THE REALITY OF HUMANITARIAN ACCESS IN THE EASTERN UKRAINE CONFLICT - THE LIMBO PERSPECTIVE - November 2016
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Contents The Eastern Ukraine conflict: Introduction Part I: The reality of access to services for affected populations: Needs remain in a protracted conflict I. Humanitarian needs and uncertainty of access to services II. Livelihood challenges Part II: The blockages caused by political crisis: consequences for humanitarian aid and civilians I. Impact of bureaucratic, political and security decisions II. Direct blockages of humanitarian assistance and consequences Part III: The need for a change in perspective: A call for civilians to be protected I. Access to services and aid: for greater respect of International Humanitarian Law Conclusion: Recommendations to involved parties 2
The Eastern Ukraine conflict: Introduction The current conflict started in Eastern Ukraine in April 2014 in the Donbass region. As of November 2016, as a result of the conflict, 2,8 million civilians are displaced, 1,6 being registered internally and 1,2 million as refugees in neighboring countries. 1 The war is still raging today and has left an estimated 22,212 people wounded and 9,569 killed. 2 In the areas of Lugansk and Donetsk, more than 22 000 houses have been reported damaged or destroyed by the fighting. 3 This conflict has created a humanitarian crisis for an estimated 2 million civilians 4 in both the Controlled Governmental Area (CGA) and the Non-Governmental Controlled Areas (NGCA) the so-called Lugansk People s Republic (LPR) and Donetsk People s Republic (DPR). The conflict is heavily politicized, with high stakes both at local and international levels, with regional financial dynamics playing into the conflict dynamic. Despite regular negotiations between the parties, with support from the international community, it is difficult to imagine a political solution to the conflict in the future. Part of the affected civilian population still has not been granted full access to essential services and humanitarian aid. The Ukrainian government has implemented several measures that continue to negatively impact the civilian population s situation. Since July 2015, the de facto authorities of the so-called Lugansk People s Republic and Donetsk People s Republic have been regulating the international humanitarian community actors operating on their territory, partially closing humanitarian access in the Non-Governmental Controlled Area. As a result, serious gaps in the assistance to the population still need to be addressed. Low funding levels 5 for the humanitarian response in Ukraine, coupled with little visibility in the media, is now more than ever putting the affected population at risk. In this simmering conflict, it is a real possibility that an entire population may fall into limbo at the doorstep of both Europe and the Russian Federation. While the 2017 Humanitarian Needs Overview and the Humanitarian Response Plan will soon be released, this case study provides an overview of challenges to humanitarian access and humanitarian needs in Eastern Ukraine. Through analyzing political blockages, as well as providing evidence collected in the field from various sources, the report demonstrates that access to services for civilians remains a real challenge and that humanitarian actors are unable to provide full scale assistance to respond to the observed needs. Yet, legitimate political and operational solutions do exist, and decision makers must immediately explore how to implement them, fully respecting Humanitarian Principles and International Humanitarian Law. 800,000 people still live along the front line experiencing war every day 1 Sources UNHCR and IOM 2 Conservatives estimates reported by OHCHR based on available data, September 2016. 3 Inter-Agency Vulnerability Assessment Ukraine/Shelter Cluster, October 2016. 4 Humanitarian Needs Overview 2017 not available on the date of the report release. 5 HRP 2016 funded at 30%. FTS tracking System 3
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Part I: The reality of access to services for affected populations: Needs remain in a protracted conflict I. Humanitarian needs and uncertainty of access to services After two and half years of crisis, the humanitarian response has improved conditions for the 1.6 million internally displaced persons, but the situation remains of serious concern for an estimated 2 million of people 6 living in conflict affected areas, especially those living close to the front line and in the NGCA. In order to cope with the situation, gain access to services and livelihood opportunities, as well as to maintain family links, the affected populations risk their lives and cross the front line daily. Civilians face serious challenges while crossing the front line at entry/exit checkpoints, where shelling, heavy machine gun fire and the presence of mines or unexploded ordnance are reported in most locations. 