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  • 1. Ukraine. Combating Discrimination towards Migrant and Roma Minorities Youth Organization "Human World". Lviv. Ukraine. 2012 Prepared by Lesya Savaryn
  • 2. Content1. National composition of the population of Ukraine………………………………………………………..22. 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 foreignersand stateless persons…………………………………………………………………………………………...9 2.5. Responsibility for foreigners and stateless persons…………………………………………………..103. 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…………………………………………………………………………………………..164. Racism and racial discrimination………………………………………………………………………….16 4.1. Recommendations……………………………………………………………………………………16 4.2. Positive developments ………………………………………………………………………………16 4.3. Оbservations and concerns…………………………………………………………………………...175. 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…………………………..216. Foreign students…………………………………………………………………………………………..23 6.1. The flow of students………………………………………………………………………………....23 6.2. Support for foreign students from the state………………………………………………………….247. Civil Society……………………………………………………………………………………………….24 National composition of the population of UkraineIn ethnic composition Ukraine is a mono-states. Ukrainian constitute an absolute majority of the populationof Ukraine. The majority of Ukrainian population on their ethnic lands where formed Ukrainian peopleAccording to the first census in 2001 in Ukraine Ukrainian population of 37.5 million, or 77.8% of the totalpopulation of the stateAlong with the territory of the Ukrainian population of more than 100 nationalitiesAccording to the first census in 2001, the largest minority in Ukraine are Russians. They constitute about17.3% 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 andEstonians), the Turkic (Tatars, Crimean Tatars, Azeris and Gagauzia) nations. In some ethnic groups inUkraine are Jews, Armenians and Greeks.
  • 3. 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 census 19591 census 19702 census 19793 census 19894 census 20015 group Number % Number % Number % Numbe % Number % rUkrainians 32,158,49 76.8 35,283,8 74.9 36,488,95 73.6 37,419, 72.7 37,451,693 77.5 3 57 1 053Russians 7,090,813 16.9 9,126,33 19.4 10,471,60 21.1 11,355, 22.1 8,334,141 17.2 1 2 582Belarusians 290,890 0.7 385,847 0.8 406,098 0.8 440,04 0.9 275,763 0.6 5Romanians / 241,650 0.6 265,902 0.6 293,576 0.6 324,52 0.6 258,619 0.5Moldavians 5Crimean 193 0.0 3,554 0.0 6,636 0.0 46,807 0.1 248,193 0.5TatarsBulgarians 219,419 0.5 234,390 0.5 238,217 0.5 233,80 0.5 204,574 0.4 0Hungarians 149,229 0.4 157,731 0.3 164,373 0.3 163,11 0.3 156,566 0.3 1Romanians 100,863 0.2 112,141 0.2 121,795 0.3 134,82 0.3 150,989 0.3 5Poles 363,297 0.9 295,107 0.6 258,309 0.5 219,17 0.4 144,130 0.3 9Jews 840,311 2.0 777,126 1.7 634,154 1.3 486,62 1.0 103,591 0.2 8Armenians 28,024 0.1 33,439 0.1 38,646 0.1 54,200 0.1 99,894 0.2Greeks 104,359 0.3 106,909 0.2 104,091 0.2 98,594 0.2 91,548 0.2Tatars 61,334 0.2 72,658 0.2 83,906 0.2 86,875 0.2 73,304 0.2Romani 22,515 0.1 30,091 0.1 34,411 0.1 47,917 0.1 47,587 0.1Azerbaijanis 6,680 0.0 10,769 0.0 17,235 0.0 36,961 0.1 45,176 0.1Georgians 11,574 0.0 14,650 0.0 16,301 0.0 23,540 0.1 34,199 0.1Germans 23,243 0.1 29,871 0.1 34,139 0.1 37,849 0.1 33,302 0.1Gagauzs 23,530 0.1 26,464 0.1 29,398 0.1 31,967 0.1 31,923 0.1Karaites 3,301 0.0 2,596 0.0 1,845 0.0 1,404 0.0 1,196 0.0Others 129,338 0.3 157,084 0.3 165,650 0.3 209,17 0.4 539,604 1.1 2Total 41,869,046 47,126,517 49,609,333 51,452,034 48,416,000
  • 4. National structure of the population of Ukraine (2001)Left diagram Ukrainians Russians OthersRight diagram Belorussians Moldavians Crimean Tatars Bulgarians Hungarians Romanians Poles Jews Armenians Greeks Germans Others
  • 5. 2. The legal status of foreigners in Ukraine2.1. The notion of foreigners and stateless persons, immigration to UkraineThe population of Ukraine as a collection of people living in the territory of Ukraine and subject to itsjurisdiction, except citizens of Ukraine are also foreigners and stateless (stateless).The Constitution of Ukraine clearly separated the concept of "foreigner" and "stateless person", referring tothe 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" (Article1) provides the normative definition of foreigners and stateless persons: a foreigner-a person who is not acitizen of Ukraine and is a citizen (national) of another state or states, stateless person, a person that no statein 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 termand temporary stay in its territory.Under immigration refers arrival in Ukraine or stay in Ukraine as prescribed by law for foreigners andstateless persons permanently. According to the Law of Ukraine "On Immigration" immigration permitgranted 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 toUkraine during the calendar year - by the Cabinet of Ministers of Ukraine in order to be determined by thecategories of immigrants.Foreigners who immigrated for permanent residence or temporary employment, receive permits forpermanent or temporary residence.Foreigners staying in Ukraine on other legal grounds, be deemed to be temporarily staying in Ukraine. Theyshall, in the manner determined by the Cabinet of Ministers of Ukraine, to register their national passports ordocuments to deputize and leave Ukraine after the expiration of the term.2.2. The legal regime of foreigners in UkraineThe legal status of foreigners in Ukraine determines Constitution of Ukraine, the Law of Ukraine "On LegalStatus of Foreigners and Stateless Persons" on February 4, 1994 p., Law of Ukraine "On Refugees" asamended 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 theConstitution: foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights andfreedoms and also bear the same responsibilities as citizens of Ukraine - with the exceptions established bythe Constitution, laws or international treaties of Ukraine .This Constitution of Ukraine establishes national legal regime of foreigners in Ukraine. This regime ischaracterized by the following features:1) it is a general (non-personal) character, that applies to all categories of foreigners, although the legalstatus of some of them may have certain features;2) foreigners enjoy the same rights and bear the same responsibilities as citizens of Ukraine. Yes, theConstitution 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 todignity, the right to liberty and security, the right to inviolability of the home , the right to marriage andfamily relations, the right to privacy of correspondence, telephone conversations, telegraph and othercorrespondence, the right to privacy and family life, the right to freedom of movement, free choice ofresidence, the right to freedom of opinion and speech, freedom of expression their beliefs, the right to libertyand religion.Foreigners and stateless persons in Ukraine are numerous economic, social and cultural rights and freedoms.
