The overview of the current social and humanitarian situation, within the territory of the Donetsk People`s Republic as a result of hostilities between 3 and 23 December 2016

Our joint efforts are focused at HUMAN BEING with his/her rights, freedoms and needs. 

Each problem is someone’s life and destiny.

We should not be indifferent.

Our task is to make maximum efforts for ensuring respect to human rights of all DPR citizens.

 

On 19 December 2014 The DPR People’s Council adopted the law “On the Ombudsman of the Donetsk People’s Republic”. It doesn’t vest the Ombudsman with governmental authority. The Ombudsman’s work can be measured only by her responses to the human rights violations and by the results of performance of her duties.

The central mission of the Ombudsman of the Donetsk People’s Republic (hereinafter referred to as the Ombudsman) is to monitor observance of citizens’ rights and freedoms, facilitate restoration of violated rights and take measures to prevent violations.

The Office of the Ombudsman, which is a permanent state body, was established to ensure the work of the Ombudsman.

The primary objectives of the Ombudsman and her Office are:

• To safeguard the rights and freedoms of man and citizen;
• To restore violated rights and freedoms of man and citizen;
• To improve the legislation of the Donetsk People’s Republic;
• To provide legal education in matters of human rights and freedoms of man and citizen, forms and methods of protection of these rights;
• To interact with the state bodies of the Donetsk People’s Republic for the protection of the rights and freedoms of man and citizen;
• To develop and coordinate international cooperation regarding human rights and freedoms of man and citizen.

In the Donetsk People’s Republic human rights are patronized by the Human Rights Ombudsman and her Office.

Citizens can apply to the Ombudsman in any suitable way. Now, the majority of applications is still verbal and submitted through personal reception either with the Ombudsman or the heads of the Office, addressing the Public Complaints and Appeals Department, via hotlines and via web-reception on the Website of the Ombudsman. There is a possibility to file a written complaint that may be submitted either in person or via e-mail. Since 2016 the Ombudsman received 7059 appeals. In the period of work between 17 November and 23 December 2017, 45 of the claims were accepted by the Appeals department 44 calls were made via hotlines. 48 applications were received via e-mail, 8 written appeals were taken into consideration, 12 – have been considered among those received earlier, 26 citizens were provided with legal counseling.

All appeals received can be divided into four categories: violations in criminal law – 327 appeals, violations in civil law– 409 appeals, administrative and legal violations against the DPR citizens – 44 appeals, social and humanitarian issues – 6279 appeals (diagram 1).

 

 

The number of appeals (complaints, applications) from citizens,  submitted to the Office of DPR Ombudsman as of 16.12.2016

 

 

 

 

 

 

Among all incoming correspondence to the Ombudsman of DPR, the one which deals with the issues of exercise of social rights of citizens and violations of these rights is the most frequent.  These issues are: pension and social payments – 772 appeals, temporary accommodation – 911 appeals, the order of a complaint submission and paperwork in case of property destruction – 201 appeals, humanitarian assistance – 566 appeals, employment – 378 appeals, paperwork on travelling documents – 57 appeals, search of the missing – 268 appeals, loss of IDs   – 308 appeals, housing issues – 312 appeals, temporary residence permit – 435 appeals, other social and humanitarian issues – 2071 appeals (diagram 2).

The number of appeals (complaints, applications) from citizens on social and humanitarian isses, received by the DPR Ombudsman`s Office as of 16.12.2016

 

 

 

 

 

 

 

The majority of complains are traditionally received from Donetsk, by territory (Diagram 3).

 

The number of appeals (complains, applications) from citizens, received by the DPR Ombudsman`s Office as of 16.12.2016

 

 

 

 

 

1. Statistics and analysis of destroyed infrastructure objects

Targeted shelling by Ukrainian forces causes destruction of private property and infrastructure – this is the reality of the front-line regions of the Donetsk People’s Republic.

As a result of shelling overnight into December 7 a part of Yelenovka village was left without electricity. Donetsk filtration plant was deenergized, which caused water supply shortage in Avdeyevka, some parts of Donetsk and Yasynovataya, Verkhnyetoretskoye, Vasyliyevka, Krasny Partizan and Krutaye Balka villages of Yasynovatays region.

As a result of shelling by the Ukrainian forces that occurred overnight into December 8 in Kuibyshev region of Donetsk about 300 recipients were left without electricity and gas supply. The damage of rower lines and gas pipes was recorded.

On December 19 Donetsk filtration plant was subjected to shelling. Filter building was hit directly. At the time of the shelling the plant staff were performing their job. Fortunately, nobody was injured.