7 Long queues are the norm, despite these extremely insecure conditions, due to an onerous and ill-adapted electronic authorization system to pass check points. More than six million movements have been registered since the beginning of 2016 8. Several villages along the front line remain isolated from adequate humanitarian assistance. In Lugansk oblast, there is no transport corridor, leading to difficult access for humanitarian agencies and security issues for the civilian population who are forced to cross a bridge on foot. Since all of the current main transport corridors pass through the oblast of Donetsk, the civilian population in Lugansk oblast sometimes must move through rivers, forests, and fields, which are at high risk of being contaminated by mines and explosive remnants of war 9. Government controlled areas In the Government Controlled Area, access to basic services such as healthcare, water, winter-specific non-food items, as well as to income generating activities, continues to be disrupted throughout much of the affected area. Services disruptions are particularly acute in the military area which serves as a buffer zone and along the front line where forces face off daily. Despite efforts from the humanitarian community to access all populations in need, assistance has reached approximately 79% of displaced households, and only 28% of the nondisplaced hosting communities 10. Access to water is particularly concerning, with one in ten households along the front line experiencing water shortages on a daily basis. The major concern of the inhabitants of Yekaterinovka village, at 200 meters of the contact line in Lugansk region, is the possibility of leaving the village in case of intense fighting. We used to live in a peaceful village. Our main activity was agriculture. We used to have land, but now it is mined. We have lost our source of income. We are trapped in our village. The only road out of the village is blocked by the soldiers. What should we do if the shelling happens? We simply will die here (ACF Focus group discussion August 2016) 6 Humanitarian Needs Overview 2017 not available on the date of the report release. 7 East SOS, Freedom of Movement report, August 2016. 8 Estimation based on datas provided by State Border Service since January 2016. 9 ACF field interviews, Lugansk Oblast, August 2016. 10 Ukraine Inter-Agency Vulnerability Assessment, October 2016. 5
On the front line, market access and humanitarian assistance remains a daily challenge. In Yekaterinovka village, ACF provide assistance for food and hygiene as well as mental health support. Valentina, beneficiary of ACF project, lives in Yekaterinovka village and has lost her job because of the war. Her 19 year old son is still studying. As she is a single mother without income, she cannot afford to buy enough food, to pay for medications and to cover the basic needs of the family. Many humanitarian organizations came to our place but only a few really supported us. I want to work and not receive humanitarian assistance. We all live in fear, the roads are blocked, and we are trapped. In case of bombing, the only option to leave our village would be through the road that is blocked by the check point. We have no car or means of transportation to go to the market outside of the village. We are growing some vegetables and fruits in order to have enough food". One third of the households face difficulties accessing quality essential health care in an environment where one in two people report having one or more family member suffering from a chronic illness 11. In addition, 50% of the population expresses the need for psychosocial support due to more than two years of conflict. 12 Depression, high levels of stress and anxiety, or increased consumption of alcohol and family violence are reported as consequences of the war. 13 Considering the upcoming harsh winter, the insulation of damaged houses in the buffer zone remains an urgent need. Food security experts estimate that one in ten households cannot count on adequate food provisions. More than half of the elderly population above 60 has had to reduce their food intake since the beginning of the conflict, leading to suspected cases of malnutrition. 