Littérature scientifique sur le sujet « Internally displaced persons – Legal status, laws, etc »

Military events in Ukraine in recent years and months have forced people and families to leave their homes and move to safer places to seek protection and assistance. For Ukraine, social work with internally displaced persons, migrants, and internal migrants is a fairly new type of activity for social workers. The article analyzes the state and the problem of internally displaced families, describes the domestic experience. The concept of "internally displaced person" is highlighted, which is currently prescribed at the legislative level. The basic needs of internally displaced persons, features of their registration are revealed. Psychological problems are one of the main problems of families of temporarily displaced persons. Attention is paid to the analysis of the legal framework on this issue and the work of institutions and agencies that provide social support and assistance to internally displaced persons in Ukraine. At the legislative level, the status of internally displaced persons, rights and freedoms, types and forms of assistance, obtaining documents, etc. are defined. Today in Ukraine they provide assistance and support to this category of service recipients both at the state and non-state level. Among the main areas of work at the state level are the provision of material assistance, housing and employment. In addition, volunteer organizations play an important role in this process. Volunteers from all over the world and Ukraine are actively working to raise funds, food, hygiene products, medicines and more. The article provides information on the migration of internally displaced persons outside the country. But the problems of internally displaced persons and their needs are poorly understood. At the same time there is a need to develop technologies, forms and methods of socio-pedagogical, psychological work with internally displaced persons. Prospects for further research can be the development of technologies, forms and methods of socio-pedagogical, psychological work with internally displaced persons.

The weaknesses of the legal framework of social protection of internally displaced persons (IDPs) in Ukraine have been analyzed. Among them are legal conflicts between legal acts, absence of the mechanism of providing IDPs with free temporary housing and compensation for lodging destroyed. The following challenges arise under the exercise of rights of IDPs: the amount of targeted aid has not changed since October 1, 2014; limitation of the freedom of movement for IDPs; limited practice ability of granting the right for the easy terms of studying at University (may be met by additional grants, charge-free rooms at the dormitory, free books and manuals, free Internet access etc.);the collection of legal charge for filing a lawsuit in court seeking protection of the rights of IDPs; service troubles of Single IDP Data Base. The issues of the lack of money for living, employment, provision of medical and psychological aid, the lack of selection criteria for the provision of IDPs with social services depending on their welfare, social status etc. are also pressing. Keywords: Internally Displaced Persons (IDPs), IDP registration reference, anti-terrorist operation (АТО), Single IDP Data Base, Ministry of Temporarily Occupied Territories and IDPs of Ukraine (МТОТ)

The relevance of the article is that the difficult situation in the eastern regions of our country, the occupation of the Autonomous Republic of Crimea, led to forced internal displacement of persons in Ukraine, and thus the emergence of a new entity that needs rights and freedoms. The legal form of state fixation of relations that arise in the system of its relations with a person, as well as the relations of persons with each other, is carried out precisely by normative consolidation of a set of rights and obligations that form the legal status of the subject. In this context, the category of the structure of this legal phenomenon, and hence the elements that are part of its content, becomes important. The purpose of this article is to study the structural elements that are part of the legal status of internally displaced persons in Ukraine, the analysis of the interaction of such elements of the structure with each other and with other legal phenomena. The article is devoted to research of problematic issues of determining the structural elements of the legal status of internally displaced persons in Ukraine, analysis of relationships between them, as well as other legal phenomena that affect the rights, freedoms and responsibilities of this entity. Author analyzes various doctrinal approaches to the issue of filling the internal structure of the legal status and on this basis proposes those elements that are part of the structure of this legal category. In particular, it is proved that the position of scholars regarding the allocation of a narrow and broad approach to determining the structural elements of the legal status is quite artificial. It is emphasized that freedoms should also be considered as a structural element of a person's legal status, as they are formally defined in regulations. This is confirmed by the very title of the second section of the Basic Law of Ukraine: "Rights, freedoms and responsibilities of man and citizen." Moreover, the second article of the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons” stipulates that Ukraine shall take all possible measures provided by the Constitution and laws of Ukraine, international treaties, which have been approved by the Verkhovna Rada of Ukraine. observance of the rights and freedoms of internally displaced persons.

