Interviews Commissioner Valerie Lutkovska chief editor of "Migration" ...
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Ukraine Parliamentary Commissioner for Human Rights
Interviews Commissioner Valerie Lutkovska chief editor of "Migration" Ivan Suprunovskomu
30.06.2015
Interviews Commissioner Valerie Lutkovska chief editor of "Migration" Ivan Suprunovskomu
Dear Valeria! In recent years Ukraine faced with challenges which had never since independence. Crimean question, the fighting in the east, the flow of immigrants.
I ask you to answer questions that are very concerned about the readers of the newspaper.
- You just returned from Geneva, where he attended the 29th session of the UN Human Rights Council. During the session, the discussion of the report of the Special Rapporteur on the rights of internally displaced persons (IDPs) You stood with his assessment of the situation in Ukraine. What you focused the session?
- First of all, I informed them that the first days of the deployment of the events connected with the occupation of the Autonomous Republic of Crimea and in Sevastopol. And armed conflict in the east of Ukraine, I have introduced special monitoring of human IDPs and those who stayed in temporarily occupied territory and in areas of counter-terrorism operations.
In May 2014, I appealed to the Government on the need for legislative regulation of the status of IDPs and their social security, the definition of a single body to coordinate the work of all state bodies whose powers include the issue of the rights and freedoms of migrants, as well as the development of common approaches to accounting and software the needs of this category of people.
It should be noted that the purpose of proactive monitoring human rights of internally displaced persons in September 2014 to consolidate efforts of the Office of the Ombudsman and NGOs, on my initiative and with the support of UNDP in Ukraine created and operates Resource Centre to assist IDPs. Office of the Commissioner, together with representatives of CSOs, provided necessary consultations internally displaced persons, conducted monitoring visits to places of compact residence.
In addition, the implementation of the recommendations of several international organizations I have created a special representative of the Ombudsman on the rights of IDPs.
Unfortunately, so far not developed a comprehensive state program of integration, social adaptation and protection of IDPs, which should include in particular the issue of this category of persons housing, social protection, employment, education, health care, compensation for lost or damaged housing and so on. The program should also clearly identify the sources of funding for adaptation and meeting the needs of IDPs.
Despite my repeated requests, the Government has not taken any act aimed at a comprehensive solution to the issue of organized removal of people who are in residential institutions of education, health, social security, held in prisons and detention centers, in the safe territory of Ukraine. In addition, the process of evacuation, including residents from the zone of the antiterrorist operation occurred spontaneously, mainly at promoting civil society initiatives.
- What problematic issues often turn to internally displaced persons Ombudsman?
- The largest number of complaints concerning housing. Given that the State can in a very short time to create new housing for displaced people placed in homes, adapted for living in winter conditions, departmental hostels and more. We offer temporary accommodation and rural houses where no one lives. Of course, there those conditions, that is in city apartments, but all the same, as they say, there is a roof over your head
A large number of complaints of temporary migrants applies to pension and social benefits for the new place of residence. However, it should be noted, the system of pension payments already largely adjusted. Currently, there is a simplified procedure, and when the man turns to the relevant department of the Pension fund to transfer the pension certificate requires only that the person is internally displaced (ie need to register) pension certificate and passport of citizen of Ukraine.
Not fully resolved the issue of social benefits, including social insurance against temporary disability or industrial accidents. The law provides that these two funds have to adopt the provisions of the new order of payments to the actual place of residence, but, unfortunately, these provisions are not yet approved.
There are also numerous appeals to restore lost documents. The provisions of the Law of Ukraine "On the rights and freedoms of internally displaced persons" provide that a person may apply to any nearest territorial division of the State Migration Service to update documents that identity. Many internal migrants, in particular disturbing the procedure granting certificates certifying the status of internally displaced persons. But you can understand the policy, which should take care about the fate of these people, plan them the necessary life support, and it is necessary to have reliable information on the number and categories of internally displaced persons.
It should be noted that based on the provisions of the said law, internally displaced persons may not only be the person who lived in the conflict area, but one that has a property there or worked there. However, the government decree, which regulates the procedure of registration and issuance of certificate provides that such a certificate is issued on the basis of registration of permanent residence in the locality. That discrepancy requirements of the provisions of the law complicates the procedure of obtaining the status of internally displaced persons with the consequences.
- What, in your opinion, can now swing to positive on the rights of IDPs?