14 Non-governmental controlled areas In the non-government controlled areas (NGCA) of the self-declared Lugansk People s Republic (LPR) and Donetsk People s Republic (DPR), the overall humanitarian situation is very fragile too, with a deteriorating economy adding further pressure in a context marked by severely restricted humanitarian access. More than 2 million of individuals have seen their freedom of movement restricted. Access to essential goods and services has been disrupted. Even if markets have partially recovered compared to 2015, inflation and unemployment remain critically high. In April 2016, 67% of elderly population over 60 was living on less than 2 USD per day. 15 The disruption of water supplies remains a significant and constant concern. Water shortages are regularly reported and have affected up to 1.2 million people, which last occurred in September 2016 16. Access to health is still precarious due to major gaps in medical staffing, quality medicines and consumables, and adequately maintained health facilities, a situation that becomes even more drastic considering that the population is largely composed of the elderly and people with disabilities, many of whom suffer from chronic diseases and severe illnesses. As we enter the 3 rd year of a crisis that shows no sign of abating, humanitarian needs are still high within the population living along the front line and in the NGCA, and access to services for the most vulnerable remains a critical issue. 11 Ukraine Inter-Agency Vulnerability Assessment, October 2016. 12 Ukraine Inter-Agency Vulnerability Assessment, October 2016. 13 Ibidem. 14 Help Age International, Humanitarian needs of older women and men in government controlled Lugansk Oblast Baseline Report, October 2016. 15 UNICEF/CDC/WHO Elderly Assessment in Government Controlled Areas of Donetsk and Luhansk oblasts and Non- Government controlled areas of Donetsk, April 2016. 16 Critical water situation affects 1.2 million people; Wash cluster Ukraine report, 28 09 2016. 6
II. Livelihood challenges People in Eastern Ukraine have lost their sources of livelihood as a result of the conflict, which has been further compounded by a weak economy. Prices for basic foods have increased dramatically due to the disruption of trade and a significant reduction in local production. High food prices and limited availability of inputs, fuel and credits take the biggest toll on the daily lives of the population. According to the World Food Program, the cost of food products was 56% higher in March 2016, compared to March 2014 17. Furthermore, many households are limited in their ability to engage in agricultural production as lands are mine polluted or occupied by militaries, as well as due to low income availability for investment. According to surveys from the Food and Agriculture Organization, the average income of households living in the Donbass region is at 65.4 USD. 18 Some 46% of households have incomes lower than the average national wage of 199 USD and are vulnerable from a monetary perspective. The gravity of food insecurity is especially dramatic in some villages along the front line, where military forces have partially occupied agricultural lands on both sides. Moreover, individuals in both rural and urban areas of the NGCA who were once employed in the industrial sector, coal-mining, metallurgy, and engineering industry, and another part in small businesses, are facing a dire economic situation following the collapse of these industries in the aftermath of the crisis and ongoing war. They now have limited access to employment; struggle to receive social benefits from government or de facto authorities, and encounter difficulties in registering for unemployment subsidies in the GCA. The average unemployment rate in the Donbass region is about 28%. Gender discrimination in recruitment and in salary level is common practice, further increasing the vulnerability of women heads of households. Since June 2015, the Ukrainian Government has prohibited the delivery of commercial cargo to the NGCA, including supplies of food and medicines. The restriction affects people living in the NGCA by increasing prices by 2 to 4 times more than in the government-controlled areas 19, reducing the availability of necessary and high-quality products. The ban also significantly harms the livelihoods of farmers living in the GCA as well: An increase of prices of agricultural inputs and services has soared by on average 86%, reducing the capacity of rural households to invest into subsistence crop production and maintenance of livestock, further impacting food security, the availability of food on the markets and the food prices. 20 Along the front line, hundreds of villages and towns whose residents used to supply urban markets with fresh vegetables, fruits and other products currently under NGCA control cannot re-orient their production towards markets in the GCA, mostly due to large distances, poor infrastructure, high costs, and the lack of market contacts. Therefore, individuals livelihoods are critically fragile, and the ability to cope remains out of reach for the most impacted populations, especially along the front line and in the NGCA, increasing the risk of long term vulnerability. 17 WFP World Food program, Market Update 9, February March 2016. 18 FAO (2016) Saving Livelihoods Saves Lives. 19 Ukraine Inter- Agency Vulnerability Assessment, October 2016. 20 People In Need, Briefing paper on Paper supporting the recovery of conflict affected livelihoods in the Donbass region of Ukraine May 2016. 7