  • 6. As subjects of private property they may possess, use and dispose of their property, and the results of theirintellectual property. Their property may be houses, apartments, items for personal use, means ofproduction, costs and more. They are also the subjects of freedom of establishment, the right to work, theright to strike, the right to rest, the right to social security, the right to housing, the right to an adequatestandard of living, the right to health protection, medical care and medical insurance right to a healthyenvironment and environmental safety.Foreigners and stateless persons have the right to appeal to the courts and other public authorities to protecttheir personal property and other rights. In particular, under Articles 147 and 150 of the constitution ofUkraine and Articles 13, 42, 43, 94 of the Law of Ukraine "On the Constitutional Court of Ukraine" they arecitizens of Ukraine, may submit a written request to the Constitutional Court of Ukraine where appropriateinterpretation of the Constitution and laws of Ukraine to ensure the realization or protection of theirconstitutional rights and freedoms. National treatment in the field of civil procedural law, foreigners andstateless persons are subject to the provisions of Articles 423, 424 of the Civil Procedural Code of Ukraineregardless 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 andobligations to the citizens of Ukraine.Yes, foreigners do not enjoy a majority in Ukraine political rights (can not associate in political parties, didnot participate in the management of public affairs, do not have voting rights, can not participate inreferenda, are not entitled to equal access to public service, not may form trade unions, etc.) are somewhatsmaller than the citizens of Ukraine, the volume of economic, social and cultural rights (not allowed to usethe facilities of the state and municipal property, the right to protection from unlawful dismissal, the right tosocial security, the right to obtain free higher education etc.), they are not subject to any obligation toperform 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 thecontract of sale, gift, exchange, or other civil-law agreements, land plots, in which objects of immovableproperty belonging to them proprietary, making heritage.4) national legal regime has an absolute character, he applied to foreigners and stateless persons, whether ornot 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 LegalStatus of Foreigners and Stateless Persons" enshrined the principle of non-discrimination of foreigners andstateless persons: they are equal before the law regardless of their origin, social and property status, race andethnicity, 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 anotherstate in response to the unjust, unfriendly (but legitimate from the perspective of international law) of thisstate with respect to citizens of Ukraine: "If a foreign state restrictions on the rights and freedoms of thecitizens of Ukraine, the Cabinet of Ministers of Ukraine may decide to establish an appropriate procedurefor ensuring the rights and freedoms of the citizens of this state on the territory of Ukraine. This decisionshall 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 aliensThe legal status of different categories of foreigners in Ukraine has certain features. This is particularlypertinent:- Foreigners who immigrated to Ukraine for permanent residence;- Foreigners who immigrated to Ukraine for temporary employment (according to procedure designforeigners and persons without citizenship permit in Ukraine, approved by the Cabinet of Ministers ofUkraine dated November 1, 1999 № 2028, a work permit is issued to a foreigner who intends to conduct inUkraine employment, provided the country (region) no workers who are capable of performing this type ofwork, or there is sufficient rationale for the employment of foreign workers, unless otherwise provided forby international agreements of Ukraine);
  • 7. - 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. Thepresence of diplomatic and consular privileges and immunities means: personal integrity, inviolability of thehome, the immunity from jurisdiction, fiscal immunity, customs privileges and more.To foreigners who enjoy full immunity from the jurisdiction of Ukraine include: heads of diplomaticmissions, members of the diplomatic staff of missions, family members of heads of diplomatic missions andfamily members of diplomatic staff of missions and representatives of other states (heads of state,governments, etc.), members of parliamentary and governmental delegations , employees of certaininternational organizations. However, these individuals are not covered immunity from civil jurisdiction incases when they come into civil relations as individuals in connection with claims of rightful real estate inUkraine, inheritance, and also in connection with claims arising out of their professional or commercialactivity carried them outside duties. In addition, the head of a diplomatic mission, diplomatic personnelsubject 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, theirfamilies, staff administrative and technical staff of diplomatic missions, diplomatic couriers, etc.. Accordingto the Regulations on diplomatic missions and consular offices in Ukraine consular officers enjoy personalinviolability and shall not be detained or arrested except in the case of prosecution for committing a felonyor execution of sentence (decisions, decisions) court of law. Consular officers and consular employees enjoyimmunity from criminal and administrative jurisdiction of Ukraine and Ukraine jurisdiction of the courts incivil cases regarding the activities they carry out within the office. Immunity from the jurisdiction ofUkraine 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 giveevidence on matters related to their official duties, as well as indications that explain the law of the sendingstate. 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 providedby 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 forreasons of race, religion, nationality, citizenship (nationality), membership of a particular social group orpolitical opinion, is outside the country of his nationality and is unable to use protection of this country or donot wish to use this protection because of such fear, or without citizenship (nationality) and being outside thecountry 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 theAct of June 21, 2001) and international legal instruments, the most important of which is the United NationsConvention relating to the Status of Refugees and the 1951 Protocol relating to the Status of Refugees 1967p., which have been ratified by Ukraine January 10, 2002 The legal status of this category of foreigners andstateless 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 orfreedom would be threatened. This principle, which was in international law called «non refoulement», is amajor 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: "Countriesthat agree not no way to expel or return a refugee to the frontiers of territories where his life or freedomwould be threatened on account of their race, religion, nationality, membership of a particular social groupor political opinion."2. Ukraine promotes the preservation of the unity of refugee families.
