A/HRC/41/CRP.2
groups forcibly evicted the owners of the house in December 2014. The armed groups did
not provide any protection to the owners, nor adequate housing.
3.
Right to social security and social protection
37.
OHCHR regrets the continued lack of Government action to guarantee the payment
of a pension to all Ukrainian citizens irrespective of their place of residence and registration.
Despite positive developments in the judicial system when the national courts continued to
rule in favour of pensioners, restoring their right to a pension in the line with international
human rights standards,29 the Government failed to implement the decisions in a
comprehensive and non-discriminatory manner.30 As of December 2018, 562,000 pensioners
with original residence registration in territory controlled by ‘Donetsk people’s republic’ and
‘Luhansk people’s republic’ continued to receive pensions – out of an estimated 1,278,200
pensioners registered there as of August 2014.31 This continued non-inclusive access to social
rights entrenches community divides and limits the space for peace and reconciliation efforts
in eastern Ukraine.
38.
OHCHR commends the Pension Fund of Ukraine initiative to develop draft
amendments to resolutions32 regulating the payment of pensions to internally displaced
persons (IDPs) which annul the residency verification requirement for pensioners.
Nevertheless, OHCHR reiterates key concerns submitted jointly with UNCHR to the Pension
Fund: current draft amendments do not protect IDPs from arbitrary suspension of their
pensions.33 Moreover, the amendments do not resolve the main problem – that IDP
registration is a requirement for pension payments. In addition, the draft amendments refer
to a document regulating the payment of accumulated arrears, but such a document does not
yet exist.
39.
On 24 April 2019, the President of the Russian Federation signed an executive order
‘On Identifying Groups of Persons Entitled to a Fast-Track Procedure when Applying for
Russian Citizenship on Humanitarian Grounds, which applies for individuals permanently
residing in ‘certain areas’ of the Donetsk and Luhansk regions in Ukraine.34 The preamble
states that its aim is to “to protect the rights and freedoms of a person and a citizen”. On 8
May 2019, the Government of Ukraine approved its official position 35 that obtaining a
Russian Federation passport under the aforementioned simplified procedure will not lead to
a loss of Ukrainian citizenship. Recognising that it remains within the State’s sovereign
power to determine retaliatory measures against other States, OHCHR notes that such
measures must not be contrary to the State’s human rights obligations. OHCHR will continue
monitoring the impact of the implementation of the order on Ukrainians’ citizens.
4.
Freedom of movement
40.
Crossing conditions between Government-controlled and territory controlled by
‘Donetsk people’s republic’ and ‘Luhansk people’s republic’ remained harrowing over the
29
30
31
32
33
34
35
Supreme Court decision of 22 October 2018 with a reference to the Namibian exception, recognised
the document issued in armed group-controlled territory to count towards the time a person had
contributed to the pension fund and, hence, afford the gained pension , available at
http://reyestr.court.gov.ua/Review/77310529.
See OHCHR Report on the human rights situation in Ukraine, 16 August to 15 November 2018, para.
37.
United Nations Briefing Note on Pensions for IDPs and persons living in the areas not controlled by
the Government in the east of Ukraine, available at
https://www.humanitarianresponse.info/en/operations/ukraine/document/briefing-note-pensionsunited-nations-ukraine-february-2019.
Resolutions Nos. 365, 637 and 649.
For instance, the procedure of informing an IDP about the suspension of his or her pension and the
grounds for this decision.
Executive Order of the President of the Russian Federation No. 183, dated 24 April 2019.
According to the Resolution of the Cabinet of Ministers No. 362-p of 8 May 2019, as of 31 May 2019
passports issued in Novoshahtynsk and Pokrovske (Rostov region of the Russian Federation) after 29
and 30 April 2019 respectively will not be recognised as valid documents and cannot be used in the
territory of Ukraine.
13
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