The new Law for IDPs can remain a declaration of intentions – “Restoring Donbas”
9:47 / 13 Jan. 2016 / 309
The Law on strengthening the guarantees the rights and freedoms of IDPs, which came into force on January 13, can become unfeasible due to the current approach of the Cabinet concerning the problems of internally displaced persons. Such concerns were expressed by experts of the community initiative “Restoring Donbas” during the analysis of the government’s work for the past year.
According to the adopted law, the state must create conditions both for returning of IDPs back home, and integration on the new place of residence. However, nowadays, the Law on the rights of IDPs (which came into force in late 2014) still is not carried out. Therefore, there is a risk that most of the provisions of the new Law will remain a state’s declaration of intentions concerning the IDPs.
“There is a Law” On protection of the rights and freedoms of internally displaced persons”, which was adopted in October 2014. According to the Law, the Cabinet was obliged to work out long-term program for employment, housing and social protection of IDPs till March 2015. By the end of last year, only one such program was adopted with more than a nine-month delay. It regulates the construction of housing and the creation of new job places. However, there is no mechanisms for its implementation”- Marina Tatarintseva – the head of the legal department in Restoring Donbas – stated.
In addition, she recalled about the previous terms of three other working areas of the Cabinet concerning the IDPs and residents of ATO area:
— development of the procedure of repayment of salaries, scholarships and pensions that have accumulated during the ATO (the Law №85-VIII came into force in February and obliged the Cabinet to submit such procedure in March 2015);
— adoption of support programs for vocational and higher education for children, whose parents died in Donbas, as well as for children of IDPs (Law №425-VIII obliged the Cabinet to work our it till 5 July 2015);
—approval the order of movement of goods from the regions to ATO zone (Law №649-VIII, came into force on August 23, 2015).
We would like to note that the Law, which came into force today, defines the Ministry Social Policy as the main authority, which ensure the rights and freedoms of IDPs. In particular, the Ministry has the function of working out the state programs on support and resolve of social and domestic issues of IDPs. In addition, Ministry Social Policy should bring all the decisions of the Government and its own regulations into line with current amendments.
The experts from “Restoring Donbas” positively describe the Law, which came into effect today. One of its shortcoming is unresolved question of termination of labor relations with employers, who have remained on the uncontrolled territory.
In particular, it comes about the procedure of note of dismissal in the labor book. Experts of community initiative paid the Ministry’s Social Policy attention to this issue before the first vote for the law. However, they received a reply after its adoption.
Thus, this response was formal and did not give any explanation.
Lawyers from «Restoring Donbas» has repeatedly stated that there is one way out of a problematic situation with the labor book, namely, it comes about introduction of temporary alterations into a profile Code. It should allow IDPs from ATO area to obtain necessary notation in the labor book from their new employer. However, such offer from experts of the initiative has not been taken into account.
According to experts from “Restoring Donbas”, the Cabinet of Ministers should think about the creation of a working group on prompt solutions of the accumulated problems. The involvement of the public should become a sine qua non of such group.
Let us recall that the Law «On Amendments to Certain Legislative Acts of Ukraine to strengthen the guarantees of the rights and freedoms of internally displaced persons» was adopted by the Verkhovna Rada on November 3, 2015. However, it was sent to the President for revision.
December 24, Parliament adopted the document again, and on January 6, 2016 the Law was signed. The new provisions clarify the concept of internally displaced person, improve the issue and the procedure of obtaining the certificates of IDPs, cancel the validity of a registration certificate and residence of immigrants, etc.
In addition, let us recall that on December 28, 2015, according to the Ministry Social Policy of Ukraine, 1 million. 673 thousand. 135 IDPs have been registered (or 1 million 320 thousand 162 families from Donbas and Crimea).
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