Available in Ukrainan. English version to be published soon.
Internal Displacement in Ukraine: Building Solutions
PROJECT BACKGROUND
The Project will empower internally displaced persons (IDPs) in Ukraine as agents of change in affecting the human rights framework and access to justice in Ukraine. The project will inter alia do so by ensuring that all processes pursued with major partners include the direct participation and agency of IDPs themselves. Engagement and contribution of women in the overall activities of the Project will also be ensured. This approach reflects the fact that 59.6% of IDPs in Ukraine are women, and highlights the need for gender-sensitive policies in the field.
The Project will be carried out in the framework of the Council of Europe Action Plan for Ukraine 2018-2021.
By placing IDPs themselves and women at the heart of each pillar of the Project, the Project not only focuses its human rights approach on Council of Europe standards as such, but on the fundamental aspects of agency, empowerment, non-discrimination, participation and gender-balance through all mechanisms of the Project. By locating the essence of change with IDPs themselves, displaced professionals and displaced institutions, along with other stakeholders working on internal displacement, the parameters for more long-term, sustainable process of change are forged. Through all three pillars of the Project, which are weaved together, the skills of key stakeholders are simultaneously trained and applied so as to be of direct and concrete use for beneficiaries. Furthermore, this approach highlights the positive stories and images of internally displaced persons as a skilled resource for Ukraine, and as agents of varied capacities, including in shaping an enhanced human rights framework and greater access to justice in Ukraine at large.
The Project will build upon the achievements of the previous project “Strengthening the Human Rights Protection of Internally Displaced Persons in Ukraine”, which has been implemented under the Ukraine Action Plan 2015-2017. The achievements made so far are significant in the most demanding of circumstances. It is important that the results achieved in the last two years are further enhanced and their sustainability ensured. Policies in key areas for IDPs where the Council of Europe has unquestioned authority and expertise – such as access to justice, housing and property rights, and integration – will be further enhanced.
The Project corresponds to the specific needs and requests of beneficiaries and Project partners.
PROJECT DESCRIPTION
Project Title «INTERNAL DISPLACEMENT IN UKRAINE: BUILDING SOLUTIONS»
Duration: 30 months (April 2018 – September 2020)
Funding: Voluntary Contribution
Overall objective: strengthening the capacities of internally displaced persons, displaced professionals, displaced institutions and other key stakeholders to improve the human rights protection of IDPs in Ukraine.
Pillar 1:
Enhancing competencies of IDPs and displaced professionals in improving services for and by IDPs, as well as strengthening capacities of displaced institutions and other key stakeholders working on IDP-issues through tailor-made tools and trainings, with distinct focus on access to justice, housing- and property rights.
Pillar 2:
Strengthening the legal and regulatory framework on internal displacement, in particular through improvement of laws and court practices as regards access to justice, housing and property rights, with active contribution and participation of IDPs, displaced professionals and displaced institutions in the process.
Pillar 3:
Empowering IDP agency and integration at local and regional level through engaging internally displaced persons, IDP-led NGOs, displaced professionals and displaced institutions, as well as other stakeholders working on IDP-issues, in designing and implementing local/regional grant schemes addressing issues where IDPs are most in need.
Target groups: internally displaced persons, displaced professionals, displaced institutions; national policy-makers, national, regional and local authorities working on IDP issues, civil servants, judges, lawyers, civil society organizations and IDPs.
Final beneficiaries: IDPs and communities hosting IDPs.
Implementer: The Council of Europe Human Rights Policy and Development Department Directorate General of Human Rights and Rule of Law.
