December 2006

special issue Putting IDPs on the map: achievements and challenges in commemoration of the work of Roberta Cohen

Brookings Institution-University of Bern Project on Internal Displacement Forced Migration Review Forced Migration Review provides a forum for contents the regular exchange of practical experience, information and ideas between researchers, refugees and internally displaced people, and those who work with them. It is published in Introduction English, Spanish, Arabic and French by the by Francis Deng and Walter Kälin...... 3 Refugee Studies Centre, University of Oxford. A personal tribute to Roberta Cohen by Francis M Deng...... 4 Editors Marion Couldrey & Dr Tim Morris The future of the Guiding Principles on Internal Displacement Forced Migration Review by Walter Kälin...... 5 Refugee Studies Centre Placing IDPs on the international agenda: lessons learned. Department of International Development by Petter F Wille...... 7 3 Mansfield Road, Oxford OX1 3TB, UK Email: [email protected] I first met Roberta... Tel/fax: +44 (0)1865 280700 by Maria Stavropoulou...... 8 Skype: fmreview Humanitarian reform and new institutional responses by Dennis McNamara...... 9 Website UNHCR’s role in IDP protection: www.fmreview.org opportunities and challenges by Erika Feller...... 11 Designed by ProCap: new approach to protection...... 14 Art24 (www.art-24.co.uk) Protection of IDP women, children and youth Printed by by Dale Buscher and Carolyn Makinson...... 15 LDI Ltd Improving IDP data: prerequisite for more effective protection ISSN 1460-9819 by Elisabeth Rasmusson...... 16 IDP protection at the national level in South Asia Brookings-Bern Project by Paula Banerjee...... 18 on Internal Displacement A road map to the end of displacement in Sri Lanka? Tens of millions of people have been forced by Jeevan Thiagarajah...... 20 from their homes by armed conflict, internal strife and systematic violations of human rights How far may Colombia’s Constitutional Court go to protect IDP rights? but remain within the borders of their own by Manuel José Cepeda-Espinosa...... 21 countries. The Brookings-Bern Project on Internal Displacement was created to promote a more Regional or national protection for Great Lakes IDPs? effective national, regional and international by Zachary A Lomo...... 23 response to this global problem and to support the work of the Representative of the UN Development-induced and conflict-induced IDPs: bridging the research divide Secretary-General on the Human Rights of by Michael M Cernea...... 25 Internally Displaced Persons. The Project is co- directed by Walter Kälin, the Representative Studying IDPs: retrospect and prospect of the Secretary-General, and Elizabeth Ferris, by Susan Martin...... 27 Senior Fellow at the Brookings Institution. The Project: a replicable model of innovative response? by Thomas G Weiss...... 29 www.brookings.edu/idp [email protected] Looking to the future by Elizabeth Ferris...... 30 Brookings-Bern Project on Internal Displacement The Brookings Institution In her own words tribute from FMR editors...... 32 1775 Massachusetts Avenue, NW Washington, DC 20036 USA Tel: +1 (202) 797-6168

Copyright and disclaimer Front cover photo: Opinions in FMR do not necessarily reflect the views of the Editors or the School boys rehearse for a musical Refugee Studies Centre, or the policies and opinions of the Brookings-Bern Project. Any FMR print or online material may be freely reproduced, provided performance at an IDP camp in Alero that acknowledgement is given to the source and, where possible, the FMR District, northern Uganda, August 2006. URL and/or the article-specific URL. We welcome comments on the content Manoocher Deghati/IRIN and layout of FMR – please email, write or use the form on our homepage. FMR/Brookings-Bern SPECIAL ISSUE  Introduction by Francis Deng and Walter Kälin

After twelve years as Co-Director of the Project on least 24 million people internally displaced by conflict alone and many Internal Displacement at the Brookings Institution, millions more have been displaced Roberta Cohen retires at the end of 2006. by development projects and natural disasters. It also reflects the new Roberta recounts that she arrived at and policy documents on issues willingness of the international the Brookings Institution in 1994 to an around displacement, humanitarian community to consider intervening to empty desk, wondering how to define interventions and aid. In recent protect the rights of IDPs, confirming an IDP. Today internal displacement years she has been at the forefront the principle of the ‘responsibility to is a fully-fledged field of study and of Brookings work on Darfur protect’ agreed by 192 governments at operations. Roberta’s contribution and North Korea. Referring to the World Summit in 2005.3 Another to this transformation reason is that an increasing cannot be underestimated. number of countries are now developing their Roberta has worked tirelessly own national laws and to support our respective policies on IDPs and mandates as Representatives significant institutional of the UN Secretary-General changes are underway on Internal Displacement within the UN system. (Deng) and the Human Rights of IDPs (Kälin). This special issue therefore She played a key role in provides the opportunity steering the preparation of not just to commemorate the Guiding Principles on Roberta’s work but also Internal Displacement.1 She to take stock. The articles has been at the forefront explore lessons learned from of applying the Principles trying to apply the Guiding through fundraising for Principles, the implications their translation and of institutional changes for dissemination, organising the protection of IDPs and and speaking at countless opportunities and challenges seminars, conferences and for putting the protection workshops and lobbying of IDPs into practice. The within the UN system authors remind us how and with governments. much progress has been She has placed IDPs on made and the importance the agendas of national of Roberta’s contribution. human rights institutions However, they also warn especially in Asia, hosted Roberta Cohen us how much remains to numerous meetings with be done. In different ways NGOs and worked directly the two of us continue to with IDPs themselves. Roberta’s retirement and new advocate for the rights of IDPs. We status as non-resident Senior count on Roberta’s continued support Roberta can be credited with defining Fellow, the Brookings president, and look forward to working with a field of academic and intellectual Strobe Talbott, insists that the her successor, Elizabeth Ferris. study. She and her Brookings ‘retired’ remains in quotation marks colleagues have established the case and the ‘non’ in non-resident be Francis Deng was the Representative for IDPs as a category of concern, diminished. “Roberta’s contribution of the UN Secretary-General on elaborated the concept of ‘sovereignty to Brookings and the world is Internal Displacement. Email: as responsibility’ and conducted immense and must continue.” [email protected]. research on topics ranging from peace processes to mortality rates. That so many of the senior policy Walter Kälin is the Representative She has edited and authored or co- makers and leading academic of the UN Secretary-General on authored seminal academic texts thinkers in the field of internal the Human Rights of IDPs. Email: on internal displacement, most displacement have contributed to [email protected] significantly Masses in Flight2 in 1998. this special issue of FMR is in itself testament to the far-reaching impact 1. www.brook.edu/fp/projects/idp/articles/guiding.htm 2. www.brook.edu/press/books/massflgt.htm As befits a Senior Fellow at the of Roberta’s work. But it is also 3. www.un.org/summit2005/ Brookings Institution, Roberta indicative of the scale of internal has written numerous op-eds displacement. Today, there are at  Putting IDPs on the map A personal tribute to Roberta Cohen by Francis M Deng

Although I have received generous praise over the years institutional arrangements in response to internal displacement. for my efforts on behalf of the world’s internally displaced She was also keenly aware of the role persons as representative of the UN Secretary-General that regional organisations could on the issue, I say, without hesitation, that without play and worked diligently to foster Roberta Cohen I could not have done what I did. our cooperation with them. And in line with her NGO background, she It is with great pleasure that I take Roberta Cohen was critical to this was an effective mobiliser of civil this opportunity to pay tribute to complex, precarious, creative and, I society for the cause. In addition, a dear friend and a close partner believe, constructive complementarity Roberta demonstrated her capacity in the promotion of international of diverse approaches. for conducting and overseeing response to the global crisis of research not only through her pivotal internal displacement. Roberta Our personalities were different contribution to our two-volume helped pave the way for my but complementary. Anyone with study – Masses in Flight2 and Forsaken appointment when she, representing a fraction of wisdom would not People3 – and her own numerous the Refugee Policy Group (an want to be on the opposite side from articles but also by commissioning Roberta, and I and supervising a series of studies on was fortunate a variety of strategic topics and issues. enough to be naturally The space allotted for this brief tribute on her side does not allow me to do justice to and she on Roberta’s contribution to all aspects mine. Her of our work on the mandate. I was challenge to my delighted that as Co-Director of the EC/ECHO/Peter Holdsworth EC/ECHO/Peter acknowledged Brookings-Bern Project on Internal tendency Displacement, Roberta continued to to favour a work with my successor, Professor diplomatic, Walter Kälin, the Secretary-General’s constructive Representative on the Human Rights engagement of Internally Displaced Persons who with had played a key role in developing governments the Guiding Principles as chairman of contrasted with the legal team that developed them. her inclination to be a more I will remain forever grateful to aggressive Roberta Cohen for her contribution defender to our efforts on behalf of the world’s of human internally displaced, a venture rights. This in which we were full partners. was always a Perhaps Richard Holbrook, the IDPs in Darfur. independent centre of policy analysis source of creative tension between former US Ambassador to the United and research on refugee issues), us but we both realised the value of Nations, best expressed the bond collaborated with several other our complementarity and, over the between Roberta and me when NGOs to successfully lobby the years, inched toward one another. he introduced us as Mr and Mrs UN Human Rights Commission1 to IDPs. Our spouses concurred. place internal displacement on its Roberta Cohen played a critical role agenda and to create a mechanism for in mobilising the legal team that Francis Deng served as international response to the crisis. developed the Guiding Principles Representative of the UN Secretary- The agreement on the appointment on Internal Displacement. Although General on Internally Displaced of a representative of the Secretary- she is not trained as a lawyer, she Persons from 1994 to 2004. General was a compromise, the lowest not only organised the meetings of Email: [email protected] common denominator. However, in the team but actively participated discharging the responsibilities of the in the discussion of the substantive 1. www.unhchr.ch/html/menu2/2/chr.htm 2. www.brook.edu/press/books/massflgt.htm mandate we were able to push the issues involved. Roberta was also 3. http://brookings.nap.edu/books/0815715137/html/ envelope diplomatically, cautiously, actively engaged in the appraisal index.html but, paradoxically, also aggressively. and development of international FMR/Brookings-Bern SPECIAL ISSUE  The future of the Guiding Principles on Internal Displacement by Walter Kälin

The creation of the mandate of the Representative of n The Organisation of African the Secretary General on Internal Displacement in 1992 Unity (now the African Union) has formally acknowledged and the adoption of the Guiding Principles on Internal the principles. Displacement in 1998 would not have happened without Roberta Cohen’s vision, dedication and persistence. n The Economic Community of West African States (ECOWAS) These events were crucial steps A bottom-up process of has called on its member states in the history of human rights consensus-building to disseminate and apply them. protection because they recognised IDPs as a vulnerable group in need How did it come about that states n A ministerial declaration of the of specific human rights protection. were able to overcome their initial Intergovernmental Authority on The Guiding Principles, in particular, reluctance to endorse the Guiding Development (IGAD) has called have become the authoritative Principles? The answer to this the principles a “useful tool” in text on the human rights of IDPS. question lies in the bottom-up development of national policies What is their present standing and process of consensus building on internal displacement. how should we see their future? during the past eight years. n The Organisation for Security and As a document originally prepared by The ultimate foundation of Cooperation in Europe (OSCE) a team of experts in close consultation international law is consensus. This has recognised the principles with the concerned agencies and not only lies at the heart of treaty as “a useful framework” in organisations and then submitted to law but is also the hallmark of addressing internal displacement. the Human Rights Commission1 but international customary law with its never negotiated by governments, the two constitutive elements of uniform n The Parliamentary Assembly of Guiding Principles are, in strict legal state practice and opinio iuris – the the Council of Europe has urged terms, not binding upon states. When conviction that the custom rests on member states to incorporate the the Principles were presented to the a legal obligation. Consensus is also principles into their domestic laws, then UN Commission on Human the foundation of so-called soft law, and the Committee of Ministers Rights, governments were reluctant to which the Guiding Principles of the Council of Europe recently to do more than simply take note belong, i.e. provisions that are stressed its “commitment to of them. Despite states’ reluctance not binding in a strict legal sense the spirit and provisions of the to endorse them, it was always but which, nevertheless, provide UN Guiding Principles and its clear that the Guiding Principles authoritative guidance on the willingness to implement them have an authoritative character as obligations of states in a specific area. in the member states’ national they are based upon, and reflect legislation and policy.” or restate, guarantees contained Evidence for the acceptance of the in international human rights and Guiding Principles can be found at all At the universal level, not only humanitarian law that respond to levels of the international community. some of the Special Procedures the specific needs of IDPs. Thus, Several governments – in particular of the former UN Human Rights they draw their authority not from Angola, Burundi, Liberia, Uganda, Commission (now the Human Rights the process of elaboration but from Peru and Turkey – have made explicit Council) but in recent times also the the fact that their content is solidly references to the Guiding Principles treaty bodies – the expert committees grounded in existing international in their strategies, policies or even monitoring the implementation of the law. In fact, it is possible to cite for laws on internal displacement.3 Covenant on Civil and Political Rights almost every principle a multitude Others are following their lead and or the Convention on the Rights of of legal provisions which provided are in the process of developing the Child and other UN human rights the drafters with strong normative or revising their displacement- conventions – have called on states guidance.2 Even where language related laws and policies. to respect the Guiding Principles. was used that was not to be found in existing treaty law, no new law in the Regional intergovernmental All these developments culminated strict sense of the word was created organisations have rallied behind in September 2005 when heads of in most cases but existing norms were the Guiding Principles: state assembled in New York for the restated in more specific language. World Summit unanimously adopted  Putting IDPs on the map

incorporate persons, Principle 15 on the right them at the to seek safety in another part of the domestic country or abroad and to be protected level. In order against forcible return to situations of to support danger, Principle 20(2) on documents,

