Desyate Kvitnya (10th of April), Stanitsya Kharkiv (Station Kharkiv) and Right to Protection
(R2P).78 The Law on Court Fees79 does not provide those without personal documents or
stateless persons with the right to be exempted from paying the fee. Additionally, the procedures
for determination of the fact of birth could include a DNA analysis, which could cost up to 5,000
UAH (approximately 160 EUR).80 In some cases the UNHCR and other stakeholders provide
funding to cover this kind of cost, but the sustainability of this approach is questionable. Without
amendments to the existing legal framework, those without documents cannot be exempted from
paying court fees and other costs and must count solely on assistance provided through projects
supported by international governmental or non-governmental organizations.
Finally, in some cases, NGOs that are experienced in providing legal aid to Roma who lack
personal identification raised concerns about transportation and other costs for initiating
proceedings for obtaining internal passports or birth registration. For example, in the Odesa
region, there are only two locations where Roma without registered residences (propiska) are
allowed to submit applications to register their residence at the address of a homeless centre – the
City of Odesa, and the Odesa regional homeless centre.81 For some applicants, particularly those
living in isolated villages and tabors, this is clearly too far to travel to register in person and,
combined with Roma distrust and fear of the authorities, the burden of such travel prevents them
from exercising their human rights.
Lack of awareness-raising and outreach initiatives
The vast majority of officials and representatives of public authorities interviewed stated that a
lack of education and high illiteracy rates among Roma are some of the key aspects that prevent
Roma from exercising their right to access personal documents. While this may be true, it is also
very important to note that almost none of the authorities stated that they had conducted
awareness-raising or information campaigns for Roma without personal documents in which
they comprehensibly explain the importance of personal documents and the procedures for their
issuance. Existing good practices in Ukraine and other OSCE participating States prove the need
and positive impact of awareness-raising activities about the importance of birth registration,
obtaining identification documents, procedures and available assistance in this process.
Widespread poverty, residence in the remote and often segregated settlements are additional
factors contributing to the lack of personal documentation by Roma in Ukraine. Reaching out to
such communities can be one of the effective tools employed by the authorities to ensure access
to civil registration and identity documents. In Ukraine similar outreach activities are not
officially conducted. State representatives indicate that financial and human resources constraints
prevent them from engaging in this kind of work. It is also very important to note that in some
78
Interviews conducted on 28 March 2017 and 31 March 2017.
Verkhovna Rada of Ukraine, Law of Ukraine on Court Fees, Law No. 3674-VI, 8 July 2011,
<http://zakon3.rada.gov.ua/laws/show/3674-17/print1489007495067300>.
80
It remains unclear whether the applicant has to pay for this test. According to the information from the
representatives of the Ministry of Justice, the DNA test is free of charge. However, the NGO Stanitsya Kharkiv
stated that this test costs up to 5,000 UAH (approximately 160 EUR).
81
Interview conducted on 27 March 2017.
79
32