On that same morning, Ukrainian forces started the shelling of Kominternovo village of Novoazovsk region. Gas pipe-line was damaged, as a result, the area was left without heating. Power lines were also damaged, so some citizens have got a power shortage.

On 21 December, as a result of shelling of Dokuchaevsk by Ukrainian forces the building of general school No.3 was damaged.

As of 22 December 2016 more than 11065 infrastructure objects were partly destroyed (damaged) as a result of hostilities.

More than 6673 objects have been destroyed in Donetsk, 269 units in Debaltsevo, 518 units in Gorlovka, 68 units in Dokuchayevsk, 284 units in Yenakievo, 91 units in Zhdanovka, 31 units in Kirovskoye, 1066 units in Makeyevka, 54 units in Snyezhnoye, 118 units in Torez, 747 units in Khartsysk, 74 units in Shakhtyorsk, 573 units in Yasinovataya, 277 units in Amvrosyevka region, 3 units in Volnovakha region, 24 units in Maryinka region, 17 units in Novoazovsk region, 52 units in Starobeshevo region, 93 units in Telmanovo region, 33 units in Shakhtyorsk region.

Destroyed objects by branches:

– 6009 houses;

– 760 power lines and points of distribution of electricity;

– 174 heating supply facilities;

– 46 water supply facilities;

– 2669 gas supply facilities;

– 11 wastewater and sewerage facilities;

– 97 healthcare facilities;

– 485 general educational institutions (schools, kindergartens);

– 54 vocational and technical educational institutions;

– 54 higher educational institutions;

– 25 physical and sport education institutions;

– 53 cultural institutions;

– 230 road and transport infrastructure objects;

– 58 industrial objects;

-88 trade objects;

– 252 objects in other spheres.

 

According to the official data as of 23 December 2017 there are 2765 objects                                          of governmental and communal ownership damaged, 420 – rebuilt and 2345 – are to be rebuilt.

 

2. Estimates of mortality, wounds to civilians and soldiers as a result of hostilities in the territory of the Donetsk People`s Republic.

Provocative fire of the Ukrainian forces was targeted at checkpoints again.

Unfortunately, complete ceasefire, stipulated in Minsk Agreements, has not been achieved. The situation on the DPR frontlines is still tensed. Judging by the current week, provocative fire of Ukrainian forces is targeted at mass populated places, rather than at random objects and the surrounding area.

On 14 December, one of the Ukrainian personnel opened gunfire against passengers of a bus that was crossing the delimitation line from the side of the DPR. The citizens got out of the vehicle for document check. One civilian was killed, a woman has died from heart attack, two more people were wounded. On that same evening the areas near “Mayorsk” (North of Gorlovka) and “Aleksandrovka” (West of Donetsk) checkpoints were targeted.

On the evening of December 19 the armed forces have targeted “Mayorsk” checkpoint 4 times. The first attack occurred during the working hours. There were no casualties reported.

Overnight into December 22 the “Mayorsk” checkpoint was bombed with mortars. Fortunately, there were no casualties.

On December 2 a civilian man born in 1976 came under fire on his way home, Nikitovsky region, Gorlovka. He sustained a gunfire wound to the chest. That evening he died in hospital.

On December 4 as a result of hostilities near Yasynovataya, two servicemen born in 1976 and 1989 sustained mine-blast wounds and shrapnel wounds.

On December 6 a civilian man, who was standing in a bus stop, picked up an improvised explosive device. It resulted into shrapnel wounds to the right thigh and the right shin.

On December 7 as a result of shelling of Yasynovataya checkpoint, a DPR serviceman born in 1994 sustained a wound with foreign body to the left cheek.

On December 10 as a result of military actions in industrial zone near Avdeyevka, a DPR serviceman born in 1994 sustained a wound to soft tissue of the back.

On December 14 near Krasny Partizan village 3 DPR servicemen were blown up by a land mine.

On December 16 as a result of hostilities in Novoazovsk region, a DPR serviceman of 25 years old sustained a mine-blast trauma, shrapnel wounds to the right forearm and the right shin.

On December 18 as a result of hostilities near Debaltsevo, 11 DPR servicemen sustained mine-blast traumas and wounds of various severities.

On December 19 as a result of shelling of Petrovskiy region of Donetsk a civilian woman born in 1952 sustained a primary protrusion of the bone of left upper arm, left shoulder fracture and contused wounds, when she was in her own yard.

