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VI. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

6.8. PROTECTION OF THE RIGHTS OF THE CHORNOBYL DISASTER VICTIMS

Article 16 of the Ukrainian Constitution names the Chornobyl disaster ‘the catastrophe of a global scale’ and considers preservation of the gene fund of Ukrainian people as the state obligation. Explosion and destruction of Chornobyl Power Plant reactor, led to the emission of a huge amount of radionuclides into the environment, which resulted in the contamination of 53,400 square kilometers of Ukrainian territory. Over 2.3 million people resided at 2, 293 settlements of this zone. Total over 3 million Ukrainians suffered from the disaster consequences.

An increased radiation background is being observed on one third of the Ukrainian territory. Cesium contamination covers 7% of the territory, including 15% of forests and 5% of agricultural lands. Due to the high level of contamination comprising 15 Ki/km² around 180,000 hectares of arable land and 157 hectares of forests have been withdrawn from active use. Contamination of the territories and related withdrawal of natural resources, production facilities and infrastructure from active use had significantly influenced the social and economic development of Kyiv, Chernihiv, Zhytomyr, Rivne, Volyn and some other oblasts. Disaster consequences continue to affect environment even today. Monitoring information is an evidence of the accumulation of radionuclides in wood, mushrooms, berries, curable herbs, meat and forage.

During the years since Chornobyl disaster the area of alienation zone increased due to the addition of the territory of unconditional (obligatory) resettlement (local residents have been completely resettled) and today is over 2,600 km².

According to the constitutional requirement to preserve the gene fund of Ukrainian people and taking into account the comprehensive analysis of Chornobyl disaster consequences, Ukraine made a historic decision to close ChNPP and is consistently implementing it.

Protection of rights of those who suffered from Chornobyl disaster and its consequences is regulated by the Law On the Status and Social Protection of Citizens who Suffered from the Chornobyl Disaster of 1991, and by other acts. This Law determines the main principles of realization of the constitutional rights of the citizens who suffered from the accident, of the protection of their life and health and creates a uniform order to determine the categories of the territories contaminated with radionuclides, the living and labor conditions there, social protection of the affected population. The Law provisions are also aimed at the protection of citizens affected by the consequences of Chornobyl disaster and at the solution of medical and social problems that arose due to the radioactive contamination of the territory.

Commissioner on human rights emphasizes, that the legislative level of the governmental policy on social protection of people affected by Chornobyl disaster and creation of living and labor conditions on the contaminated territories is based on the principles of priority of rights of these individuals and, in the first place, on the preservation of life and health of people affected by Chornobyl disaster, on the complete responsibility of the state for the creation of safe and harmless conditions for labor, comprehensive solution of the health care tasks, social policy and use of the contaminated territories on the basis of national programs on these issues with the consideration of other directions of economic and social policy, achievements in the sphere of science and environmental protection.

In order to solve the declared tasks it is planned to implement the economic methods to improve the living standards through the policy of privileged taxation of individuals who suffered from Chornobyl disaster, and of their associations; through the implementation of activities for the professional re-orientation and improvement of skills of the affected people. Coordination of the activities of the governmental bodies, institutions, organizations and public associations that solve various problems of social protection of the affected people, as well as coordination and joint consultations of the governmental bodies and the affected people, of all social groups during the process of making decisions on social protection on the local and national levels, as well as international cooperation in the spheres of the protection of health, social and labor protection, use of international experience in the organization of work in this area will be of great importance.

According to Article 14 of the Law On the Status and Social Protection of Citizens who Suffered from the Chornobyl Disaster the categories of those affected are determined. Category 1 includes disabled people from the participants of liquidation of consequences of disaster at Chornobyl Nuclear Power Plant and people affected by the disaster and sick with radiation sickness due to this catastrophe. Category 2 includes liquidators of consequences of disaster at ChNPP who had been working in the alienation zone since the moment of the accident till July 1986 -- regardless of the number of working days; from July 1, 1986 till December 31, 1986 – for at least 5 days; in 1987 – for at least 14 days; and people affected by Chornobyl disaster evacuated from the alienation zone in 1986, as well as people who permanently resided in the zone of unconditional (mandatory) resettlement since the moment of accident till the adoption of resolution about the resettlement.

