State failure
The situation with IDPs is
peculiar for what we call state failure, with the role of civil society
organizations and other initiatives being bigger than those of government
institutions. Non-profit groups have had to step in as government institutions lack
the capacity to deal with the extraordinary situation.
After the EuroMaidan Revolution,
many effective networks of civil society activists have emerged. The experience
gained during the winter clashes is now being applied in a new context.
Initiatives like Krym_SOS, Vostok_SOS, Ноuse of Friends, Free People Employment
Center, as well as the IDP Help Coordination Center and others have helped
transport IDPs, find them temporary settlement, jobs and legal assistance.
In the short term, these
initiatives are immensely helpful. They solve temporary shelter problems, allow
for information sharing and human rights protection, but the Ukrainian
government has to play a bigger role creating long-term programs for their safe
return and integration. How this role of government institutions would be
regained is a question of appropriate legislation and more institutional
thinking.
Deficient legislation
The adoption of the plainly
inefficient IDP law has evoked disaffection of human rights activists. The law passed
on July 19 and contained neither a mechanism of human rights protection nor the
financial sources to ensure the basic rights of IDPs are protected. Owing to
public pressure, the president vetoed the bill.
Actually the president’s office will
introduce new legislation which has good chances to live up to the public’s expectations.
If the law passes, the Ministry of Social Policy will be charged with protecting
the rights and liberties of IDPs.
This law complies with all
international human rights norms and standards. Its preamble affirms the
universal character of the law. It means that it doesn’t have any time or space
limits and can be applied beyond the conflict in Donetsk and Luhansk oblasts.
It clearly defines all procedural issues of obtaining IDP status, and distinguishes
the field of responsibility of local executive governments. The law provides solutions
for all top-priority problems.
Foremost, IDPs require a reinstatement
of their legal status. Besides receiving IDP status, a facilitated procedure is
provided for those who need to draw up any lost papers, to dissolve a contract,
to retire or to close a sole proprietorship.
Among civil and political rights,
only voting rights are mentioned, obviously because of clear orientation
towards protecting socio-economic rights. The government acknowledges that the
rights of all IDPs are guaranteed by actual Ukrainian legislation and provides
few benefits such as unemployment benefits and access to higher education.
Particular attention is paid to
housing and employment. Local authorities provide temporary and permanent
housing, facilitate the return and transportation of property. IDPs have the
right to unemployment benefits, job placement and retraining.
The law provides that state programs
can be elaborated to guarantee the special social and economic needs of IDPs.
However, experts are inclined to
think that some kind of deep integration program should be adopted by the
government. Very often IDPs suffer from vulnerability and discrimination. Today
the tension between locals and IDPs is growing rapidly because of the negative
image we see in the media, especially how IDPs from Donbas are depicted. Very
often they are shown as lazy and rude people who hate Ukraine and only think
how to profit from hospitality and kindness.
Article 14 stipulates that the government
should allocate resources to ensure human rights guarantees of IDPs. Using
mechanisms and the authority provided by the law, the government has the possibility
to protect IDPs and ensure their basic rights but there is still a risk that
the law will not be passed.
The question of rehabilitation is
much more complex and is linked to the postwar reconstruction of Donbas region.
Successful reforms can transform Donbas from a depressive region into a
locomotive of Ukraine’s economy. It must be seen as a chance to build a
postindustrial economy, implement innovation and modernize infrastructure. It
will let us re-orientate Donbas industry to global markets and give an impetus for
deep economic reforms. Only then can we overcome social problems, mutual
hatred, forget war and unite the country.
Taras Doroniuk is the
director of, and Andriy Solodko is an analyst at the Center for Society
Research, a non-partisan, non-profit think tank in Kyiv.
