26-05-2011

The officers of Border Police (RHP) of the village Sobrance recently arrested seven foreigners at Slovakia-Ukrainian border. The most number of arrested persons were refugees from Somalia.Officers of Border Control Department arrested three trespassers from Somalia in the forest area on May 24, 2011.

The same day one more citizen from Russia (Chechnya) was apprehended in the district of Sobrance.  He aimed at getting to Austria to find a job there.

Three more Somalis were detained at Slovakia-Ukrainian border at 1:10 a.m. near the village Sobrance.

According to the words of press secretary in Sobrance, at the present moment a question is under solution as to handing the illegal migrants to Ukrainian side from where they arrived when crossing Slovakian border i.e. to Transcarpathian border guards.

Source: http://ua-reporter.com/novosti/103987

25-05-2011

Cabinet of Ministers proposes to decree a new editing of law “About legal status of foreigners and persons without citizenship”. Corresponding project was approved at the meeting on May 25, 2011.

On one hand, edition of the Law of Ukraine “About legal status of foreigners and persons without citizenship” is directed upon the elimination of collusions between the regulations of the present Law of Ukraine “About legal status of foreigners and persons without citizenship” and the regulations of Constitution of Ukraine on the other hand as well as between the regulations of this Law  and regulations of international agreements in the filed of human rights participant of which Ukraine is the participant.

New edition of the law proposes to specify legal status of foreigners and persons without citizenship staying in Ukraine, to regulate a question on their entry to Ukraine and exit of Ukraine, establish the grounds and order of their detention and compulsory expel from the territory of Ukraine in accordance with Part II of Constitution of Ukraine “Rights, freedoms and obligations of the human and citizen”.

For the first time, a question is regulated on voluntary return of foreigners and persons without citizenship forfeiting the grounds on staying on the territory of Ukraine. Problems of return, compulsory expel and detention of the foreigners and persons without citizenship, extradition and transmission are also proposed to be regulated. Project foresees to determine the order of compensation of expenses connected with expel of the foreigners and persons without citizenship. Project will regulate the problems connected with realization of international agreements on readmission.

Besides, in connection with a cancellation of procedure on obligatory accreditation of foreign correspondents and representatives of foreign Mass Media, grounds are specified in the project as to temporary residence on the territory of Ukraine by foreigners and persons without citizenship for working as a correspondent or representatives of foreign Mass Media, in such cases it specifies the grounds for issuing a certificate for temporary residence.

Cabinet of Ministers of Ukraine within six months from the date of enactment of the law should bring its regulations into conformity with it.

Source:http://www.dmsu.gov.ua/index.php?option=com_content&view=article&id=439%3Aurad-proponuje-usunuti-koliziji-iz-zakonodavstva-pro-pravovij-status-inozemciv-ta-osib-bez-gromadanstva&catid=1%3Alatest-news&Itemid=1&lang=uk

22-05-2011

The officers of border police of Maramuresh (Romania) detained two persons not far from the border line who were moving far inland of Ukraine (Transcarpathian region)…

It was established at once that men did not speak Romanian and did not have any documents identifying their personality. Detainees were citizens of Georgia (Gagry) of the age 24 and 26 years old. They explained that they illegally crossed the state border of Ukraine and Romania intending to move through Romania by transit way to the countries of Western Europe in order to find job. Romanian border guards are preparing a criminal case against arrested citizens of Georgia for the illegal cross of the border.

Source: http://ua-reporter.com/novosti/103851

20-05-2011

Viktor is a Ukrainian citizen with a successful business, a wife and four children, whose life was shattered in April when he was beaten savagely on a subway train. Viktor, 45, wasn’t assaulted for his wallet or his watch, or even his support of a political group or soccer team.

He was attacked because his surname is Igbokvum and he is black.

For people like Igbokvum, it is becoming increasingly dangerous to live in Ukraine. Reported incidents of racially motivated attacks are becoming more frequent yet still often go ignored by police, according to international organizations and human rights activists…

20-05-2011

How does Ukraine observe international regulations? How do refugees live in our society? What are the main problems in the system of refugee status grant in Ukraine and possible ways of such problems’ solution? Press-conference was devoted to these and accompanying problems held in Press-club on May 20, 2011. Technical organizer of the action was Foundation “Rokada” (Kyiv) in cooperation with URC at the support of the programme “East-East: partnership with no borders” of International Fund “Renaissance”.

