On the morning of 20 May, an SMM patrol travelling from non-government-controlled Donetsk city, consisting of two vehicles, one trailer and four mission members, arrived at the checkpoint of the armed formations near Olenivka (non-government-controlled, 23km south-west of Donetsk) to conduct an exchange of trailers with a second SMM patrol arriving from government-controlled areas.
At 10:47, while at the checkpoint, a member of the armed formations approached the patrol and requested the SMM’s vehicles’ registration documents. The patrol refused the request and remained stationary at the checkpoint.
At 11:40, the patrol again attempted to cross the checkpoint, but was denied once more for the same reason.
At 12:10, the patrol attempted for a third time to cross the checkpoint, but members of the armed formations declined to engage with the patrol.
At 12:30, the patrol left the checkpoint and returned to Donetsk city.
Since 1 March 2021, the Mission has faced similar denials in non-government-controlled Donetsk region seven times: four times at the same checkpoint of the armed formations near Olenivka, on 1 March, 15 March, 17 and 26 April; and three times at the checkpoint near Oleksandrivka (20km south-west of Donetsk), on 31 March, 2 April and 8 April (see SMM Spot Reports 1/2021, 3/2021, 4/2021, 5/2021, 7/2021, 9/2021, and 12/2021).
On all occasions, the SMM undertook efforts to facilitate the patrol’s crossing that would enable the exchange of trailers, but the vehicles were not allowed to pass.
The Mission again notes that such denials at checkpoints of the armed formations not only restrict the SMM’s freedom of movement across the contact line, but also prevent the SMM’s logistical operations, which are essential for the implementation of its tasks.
The OSCE Permanent Council Decision No. 1117 specifies that the SMM shall have safe and secure access throughout Ukraine. Unrestricted and unconditional access to all areas is essential to ensure effective monitoring and reporting of the security situation, as well as other mandated tasks. The mandate also tasks the Mission to report on any restrictions of its freedom of movement or other impediments to fulfilment of its mandate.
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Written by Costica Dumbrava and David de Groot,
© Sandra in the Sun / Adobe StockThe Covid-19 crisis has had a severe impact on free movement in the EU. To address this issue, on 17 March 2021 the Commission issued a proposal to establish a ‘digital green certificate’ – a common framework for issuing, verifying and accepting interoperable health certificates. The certificate would include proof of vaccination, Covid-19 test results, and/or information that the holder has recovered from being ill with Covid-19. The proposal has been given priority by the co-legislators with a view to seeking to reach agreement and launch the certificate before summer 2021.
A temporary digital health certificate is seen as a less restrictive measure than others currently in place, such as entry bans, quarantine and business closures, and may allow for a gradual reopening of the economy. Whereas the initiative has been welcomed by some (such as the tourism and transport sectors), the certificate raises a number of concerns, in relation to its design, fundamental rights implications and overall usefulness.
This briefing discusses the Commission’s proposals and the initial positions of the EU co-legislators in the broader context. It analyses a number of key issues raised by the certificate, namely: its legal scope, the different types of certificates included in the overall digital green certificate, the risk of discrimination, data protection concerns, technical aspects, the timeframe and the overall added value of the certificates.
Read the complete briefing on ‘EU Covid-19 certificate: A tool to help restore the free movement of people across the European Union‘ in the Think Tank pages of the European Parliament.