On 25 August, in the press-center of UNIAN Information Agency, a press-conference was held by citizen activists and MPs of Ukraine who have initiated consideration of a joint draft law guaranteeing voting rights of internally displaced persons. The war in eastern Ukraine made 1,437,967 citizens leave their homes, but Ukrainian legislation doesn't provide proper regulation of their voting rights. Citizens are equal before the law, according to the Constitution of Ukraine. UN Guiding Principles on Internal Displacement in the country, Recommendation of the Council of Europe's Committee of Ministers on internally displaced persons, PACE recommendations determine obligations of every country to secure rights of IDPs on the legislative level, including voting rights, ignored by Ukrainian Parliament on the recent local elections.
Representatives of the Civil Network OPORA, Donetsk regional branch of the Committee of Voters of Ukraine All-Ukrainian NGO, Vostok SOS and Crimea SOS Citizen Initiatives, MPs of Ukraine have prepared and presented a Draft Law of Ukraine on Amendments to Some Legislative Acts Guaranteeing Voting Rights of Internally Displaced Persons #2501а-1.
As long as there is no mechanism to implement voting rights of internally displaced persons, this social group is deprived of the right to influence decision-making of local government bodies, activities of which also concerns the needs emerging from internal displacement of citizens. Besides that, ignorance of international standards concerning removal of legal obstacles to realization of the right for equal participation in decision-making on community level by internally displaced persons who permanently live on the certain territory after displacement can be characterized as violation of the principle of equal rights and liberties.
“Political expediency, electoral expectations, and estimations of some political parties mustn't be above human rights. The Parliament is obliged to give internally displaced persons the right to elect local governments in communities of their residence. In other case, these Ukrainian citizens, whose lives were destroyed by the military conflict, will be discriminated, making their integration in local communities even more difficult,” – thinks MP of Ukraine Ostap Yednak (Samopomich Union).
Non-faction MP Serhii Taruta has stated: “Today, Ukraine has a big problem – each new government is rewriting the election law to benefit itself and with a single aim – to preserve its influence. However, manipulations with electoral law have never concerned the fundamental constitutional right to elect and be elected until today. We are talking about people who lost their homes and lived through all war horrors. We mustn't deprive them of the right to vote. Internally displaced persons should participate in the formation of their governments as well as all Ukrainian citizens. We should make things right in this situation. These proposed amendments are a way to do it.”
MP of Ukraine Hanna Hopko, co-author of the Draft Law, Chairman of the VRU Committee on Foreign Affairs has stated: “Bill #2501а-1 removes this legislative collision in securing active electoral rights of citizens who had to leave their homes because of military occupation of Crimea and armed aggression of the Russian Federation in Donbas. Voting rights of internally displaced persons shall be secured on a legislative level, in accordance with the constitutional principle of equal rights and liberties of citizens and international standards (UN Guiding Principles on Internal Displacement in the country, Recommendation of the Council of Europe's Committee of Ministers on internally displaced persons, 1877 (2009) Recommendations of the Parliamentary Assembly of the Council of Europe). There are 1,437,967 internally displaced persons registered in Ukraine, who have the same rights as other Ukrainian citizens have. They need to enjoy equal participation in the life of territorial communities where they live. When we provide our compatriots with an opportunity to influence decision-making on the local level, we will stop ignoring them and start their integration in communities where they dwell.”
Authors of the Draft Law of Ukraine on Amendments to Some Legislative Acts Guaranteeing Voting Rights of Internally Displaced Persons #2501а-1 recommend to amend the Laws of Ukraine on Local Elections, on the State Register of Voters, and on the Rights and Freedoms of Internally Displaced Persons. The bill proposes to ascertain that internally displaced persons belong to the certain territorial community on the basis of their residence address, indicated in an IDP registration certificate.
Analyst of the Civil Network OPORA Oleksandr Kliuzhev has emphasized the following statements in his comment on the Draft Law: “The bill provides internally displaced persons will be able to choose how to realize their voting rights. IDPs that are not planning to come back to their previous place of residence will be able to change their election address and vote during local and other elections in territorial communities where they are temporarily residing after the displacement. IDPs that are planning to come back will be able to keep their current election address and vote during local elections in their cities, villages and towns after restoration of state control. Besides that, the bill provides mechanisms to prevent unjustified change of election address to keep the election process stable. At the same time, Ukrainian legislation is going to be reformed in the nearest future to simplify the procedure of election address change for every voter, in accordance with international standards.”
Serhii Tkachenko, the Executive Director of the Donetsk regional branch of the Committee of Voters of Ukraine All-Ukrainian NGO has stated: “Guaranteeing voting rights of internally displaced persons belongs firstly to the strategic development of Ukraine, and only then to organization of the election process. The state doesn't have to provide additional resources to secure citizen constitutional right to vote on local elections. However, this factor can be significant instrument in country's reunion.”
Civic monitoring conducted by OPORA - is a type of network activity, aimed at impartial assessment of the preparation and conduct of elections, as well as preventing electoral violations through comprehensive civic action.