Part II: Blockages caused by political crisis: Consequences on humanitarian aid and civilians I. Impact of bureaucratic, political and security decisions Political tensions, restrictive regulations, and security decisions are blocking humanitarian access in this conflict. Responsibility for these blockages falls upon each warring party, and not only affects civilians humanitarian situation but also the overall humanitarian response. Political decisions of the Ukrainian government have directly hindered social payments and pensions for internally displaced persons and people who still reside in the NGCA. Hundreds of thousands of people are still waiting to receive social benefits and pensions in Ukraine. The Ukrainian government has introduced temporary regulations made it difficult to obtain essential state-recognized civil documents or to follow up on medical files. As described above, restrictions and sanctions limit the movement of people and goods in Donetsk and Lugansk Oblast and have contributed to deteriorating livelihood and resilience capacities of communities on both sides of the front line. Lately, an amendment on draft law on the temporarily occupied territories of Ukraine (i.e. self-declared LPR and DPR) was submitted for consideration to the Ukrainian parliament. According to experts, although the law was meant to speed up the return of territories to Ukraine and to facilitate their reintegration, it is likely to worsen the situation and isolate the occupied territories. 21 implemented despite one and half years of discussions before its presentation to the Parliament in May 2016. Health humanitarian organizations continue to face constraints in procurement, storage, and delivery of medicines. Some aspects of humanitarian operations in the NGCA remain under legal risk per Ukrainian regulations of the Anti-Terrorist Operations. Krymskoye is a village isolated on the front line in Lugansk Oblast. ACF is providing multi-purpose cash assistance to its vulnerable population. A 56 year old man told us: I m afraid that the conflict will become frozen and we will stay in the same situation for a long time. We are like in a trap here. (ACF Focus group discussion, August 2016) Furthermore, bureaucratic impediments continue to hamper the effectiveness of humanitarian organizations work. Despite the efforts of the Ukrainian Government efforts to adopt the Law of Ukraine on humanitarian assistance in crisis situations aiming to ease the assistance, this has not yet been 21 The new law will contribute to the isolation of Donbas, Ukraine Crisis Media Center, 10 November 2016. 8
II. Direct blockages of humanitarian assistance and consequences In addition to a Ukrainian legislative framework that is ill-suited for an effective humanitarian response, de facto authorities of the Lugansk People s Republic and the Donetsk People s Republic have blocked most of the international humanitarian presence in their areas. Specific restrictions, which affect access for the majority of humanitarian actors, were imposed in July 2015, initially for security reasons. In reality, they have negatively affected access to services for civilians. Even though most of the impartial and neutral international organizations have offered to provide tailored assistance to affected civilians in the NGCA, they have been continuously refused access. Local organizations have also been impacted: The Office of the United Nations High Commissioner for Human Rights observed continued restrictions on civil society in the areas controlled by armed groups, limiting their ability to operate and deliver humanitarian aid. 22 Officially, only two INGOs, the International Committee of the Red Cross and some United Nations agencies with ad hoc authorizations, have been allowed to either deliver direct assistance to the populations or operate through implementing partners. The cooperation with international humanitarian actors accepted by de facto authorities is limited and it fails to meet all the needs of vulnerable civilians under control of de facto Authorities and even to provide a comprehensive analysis of the needs. Impartial and neutral local non-governmental organizations or community based organizations are limited in their capacities to respond and require external support to scale up the assistance they already provide to the population. despite advocacy efforts undertaken at the local, national and global levels for more than a year, there is still no coordinated and fully effective operational agreement regarding the humanitarian response in the NGCA. In addition, the lack of productive discussions on shrinking humanitarian space and operational aspects with involved parties, including at the Minsk Working Group on Humanitarian Issues, contributes to the relative low priority placed on humanitarian needs During the last Normandy format meeting in Berlin on October 19 th, the Presidents of Ukraine, France, Germany and the Russian Federation gave increased attention to some of the humanitarian issues for the first time; however the meeting did not address all the pressing humanitarian issues. The impact that these discussions will have on the humanitarian response remains to be seen. Thus, operational coordination has become increasingly sensitive and fragmented in the NGCA. Efforts have been made by the Humanitarian Country Team and NGOs to improve information on humanitarian needs and difficulties for humanitarian planning. Yet 22 OHCHR Report on the humanitarian situation in Ukraine, 16 may to 15 August 2016. 9
