On 6 July the Special Advisor of the Council of Europe Secretary General for Ukraine, Regis BRILLAT, participated at the extended meeting organised by Verkhovna Rada Committee on Human Rights on "Hearing information from representatives of the Cabinet of Ministers of Ukraine, responsible ministries and institutions about the course of implementation of recommendations on "Status of observance of rights of internally displaced persons and Ukrainian citizens living on temporarily occupied territories of Ukraine and on territory temporarily uncontrolled by the Ukrainian authorities".

In his statement the SASG commend the important role that the Government and the Parliament of Ukraine play in protecting the rights of internally displaced persons. He underlined that displaced persons in Ukraine remain in their own country, where they should be entitled to their full rights as citizens.

Therefore the SASG drew attention of the participants to some provisions of Resolutions 352 and 365 of the Cabinet of Ministers of Ukraine dealing with social payments to internally displaced persons and verification procedures that may raise questions with regard to their conformity with Council of Europe standards, in particular the European Convention on Human Rights. “The Council of Europe welcomes today’s meeting and encourages the Government and Parliament of Ukraine to carry out additional improvements in order to bring the resolutions fully in line with international standards”,- said Regis BRILLAT.

Statement

by Régis Brillat,

Special Advisor of the Secretary General of the Council of Europe on Ukraine

at the Enlarged meeting of the Verkhovna Rada Committee on Human Rights, National Minorities and Interethnic Relations

Kyiv, 6 July 2016

Mr Chairman,

Vice Ministers,

Esteemed Partners,

Ladies and gentlemen,

I would like to thank the organizers for convening this meeting and for allowing me to make a contribution on behalf of the Council of Europe.

Our Organisation recognizes that the on-going conflict created a challenge by trigging massive internal displacements in Ukraine. We have been working with the Ukrainian authorities providing extensive expert advice and recommendations with a view to developing and adopting the necessary legislative and regulatory framework to protect the human rights of internally displaced persons. Our cooperation proved to be successful: it resulted in the adoption of the Law on internally displaced persons on 20 October 2014 and the launching of the Council of Europe project to assist Ukrainian authorities in protecting the rights of internally displaced persons.

We commend the important role that the Government and the Parliament of Ukraine play in these activities.

In this respect, it remains key not to forget the displaced persons themselves. In all our activities and in all our discussions, we should keep in mind that the United Nations guiding principles and other relevant international instruments of human rights and humanitarian law apply to all internally displaced persons. Among all these texts, a prominent one for Council of Europe member States is the European Convention of Human Rights. Our work should be directed towards implementing and respecting the rights of all individuals, including of internally displaced persons, which are provided in the Convention.

Based on that reasoning, on 24 June 2016, I sent letters to the relevant Ukrainian authorities regarding the adoption, on 8 June 2016, by the Cabinet of Ministers of two Resolutions 352 and 365 dealing with social payments to internally displaced persons and verification procedures.

From an initial analysis, the resolutions introduce certain positive provisions. For instance, they make an end to the requirement of the stamp of the State Migration Service on internally displaced persons’ certificates, bringing the regulations partly more in line with Ukrainian legislation. On the other hand, certain provisions dealing with verification measures may raise questions with regard to their conformity with Council of Europe standards, in particular the European Convention on Human Rights.

It appears fully legitimate to verify the entitlements of beneficiaries to social benefits. However, the manner in which such verifications are to be carried out with regard to internally displaced persons may raise concerns in the light of human rights such as the right to freedom of movement, the right to privacy, and the right to non-discrimination.

Furthermore, the restrictions thus introduced in the enjoyment of rights may also raise questions in respect of the proportionality of the measures adopted to the aim pursued. Aside from concerning the specific assistance to internally displaced persons, the measures at stake, by linking all other social benefits to the registration as internally displaced persons may pose additional risks to social and economic rights of the persons concerned.

The Council of Europe welcomes today’s meeting and encourages the Government and Parliament of Ukraine to carry out additional improvements in order to bring the resolutions fully in line with international standards. In view of the important issues at stake, a public consultation prior to the adoption of any such legislation would be highly welcome.

Displaced persons in Ukraine remain in their own country, where they should be entitled to their full rights as citizens. The Ukrainian authorities are invited to respond to the pleas of internally displaced persons for help and assistance, with a particular attention to the most vulnerable groups

I thank you.