June 20 is World Refugee Day, established by the UN General Assembly in 2000. On this day, charitable and human rights organizations worldwide raise awareness of the rights and needs of people who have been forced to flee their homes due to war, conflict, and persecution to seek a safer place to live.
World Refugee Day is observed in more than 100 countries, including Ukraine. This year, we focus not only on the rights of refugees and people with complementary protection in our country but also on IDPs, as all these categories are vulnerable and need constant support from society and the government. With this special project, we are highlighting the difference between the definitions of a “refugee”, a “person with complementary protection,” and an “internally displaced person” in Ukraine and sharing information about the social services refugees and people with complementary protection who became IDPs can receive in our country.
From this article, you will find out:
- What international protection Ukraine provides.
- About the rights and freedoms of refugees and people with complementary protection in Ukraine.
- About social services that refugees and people with complementary protection who became IDPs can receive in Ukraine.
- Where to obtain free legal assistance in relation to applying for protection in Ukraine.
We are developing helpful resources for affected people as part of the project “Supporting the Capacity of the Social Protection System to Register Internally Displaced Persons”.
PART 1: INTERNATIONAL PROTECTION IN UKRAINE
Can Ukraine Grant Asylum to Foreigners and Stateless Persons?
Yes.
According to the Constitution of Ukraine, foreigners and stateless persons who are residing in Ukraine legally enjoy the same rights and freedoms and have the same obligations as Ukrainian citizens, with the exceptions provided for by the laws and regulations of Ukraine.
In 2002, Ukraine acceded to the 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol.
Ukraine is recognized and remains a country of destination and transit for people in need of international protection.
Foreigners can obtain international protection in Ukraine in one of three forms:
- Refugee status;
- Status of a person in need of complementary protection;
- Status of a person in need of temporary protection (currently not implemented in practice).
Refugees are foreigners and stateless persons who are outside their country of nationality or country of previous permanent residence because of a well-founded fear of persecution* on the basis of their:
- Race;
- Religion;
- Ethnicity;
- Citizenship;
- Belonging to a certain social group or sharing certain political beliefs.
Refugees are unable to enjoy the protection of their country of citizenship or are unwilling to do so due to well-founded fears.
A refugee can also be a person who is stateless, outside the country of his or her previous permanent residence, and is unable or unwilling to return to it due to the above-mentioned concerns.
*Persecution is a violation of fundamental human rights and freedoms, which directly include freedom from slavery and servitude; freedom from torture or cruel, inhuman, or degrading treatment or punishment; freedom from arbitrary arrest, detention, or exile; freedom of thought, conscience, and religion; freedom from arbitrary interference with one’s personal and family life, etc.
People in need of complementary protection are people who were forced to come to Ukraine or stay in Ukraine as a result of threats to their life, safety, or freedom in their country of origin in situations of:
- International armed conflict;
- Internal armed conflict;
- Systematic violation of human rights;
as well as
- For fear of the application of the death penalty or the enforcement of a death sentence, or torture, inhuman or degrading treatment or punishment.
People in need of temporary protection are foreigners and stateless persons who are compelled to seek protection in Ukraine en masse due to events that violate public order in a certain part or throughout the territory of their country of origin, namely:
- External aggression;
- Foreign occupation;
- Civil war;
- Interethnic conflict;
- Natural or man-made disasters;
- Other events.
On March 4, 2022, due to the large-scale invasion of Ukraine by the Russian Federation, the minimum standards for granting temporary protection were activated in relation to Ukrainians who had traveled abroad (EU Council Decision 2022/382).
Important!
If you have been granted any of these statuses, you cannot be sent back to the country from which you were forced to leave.
PART 2: RIGHTS AND FREEDOMS OF REFUGEES AND PEOPLE WITH COMPLEMENTARY PROTECTION IN UKRAINE
Refugees and people with complementary protection have the right to:
- Freedom of movement and choice of their place of residence, as well as the freedom to leave the territory of Ukraine, except for restrictions established by law;
- Work;
- Carry out business activities not prohibited by law;
- Health care, medical care, and insurance;
- Recreation, education, freedom of thought, and religion;
- Own, use, and dispose of their property, the results of their intellectual and creative activity;
- Equal rights with citizens of Ukraine in marriage and family relations;
- Send individual or collective written appeals or personally reach out to state authorities, local governments, officials, and employees of these bodies;
- Appeal in court against decisions, actions, or inaction of state authorities, local self-government bodies, officials, and employees;
- Apply for protection of their rights to the Ukrainian Parliament Commissioner for Human Rights;
- Receive free legal aid;
- Receive financial assistance, pensions, and other types of social security, and use housing provided at the place of residence;
- Other rights and freedoms provided for by the Constitution and laws of Ukraine.
Refugees and people with complementary protection may be deprived of this status if they:
- Engage in activities that threaten national security, public order, or the health of Ukrainians;
- Return to their country;
- Acquire citizenship;
- Are granted asylum in another country;
- For other reasons*.
*The Law of Ukraine “On Refugees and Persons in Need of Complementary or Temporary Protection”.
