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Ukraine. Combating Discrimination towards
Migrant and Roma Minorities
Youth Organization "Human World". Lviv. Ukraine. 2012
Prepared by Lesya Savaryn
Content
1. National composition of the population of Ukraine………………………………………………………..2
2. The legal status of foreigners in Ukraine…………………………………………………………………...5
2.1. The notion of foreigners and stateless persons, immigration to Ukraine……………………………...5
2.2. The legal regime of foreigners in Ukraine…………………………………………………………….5
2.3. Features of the legal status of certain categories of aliens. Refugees…………………………………6
2.4. Entry into the territory of Ukraine and exit from the territory of Ukraine of foreigners
and stateless persons…………………………………………………………………………………………...9
2.5. Responsibility for foreigners and stateless persons…………………………………………………..10
3. Asylum system in Ukraine………………………………………………………………………………...11
3.1. Key provisions………………………………………………………………………………………..11
3.2. Asylum seekers and refugees in Ukraine………………………………………………………….....11
3.3 Intense period of legislative and administrative reforms in the field of asylum……………………...11
3.4. The main concern of UNHCR in protecting………………………………………………………....15
3.5. Conclusions…………………………………………………………………………………………..16
4. Racism and racial discrimination………………………………………………………………………….16
4.1. Recommendations……………………………………………………………………………………16
4.2. Positive developments ………………………………………………………………………………16
4.3. Оbservations and concerns…………………………………………………………………………...17
5. Minority Roma…………………………………………………………………………………………….19
5.1. The real situation today. Stories and comments……………………………………………………...19
5.2. Analysis of the situation of Roma in Ukraine. Сonclusions and solutions…………………………..21
6. Foreign students…………………………………………………………………………………………..23
6.1. The flow of students………………………………………………………………………………....23
6.2. Support for foreign students from the state………………………………………………………….24
7. Civil Society……………………………………………………………………………………………….24
National composition of the population of Ukraine
In ethnic composition Ukraine is a mono-states. Ukrainian constitute an absolute majority of the population
of Ukraine. The majority of Ukrainian population on their ethnic lands where formed Ukrainian people
According to the first census in 2001 in Ukraine Ukrainian population of 37.5 million, or 77.8% of the total
population of the state
Along with the territory of the Ukrainian population of more than 100 nationalities
According to the first census in 2001, the largest minority in Ukraine are Russians. They constitute about
17.3% of the total population of Ukraine.
About 5% of the population of Ukraine is represented Western (Poles, Czechs, Slovaky) and southern
(Bulgarians) Slavs romanomovnymy (Moldovans and Romanians) finouhortsyamy (Hungarians and
Estonians), the Turkic (Tatars, Crimean Tatars, Azeris and Gagauzia) nations. In some ethnic groups in
Ukraine are Jews, Armenians and Greeks.
However, the population of each of these nationalities in Ukraine reaches 1% of the total population of der
the state. By region, these figures look different. Thus, 12% of the ARC are Crimean Tatars, 1.6% of the
population of Donetsk region - the Greeks, 3.5% of the population and 1.6% of Zhitomir - Khmelnitsky
regions - Poles. In the Transcarpathian region in population of 12.1% Hungarians, 1.1% - Gypsies, 2.6% -
Romanians, which in Chernivtsi region accounted for 12.5%. In Zaporizzya and Odessa resident Bulgarians
(1.4 and 6.1%, respectively). Moldovans constitute 5% of the population of Odessa and over 7% - Chernivtsi
region.
Population of Ukraine according to ethnic group 1959-2001
Ethnic
group
census 19591 census 1970
2 census 1979
3 census 1989
4 census 2001
5
Number % Number % Number % Numbe
r
% Number %
Ukrainians 32,158,49
3
76.8 35,283,8
57
74.9 36,488,95
1
73.6 37,419,
053
72.7 37,451,693 77.5
Russians 7,090,813 16.9 9,126,33
1
19.4 10,471,60
2
21.1 11,355,
582
22.1 8,334,141 17.2
Belarusians 290,890 0.7 385,847 0.8 406,098 0.8 440,04
5
0.9 275,763 0.6
Romanians / Moldavians
241,650 0.6 265,902 0.6 293,576 0.6 324,52
5
0.6 258,619 0.5
Crimean
Tatars 193 0.0 3,554 0.0 6,636 0.0 46,807 0.1 248,193 0.5
Bulgarians 219,419 0.5 234,390 0.5 238,217 0.5 233,80
0
0.5 204,574 0.4
Hungarians 149,229 0.4 157,731 0.3 164,373 0.3 163,11
1
0.3 156,566 0.3
Romanians 100,863 0.2 112,141 0.2 121,795 0.3 134,82
5
0.3 150,989 0.3
Poles 363,297 0.9 295,107 0.6 258,309 0.5 219,17
9
0.4 144,130 0.3
Jews 840,311 2.0 777,126 1.7 634,154 1.3 486,62
8
1.0 103,591 0.2
Armenians 28,024 0.1 33,439 0.1 38,646 0.1 54,200 0.1 99,894 0.2 Greeks 104,359 0.3 106,909 0.2 104,091 0.2 98,594 0.2 91,548 0.2 Tatars 61,334 0.2 72,658 0.2 83,906 0.2 86,875 0.2 73,304 0.2
Romani 22,515 0.1 30,091 0.1 34,411 0.1 47,917 0.1 47,587 0.1 Azerbaijanis 6,680 0.0 10,769 0.0 17,235 0.0 36,961 0.1 45,176 0.1 Georgians 11,574 0.0 14,650 0.0 16,301 0.0 23,540 0.1 34,199 0.1 Germans 23,243 0.1 29,871 0.1 34,139 0.1 37,849 0.1 33,302 0.1 Gagauzs 23,530 0.1 26,464 0.1 29,398 0.1 31,967 0.1 31,923 0.1 Karaites 3,301 0.0 2,596 0.0 1,845 0.0 1,404 0.0 1,196 0.0
Others 129,338 0.3 157,084 0.3 165,650 0.3 209,17
2
0.4 539,604 1.1
Total 41,869,046 47,126,517 49,609,333 51,452,034 48,416,000
National structure of the population of Ukraine (2001)
Left diagram
Ukrainians
Russians
Others
Right diagram
Belorussians
Moldavians
Crimean Tatars
Bulgarians
Hungarians
Romanians
Poles
Jews
Armenians
Greeks
Germans
Others
2. The legal status of foreigners in Ukraine
2.1. The notion of foreigners and stateless persons, immigration to Ukraine
The population of Ukraine as a collection of people living in the territory of Ukraine and subject to its
jurisdiction, except citizens of Ukraine are also foreigners and stateless (stateless).
The Constitution of Ukraine clearly separated the concept of "foreigner" and "stateless person", referring to
the first only foreign nationals (Article 26). According to the constitutional provisions in the laws of Ukraine
"On Legal Status of Foreigners and Stateless Persons" (Article 1) and "On Citizenship of Ukraine" (Article
1) provides the normative definition of foreigners and stateless persons: a foreigner-a person who is not a
citizen of Ukraine and is a citizen (national) of another state or states, stateless person, a person that no state
in accordance with its law does not consider a citizen.
Foreigners may in due course immigrate to Ukraine for permanent residence or employment on a fixed term
and temporary stay in its territory.
Under immigration refers arrival in Ukraine or stay in Ukraine as prescribed by law for foreigners and
stateless persons permanently. According to the Law of Ukraine "On Immigration" immigration permit
granted by the Ministry of Internal Affairs of Ukraine within the immigration quota. Immigration Quota -
limit the number of foreigners and stateless persons, which provides grant permission to immigrate to
Ukraine during the calendar year - by the Cabinet of Ministers of Ukraine in order to be determined by the
categories of immigrants.
Foreigners who immigrated for permanent residence or temporary employment, receive permits for
permanent or temporary residence.
Foreigners staying in Ukraine on other legal grounds, be deemed to be temporarily staying in Ukraine. They
shall, in the manner determined by the Cabinet of Ministers of Ukraine, to register their national passports or
documents to deputize and leave Ukraine after the expiration of the term.
2.2. The legal regime of foreigners in Ukraine
The legal status of foreigners in Ukraine determines Constitution of Ukraine, the Law of Ukraine "On Legal
Status of Foreigners and Stateless Persons" on February 4, 1994 p., Law of Ukraine "On Refugees" as
amended by the Act of June 21, 2001 p., Other regulations and international agreements Ukraine.
