Human Rights Defenders: Regulation of the Cabinet of Ministers No.79 Steps on the Rights of the Displaced Persons

The Ukrainian Helsinki Human Rights Union, conducted the press-conference concerning the adoption by the Cabinet of Ministers of Ukraine of the Discrimination Regulation No. 79 on March 4, 2015 touching upon the questions on formalization and issuance of the Registration Certificates  for persons displaced from the  temporarily occupied territories of Ukraine or ATO areas.

The discrimination aspects of the CMU Regulation No.79 were discussed at the press-conference as well as the fact on who is to profit from misrepresentation of law.

In opinion of Borys Zakharov, the director of the Advocacy Centre of the Ukrainian Helsinki Human Rights Union, this regulation contains instantly two threats to the rights of internally displaced persons. Firstly, the registration terms for internally displaced persons declared in the Regulation No. 79 are essentially not enough realistic, which would cause loss of validity of the “Certificate of internally displaced person”. According to the opinion of Borys Zakharov, this artificial obstacle is formed aiming to reduce the scale of assistance to people who are in the need of it. Secondly, the Regulation interprets incorrectly the existing Law on the observance of rights and freedoms of internally displaced persons. Proceeding from the Regulation No. 79, the Certificate of displaced person loses its validity without the stamp of the State Migration Service of Ukraine attaching completely the process of registration to the Soviet Institute of “domicile registration”.  This contradicts the Constitution, international standards and legislation of Ukraine.

Oleksandra Dvoretska, coordinator of legal orientation of the initiative “Vostok SOS”, is convinced that this Regulation establishes the accessory control over the displaced persons by the State Migration Service of Ukraine (SMSU). In its logics on control over the displaced persons, the Cabinet of Ministers puts them on the same footing as the persons under administrative supervision after release from the places of detention. Therewith, this type of control is established over those who commit the crime not for the first time or have already committed grave crimes or crimes connected with drug trade.

The human rights defenders appeal to the Cabinet of Ministers of Ukraine to amend the regulation, to increase the term for registration of the place of residence and remove all discrimination provisions, and in its further work to adhere to the principle Pacta Sunt Servanda (agreements shall be observed), the commitment to which will provide for the rule of law in Ukraine.