scholarly journals Current practice of providing internally displaced persons with social housing and accommodation from housing funds for temporary residence

1970 ◽  
pp. 209-216
Author(s):  
Anastasia Volkova
Keyword(s):  
Social Housing ◽  
The State ◽  
Practical Implementation ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Temporary Housing ◽  
Internally Displaced ◽  
Social Purpose ◽  
Depth Analysis ◽  
The Law

The present article is dedicated to the current practices of providing the internally displaced persons with social housing and living premises from Funds for temporary living. The author comes to the conclusion that despite the implementation of the decentralization of power reform in Ukraine, within which the local self-government system gained more financial opportunities, the problem of extremely low housing provision for citizens in need of better living conditions continues to be one of the most pressing economic and social problems in Ukraine. It is emphasized that the issue of housing for internally displaced persons remains one of the most important for them. The article provides an in-depth analysis of the «transformation» of the Law of Ukraine "On Housing Fund for Social Purpose" taking into account contemporary socio-economic changes in the state and society. It is substantiated that the state policy should be aimed at modernization of the state housing policy by combining the efforts of the state and private capital, which will allow to build not only social housing and, for example, to lease it with further redemption, but also affordable. It is argued that currently the Law of Ukraine “On Housing Fund for Social Purpose” does not actually work and is declarative in nature, and therefore it does not fulfill its basic purpose - to ensure the constitutional right of socially vulnerable part of the population of Ukraine to receive social housing. If the abovementioned Law is not changed it will not solve the housing problems of internally displaced persons. In order to account the social housing in Ukraine, it is proposed to recognize the necessity of carrying out its inventory. The article reflects the key aspects of the practical implementation of internally displaced persons’ right to housing from the Temporary Housing Funds exclusively for internally displaced persons. The need to increase the awareness of internally displaced persons about existing housing programs and their ability to participate in these programs, including the possibility of obtaining housing from Temporary Housing Funds exclusively for internally displaced persons, was emphasized.

scholarly journals THE PRACTICE OF PROVIDING TEMPORARY HOUSING INTERNALLY DISPLACED CITIZENS IN POST-CONFLICT TERRITORIES

2020 ◽  
pp. 77-88
Author(s):  
A.O. Volkova ◽  
Keyword(s):  
Local Governments ◽  
Local Level ◽  
State Level ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Temporary Housing ◽  
Internally Displaced ◽  
Post Conflict ◽  
The Right

The article analyzes the current practice of providing temporary housing to internally displaced persons in post-conflict areas. It is noted that during the six years of internal displacement at the state level, a number of regulations have been developed that have provided internally displaced persons with the opportunity to begin the process of integration into host communities. At the same time, the full integration of internally displaced persons is slowing down due to the impossibility of exercising the right to housing guaranteed by the Constitution of Ukraine. It is emphasized that the uncertainty of further housing prospects still remains one of the most pressing problems for the majority of internally displaced persons, the comprehensive solution of which requires effective cooperation between public authorities and local governments. It is noted that to date, at the state level, official information on the housing needs of internally displaced persons and the number of internally displaced persons who have been provided with housing with the support of the state or local governments is still lacking. It is noted that the state housing policy, in terms of providing internally displaced persons with housing, should be based on long-term, systematic and consistent solutions, through the introduction of targeted housing programs for internally displaced persons at both state and local levels. For those internally displaced persons who do not have the opportunity to purchase housing, effective and transparent mechanisms for providing temporary housing should be in place at the state level. Emphasis is placed on the fact that until 2017, due to the lack of sources to finance the formation of housing funds for temporary residence, as well as the lack of vacant and, most importantly, habitable housing, the above funds at the local level were practically not formed, but where they were created – were not replenished. Attention is drawn to the feasibility of assessing communal property and potential objects that can be purchased, reconstructed for the accommodation of internally displaced persons. In order to ensure the realization of the right to temporary housing for displaced professionals from among internally displaced persons, it is proposed to provide local governments with the opportunity to determine the percentage of housing that can be provided to displaced professionals in proportion to the local budget.