  • 8. 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 ofrestrictions 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 marriageand family relations.4. Refugees are eligible for financial aid, pension and other social security in accordance with the laws ofUkraine, 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, familycomposition, marital status, residence, citizenship of Ukraine or any other country, asylum or permanentresidence in another country;• In case of change of residence and moved to administrative-territorial units of Ukraine covered jurisdictionother migration service body to withdraw from an account and be registered with the appropriate body of themigration service at the new place of residence. Taking account of the migration service at the new place ofresidence is the basis for registration with the specially authorized central executive authority on citizenshipand 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 ininternational law;• has committed a serious non-political crime outside Ukraine prior to arrival in Ukraine for refugee status ifsuch 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 thislaw, 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 Ukraineexcept for transit through the territory of that country, and could apply for refugee status or asylum, becausethis country:• adheres to international standards of human rights in the field of asylum, established international legalinstruments global and regional nature, including rules on the prohibition of torture, inhuman or degradingtreatment or punishment;• adheres to international principles concerning the protection of refugees under the Refugee Convention of1951 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 statusand grant asylum;
  • 9. • provide the person with effective protection against expulsion and the opportunity to apply for asylum andto 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 withoutcitizenship who have reached the age of 16 according to the decision of the State Committee of Ukraine onNationalities and Migration. Terms of refugee certificate was approved by the Cabinet of Ministers ofUkraine dated October 11, 2002 № 1527.Refugee status is lost if the person:1) voluntarily used the protection of the countrys nationality (citizenship);2) acquired the citizenship of Ukraine or voluntarily acquired citizenship, which had previously or acquiredcitizenship 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 ofpersecution;4) being a stateless person may return to the country of his former habitual residence as the circumstancesunder 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 underwhich 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 offoreigners and stateless personsForeigners and stateless persons may enter and leave Ukraine from Ukraine valid national passports ordocuments which they deputize. However, they must obtain entry and exit visas or immigration permit. Thelegislation of Ukraine and international agreements Ukrayiny2mozhe be provided free regime, which doesnot require processing visa applications, but does not cancel the registration procedure entry and exit, ie thepresence of the passport document and its presentation at the borderForeigners and stateless persons on the territory of Ukraine are civil, criminal and administrative liability ongeneral grounds.Under Part Of Art. 24 of the Code of Ukraine on Administrative Offences laws of Ukraine may provide aspecial kind of administrative liability of foreigners and stateless persons - administrative deportation fromUkraine (deportation). Under this provision of the Code of Law of Ukraine "On Legal Status of Foreignersand Stateless Persons" (p. 32) found that an alien who has committed a crime or misdemeanor, after servinghis sentence or intended execution of an administrative penalty may be expelled from Ukraine. By decisionof the Interior expulsion of a foreigner from Ukraine may be accompanied by further ban entry to Ukrainefor a period of five years.In these cases, the foreigner may be expelled from Ukraine by a decision of the Interior and the SecurityService of Ukraine with the following message within 24 hours of the Prosecutor of the reasons for such adecision, if the actions of foreigners violate the law on the status of foreigners or contradict the interests ofthe security of Ukraine or public order, or when necessary to protect the health, rights and lawful interests ofcitizens of Ukraine. Such measures, for example, according to Art. 16 of the Law of Ukraine "On Preventionof Acquired Immunodeficiency Syndrome (AIDS) and Social Protection" can be applied to HIV-infectedand AIDS patients foreigners and stateless persons who do not meet the proposed health care interventionsto 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 documentsseized right to stay in Ukraine.Foreigners and stateless persons who evade starting subject of a prosecutor detained and forcibly expelled.
  • 10. Detention is allowed only for the duration necessary for expulsion. For the temporary detention of foreignersand stateless persons who are illegally residing in Ukraine and are subject to administrative deportationbeyond the compulsory under the Cabinet of Ministers of Ukraine dated July 17, 2003 № 1110 created astate institution - Temporary stay of foreigners and stateless individuals who are illegally residing inUkraine.Decisions of the Interior or the Security Service of Ukraine on the expulsion of a foreigner from Ukrainemay be appealed to the courts. Appeal halts enforcement of expulsion, unless the need for immediateexpulsion due to Ukraines security interests or public order.Aliens who are subject to deportation, reimburse the costs of deportation in the manner prescribed by law. Ifthese 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 Freedoms2.5. Responsibility for foreigners and stateless personsForeigner who violates the law of Ukraine, if the violations do not involve administrative or criminalliability may be reduced stay in Ukraine. This term can also be reduced if the foreigners and statelesspersons disappeared grounds for his further stay in Ukraine. The decision to shorten the temporary stay offoreigners and stateless persons in Ukraine adopted by law enforcement agencies, the State Border Serviceof Ukraine.Law of Ukraine "On Immigration" provides another specific form of liability of foreigners and statelesspersons canceling immigration permits. Yes, Art. 12 of the Act provides that an immigration permit may berevoked by the authority that issued it, if:1) find that the permit was issued based on false information, forged documents or documents that areterminated;2) immigrant convicted in Ukraine to imprisonment for a term exceeding one year, and the verdict has comeinto force;3) actions immigrant threaten Ukraines 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 ofreceipt of a copy of the decision. If during this time the person left the Ukraine, she shall be expelled inaccordance with the legislation of Ukraine.In case of cancellation of the immigration permit of a person who enjoyed the refugee status in Ukraine, itmay not be expelled or forcibly returned to a country where the life or freedom would be threatened becauseof her race, nationality, religion, citizenship (nationality) membership of a particular social group or politicalopinion.If the person challenged the decision to cancel the immigration court decision to expel is not taken to courtdecision comes into force. In case of cancellation of the Immigration and removing permanent residencepermit in connection with the conviction to imprisonment upon conviction the person must leave Ukrainefor a month from the date of sentence.