UNHCR/A Hollmann governments and Principles 28 on the right to to do so, I freely choose between voluntary am currently return in safety and with dignity, preparing a local integration or resettlement manual for in another part of the country. The national law- added value of such protocols would and policy- lie in the fact that IDPs could access makers which the individual complaints procedures will be largely more easily and allow the regional based on good human rights courts to develop an practices from IDP-specific body of jurisprudence. throughout the world and At the universal level, the UN should be special procedures and treaty bodies IDPs in language according to which they published in late 2007 or early 2008. should enhance the use of the Bilasovar “recognise the Guiding Principles on Guiding Principles by more regularly 5 camp, Aghjabedi Internal Displacement as an important At the regional level the time may invoking them when addressing District, international framework for the have come to move from mere situations of internal displacement Azerbaijan. protection of internally displaced declarations to binding treaty law. in countries scrutinised by them. persons and resolve to take effective Africa has taken the lead here. measures to increase the protection The draft Great Lakes Protocol on All these efforts may ultimately lead of internally displaced persons.”4 the Protection and Assistance to to the recognition that the Guiding Internally Displaced Persons – which Principles should be transformed would establish standards for the into a universal convention on Should we advocate for better protection of IDPs and oblige the protection of IDPs or even a binding UN treaty? states to incorporate the Guiding that they should be recognised Principles into their domestic law as an expression of international The standing of the Guiding – is ready for adoption. Similarly, customary law. This would be Principles is firmly established. the African Union is in the process binding upon all countries regardless However, more must be done to of drafting a binding instrument of whether they have incorporated strengthen the normative framework on internal displacement which the Principles into domestic law or for the protection of the human would provide a unique chance to ratified regional instruments that rights of the displaced. Some have reinforce the legal protection of IDPs might be adopted in the future. suggested that a way to do so is to in line with the Guiding Principles. enshrine the Guiding Principles Walter Kälin is the Representative in a UN treaty. I doubt that this Another interesting perspective of the UN Secretary-General on would be the best way to proceed. would be the elaboration of additional the Human Rights of Internally Such an endeavour would only be protocols to regional human rights Displaced Persons, Co-Director successful if there were a worldwide conventions that would focus on of the Brookings-Bern Project on consensus that the Principles should incorporating those principles into Internal Displacement and professor be made legally binding at the the regional human rights law that of constitutional and international universal level. Negotiations on are not, or only implicitly, covered law at Bern University, Switzerland. the 2005 World Summit Outcome by the African, Inter-American and Email: [email protected] document have shown that while the European human rights charters and Guiding Principles are welcomed conventions. Such principles include, 1. For the drafting history of the Guiding Principles see e.g., Roberta Cohen, ‘The Guiding Principles on Internal by all governments, many among inter alia, Principle 1(1), stating that Displacement: An Innovation in International Standard them were not ready to explicitly internally displaced persons “shall Setting’,Global Governance 10 (2004), 459–480, at 460–465; recognise their legal character. The not be discriminated against in the Simon Bagshaw, Developing a Normative Framework for idea that internal displacement enjoyment of any rights or freedoms the Protection of Internally Displaced Persons, New York 2005;; and Thomas G. Weiss/David A. Korn, Internal is essentially an ‘internal affair’ on the ground that they are internally Displacement – Conceptualization and its consequences, remains strong in many parts of the displaced”, Principle 6 on the London and New York 2006, at 55–70. world. In this political environment prohibition of arbitrary displacement, 2. See Walter Kälin, Guiding Principles on Internal it is better to continue to build Principle 7 on the modalities of Displacement, Annotations, Washington D.C. 2000, consensus from the bottom up. (lawful) displacement, Principle 9 on highlighting in detail the legal basis for each of the Principles. the protection of indigenous peoples, 3. For more information about recent progress, see www. First and foremost, it is essential to minorities peasants, pastoralists brook.edu/fp/projects/idp/idp_policies.htm and http:// continue, as Secretary-General Kofi and other groups with a special refugeelaw.qeh.ox.ac.uk/pdfs/chaloka-beyani-working- Annan stressed in 2005, to promote dependency on or attachment to their paper-april-2006.pdf 4. 2005 World Summit Outcome, UN Doc A/60/L.1, para. the adoption of principles through lands, Principle 12(2) on confinement 132. national legislation and thus to in camps, Principle 16 on missing FMR/Brookings-Bern SPECIAL ISSUE  Placing IDPs on the international agenda: lessons learned by Petter F Wille

The issue of internally displaced persons is highly sensitive, political division and rancour is with potential to trigger deep divisions among states. And yet the skill of Francis Deng, Walter controversy has been minimised. How has this been possible? Kälin and Roberta Cohen. Roberta’s contribution has been pivotal in working to persuade countries with In 1992 the Commission on Human North/South divide and divisions serious IDP problems that it is in their Rights (CHR) authorised the UN both between and within regional national interest to cooperate with Secretary-General to appoint a groups. In a closing statement to one the mandate rather than to confront representative on the issue of internal of its final sessions, Mary Robinson, it. Between them, Francis Deng and displacement. The mandate was to the former UN High Commissioner Walter Kälin have visited more than explore “views and information from for Human Rights, regretted the all Governments on the human rights divisive nature of commission 25 countries, some – including Sudan issues related to internally displaced debates and votes and referred – on more than one occasion. There is persons, including an examination of to the concerns voiced by human a growing acceptance among states existing international human rights, rights movements that increased that internal displacement is not only humanitarian and refugee law and politicisation of discussions had been an internal matter but also an issue of standards and their applicability to to the detriment of human rights. international concern. Governments the protection of and relief assistance are realising that as conflicts and to internally displaced persons.” This internal displacement spill across was the starting point for a mandate New hopes borders entire regions can be thrown which has achieved results that go into turmoil if root causes of internal far beyond the norm for the UN In April 2006 the UN General displacement are not addressed. system. The mandate has become Assembly voted to replace the Encouragingly, IDPs no longer fall an institution that plays a crucial Commission with a new Human between the mandates of international 2 and catalytic role addressing one Rights Council. This was a decision agencies to the extent they used to. of the most pressing issues facing of historic significance. While tensions the international community. from the former CHR remain, many Crucial to these successes has been member states are now committed the emphasis on building consensus At a seminar held in Oslo in 20011 to giving the council a chance to the situation of IDPs was described start anew to meet the challenge of around resolutions on IDPs in the by using the Norwegian expression promoting and protecting human CHR/Human Rights Council as well “to fall between two chairs”, our rights. There are several encouraging as in the General Assembly. Norway equivalent of the English phrase elements in the council’s mandate. has played, and will continue to play, “to fall between the cracks”. IDPs One test of these commitments will a key role in the General Assembly are often let down by their own be the review of special procedures while Austria has this responsibility governments who are meant to which the council will undertake in the Human Rights Council. The protect them from being displaced. within its first year. These special main sponsors of IDP proposals Unlike refugees, they do not have procedures are one of the most have deliberately tried to avoid an international organisation to important and perhaps the most needless politicisation and sterile deal with their plight. The basic underrated activities in the UN controversies, seeking instead to principle of state sovereignty limits human rights field. They constitute move forward little by little without the ability of the international a unique link between governments, too much noise. For the most part, community to provide them with national institutions, NGOs and this patient approach has led to assistance and protection. civil society. They provide valuable consensual adoption of resolutions. analyses of key human rights issues Human rights work in the UN has and can also serve as a mechanism Francis Deng and Walter Kälin become increasingly difficult. The of last resort for victims. The deserve support and admiration for final sessions of the now-disbanded outcome of this review of these CHR were, at times, bitter. There are procedures will not only be of the way they have conceptualised many who argue that protection of crucial importance for the future of their role as catalysts in the ‘national sovereignty’ should take the mandate on human rights and international system. They have: precedence over the promotion and IDPs but for the whole legitimacy protection of human rights and of the Council of Human Rights. n developed an appropriate fundamental freedoms. Supporters of normative framework for the commission were driven onto the One of the reasons why the mandate responding to the protection defensive. We have seen a worrying on IDPs has bucked the trend towards and assistance needs of IDP  Putting IDPs on the map

n fostered effective institutional provides comprehensive and IDPS with both protection and arrangements at the international regularly updated information and assistance. This is one of the biggest and regional levels analysis on internal displacement, challenges facing the international contributing to improved national community in the years ahead. n drawn attention to specific and international capacities to protect displacement situations through and assist IDPs around the world.3 Petter F Wille is Deputy Director well-prepared country missions General of the Norwegian We have reason to celebrate the Ministry of Foreign Affairs. n conducted research into the many progress which has been made Email: [email protected] aspects of internal displacement. since the mandate was created. There is now wider recognition of 1. See FMR supplement www.fmreview.org/pdf/osloidp. pdf An important contribution has been the need for a more comprehensive 2. www.ohchr.org/english/bodies/hrcouncil made by the Norwegian Refugee international system. However, 3. See article by Elisabeth Rasmusson on page 16 Council and its Geneva-based much remains to be done, not Internal Displacement Monitoring least to get a more reliable system Centre. The IDMC’s online database that can more predictably provide

I first met Roberta... by Maria Stavropoulou

I first met Roberta one afternoon in About a year later I started working donors. She managed to mobilise Roberta Cohen late 1992, when Francis Deng and at the then UN Centre for Human even the most resistant of them all. introduces discussion on she came to the Harvard Human Rights as Francis Deng’s professional Darfur between Rights Programme, looking for assistant. I think Francis will not mind Roberta is a persistent lobbyist (some Jean-Marie researchers to help them begin a legal me saying this, but over the following diplomats must have tried to avoid Guéhenno, UN analysis of the rights of IDPs. She couple of years I must have spent her at times), a merciless editor of Under Secretary- General for and Francis were already soliciting much more time with Roberta on the reports and texts and a relentless Peacekeeping partnerships for this legal research, phone than with him. Roberta had a advocate. At the same time she is and Andrew which, after surprisingly few years, very clear vision about the mandate. a good listener, a generous mentor Natsios, US turned into the Compilation and She wanted a legal framework for young professionals and a great Presidential Analysis of Legal Norms and shortly in place, she wanted the UN to supporter of the human rights Special Envoy for Sudan, 20 afterwards the Guiding Principles be engaged, she wanted to have mandate on internally displaced November 2006.’ on Internal Displacement. partners in the cause, and she needed persons. Her perfectionism, coupled with extraordinary energy, instigated most of the initiatives,

Sharon Farmer Sharon projects and activities described in this FMR special issue. Roberta never gave up, and I suspect she will not give up even once she has retired.

Maria Stavropoulou has worked for the United Nations and UNHCR since 1993. Email: maria. stavropoulou@ gmail.com FMR/Brookings-Bern SPECIAL ISSUE  Humanitarian reform and new institutional responses by Dennis McNamara

In 1998, in their groundbreaking book Masses in significant problems remained in the implementation of the collaborative Flight, Roberta Cohen and Francis Deng noted the response. The studies identified the weakness of inter-agency coordination, lack of clear need for increased accountability institutional responsibility for IDPs and uneven among both Humanitarian and response to their needs. Has anything changed? Resident Coordinators (HCs and/or RCs) – the in-country UN officials charged with coordinating the The short answer to this is yes. The (those described as ‘falling through UN’s response to crises of internal more accurate answer is yes – in the gaps’) to the Emergency Relief displacement – and among the the last year or so, in quite dramatic Coordinator (ERC), the senior UN different operational agencies terms – but with some way still to go. humanitarian official. This was involved. The approach of country The sorts of deficiencies identified followed by increased and regular teams to assessment and strategy by Cohen and Deng which plagued focus on internal displacement in making required improvement. The past international responses will, we the UN’s Inter-Agency Standing decision-making process within hope, soon be much less apparent. Committee (IASC) – the primary country teams leading to a division of mechanism for inter-agency labour needed to be more transparent The institutional response to coordination of humanitarian and predictable. In response, a set internal displacement has long been assistance which brings together the of practical tools was developed in characterised as a ‘collaborative’ one key UN and non-UN partners.1 In the form of an IASC Policy Package involving a broad range of UN and December 1999 the IASC adopted a adopted in September 2004.6 non-UN, governmental and non- policy expressly for the protection governmental actors working in a of IDPs that sought to spell out transparent and cooperative manner the process for implementing the Beyond tweaking to to address the needs of IDPs. It is a collaborative response, both at fundamental reform response that depends on effective headquarters and in the field. leadership and the presence of actors Although these different initiatives to with the necessary expertise, capacity Such developments notwithstanding, strengthen the collaborative response and resources to meet the different there was ongoing criticism of resulted in varying degrees of success, needs of the displaced. It requires the collaborative response, most ongoing efforts by the IDD to promote the establishment of structures to memorably perhaps from the then implementation of the collaborative ensure effective communication US Ambassador to the UN, Richard response and improve protection and transparent decision making, Holbrooke. In response, the IASC and assistance for IDPs in eight adequate resources to guarantee a established a Senior Network identified priority countries revealed comprehensive response (emergency on Internal Displacement which that weaknesses and gaps remained. as well as longer-term solutions recommended establishment of a There was particular concern about and recovery needs), avoiding gaps distinct inter-agency entity charged the absence of predictable leadership and overlaps and clear lines of with providing technical advice and and accountability in key sectors responsibility and accountability. support at both headquarters and the or areas of response. Guidance was And it must take account of the field in order to facilitate improved not being implemented effectively, broader humanitarian context and implementation of the collaborative agencies continued to pick and choose the need to also address the needs response. In January 2002 this areas of involvement and HCs were of other vulnerable individuals, resulted in the establishment within frequently unable to identify reliable groups and communities. the UN Office for the Coordination actors in key sectors. This led to ad of Humanitarian Affairs (OCHA)2 hoc and under-resourced responses. of the Internal Displacement Unit – Analysis from the priority countries Revitalising the re-named in July 2004 as the Internal identified particular problems in collaborative response Displacement Division (IDD).3 the areas of camp management, emergency shelter, return, Implementation of the collaborative The Unit undertook two initiatives reintegration and recovery and the response has not been without its in 2003 – a Protection Survey carried cross-cutting issue of protection. problems. Various efforts have been out in association with the Brookings made to overcome them. In 1997 the Project on Internal Displacement4 In June 2005 the IDD tabled these UN assigned overall responsibility and the IDP Response Matrix (a concerns at the IASC Working Group for coordinating the protection and survey to determine who was doing – a forum for heads of the emergency assistance of the internally displaced what, where and why).5 These found programmes of the IASC agencies. 10 Putting IDPs on the map