Part III: The need for a change in perspective: A call for civilians to be protected I. Access to services and aid: for a respect of the International Humanitarian Law 2017 will mark the third year of humanitarian crisis in Ukraine. It is necessary to begin new e interventions to aid recovery and development to help communities to build long term resilience. Progress on the political front seems unlikely in the foreseeable future. Negotiations within the Minsk framework have not shown major progress. Current tensions at the international level related to the conflict in Syria and the Middle East context are likely to continue to affect the way the Ukraine crisis is addressed. Despite these global tensions, as expressed during the Normandy format meeting of 19 th October held in Berlin, the political will to alleviate the burden on civilians must be a priority for all actors involved. Actions must follow negotiations and declarations. Under International Humanitarian Law, responsibilities fall upon both warring parties. Ukrainian central authorities are still obliged to meet those obligations with regard to their citizens who reside in NGCA even if to a limited extent: at least to abstain from those actions that can impede supplies of essential things like medicines, drinking water, food etc. 23 On another hand, de facto Authorities have the responsibility to protect the civilian population under their control. resume. Difficulties in the implementation of a fragmented humanitarian response plan are serious. In an invisible and underfunded humanitarian crisis like that of Ukraine, loss of interest by the international community is a constant concern. Increased apathy by the international community and donors is likely in 2017, leaving affected populations in limbo. Regardless of where they live, civilians must be protected and able to access essential services. Parties to the conflict must fully assume their duties regarding the situation of civilians. Humanitarian action must also be depoliticized and detached from military, political or economic pressure. The lives and wellbeing of conflict affected populations should not be hostages of the current political deadlock. By changing their vision of the crisis, with an increased focus on vulnerable people and human dignity, political leaders should allow civilians to access humanitarian aid and essential services. Efforts from the humanitarian community as well as the European Union and concerned States, at both the country level and global level, must be strengthened, focusing on humanitarian access and vigorously defending International Humanitarian Law, especially to improve living conditions for populations on the front line and in the NGCA. Joint initiatives and positions, based on the best interest of the population, should be prioritized and meaningful, genuine and effective negotiations for the resolution of the conflict should 23 ICRC legal advisor, NGCA Minsk arrangements, international and national frameworks, DRC workshop, Kyiv, 6 September 2016. 10
Conclusion: Recommendations to involved parties To all parties to the conflict and states supportive of the negotiation process: All parties to the conflict must ensure the protection of civilians under their control, in full compliance with international humanitarian law and international human rights law; All parties should seek to restore an effective dialogue on humanitarian issues in the interest of the civilian population, emphasizing the highest consideration for the most vulnerable. To parties of the Minsk Process and Normandy Format Representatives: Accelerate implementation of Minsk II Agreement regarding humanitarian assistance, namely: Provide safe access, delivery, storage and distribution of humanitarian aid to the needy, based on an international mechanism ; Increase consultation and involvement of the humanitarian community for the Minsk Working Group on Humanitarian Issues in order to allow an independent perspective, and to facilitate finding practical solutions for immediate improved assistance to the civilian population. To the Government of Ukraine: Provide an amendment to the Temporary Order of 21 January 2015 and adapt it to the needs of the most