A/HRC/40/CRP.3
difficulties accessing government-controlled territory, to maintain family ties, access their
social entitlements or critical services and facilities, such as hospitals. This contributes to
the negative impact on the already fragile socio-economic situation and jeopardize
prospects for social cohesion and people’s wellbeing.
1. Remedy and reparation for conflict-affected population
30.
During the reporting period, OHCHR observed the implementation of the
amendments to the law ‘On the status of war veterans and their social protection
guarantees’, which expanded the scope of the law to include civilians, who acquired a
disability as a result of hostilities.26 The inter-agency commission to establish the nexus
between disability and conflict-related injury has considered in total 30 cases as of 15
February 2019. OHCHR welcomes this development, but remains concerned that
provisions of the Law expressly exclude civilians who were injured in territory not
controlled by the Government after 1 December 2014. OHCHR is also concerned by the
continued lack of a comprehensive state policy of remedy and reparation for civilian
victims of the armed conflict.
Court case on reparations for the family member of a person killed
due to hostilities, Luhansk region
The Supreme Court is considering a case of a woman seeking reparation for the loss of
her daughter, who died during the armed conflict in eastern Ukraine. The Supreme Court
did not suspend the execution of an earlier positive ruling by an appeals court. According
to the judgment, the Government of Ukraine is obliged to provide monetary reparation for
the family.
OHCHR notes the positive development, which paves the way to ensure reparation for
people who have lost their family members in the armed conflict. The Government has yet
to develop, establish and ensure proper implementation of a comprehensive mechanism
for remedy and reparation for individuals, who have been injured, and to families of those,
who lost their family member due to conflict.
2. Right to restitution and compensation for use or damage of private property
31.
OHCHR notes the long-standing absence of a unified, comprehensive and inclusive
mechanism to enable access to compensation for civilian property damaged and/or
destroyed due to hostilities. As of 15 February 2019, there are over 50,000 civilian homes
on both sides of the contact line damaged during the hostilities and homes of some 40,000
families, living on both sides of the contact line, are reportedly in urgent need of repairs to
protect inhabitants from low winter temperatures. 27
32.
Civilians face multiple obstacles in accessing compensation for the military use of
their houses, land and other property in government-controlled territory.28 Persons told
OHCHR the military forces did not sign lease agreements with them for the use of their
property. Without such documents, civilians are not able to claim compensation for utility
bills and any damages to their property caused during its use by the military. OHCHR has
yet to observe the initiation of investigations into acts of looting allegedly committed by
officers of the Ukrainian Armed Forces or other ground military forces.
26
27
28
Law “On amendments to the Law of Ukraine ‘On the status of war veterans and their social
protection guarantees’ enhancing the social protection of participants of the anti-terrorist operation, of
the Revolution of Dignity and of the family members of such persons,” no. 2203-VIII of 14
November 2017. The law entered into force on 24 February 2018.
See Humanitarian Needs Overview 2019, p. 10 and Multi-Year Humanitarian Response Plan 20192020, p. 12.
OHCHR does not assess the military necessity of the use of civilian homes, land or property.
11
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