The article is dedicated to the comprehensive study of the problems of the general theoretical features of the internally displaced persons legal status (IDPs) in Ukraine during the war as the most acute period of socio-legal anomie, when all citizens of the state are negatively affected by military actions. It was found that the provision of psychological assistance to the IDPs is an important aspect, which allows people who live in difficult conditions to emotionally and psychologically stabilize their state and, as a result, avoid certain illegal actions and not become the object of criminal encroachments by offenders. The IDPs have all the rights of citizens of Ukraine and certain rights provided by their status. The procedure for citizens of their rights realization outside of their permanent residence may be complicated by the IDP's certain documents lack, their loss, or ignorance of their rights as the IDPs. The problems of children rights compliance who have become internally displaced persons are emphasized. In Ukraine, targeted state support is provided to children registered as internally displaced persons. Along with solving the material and household aspects of life, it is also necessary to prevent manifestations of illegal behavior among children, bullying, etc. The preventive work of juvenile prevention bodies, together with psychological services, should be aimed at integrating the minor into a new environment based on the principles of legality and compliance with the rights of the child. It is noted that an important aspect is the provision of free legal aid to the IDPs. In the cities that host the main number of IDPs, it is possible to get qualified legal assistance in the premises of railway stations regarding the main issues of the registration procedure, temporary settlement, food, medical and social assistance. Social solidarity and interaction of all citizens is highly important. The state should show maximum support for the specified category of citizens in order to prevent violation of their rights and freedoms, manifestations of illegal behavior of these persons and towards them, as well as, with the aim of avoiding the mass Ukrainian refugees flow due to the imperfect system of ensuring the basic rights of IDPs by relevant services and authority structures.

The article substantiates the Ukrainian system of guarantees of the rights and freedoms of internally displaced persons to determine ways to increase their effectiveness in martial law. Research on the legal status of IDPs in Ukraine has been conducted since 2014, but a new wave of forced displacement has provoked numerous changes and transformations in this special status. In addition, Russia's full-scale invasion has caused countless new challenges. Therefore, further research and justification of the legal status of IDPs are essential. General guarantees include political, economic, social, ideological and cultural guarantees. We propose to include normative-legal and organizational-legal to special (legal) guarantees. The effectiveness of the guarantee depends on the interconnectedness of all types of guarantees and their coordinated functioning. Development of normative-legal and institutional guarantees, clearly conditioned by the existence of a number of general legal guarantees (political, economic, social, cultural and ideological). The condition for restoring the violated rights and freedoms of Ukrainians, obtaining fair satisfaction is the investigation of numerous crimes and violations of international law, as well as the prosecution of criminals. Under martial law, laws are passed quickly and on an extraordinary scale, which is justified. But such rates are not commensurate with society's usual expectations of legal regulation. Therefore, it is essential to be widely informed at the national and municipal levels about changes in legislation, especially in the interests of internally displaced persons. One of the conditions for evacuating civilians from the war zone and blocked territories is confidence in support and protection from the state and society. It is vital to minimise bureaucratic procedures and simplify administrative and social services access.

This article explores the concept and specialties of the administrative and legal status of women who suffered as a consequence of armed conflict in Ukraine. The analysis confirms that the administrative and legal status of women, who have suffered as a result of an armed conflict, safeguards their legal position in relations to the executive bodies, promotes their rights, and ensures that their interests are protected by law when appealed to the certain administrative bodies. Women who have been affected by an armed conflict have a general administrative legal status, as do other citizens. Their legal capacity shall not be different from any other person. At the same time, their administrative capacity may be of limited or broader nature due to the acquisition of additional statuses, such as internally displaced persons (referred to as IDPs), single mothers, participants in hostilities due to the armed aggression of the Russian Federation. Administrative legal status assumes the presence of an administrative legal personality, that consists of an administrative capacity, dispositive capacity, and delictual dispositive capacity. On the basis of this analysis, the following categories of women who suffered as a consequence of armed conflict were identified: women who left the temporarily occupied areas of Donetsk and Luhansk regions and acquired IDP status; single mothers; women participating in an anti-terrorist operation to ensure national security and defense, to repel and deter the armed aggression of the Russian Federation in Donetsk and Luhansk regions; women who remained in the occupied territory. Victims of an armed conflict may acquire both general and special administrative legal status. At the same time, the acquisition of a special administrative legal status (for example, IDPs) creates certain restrictions in the implementation of certain social and suffrage rights of women who have been affected by the armed conflict. The administrative capacity of such women shall be no different from the general capacity of any other citizens, but in fact, the legal capacity of women who have been granted IDP status (right to freedom of movement, right to vote in local elections) is limited, even despite the fact that these rights and freedoms are guaranteed by the Constitution of Ukraine and other laws. Special status for persons who remain in the occupied territory also implies limitations to their legal capacities. The state has established a special system for the movement of persons and goods through the line of demarcation. Ukraine cannot guarantee the majority of constitutional rights and freedoms due to certain parts of its territories being occupied by a country-aggressor. Further research requires a distinct analysis of the issue of reintegration of the occupied territories of Ukraine. Keywords: administrative legal status, general administrative legal status, special administrative legal status, internally displaced person, administrative capacity, dispositive capacity.