PART 3. SOCIAL SERVICES AVAILABLE TO REFUGEES AND PEOPLE WITH COMPLEMENTARY PROTECTION WHO BECAME IDPs IN UKRAINE
A Refugee, a Person With Complementary Protection, and an IDP: What Is the Difference?
A refugee is a person who has moved outside the country of permanent residence or citizenship due to a well-founded fear of persecution on various grounds. (The legal regime is regulated by the Law of Ukraine “On Refugees and Persons in Need of Complementary or Temporary Protection”.)
People in need of complementary protection are people who were forced to come to Ukraine or stay in Ukraine as a result of a threat to their life, safety or freedom in their country of origin.
The legal regime is regulated by the Law of Ukraine “On Refugees and Persons in Need of Additional or Temporary Protection”. We describe these statuses in more detail in the first part of the article.
An internally displaced person (IDP) is a person who has moved within Ukraine as a result of or in order to avoid the negative consequences of armed conflict, temporary occupation, widespread violence and human rights violations, and natural or man-made disasters.
In particular, IDPs include people who have moved within Ukraine as a result of or in order to avoid the negative consequences of the war of the Russian Federation against Ukraine.
Can a Refugee and a Person with Complementary Protection Obtain an IDP Certificate?
Yes.
If you have been granted the status of a refugee or a person with complementary protection in Ukraine, you have the right to apply for an IDP registration certificate if you have been forced to leave or flee your place of residence as a result of or in order to avoid negative consequences of:
- Armed conflict;
- Temporary occupation;
- Widespread manifestations of violence;
- Human rights violations;
- Natural or man-made disasters.
Refugees and people with complementary protection who became IDPs in Ukraine are eligible under certain conditions* to receive living assistance for internally displaced persons.
*Conditions for receiving financial assistance for IDPs.
How Can Refugees and People with Complementary Protection Get an IDP Certificate?
Refugees and people with complementary protection can apply for IDP registration:
- To the social protection authority of local councils;
- Or to an authorized person of the village, town, city council, or an Administrative Services Center (during the period of martial law).
Full instructions in English.
Full instructions in Ukrainian.
IDP REFUGEES HAVE THE RIGHT TO:
- Receive humanitarian and charitable assistance (detailed information can be found at here: eDopomoga platform, the section for IDPs on Diia platform);
- Priority enrollment in state and municipal preschool education institutions (for children from among IDPs)*;
- Continue your education at an educational level, namely preschool, general school, vocational, or higher education**;
- Receive state targeted support, including social scholarships for for refugee children and children in need of complementary protection from among IDPs who study at the expense of the state budget**;
- Free hot meals in public and municipal institutions of preschool, general secondary education, and other institutions of complete general secondary education***;
- Receive financial living assistance for IDPs****;
- Use legal services at the expense of the government*****.
*Resolution of the Cabinet of Ministers of Ukraine No. 305, dated March 12, 2004; Resolution of the Cabinet of Ministers of Ukraine No. 86, dated January 27, 2021.
**The Resolution of the Cabinet of Ministers of Ukraine No. 1045, dated December 28, 2016; the Resolution of the Cabinet of Ministers of Ukraine No. 975, dated November 23, 2016.
***Resolution of the Cabinet of Ministers of Ukraine No. 305, dated March 24, 2021; Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons”.
****Resolution of the Cabinet of Ministers of Ukraine No. 332, dated March 20, 2022.
***** The Law of Ukraine “On Free Legal Aid”.
PART 4. WHERE TO OBTAIN FREE LEGAL ASSISTANCE IN RELATION TO APPLYING FOR PROTECTION IN UKRAINE?
If you have refugee status or are a person in need of complementary protection, or if you want to apply for protection in Ukraine, you can contact the partners of UNHCR for the relevant legal assistance. Detailed information regarding such assistance and the contacts of partners can be found at this link:
https://help.unhcr.org/ukraine/where-to-seek-help/unhcr-partner-organisations/.
The information is provided in various languages spoken by most protection seekers.
You can also join the Telegram channel: https://t.me/s/refugeehelperua.
You can contact the UN High Commissioner for Refugees (UNHCR) in Ukraine for further details:
Email addresses:[email protected]; [email protected].
UNHCR website: https://www.unhcr.org/ua/refugees-asylum-seekers_ua.
Other useful contacts:
Free Legal Aid System Contact Center: 0-800-213-103.
Ukrainian Parliament Commissioner for Human Rights Hotline: 0-800-50-17-20, +38 (044) 299-74-08.
UNHCR Hotline for IDPs: 0-800-307-711.
CO “CF “SSS” Hotline: 0-800-33-27-40.
If, as a result of internal displacement, you need legal advice on registration as an IDP, restoration or assignment of social benefits and services, please fill out the short form: https://bit.ly/3jHq2eg.
The CO CF SSS consultants will contact you to provide professional legal assistance.
This article was prepared by the Charity Foundation “Stabilization Support Services” with funding from the United Nations Refugee Agency in Ukraine (UNHCR). The contents of this publication are the sole responsibility of the CO CF SSS and can in no way be taken to reflect the views of the Agency.
The information is current as of June 3, 2024.