  • 11. 3. Asylum system in Ukraine3.1. Key provisions Intense period of legislative and administrative reforms that were implemented inthe past 18 months, has the potential to improve the quality of asylum in Ukraine. Yet however, thispotential has not been realized. Although these reforms have brought some improvements (Eg, theintroduction of additional protection), in general they are poorly designed and poorly funded, leading to theirhaphazard implementation. Significant are the consequences for people under guardianship UNHCR: atdifferent times of asylum seekers were unable to apply for or obliged perform various additional legalconditions for the submission of applications, the process of making decisions on granting refugee statuscontinued intermittently, asylum seekers, for which the procedure was already started, had to submit anapplication 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 remainsan illusive goal. Existing systems do not meet basic requirements for system control shelter, such asadmission, registration fair hearing and local integration. Ukraine lags behind international and Europeanstandards protection. As a result, asylum seekers and refugees are turning to sales networks trafficking andsmuggling 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 toUkraine 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 averageabout 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, Ukrainecan 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 statusrefugee per year. However, the number of applications in 2011 was much lower and amounted to 890, thedegree recognition in 2011 was 15%: 133 people were granted refugee status, while the general wasreviewed 868 applications. In the first four months in 2012 845 people have applied for refugee statusrefugee, while the largest number of applications received from persons from countries of origin, asAfghanistan, Somalia, Syria and Kyrgyzstan. Significant growth in the number of applications for refugeestatusrefugee 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 internationalprotection. 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 andincludes people from the CIS, Africa and the Middle East. More than 100 refugees originating fromArmenia, 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 Planon the liberalization of the EU visa regime for Ukraine. This plan accelerate process of implementinglegislative and administrative reforms connected with the asylum system in Ukraine, because it mobilizedthe political will to change immigration policies.The Action Plan provides for various improvements in the asylum system in Ukraine as a precondition for
  • 12. 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 GenevaConvention "On the Status of Refugees" from New York Protocol) and EU standards and would ensure theconditions for international protection (including additional forms of protection), the rules of procedure forprocessing 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 (includingreception centers) and strengthening the responsible authorities, particularly in asylum procedures, receptionof asylum seekers and the protection of their rights (including documentation of asylum seekers andrefugees 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-orientedprotection asylum system, the situation remains complex: the conditions for the protection of refugees andasylum seekers break down, leading to increase the number of people caught in extreme distress and in needof financial care or urgent resettlement in third countries.Effects of legislative reformsLegislative initiatives launched in recent months, poorly coordinated and issued developed in a hurry toimplement the Action Plan. Some of these legislative changes with time can lead to positive changes for thebenefit of persons of concern to UNHCR. For example, the providing free legal aid to asylum seekers willbe introduced in stages the next six years, and the new immigration policy is embedded in theright-protection spirit and aims to protect people in mixed migration flows. Other innovation is problematicand already have a negative impact: for example, the period under detained for illegal stay in the territoryhas been increased from 6 to 12 months, exposing asylum refugee status, which often do not have thedocuments through administrative gaps, not not own fault risk of prolonged detention. This has led tostarvation and other actions protest in temporary detention. In addition, the Cabinet of Ministers (№ 667 of22 June 2011) deprives asylum seekers the right to receive free medical assistance. The new law on legal aiddifficult 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 representationin 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 ortemporary protection in Ukraine» (№ 3671-VI). The new law makes some steps towards the attainment ofinternational 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 fearof death, torture, inhuman or degrading treatment.The introduction of a single permit asylum seekers, replacing the previous system of four differentcertificates asylum seekers, according to the different stages of the procedure asylum will help to asylumseekers 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 ofthe family.However, UNHCR also notes the number of points at which the new law does not meet internationalstandards and norms of the European Union. They are:
  • 13. a. The narrow definition of extra protection. The new law extends the additional protectionpersons who can not be returned to the country of origin in accordance with internationalhuman rights treaties, in particular, p. 3 ECHR and Art. 3 of the Convention against Torture. However, it isnot provides additional protection for persons who have fled their country because of serious andvague threats to life, physical integrity or freedom resulting generalized violence or events seriouslydisturbing public order. In result of the narrow definition of the draft law, some people in need ofinternational protection, especially people fleeing armed conflict, may not have the right tosuch 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 preliminaryexamination. The new law continues to create opportunities for refusal to accept the application for refugeestatus at the previous stage of the proceedings. In view may be refused even to examine the merits of thecase if the case will be considered one that does not meet the definition of refugee / definition extraprotection. System is an inevitable vicious circle: asylum seekers must proveright, to be able to present its case in full. As a result, this limitation, many people are not allowed to asylumprocedures in general and have contact congested courts for help. In 2010-2011, 45% of cases wererejected 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 seekprotection 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 fivedays to appeal. This period is too short. According to European standards, from a practical point of view, theapplicant 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 assoon as possible to amend the law in order to correct the shortcomings. UNHCR provided a list of proposedamendments to the Ministry of Internal Affairs of Ukraine, but they were largely ignored. As a next step, theissue was raised with gaps Presidential Administration, where comments UNHCR still investigating, has notyet 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 oflegislation will be conducted properly, asylum seekers will be able to use the normal terms of acceptanceand recognized refugees and persons require additional protection will have social and economic rightsnecessary for successful integration. However, the Ukrainian authorities still took a course on a minimalistapproach 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: theydo not have the right to work, temporary housing or social assistance. As charitable gifts that exceed theminimum set level, taxed and asylum seekers can not obtain identification code taxpayer, then some willeven illegally receive charitable aid from NGOs.Important regulations are under consideration. For example, relevant ministries have not interagencyapproved instructions for taking underage asylum seekers without accompanied by an adult. Given the lackof legislation and bureaucratic delay, power not appoint a legal representative for children who are indanger: they can not to apply for refugee status without a legal representative, they do not allow toorphanage 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, theauthorities frequently initiate its implementation for doubtful criteria and the problem is often solvedrecognition teen adult.