Category 3 includes participants of the liquidation of consequences of disaster at ChNPP who had been working in the alienation zone from July 1, 1986 till December 31, 1986 for 1 to 5 days; in the alienation zone in 1987 – for 1 to 14 days; in the alienation zone in 1988-90 – for at least 30 days; at the points for sanitization of individuals and deactivation of machinery, or at their construction – for at least 14 days in 1986; as well as those affected by Chornobyl disaster who are not included in Category 2 due to some reasons.

Individuals who permanently reside, permanently work or permanently study at the territory of the zone of intensified radiological and ecological control, on the condition that by January 1, 1993 they had lived or worked, or permanently studied in this zone for at least four years, are listed in Category 4.

Determination of the categories of individuals affected by Chornobyl disaster gives grounds to provide them with relevant benefits and compensations.

Besides, individuals who participated in the liquidation of other nuclear accidents and tests, in military exercises with the use of nuclear arms are included in the corresponding categories, and the order of their determination is established by the Cabinet of Ministers of Ukraine.

Distribution of the individuals affected by Chornobyl disaster is qualified in the following manner (Fig. 6.4). The total number of people affected by this disaster in Ukraine was 3,361,870 people by January 1, 2000.

It should be noted, that Ukraine experiences a trend for the growth of the amount of people included in Category 1, or disabled people, whose sickness is related to Chornobyl disaster. If in 1991 their number was around 2,000 people, then today it is already 86,800; the budget costs to support their benefits grow correspondingly. For instance, average costs of treatment per one disabled individual whose sickness is related to Chornobyl disaster amount to UAH 8,000 per year, while per one disabled person sick with a general disease is UAH 500-600.

Fig. 6.4. Number of individuals having the status of those affected by Chornobyl disaster

Analysis of appeals to the Commissioner for Human Rights demonstrates that, unfortunately, a large part of them is related to the determination of status of individuals who participated in the liquidation of the consequences of the accident at ChNPP, though Article 11 of the Law regulates the determination of such individuals. In their appeals to the Commissioner people complain that every consequent examination of the legitimacy of determination or renovation of the status of liquidator of the accident at ChNPP is made with the violation of the requirements of the Ukrainian Constitution, applicable legislation and other regulatory documents. These citizens have to appeal to the courts with the claims about an illegal deprivation of their Chornobyl status. However, in many cases the executive bodies neglect the requirements of Article 124 of the Constitution about obligatory fulfillment of the court decisions on all territory of Ukraine and of Article 14 of the Law On the Status and Social Protection of Citizens who Suffered from the Chornobyl Disaster. So, in the collective appeal of 52 medical specialists from IvanoFrankivsk oblast they informed that the decision of Ivano-Frankivsk court about the determination of such status by the Commission of the Ministry of ChNPP of Ukraine on disputable issues about the determination of the status of individuals who participated in the liquidation of accident at ChNPP. On the basis of this fact, Commissioner for Human Rights forwarded a petition to the Ministry of Emergencies and Protection of the Population from the Consequences of Chornobyl disaster with the substantiation of the need to restore the constitutional rights of the applicants. Having reviewed the petition of the Commissioner, the commission made a positive decision. On the basis of the Commissioner’s petitions, the status of Chornobyl disaster liquidators was restored for the individuals in Kyiv City, Kyiv oblast, Poltava, Chernihiv, Ternopil, Odessa and some other oblasts. Examples of a positive response to the Commissioner’s petitions about the restoration of the status of Chornobyl disaster liquidators were listed in Section III of the Report.