Bridging the Accountability Gap in the Protection of Internally Displaced Persons: Non-State Actors Under the Kampala Convention

2021 ◽  
pp. 1-23
Author(s):  
Romola Adeola
Keyword(s):  
The State ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Regional Landscape ◽  
State Actors ◽  
Accountability Gap ◽  
The Impact

Abstract Contemporary forms of internal displacement in Africa significantly reflect the emerging footprints of non-state actors on the regional landscape of internal displacement. In recognition of the impact of these actors in the internal displacement context, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) specifically obligate states to regulate them in the prevention of arbitrary displacement. This is the central thrust of this article. This article examines the Kampala Convention from the perspective of non-state actors, considering the obligation of the state and the extent to which these actors may be held accountable, in the furtherance of protection and assistance of internally displaced persons (IDP s).

scholarly journals An Ethical investigation of State and the Management of Internally Displaced Persons: Nigeria as a case study

2017 ◽  
Vol 7 (2) ◽  
Author(s):  
Ifeanyichukwu M. Abada ◽  
Nneka Ifeoma Okafor ◽  
Nkemjika C. Duru
Keyword(s):  
Emergency Management ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Boko Haram ◽  
Population Displacement ◽  
Internally Displaced ◽  
North East ◽  
The North ◽  
Rising Incidence

The decision among human beings to change their places of residence has remained an age-long strategy of survival practiced for a very long time. However, the migratory activities associated with internal population displacement are often propelled by forced migration occasioned by natural or anthropogenic forces or a combination of both. The upsurge of internal population displacement in the Nigerian state is incontrovertible given the maniacal campaign of the Boko Haram insurgency in the North-east region. The dilemma of internally displaced persons and the imperative management have proven a formidable challenge to the Nigerian state. The aim of this paper therefore is to ethically investigate whether the ineffective control of the Boko Haram insurgency by the state is implicated in the rising incidence of internally displaced persons and evident vulnerabilities. The study adopted qualitative research which relied heavily on the documentary method of data collection and, guided by the ‘Marxist theory of the post-colonial state’ as a theoretical underpinning. The findings of this paper showed that the ineffective control of Boko Haram insurgency by the state was implicated in the rising incidence of internal population displacement in the North-east. The paper critically observed that the state and its agencies like the National Emergency Management Agency (NEMA), State Emergency Management Agencies (SEMAs), National Commission for Refugees, Migration and Internally Displaced Persons (NCFRMI), Presidential Initiative for the North East (PINE), Presidential Committee on the North-East Initiative (PCNI), among others have become the main instruments for the advancement of the interests of the dominant class. The study however recommends amongst other things that the state should ethically rethink its narrow strategy against Boko Haram insurgency through the adoption of a broader approach according to the dictates of Nigeria’s Countering Violent Extremism framework.

scholarly journals The right to an adequate standard of living, the right to entrepreneurial activity and the right to a pension for internally displaced persons in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 336-341
Author(s):  
Nataliya Isayeva
Keyword(s):  
The State ◽  
Standard Of Living ◽  
Entrepreneurial Activity ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
State Budget ◽  
Economic Rights ◽  
Internally Displaced ◽  
Financial Pressure ◽  
The Right

The problems of ensuring the state of such socio-economic rights and freedoms of internally displaced persons as the right to an adequate standard of living, entrepreneurship and pensions have been studied and proposals have been made to improve the existing national legislation in this area. The issue of the state of ensuring the right to an adequate standard of living for internally displaced persons and its relationship to the right to entrepreneurial activity and pension provision of such persons is covered. The issue of the state of ensuring the right to an adequate standard of living for internally displaced persons and its relationship to the right to entrepreneurial activity and pension provision of such persons is covered. It is emphasized that changes to the current legislation on the issuance of documents for the ap-pointment (recalculation) of pensions, firstly - will simplify the procedure for receiving pension benefits and social guarantees, secondly - reduce the burden on the judiciary, and thirdly - save time and money internally displaced persons for legal assistance. Thus, resolving this issue and amending the legislation will solve a set of problems, both for internally displaced persons and for the state, in terms of budget savings. It is emphasized that the solution of socio-economic problems of internally displaced persons falls on the state budget, which creates significant financial pressure. However, the state has committed itself to ensuring the constitutional rights of internally displaced persons and must therefore comply with it. Sometimes, there is not so much a need for funding as an effective mechanism for ensuring certain socio-economic rights.

scholarly journals INFLUENCE OF FORCED MIGRATION ON THE ECONOMY OF UKRAINE

Management ◽  
2019 ◽  
Vol 28 (2) ◽  
pp. 33-45
Author(s):  
Valeriia G. Shcherbak
Keyword(s):  
Internal Migration ◽  
Local Population ◽  
Social Activity ◽  
Forced Migration ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
The Asymmetry ◽  
The Impact

