“Restoring Donbas” calls on the Cabinet of Ministers to eliminate the gaps in the work with IDPs
14:42 / 12 Nov. 2015 / 413
The new law guarantees the rights and freedoms of IDPs. It was adopted by the Verkhovna Rada on November 3. It has a number of positive aspects. However, it can face to traditional disregard for the IDP’s problems by the government. Such concerns were expressed by the experts of community initiative “Restoring Donbas”. They have analyzed the work of the Cabinet during the last year.
According to adopted law, the state has to create all the conditions for the returning of IDPs back home and for their integration in new place of residence after its entry into force. At the same time, experts have doubts concerning the government’s ability to resolve these global issues.
By November 2015, the Cabinet of Ministers has delayed the adoption of a comprehensive state program of support and social adaptation of IDPs for more than nine months. Law №1706-VII, which obliged the government to develop such a program, came into force a year ago, on October 20, 2014, “- Marina Tatarintseva, the head of the legal department in «Restoring Donbas», stated.
In addition, she reminded about the terms of three other working fields of the Cabinet with IDPs and the residents of ATO area:
— the development of the order of repayment of salaries, scholarships and pensions, which have accumulated during ATO (the law №85-VIII came into force in February and ordered the Cabinet to submit this order in March 2015);
— the adoption of the program of support in order to obtain vocational and higher education for children, whose parents died in Donbas, as well as for children of IDPs (Law №425-VIII ordered the Cabinet to develop it by July 5, 2015);
— approval of the procedure of movement of goods from the regions and districts in ATO area (Law №649-VIII, came into force on August 23, 2015).
In addition, M.Tatarintseva also noted that November is the deadline, which was provided to the Cabinet of Ministers in order to develop the Plan of Implementation of the National Strategy in human rights field during the period up to 2020. Among other things, the issue of IDP’s rights is separately represented in this strategy.
The law itself, which was adopted by the Verkhovna Rada, was positively assessed by public figures. One of its shortcomings is unresolved issue on the employment of IDPs. According to the new provisions, the IDPs got an opportunity to retire from the enterprises, which remained on the uncontrolled territory of actual place of temporary residence. However, it was not defined who would make changes in their employment records. The Center of complex advisory help to IDPs, which was opened in Kiev by «Restoring Donbas», points out the scale of the problem,
“There are plethora phone calls on a hotline, which are related to this issue, from both the IDPs and legal entities. The Labour Code clearly fixes – the employer must add the record on the dismissal. If there is no record and other mechanisms of termination of employment, it creates problems for IDPs with employment, “- Inna Mishina – head of the Center – stated. The lawyers of the initiative state that temporary amendments to the Code can be a solution during the ATO. It would allow IDPs to obtain necessary record from their new employer.
During the discussion on the problems of the Cabinet of Ministers in the implementation of relevant programs and practices for IDPs, «Restoring Donbas» noted that the government should think about the creation of a working group on forced solution of accumulated problems. Involvement of the public should be a prerequisite of such group.
Let us remind the on Tuesday, November 3, the Verkhovna Rada of Ukraine adopted the Law “On amendments to some laws concerning the strengthening of guarantees of the rights and freedoms of internally displaced persons.” The new provisions clarify the notion of «internally displaced person», improve the issue and procedure of obtaining a registration certificate and documents of IDPs, etc. The law will come into force if it is signed by the President of Ukraine, after publication in the official sources.