vulnerable groups, to guarantee freedom of movement and improve access to medical services, livelihood activities, and separated family members; Modify restrictions on trade with the non-government controlled areas to ensure respect of humanitarian principles and promote local resilience of civilian population; Ensure that all individuals wherever they reside receive the pensions and social benefits to which they are entitled, through the revision of relevant regulations; Continue to facilitate access to, and delivery of humanitarian assistance through adapted, workable, and flexible administrative and legal procedures, including through finalization and implementation of the Law on Humanitarian Aid in Crisis Situations. To the de facto authorities of the self-declared Lugansk People s Republic and Donetsk People s Republic: Recognize and uphold the right of civil society organizations and humanitarian actors to offer assistance and facilitate direct access to the civilian population in need in accordance with international humanitarian law; Allow increased cooperation between local organizations from the self-declared LPR and DPR and international humanitarian actors; Open at least one additional crossing point to facilitate civilian movements and the delivery of humanitarian aid across the contact line in Lugansk Oblast; Humanitarian relief personnel, and objects used for humanitarian relief operations, must be respected and protected in any and all circumstances. To the United Nations: Promote a stronger, more transparent operational coordination mechanism through the improved inclusion of all stakeholders involved in humanitarian assistance in all areas affected by the conflict; Strengthen advocacy efforts at national and global levels, on improving access to services, with effective inclusion of all concerned actors in presence. To the donor community: Donors must commit to sufficient and diverse funding, to impartial and neutral international and local NGOs in order to build the capacity of humanitarian actors to more effectively respond; Support the efforts of humanitarian actors joint negotiations and advocacy initiatives to improve humanitarian access in Non-Government Controlled Areas. To Civil Society Organizations & NGOs involved in the humanitarian response in affected areas: Uphold humanitarian principles in all activities meant to protect the civilian population; Continue to develop and strengthen a transparent, effective cooperation between international and national NGO Scale up resources and activities to advocate actively for the population to access humanitarian assistance without any discrimination. 11
Appendices List of sources and related reports Ukraine Inter-Agency Vulnerability Assessment, October 2016 Key Protection Concerns and UNHCR Recommendations, Ukraine, September 2016 OHCHR Report on the humanitarian situation in Ukraine, 16 may to 15 August 2016 People In Need, Briefing paper on supporting the recovery of conflict affected livelihoods in the Donbass region of Ukraine May 2016 UNICEF/CDC/WHO Elderly Assessment in Government Controlled Areas of Donetsk and Luhansk oblasts and Non-Government controlled areas of Donetsk, April 2016 Critical water situation affects 1.2 million people; Wash cluster Ukraine report, 28 09 2016 East SOS, Freedom of Movement report, August 2016 World Food program, Market Update 9, February March 2016 Access to humanitarian aid under conditions of armed conflict in the east of Ukraine, Ukrainian Helsinki Human Rights Union, 2016 Danish Refugee Council, NGCA: Minsk arrangements, International and national laws framework workshop report, Kyiv 6 th September 2016 Crisis Group Europe Briefing N 81, Ukraine: The Line, 18 July 2016 DRC Legal alert issue, September 2016 Help Age International, Humanitarian needs of older women and men in government controlled Lugansk Oblast Baseline Report, October 2016 ACF Focus group discussions, August 2016 Map of Donbass, Source: SSPE "Kartographia", OCHA, SSSU, November 2016 At the time of writing the present case study, the Humanitarian Needs Overview and Humanitarian Response Plan 2017 are not officially available. 12
List of acronyms ACF Action Contre la Faim DPR Donestk People s republic GCA Government Controlled Areas IHL International Humanitarian Law ICRC International Committee of the Red Cross LPR Lugansk People s Republic NGCA Non Government Controlled Areas NGO Non Governmental Organization OCHA Office for the Coordination of Humanitarian Affairs OHCHR Office of the United Nations High Commissioner for Human Rights 13
Action Contre la Faim program in Ukraine is funded by European Union The views expressed herein should not be taken, in any way, to reflect the official opinion of the European Union, and the European Commission is not responsible for any use that may be made of the information it contains. 14
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