In 2002 Ukraine joined the UNO Convention about refugee status which is 60 years this year. Regardless of worked practice in the course of six decades as well as the experience of Ukrainian Asylum System (which has functioned in different forms during 15 years), refugees and asylum seekers in Ukraine still face the system problems.

Director of CF “Rokada” (Kyiv) Nataliya Gurzhiy reported about Ukrainian Refugee Council (URC) and its activity since the moment of its establishment. She reminded that “URC is a network of non-governmental organizations helping in Ukraine and especially its governmental bodies to assist refugees and asylum seekers implementing international obligations of Ukraine”. Mrs. Gurzhiy also stated that press-conference was dedicated to results of the meeting held on May 19, 2011 in Lviv at the participation of URC members ad two new attracted organization: Charitable Organization “Medical Aid Committee in Zakarpattya” and Public Organization “ Faith, Hope, Love” (“Vira, Nadiya, Lubov”). The following problems were discussed at the meeting – legal and social protection of refugees, participants’ experience as well as elaboration of new strategies, forms and methods of work with governmental bodies.

Nowadays, organizations rendering assistance to refugees face with cases when asylum seeker cannot submit documents for refugee status. However, even he/she succeeded to get official status of refugee he is expected some problems on employment and integration. In general, a percentage of those being granted with refugee status is rather low: in accordance with data of Ukrainian State Bodies confirmed by UNHCR in 2010 (July – December) only 10% of submitted application were recognized (this index is sufficiently high in comparison with previous years) – i.e. out of 100 persons applied for asylum to Ukraine just ten got it juridically. At the same time, the level of rejects in accordance with formal criteria (i.e. without consideration of applications as a matter of fact) reaches 46% – it was told by a lawyer of PO “South Ukrainian Centre of Young Lawyers” (Odessa) Maryna Kurochkina. Ukraine is a signer of Convention 1951 about refugee status and it bares a complete responsibility for asylum seekers at its territory. She named already 6-year reforming of state structures that regulate a problem of asylum assignment, one of the reasons causing impossibility to realize assistance of refugees in a necessary amount.

The head of juridical-consultation centre of trade union “Solidarity”, “Human rights have no borders” (Lviv) Nataliya Dulneva reported about the problems human rights organizations face when working with refugees and asylum seekers in Lviv, Volyn and Chernivtsi regions. She paid special attention to problems appear before asylum seekers from Chechnya. The cases of non-access of lawyers to detained refugees happen often. At the same time Nataliya Dulneva marked a positive experience in cooperation with Chernivtsi Migration Service in the sphere of protection of refugees’ rights.

Reference

Ukrainian Refugee Council is informal union of Ukrainian public organizations and charitable funds working for the sake of refuges and asylum seekers’ rights and interests protection. The members of the Council are: CF “Rokada” (Kyiv), CF “Donetsk Fund of Social Protection and Charity (Donetsk), CO “Medical Aid Committee in Zakarpattya” (Uzhgorod), International Public Organization “International Movement “Amnesty International in Ukraine”, International Charitable Foundation of Environment  and Health Protection “Region Karpat” (NEEKA), Foundation on Naturalization of Rights and Human Rights “Assistance” (“Spryyannya) (Simferopol), PO “Vinnytsa Human Rights Group”, Juridical-consultation Centre of trade union “Solidarity” “Human Rights have no borders” (Lviv) Trade Union “Solidarity” (Lviv), PO “South Ukrainian Centre of Young Lawyers” (Odessa), BF “Caritas”, PO “Social Action” (Kyiv), KOCF “Social Service of Assistance” (Kharkiv), Public Organization “Faith, Hope, Love” (Odessa).

The goal of the project “From interworking to partnership: accumulation of potential of Ukrainian Refugee Council” implemented by Charitable Fund “Rokada” at the support of Programme “East-East: partnership with no borders” of International Fund “Renaissance” is to spread successful practices in public actions among public organizations of Ukraine, which favor improvement of legal and social situation of refugees and persons seeking asylum in Ukraine.