However, the restoration of Chornobyl people rights is not solved positively in all cases. For instance, M.Kuznetsov and V. Karpenko turned to the Commissioner and informed that after a routine examination they had been deprived of the status of participants in liquidation of consequences of ChNPP disaster. The fact of participation of these individuals in liquidation of the disaster consequences were confirmed by the court decision. Despite this, the Commission on disputable issues related to the determination of the status of individuals who participated in the liquidation, refused them on the grounds that the issuance of liquidator certificates to V.Karpenko and M. Kuznetsov was not confirmed by the fact of their work in the alienation zone. The same petition was sent to the Commissioner by 18 drivers of Kremenchuk Communal Truck Transportation Company 1628. The fact of participation of each of them in the liquidation of the consequences of Chornobyl disaster was confirmed by the court decision. However, the Commission on disputable issues ignored the court decision and, in violation of the law, refused to restore the status to the claimants due to “… the absence of primary documents”. The same happened to O. Fedorchenko. The Commissioner continues to send petitions on the issue of violation of the rights of the mentioned Chornobyl liquidators.

Another example. Y. Avdienko took part in the liquidation of the disaster consequences in Chornobyl from April 29 till April 30, 1986. He has all documents confirming his stay there. However, the Commission on disputable issues at the Ministry of Emergencies of Ukraine (protocol No. 293 as of 19 November, 1998) made a decision that the liquidator certificate was issued to the claimant without grounds, explaining it by the fact that Y. Avdienko worked there before the decision about evacuation from Chornobyl city and recognition that this zone should be the alienation zone. Following the bureaucratic logic, one can make a conclusion that the accident at ChNPP happened not on April 26, 1986, but on May 4, 1986 when Chornobyl was included in the alienation zone. However, the period from April 26 till May 4, 1986 was the most dangerous at ChNPP. The Commission refused to restore the liquidator’s status to V. Serdiuk from Chernihiv and some others on the same grounds.

According to the Commissioner for Human Rights, the Commission on disputable issues of the Ministry of Emergency often to not adhere to the requirements of Article 14 of the Law “On status and social protection of citizens affected by Chornobyl disaster”. Respective oblast and Kyiv city state administrations and their sectoral departments on Chornobyl issues do not study the reasons of claims thoroughly, and, which is most important, they do not implement necessary activities to timely and lawfully solve these issues.

The Commissioner also paid attention to the appeal of the soldiers of 731 separate battalion of special protection that was mobilized on April 29, 1986 to liquidate the accident at ChNPP from reserve of Kyiv and Kyiv oblast. They directly participated in the localization of the ChNPP disaster, loaded the helicopters with a special mixture that was then dropped onto the destroyed reactor of the 4-th power block; they made chemical reconnaissance at the radioactively contaminated territory in the third zone of danger and deactivated settlements; they pumped out from beneath the destroyed reactor, removed soil with radioactive graphite on ChNPP territory. During a personal meeting with the Commissioner they asked to turn to the Cabinet of Ministers of Ukraine with a request to give them the status of “persons who provided special services to the Motherland”. Their appeal made grounds to initiate proceedings on the violation of human rights. Understanding a special complexity and importance of this issue, the Commissioner studied it thoroughly and turned with the petition to President Leonid Kuchma to regulate this problem. Thanks to the implemented activities, 17 of 21 items of the joint resolution of a meeting headed by V. Loginov, first deputy of the Minister of Emergencies and on the Protection of the Population from the Consequences of Chornobyl Disaster, and former soldiers of 731 separate battalion of special protection. However, part of the issues have not yet been resolved, and that is why the proceedings on these issue continue.