The basic principle on which established the legal status of foreigners in Ukraine, enshrined in Art. 26 of the
Constitution: foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights and
freedoms and also bear the same responsibilities as citizens of Ukraine - with the exceptions established by
the Constitution, laws or international treaties of Ukraine .
This Constitution of Ukraine establishes national legal regime of foreigners in Ukraine. This regime is
characterized by the following features:
1) it is a general (non-personal) character, that applies to all categories of foreigners, although the legal
status of some of them may have certain features;
2) foreigners enjoy the same rights and bear the same responsibilities as citizens of Ukraine. Yes, the
Constitution and laws of Ukraine for foreigners and persons without citizenship guaranteed personal (civil)
rights that belong to the conventional list of natural rights: the right to life and its protection, the right to
dignity, the right to liberty and security, the right to inviolability of the home , the right to marriage and
family relations, the right to privacy of correspondence, telephone conversations, telegraph and other
correspondence, the right to privacy and family life, the right to freedom of movement, free choice of
residence, the right to freedom of opinion and speech, freedom of expression their beliefs, the right to liberty
and religion.
Foreigners and stateless persons in Ukraine are numerous economic, social and cultural rights and freedoms.
As subjects of private property they may possess, use and dispose of their property, and the results of their
intellectual property. Their property may be houses, apartments, items for personal use, means of
production, costs and more. They are also the subjects of freedom of establishment, the right to work, the
right to strike, the right to rest, the right to social security, the right to housing, the right to an adequate
standard of living, the right to health protection, medical care and medical insurance right to a healthy
environment and environmental safety.
Foreigners and stateless persons have the right to appeal to the courts and other public authorities to protect
their personal property and other rights. In particular, under Articles 147 and 150 of the constitution of
Ukraine and Articles 13, 42, 43, 94 of the Law of Ukraine "On the Constitutional Court of Ukraine" they are
citizens of Ukraine, may submit a written request to the Constitutional Court of Ukraine where appropriate
interpretation of the Constitution and laws of Ukraine to ensure the realization or protection of their
constitutional rights and freedoms. National treatment in the field of civil procedural law, foreigners and
stateless persons are subject to the provisions of Articles 423, 424 of the Civil Procedural Code of Ukraine
regardless of their presence on the territory of Ukraine;
3) the action of national treatment to foreigners has certain limits: they are completely equal in rights and
obligations to the citizens of Ukraine.
Yes, foreigners do not enjoy a majority in Ukraine political rights (can not associate in political parties, did
not participate in the management of public affairs, do not have voting rights, can not participate in
referenda, are not entitled to equal access to public service, not may form trade unions, etc.) are somewhat
smaller than the citizens of Ukraine, the volume of economic, social and cultural rights (not allowed to use
the facilities of the state and municipal property, the right to protection from unlawful dismissal, the right to
social security, the right to obtain free higher education etc.), they are not subject to any obligation to
perform military service.
For example, the Land Code of Ukraine limited ownership of foreigners and stateless persons on the ground.
According to Art. 81 Code they can take ownership of the land and non-agricultural use only if: purchase the
contract of sale, gift, exchange, or other civil-law agreements, land plots, in which objects of immovable
property belonging to them proprietary, making heritage.
4) national legal regime has an absolute character, he applied to foreigners and stateless persons, whether or
not with the citizens of Ukraine similar rights in their respective countries.
The provisions of Art. 24 of the Constitution of Ukraine and Article 2 §. 2 of the Law of Ukraine "On Legal
Status of Foreigners and Stateless Persons" enshrined the principle of non-discrimination of foreigners and
stateless persons: they are equal before the law regardless of their origin, social and property status, race and
ethnicity, sex, language, religion, family and nature of occupation and other circumstances.
However, the Law of Ukraine "On Legal Status of Foreigners and Stateless Persons" (Part Of Art. 2)
provides for the negative consequences of restrictive measures taken by Ukraine to the citizens of another
state in response to the unjust, unfriendly (but legitimate from the perspective of international law) of this
state with respect to citizens of Ukraine: "If a foreign state restrictions on the rights and freedoms of the
citizens of Ukraine, the Cabinet of Ministers of Ukraine may decide to establish an appropriate procedure
for ensuring the rights and freedoms of the citizens of this state on the territory of Ukraine. This decision
shall enter into force after its publication. It can be reversed if the grounds on which it was made. "
2.3. Features of the legal status of certain categories of aliens The legal status of different categories of foreigners in Ukraine has certain features. This is particularly
pertinent:
- Foreigners who immigrated to Ukraine for permanent residence;
- Foreigners who immigrated to Ukraine for temporary employment (according to procedure design
foreigners and persons without citizenship permit in Ukraine, approved by the Cabinet of Ministers of
Ukraine dated November 1, 1999 № 2028, a work permit is issued to a foreigner who intends to conduct in
Ukraine employment, provided the country (region) no workers who are capable of performing this type of
work, or there is sufficient rationale for the employment of foreign workers, unless otherwise provided for
by international agreements of Ukraine);
- Politemihrantiv (aliens who were granted asylum in Ukraine);
- Refugees;
- Persons who are holders of diplomatic and consular privileges and immunities;
- Foreigners who stay in Ukraine on the grounds stipulated by international treaties of Ukraine (for example,
the military of other countries);
- Illegal immigrants and others.
In particular, the status of foreigners who enjoy the diplomatic and consular privileges and immunities
(Diplomatic Agents) is characterized by the fact that they are not subject to the jurisdiction of Ukraine. The
presence of diplomatic and consular privileges and immunities means: personal integrity, inviolability of the
home, the immunity from jurisdiction, fiscal immunity, customs privileges and more.
To foreigners who enjoy full immunity from the jurisdiction of Ukraine include: heads of diplomatic
missions, members of the diplomatic staff of missions, family members of heads of diplomatic missions and
family members of diplomatic staff of missions and representatives of other states (heads of state,
governments, etc.), members of parliamentary and governmental delegations , employees of certain
international organizations. However, these individuals are not covered immunity from civil jurisdiction in
cases when they come into civil relations as individuals in connection with claims of rightful real estate in
Ukraine, inheritance, and also in connection with claims arising out of their professional or commercial
activity carried them outside duties. In addition, the head of a diplomatic mission, diplomatic personnel
subject to the jurisdiction of Ukraine in case the consent of the receiving derzhavy1.
Partial immunity from the jurisdiction of Ukraine are: heads of consular offices, consular officers, their
families, staff administrative and technical staff of diplomatic missions, diplomatic couriers, etc.. According
to the Regulations on diplomatic missions and consular offices in Ukraine consular officers enjoy personal
inviolability and shall not be detained or arrested except in the case of prosecution for committing a felony
or execution of sentence (decisions, decisions) court of law. Consular officers and consular employees enjoy
immunity from criminal and administrative jurisdiction of Ukraine and Ukraine jurisdiction of the courts in
civil cases regarding the activities they carry out within the office. Immunity from the jurisdiction of
Ukraine does not apply to cases presenting claims for compensation caused by traffic accidents damage.
Consular officers and employees staff may not refuse to testify. Consular staff are not obliged to give
evidence on matters related to their official duties, as well as indications that explain the law of the sending
state. The failure of consular officers to testify to them can not be applied coercive measures or punishment.
The state, represented by the Consulate may refuse the privileges and immunities of consular staff provided
by this paragraph.
The special status within Ukraine are refugees. Refugee - a person who is not a citizen of Ukraine and owing to well-founded fear of being persecuted for
reasons of race, religion, nationality, citizenship (nationality), membership of a particular social group or
political opinion, is outside the country of his nationality and is unable to use protection of this country or do
not wish to use this protection because of such fear, or without citizenship (nationality) and being outside the
country of his former habitual residence, is unable or unwilling to return to it because of these fears.
The legal status of refugees in Ukraine is determined by the Law of Ukraine "On Refugees" (version of the
Act of June 21, 2001) and international legal instruments, the most important of which is the United Nations
Convention relating to the Status of Refugees and the 1951 Protocol relating to the Status of Refugees 1967
p., which have been ratified by Ukraine January 10, 2002 The legal status of this category of foreigners and
stateless persons in Ukraine is characterized by the following features:
1. They can not be deported or forcibly returned to the country from which they came and where their life or
freedom would be threatened. This principle, which was in international law called «non refoulement», is a
major element of shelter (shelter without losing any sense), it is enshrined in Art. Since the Law of Ukraine
"On Refugees" in accordance with Art. 33 of the Convention relating to the Status of Refugees: "Countries
that agree not no way to expel or return a refugee to the frontiers of territories where his life or freedom
would be threatened on account of their race, religion, nationality, membership of a particular social group
or political opinion."