We recommended that agreement clusters identified by the HRR in However, its potential for fostering be reached at the institutional order to: discuss designating a a more predictable, accountable, level on assigning specific agency lead agency for each cluster on a timely and ultimately more effective accountability for these ‘problem’ global basis; outline overall cluster international response to the needs sectors. The same concerns fed into requirements and the corresponding of the internally displaced should not the Humanitarian Response Review roles and responsibilities in the be underestimated. Initial signs in (HRR) commissioned by the ERC, Jan cluster and for the cluster lead; the field are encouraging. UNHCR’s Egeland, in response to deficiencies develop recommendations for increased engagement in the in the international response to the improving the predictability, speed protection of displaced populations Darfur crisis. The HRR set out to and effectiveness of the response is apparent in Uganda and DRC, assess the humanitarian response in the sector; and undertake a countries where its involvement capacities of the UN, NGOs, Red preliminary mapping of the current had previously been almost Cross/Red Crescent Movement response capacities and gaps. exclusively focused on refugees. and other key humanitarian actors including the International The IASC agreed in September to the Organization for Migration (IOM) designation of a lead agency for each Will the cluster and to identify gaps. The HRR was of the clusters where critical gaps approach work? tasked to identify factors that have had been identified. Of particular hindered the speed and effectiveness importance to the response to internal Serious challenges remain before of the humanitarian response and displacement, this included the we can expect to see real results to ensure that steps were taken designation of UNHCR as cluster from the cluster approach:9 to improve the timeliness and lead for protection, emergency impact of future interventions.7 shelter and camp management and n Governments, particularly coordination in situations of complex donors, must adequately fund The HRR found that in certain sectors emergencies and UNDP for early the humanitarian reform and or areas of activity it was difficult recovery. In disaster situations, camp meet the significant additional to mobilise adequate resources, coordination and camp management costs at global level and at field material inputs and sufficient were the responsibility of the IOM level – where such key areas as levels of expertise in the timeframe and emergency shelter rests with camp coordination, protection, appropriate to the needs of the IFRC. Protection in disaster settings HC induction and training crisis. Nine clusters of particular and in other situations requiring have often been neglected. concern were identified by the a protection response would be HRR, including those identified decided through consultation n The Red Cross/Red Crescent by IDD: camp coordination and among the three UN protection- Movement and NGOs need management; emergency shelter; mandated agencies (UNHCR, to recognise this as a genuine telecommunications; health; OHCHR and UNICEF) on a case- effort by the UN family to logistics; nutrition; protection; early by-case basis, with one of the three reach out, to become more recovery; and water and sanitation. taking the lead in a given context. predictable players and to engage in genuine partnerships Moved forward by active leadership The cluster approach is essentially with partner organisations on from Jan Egeland, the IASC about transforming a ‘may respond’ the front line of the response. undertook a substantial reform of the into a ‘must respond’ attitude. It humanitarian response system. The is about achieving more strategic n UN agencies must rise to the reform was not confined to IDPs but responses and improved prioritisation biggest challenge: taking up sought to address issues related to of available resources by clarifying these new responsibilities and more adequate, timely and flexible the division of labour among delivering on them. This will humanitarian financing, in particular organisations, better defining their require a significant cultural through a revitalised Central roles and responsibilities within the shift for many of the major UN Emergency Response Fund (CERF) different sectors of the response and agencies, including improved approved by the General Assembly providing the HC with a ‘first port of accountability and a greater in December 2005.8 It also sought to call’ and ‘provider of last resort’. The effort to closely collaborate and strengthen humanitarian coordination approach is currently being rolled cooperate with all partners. and leadership by improving the out in four countries: the Democratic Humanitarian Coordinator system. Republic of Congo, Liberia, Somalia We have come a long way. While both these aspects of the and Uganda. It was also activated However, only through meeting reform will have an impact on the in respect of new emergency these remaining challenges will response to IDP crises, the reform’s situations, namely, Pakistan the humanitarian community be emphasis on more predictable and (following the earthquake in October in a position to provide precisely sufficient humanitarian response 2005), Indonesia and Lebanon. the sort of response that many capacity through the application millions of people, displaced and of the so-called ‘cluster approach’ The cluster approach may not otherwise, struggling for survival in is particularly significant. constitute as radical a reform as, for appalling conditions in disasters and instance, the establishment of a new emergencies around the globe, both The IASC established Working UN agency with a specific mandate deserve and should expect. Only Groups for each of the nine for protecting and assisting IDPs. then will we have really addressed FMR/Brookings-Bern SPECIAL ISSUE 11

6. www.reliefweb.int/rw/lib.nsf/db900SID/LHON- what Roberta Cohen once described OCHA and Special Advisor on 68TERC/$FILE/Policy_Package_IASC_Sept_2004. as the “unconscionable situation” in Internal Displacement to the UN pdf?OpenElement which IDPs cannot expect predictable Emergency Relief Coordinator. 7. www.reliefweb.int/rw/lib.nsf/db900SID/EVOD- responses from the international Email: [email protected] 6FUDKN?OpenDocument 8. http://ochaonline.un.org/webpage.asp?Page=2101 community while refugees in similar 9. See also T Morris ‘UNHCR, IDPs and clusters’, FMR25 1. www.humanitarianinfo.org/iasc situations almost automatically www.fmreview.org/FMRpdfs/FMR25/FMR2531.pdf 2. http://ochaonline.un.org receive protection and assistance. 3. www.reliefweb.int/idp 4. www.brookings.edu/fp/projects/idp/protection_survey. Dennis McNamara is director of the htm Internal Displacement Division, 5. www.reliefweb.int/idp/docs/references/MatrixProp.pdf UNHCR’s role in IDP protection: opportunities and challenges by Erika Feller

Roberta Cohen has encouraged, cajoled and even shamed the individual, in accordance with the the UN into assuming a more effective role to protect IDPs. letter and the spirit of relevant bodies of law, including human rights, Throughout two decades of tireless advocacy she has humanitarian and refugee law, and consistently argued that UNHCR should be more engaged without discrimination of any kind. in IDP protection. Her hopes are now being realised. Adding to this definition, UNHCR During the past year UNHCR determine, within the limits of the has stated that “protection is a has made a clear commitment resources placed at his disposal.” responsibility entailing the restoration to be a more predictable partner Based on this Article, a series of of the most basic rights to the people, among humanitarian actors in UN General Assembly Resolutions not least the right to life, to not suffer its response to the protection, have acknowledged UNHCR’s torture or discrimination, to respect assistance and solutions needs of particular humanitarian expertise for one’s dignity and the preservation IDPs. UNHCR’s policy concerning and encouraged its involvement in of one’s family. Protection is engagement with IDPs has evolved situations of internal displacement. also about creating an enabling from being one of “no, unless environment so that these and other certain conditions are met” to “yes, The principal criteria governing rights have a reasonable chance of unless specific conditions arise.” the organisation’s involvement being enjoyed, pending a durable with IDPs are set out in Resolution solution to the problems at issue.” 53/125 of December 1998, in which UNHCR’s evolving mandate the General Assembly “reaffirms its support for the role of the Office Who protects IDPs? UNHCR’s involvement in IDP of the High Commissioner in operations is not new, and dates providing humanitarian assistance The Guiding Principles on Internal back to engagement in Sudan in and protection to internally displaced Displacement, to which Roberta 1972. Over the years, UNHCR has persons, on the basis of specific Cohen has made such an important extended its services to IDPs and requests from the Secretary-General contribution, state that “national today we are engaged in no fewer or the competent organs of the authorities have the primary duty than 22 IDP operations, seven of United Nations and with the consent and responsibility to provide which have adopted the recently- of the State concerned, taking into protection and humanitarian introduced ‘cluster approach’.1 account the complementarities assistance to internally displaced of the mandates and expertise of persons within their jurisdiction.” UNHCR’s core mandate set out in other relevant organisations, and Even so, there has in recent years its Statute2 is to provide, on a non- emphasises that activities on behalf of been a growing recognition of the political and humanitarian basis, internally displaced persons must not international community’s collective international protection to refugees undermine the institution of asylum.” and complementary protection and seek permanent solutions for responsibility in situations where them. While the Statute makes no The notion of ‘protection’ has been states are unable or unwilling to reference to IDPs, it recognises in defined by the Inter-Agency Standing safeguard the rights of their citizens. Article 9 that the High Commissioner Committee (IASC) as a function that may also “engage in such activities encompasses all activities aimed at The role of UNHCR and other … as the General Assembly may obtaining full respect for the rights of humanitarian actors in situations of 12 Putting IDPs on the map

internal displacement almost always rights issues are the responsibility Approaches to protection demands a delicate balancing act, of the UN High Commissioner for encouraging and assisting states Human Rights and that civilian IASC and UNHCR definitions to assume responsibility for the victims of violence fall within the of protection have a number of protection of their citizens while competence of the International important characteristics which at the same time holding them Committee of the Red Cross. underpin UNHCR’s efforts to plan, to account and substituting for design and deliver protection for them when they fail to fulfill their IDPs. They emphasise the inter- obligations. The ‘cluster approach’ IDP and refugee protection relatedness of the three bodies of now being introduced in situations law (human rights, humanitarian of internal displacement and the There has been a longstanding and refugee law) which must be ‘collaborative approach’ that preceded discussion of the relationship between applied in a complementary manner it have both been formulated as a refugee and IDP protection. In legal to ensure the greatest benefit possible means of operationalising the notion terms, much of that discussion has for IDPs and affected populations. of a ‘responsibility to protect’. focused on the fact that refugees are They both highlight the importance to be found outside their country of non-discrimination and equality, While such approaches should of origin and have a distinct, including the need for the effective enable UNHCR and its partners internationally recognised status mainstreaming of gender, age to generate new synergies and while IDPs remain within their and diversity considerations in all complementarities, they also raise own state and are entitled to enjoy protection activities. The notion of important challenges of inter-agency the same rights as other citizens. IDP protection employed by UNHCR cooperation and coordination. In In practical terms, refugees and recognises the interdependence of refugee situations, UNHCR’s Statute IDPs are confronted by many of law and practice. National legislation enables the organisation to assume the same threats and problems: which recognises and respects the a leading role and to coordinate the lack of adequate shelter, food, rights of IDPs and other citizens is activities of other actors. In situations water, sanitation and health care; of limited value unless those people of internal displacement, however, risk of sexual and gender-based are able to enjoy and exercise those the development of a protection violence; vulnerability to human rights in a practical manner. At the strategy requires consensus among smuggling and trafficking; and same time, UNHCR considers that a number of protection actors, inadequate access to justice. the rights and entitlements enjoyed whose mandates, understanding of by citizens must be effectively protection and working methods In other respects, however, there institutionalised in a country’s legal may be somewhat different. In is evidence to suggest that certain and judicial system, rather than such circumstances, there is a need human rights violations are being granted at the whim of the to ensure that the distribution of particularly widespread in the state and its local representatives. protection responsibilities does not context of internal displacement. lead to contradictory approaches These include forced movement, or weaken accountability. including forced relocation and IDP protection and asylum return; restrictions on freedom The exact scope of UNHCR’s of movement; violations of land, A protection principle espoused by evolving role is also a subject of housing and property rights; and UNHCR is that the organisation’s continuing discussion. UNHCR forcible recruitment to the armed involvement in situations of internal has made a commitment to act as forces and militia groups. Such risks displacement must not undermine the a ‘cluster lead’ in the three areas of are especially evident in situations institution of asylum or compromise protection, camp management and of ethnic cleansing in which the the right of refugees to seek and enjoy coordination and emergency shelter. members of certain communities asylum in another state. UNHCR This is not only in relation to conflict- are deliberately expelled in order is concerned that our leadership of, generated IDPs but also when the to further the political, military or participation in, a collaborative need arises vis-à-vis other affected and territorial objectives of the or cluster-based response may populations, including people living governmental or non-state actors have negative outcomes where: in IDP-populated areas and areas responsible for their displacement. of IDP return. Some organisations n involvement might constitute do not consider the scope of The operational contexts of IDP and or contribute to a strategy UNHCR engagement to be inclusive refugee protection are not identical. that is intended to contain enough, and have argued that in IDPs are frequently to be found in displaced persons within the countries such as the Democratic close proximity to areas of armed borders of their own country Republic of Congo or Somalia conflict and ongoing violence. the international community’s Combatants and political actors n there is a risk that countries protection response should address are often hostile to the presence of asylum may renounce the human rights of the civilian of humanitarian personnel. IDPs their protection obligations population as a whole. UNHCR, themselves may be widely dispersed toward refugees and asylum however, has maintained that the or in hiding, and may be reluctant seekers, on the basis that the aim of the humanitarian reform to identify themselves because of a UN response in the country of process is to fill gaps in existing fear that they will be the target of origin provides them with an responses, that broader human further human rights violations. ‘internal flight alternative’ FMR/Brookings-Bern SPECIAL ISSUE 13 n UNHCR’s impartiality would be might be obviated by a change humanitarian community have negatively impacted, to the extent of circumstances, requiring the made a commitment to improve that humanitarian access to refugee organisation to withdraw from an the predictability and effectiveness populations would be jeopardised IDP operation. Anticipating the of their response to the needs of possibility of such a scenario, the internally displaced populations n UNHCR’s involvement with IDPS IASC has endorsed a mechanism and affected communities. That and affected populations would within the cluster leadership objective has not yet been attained. compromise its relationships with approach to ensure the timely There continue to be important gaps host governments or parties to a identification of another agency to – financial, institutional, operational conflict to such an extent it would assume a protection leadership role. and political – in the international affect our activities for refugees community’s response to the issue of The establishment of this mechanism internal displacement. In seeking to n an involvement with IDPs within does, however, leave at least two fill those gaps UNHCR believes that a collaborative inter-agency important questions unanswered. primary emphasis must be placed on framework could lead to a If UNHCR decides not to get the practical task of providing better conclusion or an interpretation by involved in or to withdraw from protection to IDPs. Improved needs countries of asylum concerning the an IDP situation, is there a risk assessment, coordination, monitoring applicability of Article 1D of the that the involvement of another and reporting mechanisms are 1951 Refugee Convention, which UN agency may undermine the certainly needed. However, they states that the Convention shall not institution of asylum? And to what should not become a substitute for apply to persons who are receiving extent will UNHCR be able to practical protection interventions that protection or assistance from UN withdraw from an IDP operation it safeguard the rights, security and agencies other than UNHCR. has established without endangering welfare of the internally displaced. its protection role in relation to In order to ensure that UNHCR’s refugees living in the same country? Erika Feller is UNHCR’s Assistant involvement with IDPs does not High Commissioner (Protection). compromise the institution of Email: [email protected] asylum, a careful inquiry and Conclusion decision-making process will be 1. See previous article by Dennis McNamara and also T Morris ‘UNHCR, IDPs and clusters’, FMR25 www. required. It is possible that an initial With the introduction of the Lologo transit fmreview.org/FMRpdfs/FMR25/FMR2531.pdf camp for IDPs, and positive determination with cluster approach, UNHCR, the 2. www1.umn.edu/humanrts/instree/v3sunhcr.htm south Sudan, regard to UNHCR’s involvement UN system and the broader September 2006. Manoocher Deghati/IRIN 14 Putting IDPs on the map Providing capacity to do protection: ProCap

