MONITORING REPORT On the suspension of IDP certificates, Social Payments and Pension Payments for IDPs in the Kharkiv, Donetsk, Luhansk, Zaporizhzhia and Dnipropetrovsk regions
Advocacy, Protection and Legal Assistance to the Internally Displaced Population
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TABLE OF CONTENTS Introduction 4 Interviews with Internally Displaced Persons
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Observation of the Department of Labor and Social Protection of Population
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Observation of the Department of the Pension Fund of Ukraine
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Observation of the State Migration Service
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Interviews with caseworkers of the Department of Labor and Social Protection
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Interviews with caseworkers of the Department of the Pension Fund of Ukraine
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Interviews with caseworkers of the State Migration Service
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Recommendations 17
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From 14 March to 1 April, 2016, the “RIGHT TO PROTECTION’’ conducted a large-scale monitoring of the suspension of Internally Displaced Person (“IDP”) certificates/payments campaign. The Ministry of Social Policy (the “MSoP”) in cooperation with the State Security Service of Ukraine (the “SSU”) initiated the suspension of payments. The aim of the monitoring was to discover the grounds for the cancellation of IDP certificates and suspension of social payments and pensions to IDPs who allegedly live in the NGCA of Ukraine. The state organs which suspended payments and/or canceled IDP certificates are the MSoP, the Department of the Pension Fund of Ukraine (the “PF”), the Department of Labor and Social Protection of Population (the “LSP”), and the SSU.
DURING THE MONITORING, INFORMATION WAS OBTAINED VIA:
1
interviewing IDPs (in the lines at/near the local offices of each authority, in the collective centres, near the local branches of Oshadbank)
2
interviewing caseworkers of the LSP, PF, the State Migration Service (the “SMS”)
3
observations made while visiting local offices of the abovementioned institutions
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responses to written requests by regional departments of the PF and LSP regarding the number of cancelled IDP certificates and number of persons whose social payments and pensions were suspended.
The aim of the monitoring was to discover the grounds for the decision by the MSoP, PF and SSU to cancel the IDP certificates of and suspend social payments/pensions to IDPs who allegedly live in the NGCA of Ukraine. 1
During this monitoring in Donetsk, Luhansk, Kharkiv, Zaporizhzhia and Dnipropetrovsk regions WERE INTERVIEWED:
2 770
IDPs
WERE VISITED:
125 Offices of the LSP 109 Offices of the PF 95 Offices of the SMS 1
For convenienceсe of monitoring, Donetsk oblast was divided into 2 parts: North and South.
North Donetsk region refers to locations including Kramatorsk, Druzhkivka, Kostyantynivka, Bakhmut (formerly Artemivsk), Bakhmutskyi raion, Mykolaivka, Slovyansk, Slovanskyi raion, Dobropillya, Dobropilskyi raion, Dymytrov, Oleksandrivskyi raion, Krasnoarmiisk, Krasnoarmijskyi raion, Selydove, Novohrodivka, Svyatohirsk, Lyman (formerly Krasnyi Lyman), Lymanskyi raion (formerly Krasnolymanskyi raion), Toretsk city (formerly Dzerzhynsk) with adjacent communities (Novhorodske, Shsherbynivka, Kirove, Kurdyumivka, Artemove city), Kostyantynivskyi raion. South Donetsk region refers to Mariupol city, Volodarskyi, Velykonovosilivskyi, Mariinsky (up to the “grey zone”), Kurakhivskyi, Mangushskyi (formerly Pershotravnevyi) raions.
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INTERVIEW WITH IDPs
For the vast majority of IDPs (nearly 84%), the procedure for renewing the IDP certificate and/or social benefits and pension payments was unclear. Approximately 71% received clarification/explanation on the procedure from local authorities. According to the monitoring findings however, IDPs verified these clarifications with other sources. IDPs verified the information in mass media, with support of non-governmental organisations (“NGOs�) and other sources. The abovementioned findings show that there Is a lack of informational support from local authorities and a lack of trust towards the authorities.