2. Ukraine promotes the preservation of the unity of refugee families.
3. Refugees have equal rights with citizens of Ukraine to:
• movement, free choice of residence, freedom of leaving the territory of Ukraine, with the exception of
restrictions established by law;
• work;
• business activities that are not prohibited by law;
• health, medical care and medical insurance;
• rest;
• education;
• freedom of belief and religion;
• address individual or collective written letters or personal appeal to the state authorities, local authorities,
officials of these bodies;
• possession, use and disposal of their property, and the results of its intellectual property;
• appealing against decisions, actions or inaction of state authorities, local self-government officials;
• application for protection of their rights to the Verkhovna Rada of Ukraine on Human Rights;
• legal assistance.
Persons who have been granted refugee status in Ukraine are also equal citizens of Ukraine law in marriage
and family relations.
4. Refugees are eligible for financial aid, pension and other social security in accordance with the laws of
Ukraine, and the use of housing provided at the place of residence.
5. At refugees rely responsibilities:
• report within ten working days of the migration service at the residence change of surname, family
composition, marital status, residence, citizenship of Ukraine or any other country, asylum or permanent
residence in another country;
• In case of change of residence and moved to administrative-territorial units of Ukraine covered jurisdiction
other migration service body to withdraw from an account and be registered with the appropriate body of the
migration service at the new place of residence. Taking account of the migration service at the new place of
residence is the basis for registration with the specially authorized central executive authority on citizenship
and registration of persons;
• undergo annual re in the terms established by the migration service in the community.
Law of Ukraine "On Refugees" sets ban on granting refugee status to a person:
• has committed a crime against peace, a war crime or crime against humanity, and humanity as defined in
international law;
• has committed a serious non-political crime outside Ukraine prior to arrival in Ukraine for refugee status if
such acts include the Criminal Code of Ukraine serious crimes;
• who was found guilty of committing acts contrary to the purpose and principles of the United Nations;
• in respect of which established that the conditions stipulated by the second paragraph of Article 1 of this
law, no;
• what to arrival in Ukraine was granted refugee status or asylum in another country;
• what to arrival in Ukraine with the intention of acquiring refugee status was in a safe third country. Thus,
under the safe third country in the law means the country in which he remained until his arrival in Ukraine
except for transit through the territory of that country, and could apply for refugee status or asylum, because
this country:
• adheres to international standards of human rights in the field of asylum, established international legal
instruments global and regional nature, including rules on the prohibition of torture, inhuman or degrading
treatment or punishment;
• adheres to international principles concerning the protection of refugees under the Refugee Convention of
1951 and Protocol relating to the Status of Refugees 1967 p., Including the principle of non-refoulement;
• Has national legislation on asylum and refugees, and its proper state authorities determine refugee status
and grant asylum;
• provide the person with effective protection against expulsion and the opportunity to apply for asylum and
to use it;
• agrees to accept the person and give it access to the procedures for determining refugee status or asylum.
Refugee status granted for the period of the circumstances that were the basis for refugee status.
A legal document that confirms a refugee is a refugee certificate issued to a foreigner or a person without
citizenship who have reached the age of 16 according to the decision of the State Committee of Ukraine on
Nationalities and Migration. Terms of refugee certificate was approved by the Cabinet of Ministers of
Ukraine dated October 11, 2002 № 1527.
Refugee status is lost if the person: 1) voluntarily used the protection of the country's nationality (citizenship);
2) acquired the citizenship of Ukraine or voluntarily acquired citizenship, which had previously or acquired
citizenship of another country and uses its protection;
3) voluntarily returned to the country which he left or outside which was owing to well-founded fear of
persecution;
4) being a stateless person may return to the country of his former habitual residence as the circumstances
under which it was granted refugee status have ceased to exist;
5) was granted asylum or permanent residence in another country;
6) can no longer refuse to avail protection of the country of his nationality, because the circumstances under
which the person has been granted refugee status have ceased to exist.
The person deprived of refugee status if she resorts to activities that constitute a threat to national security,
public order or public health of Ukraine.
2.4. Entry into the territory of Ukraine and exit from the territory of Ukraine of
foreigners and stateless persons Foreigners and stateless persons may enter and leave Ukraine from Ukraine valid national passports or
documents which they deputize. However, they must obtain entry and exit visas or immigration permit. The
legislation of Ukraine and international agreements Ukrayiny2mozhe be provided free regime, which does
not require processing visa applications, but does not cancel the registration procedure entry and exit, ie the
presence of the passport document and its presentation at the border
Foreigners and stateless persons on the territory of Ukraine are civil, criminal and administrative liability on
general grounds.
Under Part Of Art. 24 of the Code of Ukraine on Administrative Offences laws of Ukraine may provide a
special kind of administrative liability of foreigners and stateless persons - administrative deportation from
Ukraine (deportation). Under this provision of the Code of Law of Ukraine "On Legal Status of Foreigners
and Stateless Persons" (p. 32) found that an alien who has committed a crime or misdemeanor, after serving
his sentence or intended execution of an administrative penalty may be expelled from Ukraine. By decision
of the Interior expulsion of a foreigner from Ukraine may be accompanied by further ban entry to Ukraine
for a period of five years.
In these cases, the foreigner may be expelled from Ukraine by a decision of the Interior and the Security
Service of Ukraine with the following message within 24 hours of the Prosecutor of the reasons for such a
decision, if the actions of foreigners violate the law on the status of foreigners or contradict the interests of
the security of Ukraine or public order, or when necessary to protect the health, rights and lawful interests of
citizens of Ukraine. Such measures, for example, according to Art. 16 of the Law of Ukraine "On Prevention
of Acquired Immunodeficiency Syndrome (AIDS) and Social Protection" can be applied to HIV-infected
and AIDS patients foreigners and stateless persons who do not meet the proposed health care interventions
to prevent the spread HIV and their behavior endangering the health of others.
If the decision on expulsion of a foreigner from Ukraine immediately canceled his visa and other documents
seized right to stay in Ukraine.
Foreigners and stateless persons who evade starting subject of a prosecutor detained and forcibly expelled.
Detention is allowed only for the duration necessary for expulsion. For the temporary detention of foreigners
and stateless persons who are illegally residing in Ukraine and are subject to administrative deportation
beyond the compulsory under the Cabinet of Ministers of Ukraine dated July 17, 2003 № 1110 created a
state institution - Temporary stay of foreigners and stateless individuals who are illegally residing in
Ukraine.
Decisions of the Interior or the Security Service of Ukraine on the expulsion of a foreigner from Ukraine
may be appealed to the courts. Appeal halts enforcement of expulsion, unless the need for immediate
expulsion due to Ukraine's security interests or public order.
Aliens who are subject to deportation, reimburse the costs of deportation in the manner prescribed by law. If
these foreigners do not have the means to recover costs associated with their deportation from Ukraine,
expulsion is carried out by the state.
Natural or legal persons invited or accepted these foreigners, staged their illegal entry, residence,
employment, contributed to the failure to leave after the end of term, in the manner prescribed by law,
reimburse the costs incurred by the state deportation of these aliens.
Meanwhile, there may be a collective expulsion of aliens. Thus, this requirement provided for in Art.
Number 4 of Protocol 4 to the European Convention on Human Rights and Fundamental Freedoms
2.5. Responsibility for foreigners and stateless persons
Foreigner who violates the law of Ukraine, if the violations do not involve administrative or criminal
liability may be reduced stay in Ukraine. This term can also be reduced if the foreigners and stateless
persons disappeared grounds for his further stay in Ukraine. The decision to shorten the temporary stay of
foreigners and stateless persons in Ukraine adopted by law enforcement agencies, the State Border Service
of Ukraine.
Law of Ukraine "On Immigration" provides another specific form of liability of foreigners and stateless
persons canceling immigration permits. Yes, Art. 12 of the Act provides that an immigration permit may be
revoked by the authority that issued it, if:
1) find that the permit was issued based on false information, forged documents or documents that are
terminated;
2) immigrant convicted in Ukraine to imprisonment for a term exceeding one year, and the verdict has come
into force;
3) actions immigrant threaten Ukraine's national security and public order in Ukraine;
4) it is necessary for the health, rights and lawful interests of citizens of Ukraine;
5) immigrant violated the law on the legal status of foreigners and stateless persons.
