Blog post by Jacob Lewine *


Introduction

The conflict in Ukraine, now in its third year, has displaced millions both internally and across Europe. As the fighting ebbs and flows, the path forward for these displaced populations remains uncertain. Reconciliation and peacebuilding efforts, which address not only the physical return of refugees and IDPs but also the deep psychological and societal wounds left by conflict, are essential for lasting stability. This blog explores policy responses for Ukraine’s displaced persons by drawing on international law, global case studies, and actionable recommendations.

The Current Landscape of Displacement in Ukraine


Ukraine’s displacement crisis remains one of the largest in Europe since World War II. According to the United Nations High Commissioner for Refugees (UNHCR), as of the beginning of 2024, over 9 million people remain displaced, including both those seeking asylum in other countries and IDPs within Ukraine itself. Refugees have settled in neighboring countries like Poland, Germany, and Hungary, while many IDPs have fled from the east and south of Ukraine to relatively safer regions in the west.

Beyond the sheer numbers, the challenges facing displaced populations are multi-layered. For refugees abroad, integration into foreign societies, access to education, employment, and healthcare services are significant hurdles. For those displaced within Ukraine, instability due to ongoing sporadic conflict and economic challenges complicates their return to normalcy. Additionally, there is the persistent question of whether the displaced populations will ever be able to return to their homes, particularly in areas devastated by conflict or currently occupied by Russian forces.

The Guiding Principles on Internal Displacement, establish that IDPs have the right to protection and assistance, and it is the state’s duty to ensure conditions for their safe and voluntary return. In Ukraine’s case, any peacebuilding and reconciliation efforts must address these obligations while ensuring that IDPs and refugees are not left out of post-conflict rebuilding efforts.

The Role of Reconciliation


Reconciliation is an integral component of any peace process, particularly in conflict zones where social and political divisions run deep. Reconciliation aims to repair the social fabric torn apart by war, rebuild trust, and establish a new sense of national unity. In Ukraine, reconciliation must include displaced populations, who are not only victims of the conflict but also key stakeholders in the country’s future stability.

Global Lessons 

1. South Sudan

    The situation in South Sudan, which has been embroiled in conflict since 2013, offers key lessons for Ukraine. In South Sudan, millions of people were displaced by civil war, and while formal peace processes focused on military and political elites, displaced populations played a critical role in informal peacebuilding. South Sudanese women in refugee camps in Uganda and Kenya became vocal advocates for peace, particularly after receiving leadership training from international organizations. These women were not only engaged in grassroots peace dialogues but also influenced formal peace negotiations by contributing their experiences and priorities as refugees of a major conflict.

    For Ukraine, this model of engagement could be instrumental in ensuring that displaced populations have a voice in peace processes. By providing platforms for IDPs and refugees to participate in peacebuilding efforts, Ukraine can ensure that the perspectives of those most affected by the conflict are included in reconciliation initiatives. Such an approach would also enhance the legitimacy of peace efforts and help prevent future conflict.

    2. Georgia

    The experience of Georgia following its conflicts in Abkhazia and South Ossetia in the 1990s offers another valuable case study for Ukraine. After these conflicts, Georgia faced significant internal displacement, and displaced populations were initially excluded from formal peace negotiations. However, through informal, track-two diplomacy processes, civil society organizations and IDPs began to play a more active role in peacebuilding. The collaborative efforts between the IDP community, civil society, and the government culminated in the adoption of the ‘State Strategy on Internally Displaced Persons‘ in January 2007.  An instance of structural reconciliation, this strategy, informed by the contributions from the IDP community, laid the groundwork for a systematic approach to addressing the challenges of displacement.  It represented a commitment to incorporating the perspectives and needs of IDPs into policy formulation and implementation strategies.

    In Ukraine, adopting a similar approach of track-two diplomacy could help bridge the gap between formal peace processes and the lived experiences of displaced individuals. Such efforts could facilitate the reconciliation process by allowing IDPs to contribute directly to shaping Ukraine’s future. This would also align with the principles of the Global Compact on Refugees, which emphasizes the importance of including displaced populations in decision-making processes.

    3. Colombia

    The experience of Colombia offers valuable lessons for Ukraine in post-conflict reconciliation and the reintegration of displaced populations. Colombia has faced internal displacement on a massive scale due to decades of armed conflict. Millions of people were uprooted from their homes, creating one of the largest IDP crises in the world. As part of the peace process, Colombia made significant efforts to include victims of displacement in both policy development and peacebuilding initiatives.

    In Colombia, displaced populations, especially victims of violence, were given a formal role in peace negotiations. The creation of a Victims and Land Restitution Law in 2011, which provided a legal framework for reparations and land restitution, ensured that IDPs could reclaim property and receive compensation for their losses. This initiative, supported by the Colombian government and international organizations, also recognized the importance of including displaced populations in shaping post-conflict policies​.

    For Ukraine, adopting a similar approach could ensure that displaced populations are actively involved in reconciliation efforts. By creating legal frameworks and formal platforms for refugees and IDPs to participate in policy discussions, Ukraine can ensure that their voices are heard in rebuilding efforts. This would align with the principles of the Global Compact on Refugees, emphasizing the inclusion of displaced populations in decision-making processes. Just as in Colombia, where victims were integral to shaping reparations and land restitution programs, Ukraine can benefit from ensuring that its displaced populations have a seat at the table. Such an approach would enhance the legitimacy of peace efforts and help build trust between the government and those most affected by the conflict.

    Conclusion

    In conclusion, Ukraine’s journey toward reconciliation and lasting peace will depend heavily on the inclusion of its displaced populations in peacebuilding efforts. Lessons from South Sudan, Georgia, and Colombia, highlight the importance of providing platforms for refugees and IDPs to actively contribute to the rebuilding of their communities and the nation’s future. By establishing legal frameworks, fostering inclusive dialogue, and ensuring that displaced individuals have a voice in policy-making, Ukraine can create a pathway for healing and unity. Adopting these models will not only enhance the legitimacy of peace efforts but also prevent future conflicts, ultimately helping Ukraine emerge stronger and more resilient from this crisis.

    * Jacob Lewine is a Juris Doctor candidate at American University Washington College of Law and a Master’s candidate in International Affairs at the School of International Service. He is an Articles Editor for the American University Law Review, and a research assistant to Professor Anita Sinha, focusing on refugee law and IDPs.


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