Social protection of Chornobyl victims is the state priority in the overcoming of Chornobyl disaster consequences. Thanks to the activities, carried out by the state, the state funding of Chornobyl programs has recently been improved to some extent. If in 1998 the programs were financed by 55%, then in 1999 – by 88%. This also relates to the compensation of costs of social protection of the individuals affected by ChNPP accident. Last year it grew by 7.8% in comparison to 1998. By January 1, 2000, the social protection of this category of individuals had been financed in the amount of UAH 1,208 million at the annual plans of UAH 1,310.1 million, which is 92.2% of the needed funds. The proportion of costs of social protection of Chornobyl victims in the total amount of costs of liquidation of Chornobyl disaster consequences is 77.5%. The 2000 State Budget planned UAH 1,574.2 million for the social protection of this category of people, which is by 40.7% more than in 1999 (see Fig. 6.5).

Fig. 6.5. Funding of costs of social protection of the population (in million. UAH)

· Planned by the state budget

· Actually financed

Understanding the importance of observance of human rights of Chornobyl victims in Ukraine, the Commissioner for Human Rights pays a special attention to it. At the same time, the numerous appeals to the Commissioner testify to the fact that the problem of protection of human rights of these people still remains acute. Thus, the Commissioner initiated 42 proceedings about the violation of rights of Chornobyl victims on their appeals (12 cases in 1998 and 30 cases in 1999).

First of all, it should be mentioned that the budget does not have sufficient funds to maintain the rights of Chornobyl victims to a full extent. Besides, in some regions compensations, subsidies and other benefits envisaged by law are not paid in time and somewhere with long delays. That is why the Commissioner receives tens of appeals from citizens with regards to arrears. This, for instance, was the reason for appeal from mothers having many children form Polovlia village of Volodymyretsky raion of Rivne oblast, namely: T. Prisiazhniuk, mother of 11 children, and N. Datska, mother of 5 children who do not receive financial assistance. This made the Commissioner initiate proceedings about the violation of human rights and freedoms, and take actions to restore the rights of affected people.

One of the components of Chornobyl victims’ rights envisaged by Article 32 of the Law On the Status and Social Protection of Citizens who Suffered from the Chornobyl Disaster is resettlement from contaminated territories. During the 1986-1990 period 90,784 individuals were evacuated from Chornobyl zone, and another 71,519 people resettled centrally or individually in 1990-2000.

13,131 families were resettled from the zone of voluntary guaranteed resettlement during 1990-1999 (according to Article 2, this is the territory with the level of contamination exceeding the pre-accident levels: with cesium isotopes – by 5.0-15.0 Ki/km², or strontium – by 0.15-3.0 Ki/km², or plutonium – by 0.01-0.1 Ki/km², where the calculated effective radiation equivalent doze for a man with the consideration of migration of radionuclides into plants and of other factors can exceed 1.0 m3b (0.1 rem) during a year in an excess of a doze received by a person in a pre-accident period); and from the zone of intensive radio-ecological control (respectively, this is the territory with the level of contamination exceeding the pre-accident levels: with cesium isotopes – by 1.0-5.0 Ki/km², or strontium – by 0.02-0.15 Ki/km², or plutonium – by 0.005-0.01 Ki/km², on the condition that the calculated effective radiation equivalent doze for a man with the consideration of migration of radionuclides into plants and of other factors exceeds 0.5 m3b (0.05 rem) during a year in an excess of a doze received by a person in a pre-accident period)

Total 27,649 families have been resettled since the moment of a decision about resettlement of people from the territories contaminated due to Chornobyl disaster, and made the state allocate significant funds.

At the same time, the Commissioner has to state that the problem of settling down of the affected people is still relevant because almost 2,235 families continue living on the contaminated territories; 1,662 of them want to resettle but do not have an opportunity. 375 families still remain in the alienation zone. At the same time, it should be noted that part of people does not want to resettle from the 2nd zone at all, for instance, from seven settlements of Zhytomyr oblast and two settlements of Volyn oblast. 517 families do not want to resettle from the zone of obligatory resettlement of Rivne oblast. In 1999 it was planned to allocate UAH 50,933,000 for the individual resettlement of people from radioactively contaminated territories and for the construction of housing for the affected of Category 1; but this amount is only 3.42% of the needed funds. Actually, UAH 33,050,000 was allocated; this was enough to provide housing to only 810 families of the above category.

