GP20 Compilation of National Practices to Prevent, Address and Find Durable Solutions to Internal Displacement
The GP20 Initiative published the report Working Together Better to Prevent, Address and Find Durable Solutions to Internal Displacement: GP20 Compilation of National Practices. This report was researched and written by Hannah Entwisle Chapuisat.
The report showcases 22 case studies on preventing, addressing and resolving internal displacement. They are examples of multi-stakeholder collaborative approaches and span conflict, generalized violence, disaster and climate change contexts across 16 countries.
Here is Ukraine’s case study The Role of Joint Advocacy in Protecting IDPs’ Electoral Rights – the case where the Group of Influence played a lead role.
“It started in 2014. Due to military conflict on the east of Ukraine I was forced to leave my home in occupied Donetsk. I moved to Lviv. When there were parliamentary elections in the fall of 2014, I, unlike other citizens, received only one ballot instead of two. Although I knew a candidate running for my constituency, I could not vote for him. Then it became clear that our system of determining the electoral address is imperfect and the Soviet-era residence registration system is a major obstacle. As Ukraine had a mixed electoral system (half of the Parliament was chosen by a proportional system and other half by First-past-the-post system) IDPs could only vote for political party lists and not candidates from their majoritarian parliamentary districts where they reside. In Ukraine, people can participate in local democracy only in places of their residence registration which are often different from the actual ones. We also were deprived of the right to vote in local elections in our new communities. We had limited access to elections, decision-making and participation in public affairs. But we paid taxes! Taxation without representation.
That is, it all started with personal awareness of problems and personal interest. I have been active since childhood, so elections are important to me. I realized there was no strong advocacy for people like me to enjoy the same electoral rights as other Ukrainian citizens.
In 2015, my organization together with the well-known Civil Network OPORA began to draw attention to this issue. Together with the members of Parliament before the local elections in 2015, we developed and registered the first bill on the protection of the voting rights of IDPs. However, it received neither support in parliament nor support among those Ukrainian citizens who also could not vote in the local elections, by their place of residence, like economic migrants for example.
IDPs are not the only group that faced challenges to their enfranchisement in Ukraine. Other Ukrainain citizens, whose actual place of residence is not the same as their registered residence and voter address, also faced obstacles to exercise their electoral rights. They wanted us to include their interests in legislative changes.
The Group of Influence was created by IDPs, but first of all we also engaged other IDPs and economic migrants through surveys and focus group meetings in different regions of Ukraine (west, east, south, north and centre) to understand the problem deeper and find out their opinion on possible solution and to find the best legal model to enfranchise them into electoral process. So, we got data, we had information “from the ground”. We started to involve people.
We followed the rule “do nothing for us without us” and involved people who potentially will be affected by the decision. For example, thanks to a sociological survey, we learned why people cannot change their place of registration. With new residence registration (“propiska”) IDPs were afraid to cross the contact line and could have real problems when they travel to NGCA. We faced legal, practical and political barriers to IDP electoral participation in Ukraine.
Aiming to resolve the outlined problem, NGO “GROUP OF INFLUENCE” together with Civil network OPORA and International Foundation for Electoral Systems (IFES) had developed draft law on Ensuring Access to the Right to Vote of IDPs and Other Internal Migrants.
We worked at Interagency Working Group on Improving National Legislation on the Protection of IDPs Human Rights which was created at the Ministry of Temporarily Occupied Territories and IDPs. We were everywhere – on each working group, each meeting, events, conferences, round tables… Everywhere.
So, let’s do intermediate sum up. 1) realize the problem; 2) ask and engage people; 3) involve all stakeholders.
In March 2017 24 MPs from different fractions sponsored the draft law No6240 which enables all Ukrainian citizens to vote in their actual place of residence by simplifying voter registration procedures and separating them from their formal registered places of residence.
But we had to fight against stereotypes and rejection of the issue of IDPs’ voting rights in society and among decision-makers. We navigated through myths and misperceptions about IDPs’ electoral participation as the level of support for IDPs’ political rights in Ukraine was very low.
Group of Influence led the “Every Voice Matters” advocacy campaign to promote IDPs electoral rights. During this time, the Group of Influence worked on changing attitudes of politicians and society toward IDP electoral rights.
We created very strong social advertising. We have used all available communication channels continuously for several years. As a result, public opinion has changed. Residents of the host communities agreed a few years later that IDPs should also elect local authorities.