NATIONAL PARTNERS
Ministry of Temporarily Occupied Territories and Internally Displaced Persons of Ukraine
Ministry of Social Policy of Ukraine
Ministry for Regional Development, Building and Housing of Ukraine
Ministry of Education and Science of Ukraine (Department of Higher Education)
Office of the Parliament Commissioner for Human Rights (Office of the Ombudsperson)
State Fund for Youth Housing Assistance
Coordination Center for Legal Aid Provision
National School of Judges of Ukraine
Notary Chamber of Ukraine
Displaced universities
Civil society organisations and local authorities
PROJECT in 2021-2022
The Project will encompass three major components:
I. Advancing the scope and implementation of the legal and regulatory framework on the protection and restoration of human rights of IDPs and other conflict-affected civilian population
II. Strengthening local authorities in responding to the needs of IDPs and conflict-affected population
III. Facilitating the integration of IDPs by promoting and implementing target digital solutions
STRENGTHENING THE HUMAN RIGHTS PROTECTION OF INTERNALLY DISPLACED PERSONS IN UKRAINE 2015-2017
SOCIAL AND PROPERTY RIGHTS of IDPs
Special Report on the observance of the rights of persons affected by the armed aggression of the Russian Federation against Ukraine (in English, 2022)
Housing cooperatives for IDPs: experience and recommendations (in Ukrainian, 2022)
Advancement of the regulatory and legal framework on the state register of damaged and destroyed property (in Ukrainian, 2022)
Strategy for the Integration of IDPs and Implementation of Medium-Term Solutions to Internal Displacement until 2024
Operational Plan for the implementation of the Strategy in 2021–2023
Enhancing the National Legal Framework in Ukraine for Protecting the Human Rights of Internally Displaced Persons. Revised Baseline analysis (in Ukrainian, 2019)
Ensuring Compensation and Restitution, Housing and Social Protection of IDPs: European Experience (in Ukrainian, 2020)
Ensuring Compensation and Right to Housing for IDPs: Bosnia and Herzegovina, Croatia, Cyprus, Georgia, Moldova and Serbia (presentation in Ukrainian)
Manual “Social Rights of IDPs” (in Ukrainian, 2020)
Manual “Social Payments and Allowances for IDPs” (in Ukrainian, 2019)
Legal statements of the Supreme Court of Ukraine on the protection of social rights (in Ukrainian, 2020)
Draft Law of Ukraine "On additional measures for the protection of housing rights of persons under special circumstances" (in Ukrainian)
Draft Law of Ukraine "On the protection of housing rights of internally displaced persons
and other affected persons" (in Ukrainian)
Draft Law of Ukraine "On the restitution of property and payment of compensation
to internally displaced persons, refugees and other affected persons" (in Ukrainian)
INTERNAL DISPLACEMENT and ACCESS TO JUSTICE
Judicial protection of IDP rights and war-affected people in Ukraine. Training materials for judges (in Ukrainian, 2022)
National court practice on internal displacement: applying the Council of Europe standards (in Ukrainian, 2020)
National court practice on internal displacement: applying the Council of Europe standards (in Ukrainian, 2019)
The Constitutional court of Ukraine and case law of ECtHR (in Ukrainian, 2020)
Legal Consequences of Determining a Normative Act Unconstitutional for the Protection of Human Rights in Administrative Justice Process. Collection of the Workshop Materials (Ukrainian& English, 2020)
Human rights and internal displacement: European standards and constitutional jurisprudence (in Ukrainian, 2020)
Legal Aid in Ukraine 2019. Report of the Coordination Center for Free legal Aid Provision (in Ukrainian, 2019)
Report of the Supreme Court of Ukraine, 2019
Analysis "Access to services, legal aid and justice for IDPs and affected persons" (in Ukrainian, 2019)
Comparative analysis and recommendations on the recognition of documents issued on NGCA (in Ukrainian, 2020)
PSYCHOLOGICAL SUPPORT
Toolkit "Traumatic events: psychological support and self-care" (in Ukrainian, 2022)