The article deals with a common problem for the member states of the Council of Europe related to a large number of displaced persons who find themselves in a new society, which determines the processes of integration of refugees and persons in need of temporary protection. Due to the aggression of the Russian Federation, there is a new wave of displaced persons in European countries who, in accordance with EU law, may be granted the status of a person in need of temporary protection. It is determined that integration is a process that should be influenced through the implementation of appropriate public policies. Integration of migrants and persons in need of temporary protection will make their social exclusion impossible. To accelerate the integration processes, the States need resources, one of the sources of which is the Council of Europe Development Bank. The legal status of the Development Bank of the Council of Europe, which is a financial institution whose main purpose is to perform social tasks, in particular to solve problems related to the presence of refugees, is investigated. The Council of Europe Development Bank was established through the signing of a partial agreement of the Council of Europe, which allows states to choose to participate in this agreement or not. It is advisable for Ukraine to become a member of the Council of Europe Development Bank in order to use the appropriate financial mechanisms to realize the rights of internally displaced persons. The sources of formation of the fund and directions of their use are determined. One of the target funds of the Council of Europe Development Bank is the Migrants and Refugees Fund, which supports the member states of the Council of Europe Development Bank in accommodating migrants and refugees arriving on their territory by providing grants and loans to these states. This provides additional resources for the social integration of refugees and persons in need of temporary protection. These resources are needed for social assistance, accommodation of these persons, medical care, language courses, etc. that will ensure their social integration into the society of the host country. Thus, the Development Bank of the Council of Europe is an element of the system of guarantees of the rights of refugees and persons in need of temporary protection, helping member states to implement policies of integration of these persons.

As countries throughout the world move towards universal health coverage, the obligation to realise the right to health for undocumented migrants has often been overlooked. With unprecedented millions on the move – including refugees, asylum seekers, internally displaced persons, and returnees – undocumented migrants represent a uniquely vulnerable subgroup, experiencing particular barriers to health related to their background as well as insecure living and working conditions. Their legal status under national law often restricts access to, and affordability of, healthcare services. While striving to ensure health for all, national governments face challenging priority setting dilemmas in deciding: who to include, which services to provide, and how to cover out-of-pocket expenses. Building on comparative experiences in Norway, Thailand and the United States – which reflect varied approaches to achieving universal health coverage – we assess whether these national approaches provide rights-based access to affordable essential healthcare services for undocumented migrants. To meet the shared Sustainable Development Goal on universal health coverage, the right to health must be realised for all persons – including undocumented migrants. To ensure universal health coverage in accordance with the right to health, governments must evaluate laws, regulations, policies and practices to evaluate: whether undocumented migrants are included, to which services they have access, and if these services are affordable. Achieving universal health coverage for everyone will require rights-based support for undocumented migrants.