But members of parliament disagreed. They continued to ignore our political rights. They feared new voters in their constituencies. We went to the streets in front of Parliament with placards and said: “step over our fears, not our constitutional rights.”
However more than 4% of Ukrainian voters remained ‘silent’ and ‘invisible’, and for these people, the value of their voice was increasingly sensitive.
We have involved IDPs from different regions in the joint advocacy campaign. I think one of the key components of success was that we did ongoing training for other activists. We traveled all over the country for advocacy training. We invited people to become our agents of change in the regions, giving them knowledge and skills. They put it into practice.This, among other successful results, led to local government decisions. The 13 local councils from across Ukraine directed official requests to Verkhovna Rada MPs urging IDP voting rights. The local deputies showed their support.
We constantly kept updated of our partners, informing them when MPs came to their constituency. When MPs had meetings with voters, our IDPs asked them about the fate of draft law 6240. The Group of Influence wanted to make the voices of IDPs from all regions heard.
In general, 6240 has become a brand of struggle for political rights. Draft Law 6240 provided mechanisms for ensuring the voting rights of IDPs and other internal migrants in all elections, including at local level.
Our partners from Dnipro city created a song about voting rights. Our partners from Zaporizhia came up with paronomasia from the word Voters, which means “You are fighters”.
We caught politicians wherever they were. I say: in every city of Ukraine there are our people, because IDPs have settled all over the country.
We collected about 100 signatures of leaders of public organizations in an appeal to the President of Ukraine Volodymyr Zelensky with a request to protect the voting rights of displaced persons. Our friend, a journalist from Donetsk, personally handed the letter to the President when he was at the press conference in Ternopil, the city where she moved.
The UN Human Rights Committee based on our Shadow report included this question in List of issues in relation to the eighth periodic report of Ukraine.
Council of Europe’s Congress of Local and Regional Authorities called on the Verkhovna Rada to accelerate the adoption of draft law No. 6240
The Parliamentary Assembly of Council of Europe in its Resolution 2198 urged the Ukrainian authorities to provide mechanisms for ensuring the voting rights of IDPs in all elections, including at local level;
the Protection Cluster produced an advocacy note….
Our experts and partners presented the situation on IDPs electoral rights at the human dimension implementation meetings in Warsaw, in Geneva, in Strasbourg, In Brussels, in Jordan.
Moreover, our international partners in Ukraine constantly emphasized that IDPs’ right to electoral participation is crucial for preventing marginalization, reconciliation, and for making governments more responsive and accountable. The International Foundation for Electoral Systems constantly provided legal advice to MPs, Central Election Commission and the President Office on the international standards and best practice in ensuring IDPs electoral rights.
Thanks to these multi-stakeholder efforts, all the provisions of 6240 were included in the Electoral Code, which was adopted by Parliament in December 2019.
Last Sunday for the first time, IDPs were allowed to vote in local elections in Ukraine
I really appreciate everyone’s contribution to this victory.
The whole society will benefit from the solving of IDP issues. As a result of the national advocacy campaign #EveryVoiceMatter long-awaited reform enfranchising fully all Ukrainians, not only IDPs, was adopted. I think if the government solves the problems of IDPs, life improves for all citizens.
Involving IDPs in decision-making processes reduces the risk of conflict, makes society and government more inclusive and responsible.
For changing legislation to protect human rights long-term work is needed. You have to understand that there will be no quick changes, so you need to plan resources for the long-term game. It is important to unite as many partners as possible.
You need to be prepared for a long struggle, even where there should be no struggle.”
Speach from “UN Human Rights Council Inter-Sessional Seminar on the GP20 Initiative and Internal Displacement”, Oct 29
On June25 the partners and beneficiaries of the Council of Europe project “Internal Displacement in Ukraine: Building Solutions” took part in online presentation of the activities of NGO “Civil Holding “GROUP OF INFLUENCE” within the grant provided by the Council of Europe.
Since September 2019 NGO “Civil Holding “GROUP OF INFLUENCE” implemented the project “Local advocacy for IDPs” aimed at activating IDPs to solve their problems at local level through advocacy campaigns and fostering participation in decision making process.
During the presentation more than 20 local organizations and initiative groups of IDPs from 10 regions of Ukraine shared their achievements in grass root advocacy on the following issues:
– Housing for IDPs: temporary housing programmes, social housing
– Obtaining the status of a child affected by the military conflict and relevant support programs
– Participation of IDPs in decision making process through the tools of local democracy.
