Internally Displaced Persons (IDPs) in Ukraine typically do not reside at their registered addresses, leading to a deprivation of their rights to partake in local governance and receive social benefits. The root cause of this issue lies in the gaps within the country’s legal framework: the terms “member of a territorial community” and “permanent residence” are undefined.
On June 14, 2023, experts of the United Voices in Action program, implemented by IREX together with the Charity Foundation “Stabilization Support Services” and with the support of the U.S. Department of State, presented a detailed study scrutinizing local policies and programs, further shedding light on the level of participation by IDPs in their new communities. The legal experts involved meticulously examined 193 local legislative enactments from 25 communities across 15 oblasts in Ukraine. These include territorial community statutes, programs, and rulings concerning the social protection of certain demographics, including IDPs. It was determined that the rights of IDPs are considerably limited.
“IDPs are barred from effecting changes within their host communities due to their non-residency at their officially registered locations. This constitutes discrimination: being an IDP implies an inability to participate in public gatherings or hearings, propose local initiatives, or cast votes for public budget schemes. This also means their exclusion from local targeted programs intended to support members of the territorial community,” elaborated Tetiana Dementyeva, Senior Program Manager of the United Voices in Action program, IREX.
The study was carried out in several stages. Initially, the legal experts reviewed documents published on official websites and replies to inquiries, followed by in-depth interviews with representatives from the local governing bodies of territorial communities.
“Out of 193 local regulatory documents, 124 require amendments – a staggering 65%! The majority of these statutes do not account for IDPs as residents or members of territorial communities. We even discovered supplementary conditions imposed on IDPs in some programs. This means that in order to qualify for certain kinds of assistance, IDPs were required to fulfill these additional criteria,” explicated Oksana Savytska, Leading Lawyer of the United Voices in Action program.
To illustrate, in the Kamianske territorial community, assistance programs are available to individuals lacking a registered address but who have resided in the community for the past five years. Moreover, IDPs might be refused compensation if their stay in the city of Kyiv or within the same oblast is less than a year.
The study unveiled that the communities under review lacked a standardized approach to formulating regulations and identifying support measures for IDPs. Nonetheless, the researchers did identify instances of successful implementation in certain communities. The Kremenchutska community, for instance, boasts a program to assist IDPs and evacuees, with registered individuals being given food kits. In the Kropyvnytska community, IDPs enjoy special privileges at cultural institutions and are exempt from paying an administrative fee credited to the community budget.
The findings of the study are presented in the 25 communities where it was conducted. A summary of the recommendations will be forwarded to the Ministry of Reintegration of the Temporarily Occupied Territories as well as to authorities nationwide.
Download study: http://surl.li/iaeoe.