The armed aggression against the Republic of Bosnia and Herzegovina ended with the signing of the General Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Agreement), initialed in Dayton on November 21, 1995, and signed on December 14, 1995 in Paris „in Bosnian, Croatian, English and the Serbian language“. The Dayton Agreement confirmed the fact that the Federal Republic of Yugoslavia had real control (power) over the so-called Republika Srpska. Annex 4 of the Dayton Agreement determined the internal structure of Bosnia and Herzegovina. There are two entities in the internal structure of Bosnia and Herzegovina: the Federation of Bosnia and Herzegovina, which consists of 10 cantons, and the Republika Srpska. Apart from the two entities, there is also the Brčko District of Bosnia and Herzegovina, which was created by the Decision of the International Arbitration Court. It was established on March 8, 2000. According to the Dayton Agreement, the Republic of Bosnia and Herzegovina, whose official name became „Bosnia and Herzegovina“, continues its legal existence under international law as a state with its internationally recognized borders. It remains a member of the United Nations, and as Bosnia and Herzegovina may retain membership or request membership in organizations within the United Nations system and in other international organizations. The Constitution of Bosnia and Herzegovina (Annex 4 of the Dayton Agreement) guarantees human rights and „fundamental freedoms“. Bosnia and Herzegovina and the Entities, according to the Constitution, will ensure „the highest degree of internationally recognized human rights and fundamental freedoms.“ For this purpose, the formation of the Commission for Human Rights is also envisaged, as provided for in Annex 6 of the General Framework Agreement. The issue of the return of refugees and displaced persons is addressed in Annex 7 of the Dayton Agreement, entitled „Agreement on Refugees and Displaced Persons“. According to Annex 7, all refugees and displaced persons have the right to return freely to their homes and have the right to restitution of property confiscated from them during hostilities since 1991 and to receive compensation for all property that cannot be returned to them. The „Agreement“ states that the return of refugees and displaced persons is an important goal of resolving the conflict in Bosnia and Herzegovina. In the period 1995-2020. The authorities of the Bosnian-Herzegovinian entity of Republika Srpska did not give up on the project of „separation of peoples“. The implementation of Annex 7 of the Dayton Agreement has been obstructed in various ways: by killings, beatings, intimidation, attacks on religious buildings and in other ways. Obstructions in the implementation of Annex 7 were also carried out in the entity of the Federation of Bosnia and Herzegovina. However, this was not as pronounced as in Republika Srpska. The first return of displaced persons (refugees and displaced persons) was to the settlement of Mahala, which until the Dayton Agreement was located in the municipality of Kalesija and after Dayton in the municipality of Osmaci in the entity of Republika Srpska. It was August 24, 1996. This was followed by the return of Bosniaks to the settlements of Jusići and Dugi dio in the municipality of Zvornik and Svjetliča in the municipality of Doboj. These events also marked the official start of the implementation of Annex 7 of the Dayton Peace Agreement in Bosnia and Herzegovina. Although the Dayton Agreement guaranteed the return of the exiles, everything went much harder on the ground, and there were also human casualties. Between 1992 and 1995, approximately 2.2 million people in Bosnia and Herzegovina were forced to flee their homes as a result of the war against Bosnia and Herzegovina. About 1.2 million people have applied for refugee protection in more than 100 countries around the world, while countries in the region have accepted about 40% of the total number of refugees from Bosnia and Herzegovina. Almost one million people were internally displaced in Bosnia and Herzegovina. At the beginning of 2003, the Strategy of Bosnia and Herzegovina for the Implementation of Annex 7 of the Dayton Agreement was adopted. It was the first, at the level of the state of Bosnia and Herzegovina, harmonized, framework document which sets goals and plans the necessary actions and reforms towards the final implementation of Annex 7 of the Dayton Agreement. According to the 2015 UNHCR Annual Statistical Report, the number of refugees from Bosnia and Herzegovina outside the country was 18,748. Of these, 9,080 had refugee status in Serbia, 4,055 in France, 2,274 in Switzerland, 1,412 in Germany, and the remaining number in other countries. It is estimated that at the end of 1995 there were about one million displaced persons, accounting for almost a quarter of Bosnia and Herzegovina's pre-war population. The first comprehensive, official census of displaced persons in Bosnia and Herzegovina was conducted at the end of 2000, when 557,275 displaced persons were registered. The 2005 audit of the status of displaced persons identified 186,138 displaced persons in Bosnia and Herzegovina. According to the data of the Ministry of Human Rights and Refugees from 2016, there were 98,574 displaced persons in Bosnia and Herzegovina, of which 38,345 or 40.6% were displaced in the Federation of Bosnia and Herzegovina, 59,834 or 58.8% in the Republika Srpska and 395 or 0.5% in the Brčko District of Bosnia and Herzegovina. In the ethnic structure of displaced persons, according to the head of household - families, 32.7% (10,667 families and 30,920 persons) are Bosniaks, 60.0% (19,565 families and 60,737 persons) Serbs, 6.7% (2,195 families and 6,374 persons) Croats and 0.6% (184 families and 542 persons) Others. According to the 2016 data of the Ministry of Human Rights and Refugees, by the end of 2016, around 341,000 housing units had been built or renovated in Bosnia and Herzegovina. In the Bosnian entity of Republika Srpska, the Bosnian language is denied. Teaching in the Bosnian language is prohibited, and the language is called the non-existent Bosniak language. This discriminates against students who want their language to be called Bosnian. In addition, high-ranking officials from the Republika Srpska in public appearances deny the state of Bosnia and Herzegovina and Bosniaks as a people, deny genocide against Bosniaks, which affects the perspective of the people of this area. Streets in cities bear the names of war criminals from the Second World War and the period of aggression against the Republic of Bosnia and Herzegovina, busts of war criminals are being built, schools and other state institutions are being „sanctified“, etc. In the period 1995-2020. Annex 7 of the Dayton Agreement was not fully implemented in 2006, as an important factor in the reintegration of Bosnia and Herzegovina and the recognition of the results of armed aggression and genocide against Bosniaks.

