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Hotline: 071-301-73-52 (Phoenix); 071-404-69-29*(Phoenix) ombudsman_dnr@mail.ru

 

The soul is reflected in the eyes.

The society is reflected in the language.

Jules Renard

 

On October 13, 2017, the law “On Amending Certain Laws of Ukraine on the Language of Audiovisual (Electronic) Mass Media” is coming into force in Ukraine. This document was signed by Petro Poroshenko on June 6, 2017. The law was published in the official newspaper of the Verkhovna Rada “Voice of Ukraine” on June 13. On March 16, 2017, the Verkhovna Rada of Ukraine voted to pass a bill on the introduction of language quotas for television broadcast. Subsequently, even the Hungarian community of Zakarpatie spoke out against this innovation introduced by Poroshenko administration. Members of the community collected 64,000 signatures under an appeal to the president with a request to abolish quotas. Six months ago, Hungarians asked not to enact a law on language quotas, which limits the rights of national minorities in Ukraine. Honorary President of the Union of Hungarians of Ukraine Mikhail Tovt said that such laws provoke a split in the country based on language, interethnic confrontation and antagonism.

According to the document, programs, films and news in the state language should account for at least 75% of the total broadcast time in each of the time periods between 7:00 and 18:00, and between 18:00 and 22:00 in the total weekly volume of broadcast time of television and radio organizations that provide broadcasting or multicasting (digital) using radio frequency resources. This refers to information and analysis and entertainment programs. Programs are considered Ukrainian, if the hosts speak the state language, so that guests can speak any language, but their speech must be accompanied with subtitles if they use foreign language.

Films and programs created before August 1, 1991, are not required to be translated, although must be accompanied with subtitles. However, if the film was originally shot in the times of the USSR in other language than Russian, it should be voiceovered or dubbed in Ukrainian.

10% of the total duration of all replicas in a foreign language is allowed in films, if accompanied with subtitles.

According to the law, the use of other languages without dubbing and voiceover in a program or film, performed in the state language, is allowed in the following cases:

– in the report from the scene, except for the speech of the reporters;

– in speeches, interviews, comments, explanations, questions of the guests of the program and in separate replicas of the hosts “in the volume depending on the creative vision of ​​the program”;

– in songs that are part of the program of a non-musical genre or film and are used in it only as a sound accompaniment;

– in music videos containing subtitles;

– in any works, speeches, performances, etc. in the languages ​​of indigenous peoples of Ukraine.

Local broadcast TV and radio companies must devote at least 60% of the air to programs in the Ukrainian language.

TV companies that broadcast in the languages ​​of the indigenous peoples of Ukraine in accordance with their license, regardless of the broadcast category, must provide a total weekly volume of broadcasting in the state language and the language of indigenous peoples in the amount of at least 75%, while at least 30% of them must be broadcasted on the state language.

Unlike in Ukraine, in the Donetsk People’s Republic bilingualism is guaranteed by legislation, any restriction of the right of ethnic minorities to use their native language in all spheres of public life is prohibited. Article 19 of the Constitution states that everyone has the right to use their own language, to freely choose the language of communication, upbringing, education and creative activities. Article 22 guarantees the freedom of the mass media and prohibits censorship. Article 37 regulates that equal conditions are created and guaranteed in the Donetsk People’s Republic for the preservation and development of the culture of all peoples.

The post of the Human Rights Ombudsman was established in the Donetsk People’s Republic to ensure the state protection of citizens’ rights and freedoms, to prevent any form of discrimination regarding the exercise of their rights and freedoms.

Citizens can apply to the Ombudsman in any suitable way. Now, the majority of applications are still verbal and submitted through personal reception either with the Ombudsman or the heads of the Office, addressing the Public Complaints and Appeals Department, via hotlines and via web-reception on the Website of the Ombudsman. There is a possibility to file a written complaint that may be submitted either in person or via e-mail. Since 2017 the Ombudsman received 4718 appeals. In the period of work between 7 and 13 October 2017, 19 persons have visited the Ombudsman in person, 33 claims were accepted by the Appeals department 27 calls were made via hotlines. 19 applications were received via e-mail, 13 written appeals were taken into consideration, 7 – have been reviewed among those received earlier, 18 persons have been given legal assistance.