Item 10 of Article 20 of the Law On the Status and Social Protection of Citizens who Suffered from the Chornobyl Disaster envisages the improvement of living conditions for the people who became disabled due to Chornobyl disaster. By January 1, 2000, among 25,043 families of Chornobyl victims registered for the provision of housing, 9,104 families were those of disabled. It should be mentioned that during 1993-1999 the housing was provided to 5,129 families of disabled Chornobyl victims; particularly, in 1998 – to 525 families, and in 1999 – to 839 families.

However, Chornobyl disabled still turn to the Commissioner with the requests to protect their rights for housing. For instance, Y. Melnik, a disabled person, participant of the liquidation of consequences of ChNPP accident, who lived with the family of five persons, four of whom are disabled, in Brovary, Kyiv oblast, has an especially complicated housing situation. On the basis of his appeal about the violation of the right to housing, the Commissioner initiated proceedings on the violation of human rights under which a letter was sent to the Kyiv oblast state administration. Having reviewed this letter under the assignment of the oblast state administration, Brovary city rada made a decision to provide the claimant and his wife with a two-room apartment, leaving the old apartment to other three members of the family. Thus, all five of them were provided with housing in accordance with the current Ukrainian legislation.

A similar positive decision after the appeal of the Commissioner for Human Rights was made in favor of a Category 2 participant in liquidation of consequences of ChNPP accident I. Supruniuk from V. Telkovychi village of Volodymyretski raion of Rivne oblast whose living conditions, according to the information of V. Loginov, first deputy Minister of Emergencies and Protection of the Population from the Consequences of Chornobyl Disaster, had been improved – he was provided by a two-room apartment without the removal of his family from the housing registration list. Still, not all appeals have been solved positively, and that is why the problem of housing for Chornobyl disabled individuals remains on the agenda.

The Commissioner thinks that one of the most important tasks of social protection of the affected people is restoration and maintenance of health of people affected by the disaster. Over 300 medical institutions provide assistance to the affected, including 77 central raion hospitals located at the contaminated rural territories. Taking into account the negative trends related to health, the affected people should undergo annual medical examinations. For this purpose, specialized medical centers have been established, first of all for children, in order to examine and treat patients; the list of specialized medical institutions that provide treatment and sanatorium and rehabilitation services to children affected by Chornobyl disaster has been approved. Rehabilitation of sick children is provided by 148 specialized sanatorium and resort institutions and treatment and rehabilitation centers of the country with the capacity of 380,000 beds per year.

Medical services to the affected people are provided in accordance with the Program of activities to organize specialized medical assistance to the people affected by Chornobyl disaster. In 1999 over UAH 26.8 million was allocated to fund it and this is twice more than in 1998.

However, according to the Commissioner, the activities undertaken by the state cannot ensure the necessary level of legally guaranteed medical services to Chornobyl victims. Decline of people’s health, especially of those who directly participated in the liquidation of the consequences of the disaster and of those, who live on the contaminated territories, or were resettled from the radioactive zones, worsening of the social and psychological state of this category of citizens still remain to be urgent problems in Ukraine.

Most often the liquidators and people evacuated from dangerous zone are sick with the disease of respiration organs. They are followed by the diseases of blood circulation, nervous system and organs of hearing and digestion, which leads to the increase of mortality among them. Thus, in 1998 there were 10 dead per 1,000 affected; in 1999 this number was already 11.6 dead.

Preservation of health of the affected children is another acute issue. According to the current legislation, the children affected by Chornobyl disaster include children under age who were evacuated from the alienation zone, as well as children who at the moment of disaster resided, or permanently studied for at least one year in the zone of unconditional (obligatory) resettlement, or for two years in the zone of the guaranteed voluntary resettlement, of for three years in the zone of an intensive radiological and ecological control; and also children born after the accident from parents, one of whom is listed among the respective category of the affected by Chornobyl disaster. Besides, children affected by Chornobyl disaster include those having thyroid gland cancer regardless of dosimetry, and those having radiation sickness, and those who received an excessive irradiation of thyroid gland due to Chornobyl disaster.

