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Executive Summary

The May 2004 enlargement of the European Union (E.U.) to the border of Ukraine brought the country to the frontline of international migration. Though traditionally a country of migration, Ukraine’s location as a gateway between Europe and Asia, coupled with long, often un-demarcated borders and weak border enforcement capacity, make the Ukraine increasingly appealing as a transit country for people seeking to enter the E.U. clandestinely.

Ukraine is now confronted with pressure at both its eastern and western borders. Increasing numbers of migrants and asylum seekers attempt to reach E.U. territory from the east. At the same time, more and more migrants and failed asylum seekers are returned to Ukraine from Poland, Slovakia, and Hungary via bilateral returns agreements. Returns from the E.U. are set to increase once an E.U.-wide returns agreement is concluded.

Ukraine is already incapable of managing the migrants and asylum seekers on its territory. Migrants and asylum seekers are routinely detained in appalling conditions; subjected to violence, robbery, and extortion; denied legal assistance; and in some cases sent back to countries where they face persecution and torture. In the words of one detainee, if the police “feel like beating you, they’ll beat you. Whatever they feel like, they’ll do.”

Many detention facilities are severely overcrowded. Detainees are frequently deprived of appropriate bedding and clothing, access to exercise, fresh air, natural light, adequate food, and proper access to medical services. Those in detention lack basic rights including access to counsel, doctors, and interpreters, the right to apply for release, and the ability to let loved ones know where they are. Many of those interviewed by Human Rights Watch had no idea why they had been detained, or how long they were likely to be held. Detention time limits are not respected in many cases. A detainee interviewed by Human Rights Watch had not seen a lawyer or spoken to his family once during his eight-month detention.

Ukraine’s system for dealing with asylum seekers and refugees is barely functioning. Ukrainian officials frequently refuse to recognize a UNHCR-issued document attesting that the bearer has applied, or is in the process of applying, for asylum. Migrants and asylum seekers face a significant risk of arbitrary detention. Protection against return to persecution is inadequate, especially for Chechens.

The reasons for Ukraine’s poor record as a country of refuge are complex. Principal factors include: its lack of experience in managing migratory flows; an underdeveloped legal system; outdated institutional structures; limited financial resources to support refugees and asylum seekers; no tradition of asylum; and the lack of a human rights culture. Ukraine’s inadequately functioning asylum system means that it cannot be considered a safe country of asylum.

In addition, the long periods of detention, combined with severely substandard conditions and limited rights, raise serious concerns that detention conditions in Ukraine for migrants amount to cruel, inhuman or degrading treatment, in violation of numerous international human rights treaties to which Ukraine is party. As a consequence, Ukraine cannot be considered a safe country for the purpose of returning foreign-national migrants and failed asylum seekers.

Increased numbers of migrants and asylum seekers in the E.U. are subject to accelerated deportation to Ukraine under bilateral return agreements (known as “readmission agreements”). Human Rights Watch research indicates that these agreements are being used by E.U. governments as a tool to transfer migrants and asylum seekers out of E.U. territory in violation of fundamental rights.

The agreements are frequently applied without adequate procedural safeguards such as individual deportation determinations, access to information regarding legal rights, access to interpreters and lawyers, or the opportunity to appeal a deportation decision. Bilateral readmission agreements with Ukraine should be suspended until the country is capable of providing meaningful access to asylum, and until Ukraine significantly changes its law and practice on detaining asylum seekers and migrants, improves detention conditions, and allows those in detention to apply for release.

In light of the human rights violations taking place under current bilateral readmission agreements, Human Rights Watch is concerned that a similar agreement between the E.U. and Ukraine may be incompatible with international refugee and human rights law. In particular, there are doubts about whether the procedures under which returns from the E.U. to Ukraine are likely to take place contain sufficient safeguards. Any readmission agreement negotiated between the E.U. and Ukraine must include guarantees that persons subject to the agreement will not be returned to Ukraine in violation of their basic human rights or the right to seek asylum in the E.U. Such an agreement must take into consideration the resources and time needed to amend Ukrainian immigration and asylum legislation and procedures, and to upgrade its reception and detention conditions. The commencement of any such agreement should not take place until Ukraine is in full compliance with its international and regional human rights obligations. 

Because of Ukraine’s aspirations to join the E.U., and continuing pressure on Ukraine from the E.U. to assist in migration management and border enforcement, the government in Kyiv is likely to continue admitting in ever larger numbers persons sent back by E.U. member states. However, Kyiv’s acceptance of returnees will simply exacerbate its already poor treatment of migrants and asylum seekers. Positive encouragement and support from the European Union is a precondition for a significant improvement in Ukraine’s human rights and refugee protection capacity. Until Ukraine is able to respect its international human rights obligations it will be impossible for the country to meet the criteria for closer ties to the E.U.