On December 19 as a result of hostilities near Debaltsevo, 5 DPR servicemen sustained mine-blast traumas and shrapnel wounds.

On December 20 as a result of hostilities near Debaltsevo, 13 DPR servicemen sustained wounds of various severities.

On December 20 the civilian man of 75 years old sustained shrapnel wounds to the left hand and shoulder  as a result of careless handling of an explosive device.

On 22 December 3 DPR servicemen sustained gunshot wounds during military actions near Debaltsevo.

Within the period between 2 and 22 December 2017, 13 persons sustained injuries of various severities in the territory of the DPR as a result of constant shelling from Ukraine.  Among them, there were 40 DPR servicemen, 2 civilian women, one civilian men.

Within the period between 1 January and 30 December 2016 449 persons sustained injuries of various severities in the territory of the DPR. Among them, there were 214 DPR servicemen and 235 civilians, including 16 children under 18.

Within the period between 3 and 23 December 2016, 16 persons died in the territory of DPR. Among them there were 12 DPR servicemen, 1 civilian woman, and 3 civilian men.

To be specific, since the beginning of the armed conflict   4277 persons died. Among them, there were 592 women and 3685 men, including 74 children under eighteen.

Officially confirmed information on individuals, who have been wounded since the beginning of the conflict continues to be reported to the Ombudsman’s Office in DPR. The information is being processed at the moment and it will be included into general statistics of the injured individuals.

 

3. Register of the prisoners of war and missing soldiers and civilians

On the 21^st of December regular meeting took place in Minsk, where the issue of the exchange of prisoners of war was discussed.

In the meeting of the humanitarian subgroup, the Ukrainian side demonstrated its failure to honour their own promises and to fully implement their commitments. The authorized representatives of Ukraine in the humanitarian subgroup suggest 1:4 formula instead of “all for all”. The Ukrainian side does not reinforce its proposals with official documents. Moreover, the matter of negotiation of the lists of persons illegally detained by the Ukrainian side remains open.

The authorities of the Donetsk People’s Republic are ready to perform the exchange through “all for all” formula, although the Ukrainian side delays the procedure again. The representatives of the DPR fully support the idea of the large-scale exchange of POWs before the New Year.

 

“I would like to remind the Ukrainian side that the formula 1:4, which they proposed, is not provided by the Minsk Agreements. The document requires “all for all” formula. It is not possible to pick and choose from the clauses of the Agreements. I cannot understand it – isn’t the Ukrainian side fed up with lying to the mothers of the captives? What about other men? We insist that the exchange would be performed before the New Year through “all for all” formula. Each person matters for us. We will struggle for liberation of all people, who are in our lists” – said the Ombudsman Daria Morozova.

 

This week, the DPR Ombudsman’s Office received 4 appeals on arrest. One man was arrested in Slavyansk in August 2015 and another man was arrested in Druzhkovka in February 2016. In December 2016, Ukrainian forces arrested a man born in 1996 in the “Novotroitskoye” checkpoint, another man was arrested in Mariupol checkpoint in November 2016.

As it was reported, one man from the list of illegally detained persons was released from the courtroom, two other men from the list were transferred to the gray area by the Ukrainian side last weekend, the whereabouts of one more man have been confirmed.

No applications on missing persons were received by the DPR Ombudsman`s Office this week.

905 persons are now being kept by Ukrainian side in detention facilities.

It`s necessary to specify, that 488 persons are considered missing. They might be in Ukrainian captivity.

The Ombudsman`s Office continues to clarify information about the individuals, who were detained by the Ukrainian side, the statistics may change.

The DPR Ombudsman`s Office will no longer publicly categorize the detainees by “serviceman”, “arrested for political reasons”, “civilian irrelevant to the conflict” due to safety considerations.

 

4. Register of forcibly displaced persons.

 

According to the UNHCR Guidelines, forcibly displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized state border.

In the spring of 2014 the residents of Donbass have learned from experience what actually implies the status of forcibly displaced person (FDP). When the war started, many had to leave their homes immediately, taking the most necessary things with, others had a little more time to prepare for the move. In both cases, people have faced difficulties they have never experienced before. Perhaps, the most acute problem of FDPs is the lack of housing. Not everyone has relatives who have the opportunity (and desire) to provide some room in their home for an indefinite period.

There are categories of citizens who need special care, among the FDPs. Elderly persons have similar though slightly different needs than young people. Aged men and women are less mobile, they may be visual and hearing impaired, mentally challenged, to have chronic diseases; they may have special nutritional needs. The situation is worsened by a psychological factor: many aged people refuse to leave their homes – a place where they were born, grew up and have been living for all their life. So many difficulties they have endured … And now, they have to be resilient and adapt to new conditions again.