Source:http://www.daily.lviv.ua/news/32668

20-05-2011

As of January 1, 2011 there were 2522 persons granted refugee status in accordance with data of UNHCR. 2844 persons more are waiting for the refugee status granting. It was announced by Nataliya Gurzhiy, member of Ukrainian Refugee Council.

– It is very vulnerable category of people that cannot help themselves. They do not have dwelling, money to buy things of first necessity, – Marina Kurochkina told, lawyer of Public Organization “Odessa centre of Young Lawyers”. She reported that namely non-governmental organizations are involved in solution of refugees’ problems.

According to her words border services do not always provide refugees with access, however they do not have a right to act in such a way. There are special centers for refugees in Ukraine but they are few and they are accounted for a little number of persons in comparison to real needs. For example, 250 persons can reside in such establishment in Odessa building of which was funded by international organizations. As Marina Kurochkina stated – there is one more problem – absence of documents. It is connected with present problems in Ukrainian legislation. Thus, refugees do not have a right for free of charge medicine which they need very much. They also can be detained by law enforcement agents. When a person is granted refugee status government pays him/her one-time allowance – 17 UAH.

Nataliya Dulneva, member of PO “Human rights have no borders” stated that in the year 2010 – 19 persons applied for refugee status in Lvov region, this year – 7. In 2010-2011 only 2 persons were granted such a status. Since 1996 just 191 persons were given refugee status, and 21 of them have already changed it i.e. moved abroad or became citizens of Ukraine. Besides, she marked that border service did al in their power in order not to monitor their work concerning this very point.

– Lately, attitude to refugees from certain countries has changed. Once we were proud of Russian journalist being granted with a refugee’s status, but now situation has changed. Now confidential instructions are given not to grant status to people from Chechnya”, – declared Nataliya Dulneva and added that she was herself a witness when a person was not just refused to accept application and he was hardly arrested.                  

 Source: http://finzah.com.ua/113/news/5018.html

20-05-2011

Representative of the United Nations High Commissioner for Refugees marks systematic breaches of Convention on Refugee Status and absence of state policy in this sphere in Kyiv

«We do not have force instruments in order to make somebody fulfill his/her obligations. If government violates the regulations of convention it means it does not correspond to standards of democratic freedoms»,— said regional representative of UNHCR Oldrih Andrisek. He emphasized that European Union will refuse from granting with membership in this organization as a punishment for Kyiv. «It is one of the conditions for the candidates as to entry to EU», — he added.

Mr. Andrisek named the openness of confidential personal information about the pretended persons for refugee status to strangers to be among the most evident breaches of the convention regulations. However, this problem equally touches Ukrainians. Judicial company AstappovLawyers states that deportations of refugee status pretenders to the country where they can face tortures as well as perhaps death are among breaches of international legislation by Ukrainian authorities.  The representative of UNHCR partner-company Ivan Lischyna marked that Convention prohibits deportation of group of persons and also invitation to Migration Bodies waiting for decision about their fortune for their further detention. Exactly so, five citizens of Uzbekistan were detained by policemen and supposedly by workers of SSU. In July last year they got to Lukyanivskyi investigation isolation ward because public prosecutor’s office was seeking after their extradition to country of origin. Everybody is suspected in commitment of grave crime against the government just on the grounds of the fact that they do not belong to movement of Islam uncontrolled to regimen of President Karimov. One of the detainees had to be released in some weeks. The other man was set free after more than six-months prison term – he was recognized as a refugee with a right of following departure to a third country. Three more pretenders stay inside the prison for the resent moment. Negative attitude to foreigners looking for asylum in Ukraine does not depend on the shift of authorities in Kyiv. Deportation of Uzbeks in 2006 seriously spoiled image of the country when the previous team was at the head of Ukraine. When arriving to the airport of Tashkent deported persons from Ukraine were condemned at court sittings for durable terms according to the accusation of crimes against constitutional order. The practice testifies that in conditions of Uzbek prisons condemned persons on religious motives die during imprisonment or return back home as handicapped persons.

Ukrainian legislation permits to keep under arrest foreigners hiding from pursuit up to one year and a half. “It does not correspond to world regulations”, – representative of Centre of Law Reform and Bill Works of Ministry of Justice, Elena Synchuk confessed in the course of a talk. According to her words Ministry designed a bill foreseeing the broadening of refugees’ rights. In particular, it is foreseen to allow them to work legally in the country. “The head Expert-Analytical Administration of Council considered our proposals as too burdensome for state treasury and much too liberal in regards to refugees, thus a document was returned as requiring improvement”, – Mrs. Synchuk announced.

