The overview of the current social and humanitarian situation, within the territory of the Donetsk People`s Republic as a result of hostilities between 15 and 21 April 2017

Man, his rights and freedoms are the supreme value.

The recognition, observance and protection

of the rights and freedoms of man and citizen

are duties of the Donetsk People’s Republic,

its organs and authorities.

Article 3 of the Constitution

of the Donetsk People’s Republic

 

The supreme value of a state is its citizens. The ideals of freedom, respect for human rights are important elements of democracy. Democracy provides conditions for the protection and effective implementation of human rights. These values are reflected in the Universal Declaration of Human Rights and are further clarified in the International Covenant on Civil and Political Rights, which establishes a set of political rights and civil liberties that are the backbone of truly democratic states.

To ensure protection of citizens’ rights and freedoms by the state, to prevent all forms of discrimination regarding the exercise of rights and freedoms, the post of the Human Rights Ombudsman was established in the Donetsk People’s Republic. On April 21, 2015, the Human Rights Ombudsman’s Office was established in the Donetsk People’s Republic in order to support the activities of the Ombudsman. The main purpose of this institution is to promote the realization of rights and freedoms of human and citizen in the Donetsk People’s Republic.

In its operation, the Office is guided by the universally recognized principles and norms of the international law, the Constitution of the Donetsk People’s Republic, prevailing legislation and other laws and regulations of the DPR, the orders and decrees of the Ombudsman.

The primary objectives of the Ombudsman’s 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.

Much has been done for two years of operation of the Ombudsman’s Office. And much remains to be done. The DPR Ombudsman’s Office will continue its work aimed at facilitating the improvement of legislation and bringing it into line with the universally recognized principles and norms of international law; Encourage the establishment of the DPR legal awareness and education system for citizens; interaction with the media in order to keep citizens informed about their rights, the methods and forms of their protection.

The main result of the work of the DPR Ombudsman is that the large amount of people has become aware of the ways to protect their rights.

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 2017 the Ombudsman received 1898 appeals. In the period of work between 15 and 21 April 2017, 23 persons have visited the Ombudsman in person, 39 of the claims were accepted by the Appeals department 37 calls were made via hotlines. 31 applications were received via e-mail, 5 written appeals were taken into consideration, 9 – have been considered among those received earlier, 16 citizens were provided with legal counseling.

All appeals received can be divided into four categories: violations in criminal law – 78 appeals, violations in civil law– 190 appeals, administrative and legal violations against the DPR citizens – 2 appeals, social and humanitarian issues – 1628 appeals (diagram 1).

 

The number of appeals (complaints, applications) from citizens,  submitted to the Office of DPR Ombudsman as of 1404.2017

 

 

 

 

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 – 212 appeals, temporary accommodation – 261 appeals, the order of a complaint submission and paperwork in case of property destruction – 35 appeals, humanitarian assistance – 87 appeals, employment – 68 appeals, paperwork on travelling documents – 7 appeals, search of the missing – 68 appeals, loss of IDs   – 194 appeals, housing issues – 117 appeals, temporary residence permit – 90 appeals, other social and humanitarian issues – 496 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 14.04.2017

 

 

 

 

 

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 14.04.2017

 

 

 

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 of 13 April 2017 more than 11298 infrastructure objects were partly destroyed (damaged) as a result of hostilities.

More than 6784 objects have been destroyed in Donetsk, 268 units in Debaltsevo, 526 units in Gorlovka, 81 units in Dokuchayevsk, 295 units in Yenakievo, 91 units in Zhdanovka, 72 units in Kirovskoye, 1109 units in Makeyevka, 54 units in Snyezhnoye, 118 units in Torez, 749 units in Khartsysk, 74 units in Shakhtyorsk, 577 units in Yasynovataya, 278 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:

– 6185 houses;

– 760 power lines and points of distribution of electricity;

– 175 heating supply facilities;

– 48 water supply facilities;

– 2669 gas supply facilities;

– 11 wastewater disposal and sewerage facilities;

– 101 healthcare facilities;

– 505 general educational institutions (schools, kindergartens);

– 55 vocational and technical educational institutions;

– 62 higher educational institutions;

– 26 physical and sport education institutions;

– 54 cultural institutions;

– 240 road and transport infrastructure objects;

– 59 industrial objects;

-89 trade objects;

– 259 objects in other spheres.

According to the official data as of 14 April 2017 there are 2788 objects of governmental and communal ownership damaged, 513 – rebuilt and 2275 – 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.

