Kyiv Hosted an Expert Discussion, Compensation for Damage Caused by the War: Expectations of Those Affected and Barriers to Access t

Olha Denkovych, Head of the Social Cohesion programme of R2P

In the 12th year of the war, Ukraine still does not have a legislative definition of the war-affected person. Unfortunately, this issue and the legislative framework for transitional justice in general disappeared from the authorities' political agenda after the liquidation of the Ministry of Reintegration.

Iryna Kalupakha, Director of the Department for Monitoring the Observance of the Rights of Citizens Affected by the Armed Aggression against Ukraine, Secretariat of the Ukrainian Parliament Commissioner for Human Rights

In 2022, the Ombudsman recommended defining at the legislative level who war-affected persons are and their legal status. And also to ensure the categorisation of such persons. It is also very important for the government to adopt resolutions on establishing and operating systems for recording damage caused by the armed aggression of the russian federation as soon as possible.

Olena Semeiorkina, Expert of the Analytical Department of the Ukrainian Helsinki Human Rights Union, Honoured Lawyer of Ukraine

First, we need to identify who the war-affected person is. We need to do this to protect the individual, help them recover, reduce physical and mental suffering, and protect them from future legal violations.

Noel Calhoun, Deputy Head of Mission of the Office of the United Nations High Commissioner for Human Rights

It is significant that it is recognised that certain violations took place during the war, and that a commission is set up to review applications for reparations. These violations should be qualified so that international experts can understand which ones occurred during the war. Establishing and understanding the facts of human rights violations can help Ukraine with its reforms, particularly in preparation for joining the European Union.

Diana Tryma, Director of the Department of Restoration and Cultural Reintegration at the Ministry of Culture and Strategic Communications of Ukraine.

Young people remain under the influence of propaganda in the occupied territories. Not all people left and had their own personal reasons for doing so. At the same time, the issues of IDPs and frontline regions are gradually fading into the background. Despite the importance of national identity based on culture and education, these aspects do not have priority status. Legislation still does not define displaced cultural institutions, and the programme to support them remains frozen. All of this complicates the restoration of Ukraine's cultural space and requires priority attention from the state.

Anton Drobovych, Head of Human Rights and War Memorialization Center at Kyiv School of Economics 

The question arises: has Ukraine had experience with transitional justice? In my opinion, after the communist-totalitarian regime, we adopted a number of laws and bodies took measures envisaged by the concept of transitional justice. They are just not reflected. In fact, no country can claim to have done a fantastic job with transitional justice. We all have to understand that these processes will be difficult and unpopular, but if these tools are not implemented at all, the consequences will be catastrophic.

Olena Nizhelska, Head of the Board of UPS Association

Despite the term “hybrid warfare” being heard less frequently, its essence remains unchanged, and the information space remains as essential a front as the battlefield. In determining the status of war-affected people, it is crucial to avoid comparing suffering and competing for greater misfortune. Recognition of different experiences and their value to society should be the focus. It is particularly significant not to devalue the experiences of those who remain under occupation or have been forced to move abroad, as each experience of war is unique and deserves attention and support.

Kateryna Shunevych, Head of the Jurfem Analytical Centre

The development of state policy to support survivors of conflict-related sexual violence is already showing some momentum and can serve as an example for a comprehensive approach to helping all affected. It is the needs of survivors that determine the measures that need to be implemented, both to restore justice and to build an understanding of what that justice means in practice. The particular focus on survivors of sexual violence is driven by the fact that since the beginning of the conflict, efforts by the state and many organisations have been directed towards developing a framework, both legislative and institutional, to address their immediate needs.