Another category of people at risk is persons with disabilities. In the conditions of relocation they have the same basic needs as other people. Moreover, it can be difficult for them to move or they may have impairment in sight, hearing and speaking. These features aggravate the serious problems arising in moving conditions.

Persons with disabilities should be given the same opportunities as other categories offorcibly displaced persons, with the view to full realization of human rights and inclusion of them in special programs. In international and national legislation there are legally binding rules that contain mechanisms to ensure non-discriminatory environment.

Since 2014 the issue of providing assistance to the internally displaced persons, who have become victims of the conflict, have been a concern of the DPR Ombudsman`s Office under the authority of Daria Morozova. 15 temporary accommodation units were established in the DPR by the efforts of the Office to provide victims with due living conditions and make their adaptation period shorter. 13 of them function today. Among them: 7 are in Donetsk, 3 are in Makeyevka, 2 are in Khartsysk, 1 is in Zugres.

1302 IDPs now live in temporary accommodation of the Office, including 266 underage children. Since the beginning of the conflict 4890 referrals for temporary accommodation have been issued, 735 of them – in 2017. All the TACs are under the DPR Ombudsman’s inspection. The staffs of the Office monitor the TACs on the weekly basis, with the view to respond promptly to the citizens’ needs. The Ombudsman makes every effort to improve social and living conditions for people who live in the TACs.

During the period of work between 17 and 23 December 2017, 51 persons have applied to the Ombudsman’s Office on the issues related to internally displaced persons, 6 of them were accommodated in the TACs of the Ombudsman`s Office: 1 – in Donetsk, 5 – in Makeyevka.

There are currently 1292 housing spots available for IDPs. Among them: 1236 – in DPR Temporary Accommodation Centres (including TACs of Ombudsman`s Office); 360 – in TACs of the Ombudsman`s Office; 56 – in housing fund of the DPR.

It is necessary to remind that there are 7957 persons, including 2070 children under the age of eighteen registered since the beginning of the conflict. 66 temporary settlements have been established within the territory of DPR, 57 of them operate today, 9 of them are held in reserve. Currently, 2864 individuals live in the centres, including 558 underage children, 5093 persons live in the housing fund of DPR, including 1512 children under eighteen.

 

5. Employment of DPR citizens

The main principles of legal regulation of labor relations in the Donetsk People’s Republic recognize the unqualified right to free labor, equality of rights and opportunities of employees, the establishment of state guarantees for ensuring their rights. The right to work is granted to every person who is able to gain his living by work which he freely chooses or accepts. Labour rights of citizens are enshrined both in international documents and in the legislation of the Republic. These rights constitute a part of the rights and freedoms of man and citizen.

Employees must be paid properly and in sufficient number in accordance with the quantity and quality of work. Revenue may also be obtained by other activities not prohibited by law. Remuneration must be fair and sufficient to ensure decent living conditions for workers and their families.

The scope of employment relationship is rather conflictive one. In practice, workers don’t have the capacity to effectively protect their rights and interests. Since the beginning of 2016, 378 persons addressed the DPR Ombudsman on labor relations. These were the complaints regarded illegal dismissal, non-payment of wages, improper employee registration at a company. There are also the claims on non-payment of money in connection with pregnancy and childbirth, about the violation of the right to work of persons with disabilities, and in connection with the refusal of the organization to hire etc.

The State creates conditions to promote employment, equal opportunities for citizens in the choice of profession and employment, implements programs of vocational education and training, retraining of workers in accordance with their interests and the needs of society.

With the view to exercise the right to work, the Donetsk People’s Republic facilitates employment of citizens through legal regulation. The mission of organizing the employment of DPR citizens is shouldered by the Republic Employment Center.

According to their data, 33,4 thousands of vacancies were available in the common database between 01.01.2016 and 22.12.2016. Between January 1 and December 22, 2016, there were 55,5 thousand individuals who seek for job,  registered in the Republic Employment Centres. Among them: 43,7 thousand have been employed (22,3 of them – on permanent positions, 21,4 – temporarily).

Donetsk Centre of Vocational Education of The Republic Employment Centre organizes regular free public workshops to train practical skills, such as work with personal computers; technique and mechanization of trade accounts (work with cash register machines); the program “1C: Accounting 8.2.”; fundamentals of entrepreneurship; processing and decoration of textile and clothing products etc. Since the beginning of 2016, 664 persons participated in those workshops.