Publication date: 26.06.2024
Legal regulation of housing and compensation for internally displaced persons
Introduction
Internally displaced persons (IDPs) face numerous challenges, among which one of the most important is the problem of housing. States that host IDPs are obliged to provide them with adequate housing or compensation to cover the cost of renting or purchasing housing. In this article, we will analyze the legal regulation of housing and compensation for IDPs, in particular in Ukraine, as well as international standards in this area.
International standards and recommendations
UN Guiding Principles on Internally Displaced Persons:
- The UN Principles, adopted in 1998, define the rights and guarantees for IDPs. According to these principles, states must ensure that IDPs have access to housing on an equal basis with other citizens, and provide the necessary assistance in the event of loss of housing.
The UN Convention relating to the Status of Refugees (1951):
- Although the Convention directly concerns refugees, its provisions can also be applied to IDPs in need of protection and support.
European Convention on Human Rights:
- Article 8 of the Convention guarantees the right to respect for private and family life, including housing. Council of Europe member states are obliged to ensure that this right is respected for all, including IDPs.
National legislation of Ukraine
The Law of Ukraine "On Ensuring the Rights and Freedoms of Internally Displaced Persons":
- The main law regulating the rights of IDPs, including the right to housing and compensation. The law provides for the establishment of state programs to provide housing and financial assistance to IDPs.
Resolution of the Cabinet of Ministers of Ukraine No. 505 of October 1, 2014:
- It establishes the procedure for providing monthly targeted assistance to IDPs to cover living expenses, including housing and utility bills.
Resolution of the Cabinet of Ministers of Ukraine No. 1085 of December 16, 2020:
- Introduces a program of housing subsidies for IDPs, allowing them to receive compensation for rent.
State program "Affordable Housing":
- The program is aimed at providing affordable housing for various categories of citizens, including IDPs. The support is provided in the form of partial compensation of the cost of housing or soft loans.
The procedure for obtaining housing and compensation
Registration of IDPs:
- The first step to receive assistance is to officially register as an IDP with the relevant state authorities. This includes obtaining a certificate of registration as an internally displaced person.
Submitting an application:
- IDPs must apply for state aid or housing subsidies to local social protection authorities. The application must be accompanied by the necessary documents, including a certificate of registration as an IDP.
Consideration of the application:
- Social protection authorities review the application and make a decision on the provision of assistance. In case of a positive decision, IDPs receive financial assistance or a subsidy for renting housing.
Getting housing:
- Some IDPs can receive temporary or permanent housing from the state. This can be social housing, specially equipped dormitories or other types of accommodation.
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Challenges and issues
Lack of housing:
- One of the main problems is the lack of affordable housing for IDPs. This is due to both the limited resources of the state and the high demand for housing in regions with a large number of IDPs.
Bureaucratic obstacles:
- The process of obtaining assistance and housing can be complicated by complex bureaucratic procedures and document requirements. Many IDPs face difficulties in collecting the necessary documents and submitting applications.
Financial instability:
- Insufficient funding for support programs can result in delays in payments or insufficient assistance to cover all IDPs' needs. This is especially true in cases of economic crisis or limited budgetary capacity.
Problems of integration:
- IDPs may face difficulties integrating into new communities, including social and cultural barriers. This can complicate their daily lives and access to services.
Recommendations for improving the situation
Simplification of bureaucratic procedures:
- It is necessary to simplify the procedures for applying for and receiving assistance, in particular through the introduction of electronic services and reducing the number of required documents.
Increased funding:
- The state should ensure sufficient funding for IDP support programs by attracting additional resources, including international assistance.
Expanding housing programs:
- Implementation of new housing programs, including the construction of social housing and reconstruction of existing facilities, to provide more IDPs with housing.
Integration support:
- Introduce programs for social adaptation and integration of IDPs into new communities, including educational courses, psychological support and cultural events.
Improving communication:
- Informing IDPs about their rights and available support programs through information campaigns, hotlines and counseling centers.
Conclusions.
The legal regulation of housing and compensation for internally displaced persons is an important part of the state policy aimed at supporting and protecting the most vulnerable categories of the population. Despite existing challenges and problems, effective implementation of support programs can significantly improve living conditions for IDPs and facilitate their integration into new communities.
Achieving these goals requires close cooperation between government agencies, international organizations, non-profit organizations and IDPs themselves. Continuous monitoring and evaluation of the effectiveness of programs will help to identify problematic aspects and adjust strategies, thereby ensuring an appropriate level of support for all IDPs.
