The problem of securing voting rights for over 1 mln eligible to vote IDPs of around 1.5 IDPs from Donetsk, Luhansk oblasts and the Autonomous Republic of Crimea is still not solved. Unfortunately, lawmakers have ignored this issue in the new Law on Local Elections. NGO activists, MPs of Ukraine and representatives of the Verkhovna Rada Commissioner for Human Rights have discussed possible ways of solution on a roundtable titled “Elections as an integration mechanism: how to guarantee that voting rights of internally displaced persons are realized?”. Roundtable participants have agreed that the President of Ukraine, Chairman of the Verkhovna Rada of Ukraine, and leaders of parliamentary factions have failed to take any public position on the issue of IDPs' voting rights, what makes a critical influence on solution of the problem. Heads of two VRU Committees Hryhorii Nemyria and Hanna Hopko have supported a bill #2501а-1 and called on MPs to give IDPs an opportunity to vote in local elections.

According to the Constitution, all Ukrainian citizens are equal before the law, and their voting rights shall be guaranteed and realized in local elections. Realization of this right is especially important for 1.5 mln of internally displaced persons from Donetsk, Luhansk oblasts and Autonomous Republic of Crimea, who are trying to integrate into their new territorial communities and, therefore, their interests must be represented in local self-government bodies.

MP of Ukraine Hryhorii Nemyria, who chairs the Committee on Human Rights, National Minorities and International Relations, has published his official appeal: “While 2015 local elections are close, voting rights of around one and a half million of Ukrainian citizens who were internally displaced (IDPs) are not guaranteed by the legislation. In fact, they are deprived of the right to realize their voting rights, particularly the right to elect members of village, settlement, city councils and the corresponding heads in communities of their residence. As a result, integration of internally displaced persons is more complicated, as long as they are not attracted to solution of local issues in their residence communities. 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. Such situation goes against the non-discrimination principle concerning both equal rights and liberties, and equal opportunities. It is an indirect discrimination on the grounds of residence or against IDPs, violating international standards and Ukraine's obligations concerning stable integration of IDPs at their new places of residence.

There are three bills submitted for consideration of the Verkhovna Rada of Ukraine, called to solve the problem of realization of voting rights by internally displaced persons. The Parliament is obliged to give internally displaced persons the right to elect local governments in communities of their residence. It is a blunt discrimination, if it doesn't. I believe that the very Draft Law on Amendments to Some Legislative Acts Guaranteeing Voting Rights of Internally Displaced Persons #2501а-1 gives the best well-weighted approach to securing electoral rights of internally displaced persons as electoral stakeholders. This legislative initiative has a number of benefits in a form of progressive regulations, particularly:

  • changing the voting address on a basis of an application (submitted the latest 15 days before the election day);
  • ascertaining that a citizen belongs to the certain territorial community on the basis of his/her passport registration address or the IDP certificate;
  • IDP certificate can be used to change the election address;
  • there are restrictions on repeated change of election address by IPDs etc.

The abovementioned bill was jointly drafted by MPs and NGO experts working in electoral matters and rights of IDPs. I believe that NGOs and MPs have suggested the optimum mechanisms to prevent manipulations with IDPs' votes and, at the same time, to avoid discrimination of these citizens,” – Ihor Nemyria stated.

Analyst at the Civil Network OPORA Oleksandr Kliuzhev has stated: “State officials must not see internally displaced persons as temporary residents of territorial communities. Such vision goes against international standards and Ukraine's obligations to secure full integration of internally displaced persons. The state shall guarantee IPDs to choose whether to fully integrate into new communities or to come back to where they lived. Draft Law #2501a-1 is aimed to secure future effective alternatives for this citizen group.”

MP of Ukraine Hahha Hopko, chairing the VRU Committee on Foreign Affairs, thinks that integration of Donbas and Crimea IDPs shoul be above any possible fears and, therefore, the Parliament must immediately consider this issue and guarantee that internally displaced persons have the right to vote in local elections, as a part of their integration and formation Ukrainian nation as a whole.

According to international standards, Ukraine's obligations, UN Guiding Principles on Internal Displacement in the country, Recommendation of the Council of Europe's Committee of Ministers on internally displaced persons, and PACE recommendations, voting rights of internally displaced persons shall be secured in local elections. Politollogyst and Director of the Berta Communications commented on the situation: “Many EU countries allow non-citizens to vote in local elections in another EU Member State. As long as IDPs from Donbas and Crimea live and pay taxes in new territorial communities, they should have the right to vote and influence local governance. I believe that internally displaced persons shall be given the right to vote in local elections.”

Reference: The  Draft Law of Ukraine on Amendments to Some Legislative Acts Guaranteeing Voting Rights of Internally Displaced Persons #2501а-1 of 21.08.2015 was initiated and developed by a coalition of NGOs comprising: Civil Network OPORA, Donetsk Oblast Organization of the Committee of Voters of Ukraine, Right for Protection All-Ukrainian Charitable Foundation, Social and Economic Research Institute, Vostok SOS and Crimea SOS Citizen Initiatives, as well as MPs of Ukraine Serhii Taruta, Nataliia Veselova, Hanna Hopko, Oleksii Riabchyn, Yehor Firsov, Alona Shkrum, Viktoriia Ptashnyk, Ostap Yednak and Oksana Yurynets.