What rights of refugees are most often violated in Ukraine

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Even before the full-scale invasion, Ukraine was both a transit country and a final destination for people fleeing persecution and violence in other parts of the world. After February 24, 2022, they also face threats of war every day. Refugees and asylum seekers remain one of the most vulnerable categories of the population in Ukraine. They came here not in search of a better fate, but fleeing wars and persecution in their countries. Since the beginning of last year, challenges and problems in the lives of these people have increased significantly. In particular, the process of applying for international protection has become more difficult for them, and the risks of being detained or deported to the countries from which they fled and to which they are afraid to return have increased. “We were fined when applying to the migration service” In 2021, approximately 5,000 refugees and people seeking protection traveled to Ukraine or transited to the EU. According to the UN, more than a thousand of them went abroad in the first half of 2022. This means that about 75% of such people may still be inside the country. Recently, the BF “Right to Protection” together with HIAS conducted a study to study the problems that refugees and protection seekers most often face in Ukraine during martial law. It collected the results of a survey of 168 respondents (most of whom were beneficiaries of the “Right to Protection” Charitable Foundation), information from other non-governmental organizations, and the conclusions of the UNHCR in Ukraine. The greatest number of difficulties these people currently face when applying for international protection. On February 24, 2022, the State Migration Service of Ukraine suspended the work of its territorial offices, subdivisions, as well as information systems. Activities were partially resumed only in the middle of March in relatively safe areas. However, the territorial authorities of the DMS still use the state of war as an excuse to stop registration or consideration of applications for recognition as a refugee or a person in need of additional protection. At the same time, neither the Law “On the Legal Regime of Martial Law” nor the Decree of the President of Ukraine “On Extending the Term of Martial Law in Ukraine” limit the right of people to seek protection in Ukraine. Often, during refusals, the State Migration Service of Ukraine refers to Article 9 of the Convention on the Status of Refugees of 1951. The document states that in times of war or other extraordinary circumstances, Contracting States have the right to take temporary measures against individuals until they have determined whether they are refugees and if they consider this necessary for national security. “However, Article 9 does not support the idea of ​​derogating from all obligations to protect refugees that States Parties to the Convention have undertaken, including the right to apply for international protection. Furthermore, temporary measures under this Article must be necessary to protect national security, and should be applied in relation to a specific person, and not in general,” said Karen Whiting, Deputy Representative of the UNHCR in Ukraine on Protection Issues. Some protection seekers and refugees have encountered cases where their applications for protection have been rejected without any written notification and explanation of the reasons for the rejection. And without appropriate documents, they are considered illegal. There are already known cases of fines and detention for illegal stay or entry. But worst of all, people are at risk of being forcibly returned to the countries from which they fled. At the same time, some of them were fined simply when applying to the territorial authorities of the State Migration Service with an application to be recognized as a refugee or a person in need of additional protection. “We were fined when we applied to the migration service,” said a woman with three children, who is seeking protection in Ukraine, on condition of anonymity. “I cannot work outside Kyiv, my documents are regularly checked” If Ukrainians have the opportunity to go abroad without any particular problems, then refugees and protection seekers, who are also fleeing the war, cannot move freely even within the country. After the start of the full-scale invasion, EU member states did not require a visa or biometric passport to cross the border from Ukraine. However, in practice, from around April 2022, refugees and asylum seekers must provide their travel documents (documents that prove the identity of the owner and give him the right to enter and leave Ukraine), as well as obtain a visa for traveling to the EU. For most of them, this is an overwhelming task. Protection seekers may not have travel documents at all. After all, because of the persecution, they are afraid to apply for their production or renewal to the embassies of their countries. In the conditions of war, many such people remain undocumented precisely because of the difficulties that arise when applying for protection. Therefore, any movement through the territory of Ukraine for them is a threat of detention and forced deportation. “I cannot work outside Kyiv, my freedom of movement is limited by regular document checks,” said the protection seeker on condition of anonymity. “I live in Chuguyev, so I can’t go. There are many roadblocks. My city is regularly shelled, so I live in a basement,” said the protection seeker, a man with two children, on condition of anonymity. “I do not have access to humanitarian aid” The legislation of Ukraine establishes a minimum standard of living that must be provided to asylum seekers and refugees. But due to the fact that people cannot apply for recognition as a refugee or a person in need of additional protection, they cannot claim either state social support or assistance from most non-governmental and international organizations. The “Rokada” charitable foundation noted that refugees, who are also internally displaced persons, often do not receive humanitarian assistance due to the lack of necessary documents and access to the state website and “Diya” application. “I only have a document granting protection (UNHCR support letter – author’s explanation). I, for example, cannot use Diya. I cannot receive humanitarian aid,” said a man with two children, a protection seeker, on condition of anonymity in Ukraine. Many refugees and asylum seekers say they want to learn the language, find a job or start their own business. However, without access to livelihoods, this is very difficult to do. In addition, they report problems with the recognition of their documents by state institutions, as well as unsatisfactory access to social or medical services, the labor market, and housing. “I’ve been living in Ukraine for 22 years, but I don’t have a normal document. The certificate is just a piece of paper for the authorities. I can’t officially get a job,” said a man seeking protection in Ukraine on condition of anonymity. Although our government is currently facing significant challenges related to the war, this does not relieve Ukraine of its obligations to protect the rights of refugees and asylum seekers. On the contrary, the full-scale invasion showed how important the protection of human rights is now. However, Ukraine still lacks solutions and practices that would help refugees arrange their lives in our country. Nataliya Krynytska, a legal analyst at “Right to Defense”, notes that access to an effective defense procedure should be guaranteed not only by international treaties signed by Ukraine. “Given Ukraine’s status as a candidate for membership of the European Union, Ukraine must effectively implement the rules, standards and policies that make up EU law (acquis), including in the field of providing protection,” Nataliya Krynytska said. BF “Right to Defense” shared with the responsible bodies of the state authorities of Ukraine the results of the study, in which he talked about the above-mentioned problems. In particular, about the lack of effective access in Ukraine to the procedure for determining the status of a refugee or a person in need of additional protection. At the same time, I received a response from the State Migration Service of Ukraine that the resolution of these issues is possible only after the end or cessation of martial law. The full-scale invasion really changed a lot in the lives of Ukrainians. However, it once again showed all of us how important the protection of human rights is today. The lack of feedback from the main government institutions regarding the difficulties of protection seekers and refugees only makes life more difficult for these people. They remain without documents, do not have basic means of subsistence and cannot start a full life here. They are a minority, so there is a threat that they will never hear about the problems of these people. Refugees and asylum seekers who cannot obtain documents face not only war, but also detention at roadblocks or on the streets. Many of them remain in the frontline areas due to fear of detention. All this also threatens their lives. That is why, despite the challenges of the times, we must be concerned and do everything to ensure that the rights of asylum seekers and refugees in Ukraine are properly respected. Svitlana Butenko, manager of the program of legal assistance to refugees and protection seekers of the BF “Right to Protection”, especially for UP. Life Publications in the “View” section are not editorial articles and reflect exclusively the author’s point of view.

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