Introduction. Significant geopolitical transformations, the annexation of the Crimea, and the conflict in the Donbass affect the functioning of the Ukrainian economy. These processes provoked a profound and only political but also socio-economic crisis, intensification of labor migration, massive forced displacement of the population: the emergence of the category of forced migrants – internally displaced persons (IDP). IDPs are citizens of a country that does not cross borders and migrate within their own country for compelled reasons (similar to the case with refugees). In Ukraine, they are called forced migrants.The hypothesis of scientific research is to find out how the emergence of regional migration asymmetry, in particular the emergence of a significant number of IDP, affects the asymmetry of migration processes in Ukraine, the economy and welfare of the population, and the level of socio-economic development of the country.The aim is to diagnose the existing processes of domestic forced migration processes in Ukraine, including the asymmetry of migratory flows, the impact of the movement of internally displaced persons on the level of development of regional economies.The research methodology is fundamental and applied research in the field of forced internal migration, the demographic situation and the state of the labor market, UN materials, the ILO, UNESCO, the bodies of the state statistics service, materials from other official sources and Internet resources. During the study, methods of systematization, theoretical generalization, scientific classification, comparative analysis, statistical methods were used.Results: the main factors determining the conditions and nature of forced internal migration in Ukraine in 2014–2017 were determined. The main directions of forced internal migration since the beginning of hostilities in the Donbass were determined. The emergence of regional asymmetry of migration processes at the level of aggregate migratory flows is investigated.Conclusions: it is proved that all regions of Ukraine have a significant right-side asymmetry of balance in the direction of arrivals in the region, which manifests itself in the concentration of refugees in the presence of a relatively small number of most mass flows. HPE is perceived in their places of residence as an additional resource for the development of a regional economy: the emergence of new opportunities for increasing social activity by refugees; the opening of new businesses; a strong motivation to succeed; intensification of production and provision of services; filling jobs that were not in demand by the local population.

Reflections on humanitarian law dimensions of the African Union Convention for the protection and assistance of internally displaced persons in Africa

2020 ◽  
Vol 2020 ◽  
pp. 78-120
Author(s):  
Steve Tiwa Fomekong
Keyword(s):  
Law Reform ◽  
International Humanitarian Law ◽  
Internally Displaced Persons ◽  
African Union ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Depth Analysis ◽  
The Subject ◽  
Significant Attention

While significant attention has thus far been paid to the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), the rules of humanitarian law that it sets out have not yet been the subject of a specific in-depth analysis. This contribution aims to fill this gap in the literature. It specifically examines the humanitarian law rules contained in the Kampala Convention to determine their meaning and scope, as well as their contribution to strengthening international humanitarian law (IHL). It begins by analysing the articulation of these regional humanitarian rules with the universal rules of IHL that preceded them to determine whether there is any divergence between them. Next, the paper attempts to determine the extent to which the humanitarian law provisions of the Kampala Convention enrich the legal protections provided by IHL for the improvement of the plight of internally displaced persons from armed conflict. Finally, with an approach centred around making suggestions for law reform, the paper demonstrates why and how these rules should inspire the future development of conventional and customary norms that would assist with the challenges of conflict-induced displacement.

scholarly journals Regulatory guarantees of the internally displaced person’s rights and freedom

2020 ◽  
Vol 2 (2) ◽  
pp. 71-76
Author(s):  
Alina Orieshkova
Keyword(s):  
International Law ◽  
Forced Migration ◽  
Legal Regulation ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Public Authorities ◽  
Internally Displaced ◽  
Basic Law

The state cannot be considered democratic, social and legal in the absence of normative legal guarantees that ensure the unimpeded realization of the rights, freedoms and interests of a person and a citizen, including internally displaced persons, and in case of their violation, protection and restoration. Encountered in 2014 with military aggression, the occupation of part of Ukraine, the authorities faced not only the problem of internal forced migration, but also the need to create effective safeguards for the rights and freedoms of internally displaced persons, in particular, regulatory and legal ones. It is highlighted that in the context of ensuring the rights and freedoms of internally displaced persons, one of the issues of discussion is the correlation of international and national law, which requires doctrinal study. After analyzing the correlation between international and national law, it is noted that in Ukraine superiority is given to the monistic theory, which is characterized by preservation of the supremacy of the basic law of the state, with the recognition of the priority of international law over the national one. It is stressed that the norms of international and national legal acts on protection and assistance to internally displaced persons provide an opportunity to ensure the effective functioning of public authorities and local self-government bodies for the protection and support of such a category of persons as IDP. It is noted that normative-legal regulation in the field of protection of rights and freedoms of internally displaced persons is characterized by imperfection and imbalance in various aspects of public life. On the basis of a comprehensive analysis of international and national normative legal acts in the field of ensuring the rights and freedoms of internally displaced persons, author’s classification is given. The advantages of classification of normative legal acts in the context of ensuring the rights and freedoms of internally displaced persons are noted.

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