A/HRC/45/CRP.8A/HRC/45/CRP.8 that the Government’s commitment to address shortcomings in Cabinet of Ministers Resolution No. 947 on compensation for civilian housing destroyed by the conflict has not yet been fulfilled.20 OHCHR also regrets that the 2020 budget allocation to implement the Resolution was reduced from UAH 40.2 million (approx. $1.4 million) to UAH 20.1 million (approx. $700,000). Military use of civilian property 45. The Government is yet to adopt legislation that would oblige the military to properly document its use of civilian property and to cover related expenses and any damage caused.21 During the reporting period, OHCHR continued to document cases of military use of civilian property with no lease agreements with owners or tenants. 22 As a result, civilians continued to face difficulties obtaining compensation for utility bills accumulated by the military, and damage they have caused to private property. 2. Freedom of movement in the context of COVID-19 “It is like a nightmare, we are in the ‘grey zone’, and sleep in a bus stop, there is no food nor water, when will this end? I want to wake up and forget everything.” A pregnant woman stuck in the grey zone and unable to cross to armed group-controlled territory via ‘Novotroitske’ EECP. EECP. 46. From 16 March, the JFO began to apply restrictive measures on movements through the EECPs at the contact line, and allowed only exceptional crossings on humanitarian grounds. The self-proclaimed ‘republics’ established similar restrictions on 21 March. 47. From late March to mid-June, the number of monthly crossings decreased from 1.3 million in both directions to a few hundred (mostly in Luhansk region with virtually no crossings in Donetsk region). As a result, thousands of people were separated from their families, lost access to quality healthcare, pensions, social protection and work places. Women and older persons who comprised the majority of those crossing before the COVID19 lockdown, were particularly affected. 48. On 10 June, the Government re-opened ‘Stanytsia Luhanska’ (Luhansk region) and ‘Marinka’ (Donetsk region) EECPs. On 19 June, ‘Luhansk people’s republic’ re-opened the ‘Stanytsia Luhanska’ EECP for crossing to Government-controlled territory, and for crossings in the opposite direction based on residence registration in territory controlled by armed groups. ‘Donetsk people’s republic’ first re-opened ‘Novotroitske’ EECP on 25 June; in July, the EECP was open for 2-3 days per week on the armed group-controlled side, and permanently open on the Government-controlled side.23 From 19 June to 31 July, the total number of crossings in Donetsk and Luhansk regions comprised 43,000 (in both directions), which was much lower than during pre-COVID-19 period, and particularly low in Donetsk region (2,300 in both directions). 49. Since the end of June, to enter territory controlled by ‘Donetsk people’s republic’ through the EECP, civilians must have permission from the ‘operational headquarters to combat COVID-19 spread’ of ‘Donetsk people’s republic’ and be registered on that territory. To leave territory controlled by ‘Donetsk people’s republic’ to Government-controlled territory through the EECP, civilians must be registered in Government-controlled territory. Additionally, those entering Government-controlled territory were required to install the ‘Act at Home’ mobile application which effectively discriminated against those who could not 20 21 22 23 See OHCHR, Report on the human rights situation in Ukraine, 16 May to 15 August 2019, paras. 3436. Currently regulated by the Ministry of Defence order No. 380 of 31 July 2018, which entered into force on 16 October 2018, available at: https://zakon.rada.gov.ua/laws/show/z1020-18#Text. OHCHR interviews, 26 May 2020 and 23 July 2020. The Government also re-opened other EECPs in Hnutove, Maiorske and Marinka, but all three EECPs leading to territory controlled by ‘Donetsk people’s republic’ remained closed on the armed group-controlled side. 13

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