Almost every day the DPR Ombudsman’s Office records cases of violations of rights of Donbass citizens by Kiev authorities: right to life, to security of the person, to the inviolability of the home.

On 14 April as a result of hostilities near Avdeyevka industrial zone, a DPR serviceman born in 1977 sustained a perforating gunshot wound of the upper third of the right shoulder with foreign body, non-penetrating wound of the chest.

As a result of provocative fire by Ukrainian forces in Novoazovsk region, the DPR servicemen born in 1975, 1980, 1977 and 1989 sustained mine-blast traumas and shrapnel wounds of various severities.

On 15 April during military operation in Avdeyevka industrial zone, a serviceman of the Republic born in 1975 sustained shrapnel wound of the soft tissue of the neck, a DPR serviceman born in 1969 sustained a penetrating wound of the chest in Bezymennoye village of Novoazovsk region.

On 16 April as a result of provocative fire in Petrovskiy region of Donetsk, a DPR serviceman of 44 years old sustained perforating gunshot wound of the chest with damage to ribs.

On 17 April, as a result of shelling by Ukrainian forces in Bezymennoye village of Novoazovsk region, a DPR serviceman born in 1978 sustained a shrapnel wound of the left shin; a DPR serviceman born in 1961 sustained a gunshot wound of the left knee joint.

On18 April, as a result of hostilities in Avdeyevka industrial zone, a DPR serviceman born in 1988 sustained shrapnel wound of the left shoulder and left thigh; a DPR serviceman born in 1974 sustained a gunshot wound of the left thigh.

On 20 April, as a result of armed provocation by Ukrainian forces in Avdeyevka industrial zone, the DPR servicemen born in 1995, 1976 and 1997 sustained shrapnel wounds.

The Ombudsman’s Office was reported on a civilian man born in 1955, who sustained gunshot shrapnel wounds of the right hand, right knee area, left shin with foreign body, as a result of hostilities of 9 April. The man was wounded not far from Styla village, Starobeshevo region. The man accidentially touched an explosive object.

Within the period between 14 and 20 April 2017, 15 DPR servicemen sustained injuries of various severities in the territory of the DPR as a result of constant shelling from Ukraine.

Within the period between 1 January and 20 April 2017 227 persons sustained injuries of various severities in the territory of the DPR. Among them, there were 132 DPR servicemen and 95 civilians, including 4 children under 18.

Within the period between 14 and 20 April 2017, 8 persons died in the territory of DPR. All of them were DPR servicemen.

Within the period between 1 January and 20 April 2017, 118 persons, including 108 servicemen and 10 civilians died in the Donetsk People’s Republic.

To be specific, since the beginning of the armed conflict   4407 persons died. Among them, there were 597 women and 3810 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

The exchange of prisoners provided for by the Package of Measures for the Implementation of the Minsk Agreements would give grounds to talk about the intention of the Ukrainian side to fulfill its obligations. Adjusting the lists of persons languishing in Ukrainian prisons who are ready to return to the free young state is an important step towards the long-awaited release of Republic supporters. Therefore, within several months the work of the humanitarian subgroup in Minsk was focused on creating a mechanism for verifying individuals that would satisfy both parties to the conflict.

The events of the current week have once again confirmed the use of all sorts of deception in the dishonest double play of certain authorized representatives of the Ukrainian side.

On April 12, at the meeting of the humanitarian subgroup in Minsk, the parties agreed on the verification mechanism for persons who are listed on the exchange list and refuse to cross the delimitation line. It was decided that the procedure will be carried out by the relatives of the convicts together with the representatives of the SSU and with the participation of the Office of the Human Rights Ombudsman in Ukraine Valeriya Lutkovskaya. However, individual representatives of the Ukrainian side unilaterally changed the composition of the group for conducting verification.

“I had repeatedly claimed that the Ukrainian side delays the exchange and hinders the implementation of the Minsk agreements in every way possible. Once again unilateral actions of the representatives of Ukraine confirm the cynicism of all the efforts of the Ukrainian side aimed not at releasing all the captives that the Ukrainian side allegedly takes care of, but for creating additional obstacles and information noise around this process.

I emphasize that provocative statements of some Ukrainian negotiators will not hinder verification of the detainees. I hope that the coordinator of the humanitarian subgroup and the world community will give the appropriate legal assessment to the actions of Kiev representatives” – said Daria Morozova.

This week no appeals on capture or missing persons were received by the Ombudsman’s Office in the Donetsk People’s Republic.

Based on the updated figures as of 21.04.2017, 771 persons are kept by the Ukrainian side including:

– 473 of those whose presence on the territory of Ukraine had been confirmed.