The project “Local advocacy for IDPs” was supported in the framework of the grant award programme of the Council of Europe project “Internal Displacement in Ukraine: Building Solutions”. The purpose of the programm was to fund projects to enhance the successful integration of internally displaced persons, addressing crucial issues they face and promoting mid- and long-term solutions for IDPs and affected communities in line with Council of Europe standards.
Council of Europe Office in Ukraine
December 19, 2019 was more than just another day for Tetiana Durnieva, Director of the Ukraine-based Group of Influence — a nongovernmental organization. On this day, Ukraine’s Verkhovna Rada (Parliament) adopted a historic, new election code that dramatically transformed the country’s electoral system. The new code opened the door to Durnieva and about 1.4 million other internally displaced persons (IDPs), as well as additional estimated 3-4 million internal labor migrants to participate in all elections.
“That day I wrote in my Facebook that I fulfilled another mission,” says Durnieva. “For me, it was a really important and exhausting long-standing struggle for the constitutional right to vote. Many people, acquaintances and strangers have been following, experiencing and celebrating with us this victory of democracy.”
Over the past four years, Durnieva and her Group of Influence colleagues have been working relentlessly to advocate for electoral reform and raise awareness to ensure that Ukrainian IDPs and other mobile groups can participate in elections.
After armed conflict started in her hometown of Donetsk in 2014, Durnieva had to build her life from scratch. One of the obstacles she faced was access to the electoral process: she realized there was no strong advocacy for people like her to enjoy the same electoral rights as other Ukrainian citizens.
Tetiana Durnieva speaks to the news media and public during the “Invisible Voters” campaign on IDP Rights, organized by the Group of Influence and its partners before the Conciliation Council meeting on March 19, 2018.
IDPs could only vote for political party lists and not candidates from their majoritarian parliamentary districts where they reside. They were also deprived of the right to vote in local elections and for half of parliament.
Established in early 2016, the Group of Influence systematically began promoting Ukrainian IDP rights at the national and local levels involving IDPs from all regions of the country, lawmakers and international organizations. In late 2016, Group of Influence’s first project on IDP electoral and political rights was launched as part of a broader initiative supported by IFES to promote democratic progress in Ukraine made possible by the UK aid, the United States Agency for International Development (USAID), and Global Affairs Canada. Through this project, the Group of Influence led the “Every Voice Matters” advocacy campaign to promote IDP electoral rights. The nascent organization navigated through myths and misperceptions about IDPs’ electoral participation as the level of support for IDPs’ political rights in Ukraine was low. During this time, Group of Influence dramatically changed attitudes of politicians and society as a whole toward IDP electoral rights.
“It is hard to understate IFES’, UK aid’s, USAID’s, and Global Affairs Canada’s role in building the Group of Influence’s capacity to advocate for reform and in making system changes happen,” Durnieva says. “In 2016, IFES and UK aid supported the very first project of our newly-established organization and this made us mobilize our resources toward achieving specific objectives.”
The Group of Influence’s challenge was the long and complicated process of building alliances and connections with Ukrainian MPs who would be willing to support legislative changes which at that time had low political and societal support. In pursuit of regional lessons learned, in March 2017, IFES organized a study trip to Georgia for representatives of Ukraine’s Central Election Commission, Ukrainian MPs and civil society activists, including Durnieva.
“For me, this trip was the opportunity to learn about the Georgian experience of ensuring IDP electoral rights and, importantly,to convince the Ukrainian MPs of the need to provide full voting rights to IDPs and to build trust”, says Durnieva. “Later, Ukrainian MPs became advocates of our agenda in the Verkhovna Rada and gathered allies from all groups to register the Draft Law.”
In March 2017, these efforts saw tangible results and Draft Law Number 6240 — seeking to enfranchise millions of Ukrainian IDPs and internal labor migrants, was introduced in the Verkhovna Rada. The bill was prepared in an open and inclusive manner by the Group of Influence, Civil Network OPORA, the CEC, the Verkhovna Rada, the Ministry of Temporarily Occupied Territories and the IDP community, with expertise from IFES. It was sponsored by 24 MPs from all political parties and factions existing in Verkhovna Rada. The draft law was designed to simplify voter registration and entitled IDPs and other Ukrainian citizens to vote at their actual places of residence and their registered permanent residence.