Treatment and rehabilitation (including the psychological one) of the affected children of pre-school and school age in Ukraine is a priority objective in all medical programs and activities related to the liquidation of consequences of Chornobyl disaster.

At the same time, the monitoring done by the Commissioner, medical practice have an evidence that today the most vulnerable groups are affected young children and teenagers, or children born from the affected parents. The general morbidity of Chornobyl children is by 1.5-2.5 times higher compared to their peers, and the general morbidity of children and teenagers affected by the disaster grew by 6.4% in 1999. The structure of morbidity is following: respiration diseases – 62%; nervous system diseases – 7%; digestion diseases – around 6%; dermal and hypodermic cells diseases – 5%; blood and haematogenic diseases – 3.5%. If during 1981-1985 not a single case of thyroid gland cancer was registered in Ukraine, then since the time of disaster and until now 1,400 patients (who were children and teenagers at the moment of the accident) have been already operated on.

This is caused by the fact that systematic treatment of the affected children envisaged by the current legislation on the basis of the best local sanatorium and resort institutions, specialized medical centers equipped with modern diagnostic and treatment equipment, with up-to-date medicines, with the attraction of most experienced local and international specialists with their methodology, equipment and medicines is not maintained. Most of the affected children are not supplied with food and food additives that facilitate to the removal of radionuclides from organism, while they are supposed to receive these supplies in accordance with Article 30 of the Law On the Status and Social Protection of Citizens who Suffered from the Chornobyl Disaster.

Commissioner for Human Rights considers it necessary to emphasize the significant role in this issue of the implementation of special medical assistance program for Ukrainian children in Cuba. Republic of Cuba is the only country where care for the Chornobyl children is regulated at the state level and where children not only recover but are treated free of charge. Since 1990 Cuba has provided medical services to over 18,000 Chornobyl children, as well as to 2,000 parents and tutors who accompanied the sick children.

Expediency and efficiency of medical assistance to Chornobyl children in Cuba is confirmed by the highly professional specialists. The Commissioner for Human Rights actively facilitates to the solution of issues that arise with respect to the realization of the right of children to medical treatment, particularly in relation to the air transportation of children to Cuba. Considering the lack of funds in Ukraine to treat and transport children, the Commissioner is sure that implementation of this program should be thoroughly supported and that it is necessary to do everything possible to continue this program.

Other important medical and social activities to preserve and restore health of the affected people include sanatorium and resort recovery. According to the legislation, over 1,600,000 people had the right to free recovery in 1999; they included affected people of Categories 1 and 2 and 1,258,000 children and teenagers. However, only 457,600 people (among them – 427,092 children) actually received these services, the cost of which amounted to UAH 175,105,100 from the Fund for Liquidation of Consequences of Chornobyl Disaster and for Social Protection of Population. At the expense of additional funds attracted from other sources, 33,573 children improved their health; the costs of it amounted to over UAH 17 million.

It should be also underscored that the financing of health programs for Chornobyl victims is worsening each year and this leads to the violation of their rights. The rights of this category of citizens to the benefits envisaged by applicable legislation are also being violated. The Commissioner initiated proceedings about the adherence to Item 6 of Article 21 of the Law On the Status and Social Protection of Citizens who Suffered from the Chornobyl Disaster in the case of the violation of the liquidators’ right to supply with food products according to physiological norms, on the basis of appeals of O. Kralevich from Kyiv and V. Esin from Luhansk oblast. The inspections showed that compensations for the food products were not paid timely to this category of Chornobyl liquidators. The arrears appeared and this violates the rights of these citizens. After the intervention of the Commissioner certain measures were taken to restore their rights.