Respondents place of residence
live in the NGCA
325 (12%)
2445 (88%)
live in the GCA
Additionally, of the IDPs interviewed who live in the GCA, 45 (34%) live in the town/village listed on their IDP certificate, but not at the listed address. Thus, the majority of IDPs interviewed reside at the location where they received the IDP certificate: 78.5% out of the total number of IDPs interviewed reside at the address indicated on their IDP certificate. Slightly fewer than 10% of the IDPs interviewed live in the town/village listed on their IDP certificate, but not at the listed address. The prevailing number of IDPs interviewed who reside in the GCA, but not at the listed address, stated various reasons for leaving the listed address, including problems with the initial accommodation, moving in with relatives/ friends, etc.
Out of the IDPs who live in the GCA
5% do not reside at the address listed in the IDP certificate
89% live at the address listed on the IDP certificate
6% refused to disclose where exactly they live
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Nearly 40% of interviewed IDPs who reside in the GCA have not crossed the frontier/contact line during the last 6 months. Another 30% crossed the contact line several times. Less than 10% regularly cross the frontier. Thus “social benefit tourism” is not a regular phenomenon in the Eastern 2 Ukrainian oblasts which host the largest number of IDPs. 79% of the IDP respondents were interviewed at the local departments of the LSP, PF, and at other government institutions where one is likelier to meet “social benefit tourists.” Almost 60% of IDPs interviewed who reside in the GCA receive pensions and targeted assistance.
Impact of the suspension of social benefits and pensions on IDPs who live in the GCA
not have 5% did any impact significant 10% had impact
40% critical impact did not have a
45% significant impact In addition to this, the majority of the IDPs interviewed were not informed in advance about the suspension of their IDP certificates/social benefits or the grounds for suspension. The results of the monitoring show that the majority of those who apply for IDP social payments under Resolution of Government # 505 are pensioners. This is partially explained by the fact that pensions are payable only to those with valid IDP certificates. According to Resolution #505, only after reregistering with the LSP may one transfer his or her pension to the local PF. Thus, pensions are “bound” with IDP certificates, creating the current problem where cancellation of an IDP certificate not only deprives that person of social benefit payments, but also deprives them of their pension. In most cases, pension payments provide the IDP’s only source of income. The right to receive a pension cannot be connected to displacement or movement within the territory of Ukraine, as stipulated by Article 46 of the Constitution of Ukraine. Out of the IDPs interviewed who DO NOT live in the GCA, 270 were interviewed in/near the MoSP/PF (83% of respondents who do not live in the GCA, 10% of total respondents). Such cases were not found in the Dnipro and Kharkiv regions. The prevailing number of IDPs at the LSP and PF faced problems in receiving social benefits and only a small percent stated that do not reside in the GCA.
Regular timely movements of Ukrainian citizens from NGCA to GCA and back in order to receive social payments in GCA but without the intention of temporary internal displacement, though with registering and obtaining IDP certificate 2
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Thus, it is worth reiterating that a large number of IDPs who permanently reside in the GCA had their IDP certificates and social benefits suspended, and are thus victims of the MoSP’s campaign. Thus, 93% of interviewed IDPs who reside in the NGCA were significantly impacted by the suspension of their social benefits/pensions. The majority (257 persons out of 325, 79%) who do live in the NGCA were interviewed at/ near the LSP/PF and reported that they receive pensions. It is worth noting that pensions provide their main source of income.
A 91-year-old citizen of Ukraine fled from Luhansk with his family to a village in Kryvorizkyi raion in the summer of 2014. The old man has never left the village as it is difficult for him to move due to poor health. The old man was informed by LSP caseworkers that he was placed on the SSU “lists,” thus his benefits and pension was suspended. The family had to pay for a taxi to bring him to the Kryvyi Rih LSP offices to renew his social benefits. But the man’s pension was not renewed because he failed to the visit the PF office.
According to the monitoring findings, those who have IDP certificates and who do not permanently reside in the GCA applied for IDP certificates only because it is a prerequisite for them to receive pensions. Moreover, a very small number of individuals not permanently residing in the GCA have IDP certificates are “social benefit tourists,” seeking to apply for IDP social payments under Resolution # 505 (only 3.7% of those who reside in the NGCA, or 0.4 % out of the total number of interviewed).
