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NGCA Workshop Report | DRC| 6 Sep 2016

Methodology: 

Being preceded by a number of discussions with diplomatic and international community, this workshop on the nongovernment
controlled areas was conceived as an event to bring together humanitarian actors to discuss the prospects of
meaningful engagement in finding durable solutions for the conflict-affected people in Ukraine. The conflict itself is marked
by strong political overtones, which conceal the risk of politicization of humanitarian aid and assistance. Therefore, it has
been underlined that, apart from being a political agreement, Minsk II draws its binding force from the Security Council
Resolution 2202 and, as such, should be treated with due commitment to implement.
Extremely limited access to and awareness of non-government controlled areas (NGCA) brought to life the idea to identify
international and national law frameworks governing people and territories in the NGCA, as well as to analyze the NGCA
regulatory environment itself. The comparison of three frameworks was conducted around four key points: 1) status of
NGCA; 2) humanitarian access to NGCA; 3) exercising of housing, land and property (HLP) rights by conflict-affected people;
and 4) access to social payments and pensions by conflict-affected people. In terms of the ongoing conflict, it was found
that national laws often provide a distorted reflection or substitution of international human rights law and international
humanitarian law standards. At the same time, the de facto authorities created their own alternative regulatory reality. For
example, those who fled, but left property behind, now must contend with NGCA regulations and the burden is upon the
owners in terms of protecting their rights of ownership remotely. Moreover, all but two humanitarian organizations are
routinely denied access to NGCA, which significantly complicates relief operations.

Assessment Report: 
Publicly Available
Assessment Questionnaire: 
Publicly Available
Assessment Data: 
Not Available
Operations(s)/Webspace(s): 
Assessment Date(s): 
09 Sep 2016
Status: 
Report completed
Population Type(s): 
All affected population
Cluster(s)/Sector(s): 
Leading/Coordinating Organization(s): 
Norwegian Refugee Council
Location(s): 
Donetska Oblast
Luhanska Oblast
Other location: 
NGCA