  • 14. In general, the process of developing laws and regulations neglectedinternational and European standards.Destructive administrative reformsLast administrative reform of the asylum system, which was launched in December 2010, led to thetermination 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 December2010 and lasted a year, during which some employees were fired and again returned to the field. Things arein the process of transfer or became temporarily unavailable. Abnormal institutional reforms had negativeeffects on the protection of asylum seekers in 2011. For example, because the management in the regionswere closed for some time, many people could apply for refugee status or renew their documents narazhalothem at risk of arrest or fines. Also, during this period, the officials responsible for asylum, did not appear toreview 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 responsibilitieswere expanded, and now they cover a wide range of issues including refugee status determinationprocedures, administrative detention of migrants, providing foreign residence permit and a readmissionagreement. Reorganization is usually associated with change in management of state migration service: 18months 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 thefirst 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 administrativebody responsible for decision making international protection) must be civil with the right signature, budgetand autonomy decide whom to give refugee status and who does not. Only qualified, properly trained staffshould decide on granting of international protection. In such circumstances, the Department for Refugeesand foreigners lacking key components "Responsible authority". He has no right to control the budget or thesignature, the decision concerning refugee status / additional protection must be signed by several officialswho outside the Department. Under such circumstances, a decision on refugee status and protection, mostall taken under the influence of migration interests, including control of illegal migration, thewhich 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 developmentof the asylum system. State Migration Service was unable to complete UNHCR picture of the resourcesallocated to the protection of refugees in 2012, because the structure of its budget has expanded fundingscheme of the asylum system. However, the State Migration Service informed UNHCR that it has securedenough funds to provide food items temporary refugees. DCC said they did not receive funds to provideinformation about the country of origin, local integration and overhaul of existing temporary stay ofrefugees, built at the expense of the international community. Although the first time was allocated fortranslation is not currently designed mechanism hiring translators. Many funds provided by the internationalcommunity in the past has been spent in vain.Inadequate funding associated with other problems in the public administration system seekers. If
  • 15. translators will not pay from the budget, they will demand money from asylum refugee status. In low-wageemployees may be tempted to do the same. If you do not invest in training officials in asylum or not toprovide them with information about the country of origin, quality of decision-making will remain at a lowlevel and will be open to corruption schemes. Another complication is that the decision-making processestoo centralized and opaque. A positive decision on refugee status / additional protection should have a 9signatures. Prosecutor scrutinizes positive decision, often challenging them. State management in the field ofasylum, which is characterized by scarce financial resources, insufficient trained staff and lack of broadautonomy, not creates conditions for analytical and individual approach to decision-making required forfair and accurate determination of protection needs. Important reform of the asylum system require theallocation of resources and experience to successfully complete administrative reforms in line withEuropean standards.3.4. The main concern of UNHCR in protectingUNHCR limited access to persons who are under his care in paragraphs detention on international airportand other places that restrict freedom of asylum seekers.In particular, UNHCR is concerned that the State Border Service often keeps people detained for trying toillegally 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 clearand recognized authorities. Asylum seekers at the border are not allowed into the country. In the first half of 2012 The European Courtof Human Rights has introduced interim measures under Rule 39 for two cases in which the Ukrainianauthorities refused asylum seekers access to the territory. While in first case of asylum seekers grantedaccess to the territory and procedure refugee status, otherwise people were sent to a third country, which wasevident violation of court adopted temporary measures.Cases of detention of asylum seekers are becoming more frequent. Disillusioned paralyzed asylum systemand the lack of reception of applications in Ukraine, asylum seekers are increasingly trying to cross thewestern 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 theperson can not be deported, there is no reason his / her detain for deportation. Despite the administrative andjudicial complaints about this issue, detention continues. Currently, 77% detained foreigners - asylumseekers.Jurisprudence on asylum has not been formed because of the lack of experience and understanding ofinternational norms. Jurisprudence of the European Court of Human Rights properly not applicableUkrainian courts. For example, they continue to issue warrants detention and deportation of citizens ofSomalia despite the fact that the European Court ruled that deportation through Mogadishu would be aviolation of Article 3 (with very few exceptions) and despite the fact that Ukraine has no practical means forreturning Somalis. Due to the efforts of UNHCR may reduce risks faced by asylum seekers and refugees in Ukraine, but cannot eliminate them. To protect asylum seekers from poverty because of the limited possibility of receivingapplications in Ukraine and the lack of economic and social rights, UNHCR provides financial assistance tothe most vulnerable people. In 2011 were spent 362.110 dollars. U.S. assistance to asylum seekers. Whenproblems with protection put asylum seekers in the situation unacceptable risk, UNHCR under its mandateconducts refugee status determination procedures and directs the case of such persons in third countriesconsider the possibility of relocation. In 2011, UNHCR recommended that 125 refugees who were seriousdanger for resettlement, including the EU countries.