Reviews of humanitarian response establishing field offices enabling through a variety of mechanisms. have highlighted protection capacity a protection presence closer to These include an inter-agency as a major gap. A particular challenge communities at risk; supporting the protection training package, has been rapid deployment of formation and functioning of inter- developed together with the Centre experienced protection staff to support agency protection networks; developing for Humanitarian Dialogue2, designed the UN protection response for IDPs common tools and systems for to equip practitioners to undertake and other vulnerable groups in protection monitoring and reporting; context-specific protection analysis, emergencies and complex crises. identifying protection gaps and trends; establish priorities, design and plan ensuring the integration of protection inter-agency responses, and conduct To fill this gap and support the goals issues, including child rights and protection advocacy. The training of the Global Protection Cluster1, sexual violence, into humanitarian package has already been provided an inter-agency Protection Capacity needs assessments and early recovery to some 57 practitioners on existing (ProCap) project has been developed to programming; monitoring returns; standby emergency rosters. With a view respond to gaps and needs in protection supporting the development of to scaling-up, a training-of-trainers response in three priority areas: national policies and legislation to initiative is planned for early 2007. protect the rights of IDPs; promoting n providing surge protection capacity application of the Guiding Principles A dedicated website, ProCap-Online3, through the deployment of senior on Internal Displacement; designing is being finalised to facilitate mapping protection experts on short-term advocacy strategies; and enhancing, of protection capacity, timely matching missions to support and strengthen including through training, the capacity of protection expertise with specific the UN protection response of civil society, authorities and UN needs and support secondment of n increasing the size and and international staff on protection standby protection personnel to diversity of protection profiles issues and strategies for response. protection-mandated UN agencies. in NGO standby rosters The site will provide an interactive n building protection knowledge In addition, ProCap Tier II is partnering forum for ProCap deployees to share and skills among protection with existing standby emergency and discuss protection challenges and officers in standby rosters through rosters maintained by various NGOs strategies, contributing to the exchange inter-agency training workshops, – the Norwegian Refugee Council and development of effective protection practitioner exchange and (NRC), the Danish Refugee Council practices. For the broader humanitarian dissemination of protection tools. (DRC), Save the Children Norway and community, ProCap-Online will serve Sweden, Austcare and RedR Australia as an open-access resource of protection A small core team of Senior Protection – and is committed to increasing tools and reference material to support Officers (SPOs) – known as ProCap the protection capacity within their protection training, policy and practice. Tier I – are ready to provide additional extensive rosters and working with emergency capacity through permanent them to facilitate the mapping and ProCap is managed by an inter-agency rotation to the field on short-term strategic deployment of this capacity. Steering Committee comprising deployments of up to six months ProCap-trained personnel have been OHCHR, UNHCR, UNICEF, OCHA and with UNHCR, UNICEF, the Office of seconded, inter alia, to UN agencies an NGO representative. The ProCap the High Commissioner for Human in Lebanon, Liberia, Nepal, Pakistan, Support Unit is hosted by OCHA’s Rights (OHCHR) or the Office for Somalia, Sudan and Timor Leste. Internal Displacement Division, while the Coordination of Humanitarian NRC administers the Senior Protection Affairs (OCHA). Their role is to ProCap seeks not only to develop but Officers on behalf of ProCap. The strengthen the strategic and operational also to diversify protection capacity, in project is funded through the generous response of the UN Country Team particular by broadening geographic support of Australia, Canada, Denmark, and/or the Protection Cluster lead representation and linguistic skills Norway, Sweden, the UK and the US. agency through the development of among the pool of protection experts protection policies, mechanisms and on standby. ProCap is committed to For further information, contact strategies, advocacy and building expanding its partnerships. Discussions Belinda Holdsworth, ProCap Support in-country protection capacities are underway with a number of Unit. Email: [email protected] (national as well as international). southern-based organisations and networks with interest and capability 1. UNHCR chairs the Protection cluster for conflict- generated IDPs. www.humanitarianinfo.org/iasc/content/ In 2006, nine ProCap SPOs have to contribute to bolstering standby cluster/protection/default.asp?bodyID=29&publish=0 undertaken 12 assignments in seven protection capacity worldwide. 2. www.hdcentre.org countries: DRC, Georgia, Lebanon, 3. http://ocha.unog.ch/ProCapOnline Pakistan, Somalia, Sudan and Uganda. ProCap also promotes the building Their contributions have included: of protection knowledge and skills

Interested in joining 10-15 years of protection-related field Rosters of mid-level Protection Standby experience and proven protection Experts (3-7 years experience) for short-term the ProCap team? expertise, to serve on permanent (12 (3-6 months) deployment are maintained by ProCap welcomes applications for months minimum) rotation to the field. NGO partners. For more information, see: the core team of Senior Protection For more information, see www.nrc.no http://ocha.unog.ch/ProCapOnline/index. Officers, comprised of experts with aspx?module=viewpage&pageid=becomingA FMR/Brookings-Bern SPECIAL ISSUE 15 Protection of IDP women, children and youth by Dale Buscher and Carolyn Makinson

an extremely vulnerable situation. The regions of the world characterised by conflict and Economically dependent on others, displacement have relatively high fertility rates and women and girls suffer domestic young populations. Women and children thus constitute violence, trade their bodies for around 80% of IDP populations. Their specific protection needed cash and commodities and are unable to realise their potential. The cannot be met without provision of key services. lack of livelihood options is far more prevalent in the situation of internal During conflict, flight and The Women’s Commission for displacement than it is in refugee displacement, women and children Refugee Women and Children has settings. Little attention has been are at heightened risk. They are consistently urged humanitarian given to viable income generation more vulnerable to exploitation actors to undertake a pared-down set activities for IDPs, leaving women and abuse. Women and girls are of activities, known as the Minimum and adolescent girls marginalised often the systematic target of sexual Initial Service Package (MISP)3, and economically isolated. violence, have special health needs which protect the lives and health that are often neglected and lack of women and girls of reproductive the protection formerly afforded age. The MISP activities prevent and Education by their families and communities. manage the consequences of sexual Children may be separated from violence, prevent excess neonatal and Armed conflict around the world those who care for them and put at maternal mortality and morbidity, is one of the most formidable risk of sexual abuse and exploitation reduce HIV transmission, and lay obstacles to education. Worldwide, and recruitment into armed forces. the groundwork for comprehensive approximately 120 million children Their entire childhoods may be services to be implemented at a are estimated to be out of school. disrupted, with little access to later date. Despite progress in stable More than half of these children education and few opportunities settings, the evaluation showed that, – two-thirds of them girls – are as they grow older to take on the in both refugee and IDP settings, living in countries engaged in or usual roles and responsibilities of the MISP was rarely implemented recovering from conflict. Many adulthood. While all these issues at the onset of an emergency. of those in areas of conflict are also affect refugees, research shows doubly disadvantaged by being that internally displaced women and refugees or internally displaced.6 children usually fare even worse. Gender-based violence A survey on education in The latest issue of FMR4 reflects emergencies carried out by the Reproductive health increased international attention Women’s Commission found that given to gender-based violence (GBV) in just 10 countries with conflict- Prior to the 1990s, the reproductive in refugee, IDP and post-conflict induced displacement in 2002, health needs of women and settings. It includes discussion of 27 million children had no access adolescent girls were largely ignored the risks associated with firewood to formal schooling.7 The vast in humanitarian settings. In 2004 the collection and underlines the close majority of these (more than 90%) Inter-Agency Working Group (IAWG) connection between GBV and the were IDPs. While attendance for all on Reproductive Health in Refugee absence of opportunities for income displaced children and youth was Situations1 evaluated progress generation in humanitarian settings. staggeringly low, the attendance since the landmark International Traditional harmful practices such and retention of displaced female Conference on Population and as early and forced marriage and students of all ages continued to lag Development in 1994. Their report female genital cutting are just some significantly behind that of males. found that basic reproductive health of the GBV protection risks faced services in stable refugee settings by displaced girls. The Women’s Many factors exacerbate the lack were well established, although action Commission has helped develop tools of educational opportunities for against gender-based violence, HIV/ to allow humanitarian workers plan, IDP children and youth, even AIDS services and safe motherhood implement and monitor programmes relative to refugees. The quality of interventions were still weak.2 The to prevent and respond to GBV.5 education in IDP camps is generally evaluation team had much greater much lower than the education difficulty in obtaining data in IDP provided by international agencies settings than in refugee settings, Livelihoods in refugee camps. More than one- and concluded that services in IDP third of all IDPs remain beyond settings were severely lacking. Lack of economic opportunities the reach of UN assistance. place women and adolescent girls in 16 Putting IDPs on the map

Women’s Commission recently – physical security, access to adequate published a tool to help organisations food and water, appropriate shelter, working with refugees and IDPs to access to legal protection and a fair advocate on their behalf.8 The UN system of justice – interventions of the Millennium Development Goals kind outlined here are vital. If they will not be attained if the needs of are not offered by the international refugee and IDP children continue community, displaced women and to be ignored. One important step children will never be able to live in in the realisation of the right to dignity or be adequately protected. education is the creation of the Inter-

UNHCR/H Caux Agency Network for Education in Dale Buscher directs the Emergencies (INEE), a global open Protection Programme at the Soldiers escort Given that the majority of refugees network of NGOs, UN agencies, Women’s Commission for Refugee IDP men and and IDPs are now displaced for more donors, practitioners, researchers and Women and Children. Carolyn women from Douma camp, than a decade, the need for schools individuals from affected populations Makinson is the Commission’s Sudan, to and comprehensive education to working together to promote access executive director. Emails: daleb@ collect firewood. be provided in the longer term is to quality education for all and womenscommission.org, carolynm@ abundantly clear. Countries such as establish minimum standards.9 womenscommission.org, Afghanistan, Liberia and Sudan now face the challenge of reconstruction 1. www.unfpa.org/emergencies/iawg/index.htm Conclusion 2. www.rhrc.org/resources/iawg with generations of young people 3. www.womenscommission.org/pdf/MISP_fact.pdf – both refugees and IDPs – who have 4. www.fmreview.org/sexualviolence.htm had little access to formal or non- Protection of internally displaced 5. www.womenscommission.org/reports/gbv_tools.shtml formal education and are, therefore, women, children and youth is 6. See FMR supplement ‘Education & conflict: research, policy & practice’, www.fmreview.org/FMRpdfs/ unable to meaningfully contribute inextricably linked to providing what EducationSupplement/full.pdf to the rebuilding of their countries. we all need for normality and well- 7. www.womenscommission.org/pdf/ed_emerg.pdf being – health care, education and 8. www.womenscommission.org/pdf/right_to_ed.pdf All children - including those affected economic opportunities. While the 9. www.ineesite.org/ by armed conflict and displacement protection concerns confronting these – have the right to education. The populations may be much broader

Improving IDP data: prerequisite for more effective protection by Elisabeth Rasmusson

Information on the number, locations and demographic number and circumstances of affected characteristics of IDPs is scarce and chronically unreliable. people. In the immediate aftermath of a natural disaster or outbreak of Lack of information is a key impediment to a more conflict, population movements may effective response to internal displacement crises. be difficult to trace because areas where IDPs have found refuge are A few governments have registered Food Programme. In Burma reliable difficult to access. IDPs who have fled IDPs in a comprehensive manner, estimates are only available for the to urban centres may have specific most recently the government more accessible east of the country. In protection needs but are hard to of Bosnia and Herzegovina with several cases – particularly Colombia distinguish from resident populations support from UNHCR. In Turkey the – there are conflicting estimates or economic migrants. It is often not government is expected to release from government and civil society easy to determine who is an IDP the results of a comprehensive sources. In countries like Rwanda and who is not, or whether people IDP survey soon. However, for and Guatemala, estimates have not have ceased to be IDPs. The question most countries affected by internal been updated for years after the of when displacement ends can be displacement only rough estimates authorities – prematurely – declared particularly difficult to answer in are available. These often only internal displacement as resolved. protracted situations where internal cover parts of a country, or specific displacement has continued for groups of IDPs. The official UN The nature of internal displacement years or even decades. The Guiding figure for Uganda until recently makes it difficult for governments Principles on Internal Displacement only included IDPs living in camps or international organisations to and a set of benchmarks of durable receiving food from the World register or otherwise determine the solutions currently being worked FMR/Brookings-Bern SPECIAL ISSUE 17 out by the Brookings-Bern Project on At the very minimum the total therefore crucial to conduct a Internal Displacement provide useful number of IDPs and their thorough risk analysis at each guidance – but grey areas remain. geographical distribution should stage of a data collection process. be determined in each country National governments have a affected by internal displacement to n Collaboration: Whether responsibility to collect IDP data the level of accuracy possible under organised by governments or but may be reluctant for political prevailing circumstances. Wherever the international community, reasons to acknowledge the actual possible, more detailed demographic data collection effort should scale of internal displacement. data should be gathered, including involve all relevant stakeholders, Governments at times use inaccurate breakdowns by gender and age, and including NGOs. Wherever figures or even block attempts by basic information on humanitarian possible, IDPs themselves should international or national organisations and protection needs. Reliable be engaged in the design and to collect and publish more accurate country statistics on IDPs are needed implementation of data collection. information. Governments may in order to be able to analyse trends try to hide an IDP crisis which and better understand the causes and n Sustainability: Efforts should they fear could expose and draw effects of displacement. This in turn is be made to ensure that the unwanted international attention to a precondition for effective advocacy data collected is regularly human rights violations, unresolved aimed at improving responses to the updated, for example through conflicts or erosion of state authority. global internal displacement crises, the establishment of a network However, other governments and to support efforts to prevent of local organisations feeding may wish to inflate the number of new displacements. Finally, without new information on population IDPs to attract more humanitarian better data we will not be able to movements or protection gaps aid or to mobilise international monitor the impact of the current back into a central database. opinion against an internal or humanitarian reform process.1 external adversary accused of being Towards better IDP data responsible for the displacements. There are basic principles which should govern all IDP In order to improve the availability International organisations rarely data collection exercises: and quality of basic IDP data, the see it as a priority to step in where Norwegian Refugee Council’s Internal governments are unwilling or n Inclusiveness: Reliable information Displacement Monitoring Centre, unable to get an accurate picture of should be available on all IDPs, with OCHA’s Internal Displacement the scale and scope of an internal whether they are in camps, Division, has developed inter-agency displacement situation. As there staying with host families or in guidelines on the profiling of IDP is no operational agency with other settlements or urban areas. populations. The draft guidelines a comprehensive mandate for Statistics should include those – currently being field-tested IDPs, enumeration is often patchy. who have been forced to flee – seek to assist national authorities Determining country IDP figures falls their homes by armed conflict, and national and international within the overall responsibility of generalised violence and human organisations to quantify IDP the UN’s Resident or Humanitarian rights violations, as well as those populations and collect other Coordinators. Under pressure from displaced by natural disasters information relevant for improved donors, some have tried but they and development projects. protection and assistance. They are often lack resources, knowledge Attention should be paid not only designed to enable practitioners of methodologies or agency to humanitarian emergencies to decide which profiling support to enable them to do so. but also to hidden or protracted methodology is best suited for a displacement situations. given IDP situation. They will thus be an important tool for promoting Why we need better IDP data n Protection: It is important to the establishment of better IDP remember that the availability of population data collection. Ultimately, The availability of reliable data can have serious implications however, the improvement of the information on IDP populations is for the safety of displaced availability and quality of IDP data crucial for improving the protection individuals or groups. This can be will depend on the political will of IDPs. IDPs have particular the case where – as in Colombia of governments and senior UN vulnerabilities resulting from their – IDPs may choose anonymity representatives and the extent to displacement that distinguish them to escape persecution by state which they recognise and prioritise from other people affected by conflict authorities or armed groups who the need to improve responses to or natural disasters, and therefore see IDPs as rebel sympathisers. internal displacement situations. may require specific responses by In other situations it may not governments, civil society or the be in the best interest of IDPs to Elisabeth Rasmusson is director international community. Only if be identified as a special group of the Internal Displacement IDPs are identified and quantified as this could lead to resentment Monitoring Centre (IDMC) www. can the necessary responses be among the resident population. internal-displacement.org. Email: developed and implemented in Singling out displaced populations [email protected] a targeted and effective way. for the purpose of aid delivery can increase their vulnerability 1. See article by Dennis McNamara on page 9-11. to assaults and looting. It is 18 Putting IDPs on the map IDP protection at the national level in South Asia by Paula Banerjee