Tetiana Durnieva is interviewed during a press-conference on IDP electoral rights.
The Group of Influence, with support from IFES, UK aid, USAID and Global Affairs Canada, built a well-functioning regional coalition of IDP rights advocates to implement a successful nationwide advocacy campaign, inspired by international standards and best practices targeting MPs, local government officials and the public. By using innovative and tailored advocacy approaches – including in-person and online flash mobs, street actions, advocacy forums, media breakfasts with stakeholders, public discussions with local communities and letter-writing campaigns – the NGO consolidated communities around its advocacy messages and delivered them to decision-makers in Ukraine.
These efforts were complemented by active international advocacy with Durnieva and other representatives of the Group of Influence contributing to international conferences and academic publications on IDP political rights. As a result of the Group of Influence’s regional advocacy campaign in 2018, thirteen local councils from across Ukraine directed official requests to Verkhovna Rada MPs urging IDP voting rights.
“When parliamentarians hear this message from national civil society organizations, they do not necessarily prioritize this on their agenda but when they go out to the regions and hear the same message from their voters, local community and authorities – when the international community points at problems with electoral rights of IDPs in Ukraine, this creates the public pressure and resonance”, says Durnieva.
Today, the Group of Influence, is part of a broader initiative supported by IFES and made possible by USAID, Global Affairs Canada and UK aid, has developed into an increasingly self-sufficient, leading voice in electoral and human rights advocacy in Ukraine and has succeeded in consolidating grassroots and political support for its key message – supporting full IDP rights and participation. Now that the new election code has introduced long-awaited reform enfranchising fully millions of Ukrainian, the Group of Influence will direct its efforts to ensure the CEC promptly adopts regulations needed for effective implementation of the new election code’s provisions and inform and educate newly enfranchised groups and the general public about the new electoral rules.
“An important step in a successful advocacy campaign is to implement change and control how lobbied changes to the law work in practice,” says Durnieva. “We are in the process of drafting the CEC regulations and continuing to make recommendations to simplify the procedure for changing the electoral address and keep this issue on the agenda. At the same time, we have the next task – to explain to voters the procedure and to activate citizens to participate in local elections under the new rules.”
IFES’ activities in Ukraine are made possible with support from the United States Agency for International Development, Global Affairs Canada and UK aid. To learn more about IFES activities in Ukraine, click here.Since 1994, IFES has played a key role in the emergence of democratic electoral processes and institutions in Ukraine. Through this period, IFES has developed a reputation as a reliable source for impartial analysis and high-quality technical assistance in the fields of electoral and political finance law reform, election administration, civil society capacity building, civic education and public opinion research.IFES Ukraine
In October 2019, Ukraine submitted its seventh periodic report, in which it responded to questions posed by the Committee on Economic, Social and Cultural Rights on October 18, 2018. A considerable number of these issues concerned the observance of economic, social and cultural rights of the conflct-affcted population in Ukraine. The state’s replies, however, do not provide the complete picture regarding the observance of the rights of such groups as IDPs and residents of the temporarily occupied territories of Crimea and Donbas as well as areas located near the war zone (the so-called «grey zone»).
This alternative report was prepared by an informal Coalition of non-governmental organizations involved in the protection of conflct-affcted persons, including IDPs and residents of the temporarily occupied territories. The authors have considerable experience in drafing and advocating for new legislation related to the protection of IDPs’ rights, participate in working groups of relevant ministries, provide signifiant social and legal assistance to conflct-affcted people and provide coverage of the events that take place in the temporarily occupied territories.
The Coalition includes:NGO Donbas SOS, http://www.donbasssos.orgNGO Crimea SOS, http://krymsos.com/Charitable fund Right to Protection, www.r2p.org.uaCharitable fund Vostok SOS, http://vostok-sos.org/NGO Civil holding GROUP OF INFLUENCE, https://www.vplyv.org.ua/The Radnyk programme implemented by the charitable fund Stabilization Support Services, http://radnyk.org, https://sss-ua.orgNGO ZMINA Human Rights Center https://org.zmina.info/NGO Crimean Human Rights Group https://crimeahrg.org/Download Report
SEARCHING FOR ANSWERS TO CURRENT QUESTIONS DURING THE FORUM “EFFICIENT LOCAL GOVERNMENT AS A BACKGROUND OF DEMOCRATIC AND RULE-OF-LAW STATE”
KYIV, UKRAINE 06 DECEMBER 2019
“In the new administrative and territorial structure, the focus should be placed on the territorial community,” said Yuriy Kliuchkovsky, the Council of Europe expert, member of the working group for the improvement of electoral legislation on local elections under the Ministry of Regional Development. Election issues at the level of territorial communities and other important topics were raised during the IV Forum “Efficient local government as a background of democratic and rule-of-law state”,organized with the support of the Council of Europe, in the city of Kramatorsk, Donetsk region, on 28-29 November 2019.