  • 16. 3.5. ConclusionsUNHCR 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 givetangible results and asylum seekers often find themselves in a worse position than ordinary workers. Duringthe last 15 years, UNHCR has allocated 30 million dollars. U.S. development of the field of asylum andmigration. Frequent administrative reforms and personnel changes interfere with the government to build asustainable system and accompanied by unsubstantiated expenses allocated funds. Despite the momentumthat was result of the implementation of the Action Plan to liberalize the visa system, UNHCR is concernedlack of political will to create the asylum system that would meet international and European standards. IfUkraine continues in the same vein, it may lose the confidence of donors in the field of asylum. 4. Racism and racial discrimination4.1. RecommendationsBased on a detailed analysis of the situation ECRI has developed a number of recommendations, includingthe Ukrainian government proposed the following measures to strengthen the constitutional and otherprovisions to combat racism and racial discrimination:• provide continuous monitoring, recording and appropriate response to incidents of racist incidents in thecriminal 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 combatracism and racial discrimination, and its staff should have appropriate awareness of these issues and shouldbe provided with adequate human and financial resources to perform its functions, in his work actively takepart representatives of civil society;• authorities should intensify their efforts to prevent and punish violence and other crimes committed onracial grounds, in particular by strengthening monitoring of neo-Nazi and skinhead groups.4.2. Positive developmentsIn a recent report on Ukraine, issued CERD Committee on the Elimination of Racial Discrimination 14September 2011 recorded some positive developments that happened recently:• - Amendments to Articles 115, 121, 127 and 161 of the Criminal Code relating to accountability for crimesmotivated by racial, ethnic and religious intolerance, as well as recognition of such motives as aggravatingcircumstances 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 forestablishing the status of refugees and asylum seekers;• - immigration policy, approved by Presidential Decree № 622/2011 of 30 May 2011, contains provisionsthat protect the rights of migrants;• - introduction in December 2010 of a new State Migration Service of consolidated mandate that allows tostrengthen 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 period2010-2012 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 againstxenophobia, ethnic and racial intolerance;
  • 17. • - the introduction of a separate structural unit of the Ministry of Interior to combat cyber-crime throughenhanced cooperation with the structures that are struggling with similar offshore Web sites thatdisseminate intolerance;• - of administrative reforms, including the adoption of the law on the Cabinet of Ministers and theconsolidation of local governments to improve the management and coordination of institutional responsesto racial discrimination;• - various activities, including discussions, exhibitions and publication of relevant publications for thepublic awareness of the Holocaust Roma.4.3. Оbservations and concernsExpressed as significant observations and concerns, including:• - CERD (Committee on the Elimination of Racial Discrimination expressed concern that the StateCommittee on Nationalities and Religions, the Interagency Working Group against xenophobia and ethnicand racial intolerance, and the departments of the Ministry of Interior established to investigate and preventcrimes by ethnic soil ceased to exist tension in 2010, despite the fact that administrative reform is not yetcomplete. Due to the Committee recommends to form a new central authority in charge of ethnic andreligious 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 furtherelaboration and adoption depend on the development and approval of a new interagency strategy againstdiscrimination and intolerance on behalf of the President of Ukraine ... The Committee urges the State partyto accelerate the adoption of comprehensive anti-discrimination law ... "requires a definition of direct andindirect, de facto and de jure, as well as structural discrimination, the responsibility of individuals andentities that covers public officials and private individuals, compensation to victims of racial discriminationand institutional mechanisms needed to ensure full implementation of anti-discrimination legislation;• - The Committee notes that, unfortunately, there is no information on the effectiveness of theParliamentary Commissioner for Human Rights, whose mandate involves in accordance with the ParisPrinciples special powers in the field of racial discrimination, and encourages the Government to provide inits next periodic report detailed information on this issue ;• - The Committee remains concerned about the lack of modernized statistical information regardingethnicity, 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 governmentdevelop and apply appropriate methodology to address these deficiencies ;• - Committee anxiety caused by objections from law enforcement agencies and their reluctance to recognizeracist or discriminatory in many cases the nature of the offenses and the continuation of the practice ofethnic 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 hispropaganda, 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 aproper balance between protection from discrimination, including "hate speech" and the right to freedom ofopinion ;
  • 18. • - The Committee is concerned about the extremely low efficiency measures and programs designed toimprove 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 theirrights under Articles 11 and 92 of the Constitution of Ukraine. The Committee insists that the state adoptedappropriate legislation to protect indigenous peoples and ensure their economic, cultural, and socialdevelopment, and proposes to consider Ukraines ratification of the Convention 169 of the InternationalLabour 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 nativelanguage directed at them "hate speech", lack of political representation and access to justice. The issue ofrestitution and compensation for loss due to the deportation of more than 80 000 private rooms andapproximately 34,000 hectares of agricultural land remains a serious problem, especially because 86% ofCrimean Tatars living in rural areas were unable to exercise their right to the land because they did not weremembers of the collective farms and state farms. ECRI recommends that the State ensure the full restorationof political, social, and economic rights of the Crimean Tatars, including through restitution of lost propertyincluding land or compensation for these losses. This should make appropriate provisions of the Civil Codeof Ukraine or develop a separate law ;• - The Committee encourages the State party to amend the Civil Code and the Administrative Code toestablish civil and administrative liability for racial discrimination, including incitement to hatred throughthe 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 moreattention other international, including donors. For example, the OSCE High Commissioner on NationalMinorities has implemented a pilot project in 2007, the content of which was a series of intensive trainingsessions for local administrations and governments. In 2008 and subsequent years OSCE HighCommissioner on National Minorities continue his new projects.The situation of racism and discrimination in Ukraine was also reviewed 4 October 2011 at the plenarysession of the OSCE number 13. An all deficiencies of the legislation, it is insufficient to effectively fightdiscrimination, but the report states, with reference to the results of public monitoring also positive trendregarding 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 theresults of monitoring of public and official statistics. Deputy National Agency for Euro 2012 AlexanderBîrsan commented on the situation on statistics of the Ministry of Interior in hate crimes in 2011:"According to the joint statistical reporting Prosecutors Office and the Interior Ministry on crime based onracial, ethnic or religious intolerance during 2011 reported four similar crimes. including one - the threat ofmurder and three - on the basis of violation of equality of citizens regardless of race, nationality or religion."