South Asia is one of the most conflict-prone and ‘modernisation’ which has regions in the world and internal displacement led to state-led construction of dams, transport links and urban is a fact of life. Governments have been loath to infrastructure. So strong was national acknowledge IDP issues but is change afoot? consensus that protests against the large number of dams build in the Discrimination against minorities, activists to expand their knowledge first four decades of independence religious and ethnic hatred, state of displacement in order to promote were rare. Prime Minister Jawaharlal repression, demands for self- better policies and programmes Nehru’s comment that dams were determination, famines, floods and for vulnerable displaced groups. the “temples of modern India” ill-conceived development projects Research drew attention to the gave legitimacy to the paradigm of have contributed to massive internal increased vulnerabilities of displaced ‘development’. When discontent was displacement in South Asia. For the communities, especially religious and expressed the Congress Party quickly most part victims are unable to cross ethnic minorities, lower caste people, co-opted protest leaders. It was only borders and are with the Narmada 1 Tsunami- forced to live within Valley Project that displaced a regime that created the first serious family, the occasion for popular opposition to Sri Lanka. their displacement development-induced in the first place. displacement began. Soon agitations All South Asian spread to urban states consider renewal schemes, internal displacement highway making, to be an internal steel plants, mining matter. National and the ecological policies emphasise ravages of the welfare and do prawn industry. not recognise the rights set out in the Significant numbers Guiding Principles. of Indians have also There is little been displaced by acknowledgement International Jeffrey/ACT Paul conflict. Lack of that IDPs are citizens regional or national – with the concomitant entitlements women and children. It became mechanisms has meant that different that citizenship brings. In no state clear that very few people could groups of IDPs are treated differently in South Asia is land recognised as access any form of compensation according to which Indian state they a fundamental right, thus making or other assistance. Women were live in and their caste/ethnic status. it very easy to displace people. particularly marginalised, finding Kashmiri Pundits – the estimated Policies which were intended to it virtually impossible to access 350,000 Hindus displaced as a result be pro-poor today work in favour resettlement aid in their own names. of the ongoing conflict in the Kashmir of the rich and the powerful. Valley – receive assistance of around India, Nepal and Sri Lanka have $40/month while the 300,000 IDPs Policymakers and the general public tried to develop national IDP displaced in northeastern India only became aware of the extent of mechanisms. However, policies – including Santhals and members internal displacement in South Asia are not sensitive to the needs of all of other adivasi (‘scheduled/ in the 1990s. As internal displacement the disadvantaged sections of the tribal’) communities – get almost accelerated, governments across population and often selectively nothing. Many continue to live in South Asia established national benefit favoured groups of IDPs. makeshift camps, unable to access human rights commissions but their health and education services, mandates were limited. Impetus to effectively abandoned by the address IDP issues was provided by a India government. Adivasis – around two-year research project – supported 7.5% of India’s population – are a by Robert Cohen and the Brookings Ever since independence in 1947 disproportionate segment of India’s Project on Internal Displacement the Indian state has been committed IDP population. They make up 40% – which helped regional scholars and to an ideology of ‘development’ FMR/Brookings-Bern SPECIAL ISSUE 19 of the estimated 33 million people n NPRR has no provisions needs assessment, planning and displaced by development projects. regarding multiple displacement delivery of assistance. The Triple R although field evidence Framework adopted the Guiding Discussion of a draft IDP policy shows most IDPs suffer from Principles on Internal Displacement continued for two decades and it multiple displacements. as official policy for assisting IDPs was only in 2004 that a National affected by the conflict and required Rehabilitation Policy for Project n NPRR procedures are only ministries to bring their policies Affected Families (NPRR)2 was activated when a set number of and programmes into alignment passed with minimal debate. NPPR people are displaced – at least with these principles. However, as only applies to those displaced 500 families in lowland and 250 conflict resumes, political calculations due to development projects and is families in highland areas. Civil are again taking precedence over primarily meant to safeguard the servants are tempted to under- humanitarian considerations. interests of resource-poor landless enumerate in order to avoid agricultural labourers, forest dwellers, liability to pay compensation. Displaced tsunami survivors have artisans and adivasi groups. The been more successful in accessing NPRR should safeguard adivasis The gravest failure of the NPPR resources. Houses, albeit of poor from arbitrary displacement but is that it only applies to a sub- quality, were built in record time has no provisions to consult them. group of India’s IDP population and compensation payments and ignores those displaced by made. Conflict-affected IDPs were The NPRR is almost gender blind. conflict and/or natural disasters. upset by the differential treatment, It makes no provisions for adult especially as their monthly food daughters of the family to be rations were less than those given compensated for displacement on Sri Lanka to tsunami survivors. UNHCR an equal basis with the adult sons, officials are aware of discrepancy as it wrongly assumes that adult By 1995 the number of people of provision but there is little they women are married and thus no internally displaced by the Tamil- can do. Tough times lie ahead for longer part of their natal family. Sinhalese conflict in Sri Lanka Sri Lanka’s war-affected IDPs. This follows the pattern set by had topped a million. A ceasefire Narmada Waters Dispute Tribunal in 2002 saw the number of IDPs Award of 1979 that makes men the decline but the tsunami on 26 Nepal sole recipient for compensation December 2004 and the resumption and rehabilitation. This has had of hostilities between the Sri Lankan It is estimated that up to 200,000 heinous effects on women in general government and the Liberation people have been internally displaced and female-headed households in Tigers of Tamil Elam (LTTE) have led in Nepal by ten years of war, which particular. There are cases where to new displacement. The Internal has claimed more than 13,000 lives men run away with the cash that Displacement Monitoring Centre and affected all districts of the they receive as compensation and (IDMC)3 estimates that 200,000 country. The war has also thrown women are left to look after the people have been displaced since hundreds of thousands of people family in a state of utter penury. January 2006 and that IDP numbers onto the road to India – a traditional are again in excess of half a million. migration route for Nepalese. The NPRR has other grave shortcomings: Throughout the conflict no ministry The government announced policies has had overall responsibility for IDPs in 1999 and made local civil n Financial assistance is restricted for IDP welfare and there are servants responsible for registering to the equivalent of a minimum no comprehensive policies or displaced people. However, hardly wage for 625 days: families guidelines on displacement. A range any did so. No accurate displacement below the poverty line would of departments, ministries and aid figures are available since movements much rather have jobs than agencies have taken responsibility have not been monitored and no receive once-off allowances. for relief, protection and assistance. comprehensive registration has Allocation of ministerial areas of taken place. As a consequence of a n Cash compensation is responsibility appears driven by biased governmental IDP definition, inappropriate for people who political and electoral considerations. the majority of IDPs have been may have had little experience Administrative practices have excluded from assistance and the of the market economy and thus been subject to whimsical changes ‘IDP’ term has become a pejorative unwisely use cash made available. and food entitlements have often label designating a small group of been arbitrarily cut. Decisions displaced closely linked to the state. n There is little safeguard taken at ministerial level in This makes future registrations as against corrupt officials. Colombo have been ignored well as assessments of the scope of by local army commanders. displacement very difficult. Hardly n Provisions for project- any IDPs have returned home, despite affected people to participate In June 2002 the government the ceasefire and conclusion of a in grievance procedures are adopted a National Framework peace agreement in November 2006. extremely restrictive. for Relief, Rehabilitation and Reconciliation (Triple R)4, to Plans to provide fertilisers, seeds, provide a common strategy for health care, food for work, security 20 Putting IDPs on the map

and temporary shelter have been displaced themselves, as well as by and civil society partners has forced half-hearted. Only a small number the lack of a government return plan. the state government to rethink the of IDPs have received a promised process of acquiring agricultural daily allowance and then only for land for industry and to engage a limited period. IDPs who found The way forward in dialogue with the people who their way to Kathmandu, the capital, are to be displaced concerning have not been given any assistance. South Asia needs a paradigm shift. compensation for lost land. As is often the case in situations of Programmes for rehabilitation and internal displacement, many IDPs care for IDPs must fall within the Unless the situation of IDPs is in Nepal have lost their documents framework of rights and justice, addressed and justice achieved, there during the course of their flight, a not those of humanitarian needs will be no lasting peace in South Asia. major obstacle to their integration and welfare. Governments have to in urban areas. UNICEF reports recognise that they cannot give aid Paula Banarjee teaches at the that some IDP children are being to one group of IDPs and deny it to University of Calcutta, Kolkata denied an education because they others. They need to acknowledge and is Senior Researcher for the lack proper documentation or the reality that the bulk of conflict- Mahanirban Calcutta Research Group because they need to contribute or development-induced IDPs (www.mcrg.ac.in). She is one of the financially to the survival of their are adivasi, lower caste, rural and editors of a joint CRG/Brookings family. IDPs displaced by the Maoist urban poor and/or women. publication: Internal Displacement rebels have found it easier to access in South Asia, Sage India 2004, assistance than those displaced by Although national policies on IDPs ISBN 0761933131/ 0761933298. the Nepalese army. IDMC notes that are flawed, it must be acknowledged Email: [email protected] continued human rights abuses by that governments are belatedly the Maoists – killings, abductions developing IDP policies as a result 1. See www.narmada.org and R Oleschak. ‘Sardar Sarovar injustices’, FMR 26, www.fmreview.org/ and torture – prevent large-scale of popular activism, research and FMRpdfs/FMR26/FMR2638.pdf return movements. These are the work of national human rights 2. www.dolr.nic.in/Hyperlink/LRC-status/nprr_2003.htm also hampered by the absence of commissions. These are moves in 3. www.internal-displacement.org government representatives at the the right direction. In West Bengal, 4. www.erd.gov.lk/publicweb/RRR2002/chapters1-6.doc village level, these having been a self-avowed leftist state in India, recent activism by potential IDPs A road map to the end of displacement in Sri Lanka? by Jeevan Thiagarajah

The Consortium of Humanitarian Agencies (CHA) is a The resultant Guiding Principles on Internal Displacement: a Toolkit for non-profit agency representing those working in the Dissemination Advocacy and Analysis3 humanitarian sector in Sri Lanka. Our work on internal was practice-oriented. It recognised displacement, the knowledge we have gained and the that the Guiding Principles can be an unwieldy tool of analysis. To capacity we have developed owe much to collaboration add to the practical nature of the with Roberta Cohen and her Brookings colleagues. toolkit, discussion and analysis components were included with Internal displacement is a major awareness and training project. The pages allocated for notes and obstacle to development in Sri Lanka. project sought to synthesise the questions. Activities to publicise the At times up to two million have been Guiding Principles, Modules on toolkit and train practitioners in its displaced. The current number of Internal Displacement developed use sought to encourage participants IDPs – the long-term displaced and by the Norwegian Refugee Council to think, understand and reach those recently displaced both by (NRC) and the Office of the UN High their own conclusions – rather the tsunami and the resumption of Commissioner for Human Rights than conform to the rules and non- conflict – hovers around 450,000. (OHCHR), Annotations to the Guiding participatory techniques of traditional Principles1 by Walter Kälin and a workshops. The toolkit was user- In 2001 CHA, in collaboration Handbook for Applying the Guiding friendly, interactive, transparent, with UNHCR and the Brookings Principles on Internal Displacement2 educational and reflective. It Project on Internal Displacement, developed by the UN Office for targeted politicians, military officers began an ambitious undertaking to the Coordination of Humanitarian (both from the Sri Lankan armed operationalise the Guiding Principles Affairs (OCHA) and Brookings. forces and the Liberation Tigers of Internal Displacement via an of Tamil Eelam – LTTE), donors, FMR/Brookings-Bern SPECIAL ISSUE 21 local and international NGOs, IDPs of origin assets required for their Displacement has been the most themselves and the general public.4 livelihood… Although light enough visible impact of Sri Lanka’s to carry around, the Practitioner’s protracted conflict. An end to Our partnership with Brookings Kit bears a heavy message. It should displacement would the most contributed to our understanding help not only the Government of visible progression to peace in the of the end of displacement. CHA Sri Lanka but all governments and country and a lasting tribute to further collaborated with Brookings to major actors to find the right solutions the value of our collaboration. produce a Practitioners Kit for Return, to ending mass displacement.”6 Resettlement and Development5 which Jeevan Thiagarajah is Executive focused on realisation of Guiding With Brookings assistance we also Director of the Consortium of Principles 28, 29 and 30 relating to launched an IDP newsletter – in Humanitarian Agencies (www. the three Rs of return, resettlement English, Sinhala and Tamil.7 humanitarian-srilanka.org), Colombo, and reintegration. Drafting involved Sri Lanka. Email: [email protected] intensive consultation in order to ensure the document was practical End of displacement 1. www.reliefweb.int/rw/lib.nsf/db900SID/KKEE- 6DDSGX/$FILE/Guiding%20Principles%20on%20Internal and reflected a field perspective. At in sight? %20Displacement.pdf?OpenElement a stakeholders’ meeting, consensus 2. www.brookings.edu/fp/projects/idp/resources/ was reached prior to the Practitioner’s In early 2006 the Sri Lankan HEnglish.pdf Kit being released. Roberta Cohen government appointed a committee 3. www.humanitarian-srilanka.org/eResources/PDFdocs/ GPtoolkitfull.pdf noted that the kit adapted the to look into displacement and suggest 4. For more information about the Tookit and the 8 Guiding Principles to the Sri Lankan solutions. The draft legislation process of its preparation and dissemination see Danesh experience. “Returns,” she wrote, before Parliament at present would, Jayatilaka and Robert Muggah ‘Where there is no “must be voluntary, based on once ratified, create for the first information: IDP vulnerability assessments in Sri Lanka’s informed decisions about conditions time a unitary body in charge of borderlands’, FMR20, www.fmreview.org/FMRpdfs/ FMR20/FMR2019.pdf . in return and resettlement areas. IDP policy – the Jathika Saviya See also: www.brookings.edu/fp/projects/idp/syllabi/34- They must take place in safety and Authority. It would have powers to CHA-Danesh-d2-1.pdf dignity with the displaced given formulate national policy and plan, 5. www.humanitarian-srilanka.org/Pages/Call%20fo%20a the opportunity to participate in implement, monitor and coordinate ction%20English.pdf 6. R Cohen, ‘A recipe to end internal displacement’, their planning and management. the resettlement of IDPS and refugees. FMR 21, www.fmreview.org/FMRpdfs/FMR21/ IDPs must enjoy full access to public The presence of CHA in the committee FMR21brookings.pdf services, equality before the law and that influenced the legislation owes 7. www.humanitarian-srilanka.org/Knowledge_Centre/ not be considered ‘enemies’. They much to the knowledge we gained Publications.php should have the right to recover as a result of our relationship 8. Thiagarajah, J & Dinusha Pathiraja (2006). Human Rights and Humanitarian Laws in the Face of Continued their property and possessions or with the Brookings project. Displacement in Sri Lanka - www.reliefweb.int/rw/lib. receive compensation, and should be nsf/db900SID/KKEE-6DDSGX/$FILE/Guiding%20Principl assisted in transporting to their areas es%20on%20Internal%20Displacement.pdf?OpenElement How far may Colombia’s Constitutional Court go to protect IDP rights? by Manuel José Cepeda-Espinosa