In the framework of the discussion “Next Local Elections: Risks or New Opportunities?”on 29 November the participants of the forum discussed current issues and challenges related to the organization of the electoral process, in particular, during the upcoming local elections that will be held in Ukraine next year. The discussion on electoral matters brought together representatives of the Council of Europe and public authorities, experts and civil society activists:
Daniel Popescu – Head of the Democratic Governance Department, Directorate General – II of Democracy, Council of Europe;
Alina Zagoruyko – People’s Deputy of Ukraine and Deputy Chairwoman of the Committee, Chairwoman of the Subcommittee on Elections, Referenda and Other Forms of Direct Democracy of the Verkhovna Rada Committee of Ukraine;
Yuriy Kliuchkovskyi – the Council of Europe expert, member of the working group for the improvement of electoral legislation on local elections with regard to ensuring citizens’ representation in the community councils, as well as territorial communities’ representation in district and regional councils under the Ministry of Communities and Territories Development of Ukraine;
Yuriy Miroshnychenko – Member of the Central Election Commission;
Nataliia Borovska – Manager of the Project “Democracy for People”;
Tetiana Durneva – Executive Director of the Civil Holding “Group of Influence”;
Olexandr Burmagin – media lawyer, Executive Director of the NGO “Human Rights Platform”
Daniel Popescu opened the discussion with the emphasis on an interesting fact: “In 15 years, less than 50% of Europe’s population will take part in elections.” What does this mean for Ukraine? Such a trend has every chance of not avoiding Ukraine. In the view of abovementioned, Mr. Popescu advises public authorities to continuously work on increasing Ukrainians’ confidence and reliance to elections in general, and, in particular, to the upcoming local elections. As many Ukrainian citizens as possible should strive to influence and change politics through democratic forms and processes.
“In an amalgamated community which consists of a considerable number of localities, it is still necessary that the population of the majority of these localities is represented in the community’s council,” continued Yuriy Kliuchkovskyi, mentioning the new law “On Local Elections”. He drew particular attention to the question of what kind of electoral system is needed when electing district and regional councils. Equal representation of all villages, towns and cities through the correct electoral system – is a state priority.
Alina Zagoruyko, MP of Ukraine, spoke about the first local elections in amalgamated territorial communities with positive expectations. She also noted that “at present, there is a coherent work between the CEC and the Committee on Organizing State Power, Local Self-Government, Regional Development and Urban Planning. We will involve all parties and resolve the issue of holding the first local elections in Donetsk and Luhansk regions.”
However, in the context of the war in Donbas and the temporary annexation of the Crimea, the problem of not ensuring internally displaced persons’ electoral right is quite a challenge for the state, about which talked the Executive Director of the Civil Holding “Group of Influence” Tetiana Durnevа. She noted: “Nearly 4% of voters during the last 5 years have not fully participated in the elections.” However, the Director of “Group of Influence” continued: “The public perception of internally displaced persons and their participation in local elections has changed.” Previously, it was thought that displaced persons – those who had to leave their homes as a result of hostilities – should not participate in the expression of will at local level. And now the public opinion has significantly changed, which is a definite success.
In addition, participants discussed other aspirations, prospects and risks of the upcoming local elections, as well as how to avoid fraud and ensure transparency. Another focus of the discussion “Next local elections: risks or new opportunities” was the objective and impartial coverage of the electoral process by journalists. “Democracy does not exist without elections, and democratic elections do not exist without respect for the standards of free speech,”said Olexandr Burmagin, media lawyer, Executive Director of NGO “Human Rights Platform”, that was a member of the coalition of NGOs who conducted media monitoring of parliamentary and presidential elections in Ukraine with the support of the Council of Europe projects.