All appeals received can be divided into four categories: violations in criminal law – 268 appeals, violations in civil law– 527 appeals, administrative and legal violations against the DPR citizens – 2 appeals, social and humanitarian issues – 3921 appeals (diagram 1).

 

 

The number of appeals (complaints, applications) from citizens,  submitted to the Office of DPR Ombudsman as of 13.10.2017

 

 

 

Violations in criminal law

Violations in civil law

Administrative and legal violations against citizens

Issues of social and humanitarian affairs

 

 

 

Among all incoming correspondence to the Ombudsman of DPR, the one which deals with the issues of exercise of social rights of citizens and violations of these rights is the most frequent.  These issues are: pension and social payments – 563 appeals, temporary accommodation – 469 appeals, the order of a complaint submission and paperwork in case of property destruction – 111 appeals, humanitarian assistance – 169 appeals, employment – 155 appeals, paperwork on travelling documents –11 appeals, search of the missing – 175 appeals, loss of IDs   – 315 appeals, housing issues – 211 appeals, temporary residence permit – 208 appeals, other social and humanitarian issues – 1534 appeals (diagram 2).

 

The number of appeals (complaints, applications) from citizens on social and humanitarian isses, received by the DPR Ombudsman`s Office as of 13.10.2017

 

 

 

 

Pension and social payments

Humanitarian assistance

Search of the missing soldiers

Housing issues

Temporary accommodation

Employment

Search of the missing civilians

Temporary residence permit

Paperwork in case of property destruction

Paperwork on travelling documents

Loss of IDs

Other social and humanitarian issues

 

 

The majority of complains are traditionally received from Donetsk, by territory (Diagram 3).

 

The number of appeals (complains, applications) from citizens, received by the DPR Ombudsman`s Office as of 21.04.2017

 

 

Donetsk

Yenakievo

Snezhnoye

Yasinovataya

Starobeshevo region

Gorlovka

Zhdanovka

Torez

Amvrosyevka region

Telmanovo region

Debaltsevo

Kirovskoye

Hartsysk

Maryinka region

Shakhtyorsk region

Dokuchaevsk

Makeyevka

Shakhtyorsk

Novoazovsk region

Other settlements

 

  1. Statistics and analysis of destroyed infrastructure objects

Targeted shelling by Ukrainian forces causes destruction of private property and infrastructure – this is the reality of the front-line regions of the Donetsk People’s Republic.

As of September 28, 2017 more than 11413 infrastructure objects were partly destroyed (damaged) as a result of hostilities.

More than 6845 objects have been destroyed in Donetsk, 268 units in Debaltsevo, 528 units in Gorlovka, 91 units in Dokuchayevsk, 312 units in Yenakievo, 91 units in Zhdanovka, 75 units in Kirovskoye, 1113 units in Makeyevka, 56 units in Snyezhnoye, 122 units in Torez, 750 units in Khartsysk, 75 units in Shakhtyorsk, 582 units in Yasinovataya, 278 units in Amvrosyevka region, 3 units in Volnovakha region, 24 units in Maryinka region, 17 units in Novoazovsk region, 57 units in Starobeshevo region, 93 units in Telmanovo region, 33 units in Shakhtyorsk region.

Destroyed objects by branches:

– 6247 houses;

– 770 power lines and points of distribution of electricity;

– 176 heating supply facilities;

– 52 water supply facilities;

– 2669 gas supply facilities;

– 14 wastewater and sewerage facilities;

– 102 healthcare facilities;

– 519 general educational institutions (schools, kindergartens);

– 59 vocational and technical educational institutions;

– 62 higher educational institutions;

– 26 physical and sport education institutions;

– 55 cultural institutions;

– 241 road and transport infrastructure objects;

– 63 industrial objects;

– 89 trade objects;

– 269 objects in other spheres.

 

According to the official data as of 28 September 2017 there are 2836 objects of governmental and communal ownership damaged, 642 – rebuilt and 2194 – are to be rebuilt.