  • 19. 5. Minority Roma5.1. The real situation today. Stories and commentsThe local scientists are alarmed, because this level of xenophobia is not recorded since the Second WorldWar. For Ukraine, the issue of Roma discrimination is crucial, because Gypsies are here one of the largestethnic 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 towardGypsies, 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 areaSvyatoshyn. - 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 iearned by begging and ancillary works. "With impressive statistics, about 75% of Ukrainian Roma under age 30 are illiterate. These figures illustrateperfectly the dynamics of ethnic savagery in 20 years of independence. "We have so say the true gypsy twoways - says Alex, Gypsy Baron from Kiev. - Or steal, or sing. Of course, life is not so clear, but a largeamount 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 withlocal 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 theircommunity. October 5, 1956 in a special "Gypsy," as it is popularly dubbed the Decree of the Presidium ofthe USSR Supreme Soviet "On the involvement of Roma labor involved in vagrancy," which prohibited thenomadic lifestyle and equated it to the infamous parasitism. There was even revived artificial fashionRomani 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 nationalminorities.The main cause of this process is that, on the one hand, most of the population of Ukraine Romatraditionally disliked, so to find a job for them - a big problem. "I tried many times to find a job somewherethough - says Sergey. - But come the construction as soon as construction superintendent sees that yougypsies - 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 tosurvive. Specific lifestyle of this ethnic group for millennia affected his mentality. "Most Gypsies earnvarious fraud - says sociologist Andrew Strutynsky. - Its true, you must admit. They used to be like suchpariahs who choose society, receiving from him the hatred and contempt. I must agree that this lifestyle - aconscious choice of the majority of Roma who simply can not imagine that you can live otherwise. Thisdoes not deny, and that a significant part of them in many countries and in Ukraine in particular, beautifullyworked and engaged in agriculture or other socially useful activities and has nothing to do with criminals. Inmy opinion, the main reason "Roma syndrome" - difficult social conditions in which from ancient times wasraised this ethnic group. Gypsies wanted to survive and used to do it all by authorized and unauthorizedways. Often by not allowed, unfortunately. ""Talk about criminalizing way all the Roma ethnic group is not entirely correct. No studies that clearlywould indicate that, for example, 70% or 90% of Roma are criminal lifestyle. Despite the stereotypes, asignificant number of Roma are sedentary. According to research, not more than 15% of them can really becalled nomads, and here we are talking about specific, individual communities. "
  • 20. 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 hereevery 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, professionalbeggars, fortune-tellers, etc., as well as engaging in drug trafficking, human trafficking and become realclans."Clan relations governing the life of the Roma people, - said Vitaly Kulik (director of the Center for CivilSociety). - 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. Outsidersalmost 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 longercamp in the literal sense of the word. Now it is something like a clan that brings together or one or a fewfamilies in a strong, vertically integrated structure, headed by the Baron. Each camp specializes in aparticular activity, often criminal, although there are exceptions, of course. For example, this writer founddirectly 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 abegging immediately after birth - Sergey recalls. - And in five years I have "earned" on the streets alone. Inseven years, one of my uncles began to teach all children in the camp skills and techniques pickpocket.Since "work" vehicle, my personal specialty - Metro. Im not too black outside, so people not payingattention. The day of the "red" line (Kiev-Brovarska) happened and to 1 thousand came out to "earn". Thereis less, and the cops are watching me. "
  • 21. Noticed also increasing curiosity of Roma to trafficking and illegal immigration. Last year police eliminatedseveral groups of Odessa and Mykolaiv regions that were recruiting disabled persons and persons withdisabilities to "paying job" in Russia, which were then exploited as beggars. In Transcarpathia organizedGypsy criminality has long trades illegals crossing-countrymen and other nationalities abroad in the EU."Im from their camp sent several young boys in Romania - says Alex, Gypsy Baron from Kiev. - They areusing fake documents crossed the border normally settled and then went on. Now, both in France, inMarseilles. Even we sometimes send money. I probably will not move there because too old, but youngpeople should go. Europeans treat us better, and have prosperous living. We do not have what to do inUkraine, 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 rumis dreaming about it. Romania is specially attractive , where is simplified procedure of acquiringcitizenship. It is always possible to buy fake documents from compatriots. But in last year the flow slightlydecreased.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 donot want to work with the vulnerable minority.Many Roma do not have the basic documents of identity. This seriously affects on their access to socialrights and the right to vote. Position of Roma in the field of housing, education and access to employmenthasn’t become better. Language hatred, negative stereotypes and prejudices against Roma are still widelycommon.Ukraine must soon decide the problem decriminalization and assimilation of this extraordinary nation. It isclear that the motion should be from both sides. On the one hand, society must realize that the Roma are alsopeople and also break the stereotype of "Rum - means the offender." On the other hand, the state must makeevery effort to give them at least some economic alternative from crime. Of course, the main must beaspiration 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 thefollowing conclusions: Discrimination as a set of behaviors aimed on the protection of fundamental rights on the basis ofmembership 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 andregulations. Here violations of human rights can be eliminated by the use, acceptance of new or amendingexisting laws and increased enforcement of legislation. It is harder to regulate this phenomenon ininterpersonal 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 lawenforcement, workers of medical facilities, school facilities are not able to give a more or less precisedefinition 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 ofdiscrimination and stigma, and often are unable protect their rights. The current legislation of Ukraine contains some legal provisions to protect against discrimination ofcertain groups, including ethnic minorities. However, the list of grounds for protection againstdiscrimination in the Ukrainian legislation is not complete and exhaustive.
  • 22. In law enforcement the courts of general jurisdiction Ukraine is almost not used Convention on HumanRights and Fundamental Freedoms and other international conventions, regulations, and standards of humanrights, ratified by Ukraine, including precedents of the European Court of Human Rights, hindering theimplementation of European human rights standards into the national legislation of Ukraine, improvement oflegal protection against discrimination.Despite the democratization process in Ukraine there are massive violations of Roma rights, contempt forhuman rights, humiliation of human honor and dignity. Common is a violation of articles 11, 21, 24, 35, 37of the Constitution of Ukraine, the criminal law. Not implemented a number of regulations that are aimed atprotecting 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 ofpublic 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, socialand law enforcement. The main grounds for discrimination is ethnicity and color. Should also emphasize thedual discrimination of Roma women who are discriminated against in society as Romka, and Romaenvironment - as women (gender discrimination).Law enforcement agencies still retain virtually unlimited authority to arrest citizens, illegal arrest, brutalviolation of their rights and freedoms. Reproduction of this situation contributes the low level of legalawareness among Roma disbelief in justice and the rule of law and lack of professionalism of some policeofficers in human rights.However during training and communication with police and government officials organizers are faced withthe fact that almost all participants expressed the idea "Wine because Gypsy" and considered one of the mostproblematic Roma crime in the sense of the population. Most police officers indicated that their practicalexperience suggests that crime is part of the Roma mentality, and this requires appropriate violent responseby 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 virtuallyimpossible, making impossible disciplining police officers.Priority actions in this direction should be related to the immediate adoption of the law on combatingdiscrimination and its fast implementation of the Ukrainian realities. Other measures that should be taken inthe near future - the development and implementation of comprehensive norms for schooling, including allrelated mechanisms to support stakeholders of school education as the right to education of Roma childrenin Ukraine should be fully secured. These and other measures, which contains a detailed description , requirea 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 informationon the protection and procedures, particularly in all that relates to discrimination on racial or ethnic grounds.
