the latter was not given a sufficient level of independence to carry out a meaningful
monitoring function of anti-corruption policies. The Government has indicated its intention
to adopt a new anti-corruption strategy for 2014. Eradicating corruption is also inextricably
linked to improving the functioning of other institutions. This includes amendments to the
legal framework governing the powers and work of the Prosecutor’s Office, public
procurement procedures and reforming the public administration and civil service. In all
these areas, no progress has been made during the reporting period.
Asylum
93.
On 30 May 2014, the amendments to the Refugee Law of Ukraine, which brought the
complementary protection and temporary protection definitions in line with international
and European standards, came into force. The definition of complementary protection now
includes persons fleeing armed conflict and other serious human rights violations85. Also,
in May 2014, asylum seekers were granted access to emergency medical care. Another
recent development is the beginning of practical implementation of the age assessment
procedure for unaccompanied children seeking asylum which was adopted by the State
migration service in 2013. The first age assessment committee was convened in June 2014
in the Kyiv region.
94.
However, numerous gaps remain in the current refugee law particularly affecting the
quality of due process in the asylum procedure and the reception conditions for asylumseekers. Asylum-seekers frequently have to find and pay for their own interpreters; if their
applications are rejected, they are not provided the reasons for rejection, yet have only five
days to file an appeal; asylum-seekers are frequently left undocumented because of gaps in
the asylum procedure. Without documentation, asylum-seekers cannot exercise their right
to temporary employment. Since reception conditions are generally poor (few spaces
available in Temporary Accommodation Centres, no social assistance available outside
these centres), many are compelled to work informally in order to meet their basic needs.
This places them at risk of exploitation, and given the general economic downturn in the
country, their livelihoods are extremely precarious.
95.
The quality of decision-making on asylum applications remains a concern, as many
persons with genuine international protection needs continue to be rejected and at risk of
refoulement. For example, in 2013, 46% of Syrian asylum applicants received refugee
status or complementary protection.
96.
State funding for asylum matters is inadequate. Low staffing levels and high turnover at
some migration service offices means that staff is frequently unavailable to perform regular
tasks, such as receiving asylum applications or renewing documents. For example, in early
May, one asylum-seeker had to approach the migration service on five different days in
order to file an application. This gap means that asylum-seekers are often undocumented
and at risk of detention. The state does not provide language classes, so asylum-seekers
struggle to adapt. Recognized refugees receive a one-time grant of only 17 UAH (less than
$2), which is clearly insufficient.
IV.
ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS
85
On Amending Article 1 of the Law of Ukraine “On refugees and persons that require additional or temporary
protection”, available at http://zakon1.rada.gov.ua/laws/show/1251-18
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