In 2004 Colombia’s highest court declared that the inhumane The Colombian government estimates living conditions of the country’s IDPs were ‘unconstitutional’ that there are 1.8 million IDPs but the Consultoría para los Derechos and ordered the authorities to take action. Colombia has, Humanos y el Desplazamiento arguably, the world’s most progressive IDP legislation but (CODHES) – the country’s leading can the state guarantee IDPs their constitutional rights? NGO advocate for IDPs1 – argues that well over three million people Colombia’s internal armed conflict is landowners and other legal and illegal – of a total population of some 44 the longest running in Latin America, interests. Displacement has been an million – are internally displaced. a complex conflict which has been endemic feature of the 40-year-long fought primarily between left-wing conflict. The vast majority of those Since the adoption of the 1991 guerrillas and Colombian armed forced to flee do not cross borders but Constitution, Colombia has developed forces and right-wing paramilitaries become IDPs. Colombia has one of the a large body of jurisprudence with but also involving drug traffickers, highest IDP populations in the world. regard to human rights. Among the 22 Putting IDPs on the map

constitutional mechanisms to ensure violations of their constitutional Colombian state complies with its the effective exercise of human rights rights and the repeated failure of the orders. Funding for IDP programmes is acción de tutela, a petition procedure authorities to protect their rights. has been significantly increased. which allows individuals to seek The Court took into account that Permanent evaluation mechanisms protection of fundamental human the displaced population included are being put in place, including a rights in the courts. A tutela is a a high number of persons to whom set of targeted result indicators to complaint that any citizen can bring the constitution affords special measure progress in realising IDPs before any judge in order to seek an protection – elderly persons, female rights. The IDP issue is now firmly immediate judicial injunction against heads of household, pregnant women, on the government’s agenda and actions or omissions of any public children, members of indigenous more frequently discussed in the authority that they claim violates and Afro-Colombian communities Congress and the media. The Court’s their constitutional fundamental and persons with disabilities. The decision has also served to legitimise rights. Courts must hand down a Court noted that the violations of and protect agencies working to ruling within ten days of receiving their rights were not attributable protect IDP rights. In June 2005 civil a petition. More and more citizens to the actions or omissions of a society advocacy groups met – on are using the tutela in defence of civil single authority but were due to a basis of equality – with Cabinet liberties, social rights and indigenous deep-seated structural failures. ministers charged with submitting peoples collective rights. In 1992 a reports on progress in complying total of 8,060 tutela judicial decisions The Court’s declaration of an with demands set out in T-025/04. reached the Court for discretionary unconstitutional state of affairs is review but by 2005 there were only done when problems are so 221,348. Since 1992, the Constitutional entrenched that they require the Challenges ahead Court, to whom all tutela judicial intervention of several organs of the decisions must be sent for certiorari Colombian state for their resolution. Much has been achieved but there selection, has received about 1,400,000 The Court may order the adoption is still a long way to go before tutela decisions. Laws can also be of remedies that benefit not only internal displacement in Colombia is brought before the Constitutional the plaintiffs in an individual tutela adequately addressed. The Court has Court and declared unconstitutional action but also other persons who recently drawn attention to delays in in the abstract with erga omnes effects, share the same situation – in this the adoption of the measures required through another kind of petition case, the entire displaced population to overcome the unconstitutional (actio popularis). In this event, the in the country. The Court issued state of affairs. It has highlighted the Court must rule within six months. orders for remedying the budgetary need for action in ten critical areas: and administrative capacity Since 1997 the Court has addressed shortfalls and established minimum n coordination between individual tutela cases submitted mandatory levels of protection of state agencies by IDPs who invoke specific IDPs’ rights that were to be secured fundamental rights – including rights in an effective and timely fashion. In n registration and collection of to non-discrimination, life, access August 2005 it further declared that demographic data on IDPs to health and education services, actions taken since the ruling were minimum income, housing and insufficient and issued additional n sufficient budgetary allocations freedom of movement. From its first orders for correcting the response. decisions the Court acknowledged the n lack of indicators to measure existence of a humanitarian crisis. As Although the Court’s unprecedented ‘effective enjoyment of rights’ more and more IDPs took up cases, by action was justified primarily by 2003 the Court had dossiers submitted the need to enforce fundamental n policy vagueness by over a thousand IDP families. constitutional rights the members of the Court also sought n failure to protect the indigenous justification from international and Afro-Colombian groups Landmark decision law. The Colombian Constitution who have borne the brunt provides that fundamental rights of displacement and whose The Court delivered judgment T- must be interpreted in the light communities are at risk of dispersal 025/04 in January 2004 after reviewing of international human rights. 108 cases. It formally declared that The Court relied heavily on the n inadequate levels of security IDPs’ inhumane living conditions Guiding Principles on Internal during the process of IDP returns needed to be addressed by all of the Displacement and used them as competent authorities. It noted that interpretative guidelines to determine n failure to equally address “due to action or omission by the the exact scope of the rights of the needs of those displaced authorities in providing displaced IDPs and the extent of the state’s before and after T-025/04 population with optimum and obligations to promote them. effective protection, thousands of n poor coordination between people suffer multiple and continuous The government initially conveyed different tiers of government violations of their human rights.” certain misgivings but has now It came to this conclusion after explicitly committed itself to abiding n lack of a policy to prevent noting the extreme vulnerability by the Court’s decision and to displacement, especially faced by IDPs, protracted and daily ensuring the entire apparatus of the during military operations. FMR/Brookings-Bern SPECIAL ISSUE 23

The Colombian government has course and has made substantial credibility at stake but so too are the recently filed a new report, as progress. Organisations of displaced prospects of Colombia’s IDPs finally required by the Court, indicating how persons themselves have requested achieving their constitutional rights. it plans to address these ten critical the Court to continue this approach. areas. The Court has had to opt However, there are those who draw Manuel José Cepeda-Espinosa is between imposing sanctions – fines attention to the fact that almost three one of the nine judges serving on the or imprisonment of negligent officials years have passed since T-025 was Corte Constitucional de Colombia. – or continuing to order gradual handed down. Some have asked the Email: [email protected] advances towards fulfillment of IDPs’ Court to declare public officials in rights. The Court has chosen the latter contempt of court. Not only is its 1. www.codhes.org

IDPs in Colombia UNHCR/P Smith Regional or national protection for Great Lakes IDPs? by Zachary A Lomo

Roberta and I differ on both substantive issues and The key problem facing IDPs in the Great Lakes states – Rwanda, methodological approaches to the protection of Burundi, the Democratic Republic of IDPs. The key problem facing IDPs in Africa’s Great Congo, Uganda, Kenya and Tanzania Lakes is not lack of regional mechanisms but the – is the absence of strong national absence of strong national protection systems. systems and local and international commitment to enforcing existing Roberta believes that the on states. While Roberta strongly international standards. IDPs are the distinctions between refugees favours international and regional epitome of a crisis of nation-building, and IDPs are arbitrary and mechanisms for the protection of a failure to reform the post-colonial argues for parity between them. IDPs, I advocate for strong national state. The Great Lakes is characterised I contend there are substantial systems that address the root by weak and poorly-led states prone legal and material differences causes of forced displacement. to external interference. The result is arising from the configuration of bad governance and the destruction the international system based or weakening of political, social, 24 Putting IDPs on the map

economic and judicial institutions to their first summit regional leaders n External interventions can allow citizens to negotiate competing committed themselves to comply destroy local systems and interests over natural resources. It is with the Universal Declaration of engender dependency. not surprising that different groups Human Rights and operationalise have resorted to war in order to either relevant international and regional Uganda is a good example. be heard, protect their interests, avert human rights instruments. They External pressure pushed Uganda a potential threat to develop an IDP policy that does Cet Kana or simply usurp not conform to the requirements IDP camp, political power. of the country’s constitution. As a Gulu District, result, institutions created by the northern Uganda, The regional policy document have taken second August 2006. and global place to external mechanisms. In consequences have effect, IDP issues in Uganda are not been catastrophic really in the hands of Ugandans. – genocides in Burundi in 1972 and Rwanda in National mechanisms 1994. Massacres need priority and gross violations of We need to focus attention on Manoocher Deghati/IRIN human rights developing national mechanisms for continue unabated protection of IDPs. IDP advocates in almost all the countries of the also pledged to establish regional such as Roberta often miss the point region except Tanzania. According and national systems to identify, when they spend time comparing to the International Displacement disarm and separate combatants IDPs to refugees and wish there Monitoring Centre there are over four from civilian refugees and displaced was an international regime for IDP million IDPs – around two million persons and to confine them in protection akin to that for refugees. in northern Uganda, 1.5 million facilities to prevent them from Generalised assertions tend to suggest in DRC and 117,000 in Burundi. manipulating refugees and IDPs that IDPs face problems because Officially, Rwanda has no IDPs but for political or military purposes. they are IDPs. The reality often is some reports suggest more than that by the time IDPs come to our 200,000 Rwandans still live in IDP-like There is often a blind faith in the attention the whole country has been situations. Deceptively stable, Kenya international system. International terrorised and no one is safe anymore. has up to 400,000 IDPs displaced mechanisms are allegedly by conflict over natural resources. independent, impartial and free from Putting emphasis on national political intrigue and manipulation. mechanisms allows us to address These statistics do not tell the It is claimed they can mobilise the issues of bad governance that whole story. No one can know the resources and expertise that are are at the root of human rights exact number of people who have always urgently needed to address violations for all citizens, whether been forced to flee because many the unique needs of IDPs. However, or not they are IDPs. It means: do not opt for the official camps, experience shows that neither in the instead finding shelter amongst Great Lakes nor elsewhere is this the n working hard to end the communities where there is relative best approach to protection of IDPs. immediate causes of displacement stability and peace. The situation of IDPs remains precarious and n International and regional n supporting peace talks deplorable with continued threats to arrangements are unable to and processes physical security, lack of adequate acknowledge how internal food, safe drinking water, health displacement crises are n ensuring that the interests of and educational services, and related to national politics those forced to flee their homes prevalence of HIV/AIDS and sexual and governance issues. are protected through progressive and gender-based violence. inclusive policies and legislation n External mechanisms can ignore In conflict and post-conflict situations, serious violations of human n reform of constitutions national systems in the region rights and legitimate corrupt and national laws which are virtually dysfunctional. It is and dictatorial regimes. determine access to land thus tempting to call for external and natural resources. involvement. The International n Many international actors do Conference on the Great Lakes not endeavour to understand Regional mechanisms for protecting Region1 represents the most concerted national legal systems and rules. IDPs should not be a priority. The external attempt – spearheaded problem of the protection of IDPs by the UN in collaboration with n External mechanisms can in the region has neither been lack the African Union – to find a support institutions that of a regional legal framework nor lasting regional solution to the are not accountable to their limited involvement by international root causes of the tragic events purported beneficiaries actors but rather endemic leadership that have engulfed the region. At problems at national level. The FMR/Brookings-Bern SPECIAL ISSUE 25 problem is primarily political and reaches out and is not introverted directed the Refugee Law Project, will require political solutions. or locked in ethnic prejudices; that Makerere University, Kampala, Attempts to push for a regional is confident and not insecure; that Uganda. He is now a PhD student protocol on IDPs – which basically is transparent and not corrupt; at the University of Cambridge. adopts the Guiding Principles that is humble and not aggressive Email: [email protected] on Internal Displacement – are and arrogant; and that is patient counterproductive and diversionary and not intolerant. Above all, the A fuller version of this article and risk allowing external interests Great Lakes requires leadership is online at: www.fmreview. to override the real issues. that forges a collective vision. org/pdf/lomo.pdf

The region needs good leadership Zachary A Lomo, a former 1. www.icglr.org that unites rather than divides; that researcher at the Refugee Studies builds rather than destroys; that Centre, University of Oxford, Development-induced and conflict-induced IDPs: bridging the research divide by Michael M Cernea

