How to take into account the interests of IDPs and residents of occupied territories in EU accession

In the process of Ukraine’s European integration, the European Union must take into account the interests of millions of internally displaced persons (IDPs), the prolonged occupation of a significant part of the country’s territory, as well as war crimes and widespread human rights violations.

So far, however, the EU does not have a ready-made "instruction manual" for Ukraine on how to address these issues.

The Human Rights Centre ZMINA, in its first comprehensive analytical study on this topic, attempt to outline how to balance two objectives: ensuring the genuine consideration of the interests of people affected by Russia’s aggression, while at the same time preventing the issue of their protection from turning into a tool of political pressure or a pretext for blocking EU accession negotiations.

Read more about how to integrate the issue of occupation into the negotiation process with the EU in the article Diana Deputat of ZMINA: European integration for all Ukrainians: how to include the issues of occupation and IDPs in EU negotiations.

Formally, Ukraine’s negotiating framework is standard. It's the same as for other candidate countries (for example, North Macedonia, Albania, Moldova).

There is no separate chapter on occupation or internal displacement. However, this does not mean these issues cannot and should not be integrated into the existing negotiation clusters, primarily Chapter 23 (Judiciary and Fundamental Rights) and Chapter 24 (Justice, Freedom and Security).

The European Commission is gradually broadening its focus. In its annual enlargement package reports, there are increasing references to the situation of IDPs and residents of temporarily occupied territories.

The issue is present, but so far only in a fragmented way.

It can be stated that many problems related to the protection of the rights of IDPs and residents of Ukraine’s temporarily occupied territories (TOT) still remain outside the European integration process. Yet the need to include them is significant, and postponing their regulation could slow down the negotiation process in the future.

No previous wave of EU enlargement had a separate "post-conflict track." However, issues related to war have always influenced negotiations.

So how can the issue of occupation be integrated into the EU negotiation process?

First, ensure the systematic inclusion of priorities related to the protection of the rights of IDPs and residents of the TOT at the level of the Rule of Law Roadmap, as well as in domestic decisions and state policies.

These documents should contain concrete benchmarks for progress regarding access to social services, healthcare, pensions, education, compensation for lost property, documentation of crimes and more.

Second, these documents must align with the EU’s global instruments in the areas of rule of law, human rights, democracy and transitional justice.

Third, create an "EU–UA Human Rights" platform for interaction and cooperation between the Ukrainian Parliament Commissioner for Human Rights, leading national human rights organisations, and EU institutions.

This would help keep the issue at the center of attention without creating a separate negotiation track and thus reduce the risk of unjustified political blockage.

In sum, if the interests of millions of IDPs and residents of occupied territories are not taken into account in the negotiations, this will create risks both for social stability and for the accession process itself.

Temporary occupation does not automatically block membership. However, the pace of negotiations and the trust of partners will depend on how effectively Ukraine builds mechanisms to protect the rights of its citizens already now.