Nataliia Borovska warned against manipulation of statistical data in the media during the elections. “Sociological surveys affect voters and electoral environment, and thus, the results of the elections,” with these words she called on all participants to be more critical of the results of the sociological surveys that we see and hear in the news regarding candidates’ and parties’ election ratings.
“Both risks and opportunities of local elections are our way to democracy,” with such words addressed the audience Yuriy Miroshnychenko, member of the Central Election Commission and speaker of the forum. However, they are only part of Ukraine’s way to desired democracy. Like Alina Zagoruyko, Mr. Miroshnychenko emphasized the need and importance of cooperation and coordination between different authorities and suggested “uniting all stakeholders at the CEC platform as a neutral structure in order to develop effective mechanisms for drafting by-laws [on elections]”.
Free, fair and transparent elections in Ukraine are a priority for the Council of Europe. The current Council of Europe project “Supporting the transparency, inclusiveness and integrity of electoral practice in Ukraine”, in particular, aims to enhance the political and legal culture of voters, as well as the ability of public authorities to organize and conduct elections in accordance with European electoral standards and good practices.
Text and photos of Council of Europe Office in Ukraine website
In June 2018, Ukraine submitted the Eighth Periodic Report on Ukraine’s implementation of the International Covenant on Civil and Political Rights (hereinafter – the Covenant).
Nevertheless, the matters related to the conflict and its impact on the observance of human rights in Ukraine have not been properly reflected in the state report while ensuring the rights of conflict-affected people, including internally displaced persons, is one of the most urgent issues in the context of international armed conflict.
Therefore, the Coalition of NGOs working with the rights of internally displaced persons and those who reside on the temporarily occupied territories of Ukraine has drafted and tabled with the Committee the shadow report focusing specifically on the civil and political rights of conflict-affected people in Ukraine.
This submission provides brief summary on the issues discussed in more details in the shadow report, as well as specifies questions to the Government of Ukraine.
The authors of the submission have considerable experience in drafting and advocating for draft legislation in the field of protection of IDPs` rights, take part in working groups at line ministries, provide notable social, information and legal assistance to conflict-affected people and cover the events that take place on the temporarily occupied territories of Ukraine.
Download the shadow report
Internally displaced persons have been living in their new communities for up to five years, but the law does not yet consider them members of their communities when it comes to elections. IDPs cannot vote in local elections and are limited to elect half of the Parliament despite the Draft Law No.6240, that ensures this right, was developed in March 2017. Changing of electoral adrdress without changing residents registration is one the key prinsiple of this darft law.
Natalie Novykova presented situation on IDPs electoral rights at the Human Dimension Implementation Meetings (HDIMs) in Warsaw. Here is her speech:
This year, presidential and parliamentary elections were held in Ukraine. Unfortunately, more than 4,5 Ukrainian citizens, who are internally displaced persons and residents of temporarily occupied territories (TOT) of Crimea and Donbass, were not able to participate in the elections because of legislative gaps preventing them from exercising the right to vote. In Ukraine, the electoral address is tied to the registration of the citizen’s place of residence, which in turn often indicates ownership to the property at the address.Millions of Ukrainians, including IDPs, students and labor migrants do not live at their official registration address. In order to vote in President and Parliament elections at the place of factual residence, citizens must apply to the State Voter Registry and temporary change their voting place without changing their electoral address. The registration is not transferable: for each election a new application is required, even in the case of a two-round election. The presidential election was held over two rounds, thus affected citizens had to undergo this procedure twice within a few weeks. Big cities such as Kiev, Lviv, and Kharkiv have the highest concentration of IDPs and internal labor migrants. In these cities the procedure could take several hours or even days because queues quickly build up at the election register offices. I would like to emphasize that for internally displaced persons, this procedure is the only way they can participate in elections.During the presidential election, only 76,000 persons or 1% of the total number of IDPs and residents of TOT changed their voting place. Of all Ukrainian citizens who voted in a place different from their official address, IDPs made up every fourth person. Furthermore, this procedure is creating practical barriers for Ukrainian citizens who are residents of the TOT in Crimea and Donbas because it is a requirement that applications must be submitted in person. It is not possible to apply online or in another place than where you want to vote. This means that Ukrainian citizens must cross the contact line twice (there and back): first in order to submit the application and secondly, when they go and vote. This is associated with security risks and hazards, and is also expensive for many.In the parliamentary elections, the number of IDPs