The single most important idea promoted by the “the concept of sovereignty cannot project which Roberta Cohen has co-directed is the be dissociated from responsibility: a state should not be able to claim the concept of sovereignty as responsibility. This provides prerogatives of sovereignty unless a theoretical and legal platform for supporting all it carries out its internationally those displaced within their own countries – including recognised responsibilities to its citizens . . . Failure to do so would those displaced by development projects. legitimise the involvement of the international communities in such Surely, internal displacement as energies with Francis Deng and protection and assistance.” a concept owes its ascent to the the world’s current awareness of Guiding Principles. But it also gained the global tragedy of the internally The historical record shows, sadly, worldwide circulation because displaced owes much to them. that even today the ‘sovereignty these principles landed on policy as responsibility’ argument makers’ tables accompanied by the remains an indispensable tool, audible thud and impressive calibre Sovereignty as responsibility a “most powerful idea that has of two heavyweight volumes by emerged in the international Roberta Cohen and Francis Deng: One crucial concept developed to arena in the last decade”.1 Masses in Flight and The Forsaken defend IDPs’ rights is the concept People. The wording of the books’ of sovereignty as responsibility. In common title was haunting: The my own work on behalf of those Unclear taxonomy of Global Crisis of Internal Displacement. displaced by development projects, forced displacements The volumes made many think, and during the years I represented pay attention, absorb. At long last, the World Bank, I have often had to We still struggle against a major the tragedy of massive internal contend with the spurious invocation dichotomy between research displacements was receiving its of sovereignty. It was, and still is, focused on development-displacees overdue, documented, penetrating misused and misconstrued as a and research focused on conflict- recognition and indictment. shield for denying the rights of displacees/refugees (or a three-way development-displacees violently divide, if we consider also the studies When she arrived at Brookings deprived – by their own state! – of on disaster-caused displacements). in 1994 Roberta brought to her basic entitlements and property. The Research specialisation is fully role several decades of militancy sovereignty concept continues to be warranted but excessive research and experience in human rights abused by officials of states which separation or weak inter- battles. Ideas she generated have defaulted on their obligations communication cannot be justified. started to move around the world, to their citizens. In Masses in Flight, By bridging the research divide, engaging institutions, governments, Cohen and Deng gave a crystal- these distinct bodies of literature minds and hearts. Roberta joined clear formulation of this concept: about displacement stand to gain: 26 Putting IDPs on the map

theoretically, they could broaden and causes of displacement could be the Inter-American Development refine their conceptualisations by legal or illegal, but the legality Bank and others – and the Equator exploring similarities and differences did not alter the factual state of Principles adopted by private sector between their sets of variables. being internally displaced.” banks3 insufficiently highlight Politically, they could influence the the human rights dimensions public arena stronger by mutually embedded in development-caused reinforcing their policy advocacy Burgeoning numbers of displacements. These documents and operational recommendations. development displacees eschew explicit human rights terminologies, mistakenly assuming The substantive homage we are These, and other, conceptual that such language would somehow collectively offering to Roberta Cohen clarifications remain highly politicise displacement/resettlement must surely emphasise that, at the relevant today as the number of issues and that proposed policies steering wheel of Brookings’ IDP people displaced worldwide by would be countered by aid- programme she has steadily been development is still on the increase. recipient governments arguing they among the few scholars who acted By now, development-displacees infringe their sovereignty. But such practically to help bridge the research represent the single-largest sub- avoidance has simply reduced the divide between conflict-induced and category within the global totality effectiveness and influence of these development-induced displacement. of IDPs. They also are by far more policies rather than increase them. Through writings and advocacy, numerous than the world’s current she has linked the opposition to the refugee population. The figures for Certain development processes madness of ethnic cleansing and China, for instance, were recently inherently pose risks to the human conflict displacement with staunch revised upwards by China’s National rights of those adversely affected, and opposition to impoverishment Research Center on Resettlement tensions arise. Explicit risk analysis through state-(mis)guided and indicate that the number of becomes therefore indispensable development-displacements. people displaced and resettled by in order to identify, counteract and development programmes during mitigate risks materially. Walter Roberta Cohen’s signal step that 1950-2005 are now estimated at 70 Kälin has rightly stressed that “such embodied best this purposive million. In India, recent research tensions must be acknowledged” bridging orientation was the indicates that over 60 million people and that the basic principle of ‘do no organisation of an international were displaced by the country’s harm’ is as relevant for humanitarian conference on Development-Induced development programmes during as it is for development work. He has Displacement and Resettlement 1950-2005, and that the overwhelming explicitly stated that development- (DIDR), convened by Brookings in majority were left impoverished. induced displacements are an 2002. Bringing together scholars Worse, a large number of people integral part of his mandate: from both research communities, have been displaced but not also representatives of international resettled, and were simply left to fend “Resettlement as a consequence of financial and development agencies for themselves without assistance development projects, particularly and NGOs, it outlined ways in from the state that displaced them. if it is not voluntary, is one area which experiences and policies where such tensions often arise and emerging from the different types of On the global scale, the World it is the area I am concerned with internal displacement are mutually Bank estimated that up to 200 in my capacity as Representative relevant. The background paper for million people were displaced by of the UN Secretary General on the conference and the participants’ development projects during the the Human Rights of Internally discussions2 yielded a key conceptual last two decades of the 20th century. Displaced Persons . . . The notion gain, breaking new ground: the The pace is now accelerating as 15 of displacement as used within the common conclusion that the concept million are now being displaced framework of my mandate includes of internal displacement is not limited each year. The crisis of development- instances of involuntary resettlement to one sub-type of displacement only caused displacement is an integral in the context of development – war or conflict-displacees – but and distinct part of the larger, projects such as dams, roads, airports, embraces all populations forcibly massive and encompassing global industrial or tourist complexes and displaced, either by wars, civil wars, crisis of internal displacement. other infrastructure projects”.4 persecution, or by development projects, who are uprooted from While the types of forced Walter Kälin’s statement builds on their lands yet do not cross a national displacements differ profoundly in the successful body of work carried frontier. Throughout the conference, their causes, their impoverishing out over the previous 12 years by Deng, Cohen and Kälin emphasised consequences on people’s lives are Deng, Cohen, Kälin and the dedicated that the Guiding Principles were largely similar. The international teams around them. It also expresses written for all categories of IDPs, efforts for protecting the human rights the international commitment to and thus were germane also to and welfare of displaced people are link and integrate closer the efforts IDPs resulting from development expanding in intensity and gaining on behalf of populations internally projects – regardless of whether in political clout. However, it must displaced by conflicts and by these projects are justified, beneficial be recognised that both the current development under the joint flag and lawful development projects, or policies on involuntary resettlement of human rights and livelihood are unwarranted or legally flawed. of major development agencies protection. Strengthening the world’s As Walter Kälin aptly stated: “the – such as the World Bank Group, commitment to human rights and FMR/Brookings-Bern SPECIAL ISSUE 27 secure livelihoods is the best homage for FMR.5 His Impoverishment Risks 1. S Ogata, 2006 in T Weiss and D Korn Internal displacement: conceptualisation and its consequences, that can be offered to Roberta and and Livelihood Reconstruction Routledge, p.xiv the other architects of this cause. model, proposed in 1994, has shaped 2. www.brook.edu/fp/projects/idp/articles/didreport.htm research agendas and progressive 3. www.equator-principles.com Michael M Cernea worked as the policies to resettle populations 4. www.adb.org/Documents/Events/2005/RETA-6091/w- World Bank’s Senior Adviser for displaced by development projects. kalin-speech.pdf 5. FMR17, ‘The question not asked: when does Sociology and Social Policy until Email: [email protected] displacement end?’ www.fmreview.org/FMRpdfs/ 1997 and currently is Research FMR17/fmr17.09.pdf and FMR 23, ‘Restriction of access Professor at George Washington A fuller version of this article is displacement: a broader concept and policy’ www. University. He has written is online at: www.fmreview. fmreview.org/FMRpdfs/FMR23/FMR2320.pdf extensively on DIDR issues, including org/pdf/cernea.pdf Studying IDPs: retrospect and prospect by Susan Martin

In 1989 Roberta Cohen challenged scholars, policymakers Detention and deterrence of asylum seekers: What does the international and practitioners who focused exclusively on refugees human right to seek and enjoy – people who had crossed an international border – to asylum mean in practice? When rethink their approach. She has continued to identify research does interdiction or discouragement questions intersecting the interests of the two communities. of refugees constitute a violation of the right to seek and enjoy asylum? In Refugees and Human Rights: A between human rights and refugee What kind of criteria should be Research and Policy Agenda1 Cohen organisations? How could early used to determine who is detained set out the underlying reasons to warning capacities be strengthened? while their asylum status is being be concerned about refugees. She decided? Are there standards for observed that refugee scholars Refugees as human rights monitors: the treatment of such detainees? often focused on those who crossed How accurate is information gleaned borders because of persecution and from refugees about the human rights Rights of returnees: Under what conflict, whereas the human rights situation in their home country? What conditions is it appropriate for host community often focused on those are the most effective ways to collect, countries and refugee organisations remaining in oppressive states. The sift and analyse their information? like UNHCR to encourage the return separate foci, she argued, did harm Under what circumstances should of refugees? When do returned to people who were forced to flee refugee organisations reveal refugees cease to be of concern to – regardless of whether they fled information about human rights refugee organisations? How can internally or internationally. Human violations in host countries? human rights and refugee groups rights groups and scholars too seldom work together more effectively to looked at or knew how to address the Rights of refugees: What are the prevent forcible repatriations and assistance and protection needs of rights of refugees in international to protect and assist returnees? the victims of human rights abuses. and national law and what would Humanitarian organisations and constitute violations of these rights? The set of issues that most engaged scholars too often failed to assess Which rights do refugees consider Cohen’s own thinking and future thoroughly or take action to address most important to their well-being? research was the protection of IDPs the reasons why people needed To what extent does adherence to uprooted by situations that would their assistance and protection. international human rights and have made them refugees had they refugee agreements oblige states to crossed an international border. The questions she raised have bring their laws and practices in line Arguing that the causes of the helped shape the research agenda on with international standards? Are displacement were more important IDPs, refugees and human rights: the rights of longer-term refugees than the geographic location of in developing countries different the uprooted, Cohen put in place Early warning of refugee emergencies: from those of the newly arrived? the intellectual underpinnings What types of information on Do refugees in official camps and of what has become almost two human rights violations would settlements have more rights or decades of scholarship on IDPs. be useful for early warning of fewer than those of refugees residing refugee crises? What constraints in spontaneous settlements? Always an activist as well as a exist in sharing information researcher, Cohen shared her 28 Putting IDPs on the map

findings with colleagues in both the on behalf of the internally displaced. Cohen additionally inspired and often humanitarian and human rights When governments are unwilling commissioned studies on internal fields. From her base at the Refugee or unable to accept responsibility displacement, building up the solid Policy Group, and then the Brookings as their ultimate expression of base of understanding needed to Institution, she formulated an action sovereignty, intervention by the effect change in international and agenda that supported new research international community may well national responses. A review of the while taking steps to improve be justified. This concept later took titles published by the Project on responses. A key element was the form of the ‘responsibility to Internal Displacement demonstrates appointment of the Representative protect’ potential or actual victims of the far reach of the research she of the Secretary General on genocide, ethnic cleansing and crimes and her colleagues commissioned Internally Displaced Persons and against humanity. This was reflected on such issues as IDP protection, the establishment of the Project on in Kofi Annan’s introduction to his development-induced displacement, Internal Displacement to provide 2005 report In larger freedom: towards displacement from natural disasters, support to the new RSG. Elsewhere development, security and human rights return and reintegration of IDPs and in this volume, her accomplishments for all in which the Secretary General institutional and legal frameworks in shifting policies in international wrote, “The time has come for for protection and assistance. organisations, governments and NGOs are detailed. Equally Cohen has influenced other important is her impact on researchers in their choice of scholarship and research on topic and focus. My own decision internal displacement. to write a second edition of UNHCR/L Taylor Refugee Women largely stemmed Cohen recognised that the from Roberta’s observation that success of the RSG’s mandate the original, published in 1992 was contingent on developing before the large body of IDP a more systematic assessment research became available, did Somali IDPs, of the situation of IDPs, not do justice to the situation Hargeisa barriers to effective national of women forced to flee Kandahar IDP camp and international responses within their own countries. and policies and programmes that would afford greater protection Governments to be held to account, Cohen’s 1989 call for refugee scholars and assistance. With the then-RSG, both to their citizens and to each to concern themselves with internal Francis Deng, she launched an other, for respect of the dignity of displacement urged focus on the ambitious research programme that the individual, to which they too causes of displacements, human was rooted in case studies of internal often pay only lip service.”4 While rights violations and the importance displacement (published in Forsaken implementation has greatly lagged of protecting forced migrants People2). Working from the bottom behind rhetoric, Cohen and Deng’s regardless of where they seek safety up and the top down in analysing pioneering work on sovereignty as or the artificial categorisations the situation of the internally responsibility provided an important imposed by law or politics. As long displaced as well as the adequacy of impetus to this new conceptualism of as the rights of refugees and IDPs national, regional and international state and international obligations. remain at risk, identifying ways to responses, Cohen and Deng drew protect all forced migrants must be on theory as well as practice to Masses in Flight also examined at the heart of our research agenda. build the argument that internal practical impediments to effective displacement should be of concern protection, including gaps in Susan Martin is director of to the international community international law and institutional the Institute for the Study for much the same reasons that weaknesses. Cohen and Deng had of International Migration. refugees were a source of concern. already launched a major research Georgetown University, Washington initiative, involving a panel of DC (www.isim.georgetown.edu) In their resulting seminal work, international law experts, to examine and President of the Association Masses in Flight3, they tackle the the applicability of international for the Study of Forced Migration most difficult barrier to a robust human rights and humanitarian (IASFM, www.iasfm.org). Email: international response – national law to the situation of IDPs. This [email protected] sovereignty – while establishing resulting compilation confirmed that that, as with refugees, the absence IDPs were entitled to substantial 1. Roberta Cohen and James Morsch, Refugees and Human Rights: A Research and Policy Agenda, Washington: DC: of national protection requires protection under existing laws and Refugee Policy Group, 1989 international action. Building on also identified areas not covered 2. http://brookings.nap.edu/books/0815715137/html/ basic human rights concepts, Cohen adequately in existing law or that index.html and Deng formulated the concept needed to be more nuanced. Cohen 3. http://brookings.nap.edu/books/0815715110/html/ index.html of ‘sovereignty as responsibility’. noted that the team had “identified 4. www.un.org/largerfreedom/contents.htm This provided the theoretical seventeen areas of insufficient 5. Roberta Cohen ‘The Guiding Principles on Internal underpinnig for the Guiding protection, owing to inexplicit Displacement: An Innovation in International Standard Principles on Internal Displacement. articulation of the law, and eight Setting’,Global Governance 10 (2004), 459–480 (464) They placed the onus clearly on areas of clear gaps in the law.”5 states to exercise their sovereignty FMR/Brookings-Bern SPECIAL ISSUE 29 The Project: a replicable model of innovative response? by Thomas G Weiss

