Mr. Groysman Volodymyr Borysovytch
Prime Minister of Ukraine
22.08.2016
Request from public organizations
on development of changes to some resolutions of the Cabinet of Ministers of Ukraine regarding IDPs’ rights realization
On June 8, 2016 changes to some resolutions of the Cabinet of Ministers of Ukraine were adopted regarding IDPs’ rights realization issues (Resolution No. 365 “On some issues of social benefits for internally displaced persons” and 352 “On Amendments to the Cabinet of Ministers of Ukraine on 1 October 2014 Number 509” of the Cabinet of Ministers of Ukraine on June 8, 2016). Texts of those resolutions were not discussed with the public and had essential remarks, what was stated at the session. A work group made of representatives of public organizations, which provide help to IDPs, should have been established after adoption of those resolutions based on the Ministry of Social Policy. That group was supposed to amend resolutions and bring them into conformity with the Law.
According to the decree of the Minister of Social Policy of Ukraine mentioned group was established on June 23, 2016. Amendments to the Resolution No. 365 were discussed during 4 sessions, which took place in the period 23.06 – 18.08 2016.
Representatives of the Ministry of Temporarily Occupied Territories and Internally Displaced Persons, Luhansk Regional Military-Civil Administration (hereinafter Luhansk RMCA), representatives of the Social Protection of the Kyiv City State Administration were engaged to sessions of the work group. All participants of the dialogue stressed the need for significant change of the Parliament Resolution No. 365 and banning rights violations of Ukrainian citizens, who were affected by the conflict, and emphasized the lack of practical means for realization of abovementioned norms of the Parliament Resolution on local level. Public organizations pushed for their first proposed amendments to the Resolution No. 365 guided by the non-discrimination principal regarding internally displaced persons, also they emphasized non-conformity of the Resolution’s norms with the Constitution and laws of Ukraine.
Propositions of the public organizations can be found here: https://goo.gl/8wCTw7.
But, unfortunately, none of proposed changes was taken by the Ministry of Social Policy of Ukraine. On July 21 the Minister of Social Policy of Ukraine organized a monitoring visit to Kramatorsk in order to check realization of the Resolution No. 365. He got propositions on amending the Resolution from the Donetsk Regional Military-Civil Administration (hereinafter – Donetsk RMCA). Based on results of the monitoring visit a meeting of the work group was organized on August 2, where amendments to the CMU Resolution No. 365 prepared by the Ministry of Social Policy, were discussed. Public members of the work group submitted comments after consultation with representatives of the Luhansk and Donetsk RMCA: https://goo.gl/22PXUG.
As we now know, despite numerous propositions on August 18, 2016 the Ministry of Social Policy of Ukraine sent a letter to the central ministries “On approval of the Cabinet of Ministers of Ukraine Resolution project regarding changes to the Parliament Resolutions No. 509 on 01.10.2014, No. 505 on 01.10.2014, No. 365 on 08.06.2016, No. 637 on 05.11.2014, No. 207 on 02.03.2016 without taking into consideration comments to the Parliament Resolution No. 365 proposed by the public organizations and representatives of the Donetsk and Luhansk RMCA” (https://goo.gl/WOh2l2).
The most significant and essential demands of the public have been:
- to restore all social benefits, including pensions to internally displaced persons (hereinafter – IDPs). The Ministry of Social Policy of Ukraine failed to restore social benefits, which have been suspended for IDPs since February, 2016, by the deadline agreed by the Parliament (the Minister was able to make sure of it during his monitoring visit to Kramatorsk). Instead of a fundamental change of the verification procedure and an order of the social benefits restoration for IDPs – the new project of the Resolution proposes to extend verifications for 2 months – to September 20, 2016, depriving people of livelihood for more than 7 months.
- to abolish “penalty” of internally displaced persons by depriving social benefits and pensions in the future. Despite principled position of all participants of the work group, who emphasized inadmissibility of deprivation of pensions and other social benefits for 2-6 months as a penalty for violation of the registration procedure by the IDP, the Ministry of Social Policy of Ukraine approved that discriminatory norm. It means that the State will deprive a person of its right to social protection guaranteed by the Constitution of Ukraine without any legal reason.
- to use additional data when awarding (suspending) payments. Existing procedures of awarding and restoring payments for IDPs provide for preliminary verification of IDPs’ places of residence. Public activists pointed out a need to include data on IDPs, who are officially employed, are getting education in educational institution or are hospitalized, what can help to make right decisions on allocating social welfare payments in case if a person is absent during verification for a good reason. A need to introduce those changes was also supported by representatives of the Donetsk and Luhansk RMCA because such changes can reduce the workload on social inspectors (there are very few), who realize the Resolution No. 365 on the ground. But that norm wasn’t included what means that IDPs, who were not at the place of respective registration for a good reason, will be deprived of social welfare payments.
Such ignoring of the work group’s position and specialists of regional departments of social protection by the Ministry of Social Policy of Ukraine is unacceptable and impede development of successful partnership, because the Ministry itself initiated creation and functioning of the work group, which has been working on essential amendments to the CMU act. Participation of the public in development of amendments to the Resolution No. 365 makes sense only if there is an interest in common positive outcome, but not when sessions of the work group only legitimize superficial changes to the Resolution No. 365 instead of essential amendments of norms, which violate IDPs’ rights.
Taking into consideration ignoring of propositions made by the public, departments of social protection of Donetsk and Luhansk regions and Social Protection of the Kyiv City State Administration, we ask you to consider abovementioned propositions on the CMU meeting, where amendments to the Resolution No.365 will be discussed. And also we ask that you meet representatives of public organizations protecting IDPs, as soon as possible.
Oleksandra Dvoretska, Charitable Foundation “Vostok-SOS”
Oleksandr Gorbatko, Public Organization “Donbas SOS”
Tamila Tasheva, Public organization “KrymSOS”
Oleksandr Galkin, Charitable Foundation “The Right to Protection”
Oksana Suhorukova, Charitable Foundation “Svoi”