who changed their place of voting decreased by one third, to 47,000 citizens. Moreover, citizens who managed to change the place of voting were only entitled to one of the two ballots: they could elect MPs running on party lists, but could not vote for candidates in the single member constituencies. Thus IDPs could only vote for half of the Parliament.Internally displaced persons have been living in their new communities for up to five years, but the law does not yet consider them members of their communities when it comes to elections. IDPs cannot vote in local elections. Like any other citizens, IDPs work and pay taxes, and send their children to school or kindergarten in these communities. However, they have no influence over, who get elected city councilor mayor of their town. This hampers their integration in the local community and many IDPs experience a sense of being secondary citizens in their new communities. They should be able to vote in local elections and have a voice in the local democracy. If the legislation is not changed within a few months, the next local elections – currently scheduled for October 2020 – could again pass without participation of some 1.2 million citizens who live in these communities. Most IDPs have come to the decision that they are not going to return to their abandoned homes (according to surveys) and do not want to be treated differently than any other citizen. According to a recent survey among IDPs across Ukraine conducted by the International Foundation for Electoral Systems (IFES), almost half of them (45%) stated that they would prefer to vote for the local representative in the communities where they currently reside. Only 11% would want to vote at the place of origin. In the most recent survey from 2019, a plurality of IDPs say that it is important for them to be able to vote in local elections (15% of respondents consider it very important, and 34% somewhat important). This is a slight increase compared to last year. In 2018, the number was 48% (13% strongly agree that it is important and 35% somewhat agree).There are also citizens without resident registration among IDPs. IDPs children aging 14 years old receives passport or ID card without residence registration as theirs parents residents registration (property) is located at TOT. Consequently these citizens are not included into the Voting Register and have no right to participate in any elections.Given the above, we recommend:– The Parliament of Ukraine should amend the legislation to remove the legal and practical barriers that prevent IDPs and other mobile citizens to be able to register to vote at their factual place of residence based on the procedure elaborated in Draft Law 6240 and the registration should be transferable and not temporary;– The Ukrainian government should unlink the electoral address of citizens from their place of registration and consider transferring from the current outdated permission based system for residence registration to a system based on the citizen’s declaration of their address as in other modern European states.Veto of the Electoral Code made by the President of Ukraine in could be a good opportunity to include mechanism protecting electoral rights of IDPs especially in advance of the next local elections.Video
In 2013, the state of Ukraine submitted the Seventh Periodic Report on the implementation of the provisions of the International Covenant on Civil and Political Rights. Having considered this report, the Human Rights Committee issued its Concluding Observations containing a set of recommendations. They concerned improving anti-discrimination legislation, strengthening the Office of the Parliamentary Commissioner for Human Rights (Ombudsperson), combating torture, preventing domestic violence, etc. These recommendations – while remaining quite relevant today – do not feature a critical factor that emerged in 2014 and significantly impacted on the life of the entire Ukrainian society and the functioning of the Ukrainian state. This critical factor is the international armed conflict…
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Also you can read or download that text on the website of Office of the United Nations High Commissioner for Human RightsThe Coalition includes:● NGO “Donbas SOS,”● NGO “Crimea SOS,”● CF “Right to Protection” (Pravo na Zakhyst),● CF “Vostok SOS,”● NGO “Group of Influence” (Hrupa Vplyvu),● Programme of advisers on internally displaced persons implemented by the CF “Stabilization Support Services,”● NGO “Human Rights Information Centre,”
Brief Overview of Support Programmes for IDPs and Inclusion of IDP Issues to The Regional Development Plans[1]Prepared by Tetyana Durnyeva, Executive Director, NGO “GROUP of INFLUENCE”
Under support of the Council of Europe Project “International Displacement in Ukraine: Building Solutions” within the framework of the Council of Europe Action Plan for Ukraine 2018-2021
On 15 November 2017, by Decree of the Cabinet of Ministers of Ukraine No. 909-p, the Strategy for the Integration of Internally Displaced Persons and the Introduction of Long-term Solutions to Internal Displacement until 2020 (hereinafter referred to as “the Strategy”) was approved.
For some territorial communities, internally displaced persons have become an additional resource, especially for those where institutions and enterprises have been transferred to from temporarily occupied territories. At the same time, many territorial communities with a large number of IDPs have faced additional load on a limited local infrastructure, the Strategy reads.
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[1] The opinions expressed in this background paper are the responsibility of the author and do not all necessarily reflect the official policy of the Council of Europe.