The conflict in Donbass is the greatest problem of Ukraine. As a result of this conflict, Ukraine has lost a part of its territory, a lot of money etc. But it is only a part of the problem. Some problems are invisible and arise only after a certain period of time. One of these problems is internally displaced persons. The article examines the problems that arise in the practice of realization of the rights of internally displaced persons in Ukraine and outlines possible ways of further work of state authorities of Ukraine in this area. The problem of internally displaced persons is nationwide since it concerns a very large number of people and is extremely important from a political point of view. It should be noted that the state is trying to resolve this problem in every possible way, but many issues remain unsolved regarding internally displaced persons, which led to the choice of the topic of our research. Speaking about the state's efforts to resolve the problems associated with the internally displaced persons, above all, implies attempts to regulate new relations for our country at the legislative level. At the same time, the legislation of Ukraine should be harmonized with generally accepted international norms, which should include the 1951 Convention Relating to the Status of Refugees and the 1954 Convention relating to the Status of Stateless Persons. Regarding the Ukrainian legislation on the internally displaced persons, at the legal level, these relations are regulated by the Law of Ukraine “On Providing Rights and Freedoms of Internally Displaced Persons” and many other by-laws. If the legal regulation of the problems of internally displaced persons is generally at an appropriate level, then in practice there are a lot of problems that range from small households to the most important ones, such as the right to vote in elections at different levels.

The plight of internally displaced persons (IDPs)in Sudan and Somalia constitutes one of the greatest human tragedy of our time since the end of the Cold War. The concept of IDPs is immense and growing. This research paper addressed the plight of IDPs during armed conflict in Sudan and Somalia. This paper also investigated into the existing institutional and legal frameworks for the protection of IDPs during armed conflict and critically highlight some of the weaknesses of these institutions and legal instruments that protect IDPs during armed conflict.

Defence date: 7 July 2014
Examining Board: Professor Francesco Francioni, European University Institute (Supervisor) Professor Nehal Bhuta, European University Institute Professor Władysław Czapliński, Polish Academy of Sciences Professor Federico Lenzerini, University of Siena.
Internal displacement is one of the most pressing humanitarian, human rights and security problems faced today by the international community. As a rapidly increasing phenomenon, internal displacement is putting intense pressure on international law and its capacity for adaptation to new realities and challenge. The present thesis aims at examining the phenomenon of internal displacement and concentrates in particular on the legal and institutional framework and measures guaranteeing protection for internally displaced populations worldwide. Toward this goal, I assess the role of international law and try to ascertain which legal norms are applicable to protect internally displaced persons. As a second step, I analyze the question of responsibility for the protection of internally displaced persons, i.e. whether this lies with the state of origin through its national law, or rather with the international community and the provisions of international law. Further, I discuss the activities and actions of the international and regional organisations, i.e. the European Union and relevant bodies of the United Nations, and their contribution to the protection of internally displaced persons. Although the protection of internally displaced should be based in law, it requires institutional mechanisms and actors to give it practical effect. While concluding and identifying the existing gaps in legislation and institutional framework, I demonstrate that internally displaced persons should become the objects of a specific system of law and protection. At the same time, I hope to contribute to the contemporary debate promoting efforts to strengthen the protection of internally displaced persons and to disseminate knowledge about this vulnerable group.

Literature shows that IDPs struggle to access services, which has an impact on their ability to live healthy and fulfilling lives. In the field of health, IDPs frequently have worse outcomes than both host community and refugees. This rapid literature review finds evidence of a number of policy and administrative barriers to access of services for internally displaced persons (IDPs). IDPs remain citizens of the countries in which they are displaced, and the national authorities retain responsibility for meeting their basic rights. However, their displacement, loss of livelihoods and assets, lack of documentation, as well as discrimination against them, lack of protection under international law, lack of policy to address their needs, poor services and conflict or disaster conditions, can all make it more difficult for IDPs to access basic services than non-displaced citizens. There is relatively little literature systematically addressing the issue of administrative and policy barriers to service access among IDPs. Much of the literature discusses IDPs alongside refugees (who have a different legal status and access to different national and international support), or discusses the whole range of difficulties facing IDPs but does not focus on administrative or policy barriers. The literature frequently does not compare IDPs and other citizens and service users. Nevertheless, policy and administrative barriers are discussed, ranging from analysis of international instruments on IDPs to documentation procedures in particular countries. Much of the literature shows the prevalence of disease, lack of school attendance, limited provision of services etc. faced by IDPs, but does not discuss the policy and administrative barriers in detail.