 

  1. Estimates of mortality, wounds to civilians and soldiers as a result of hostilities in the territory of the Donetsk People`s Republic.

 This week, the number of injuries to citizens due to their carelessness exceeded the number of injuries sustained as a result of hostilities. Unfortunately, the echo of war in the form of unexploded ordnance is not the only thing that makes itself felt. Sometimes curiosity drowns out the instinct of self-preservation and people suffer due to their own carelessness.

Almost every day the DPR Ombudsman’s Office records cases of violations of Donbass citizens’ rights by Kiev authorities: right to life, to security of the person, to inviolability of the home.

On October 7, a DPR serviceman born in 1995 sustained shrapnel perforating wound.

On October 9, in Enakievo, a civilian woman born in 1965 sustained multiple shrapnel wounds to the face, right eye, chest, anterior abdominal wall, right thigh as a result of an explosion of an unknown device when she was harvesting in the garden.

On October 10, in Dokuchaevsk, as a result of careless handling of the grenade a child born in 2001sustained multiple shrapnel wounds of shins, a concussion, shrapnel wound to the left ear. The child is in moderately grave condition.

On October 11 in Kievskiy district of Donetsk as a result of careless handling of a grenade, a civilian man born in 1976 sustained large-sized lacerated wounds of the left hand.

Within the period between 6 and 12 October, 2017, 4 persons sustained injuries in the territory of the DPR as a result of constant shelling from Ukraine. Among them, there were 1 DPR serviceman, 1 civilian man, 1 civilian woman and a child of 16 years old. 

Within the period between January 1 and October 12, 2017, 514 persons sustained injuries of various severities in the territory of the DPR. Among them, there were 305 DPR servicemen and 209 civilians, including 12 children under 18.

Within the period between 6 and 12 October, 2017, 2 DPR servicemen and 1 civilian man died in the territory of the DPR as a result of shelling.

Within the period between January 1 and October 12, 2017, 235 persons, including 207 servicemen and 28 civilians died in the Donetsk People’s Republic, including an underage child.

To be specific, since the beginning of the armed conflict   4524 persons died. Among them, there were 605 women and 3919 men, including 75 children under eighteen.

Officially confirmed information on individuals, who have been wounded since the beginning of the conflict continues to be reported to the Ombudsman’s Office in DPR. The information is being processed at the moment and it will be included into general statistics of the injured individuals.

 

  1. Register of the prisoners of war, missing soldiers

and civilians

Negotiations on the return of POWs is a very important part of the peaceful settlement of any military action. The Donetsk People’s Republic struggles to resolve the conflict peacefully, therefore it makes every effort to return our citizens home from Ukrainian captivity as soon as possible.

According to Paragraph 6 of the Package of Measures for the Implementation of Minsk Agreements, the release of the detained persons and the exchange must be based on “all for all” principle. The release of persons illegally detained by the Ukrainian side is the priority task of the Human Rights Ombudsman in the Donetsk People’s Republic and her Office. Apart from processing exchange lists and communicating with prisoners and their relatives, the staffs also interact with international human rights organizations and their representatives.

This week no appeals on arrest were received by the Ombudsman’s Office in the Donetsk People’s Republic.

Based on the updated figures as of 06.10.2017, 464 persons are kept by the Ukrainian side including:

255 of those whose presence on the territory of Ukraine had been confirmed. It was found that 2 persons had been released earlier and there is no need to exchange them. One person was acquitted, and another person was released as he have served his sentence. Official information was received from relatives of a person whose prison sentence is going to expire soon, so there is no need to exchange this person. Thus 5 persons were excluded from the exchange list.

209 persons whose whereabouts are unknown or are being clarified by the Ukrainian side.

This week one appeal on missing person was received by the Ombudsman’s Office in the Donetsk People’s Republic. In December 2016 a civilian man born in 1991 headed to Slaviansk and lost communication with his relatives.

As of 06 October 2017, 514 persons are considered missing. Hypothetically, they might be in Ukrainian captivity.