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OBSERVATION OF THE LSP
The monitoring showed a lack of available information on the process surrounding the suspension of IDP certificates and social payments. At the beginning, local LSP offices had virtually no information regarding the procedure to suspend IDP certificates and social benefits. Though there has been an increase of information flowing to LSP offices, it has reached less than 33% of offices visited. The informational flow improved one month after the suspensions began. Nearly 38% of LSP offices are ill-equipped for wheelchairs. Ramps are either absent or difficult to use. Only 15-20% of LSP offices are equipped for the blind or those with poor sight (information with Braille characters, forms and information was available in large print). There were queues in the majority of offices visited and most visitors were middle-aged, pensioners, or vulnerable (mothers with small children, persons with obvious disabilities, etc.). The conditions in LSP offices is of great concern because it hinders the renewal of IDP certificates/social benefits which IDPs are entitled to, particularly for members of the most vulnerable categories. According to the monitoring findings, queues of more than 50 persons were observed in the north part of Donetsk oblast, Luhansk oblast, Berdyansk city (Zaporizhzhia oblast) and Izuim city (Kharkiv oblast). According to the findings, the suspension of payments issues were unsolvable in a single visit to the LSP in the south part of Donetsk oblast, Zaporizhzhia and Kharkiv oblasts.
The queue to the LSP in Kramatorsk, Donetsk oblast
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The queue length can partly explained by the fact that the LSP caseworkers were the main source of information regarding the suspension/renewal of IDP certificates and social benefits. Thus, the work of caseworkers comprised not only of administrative services, but also consultations and clarifications. It is worth noting that in most of the local offices, no more than 2-3 caseworkers worked on these issues and they could not physically manage the increased size and scope of the workload. The majority of IDPs who had their social payments suspended were forced to reapply to the MoSP multiple times in order to renew their IDP certificates/ social payments. IDPs had to travel great distances from their places of residence and wait in long lines in uncomfortable places.
IDPs have to stand/wait in the queue to the LSP of Slovyansk town starting from 3AM. Those IDPs who do not live in town cannot wait in the queue at night as they are dependent on public transport. Even if IDPs take the earliest bus, they will arrive at the LSP after 8 AM and their queue number will be far higher than 100. On 22 March, the list (pre-registration queue) consisted of 210 people by the midday, and the IDP with number 100 was served at approximately 4 PM.
The majority of local MoSP offices are not designed to speedily service large numbers of citizens. Speed was critical for the majority of IDPs interviewed as the IDP certificates entitled them to their main source of income– social payments. The offices lack the logistics, human resources, and informational and methodical training to provide adequate service. According to our monitoring, in the majority of cases, access was limited in cases pertaining to the procedure of renewing IDP certificates, social payments and pension payments. There was no access to the procedure for IDP pensioners, people with special needs, mothers or with small children. This lack of access has negatively impacted their welfare and worsened their socio-economic condition.
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OBSERVATION OF THE PF
The monitoring showed a trend of a lack of available information on the process of renewing IDP pension payments. From the very beginning it was clear that the local PF offices had nearly no information on the suspension of IDP pension payments. The amount of available information materials supplied by the local PF increased only twice during the month-long period since the beginning of the suspension campaign. This shows the passive reaction and reluctance of local authorities to meet the needs of the displaced population.
In the Dnipropetrovsk region on the other hand, informational materials were available for IDPs in all local PF offices. Lines were long in the majority of local PF offices where team members visited, especially in the Donetsk and Luhansk regions. This is partially because PF caseworkers were the main source of information regarding the suspension/renewal of IDP pension payments, thus, the caseworkers not only provided administrative services, but also consultations and clarifications. The increased scope of the work required each caseworker to devote more time to each issue. It is worth noting that in most local offices, no more than 2-3 caseworkers were working on these issues, and they had difficultly managing the increased work scope and large number of citizens seeking assistance (taking into account the time spent issuing the necessary documents and providing consultations). In the majority of cases, it was possible to renew pension payments in a single visit to the PF if the pensioner had a valid IDP certificate and an account at Oshchadbank. Taking into account the abovementioned information, the monitoring showed that the pension payment renewal situation is much better than the IDP certificate renewal situation.