The final decision of foreigners’ destiny looking for asylum in Ukraine will be made by the court. In accordance with data of UNHCR on January 1, 2011 there were 1345 persons in the country waiting for a decision of migration bodies and court as to their applications on granting them with corresponding status. In the course of six months 2011, 10% of applicants were granted refugee right. Administrative reform and reorganization of Sate Migration Service have only worsened the situation. “The other day I met the head of newly created service. Apparently, that they are just thinking of the plan how should they work. This service is still out of order and cannot work normally”, – Mr. Andrisek stated. At the same time he is not inclined to apprehend the practice of Ukrainian courts when considering the applications on asylum as a result of system policy. UNHCR representative supposes a formal approach as a consequence of judges’ overload and absence of proper training. Regional representation of UNCR is planning to conduct three-day seminar for judges from Ukraine, Belorussia and Moldova in order to meet a lack partially in education.

 Source:http://state.eizvestia.com/full/oon-obeshhaet-kievu-problemy

19-05-2011

The border guards of Mukachevo Detachment detained three illegal migrants from Moldova. One of the trespassers had some passports – Moldavian domestic passport and Azerbaijanian passport for traveling abroad. Illegal migrant was stopped by detail of BS “Luzhanka” that learnt about the foreigner from local people. Two more citizens of Moldova were detained by the border guards of BS “Dilove” during the check of the regular bus “Odessa-Khust”. Foreigners did not have any documents at all. At the present moment all three citizens of Moldova are in border subdivisions. The law enforcement agents are establishing the details of these illegal trips.

Source: http://pvu.gov.ua/control/uk/publish/article?art_id=112627&cat_id=48886

19-05-2011

Decision of Cabinet of Ministers dated from May 18, 2011 №514 approved the Order specifying the mechanism of costs use foreseen in a state budget as to the programme “Rendering help to refugees”. The chief manager of budget costs is MOI. State Migration Service of Ukraine is recognized as responsible executor of budget programme.

Budget costs will be directed upon the creation and maintenance of detention centers for refugees, especially for the salary payment of the staff, conditions forming for refugees’ stay (purchase of food, linen, things of first necessity, goods of cultural-social and economic purpose), payment of communal services, connection services connected with the guards and keep of vehicles, as well as carrying out of work on building and reconstruction of the centers.

Budget costs also will be spent on centralized accounting of persons applied for refugee status, creation of corresponding centralized system and ensuring with its functioning; rendering monetary aid to refugees; production of documents identifying the personality of a refugee; provision with translation of refugees’ applications and information about the country of their origin.

Source:http://www.dmsu.gov.ua/index.php?option=com_content&view=article&id=441%3Aurad-zatverdiv-poradok-vikoristanna-koshtiv-dla-nadanna-dopomogi-bizhencam&catid=1%3Alatest-news&Itemid=1&lang=uk

18-05-2011

According to the plans of the malefactors the route of illegal transportation of Afghanis had to go through the territory of Russia, south and west of Ukraine and then by a sea way to European ports. On April 28, 2011 three citizens of Luhansk region smuggled five Afghanis from Russia to the territory of Ukraine in the area of customs point “Dolzhanskyi” and took them to the town of Svedrlovsk where foreigners had to wait for the departure to Luhansk. But the foreigners were arrested in the flat which malefactors rented for illegal migrants.

As it was established later the group of illegal migrants was going to Sweden. All illegal trip cost them some thousand dollars, in particular, the transportation through the Russian-Ukrainian border comprised $1,5 thousand.

A criminal case on Part 2 Article 332 of Criminal Code of Ukraine is investigated by the Security Service of Ukraine concerning the group of persons, who supplied the foreigners with illegal transportation through the state border of Ukraine according to prior collusion. In accordance with the court decision, citizens of Afghanistan were expelled from the territory of Ukraine.

Source: http://reporter-ua.com/2011/05/18/v-luganskoi-oblasti-sotrudniki-sbu-perekryli-kanal-nelegalnoi-migratsii-grazhdan-afganist