Person in relation to the decision to cancel the immigration permit must leave Ukraine during the month of
receipt of a copy of the decision. If during this time the person left the Ukraine, she shall be expelled in
accordance with the legislation of Ukraine.
In case of cancellation of the immigration permit of a person who enjoyed the refugee status in Ukraine, it
may not be expelled or forcibly returned to a country where the life or freedom would be threatened because
of her race, nationality, religion, citizenship (nationality) membership of a particular social group or political
opinion.
If the person challenged the decision to cancel the immigration court decision to expel is not taken to court
decision comes into force. In case of cancellation of the Immigration and removing permanent residence
permit in connection with the conviction to imprisonment upon conviction the person must leave Ukraine
for a month from the date of sentence.
3. Asylum system in Ukraine
3.1. Key provisions
Intense period of legislative and administrative reforms that were implemented in
the past 18 months, has the potential to improve the quality of asylum in Ukraine. Yet however, this
potential has not been realized. Although these reforms have brought some improvements (Eg, the
introduction of additional protection), in general they are poorly designed and poorly funded, leading to their
haphazard implementation. Significant are the consequences for people under guardianship UNHCR: at
different times of asylum seekers were unable to apply for or obliged perform various additional legal
conditions for the submission of applications, the process of making decisions on granting refugee status
continued intermittently, asylum seekers, for which the procedure was already started, had to submit an
application to the newly created State Migration Service of Ukraine, which led to the accumulation of cases,
the system does not provide adequate protection against expulsion (Refoulement); local integration remains
an illusive goal. Existing systems do not meet basic requirements for system control shelter, such as
admission, registration fair hearing and local integration. Ukraine lags behind international and European
standards protection. As a result, asylum seekers and refugees are turning to sales networks trafficking and
smuggling in order to reach the country, which provides effective protection.
Consequently, UNHCR is of the opinion that asylum seekers and even recognized refugees have to return to
Ukraine in third countries, particularly in the framework of agreements on readmission.
Ukraine is a country with an average income in Europe and a population of about 46 million in average
about 1,500 people a year applying for refugee status, and these applicants live in different cities of Ukraine.
In general, the requirements for the asylum system in Ukraine is low. In the presence of political will,
sustainable and professional administrative body, and a reasonable distribution financial resources, Ukraine
can fully comply with international and European standards in the field of asylum.
3.2. Asylum seekers and refugees in Ukraine
In recent years, Ukraine has usually receives an average of 1,500 applications for refugee status
refugee per year. However, the number of applications in 2011 was much lower and amounted to 890, the
degree recognition in 2011 was 15%: 133 people were granted refugee status, while the general was
reviewed 868 applications. In the first four months in 2012 845 people have applied for refugee status
refugee, while the largest number of applications received from persons from countries of origin, as
Afghanistan, Somalia, Syria and Kyrgyzstan. Significant growth in the number of applications for refugee
status
refugee this year due to the fact that in 2011 the authorities of the State Migration Service of Ukraine (LCA)
is not working properly for about half the year, depriving many opportunity to apply for international
protection. Now all these people began to file statements request for refugee status.
Since 2676 refugees who stay in Ukraine, 54% came from Afghanistan. Another part of more diverse and
includes people from the CIS, Africa and the Middle East. More than 100 refugees originating from
Armenia, Azerbaijan and Russian Federation.
3.3 intense period of legislative and administrative reforms in the field of asylum
November 22, 2010 as part of the 14th EU-Ukraine summit European Union announced an Action Plan
on the liberalization of the EU visa regime for Ukraine. This plan accelerate process of implementing
legislative and administrative reforms connected with the asylum system in Ukraine, because it mobilized
the political will to change immigration policies.
The Action Plan provides for various improvements in the asylum system in Ukraine as a precondition for
entering visa-free regime between Ukraine and the European Union, namely:
Stage 1 (legal basis):
The adoption of legislation on asylum, which would correspond to international standards (1951 Geneva
Convention "On the Status of Refugees" from New York Protocol) and EU standards and would ensure the
conditions for international protection (including additional forms of protection), the rules of procedure for
processing applications to international protection and the rights of asylum seekers and refugees.
2nd phase (benchmarks for effective implementation):
Effective implementation of legislation on asylum, including ensuring adequate infrastructure (including
reception centers) and strengthening the responsible authorities, particularly in asylum procedures, reception
of asylum seekers and the protection of their rights (including documentation of asylum seekers and
refugees to ensure effective access to their rights), and integration of refugees.
Although this additional incentive for reforms gave some results, and can help build a strong future-oriented
protection asylum system, the situation remains complex: the conditions for the protection of refugees and
asylum seekers break down, leading to increase the number of people caught in extreme distress and in need
of financial care or urgent resettlement in third countries.
Effects of legislative reforms
Legislative initiatives launched in recent months, poorly coordinated and issued developed in a hurry to
implement the Action Plan. Some of these legislative changes with time can lead to positive changes for the
benefit of persons of concern to UNHCR. For example, the providing free legal aid to asylum seekers will
be introduced in stages the next six years, and the new immigration policy is embedded in the
right-protection spirit and aims to protect people in mixed migration flows. Other innovation is problematic
and already have a negative impact: for example, the period under detained for illegal stay in the territory
has been increased from 6 to 12 months, exposing asylum refugee status, which often do not have the
documents through administrative gaps, not not own fault risk of prolonged detention. This has led to
starvation and other actions protest in temporary detention. In addition, the Cabinet of Ministers (№ 667 of
22 June 2011) deprives asylum seekers the right to receive free medical assistance. The new law on legal aid
difficult to obtain legal representation for asylum seekers: they need to notarize a contract with a lawyer,
which many who are unable to do so due to lack of documents, identity, or should seek legal representation
in the face of a licensed attorney, which is much more expensive.
July 28, 2011 the President of Ukraine signed the Law "On refugees and persons in need of additional or
temporary protection in Ukraine» (№ 3671-VI). The new law makes some steps towards the attainment of
international and European standards for asylum. These positive changes include:
Act introduces the concept of extra protection for those who can not return to the country of origin for fear
of death, torture, inhuman or degrading treatment.
The introduction of a single permit asylum seekers, replacing the previous system of four different
certificates asylum seekers, according to the different stages of the procedure asylum will help to asylum
seekers remained documented throughout the period of review of their application.
The law provides for minor children of refugee status along with their parents who will protect the unity of
the family.
However, UNHCR also notes the number of points at which the new law does not meet international
standards and norms of the European Union. They are:
a. The narrow definition of extra protection. The new law extends the additional protection
persons who can not be returned to the country of origin in accordance with international
human rights treaties, in particular, p. 3 ECHR and Art. 3 of the Convention against Torture. However, it is
not provides additional protection for persons who have fled their country because of serious and
vague threats to life, physical integrity or freedom resulting generalized violence or events seriously
disturbing public order. In result of the narrow definition of the draft law, some people in need of
international protection, especially people fleeing armed conflict, may not have the right to
such protection in Ukraine. To date, nobody has been given extra protection.
b. Wide range of grounds for refusing to accept the application for refugee status under preliminary
examination. The new law continues to create opportunities for refusal to accept the application for refugee
status at the previous stage of the proceedings. In view may be refused even to examine the merits of the
case if the case will be considered one that does not meet the definition of refugee / definition extra
protection. System is an inevitable vicious circle: asylum seekers must prove
right, to be able to present its case in full. As a result, this limitation, many people are not allowed to asylum
procedures in general and have contact congested courts for help. In 2010-2011, 45% of cases were
rejected at an earlier stage, and thus denied access to the full status determination procedure. As a result,
asylum seekers can not get access to the procedure for refugee status in Ukraine and are forced to seek
protection in other countries by a UNHCR statements regarding resettlement in EU member states.
c. Unrealistic short time for filing an appeal. Asylum seekers who have negative decision with only five
days to appeal. This period is too short. According to European standards, from a practical point of view, the
applicant must have sufficient time and resources to exercise the right of appeal.
Difficulties of appeal compounded the lack of legal aid.
While some of these gaps and inconsistencies were considered in the development of guidelines to will be as
soon as possible to amend the law in order to correct the shortcomings. UNHCR provided a list of proposed
amendments to the Ministry of Internal Affairs of Ukraine, but they were largely ignored. As a next step, the
issue was raised with gaps Presidential Administration, where comments UNHCR still investigating, has not
yet determined when and or if they will be submitted to Parliament.
