14 July 2014 — No Limit to Our Anger (c) V. M. Molotov
Preamble: The document below was published by LifeNews as a true copy of a letter prepared by the acting Ukrainian Minister of Defence, Colonel General Mikhail Koval, and addressed to the President of Ukraine, Pyotr Poroshenko. Unless I receive a specific request, and owing to dire lack of time to devote to this, I am not going to apply my experience as a refugee lawyer (dealing with refugees in Cairo, Egypt, as well as in Canada) fully elaborate on the enormous and obvious failings of the policy herein proposed vis-à-vis the international refugee law.
Suffice it to say, this newest pearl of the Ukrainian national-fascist, Nazi government flies directly in the face of the very foundations of the 1951 Refugee Convention and its 1967 Protocol, as well as the applicable customary international law. Instead, I may ask Barbara Harrell-Bond, the recipient of the Order of the British Empire and a world-renowned expert in the field (and my kind and dear mentor) to provide brief commentary on the subject, if she is so inclined. However, a few brief points would be useful at this stage:
- The most basic rule of refugee law is the prohibition on expulsion of refugees from safety into harm’s way. Once a refugee has crossed the boundary into safety (wherever that may be), he or she may not be compelled to return to danger (this prohibition applies also to those accused of international crimes, such as war crimes or crimes against humanity – even persons like this must be put to trial, not re-exposed to the very threat they fled from, while, in this case, there is not even such an accusation).
- The second basic rule of refugee law is the principle of preservation of families – family units ought not to be split, regardless of the circumstances and irrespective of what any of the family members has done or is alleged to have done (none of which is the case here). Families, and by this I mean: husbands, wives, children, relatives, the elderly, etc., must be permitted to remain together as they otherwise would have the opportunity to.
- The third basic rule of refugee law is that refugees are persons in need of protection, and not a convenient source of workforce to be utilized as slave labour, as soldiers, for instance, or to be forcibly interned and separated from others in institutions or establishments (however suitable they may appear to be to an ignorant, untrained eye). By law, refugees possess and must be furnished with a full set of mobility rights in their destination area and may not be corralled and segregated from the rest of the population. This is a fortiori the case when refugees are such in a country in which they already benefit from a full panoply of personal, political and social rights, such as the case with Ukrainian refugees in Ukraine.
There are, as I indicated above, other principles that would otherwise be enunciated in a more fulsome analysis of the subject matter. For now, I leave you to consider the following shining example of the rise of totalitarianism in Ukraine.
Translated from Russian Equivalent (provided by LifeNews) by Gleb Bazov
To the President of Ukraine, P.A. Poroshenko
Dear Pyotr Alekseevich!
Pursuant to your order, I am hereby providing proposals with respect to organizing our dealings with the refugees from the area where the Anti-Terrorist Operation [“ATO”] is being conducted. Accordingly, in order to meet the challenges, put before the Ukrainian Ministry of Defence, of mobilizing and rotating servicemen in the area of the ATO, as well as enhancing the effectiveness of filtration measures, I consider it necessary to introduce the following refugee categories:
Category “A” – women and children – to be assigned into the care of educational and training establishments (incl. boarding schools/orphanages)
Category “B” – invalids and pensioners – to be assigned into the care of medical and social institutions (incl. group homes for the relevant categories)
Category “C” – men aged between 18 (military recruitment age) and 65 (retirement age). This stream should further be split into two categories:
Group “C1” – aged between 18 (earliest military recruitment age) and 50 (end of military recruitment age); and,
Group “C2” – aged between 50 (end of military recruitment age) and 65 (those who have achieved retirement age).
Those in Group “C1” should be made subject to MANDATORY and full mobilization into the Ukrainian Armed Forces (or into other relevant units) for participation in the ATO, with a term of, for example, 2 months. If men who fall into the specified age category have health-related issues, but do not fall into the invalid category, they should be transferred into Group “C2”.
Those in Group “C2” should be made subject to MANDATORY mobilization into reserve units (or, for example, into units tasked with maintaining control over the territorites already cleared of terrorists in the court of the ATO) for a period of, for example, 1 month.
Those in Groups “C1” and “C2” ought to be granted refugee status and the appropriate social guarantees only following demobilization from the Ukrainian Armed Forces. With respect to persons avoiding mobilization, the Ukrainian Security Service (“SBU”) should exercise thorough filtering measures. In the presence of reasonable grounds, measures within the existing criminal legislation [should be] applied.
I believe that this type of approach would:
a) meet the challenge of [personnel] rotation in the units involved in the ATO;
b) reduce the wave of refugees, which otherwise would have to be provided with means of livelihood;
c) minimize the threat of internal conflict, in which the residents of the Central-Western, Northern and Southern regions would demands an answer to a fair question: “Why is it that men from their regions have to go defend the East of Ukraine, risking their health and their lives, while healthy men from the East run into the ranks of refugees?”;
d) minimize the possible abuse of refugee status among certain categories of the population;
e) allow us to understand the amount of pro-Ukrainian population in the East without resorting to sociological studies and surveys.
The position of the Ukrainian Ministry of Defence in this regard has been coordinated with the staff of the Prime Minister of Ukraine and the Ukrainian Security Service.
Colonel General M.V. Koval
The Acting Minister of Defence of Ukraine