persons, there may be those who wererecognized as refugees, granted complementary protection or registered as asylum-seekers in
Ukraine. Afghan and Syrian nationals are among the largest groups of asylum-seekers andrefugees in Ukraine. 163 Ukraine has been and remains a transit and destination country forrefugees and people otherwise in need of international protection from third countries. If
travelling onwards, these persons should be referred to national asylum procedures forconsideration of their applications for international protection. In addition, there may be third
country nationals or stateless persons who resided in Ukraine before seeking international
protection elsewhere and who had not or not yet applied for international protection in
Ukraine. UNHCR recommends that these persons also be referred to the national asylum
procedure in the country where they seek international protection.

Designation of Ukraine as Safe Third Country
54. UNHCR does not consider it appropriate for States to designate or maintain a designation of
Ukraine as a so-called “safe third country”. The designation of a country as a “safe third
country” may result in a request for international protection not being considered on its merits
but declared inadmissible, or processed in an accelerated procedure with reduced procedural
safeguards. Even before the current unrest, UNHCR considered that Ukraine should not be
considered as a safe third country, on account of identified shortcomings in the national
asylum system. 164 UNHCR requests States to consider asylum applications from third country
161
162

163

164

Information available to UNHCR.
For example, according to the Federal Migration Service of the Russian Federation, as of July 2015, Ukrainian nationals can
extend their stay in the Russian Federation for an additional 90 days, based on visa-free regime regulations: see
http://www.fms.gov.ru/press/news/news_detail.php?ID=152773. According to the Human Rights and Civil Society Council of
the Russian Federation President’s Office, this decision was taken because many Ukrainians who left the Donetsk and Luhansk
regions of Ukraine have not yet been able to regularize their stay through extended legal status. The Council recommends these
Ukrainian nationals to apply for temporary asylum, which would entitle them to a one-year stay and work permit in the RussianFederation: see http://president-sovet.ru/presscenter/news/read/2611/.
See UNHCR, Asylum Trends 2014: Levels and Trends in Industrialized Countries, http://www.unhcr.org/551128679.html,
http://unhcr.org/54aa91d89.html, and its annexes (Excel tables) at http://www.unhcr.org/statistics/2014AsylumTrends.zip andhttp:/www.unhcr.org/statistics/mid2014stats.zip. Detailed updated statistics available to UNHCR.
UNHCR, Ukraine as a Country of Asylum. Observations on the Situation of Asylum-Seekers and Refugees in Ukraine, July 2013,
http://www.refworld.org/docid/51ee97344.html.

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nationals who previously resided in or transited through Ukraine in fair and efficient
procedures with the full range of procedural guarantees in place.

Third Country Nationals and the Use of Readmission agreements
55. UNHCR would, in the current circumstances, advise caution regarding the return of third
country nationals to Ukraine in accordance with the terms of bilateral or regional readmissionagreements. Readmission agreements usually exclude, in principle, asylum-seekers or persons
in need of international protection from their scope. However, where such agreements areapplied to third country nationals in combination with a “safe third country” designation, theirapplication can result in individuals being sent back to Ukraine who have not had an
opportunity to submit a claim for international protection or who have not had such a claim
reviewed on its merits in a fair procedure.

Updating and review
56. UNHCR’s position will be reviewed as the situation evolves and will be updated asnecessary.
UNHCR
September 201519/19