In addition, UNHCR is concerned about the bill on the harmonization of other laws on the rights of refugees,
which is currently considered by the Verkhovna Rada of Ukraine. If this process of harmonization of
legislation will be conducted properly, asylum seekers will be able to use the normal terms of acceptance
and recognized refugees and persons require additional protection will have social and economic rights
necessary for successful integration. However, the Ukrainian authorities still took a course on a minimalist
approach in the case harmonization by offering amendments to 25 laws, not 39, proposed by UNHCR.
If the law of harmonization will be accepted in its current form, asylum seekers, will be left destitute: they
do not have the right to work, temporary housing or social assistance. As charitable gifts that exceed the
minimum set level, taxed and asylum seekers can not obtain identification code taxpayer, then some will
even illegally receive charitable aid from NGOs.
Important regulations are under consideration. For example, relevant ministries have not interagency
approved instructions for taking underage asylum seekers without accompanied by an adult. Given the lack
of legislation and bureaucratic delay, power not appoint a legal representative for children who are in
danger: they can not to apply for refugee status without a legal representative, they do not allow to
orphanage or temporary accommodation, they are forced to constantly seek assistance to various organs.
Although the Ministry of Health has established procedures to conduct a medical assessment of age, the
authorities frequently initiate its implementation for doubtful criteria and the problem is often solved
recognition teen adult.
In general, the process of developing laws and regulations neglected
international and European standards.
Destructive administrative reforms
Last administrative reform of the asylum system, which was launched in December 2010, led to the
termination of the latter, and the newly formed State Migration Service not hurry to fulfill all its obligations.
The process of "liquidation" of the former central government, responsible for asylum, began in December
2010 and lasted a year, during which some employees were fired and again returned to the field. Things are
in the process of transfer or became temporarily unavailable. Abnormal institutional reforms had negative
effects on the protection of asylum seekers in 2011. For example, because the management in the regions
were closed for some time, many people could apply for refugee status or renew their documents narazhalo
them at risk of arrest or fines. Also, during this period, the officials responsible for asylum, did not appear to
review of court decisions since court hearings in asylum often delayed, leaving a way things unaddressed,
resulting in judgments concerning asylum hips.
Many asylum seekers were forced to leave the country illegally in search of protection.
Administrative reform is not over. The internal structure of the State Migration Service continuing to evolve.
For example, the Department for Refugees and Aliens in spring 2012 was reorganized. His responsibilities
were expanded, and now they cover a wide range of issues including refugee status determination
procedures, administrative detention of migrants, providing foreign residence permit and a readmission
agreement. Reorganization is usually associated with change in management of state migration service: 18
months of existence has had three heads VMI. As at central and regional levels, some posts are vacant,
which limits the possibility of cases. As of mid-June, the State Migration Service said that it considered the
first part of cases regarding refugee / additional protection; hundreds of cases still pending.
UNHCR is particularly concerned that the Department for Refugees and Aliens has sufficient autonomy.
Standards of the European Union provides that "the responsible authority power "(ie, the administrative
body responsible for decision making international protection) must be civil with the right signature, budget
and autonomy decide whom to give refugee status and who does not. Only qualified, properly trained staff
should decide on granting of international protection. In such circumstances, the Department for Refugees
and foreigners lacking key components "Responsible authority". He has no right to control the budget or the
signature, the decision concerning refugee status / additional protection must be signed by several officials
who outside the Department. Under such circumstances, a decision on refugee status and protection, most
all taken under the influence of migration interests, including control of illegal migration, the
which also corresponds to the State Migration Service.
For administrative reforms were successful, requires a rational allocation of financial resources.
To fulfill its obligations under the 1951 Convention Ukraine allocates insufficient funds for the development
of the asylum system. State Migration Service was unable to complete UNHCR picture of the resources
allocated to the protection of refugees in 2012, because the structure of its budget has expanded funding
scheme of the asylum system. However, the State Migration Service informed UNHCR that it has secured
enough funds to provide food items temporary refugees. DCC said they did not receive funds to provide
information about the country of origin, local integration and overhaul of existing temporary stay of
refugees, built at the expense of the international community. Although the first time was allocated for
translation is not currently designed mechanism hiring translators. Many funds provided by the international
community in the past has been spent in vain.
Inadequate funding associated with other problems in the public administration system seekers. If
translators will not pay from the budget, they will demand money from asylum refugee status. In low-wage
employees may be tempted to do the same. If you do not invest in training officials in asylum or not to
provide them with information about the country of origin, quality of decision-making will remain at a low
level and will be open to corruption schemes. Another complication is that the decision-making processes
too centralized and opaque. A positive decision on refugee status / additional protection should have a 9
signatures. Prosecutor scrutinizes positive decision, often challenging them. State management in the field of
asylum, which is characterized by scarce financial resources, insufficient trained staff and lack of broad
autonomy, not creates conditions for analytical and individual approach to decision-making required for
fair and accurate determination of protection needs. Important reform of the asylum system require the
allocation of resources and experience to successfully complete administrative reforms in line with
European standards.
3.4. The main concern of UNHCR in protecting
UNHCR limited access to persons who are under his care in paragraphs detention on international airport
and other places that restrict freedom of asylum seekers.
In particular, UNHCR is concerned that the State Border Service often keeps people detained for trying to
illegally cross the border, "under investigation" for a few days limiting UNHCR and lawyers access to them.
General supervisory function UNHCR pursuant to Article 35 of the 1951 Convention is not entirely clear
and recognized authorities.
Asylum seekers at the border are not allowed into the country. In the first half of 2012 The European Court
of Human Rights has introduced interim measures under Rule 39 for two cases in which the Ukrainian
authorities refused asylum seekers access to the territory. While in first case of asylum seekers granted
access to the territory and procedure refugee status, otherwise people were sent to a third country, which was
evident violation of court adopted temporary measures.
Cases of detention of asylum seekers are becoming more frequent. Disillusioned paralyzed asylum system
and the lack of reception of applications in Ukraine, asylum seekers are increasingly trying to cross the
western border of Ukraine. In case they face detention 12 months imprisonment followed by deportation.
UNHCR has repeatedly pointed to the lack of logic in this process: if the case of asylum seekers pending, he
/ she can not be deported in accordance with the provisions of international and Ukrainian legislation. If the
person can not be deported, there is no reason his / her detain for deportation. Despite the administrative and
judicial complaints about this issue, detention continues. Currently, 77% detained foreigners - asylum
seekers.
Jurisprudence on asylum has not been formed because of the lack of experience and understanding of
international norms. Jurisprudence of the European Court of Human Rights properly not applicable
Ukrainian courts. For example, they continue to issue warrants detention and deportation of citizens of
Somalia despite the fact that the European Court ruled that deportation through Mogadishu would be a
violation of Article 3 (with very few exceptions) and despite the fact that Ukraine has no practical means for
returning Somalis.
Due to the efforts of UNHCR may reduce risks faced by asylum seekers and refugees in Ukraine, but can
not eliminate them. To protect asylum seekers from poverty because of the limited possibility of receiving
applications in Ukraine and the lack of economic and social rights, UNHCR provides financial assistance to
the most vulnerable people. In 2011 were spent 362.110 dollars. U.S. assistance to asylum seekers. When
problems with protection put asylum seekers in the situation unacceptable risk, UNHCR under its mandate
conducts refugee status determination procedures and directs the case of such persons in third countries
consider the possibility of relocation. In 2011, UNHCR recommended that 125 refugees who were serious
danger for resettlement, including the EU countries.
3.5. Conclusions
UNHCR is concerned that ten years after acceding to the Convention relating to the Status refugee in 1951,
asylum system in Ukraine remains ineffective, despite efforts in recent years. This approach does not give
tangible results and asylum seekers often find themselves in a worse position than ordinary workers. During
the last 15 years, UNHCR has allocated 30 million dollars. U.S. development of the field of asylum and
migration. Frequent administrative reforms and personnel changes interfere with the government to build a
sustainable system and accompanied by unsubstantiated expenses allocated funds. Despite the momentum
that was result of the implementation of the Action Plan to liberalize the visa system, UNHCR is concerned
lack of political will to create the asylum system that would meet international and European standards. If
Ukraine continues in the same vein, it may lose the confidence of donors in the field of asylum.