- Currently, the results of monitoring human IDPs indicate that the highest human IDPs whole range of obligations of the state is observed only in access to education. Ministry of Education simplified procedure for the transfer of the child from occupied territory to kindergarten or school, located in government-controlled territory. Simplified procedure for students receiving school certificates (end of grade 9) and certificates graduates. As of today, according to the Ministry of Education, outside the occupied territories has trained 46,700 students and preschool children from the Donetsk region and 26 500 pupils and preschoolers from the Lugansk region.
- The procedure for issuing permits to cross the contact line controlled by the Government of Ukraine and uncontrolled territories was very imperfect and caused serious discussion in which, as far as I know, the Commissioner took an active part. Now the order changed. What are these changes?
- As you know, the Interim order of control over the movement of persons, vehicles and goods along the contact line within the Donetsk and Lugansk regions has been approved by the First Deputy Head of the Antiterrorist Centre of the Security Service of Ukraine of 22 January 2015 number 27.
I repeatedly expressed its position, including the leadership of law enforcement, the Anti-Terrorist Centre of the Security Service of Ukraine in the media about the imbalance of the provisions approved manner and the urgent need to make changes to the procedure of crossing the contact line.
In May of this year I took part in the round table "Ways of improving the throughput of the system within the Donetsk and Lugansk regions," the results of which set up a working group on improving the existing procedure of crossing the contact line, to prevent violations of human rights and safety of people, and composed of a representative of the Ombudsman on the rights of internally displaced persons. Proposals to representatives of the Ombudsman with the interim order partially taken into account in the new version, which was introduced with effect from 16 June 2015.
In particular, the amended interim order defined conditions intersection collision persons 16 years and those who were born in 1998 and later, as a result of ATO could not get a passport of citizen of Ukraine. Such persons will cross the contact line provided pred`yavlennya copy or original birth certificate or other document confirming identity and makes it possible to identify the person necessarily accompanied by adult.
In addition, the conditions of crossing the contact line of children born on the territory uncontrolled by the Ukrainian authorities after the start of ATO and, accordingly, have no birth certificate. According to the order, crossing the contact line such children is subject pred`yavlennya passport and permit a person accompanied by a child leaves the uncontrolled territory.
The intersection of the contact line on private vehicles is now possible in the presence of technical passport and document confirming the ownership of the vehicles (or notarized power of attorney), that is a separate space for vehicles no longer needed.
At the same time, the working group will continue to work on improving the provisions of the interim order.
- How do you, dear Valeria, working with Dezhavnoyu Migration Service of Ukraine to address IDPs?
- Before the Ombudsman received numerous requests from IDPs regarding the impossibility of the realization of their fundamental rights and freedoms because of the lack of registration of residence.
This is especially true of people, including university graduates, who were removed from the register by previous place of residence and in connection with in the Luhansk and Donetsk regions antiterrorist operation did not have time to register permanent residence and persons who receive New passport of citizen of Ukraine for actual residence.
In this regard, the State Migration Service of Ukraine was directed to review appropriate treatment of the issues and express positions on the possibility of establishing effective mechanisms to ensure the registration of the place of residence of those who left the temporarily occupied territories and were not able to because of the counterterrorist operation to register residence.
Besides these issues, as well as the issue of restoration of lost documents and obtain new regularly discussed during the workshops Ombudsman with the leadership of the State Migration Service of Ukraine.
Note: As of June 2015 to the territorial bodies of the State Migration Service of Ukraine for the restoration of lost documents and issuance of new applied 17750 internally displaced people, including 17,746 satisfied.
- What is, in your opinion, the problem of internally displaced persons currently require immediate solution?
- First, you need to quickly develop and approve the state program, which clearly outline how we will adapt and reintegrate internally displaced persons.
In addition, I have also repeatedly appealed to the leadership of the government with a proposal that was defined only state body that will be responsible for implementation of state policies for internally displaced persons, as they currently have over one million. All uncoordinated action on issues of accommodation, employment, training, internal migrants will not have good results.
There is also the problem that the financing needs of internally displaced persons primarily granted to local budgets, which in the current economic circumstances may not always meet the needs of most communities. This situation is excessive burden on social communities, which sometimes annoys local residents. Therefore, the necessary legislative changes that provide for allocation for the purpose of additional funds from the state budget.