The queue at the PF, Toretsk, Donetsk oblast
Reasons for this include: local PF offices are better equipped than those of other government agencies; the lines are smaller; issues are solvable in a single visit. This is partly explained by the fact that in order to renew pension payments, IDPs must already have a valid IDP certificate issued by the LSP and an open Oshchadbank account, rendering pension renewal more of a technical procedure than a substantive process. Additionally, a smaller number of IDPs applied to the PF than to the LSP.
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OBSERVATION OF THE SMS
During the monitoring, local departments of the SMS stopped working with IDPs, in accordance with the Law of Ukraine as of 24.12. 2015 #921 On amendments to some Laws of Ukraine as to enhancing protection of rights and freedoms of internally displaced persons,� which came into force on 13 January 2016 (with the exception of Dnipropetrovsk and Zaporizhzhia oblasts, where the SMS continued to issue stamps on IDP certificates in accordance with requests by local authorities to prolong IDPs social benefits and pensions). There were lines of up to 20 persons in the oblasts where the SMS continued to issue stamps in spite of the changes in legislation. It is worth mentioning that the majority of local SMS offices are inconvenient/unequipped for the elderly and persons with special needs, with the exception of several SMS offices in the Zaporizhzhia oblast. This decreased access to the IDP certificate and social benefit renewal procedures for certain types of special needs persons.
It is worth noting that during the monitoring, no IDPs stated that they live in the NGCA. Thus, these IDPs were not only negatively impacted by the unreasonable suspension of their IDP certificates and social benefits/payments, but also by having to obtain place of residence stamps from the SMS, even though it was not stipulated for in the legislation. The queues at the SMS, Zaporizhzhia
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INTERVIEWS WITH LOCAL AUTHORITIES’ WORKERS According to LSP caseworkers surveyed, IDP certificate renewals require
The majority of LSP workers interviewed (67 persons, 56%) stated they had received clear instructions on how to respond to IDPs’ queries regarding the “lists” and on the suspension of IDP certificates/social payments. 69 LSP workers (60%) stated that they have a clear procedure for the renewal of IDP certificates. Unfortunately, there is no application procedure common to all LSP offices.
3% A phone call to the LSP
18% Applications may be done by IDPs themselves or by their legal representative for people with disabilities/limited ability
23% Other
26% A visit to the LSP with the necessary documents and confirming one’s place of residence (by coming with neighbors, or with the owner of rental accommodation; providing a reference certificate from school or kindergarten)
40% A visit to LSP, bringing one’s passport and IDP certificate
78 workers of the LSP (66%) stated that they have no clear procedure for the renewal of IDP social payments. 51 of the LSP workers interviewed (43%) confirmed the availability of application samples which may be used as a guide when renewing IDP certificates and social payments. 67 interviewees (56%) stated that they have a particular procedure to renew IDP certificates/social payments for IDPs who cannot visit the institution in person due to disability/ limited mobility. So, according to the results of the monitoring, less than half of the LSP staff workers have a clear understanding of the procedure to renew IDP certificates. Those staff workers who informed us that the procedure is clear and comprehensive provided completely different variants of the procedure. The same can be said of LSP staff workers’ understanding and implementation of the special procedures to renew social payments for IDPs who cannot apply in person. Further, the procedures differ from office to office. Even one month after the suspension campaign, there was little understanding of the procedure to renew IDP certificates/social payments. There is also no common procedure to renew IDP certificates and social payments for elderly and special needs IDPs.
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A female IDP lives with a child in a remote village of Zaporizhzhia oblast. She found out from the TV news that there is no need to prolong IDP certificates anymore. However, her IDP certificate had expired, so she called the LSP. The caseworkers asked her to visit the LSP office. When she told them she was unavailable for an in-person visit, they reassured her that she could apply to the LSP later. But the caseworkers did not inform her that her social benefits would be paid only from the time her IDP certificate was renewed. The woman applied to the LSP one month later. There was no information regarding the social benefit renewal procedure and the LSP caseworkers were unable to comprehensively explain it. The woman complained to the MoSP hotline and wrote a written complaint to the LSP. Her social benefits were renewed two months later.