4. Racism and racial discrimination
4.1. Recommendations
Based on a detailed analysis of the situation ECRI has developed a number of recommendations, including
the Ukrainian government proposed the following measures to strengthen the constitutional and other
provisions to combat racism and racial discrimination:
• provide continuous monitoring, recording and appropriate response to incidents of racist incidents in the
criminal justice system;
• adopt a comprehensive anti-discrimination legislation to concerned all spheres of life;
• as soon as possible to determine the central authority responsible for coordinating activities to combat
racism and racial discrimination, and its staff should have appropriate awareness of these issues and should
be provided with adequate human and financial resources to perform its functions, in his work actively take
part representatives of civil society;
• authorities should intensify their efforts to prevent and punish violence and other crimes committed on
racial grounds, in particular by strengthening monitoring of neo-Nazi and skinhead groups.
4.2. Positive developments
In a recent report on Ukraine, issued CERD Committee on the Elimination of Racial Discrimination 14
September 2011 recorded some positive developments that happened recently:
• - Amendments to Articles 115, 121, 127 and 161 of the Criminal Code relating to accountability for crimes
motivated by racial, ethnic and religious intolerance, as well as recognition of such motives as aggravating
circumstances in cases of serious crimes - such as murder or grievous bodily harm ;
• - implementation of the Law № 7252 on refugees and persons in need of additional temporary protection,
adopted by the Parliament of Ukraine on July 8, 2011, which improved the quality of procedures for
establishing the status of refugees and asylum seekers;
• - immigration policy, approved by Presidential Decree № 622/2011 of 30 May 2011, contains provisions
that protect the rights of migrants;
• - introduction in December 2010 of a new State Migration Service of consolidated mandate that allows to
strengthen the protection of migrants' rights and accelerate decision-making on matters of migrants;
• - the adoption of the Action Plan to combat xenophobia and racial and ethnic discrimination in the period
2010-2012 years, which was put into effect by order of the Cabinet of Ministers of Ukraine № 11273/110/1-
08 on February 24, 2010, as well as activities (unfortunately paused) Interagency Working Group against
xenophobia, ethnic and racial intolerance;
• - the introduction of a separate structural unit of the Ministry of Interior to combat cyber-crime through
enhanced cooperation with the structures that are struggling with similar offshore Web sites that
disseminate intolerance;
• - of administrative reforms, including the adoption of the law on the Cabinet of Ministers and the
consolidation of local governments to improve the management and coordination of institutional responses
to racial discrimination;
• - various activities, including discussions, exhibitions and publication of relevant publications for the
public awareness of the Holocaust Roma.
4.3. Оbservations and concerns
Expressed as significant observations and concerns, including:
• - CERD (Committee on the Elimination of Racial Discrimination expressed concern that the State
Committee on Nationalities and Religions, the Interagency Working Group against xenophobia and ethnic
and racial intolerance, and the departments of the Ministry of Interior established to investigate and prevent
crimes by ethnic soil ceased to exist tension in 2010, despite the fact that administrative reform is not yet
complete. Due to the Committee recommends to form a new central authority in charge of ethnic and
religious issues and update the above institutions whose activities were terminated ;
• - CERD has stated that "... despite its recommendation to State party to adopt a new framework of anti-
discrimination legislation in 2006, the draft anti-discrimination act only developed in 2011, and its further
elaboration and adoption depend on the development and approval of a new interagency strategy against
discrimination and intolerance on behalf of the President of Ukraine ... The Committee urges the State party
to accelerate the adoption of comprehensive anti-discrimination law ... "requires a definition of direct and
indirect, de facto and de jure, as well as structural discrimination, the responsibility of individuals and
entities that covers public officials and private individuals, compensation to victims of racial discrimination
and institutional mechanisms needed to ensure full implementation of anti-discrimination legislation;
• - The Committee notes that, unfortunately, there is no information on the effectiveness of the
Parliamentary Commissioner for Human Rights, whose mandate involves in accordance with the Paris
Principles special powers in the field of racial discrimination, and encourages the Government to provide in
its next periodic report detailed information on this issue ;
• - The Committee remains concerned about the lack of modernized statistical information regarding
ethnicity, gender and age of the victims of racial discrimination, as well as reliable data on the prevalence of
"hate speech" hate crimes, the number and nature of lawsuits against those who committed such crimes,
sentences perpetrators and compensation to victims. The Committee recommends that the government
develop and apply appropriate methodology to address these deficiencies ;
• - Committee anxiety caused by objections from law enforcement agencies and their reluctance to recognize
racist or discriminatory in many cases the nature of the offenses and the continuation of the practice of
ethnic and racial profiling that leads to distortion of statistics relating to hate crimes ;
• - The Committee expresses concern about the increasing activity of extremist groups, who spread his
propaganda, in particular, referring to the youth of the country and using the electronic social networks.
CERD urges public authorities to actively counter these negative trends ;
• - The Committee considers it appropriate to amend Article 161 of the Criminal Code in order to ensure a
proper balance between protection from discrimination, including "hate speech" and the right to freedom of
opinion ;
• - The Committee is concerned about the extremely low efficiency measures and programs designed to
improve the situation of Roma, and proposes to take effective steps in this direction ;
• - The Committee notes with regret the lack of legislation on indigenous peoples, which would ensure their
rights under Articles 11 and 92 of the Constitution of Ukraine. The Committee insists that the state adopted
appropriate legislation to protect indigenous peoples and ensure their economic, cultural, and social
development, and proposes to consider Ukraine's ratification of the Convention 169 of the International
Labour Organisation (1989) of indigenous and tribal peoples ;
• - The Committee is concerned about the difficulties, suffered Crimean Tatars who returned in Ukraine
(deportation), including lack of access to land, lack of employment, lack of opportunity to learn their native
language directed at them "hate speech", lack of political representation and access to justice. The issue of
restitution and compensation for loss due to the deportation of more than 80 000 private rooms and
approximately 34,000 hectares of agricultural land remains a serious problem, especially because 86% of
Crimean Tatars living in rural areas were unable to exercise their right to the land because they did not were
members of the collective farms and state farms. ECRI recommends that the State ensure the full restoration
of political, social, and economic rights of the Crimean Tatars, including through restitution of lost property
including land or compensation for these losses. This should make appropriate provisions of the Civil Code
of Ukraine or develop a separate law ;
• - The Committee encourages the State party to amend the Civil Code and the Administrative Code to
establish civil and administrative liability for racial discrimination, including incitement to hatred through
the media and ensure remedies, including compensation for victims of discrimination .
Recently, on need to combat manifestations of intolerance and extremism in the Crimea began to pay more
attention other international, including donors. For example, the OSCE High Commissioner on National
Minorities has implemented a pilot project in 2007, the content of which was a series of intensive training
sessions for local administrations and governments. In 2008 and subsequent years OSCE High
Commissioner on National Minorities continue his new projects.
The situation of racism and discrimination in Ukraine was also reviewed 4 October 2011 at the plenary
session of the OSCE number 13. An all deficiencies of the legislation, it is insufficient to effectively fight
discrimination, but the report states, with reference to the results of public monitoring also positive trend
regarding hate crimes, namely:
• - in 2008 had committed crimes against 86 people, 4 died;
• - in 2009, victims of such crimes were 37 people, without fatal consequences;
• - in 2010 identified 14 such incidents, also without fatal consequences;
• - in 2011, 24 recorded incidents without fatal consequences .
It should be noted that the characteristic of the Ukrainian situation is a constant discrepancy between the
results of monitoring of public and official statistics. Deputy National Agency for Euro 2012 Alexander
Bîrsan commented on the situation on statistics of the Ministry of Interior in hate crimes in 2011:
"According to the joint statistical reporting Prosecutor's Office and the Interior Ministry on crime based on
racial, ethnic or religious intolerance during 2011 reported four similar crimes. including one - the threat of
murder and three - on the basis of violation of equality of citizens regardless of race, nationality or religion."
5. Minority Roma
5.1. The real situation today. Stories and comments
The local scientists are alarmed, because this level of xenophobia is not recorded since the Second World
War. For Ukraine, the issue of Roma discrimination is crucial, because Gypsies are here one of the largest
ethnic minorities. Officially, there are about 50 thousand, the actual number - two to three times greater.
Given the huge number of traditionalism and unreasonably negative stereotypes in Ukrainian society toward
Gypsies, this nation has been thrown by the wayside.