I have repeatedly stressed that the state must change the whole paradigm of perception and attitude to IDPs. Do not take them as a problem or a burden, but rather they should be seen as a potential driving force of the country. And our common task is to help the country understand this, together offer options such legal regulation which will fully realize the creative, scientific and labor potential of those who in these difficult circumstances, have to start all over again.
I ask you to answer questions that are very concerned about the readers of the newspaper.
- You just returned from Geneva, where he attended the 29th session of the UN Human Rights Council. During the session, the discussion of the report of the Special Rapporteur on the rights of internally displaced persons (IDPs) You stood with his assessment of the situation in Ukraine. What you focused the session?
- First of all, I informed them that the first days of the deployment of the events connected with the occupation of the Autonomous Republic of Crimea and in Sevastopol. And armed conflict in the east of Ukraine, I have introduced special monitoring of human IDPs and those who stayed in temporarily occupied territory and in areas of counter-terrorism operations.
In May 2014, I appealed to the Government on the need for legislative regulation of the status of IDPs and their social security, the definition of a single body to coordinate the work of all state bodies whose powers include the issue of the rights and freedoms of migrants, as well as the development of common approaches to accounting and software the needs of this category of people.
It should be noted that the purpose of proactive monitoring human rights of internally displaced persons in September 2014 to consolidate efforts of the Office of the Ombudsman and NGOs, on my initiative and with the support of UNDP in Ukraine created and operates Resource Centre to assist IDPs. Office of the Commissioner, together with representatives of CSOs, provided necessary consultations internally displaced persons, conducted monitoring visits to places of compact residence.
In addition, the implementation of the recommendations of several international organizations I have created a special representative of the Ombudsman on the rights of IDPs.
Unfortunately, so far not developed a comprehensive state program of integration, social adaptation and protection of IDPs, which should include in particular the issue of this category of persons housing, social protection, employment, education, health care, compensation for lost or damaged housing and so on. The program should also clearly identify the sources of funding for adaptation and meeting the needs of IDPs.
Despite my repeated requests, the Government has not taken any act aimed at a comprehensive solution to the issue of organized removal of people who are in residential institutions of education, health, social security, held in prisons and detention centers, in the safe territory of Ukraine. In addition, the process of evacuation, including residents from the zone of the antiterrorist operation occurred spontaneously, mainly at promoting civil society initiatives.
- What problematic issues often turn to internally displaced persons Ombudsman?
- The largest number of complaints concerning housing. Given that the State can in a very short time to create new housing for displaced people placed in homes, adapted for living in winter conditions, departmental hostels and more. We offer temporary accommodation and rural houses where no one lives. Of course, there those conditions, that is in city apartments, but all the same, as they say, there is a roof over your head
A large number of complaints of temporary migrants applies to pension and social benefits for the new place of residence. However, it should be noted, the system of pension payments already largely adjusted. Currently, there is a simplified procedure, and when the man turns to the relevant department of the Pension fund to transfer the pension certificate requires only that the person is internally displaced (ie need to register) pension certificate and passport of citizen of Ukraine.
Not fully resolved the issue of social benefits, including social insurance against temporary disability or industrial accidents. The law provides that these two funds have to adopt the provisions of the new order of payments to the actual place of residence, but, unfortunately, these provisions are not yet approved.
There are also numerous appeals to restore lost documents. The provisions of the Law of Ukraine "On the rights and freedoms of internally displaced persons" provide that a person may apply to any nearest territorial division of the State Migration Service to update documents that identity. Many internal migrants, in particular disturbing the procedure granting certificates certifying the status of internally displaced persons. But you can understand the policy, which should take care about the fate of these people, plan them the necessary life support, and it is necessary to have reliable information on the number and categories of internally displaced persons.
It should be noted that based on the provisions of the said law, internally displaced persons may not only be the person who lived in the conflict area, but one that has a property there or worked there. However, the government decree, which regulates the procedure of registration and issuance of certificate provides that such a certificate is issued on the basis of registration of permanent residence in the locality. That discrepancy requirements of the provisions of the law complicates the procedure of obtaining the status of internally displaced persons with the consequences.
- What, in your opinion, can now swing to positive on the rights of IDPs?
- Currently, the results of monitoring human IDPs indicate that the highest human IDPs whole range of obligations of the state is observed only in access to education. Ministry of Education simplified procedure for the transfer of the child from occupied territory to kindergarten or school, located in government-controlled territory. Simplified procedure for students receiving school certificates (end of grade 9) and certificates graduates. As of today, according to the Ministry of Education, outside the occupied territories has trained 46,700 students and preschool children from the Donetsk region and 26 500 pupils and preschoolers from the Lugansk region.