Commissioner for Human Rights paid attention to ensure the rights of those working at Chornobyl Nuclear Power Plant. In 1998-1999 several appeals were received on this issue from the citizens of Ukraine and the officials, including S. Parashin, at the time being director of the plant. After the review of these appeals, the Commissioner sent petitions to the governmental officials about the necessity to take measures in order to create safe conditions for life, health and labor of people there.

The following issue also should not be omitted. During recent years, in violation of Article 22 of the Ukrainian Constitution and of current legislation, it has become a rule to suspend, by the initiative of the Ukrainian government, quite a lot of benefits to Chornobyl affected people during the approval of the state budget of Ukraine. This violated their rights. For example, in 1999, according to Article 24 of the Law On the State Budget of Ukraine for 1999, certain provisions of the Law On the Status and Social Protection of Citizens who Suffered from the Chornobyl Disaster were suspended.

This related to Item 2 of Article 21 with regards to the payment to the Category 2 of individuals affected by Chornobyl disaster of a cash compensation in the amount of an average cost of a place in a tourist group in Ukraine; to a number of provisions of Articles 22-24 of the Law with regards to free provision with a beneficial place at sanatorium or resort, or place in tourist group for citizens of Categories 3 – 4 and individuals who worked beyond the alienation zone at especially hazardous (in terms of radiation) jobs related to the liquidation of consequences of Chornobyl disaster, or to the payment of cash compensation at their discretion; as well as with regards to the payment of interest-free loan for the individual housing construction with the recovery of 50% of the loan at the expense of the state budget, and of interest-free loan for the construction of garden houses and accomplishment of garden plots, construction of individual garages by the citizens included in Chornobyl Category 1, as well as with regards to the provision of interest-free loan to organize businesses, agricultural (farming) enterprises by the individuals of Chornobyl Categories 1-2, and some other benefits.

The practice of solution of budgetary issues at the expense of citizens affected by Chornobyl disaster and of other unprotected categories of citizens and pensioners is an evidence of incapability of the governmental institutions to facilitate the replenishment of the budget through the restoration of production and through economic influence on business activities. According to Article 31 of the Law On the State Budget of Ukraine for the Year 2000, the above mentioned provisions of the Law On the Status and Social Protection of Citizens who Suffered from the Chornobyl Disaster were suspended for the year of 2000 as well.

On the basis of analysis, the Commissioner for Human Rights has to express her concern about an unsatisfactory situation with the observance of the rights of Chornobyl disaster victims and thinks that the national and local governments, public associations, enterprises, institutions and organizations should pay a special attention to this category of people and should consider it their obligation to solve their problems without delay.

In order to improve the protection of people affected by Chornobyl disaster, it is necessary to clarify the priority areas to solve this problem in the country. According to the Commissioner, it is necessary to adjust legislation with regards to the protection of Chornobyl disaster victims, particularly, to increase the targeted protection of these people, especially those who faced an increased radiation risk. This includes the implementation of activities to improve the protection of health and rehabilitation of this category of Ukrainian citizens; in particular, organization of a regular examination of health of individuals irradiated due to Chornobyl disaster, determination of high risk groups, identification of sick people, development of methods for their adequate treatment and recovery. It is necessary to establish a regular ecological protection of Chornobyl victims to decrease the level of additional irradiation from the main sources of ionized radiation on the basis of optimization principle, limitation of hazardous impact on the health of people who reside on the contaminated territories, of non-radiation factors of physical, chemical and other origin.

It is also important to establish a psychological protection of people affected by Chornobyl disaster and to create conditions to prevent factors related to the consequences of the accident, which cause a psychological tension; to provide assistance to overcome it and to form the healthy life-style.

The Commissioner believes, that maintenance of the rights of Chornobyl victims remains among the most important tasks of the national and local governments to ensure the social and economic rights of the affected people, namely: to restore the production links and social infrastructure, to rehabilitate agricultural and forest lands, to re-orient enterprises, to stimulate production, to compensate losses caused by Chornobyl disaster.

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