"I can not read - says 32-year-old Sergei, rum, which walking in the slums of the metropolitan area
Svyatoshyn. - I was not in school even once. Sometimes sad, of course, but do not have time to complain -
must somehow survive. We were 15 people in a two-bedroom apartment , all relatives. Since childhood i
earned by begging and ancillary works. "
With impressive statistics, about 75% of Ukrainian Roma under age 30 are illiterate. These figures illustrate
perfectly the dynamics of ethnic savagery in 20 years of independence. "We have so say the true gypsy two
ways - says Alex, Gypsy Baron from Kiev. - Or steal, or sing. Of course, life is not so clear, but a large
amount of truth in this is. "
"There is a problem of integration of the Roma minority in the Ukrainian society - says Vitali Kulik,
Director of the Center for Civil Society. - For existing mechanisms completely inefficient. In Soviet times,
the government tried to influence the Gypsies through their barons. That regular meetings were held with
local authorities barons camps and comply with them certain issues. Now such informal arrangements there,
so opened the field for even greater criminalization of this community. "
In the Soviet Union there was forced socialization of Roma. There were reprisals that decriminalized their
community. October 5, 1956 in a special "Gypsy," as it is popularly dubbed the Decree of the Presidium of
the USSR Supreme Soviet "On the involvement of Roma labor involved in vagrancy," which prohibited the
nomadic lifestyle and equated it to the infamous parasitism. There was even revived artificial fashion
Romani culture, the culmination of which was the film "Gipsy camp going to sky."
About 90% of Roma who lived in the former USSR, in 1991 settled. Now they have returned to tents -
nearly all have homes. However, the negative trend is the criminalization of an entire life of national
minorities.
The main cause of this process is that, on the one hand, most of the population of Ukraine Roma
traditionally disliked, so to find a job for them - a big problem. "I tried many times to find a job somewhere
though - says Sergey. - But come the construction as soon as construction superintendent sees that you
gypsies - all at once throws. Like, go away, because you only know how to steal. "
On the other - it is the attitude of the Roma to themselves, their place in society and the methods they use to
survive. Specific lifestyle of this ethnic group for millennia affected his mentality. "Most Gypsies earn
various fraud - says sociologist Andrew Strutynsky. - It's true, you must admit. They used to be like such
pariahs who choose society, receiving from him the hatred and contempt. I must agree that this lifestyle - a
conscious choice of the majority of Roma who simply can not imagine that you can live otherwise. This
does not deny, and that a significant part of them in many countries and in Ukraine in particular, beautifully
worked and engaged in agriculture or other socially useful activities and has nothing to do with criminals. In
my opinion, the main reason "Roma syndrome" - difficult social conditions in which from ancient times was
raised this ethnic group. Gypsies wanted to survive and used to do it all by authorized and unauthorized
ways. Often by not allowed, unfortunately. "
"Talk about criminalizing way all the Roma ethnic group is not entirely correct. No studies that clearly
would indicate that, for example, 70% or 90% of Roma are criminal lifestyle. Despite the stereotypes, a
significant number of Roma are sedentary. According to research, not more than 15% of them can really be
called nomads, and here we are talking about specific, individual communities. "
The largest in Ukraine Gypsies living in Transcarpathia, in the Odessa region and other southern regions.
The capital is attractive for those wishing to easy money, and just anyone who wants to make money.
Therefore, according to the police if local Roma in Kiev quite a bit, then seasonally, "to work," come here
every year 10-12 thousand Roma. And almost all of the criminal purpose.
In society there is a stereotype, according to which Roma - is petty thieves, pickpockets, professional
beggars, fortune-tellers, etc., as well as engaging in drug trafficking, human trafficking and become real
clans.
"Clan relations governing the life of the Roma people, - said Vitaly Kulik (director of the Center for Civil
Society). - You can not talk about the existence of a single, consolidated control center Gypsy minority.
Moreover, if rum from Transcarpathia just coming to Kyiv, local Gypsies did not he pleased. Outsiders
almost as difficult to integrate into Ukrainian society in general and the local branch of the Roma. "
The basis of the Gypsy community is the so-called camp, although in modern conditions often it is no longer
camp in the literal sense of the word. Now it is something like a clan that brings together or one or a few
families in a strong, vertically integrated structure, headed by the Baron. Each camp specializes in a
particular activity, often criminal, although there are exceptions, of course. For example, this writer found
directly in Kiev whole clan builders romale which, incidentally, is pretty good and quality work.
Families with large Roma - 10 children is not a gimmick. And they all "work". "I have started to take a
begging immediately after birth - Sergey recalls. - And in five years I have "earned" on the streets alone. In
seven years, one of my uncles began to teach all children in the camp skills and techniques pickpocket.
Since "work" vehicle, my personal specialty - Metro. I'm not too black outside, so people not paying
attention. The day of the "red" line (Kiev-Brovarska) happened and to 1 thousand came out to "earn". There
is less, and the cops are watching me. "
Noticed also increasing curiosity of Roma to trafficking and illegal immigration. Last year police eliminated
several groups of Odessa and Mykolaiv regions that were recruiting disabled persons and persons with
disabilities to "paying job" in Russia, which were then exploited as beggars. In Transcarpathia organized
Gypsy criminality has long trades illegals crossing-countrymen and other nationalities abroad in the EU.
"I'm from their camp sent several young boys in Romania - says Alex, Gypsy Baron from Kiev. - They are
using fake documents crossed the border normally settled and then went on. Now, both in France, in
Marseilles. Even we sometimes send money. I probably will not move there because too old, but young
people should go. Europeans treat us better, and have prosperous living. We do not have what to do in
Ukraine, the birthplace of romale is where his family live. "
"Gypsy illegal migration into the EU is not something new - says Vitali Kulik. - In Transcarpathia each rum
is dreaming about it. Romania is specially attractive , where is simplified procedure of acquiring
citizenship. It is always possible to buy fake documents from compatriots. But in last year the flow slightly
decreased.
5.2. Analysis of the situation of Roma in Ukraine, conclusions and solutions.
This position of the Roma in the first place due to the fact that the authorities have a negative attitude and do
not want to work with the vulnerable minority.
Many Roma do not have the basic documents of identity. This seriously affects on their access to social
rights and the right to vote. Position of Roma in the field of housing, education and access to employment
hasn’t become better. Language hatred, negative stereotypes and prejudices against Roma are still widely
common.
Ukraine must soon decide the problem decriminalization and assimilation of this extraordinary nation. It is
clear that the motion should be from both sides. On the one hand, society must realize that the Roma are also
people and also break the stereotype of "Rum - means the offender." On the other hand, the state must make
every effort to give them at least some economic alternative from crime. Of course, the main must be
aspiration of gypsies is to normal coexistence with society of the country where they live.
Monitoring results of Roma rights in Donetsk, Cherkassy, Odessa and Crimea regions made the
following conclusions:
Discrimination as a set of behaviors aimed on the protection of fundamental rights on the basis of
membership of a particular social, ethnic groups (stigmatized or vulnerable) occurs at three levels: national,
institutional and between individual (domestic). The first two levels are regulated directly by laws and
regulations. Here violations of human rights can be eliminated by the use, acceptance of new or amending
existing laws and increased enforcement of legislation. It is harder to regulate this phenomenon in
interpersonal relations as discriminatory stereotypes exist at the level of consciousness of citizens.
Therefore, the solution of this problem requires some action.
Discrimination can be realized as the act or inaction, be direct or indirect.
The concept of discrimination is not clearly defined in the Ukraine. Very often Roma themselves, are law
enforcement, workers of medical facilities, school facilities are not able to give a more or less precise
definition of discrimination or accept this concept too narrowly.
In everyday life, most Roma, faced with a violation of their constitutional rights, rarely think in terms of
discrimination and stigma, and often are unable protect their rights.
The current legislation of Ukraine contains some legal provisions to protect against discrimination of
certain groups, including ethnic minorities. However, the list of grounds for protection against
discrimination in the Ukrainian legislation is not complete and exhaustive.
In law enforcement the courts of general jurisdiction Ukraine is almost not used Convention on Human
Rights and Fundamental Freedoms and other international conventions, regulations, and standards of human
rights, ratified by Ukraine, including precedents of the European Court of Human Rights, hindering the
implementation of European human rights standards into the national legislation of Ukraine, improvement of
legal protection against discrimination.
Despite the democratization process in Ukraine there are massive violations of Roma rights, contempt for
human rights, humiliation of human honor and dignity. Common is a violation of articles 11, 21, 24, 35, 37
of the Constitution of Ukraine, the criminal law. Not implemented a number of regulations that are aimed at
protecting human rights as from the field of international law, and those that operate under national law,
including the International Covenant on Civil and Political Rights, the International Covenant on Economic,
Social and Cultural Rights The Convention on the Elimination of All Forms of Racial Discrimination, etc..
