yet by the authorities to map the situation of Roma as regards their access to civil registration
documents, nor have concrete steps been taken to overcome the existing challenges in this
regard”.51
National Human Rights Strategy of Ukraine
The National Human Rights Strategy of Ukraine52 does not explicitly address the issue of Roma
access to personal documents. Rather, this strategy deals with the general human rights
framework in Ukraine, with the aim of ensuring the priority of human rights and freedoms in
state policy. However, the action plan53 for the implementation of this strategy explicitly
mentions awareness-raising to ensure birth registration of children, especially Roma children.
Additionally, the action plan reaffirms the importance of Roma integration and of measures for
the collection of clear, precise population statistics about Roma in Ukraine.
The National Human Rights Strategy prescribes key areas of concern, strategic goals, and
expected outcomes. Even though the document does not explicitly prescribe specific measures
and/or activities aimed at improving the position of Roma in regard to their access to personal
documents, its importance for the improvement of the existing legal framework governing access
to personal documents and related issues is beyond dispute. Also, the strategy prescribes
expected outcomes in the area of the right to a fair trial, which is very important to the judicial
response to the above-mentioned issues related to lack of birth registration or lack of personal
documents. In the section related to the right to a fair trial, the fact that the legal aid system is not
inclusive for all categories of population is noted as a key challenge. One expected outcome
prescribed in that regard is the provision of access to justice for everyone, with extended
possibilities for providing primary and secondary free legal aid54 in civil and administrative cases
and greater accessibility of free legal aid.55
III ACCESS TO PERSONAL DOCUMENTS FOR ROMA – OBSERVED CHALLENGES
Data on numbers of Roma without personal documents
The lack of dependable data on the number of Roma in Ukraine56 is reflected also in the area of
Roma access to personal documents. The scope of the problem that Roma experience in
accessing their personal documents (birth certificates, internal passports or residence permits) is
51
2015 Expert Seminar Report, op. cit., note 2.
President of Ukraine, “National Human Rights Strategy of Ukraine”, Decree No. 501/2015, 25 August 2015,
<http://zakon2.rada.gov.ua/laws/show/501/2015>.
53
Cabinet of Ministers of Ukraine, “Action Plan on Implementation of the National Human Rights Strategy in the
Period up to 2020”, Decree No. 1393-р, 23 November 2015,
<http://www.kmu.gov.ua/control/uk/cardnpd?docid=248740679>.
54
Primary legal aid includes oral or written consultations provided by the LAC. Secondary legal aid is provided in
more complex cases. It can include legal counselling, representation of applicants before courts and administrative
bodies, and the drafting of legal documents.
55
National Human Rights Strategy, op. cit, note 52, pp. 5–6.
56
See p. 15 of this report.
52
25