- The procedure for issuing permits to cross the contact line controlled by the Government of Ukraine and uncontrolled territories was very imperfect and caused serious discussion in which, as far as I know, the Commissioner took an active part. Now the order changed. What are these changes?
- As you know, the Interim order of control over the movement of persons, vehicles and goods along the contact line within the Donetsk and Lugansk regions has been approved by the First Deputy Head of the Antiterrorist Centre of the Security Service of Ukraine of 22 January 2015 number 27.
I repeatedly expressed its position, including the leadership of law enforcement, the Anti-Terrorist Centre of the Security Service of Ukraine in the media about the imbalance of the provisions approved manner and the urgent need to make changes to the procedure of crossing the contact line.
In May of this year I took part in the round table "Ways of improving the throughput of the system within the Donetsk and Lugansk regions," the results of which set up a working group on improving the existing procedure of crossing the contact line, to prevent violations of human rights and safety of people, and composed of a representative of the Ombudsman on the rights of internally displaced persons. Proposals to representatives of the Ombudsman with the interim order partially taken into account in the new version, which was introduced with effect from 16 June 2015.
In particular, the amended interim order defined conditions intersection collision persons 16 years and those who were born in 1998 and later, as a result of ATO could not get a passport of citizen of Ukraine. Such persons will cross the contact line provided pred`yavlennya copy or original birth certificate or other document confirming identity and makes it possible to identify the person necessarily accompanied by adult.
In addition, the conditions of crossing the contact line of children born on the territory uncontrolled by the Ukrainian authorities after the start of ATO and, accordingly, have no birth certificate. According to the order, crossing the contact line such children is subject pred`yavlennya passport and permit a person accompanied by a child leaves the uncontrolled territory.
The intersection of the contact line on private vehicles is now possible in the presence of technical passport and document confirming the ownership of the vehicles (or notarized power of attorney), that is a separate space for vehicles no longer needed.
At the same time, the working group will continue to work on improving the provisions of the interim order.
- How do you, dear Valeria, working with Dezhavnoyu Migration Service of Ukraine to address IDPs?
- Before the Ombudsman received numerous requests from IDPs regarding the impossibility of the realization of their fundamental rights and freedoms because of the lack of registration of residence.
This is especially true of people, including university graduates, who were removed from the register by previous place of residence and in connection with in the Luhansk and Donetsk regions antiterrorist operation did not have time to register permanent residence and persons who receive New passport of citizen of Ukraine for actual residence.
In this regard, the State Migration Service of Ukraine was directed to review appropriate treatment of the issues and express positions on the possibility of establishing effective mechanisms to ensure the registration of the place of residence of those who left the temporarily occupied territories and were not able to because of the counterterrorist operation to register residence.
Besides these issues, as well as the issue of restoration of lost documents and obtain new regularly discussed during the workshops Ombudsman with the leadership of the State Migration Service of Ukraine.
Note: As of June 2015 to the territorial bodies of the State Migration Service of Ukraine for the restoration of lost documents and issuance of new applied 17750 internally displaced people, including 17,746 satisfied.
- What is, in your opinion, the problem of internally displaced persons currently require immediate solution?
- First, you need to quickly develop and approve the state program, which clearly outline how we will adapt and reintegrate internally displaced persons.
In addition, I have also repeatedly appealed to the leadership of the government with a proposal that was defined only state body that will be responsible for implementation of state policies for internally displaced persons, as they currently have over one million. All uncoordinated action on issues of accommodation, employment, training, internal migrants will not have good results.
There is also the problem that the financing needs of internally displaced persons primarily granted to local budgets, which in the current economic circumstances may not always meet the needs of most communities. This situation is excessive burden on social communities, which sometimes annoys local residents. Therefore, the necessary legislative changes that provide for allocation for the purpose of additional funds from the state budget.
I have repeatedly stressed that the state must change the whole paradigm of perception and attitude to IDPs. Do not take them as a problem or a burden, but rather they should be seen as a potential driving force of the country. And our common task is to help the country understand this, together offer options such legal regulation which will fully realize the creative, scientific and labor potential of those who in these difficult circumstances, have to start all over again.
Interview conducted redaktorhazety chief "Migration" I.Suprunovskyy 22.06.2015r.
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