Most of discrimination in Ukraine is extended on institutional and household levels. There is no sphere of
public life, which is safe to say that there are effective mechanisms to prevent human rights abuses,
introduced strong measures against discrimination.
The main areas where discrimination against the Roma most often seen are: work, health, education, social
and law enforcement. The main grounds for discrimination is ethnicity and color. Should also emphasize the
dual discrimination of Roma women who are discriminated against in society as Romka, and Roma
environment - as women (gender discrimination).
Law enforcement agencies still retain virtually unlimited authority to arrest citizens, illegal arrest, brutal
violation of their rights and freedoms. Reproduction of this situation contributes the low level of legal
awareness among Roma disbelief in justice and the rule of law and lack of professionalism of some police
officers in human rights.
However during training and communication with police and government officials organizers are faced with
the fact that almost all participants expressed the idea "Wine because Gypsy" and considered one of the most
problematic Roma crime in the sense of the population. Most police officers indicated that their practical
experience suggests that crime is part of the Roma mentality, and this requires appropriate violent response
by the police.
According Roma words police workers (especially Criminal Investigation Service and police inspectors)
have told offensive statements concerning the Roma community. However, to fix such facts virtually
impossible, making impossible disciplining police officers.
Priority actions in this direction should be related to the immediate adoption of the law on combating
discrimination and its fast implementation of the Ukrainian realities. Other measures that should be taken in
the near future - the development and implementation of comprehensive norms for schooling, including all
related mechanisms to support stakeholders of school education as the right to education of Roma children
in Ukraine should be fully secured. These and other measures, which contains a detailed description , require
a high level of interest and political will on the part of Ukrainian officials.
Government of Ukraine should take the following measures:
1. Top priority should be adoption of law against discrimination, which would contain detailed information
on the protection and procedures, particularly in all that relates to discrimination on racial or ethnic grounds.
2. Take effective measures to prevent, detect instances of racial discrimination within the judicial system
and the punishment for this crime.
3. Provide effective legal assistance in cases of discriminatory practices against Roma in education,
employment, housing, health care, social services and access to civil rights.
4. Ensure security policies inhabitants of Roma communities and settlements to protect their citizens from
violent evictions as a traditional segregation practices of local authorities.
5. Ensure all citizens of Ukraine of all personal and other documents necessary for the implementation of
fundamental civil, political, social and economic rights. Develop a program to ensure the registration of all
persons who are actually living in the territory, and ensure that local authorities do not refuse to register
Roma.
6. Promote correct existing statistical data on Roma in Ukraine providing social services, access to
education, employment, health, social welfare and justice.
7. Develop and implement a comprehensive training program for officials at all levels to ensure
understanding of the civil servants of national and international standards that prohibit discrimination, and
their use in the work, including to ensure that they perform their duties to protect the citizens of Ukraine
from discrimination.
8. At all levels, to publish information on the fight against racial discrimination Roma form a clear
understanding that tolerance towards racism in the country will never happen.
9. Provide fundamental response from the heads of local authorities to address Roma for violations of their
rights.
10. Establish cooperation between Roma communities and leaders UMVD in each region and Roma-
populated areas.
11. Include representatives of Roma NGOs and representatives of Roma communities in the public councils
at MIA in each region.
6. Foreign students
6.1. The flow of students Many decades Ukraine accepts students from other countries. Since 1946, Ukrainian higher educational
institutions have produced about 250 thousand professionals from more than 160 countries. Get a higher
education in Ukraine is still getting applicants from many countries, and annual number of applicants
increases. In 2000, the country studied almost 20,000 foreigners in 2010, the figure has doubled and now
exceeds 55,000. The number of foreign students to Ukraine is among the top ten countries.
Ukraine has a strong scientific school provides high quality training and education meets international
standards. And the cost of training still remains lower than in many other countries. In addition, the cost of
living in Ukrainian cities are low.
Traditionally, the largest influx of students is from Russia, Africa and the Middle East. However, the
geography of the regions from which they come to study in Ukraine is much broader and covers 130
countries.
By number of foreign students- leaders are the biggest Ukrainian cities. The first two places occupied
Kharkiv, where the 28 higher education institutions have a license to teach foreign students, and the capital
of Ukraine - Kyiv - there are 41 higher education institutions, where they take on teaching foreigners. In
these cities are studying more than 20,000 students from different countries. In Kyiv and Kharkiv, many
universities have licenses for foreign students: in Odessa - 18, Dnepropetrovsk - 16 in Donetsk - 11. The
most attractive professions for students from other countries are medicine, engineering, economics and
finance, social sciences and linguistics.
The largest number of foreign students is studying in the following cities: Kharkiv, Lugansk, Donetsk,
Vinnytsia, Lviv and Kyiv.
6.2. Support for foreign students from the state
Every year the Ministry of Education, Youth and Sports of Ukraine allocates about one thousand
scholarships foreigners at the expense of the state budget in accordance with international treaties of
Ukraine. Enrollment of foreign students in Ukrainian universities and institutes lasts for half a year.
Foreigners schools allocate additional space. For a contract to study prospective students must have
documentation of secondary education of the country.
At many universities and institutes that make adoption of foreign students, are opened specialized training
department. Training at the Faculty usually lasts one year. Passage of the preparatory course is particularly
relevant if you want to select a training program in Russian and Ukrainian languages, and knowledge of
these languages you still insufficient. During the year, a prospective student can learn Ukrainian or Russian,
as well as deepen their knowledge of the core disciplines. After preparatory faculty graduates receive a
certificate that entitles them to enter any educational institution in Ukraine for the interview on a contractual
basis. Passage of such a preparatory course provides further successful learning, and helps prospective
students to adapt new socio-cultural environment.
Citizens of other countries who are of Ukrainian origin, have the same rights to education as the citizens of
Ukraine, upon the following areas of education, such as: education, arts, humanities, journalism. They can
join the Ukrainian university or institution on a general basis, including training of public order. You must
get a referral to study in Ukraine from ethno-cultural communities in the country of residence. Citizens of
Ukraine residing abroad are eligible to receive higher education in all public schools on the same basis.
7. Civil Society
Civil society in Ukraine pays great attention to intolerance to various minority groups, acts of violence
(particularly against certain categories of "new immigrants" and especially the members of "visible
minorities") and xenophobia, especially against vulnerable groups such as Roma.
The most successful activity of civil society organizations and NGOs are continuous and detailed monitoring
of cases related to these problems. For example, monitoring symptoms and cases of anti-Semitism in
Ukraine continued for more than 10 years, monthly reports covering other forms of xenophobia, acts of
vandalism, "hate speech" in the media and in the statements of public figures, the reaction of the authorities
and so on. To some extent, this role civil society compensates for the lack of continuous monitoring by the
responsible government
It is worth noting that the "non-ethnic" NGOs, especially expert and those dealing with prevention
conflict, conflict management and resolving conflicts, dealing with
methodologically challenging, sometimes exhibit a high level of creativity and
use a variety of tools and approaches, including people's diplomacy, modern
meditation techniques and conflict resolution. Thus, the contribution of NGOs in promoting
tolerance and preserve ethnic peace in Ukraine are not less important than
organizations and movements created on ethnic basis
Another example of active civil society is a network of centers European integration of Ukraine, which was
established on the basis of public libraries and organizations in May 2006 and now operates in 16 regions of
Ukraine. One aspect of activity centers is an information and advocacy work focused particularly on
spread European values such as human rights and minority rights and effective protection against
discrimination. The main objectives of the Network is to consolidate efforts and cooperation civil society
organizations at the international, national, regional and local levels. As part of this activity in 2008, a
campaign was organized "Tolerance as a Way to Europe", held in the context of the European Year
intercultural dialogue. Breadth of this campaign that covered most regions of Ukraine, and the establishment
of close links between the concepts of "tolerance" and "European" in the minds of young people, of course,
greatly contributed to raising awareness and
perception of such values
Civil society in combating and protecting against discrimination intensified after a coalition with the anti-
discrimination. This nationwide non-governmental Human Rights Initiative was established by the signing
of Ukrainian NGOs special Memorandum of April 5, 2011. Activity Coalition focused on real security in
Ukraine principle of civil equality for all people regardless of certain social or individual characteristics,
development, expansion and improvement of human rights in Ukraine, opposition attempts to unfairly
restrict the rights of certain categories of citizens; eradicate the phenomenon of discrimination, of social life.
As of March 1, 2012 year the Coalition against discrimination were 26 NGOs, and their number is
constantly increases.