– 295 persons, whose whereabouts are unknown or are being clarified by the Ukrainian side.

– 3 persons, for whom the request to the Ukrainian side was submitted for the first time.

As of 21 April 2017, 450 persons are considered missing.

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.

With the outbreak of hostilities in Donbass in 2014, residents of the region have faced many problems. One of them was the procedure for obtaining social benefits: pensions and other benefits. For the three years of the conflict, instead of simplifying the procedure for receiving payments for Donbass residents as much as possible, the Ukrainian government have been making more and more obstacles for them. Thus, on March 14, 2016, the Cabinet of Ministers of Ukraine amended the procedure for issuing a certificate of an internally displaced person (Decree of CMU No. 509), as well as in Decree of CMU No. 637 regarding social payments for internally displaced persons. These amendments complicate the process of obtaining payments by IDPs.

First of all, the very requirement to receive certificate of IDP humiliates the dignity of Donbass residents, as far as they have the right to receive the payments without any additional conditions and procedures. In fact, citizens of Donbass were divided into those who receive pensions under a standard procedure, and those who are obliged to go through long and complicated red tape and constantly prove their right to receive payments.

The Resolution of Cabinet of Ministers of Ukraine No. 637 states that pensions and all other types of social assistance shall be issued exclusively upon registration by such persons of their place of residence. Now the Department of Labor and Social Protection and the Pension Fund have the right to file requests on each individual to state bodies, including the State Border Service. In the event that a person does not reside at the place of the actual stay as specified in the application in 60 days or more, the payments will be suspended.

Moreover, if a person is absent on the address registered, he/she is obliged to address the Pension Fund or a social protection agency within three days to assure that his/her place of residence corresponds to the address in the certificate. This provision limits the right to privacy in relation to IDPs and is a priori condemnatory.

Among other things, when amending its resolutions, the Cabinet of Ministers ignored the requirements of the current legislation again, namely the Law of Ukraine “On the Protection of Rights and Freedoms of Internally Displaced Persons”, which provides for the perpetual validity of the certificate and the absence of any registration marks.

In such conditions, residents of front-line regions, including those who left for Ukraine at the beginning of the conflict, prefer to remain in the territory of the Republic. Here they receive all the necessary assistance, including temporary housing.

The Office of the Ombudsman for Human Rights deals with issues of forcibly displaced persons in the Donetsk People’s Republic. 1355 IDPs now live in temporary accommodation of the Office, including 276 underage children. Since the beginning of the conflict 5095 referrals for temporary accommodation have been issued, 201 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 15 and 21 April 2017, 17 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: 3 – in Donetsk, 2 – in Khartsysk, 1 – in Shakhtyorsk.

There are currently 1239 housing spots available for IDPs. Among them: 1183 – in DPR Temporary Accommodation Centres (including TACs of Ombudsman`s Office); 318 – in TACs of the Ombudsman`s Office; 56 – in housing fund of the DPR.

It is necessary to remind that there are 8180 persons, including 2147 children under the age of eighteen registered since the beginning of the conflict. 67 temporary settlements have been established within the territory of DPR, 56 of them operate today, 11 of them are held in reserve. Currently, 3005 individuals live in the centres, including 602 underage children, 5175 persons live in the housing fund of DPR, including 1545 children under eighteen.

5. Employment of DPR citizens

 Whether or not the one chooses the right occupation is critical for his/her success and self-realization. That is why the staffs of the Republic Employment Centre carry out activities for graduates of secondary schools.

On April 14, 2017, specialists from the Snezhnoye Employment Centre conducted a vocational guidance lesson in order to help students make the right decision at the right time in choosing further direction of training in a higher educational institution, to guide them in the world of modern professions. Schoolchildren were acquainted with the world of professions, the state of the city’s labour market, educational institutions, where it is possible to obtain professions that are in demand in the labor market, services provided to job seekers by the Employment Centre. With the consent of 20 schoolchildren, psychological testing was conducted.

The primary objective for the Republic Employment Centre is to assist DPR citizens in employment. The Centre provides an up-to-date list of available vacancies and, if necessary, send them to retraining courses.

According to their data, 11,6 thousands of vacancies were available in the common database as of 21.04.2017. As of 21 April 2017, there were 22,3 thousand individuals who seek for job, registered in the Republic Employment Centers. Among them: 17,7 thousand have been employed (6,3 of them – on permanent positions, 11,4 – 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 2017, 129 persons participated in those workshops.