order to reach this most vulnerable and discriminated population, the authorities should adjust
their existing policies and amend the legal framework. The ongoing reform of the public
administration is a perfect opportunity for such adjustments. Both court procedures and
awareness-raising and information campaigns targeting the Roma community would play a key
role in more effectively approaching the resolution of these problems.
Access to the court in cases related to birth registration
Free legal aid for Roma without access to personal documents
In 2011 Ukraine adopted the Law on Free Legal Aid94 which established a network of centres for
secondary legal aid (i.e. legal counselling and legal representation before a court) where citizens,
foreign nationals, stateless persons, refugees and persons in need of subsidiary protection may
apply for secondary legal aid. Individuals whose monthly income falls below the prescribed level
for social security are entitled to secondary legal aid provided by a Legal Aid Centre
(hereinafter: LAC). Additionally, persons living with disabilities and persons from the
temporarily occupied territories are entitled to this service without being required to prove their
monthly income.
For Roma without personal documents it is not always easy to access free legal aid. In some
cases they cannot obtain a personal tax number95 and cannot prove they have insufficient
income, while in other cases they cannot prove their identity to the LAC.
Roma without personal documents usually seek legal and other assistance through local Roma
mediators, Roma leaders and activists, or in some cases through NGOs providing legal aid.
Nevertheless, this assistance is not always sustainable and local NGOs struggle to meet all the
needs of the Roma communities they serve.
Project support is always provided to local NGOs for a limited period of time, usually on a
yearly basis, and some donors have not been able to continue their support for the provision of
free legal aid to Roma without personal documents. This means some of them lost their
representation halfway through their legal proceedings. For example, the NGO 10th of April
stated that after their project for the provision of free legal aid for access to personal documents
ended there were at least ten Roma left whose cases were still open.96 Similarly, for a number of
years the NGO Roma Human Rights Centre in Odesa provided legal and technical assistance for
Roma without personal documents in Odesa, from informing them about the importance of
personal documents to making field visits, providing transportation to administrative service
centres, providing legal assistance and reimbursing their administrative fees. This activity is now
not being funded, and in some cases activists from the Roma Human Rights Centre are
contributing their own money to provide Roma with assistance in obtaining their personal
94
Verkhovna Rada of Ukraine, Law of Ukraine on Free Legal Aid, Law No. 3460-VI, 2 June 2011,
<http://zakon2.rada.gov.ua/laws/show/3460-17/print1475564456082547>.
95
A tax number is obtained after an application is submitted to the tax authorities where applicants must provide
data about their internal passport.
96
Interview on 28 April 2017.
36