Internally displaced persons (IDPs)

In the 20th century, the world faced the problem of the existence of internally displaced persons (hereinafter referred to as IDPs). Of course, this did not apply to Ukraine, and no one could have thought that Ukraine would be overwhelmed by this issue after the independent elections in 1991.

At the beginning of 2014, the events on the Maidan, all this led to the fact that the population on the territory of the Ukrainian state has a negative connotation of "internally displaced persons". In March 2014, thousands of people were forced to leave their permanent homes, possibly forever. From February 24, 2022, the issue of IDPs has become even more acute for Ukraine. After all, the military invasion has spread not only to Donetsk and Luhansk regions, but also to other territories, and therefore the number of internally displaced persons is increasing. It is natural for people to flee from danger and seek shelter in more favorable places.

Internally displaced persons (IDPs) are people who are forced to leave their homes due to conflict, violence or legal instability, but remain within state borders and do not have refugee status. According to UNHCR (UN refugee agency), internally displaced persons are people who were forced to change their permanent place of residence within the country due to threats to their life and health. They remain under the protection of the government and have all rights to protection under international human rights law. The concept of Internally displaced persons (IDPs) is used for a group of internally displaced persons in international law. The Guiding Principles on Internally Displaced Persons define internally displaced persons as people who have been forced to leave their homeland as a result of military conflict, large-scale violence and human rights violations, natural or man-made disasters, but who remain in the country or within the state without crossing borders.

Ukraine has a significant number of internally displaced persons, based on data from the United Nations (UN), the number of IDPs in Ukraine is more than 1.5 million.

Legal issues facing IDPs in Ukraine include access to housing, social services and employment. The government of Ukraine is obliged to provide protection and assistance to internally displaced persons, but in many cases access to housing, education and medical services remains limited. Children, adolescents and women are particularly vulnerable in this regard, particularly those with disabilities or single mothers.

The state, together with institutions, has a fundamental influence on the settlement of the issue of forced internal displacement in the context of armed conflict. Competent authorities have the primary duty and responsibility to create the conditions and provide the means for the return of internally displaced persons to their places of residence voluntarily, safely and with dignity, or voluntary resettlement to another part of the country. State authorities should promote the reintegration of internally displaced persons, since national responsibility in situations of forced internal displacement includes the following elements:

Ø prevention of internal displacement and minimization of its negative consequences;

 Ø raising national awareness of the problem;

 Ø collection of data on the number and status of IDPs;

 Ø support for education of the rights of IDPs;

 Ø creation of a legal framework for the protection of the rights of IDPs;

 Ø development of national policy on internal displacement;

 Ø appointment of the institutional coordination center for IDP issues;

Ø encouraging national human rights institutions to solve the problem of internal displacement;

 Ø ensuring participation of IDPs in decision-making;

Ø allocation of sufficient resources to solve the problem of internal displacement;

 Ø cooperation with the international community, when the national potential for solving IDP issues is insufficient.

National authorities are responsible for resolving issues and ensuring the well-being of IDPs. Therefore, guided by the Law of Ukraine "On Ensuring the Rights and Freedoms of Internally Displaced Persons", "... IDPs have the right to:

 - receiving material support, insurance payments and social services under the mandatory state social insurance; - voting in the elections of the President of Ukraine, people's deputies of Ukraine, local elections and referenda by changing the voting place; - family unity;

- information about the fate and location of missing family members and close relatives;

- safe living and health conditions;

- reliable information about the existence of a threat to life and health in the territory of her abandoned place of residence, as well as the place of her temporary settlement, the state of the infrastructure, the environment, ensuring her rights and freedoms;

 - creation of appropriate conditions for her permanent or temporary residence;

 - assistance in moving her movable property;

 - assistance in returning to the previous place of residence;

 - provision of medicinal products in cases and according to the procedure defined by legislation;

 - provision of necessary medical assistance in state and communal health care institutions;

 - placement of children in preschool and general educational institutions;

 - receiving social and administrative services at the place of stay;

 - conducting state registration of civil status acts, making changes to civil status act records, their renewal and annulment by place of residence;

 - receiving humanitarian and charitable aid, etc."

According to the legislation of Ukraine: "An internally displaced person is obliged to:

- to comply with the Constitution and laws of Ukraine, other legislative acts;

- within 10 days from the day of arrival at the new place of residence, report the change of place of residence to the structural division for social protection of the population of the district, state administrations, executive bodies of the city councils at the new place of residence;

 - in the event of a voluntary return to the abandoned place of permanent residence, the internally displaced person is obliged to notify the structural unit for social protection of the population at the place of receipt of the certificate no later than three days before the day of departure;

- in the case of detection of knowingly false information submitted by an internally displaced person to obtain a certificate of registration, to reimburse the actual costs incurred at the expense of the state and local budget as a result of exercising the rights provided for by this Law;

 - The IDP is obliged to fulfill other duties defined by the Constitution and laws of Ukraine."

The Office of the United Nations High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights notes seven positive steps taken by Ukraine in the interests of human rights:

1) Creation of a legal framework to ensure access to birth and death registration;

2) Law "On the Legal Status of Missing Persons".

3) Criminalization of enforced disappearances.

4) Methodology for monitoring and evaluating the state of implementation of the National Strategy in the field of human rights and the Action Plan for its implementation.

5) The practice of the Supreme Court of Ukraine regarding the restoration of the rights of the population affected by the conflict.

6) IDPs received the same rights to access social housing as other vulnerable groups.

7) Strategy and Action Plan for IDPs Ukraine adopted a number of legislative acts regulating the protection of internally displaced persons. For example, the Law of Ukraine "On Internally Displaced Persons", the General Agreement on the Ceasefire, which was signed in Minsk in September 2014, and Framework Agreements with leading international organizations on the protection of internally displaced persons.

However, in many cases these legislative acts remain insufficient to effectively protect the rights of IDPs in Ukraine. The government must ensure the elimination of barriers preventing internal movement of people, ensuring access to housing, health services and education.

Establishing an effective mechanism for the protection of the rights of internally displaced persons is an important task in the conditions of modern Ukraine. Responsibility for this rests on all levels of government and international organizations working in the country. In case of crimes, IDPs have the opportunity to seek help from the relevant government bodies, international organizations or legal aid.

Ukraine faces an important task and it is now being carried out. It is about creating a safe environment for the lives of victims of armed conflicts. However, despite the adoption of a number of normative acts since 2014, the issue of social protection and provision of internally displaced persons remains unresolved.