Informational requests to the LSP offices in Donetsk and Kharkiv oblasts regarding the number of IDPs registered in each region, and the number of those who had their IDP certificates and social benefits suspended, provided unclear answers. Written requests to LSP offices in Zaporizhzhia, Dnipropetrovsk and Luhansk oblasts went unanswered. Thus, in addition to the lack of understanding surrounding the IDP certificate and social payment renewal processes, the monitoring results also showed that the LSP offices do not keep reliable statistics (or such statistics are not provided to NGOs) on the suspension and renewal of different types of IDP social payments, including targeted assistance per resolution #505 broken down according month and different categories (male, female, children, people in difficult situations, age, people with special needs, etc.).
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INTERVIEWES WITH PF CASEWORKERS Answers of PF caseworkers to the question of who exactly has had their pension payments suspended
Most of the case workers of DPFU (69 persons, 68%) noted that thave clear written instructons. However, according to monitoring findings, there is no unified procedure.
9%
23%
All pensioners
Other
64% Only those pensioners on the “lists”
According to the PF caseworkers, a pension renewal can occur in the following ways
1% IDP pensioner can call the PF
4% An IDP can apply to the PF in person or through a legal representative for persons with disabilities/limited mobility
11% Others
29% In person visit, bringing one’s passport and IDP certificate (IDPs need not have visited the LSP prior)
48% In person visit to the PF, bringing one’s passport and “renewed” IDP certificate (requiring a prior visit to the LSP to obtain the renewed IDP certificate)
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The majority of PF workers (69 persons, 68%) informed us that they received clear instructions regarding the pension payment renewal procedure even though the renewal procedure differs from office to office. About half of the PF caseworkers (52 persons, 51%) informed us that they have examples of applications that can be used by applicants. Besides, the majority of PF caseworkers (59 persons, 58%) informed us that they have a special procedure for renewal of pension payments for IDPs who cannot apply to the PF in person (IDPs with disabilities/limited mobility). At various offices, PF caseworkers utilize different procedures for special needs IDP and no common procedure is available.
The queue at the PF’s Kharkiv office
One month after the suspension of IDP certificate/pension payments, there was no understanding of the pension renewal procedure, nor any special procedure for elderly and special needs IDPs to renew their IDP certificates and social payments. Official inquiries to the PF offices in 5 regions regarding the number of IDP pensioners registered in each region and the number of IDPs who had their pension payments suspended provided responses too diverse to systematize. Thus, besides a lack of awareness among PF staff workers regarding the pension renewal process, the monitoring showed that the PF does not keep statistics (or such information is not provided to NGOs) on the suspension and renewal of pension payments broken down according to sex, age, vulnerability, etc. Absence of the abovementioned statistics by the LSP and PF make evaluation of the consequential humanitarian situation impossible. Without the necessary information, an informed humanitarian response by governmental institutions and NGOs is impossible.
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INTERVIEW WITH SMS CASEWORKERS
Out of the total number of SMS caseworkers surveyed
In the Dnipro region however, the SMS provides IDPs with support letters that confirm IDPs’ residence. The stamp is not put on the certificate but in a separate document. During monitoring, it was revealed that the IDP certificates are stamped only in the Dnipro and Zaporizhzha oblasts. The majority of SMS caseworkers who issue stamps do so by directly stamping the IDP certificates. The procedure of issuing stamps differs in both oblasts. It was also revealed that the majority of SMS staff in the Dnipro oblast have a special procedure of stamping IDP certificates for those special needs IDPs who cannot apply to the SMS in person.
34%
Issue stamps on IDP certificate upon request
66%
Do not issue stamps on IDP certificates
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RECOMMENDATIONS: For the Cabinet of Ministers of Ukraine:
1. To harmonize the legislation in accordance with the Law of Ukraine of 24.12.2015 921-VIII «On amendments to some Laws of Ukraine as to enhancing protection of rights and freedoms of internally displaced persons,” to reduce the social tension caused by MoSP’s suspension of social benefits to IDPs and non-compliance with the aforementioned Law; 2. Immediately cease the suspension of IDPs’ social benefits and pensions; 3. To ensure the timely allocation and payment of all social benefits/payments and pensions to IDPs; 4. To ensure that social payments to citizens, including pensions and other types of assistance, are not connected with IDP certificates; 5. To create a Single Database of Internally Displaced Persons in accordance with the Law of Ukraine “On ensuring of rights and freedoms of internally displaced persons,” including information on people with disabilities and other special needs; 6. To conduct information campaigns raising awareness of the rights of internally displaced persons; 7. To develop and implement a National Program for Accommodation of IDPs, which would provide various types of assistance to displaced persons including home ownership and/or use of a habitable home during the period of displacement; 8. To create mechanisms for the payment of pensions to persons residing in the NGCA.