 

  1. Register of forcibly displaced persons.

The decision of Ukrainian authorities to hold the so-called “antiterrorist operation” in Donbass claimed the lives of thousands of civilians, broke thousands of destinies, and deprived of social benefits people, whom they allegedly were to protect. Now they lost their home, job, friends and habitual life, obtaining the status of “IDPs”. Fleeing from artillery shelling that destroyed cities, people left their homes, taking with them only necessary things, hoping to return home soon. Unfortunately, they still cannot, because hostilities go on. People have nothing to do but adapt to new conditions.

In Ukraine, displaced persons can only count on themselves. Given the unrealistic prices for real estate and rental housing, some IDPs decided to live in dormitories. However, even there, far from military operations, they cannot feel safe. There are cases when, for some unknown reason, administration of a dormitory pressures IDPs, forcing them to leave the building. They even resort to such methods as power, water and heating outage, despite the fact that families with children, disabled people and pensioners live in the building.

There are no legal grounds to move out people from dormitories, so it is illegal.

To be noted, the Ukrainian government regularly receives monetary assistance from governments of the US and the EU to help them solve the problems of displaced persons, to carry out reforms aimed at improving the situation in the country. Given the real amount of assistance from the state, such funds are spent not for designated purpose.

Temporary Accommodation Centres (TACs) have been opened in the Donetsk People’s Republic. Any person can receive temporary accommodation there if they need it. 1186 IDPs now live in temporary accommodation of the Office, including 234 underage children. Since the beginning of the conflict 5217 referrals for temporary accommodation have been issued, 323 of them – in 2017. All the TACs are under the DPR Ombudsman’s inspection. The staffs of the Office monitor the TACs on a weekly basis, with the view to respond promptly to the citizens’ needs. The Ombudsman makes every effort to improve social and living conditions for people who live in the TACs.

During the period of work between 7 and 13 October, 2017, 30 persons have applied to the Ombudsman’s Office on the issues related to internally displaced persons, one of them was accommodated in the TACs of the Ombudsman`s Office in Donetsk.

There are currently 1362 housing spots available for IDPs. Among them: 1362 – in DPR Temporary Accommodation Centres (including TACs of Ombudsman`s Office); 482 – in TACs of the Ombudsman`s Office.

It is necessary to remind that there are 7798 persons, including 2016 children under the age of eighteen registered since the beginning of the conflict. 64 temporary settlements have been established within the territory of DPR, 56 of them operate today, 8 of them are held in reserve.

Currently, 2808 individuals live in the centres, including 548 underage children, 4990 persons live in the housing fund of DPR, including 1468 children under eighteen.

 

  1. Employment of DPR citizens

Republican Employment Centre is the main institution responsible for providing jobs to the population. The leaders of Republican Employment Centre told about opportunities provided by the Centre, including:

  • Information and counseling services, including vocational guidance (individual and group consultations, seminars for job seekers, hot line for Donbass residents);
  • Assistance in choosing suitable job from the vacancy database for job-seekers, including disabled persons, to quota workplaces established for them;
  • Organization of temporary employment;
  • Organization of vocational training for job seekers who need training, retraining or further training;
  • Organization of training seminars for people who want to obtain additional skills on the basis of the Donetsk Vocational Education Centre.

Within the framework of labor-related law, employment centres of the Republic registered 15 thousand labor contracts concluded between legal entities and individual entrepreneurs with employees for the first nine months of 2017. There are currently 31 thousand contracts in force.

According to their data, 34.3 thousands of vacancies were available in the common database as of 11.10.2017. As of October 11, 2017, there were 44.2 thousand individuals who seek for job, registered in the Republic Employment Centers. Among them: 35.9 thousand have been employed (19.3 of them – on permanent positions, 16.6 – temporarily).

Donetsk Centre of Vocational Education of The Republic Employment Centre organises regular free public workshops to train practical skills, such as work with personal computers; technique and mechanization of trade accounts (work with cash register machines); the program “1C: Accounting 8.2.”; fundamentals of entrepreneurship; processing and decoration of textile and clothing products etc. Since the beginning of 2017, 333 persons participated in those workshops.