It is thanks in great part to the Project on Internal work on research, outreach and capacity building. There are very few Displacement and the determination of Roberta Cohen that knowledgeable specialists whose IDPs are now firmly on the international humanitarian agenda. work involves internal displacement who have not worked with or been In 1992 Francis Deng was asked to diplomatic pressures. Rather than consulted by project staff and who pursue his mandate as representative maintaining the status quo, the are not part of their global network. of the Secretary-General (RSG) on Project has earned a reputation for a part-time basis – a dubious yet extending the outer limits of what While ‘model’ may be too grandiose common practice in the cash-starved passes for conventional wisdom in a description, the Project’s operating world of human rights. Starting mainstream diplomatic circles. procedures can help us to think from scratch, and without an official about better ways to change budget, the Project’s productivity The annual budget for direct costs international public policy and and output have been impressive. is now around $2 million but in performance. Its blend of inside- The Project provides a window earlier years was a mere $500-800,000 outsider and outside-insider offers into the world of normative and – trivial sums, by any standard, for advantages that could be replicated policy change at the nexus of ideas, what was accomplished. This is not for other controversial issues where institutions and individuals. It offers the only topic on the international independent research is required, an unusual case study of people who agenda for which resources do not institutional barriers are high and have made a difference in spite of match the long list of responsibilities political hostility is widespread. For the UN’s well-known constraints. set out in UN resolutions. But instance, the successful negotiation internal displacement lies at the far of the landmine ban contains Roberta Cohen came to the Project end of a spectrum: an extremely some of the same elements of with an already distinguished ambitious mandate virtually without independently getting a controversial record. Under her direction, the any guaranteed regular funds. issue on the agenda and then Project has punched above its weight developing a political constituency in filling gaps, an achievement However, thanks to Cohen and around an emerging norm. recognised in 2005 when Francis Deng, the Project found backers. Deng and she received the prestigious Finance for core costs and in-kind It is worth speculating, for instance, Grawemeyer Award.1 Roberta contributions has come from a range whether the work on child soldiers has also received the Washington of private and public donors. Ten would have advanced far more Academy of Sciences Award for governments have provided support quickly if Olara Otunnu, until mid- Work of Merit and Distinction in – Austria, Canada, Denmark, Japan, 2005 the UN’s special representative the Social and Behavioral Sciences Luxembourg, the Netherlands, for children and armed conflict, had and, in 2006, an honorary doctorate Norway, Sweden, the UK and the been based at a research institute from the University of Bern. USA – and five foundations – Ford, outside of the UN secretariat rather MacArthur, McKnight, Mellon and than within it. Ian Levine, who The RSG has always had a foot Schurgot. Funds have also come from worked on these issues at UNICEF in two camps – a hybrid – taking UN – the Office of the Secretary- before moving to Human Rights advantage of being both within the General, OHCHR, UNICEF, UNHCR Watch, remarked that one would intergovernmental system of the and OCHA and from partner have expected more movement UN as well as outside it, having universities and research institutions. on the child soldiers front than on both official and private platforms. IDPs, rather than the opposite, for, The mandate and the project are If independent ideas matter, so do as he noted, what can be is easier to so intertwined that it is difficult people. The Project has provided sell than banning child soldiers? to say definitively whether the an unusual training ground for a RSG and the Project are outside- network of people working on IDPs. A possible replication of the Project insiders or inside-outsiders. The work on the mandate by the experience is under way with the Indeed, they collectively wear Project provided the opportunity International Center for Transitional whichever hat is most convenient to create a cadre of young experts Justice.2 The ICTJ’s president, Juan in advancing a particular issue. well versed about the phenomenon E Méndes, is a part-time UN special of internal displacement who have advisor on the prevention of genocide. The Project’s base at a public policy moved on to other positions. The The International Organization think-tank working in tandem with Project has also engaged numerous for Migration provides another universities has provided needed short- and longer-term consultants example because of its insistence distance from governments and from most regions of the world to on maintaining autonomy by being 30 Putting IDPs on the map

an intergovernmental institution solid. Their research materials Conceptualization and its outside of the UN but which were high quality. The Project was Consequences by Thomas G Weiss participates in many of its activities. really the only game in town.” and David A Korn, Routledge, 2006.

Financial support from outside Starting from a point in the early 1. www.grawemeyer.org/winners/index.html 2. www.ictj.org/en/index.html the UN has made it possible to act 1990s when there was a question autonomously. Partnerships were as to whether IDPs were even a forged, not just with other units special category, it is no small feat of the UN system but also with to have brought intergovernmental regional organisations as well as with organisations (both UN and international and indigenous NGOs regional) and NGOs to take IDP and associations of IDPs. The RSG programming seriously and donors and the Project have consistently been to urge them to do so. There are more forthright and openly critical more general lessons here for than would be the case for ‘normal’ international research and action. international civil servants. While this independence is generally accepted Thomas G Weiss is Presidential and admired at UN headquarters, Professor of Political Science and it is usually misunderstood by director of the Ralph Bunche Institute international civil servants whose for International Studies, City more bureaucratic instincts prevent University of New York (http://web. their appreciating the benefits. As gc.cuny.edu/RalphBuncheInstitute). one former foundation official noted Email: [email protected]. This in looking back at the decision to article is based on an in-depth study make a grant: “The people were of the Project: Internal Displacement:

Looking to the future by Elizabeth Ferris

It is a daunting task to follow in the footsteps efforts by the RSG to encourage governments to develop laws and of Roberta Cohen as the new co-director of the policies which incorporate the Brookings-Bern Project on Internal Displacement Guiding Principles and to work with regional intergovernmental bodies I remember working with Roberta undertaking between the UN’s RSG to support them. In this respect, in the late 1980s – long before the and a policy research institution. we will continue to promote and term ‘IDP’ became commonplace in The Project has directly supported disseminate the Guiding Principles the humanitarian community. Many the mandate of the RSG, making it and their accompanying Annotations; NGOs were concerned about the possible for him to be more effective we will publish a Legislators’ Manual lack of protection of uprooted people in his advocacy to promote the to provide concrete support to law- who had not crossed a national human rights of IDPs. At the same makers; and we will provide legal border but were uncertain about how time, the Project complements expertise to governments in need to take the issue forward. Roberta the work of the RSG – and others of technical assistance. We will also Cohen’s pioneering work provided working with IDPs – by carrying encourage civil society actors to clear directions and guidance to out cutting-edge research on play a role in advocating with their NGO advocates. The subsequent issues of internal displacement. governments for the incorporation appointment of Francis Deng as the of the Guiding Principles into Representative of the UN Secretary- Four strategic directions will guide legislation and in monitoring the General (RSG), the development of the future work of the Project: implementation of such laws. In the the Guiding Principles and the policy past year, the Project has developed research carried out by the Project Strengthening the normative guidelines on the human rights of proved invaluable in mobilising framework. At the global level, IDPs in situations of natural disasters support for work to protect IDPs. the Guiding Principles have and in the coming years we will been recognised as providing the promote their implementation. I am looking forward to building normative framework for IDPs but Research and policy papers in areas on the solid policy research work more work is needed to translate this such as ‘when displacement ends’ Roberta has inspired. This Project recognition into concrete policies. and ‘displaced migrants’ will be has been a unique collaborative The Project will continue to support FMR/Brookings-Bern SPECIAL ISSUE 31 carried out to further strengthen and courses on implementation of It will be important for the Project the normative framework. the guidelines for IDPs in natural to continue its close collaboration disasters. Research will be carried out with these partners and to ensure Enhancing the will to protect. As on the role of civil society in working that our collective efforts build on there is often a gap between policies with IDPs and on effective ways of our relative strengths. As mentioned developed at the global level and field ensuring IDP participation in the above, the Brookings-Bern Project is practice, the Project will encourage decisions which affect their lives. uniquely placed to support the work the implementation of the Guiding of the RSG and to carry out research Principles. With the support of Responding to new challenges. The which can guide policy-makers and the Project, the RSG will continue Project will continue to carry out contribute to a broader understanding to dialogue with governments research on cutting-edge issues in of internal displacement. through missions, working visits and internal displacement. Research correspondence, encouraging them projects on IDPs and peace will I come from an NGO background to incorporate the Guiding Principles be completed in 2007 and results and am committed to encouraging into national legislation. We will also presented to the UN’s Peacebuilding more active engagement by civil work with civil society and national Commission.2 As IDP issues must society in enhancing the protection human rights institutions to raise be seen in the broader humanitarian of IDPs, in building capacity of awareness of both the needs of IDPs and human rights context, the IDP organisations, and in working and the human rights to which they Project’s future research agenda will with the UN to ensure that the are entitled. In this regard, national be shaped by the needs of policy humanitarian reform presently and regional seminars and courses makers and global developments. underway4 results in more will be organised. There is growing Given the rapidly changing nature effective protection of IDPs. recognition of the need to mainstream of the field, it is risky to predict the issue of IDPs within the UN which issues will require substantive It is an exciting time to be joining the system and substantial progress research in the future but likely Brookings-Bern Project on Internal has been made in the past year to candidates include development- Displacement and I look forward to clarify the respective responsibilities induced displacement, non-state working with the project’s wonderful of various UN agencies working actors, the Responsibility to Protect, staff and more closely with many with IDPs. The Project will monitor and accountability to beneficiaries. of the contributors to and readers these developments and provide of this issue of FMR. We are all support to UN agencies to translate Now that the issue of internal deeply indebted to Roberta for her the Guiding Principles into practice. displacement is firmly on the commitment and hard work these Work to enhance the will to protect international agenda – thanks past 14 years to make life a little safer will be supported by research on in large measure to the work of for internally displaced people. I am particular national situations and Roberta Cohen and the two RSGs personally grateful for her efforts to on specific issues, such as property – attention must turn to ensuring ensure a smooth leadership transition restitution, IDP women, elderly that the Guiding Principles are fully and look forward to continued IDPs and participation in decision implemented and that protection collaboration with her in the future. making. These research reports will of IDPs on the ground increases. be widely disseminated to policy When the Project was established it A Senior Fellow at the Brookings makers at all levels, to civil society was virtually the only organisation Institution, Elizabeth Ferris groups and to IDPs themselves. focusing exclusively on IDP issues – formerly a senior official of the but today other organisations are World Council of Churches – now co- Strengthening the capacity to protect. making significant contributions. The directs the Brookings-Bern Project on Even when there are clear normative Internal Displacement Monitoring Internal Displacement with Walter guidelines and a genuine will to Centre of the Norwegian Refugee Kälin. Email: [email protected] protect IDPs, sometimes governments Council3 provides an excellent and civil society lack the capacity to database and useful analyses of 1. http://web.iihl.org 2. www.un.org/peace/peacebuilding IDP children carry out measures to ensure their specific IDP situations and the Office 3. www.internal-displacement.org forage in refuse protection. With the support of the for the Coordination of Humanitarian 4. See article by Dennis McNamara on page 9-11. bins for food, Project, the RSG will continue to Affairs (OCHA) has staff working Luanda, Angola. work with governments to build their to ensure IDP capacity to protect IDPs. An annual protection in the course on IDPs will be organised in field. As a result of conjunction with the International the humanitarian Institute of Humanitarian Law1 for reform efforts, government officials from countries UNHCR is with significant IDP populations. increasing its UNHCR/C Sattlberger Training courses for civil society capacity to work will be carried out and academic with IDPs. Forced institutions will be encouraged Migration Review to develop research and training will continue programmes on issues related to to draw wider IDPs. In the next year, we will devote attention to the particular emphasis to seminars Guiding Principles. In her own words The Editors of Forced Migration Review are grateful for the consistent support which Roberta Cohen has given to our publication ever since its launch. She has not only written for FMR but has also assisted to expand our readership and profile, helping FMR to become the most widely read publication on IDP and refugee issues. Inevitably, some of the displacement contexts she has described in her FMR articles have changed – and the policy debates she contributed to moved on – but many of her challenges remain contemporary:

While the Guiding Principles “Even as the war [to oust alone cannot prevent the Taliban in Afghanistan] displacement or the violation came to an end, the long of the rights of IDPs, they do delay in setting up an serve notice to governments international security force and insurgent forces that their and the limited mandate actions are being monitored”. given to it demonstrated FMR2, 1998. once again that the now accepted international responsibility to avert “The Guiding Principles are starvation still does not an empowerment tool … extend to protecting Back in the 1970s, through the physical safety and my human rights work I human rights of people had the occasion to meet a inside… The humanitarian Soviet dissident who had community’s orthodox been confined to a psychiatric insistence upon the hospital because of his civilian character of aid political views. He had been had the effect of putting injected with painful drugs, it into the unseemly abused and partially starved. position of begrudging Because of an international food to people in areas of campaign, he was released. widespread malnutrition When I met him in New York, … maintaining the I could not help but ask him: complete independence of “How did you get through all humanitarian action in all of this?” In response, he took a circumstances is probably crumpled piece of paper from Freijsen EC/ECHO/Ivo not possible and in some his back pocket, and said, cases could prove perilous “This is how.” The paper was to the populations the the text of the International international community Covenants on Human Rights, is trying to protect. A the UN adopted standards more realistic approach on civil, political, economic, would be to create at the social and cultural rights. IDP women in Darfur attending health education session outset of each emergency This man had memorised a framework to foster them and knew them by heart. better communication When I asked him how it was between humanitarian possible that this document and military actors.” had sustained him when his FMR13, 2002. government did not abide by the standards in the Covenants, he replied: “Oh, they know “After many years in about them, they adopted denial, the UN system has resolutions on them at the UN, finally acknowledged the in fact they have ratified them, need to promote a more and one day they will have to effective institutional observe them.” Holding up response to the protection the Covenants, he said, “This of IDPs. Giving the job to document has power.” He UNHCR has the potential proved to be right. I believe to bring predictability and this story should be instructive clarity to an area regularly for today’s discussions about described as the biggest the Guiding Principles and gap in the international how they can reinforce the IRIN response to IDPs.” response strategies of IDPs.” IDPs in Ituri, DRC, June 2005. FMR IDP FMR report on Oslo Supplement, 2005. IDP conference, 2001.