For the Ministry of Social Policy of Ukraine:
1. To immediately stop suspending IDP certificates and social benefits to IDPs on grounds which do not accord with the regulations and legislation of Ukraine; 2. To draft and adopt clear rules and procedures on the renewal of suspended IDP certificates and social benefits, taking into account the specific needs of people with disabilities and elderly IDPs; 3. To reinforce the capacity of local social protection authorities in terms of information of concern to IDPs; 4. In cooperation with NGOs, launch nationwide information campaigns for central and local authorities as well as for IDPs, to raise awareness and understanding of the general provisions of the Law of Ukraine “On ensuring of rights and freedoms of internally displaced persons,” especially on the changes to the Law which came into force in 2016; 5. To create a Single Database of IDPs with includes data on persons with disabilities, pensioners, single parents, families with 3 or more children and other vulnerable categories;
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6. To draft and adopt amendments to legal acts to ensure that caseworkers conduct home visits to IDPs who are physically disabled as well as elderly IDPs, ensure that caseworkers help IDPs in the abovementioned categories complete their IDP certificate application forms and apply for social benefits according to resolution of the Cabinet of Ministers # 505; 7. To consolidate the statistical information (and make available for public use) regarding the suspension/renewal of all types of government assistance to IDPs, including information regarding social benefits according to resolution of CMU #505, broken down according to various categories (female, male, children under 18, families in difficult conditions, disabled, etc.).
For the Ministry of the Temporarily Occupied Territories and Internally Displaced Persons Ukraine:
1. To facilitate cooperation between central and local authorities on issues concerning IDP registration and provide many types of assistance to IDPs;
For the Pension Fund of Ukraine:
1. To immediately stop suspending payments of pensions to IDPs on the grounds which do not comply with the regulations and legislation of Ukraine;
2. To facilitate the launch of an information campaign for central and local authorities, as well as for IDPs, to raise awareness and understanding of the general provisions of the Law of Ukraine “On ensuring of rights and freedoms of internally displaced persons,� especially on the changes to the Law which came into force in 2016.
2. To set clear rules and procedures on renewal of suspended IDP certificates and social benefits, taking into account the specific needs of people with disabilities and elderly IDPs; 3. To ensure timely allocation and payment of pensions to IDPs; 4. To support the activities of local Pension Fund offices by supplying them with information on issues of concern to IDPs; 5. To consolidate the statistical information (and make available for public use) on suspension/renewal of pension payments to IDPs, broken down by location and various other categories (sex, age, families in difficult conditions, disability, etc.); 6. To equip sites of local Pension Fund offices for usage by the elderly and persons with special needs.
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For the State Migration Service of Ukraine:
1. To ensure implementation of the provisions of the Law of Ukraine of 24.12.2015 921-VIII «On amendments to some Laws of Ukraine as to enhancing protection of rights and freedoms of internally displaced persons,” by all local SMS offices; 2. To equip the sites of local SMS offices for usage by the elderly and persons with special needs.
For the Regional State Administrations:
1. To prevent breaches of the Law of Ukraine “On Access to Public Information” by providing unimpeded and timely provision of complete, authentic, and accurate responses to requests for information; 2. To facilitate cooperation with human rights NGOs by sharing information that is of public interest and important for the protection of the rights and freedoms of citizens; 3. In cooperation with NGOs, launch regional informational campaigns for the staff of administrative units at the raion level, local authorities of the executive branch including the departments of labor and social protection as well as for IDPs, to raise awareness and understanding of the general provisions of the Law of Ukraine “On ensuring of rights and freedoms of internally displaced persons,” and the changes to the Law which came into force in 2016; 4. To equip the sites of local LSP offices for usage by the elderly, persons with special needs, and mothers with small children.
This publication has been produced with the assistance of the UN Refugee Agency (UNHCR). The contents of this publication are the sole responsibility of “Right to Protection” and can in no way be taken to reflect the views of UNHCR.
For more information please contact: pr@r2p.org.ua