Trauma-Informed Youth Work: training course manual (in Ukrainian, 2022)
Leaflet “Basic tips on working with psychological trauma” (in Ukrainian, 2020)
Leaflet “Basic tips on working with psychological trauma” (in Russian, 2020)
SELECTION OF COUNCIL OF EUROPE STANDARDS RELEVANT TO RIGHTS OF IDPS
TRANSLATED INTO UKRAINIAN
PACE Recommendation N 1877 (2009) «Europe’s forgotten people: protecting the human rights of long-term displaced persons» from June 24, 2016
PACE Resolution 1708 (2010) «Solving property issues of refugees and internally displaced persons» from 28 January 2010
Recommendation Rec(2006)6 of the Committee of Ministers to member states on internally displaced persons adopted on 5 April 2006
PACE Resolution 2133 (2016) on Legal remedies for human rights violations on the Ukrainian territories outside the control of the Ukrainian authorities
PACE Resolution 2132 (2016) on Political consequences of the Russian aggression in Ukraine
PACE Committee on Legal Affairs and Human Rights Report (Doc. 14139) on legal remedies for human rights violations on the Ukrainian territories outside the control of the Ukrainian authorities
PACE Committee on Political Affairs and Democracy Report (Doc. 14130) on Political consequences of the conflict in Ukraine
PACE Resolution 2198 (2018) on Humanitarian consequences of the war in Ukraine
SELECTION OF ECtHR CASE LAW RELEVANT TO RIGHTS OF IDPS
TRANSLATED INTO UKRAINIAN
Documentation
Mozer v. the Republic of Moldova and Russia (Application no. 11138/10), 23 February 2016 (now available in Ukrainian)
Effective control and jurisdiction
Cyprus v. Turkey, judgment 10 May 2001 (now available in Ukrainian)
Loizidou v. Turkey, judgment of 23 March 1995 (now available in Ukrainian)
Ilascu and others vs. Moldova and Russia (now available in Ukrainian)
Family life and movement restrictions
Cyprus v. Turkey, judgment 10 May 2001 (now available in Ukrainian)
Family life and home in the context of strong family connection
Menteş and Others v. Turkey (Application no 23186/94) (1998) (now available in Ukrainian)
Home and private life
Sargsyan v. Azerbaijan, judgment 16 June 2015 (now available in Ukrainian)
Demades v. Turkey, judgment 31 July 2003 (now available in Ukrainian)
Adequate housing
Dogan and Others v. Turkey, judgment of 29 June 2004 (now available in Ukrainian)
Gulmammaldova v. Azerbaijan, judgment 22 April 2010 (now available in Ukrainian)
Social benefits under Protocol 1, Article 1
Stec and Others v. the United Kingdom [GC], decision 6 July 2005 (now available in Ukrainian)
Entitlement to pension
Pichkur v. Ukraine, judgment 7 November 2013 (now available in Ukrainian)
Property redress mechanism
Xenides-Arestis v. Turkey, judgment 22 December 2005 (now available in Ukrainian)
Education and language of instruction
Catan and Others v. Moldova and Russia [GC], judgment of 19 October 2012 (now available in Ukrainian)
Electoral rights (registration and elections)
Aziz v. Cyprus, judgment of 22 June 2004 (now available in Ukrainian)
Inter-State applications
Georgia v. Russia (II) [GC] Decision on admissibility application no. 38263/08
ECtHR CASES RELATED TO INTERNAL DISPLACEMENT IN UKRAINE
Case of Lisnyy and two others v. Ukraine and Russia
Case of Polovynko and three other applicants v. Ukraine and Russia
Tzezar and six other applicants v. Ukraine
Case of Selygenenko and Others v. Ukraine
Grand Chamber Admissibility Decision in the case of Ukraine v. Russia (re Crimea) (app nos 20958/14 and 38334/18)
Other relevant cases
Press Release "Numerous rights abuses during Ukraine’s Maidan protests", 21.01.2021
HUMAN RIGHTS IN TIMES OF TRANSITION
ARTISTS REFLECT INTERNAL DISPLACEMENT
MIGRATION ISSUES
If you provide housing for IDPs
If you an employer of IDPs
Activities of the grantees of the Project in 2019-2020
Contact Information
Ganna Khrystova, Senior Project Officer (Kyiv)
Serhii Marushchenko, Project Officer
Oleksii Murashkevych, Project Officer
Anastasiia Yelina, Project Assistant
Council of Europe Office in Ukraine
8 Illinska Street, Entrance 7, 04070 Kyiv, Ukraine
Tel.: + 380 44 425 60 01 (ext. 135)
Fax: +380 44 425 02 62 (ext. 111)