A/HRC/43/CRP.5
Remedy and reparation to civilian victims of the conflict14
4.
32.
OHCHR welcomes the allocation in the State budget of 40 million UAH (16.6
million USD) for compensation to civilian victims of the conflict. 15 This is the first time
such an allocation has been made. OHCHR also notes five positive decisions by courts of
first instances on compensation to civilian victims of the conflict, awarding approximately
500,000 UAH (21 000 USD) each on average. For example, on 15 October 2019, the
Zhovtnevyi district court of Mariupol allocated compensation of one million UAH to the
family of a civilian man who was killed as result of hostilities in the village of Shyrokyne
(Donetsk region) on 15 February 2015. However, OHCHR notes that a comprehensive
State policy of remedy and reparation to civilian victims of the conflict is still lacking, and
urges the Government and Parliament of Ukraine to develop such a policy in accordance
with international standards.
B.
Economic and social rights of conflict-affected persons and freedom of
movement
“Our pensions are ridiculous […] I only have 1,500 UAH [63 USD]. How can I
survive? I have to pay utility bills and I need 400 UAH just to travel outside the village
to see doctors and buy medicine.”
- A pensioner, explaining his problem with the lack of
public transport and low pensions in Vidrodzhennia.
33.
The socio-economic situation of the conflict-affected population, representing 5.2
million men, women and children,16 remained bleak. Conflict-affected families, including
those living in isolated settlements in the affected areas continued to have limited access to
basic goods and services such as healthcare and medication, markets, social services and
education. The lack of public transportation, employment and livelihood opportunities, in
addition to the physical and economic insecurity, including due to mine contamination,
further aggravated their situation. A comprehensive State approach promoting their social
and economic rights is urgently required. It would demonstrate commitment to the 2030
Agenda at the national level, giving substance to the President’s decree of 30 September
2019 to ensure compliance with SGDs, 17 and positively impact the pace and effectiveness
of local efforts aimed at achieving sustainable development.18
1.
Housing, land and property rights
34.
Over 50,000 civilian homes have been damaged or destroyed due to hostilities on
both sides of the contact line since the beginning of the conflict.19 The Government has
provided compensation and/or adequate alternative housing (as a temporary measure),
14
15
16
17
18
19
12
The right to reparation for victims of gross violations of international human rights law and serious
violations of international humanitarian law includes five types of measures: restitution,
compensation, rehabilitation, satisfaction and guarantees of non-repetition. For more details, see
paras. 15-23 of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Gross Violations of International Human Rights Law and Serious Violations of
International Humanitarian Law (A/RES/60/147).
As adopted by the Parliament in the second reading of the law on the State budget on 14 November
2019.
See Multi-Year Humanitarian Response Plan 2019-2020.
Presidential Decree No. 722/2019 adopted on 30 September 2019, available at
https://zakon.rada.gov.ua/rada/show/en/722/2019.
Under SDGs 1, 2, 3, 4 and 6, Ukraine has made commitments towards the elimination of poverty and
hunger, and the provision of good health and well-being, quality education and clean water and
sanitation.
Humanitarian Needs Overview 2019, p. 10 and Multi-Year Humanitarian Response Plan 2019-2020,
p. 12.
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