  • 23. 2. Take effective measures to prevent, detect instances of racial discrimination within the judicial systemand 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 fromviolent 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 offundamental civil, political, social and economic rights. Develop a program to ensure the registration of allpersons who are actually living in the territory, and ensure that local authorities do not refuse to registerRoma.6. Promote correct existing statistical data on Roma in Ukraine providing social services, access toeducation, employment, health, social welfare and justice.7. Develop and implement a comprehensive training program for officials at all levels to ensureunderstanding of the civil servants of national and international standards that prohibit discrimination, andtheir use in the work, including to ensure that they perform their duties to protect the citizens of Ukrainefrom discrimination.8. At all levels, to publish information on the fight against racial discrimination Roma form a clearunderstanding 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 theirrights.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 councilsat MIA in each region. 6. Foreign students6.1. The flow of studentsMany decades Ukraine accepts students from other countries. Since 1946, Ukrainian higher educationalinstitutions have produced about 250 thousand professionals from more than 160 countries. Get a highereducation in Ukraine is still getting applicants from many countries, and annual number of applicantsincreases. In 2000, the country studied almost 20,000 foreigners in 2010, the figure has doubled and nowexceeds 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 internationalstandards. And the cost of training still remains lower than in many other countries. In addition, the cost ofliving in Ukrainian cities are low.Traditionally, the largest influx of students is from Russia, Africa and the Middle East. However, thegeography of the regions from which they come to study in Ukraine is much broader and covers 130countries.By number of foreign students- leaders are the biggest Ukrainian cities. The first two places occupiedKharkiv, where the 28 higher education institutions have a license to teach foreign students, and the capitalof Ukraine - Kyiv - there are 41 higher education institutions, where they take on teaching foreigners. Inthese cities are studying more than 20,000 students from different countries. In Kyiv and Kharkiv, manyuniversities have licenses for foreign students: in Odessa - 18, Dnepropetrovsk - 16 in Donetsk - 11. Themost attractive professions for students from other countries are medicine, engineering, economics and
  • 24. 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 stateEvery year the Ministry of Education, Youth and Sports of Ukraine allocates about one thousandscholarships foreigners at the expense of the state budget in accordance with international treaties ofUkraine. 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 havedocumentation of secondary education of the country.At many universities and institutes that make adoption of foreign students, are opened specialized trainingdepartment. Training at the Faculty usually lasts one year. Passage of the preparatory course is particularlyrelevant if you want to select a training program in Russian and Ukrainian languages, and knowledge ofthese 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 acertificate that entitles them to enter any educational institution in Ukraine for the interview on a contractualbasis. Passage of such a preparatory course provides further successful learning, and helps prospectivestudents to adapt new socio-cultural environment.Citizens of other countries who are of Ukrainian origin, have the same rights to education as the citizens ofUkraine, upon the following areas of education, such as: education, arts, humanities, journalism. They canjoin the Ukrainian university or institution on a general basis, including training of public order. You mustget a referral to study in Ukraine from ethno-cultural communities in the country of residence. Citizens ofUkraine residing abroad are eligible to receive higher education in all public schools on the same basis. 7. Civil SocietyCivil 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 "visibleminorities") and xenophobia, especially against vulnerable groups such as Roma.The most successful activity of civil society organizations and NGOs are continuous and detailed monitoringof cases related to these problems. For example, monitoring symptoms and cases of anti-Semitism inUkraine continued for more than 10 years, monthly reports covering other forms of xenophobia, acts ofvandalism, "hate speech" in the media and in the statements of public figures, the reaction of the authoritiesand so on. To some extent, this role civil society compensates for the lack of continuous monitoring by theresponsible governmentIt is worth noting that the "non-ethnic" NGOs, especially expert and those dealing with preventionconflict, conflict management and resolving conflicts, dealing withmethodologically challenging, sometimes exhibit a high level of creativity anduse a variety of tools and approaches, including peoples diplomacy, modernmeditation techniques and conflict resolution. Thus, the contribution of NGOs in promotingtolerance and preserve ethnic peace in Ukraine are not less important thanorganizations and movements created on ethnic basisAnother example of active civil society is a network of centers European integration of Ukraine, which wasestablished on the basis of public libraries and organizations in May 2006 and now operates in 16 regions ofUkraine. One aspect of activity centers is an information and advocacy work focused particularly on
  • 25. spread European values such as human rights and minority rights and effective protection againstdiscrimination. The main objectives of the Network is to consolidate efforts and cooperation civil societyorganizations at the international, national, regional and local levels. As part of this activity in 2008, acampaign was organized "Tolerance as a Way to Europe", held in the context of the European Yearintercultural dialogue. Breadth of this campaign that covered most regions of Ukraine, and the establishmentof close links between the concepts of "tolerance" and "European" in the minds of young people, of course,greatly contributed to raising awareness andperception of such valuesCivil 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 signingof Ukrainian NGOs special Memorandum of April 5, 2011. Activity Coalition focused on real security inUkraine 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 unfairlyrestrict 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 isconstantly increases.