On 8 June, a joint seminar was held by the Council of Europe Project "HELP (Human Rights Education for Legal Professionals) for Ukraine, including during wartime", European Commission and UNHCR for European lawyers on European asylum/migration legal practices to assist people fleeing the consequences of Russian aggression in Ukraine. The seminar was held on the invitation and in cooperation with the Slovak Bar Association.
Leyla Kayacik, Special Representative of the Secretary General on Migration and Refugees has highlighted that the legal professionals have played a significant role in assisting refugees from Ukraine. “I believe that supporting legal professionals to get better equipped in the face of various challenges is beneficial for all “, said the SRSG in her video address.
Eva Pastrana, Head of the Justice and Human Rights Training Division, Council of Europe presented the HELP Programme work in response to the Russian aggression against Ukraine and the main activities of the Project “HELP (Human Rights Education for Legal Professionals) for Ukraine including during wartime”. In March 2022, the HELP Programme launched the virtual Asylum/Migration HELP e-Desks, managed by HELP tutors and legal experts to support lawyers assisting refugees from Ukraine in EU neighboring countries, as well as for Moldova. The Asylum/Migration HELP e-Desks facilitate early access of legal professionals to information about effective handling of cases at national level related to refugees and displaced persons and mainly training (based also on the joint UNHCR & HELP online courses on Asylum related issues). Pastrana stressed that the HELP for Ukraine Project supports development of a new HELP course on International Humanitarian Law and Human Rights. The Project supports legal contextualisation and launches of HELP courses selected by Ukrainian partners and cooperates with Ukrainian justice training institutions, Bar Associations, law faculties at Ukrainian Universities, and other actors to promote the use of Council of Europe/HELP self-learning and tutored courses.
“A crisis, such as war, brings about a high level of legal uncertainty and widespread violations of rights. The lawyers are well equipped to weather the legislative storm, to provide legal aid, to defend victims and to solve what can be solved by ascertaining rights and obligations. I am sure that legal professionals are most competent for the task to protect the rule of law, fundamental rights and justice - to help achieve the true peace… Let me paraphrase a famous quote by saying that “true peace is not merely an absence of war, it is the presence of justice”, said Alexandra Čižmáriková, Vice-President Slovak Bar Association.
Bulent Peker, Senior Protection Officer, UNHCR Slovakia, highlighted the refugee character of temporary protection beneficiaries; refugee protection should be guaranteed regardless of the terminology and sensitivities around it. Refugees under TP will continue to risk being denied entry to the EU borders and return to displacement. He also highlighted increasing numbers of third country nationals, including those under the protection of Ukraine, and stateless persons, being denied entry to the EU when they are eligible for temporary protection. UNHCR observes that protection gaps such as access to accommodation and health care are motivating factors, and 11.5% of the population spontaneously going back to Ukraine are facing internal displacement. Critical gaps persist with regards to child protection, including with low school enrolment rates. UNHCR, working directly with refugee communities and refugee children, observes that children are practically out of education. Online education is not a solution and is not working for most refugee children. There is a crisis of child protection and education. Protection and Inclusion Sector in Slovakia has been unwaveringly advocating for school enrolment of children from Ukraine. With limited access of local authorities to available EU funding, there is no guarantee that this will happen in the next school year, risking children and their future.
Cecilia Verkleij, Deputy Head of Asylum Unit, DG for Migration and Home Affairs, European Commission, has informed that within the year 16 mln people from Ukraine crossed the border with EU member states, 11 mln people returned to Ukraine, 1 mln people moved to third countries and around 4 mln people stayed in EU member states. The European Commission is reflecting on a possible prolongation of the Temporary protection status until March 2025. At the same time, a unified approach at EU-level for a smooth transition to alternative legal statuses for the Ukrainian people after the end of the Temporary Protection Directive will be needed.
The experts have highlighted generally successful implementation of the EU Temporary Protection Directive and identified the key challenges in its implementation.
Delphine Leneutre, Legal Associate, UNHCR Representation to the European Institutions in Strasbourg has highlighted that if the war in Ukraine has led to horrible suffering, it also inspired acts of great solidarity and highlighted Europe’s capacity for an innovative and rights-based approach to international protection. She then presented the results of the research conducted by UNHCR in 26 countries implementing the Temporary Protection Direction. Namely, the UNHCR reports on “The implementation of the Temporary Protection Directive: six month on” and on “Displacement patterns, protection risks and needs of refugees from Ukraine” which clearly identify the following key findings: 1) interdependence of the rights guaranteed under the TPD; 2) practical, administrative and legal barriers to enjoyment of rights by refugees; 3) persons with specific needs faced increased obstacles in attempting to access their rights. 24% of respondents of the survey have temporarily returned to Ukraine since their arrival primarily for family visits, obtaining documents & checking on property. 7% faced challenges re-entering surrounding countries after temporary return. UNHCR has continuously advocated for the temporary protection status of refugees who return to Ukraine to be unaffected in the event of a visit lasting less than three months to avoid administrative hurdles and facilitate access to rights under temporary protection.
Ana Isabela Trifescu, Information Assistant of Information and Analysis Sector, European Union Agency for Asylum has focused on the interplay between asylum and temporary protection for Ukrainian citizens. EU member states have different approaches, as in some countries the decision-making process on international protection applications lodges by Ukrainian nationals remains suspended, other countries are still examining applications for international protection. In some countries the examination procedure was suspended for applications for international protection due to the uncertain situation in the country of origin based on Art. 31(4) APD.
Isabela Atanasiu, Policy Officer-Legal Officer, DG for Migration and Home Affairs, European Commission shared the recent information on protection of children rights and family rights, family reunification, parallel education of the children of Ukrainian refugees and special protection of the persons with specific needs. National case law related to examination of applications for international protection lodged by displaced Ukrainian nationals is available on the EUAA Case Law Database.
Katarina Lughofer, Justice, Digital and Migration Unit, European Union Agency for Fundamental Rights presented a survey Displaced people’s experiences in the EU carried out by European Union Agency for Fundamental Rights. According to the survey, 92% of children aged 12-15 who had been in education in Ukraine, were attending school in EU member states, while for those aged 16-17 it was 73%. The key obstacles for employment were language barriers and caring responsibilities.
The participants have also discussed the main challenges in providing legal assistance to Ukrainians displaced due to the war in the areas of protection of children's rights and family law, family reunification, parallel education of children, etc.
45 lawyers and attorneys specializing in migration law and dealing with the protection of the rights of Ukrainians with temporary protection status in EU countries participated in the seminar in Bratislava and more than 80 participants joined online.
The seminar in Bratislava was a follow up of the previous seminar on the European legal practices and procedures with a focus on the assistance to Ukrainian refugees on 27 September 2022 in Warsaw by the Council of Europe, European Union and the UNHCR, in cooperation with Warsaw bar Association.
Finally, the Council of Europe developed two new HELP courses in collaboration with the Office of the Special Representative of CoE Secretary General on Migration and Refugees:
- HELP course on the Transition of Migrant and Refugee Children to Adulthood
- HELP course on LGBTI Persons in the Asylum Procedure