A/HRC/43/CRP.5
through local authorities to a limited number of affected families. This has not been done in
a regular or consistent manner. OHCHR welcomes the commitment of the Cabinet of
Ministers to further amend Resolution No. 947 of 18 December 2013 in order to improve
the access of the affected population to compensation.20 OHCHR recalls that Ukraine has
committed to providing access to adequate, safe and affordable housing and basic services
under SDG 11.21 However, a comprehensive and non-discriminatory State policy of
restitution and compensation for damaged and destroyed housing and property is still
lacking.
35.
OHCHR continued to document cases of military use of civilian property, which
resulted in looting and destruction of property in some cases, and a failure to provide
adequate alternative housing and/or compensation. Furthermore, the military failed to pay
the bills stemming from their use of utilities such as electricity, leaving owners with large
debts.
36.
For example, in Government-controlled Verkhnotoretske (Donetsk region), a family
of retirees informed OHCHR that in 2014, their home was damaged by shelling and they
were forced to leave due to general insecurity. From 2015 to 2018, their home was used by
the military and was looted. The family applied to local authorities and the police seeking
compensation for the damages and an investigation into the pillage. In the last four years,
the police has not effectively investigated the complaint. The local authorities did not
provide any compensation or alternative temporary housing to the family. The family was
only able to return to their home in 2018, when the house was vacated by the military and
partly rebuilt by a humanitarian organisation.
37.
OHCHR also documented the case of a family who was forced to leave their home
in the part of Zolote-4 that came under the control of armed groups in October 2018 due to
the active hostilities at the time. They were forced to move to a rented apartment in Zolote5, a nearby location. One of the family members then lost his job, placing the family in
financial difficulty. The family received no housing support nor have they been able to visit
and maintain their property, reportedly due to the presence of mines.
2.
Right to social security and social protection
38.
OHCHR welcomes the statement by the chair of the Parliamentary Human Rights
Committee that pensions should be paid to all eligible individuals without any
discrimination based on place of residence or registration.22 The current policy requiring
pensioners registered in territory controlled by ‘Donetsk people’s republic’ and ‘Luhansk
people’s republic’ to register as IDPs in Government-controlled territory and regularly
undergo verification process to receive pension payments has caused hundreds of thousands
of pensioners to lose their pension payments.23 OHCHR calls on the Parliament and Cabinet
of Ministers to undertake practical actions to ensure full access to pensions and social
entitlements for all eligible individuals, and to delink the payment of pensions from IDP
registration. This would contribute towards Ukraine’s implementation of SDG 10, by
ensuring access to social services and reforming pension insurance based on principles of
20
21
22
23
For more information, see OHCHR, Report on the human rights situation in Ukraine, 16 May to 15
August 2019, para 34-36.
See Target 11.1 set out in the Ministry of Economic Development, Trade and Agriculture’s
Sustainable Development Goals: Ukraine – 2017 Baseline Study, p. 82, available at
http://sdg.org.ua/images/SDGs_NationalReportEN_Web.pdf.
Ukrainian National News, “The Council raised questions about the delinking of pensions from IDP
status”, available at www.unn.com.ua/uk/news/1831727-u-radi-postavili-pitannya-providokremlennya-otrimannya-pensiy-vid-statusu-vpo.
United Nations Ukraine, Briefing Note on Pensions, available at
www.humanitarianresponse.info/ru/operations/ukraine/document/briefing-note-pensions-unitednations-ukraine-february-2019.
13
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