When Does Internal Displacement End?

17 May 2003 review When does internal displacement end?

Plus articles on: Iraq · Mauritania · Thai-Burma border · international benchmarks

published by the Refugee Studies Centre in association with the Norwegian Refugee Council/Global IDP Project

NORWEGIAN REFUGEE COUNCIL

The Brookings-SAIS Project Institute for the Study on Internal Displacement of International Migration from the editors Forced Migration Review provides a forum for the regular exchange of practical experience, information and ideas between e are extremely grateful to Erin researchers, refugees and internally displaced people, Mooney and Susan Martin for and those who work with them. It is published in guest-editing this issue’s feature English, Spanish and Arabic by the Refugee Studies W section on ‘when does internal displace- Centre/University of Oxford in association with the Global IDP Project/Norwegian Refugee Council. The ment end?’ – and to their organisations for Spanish translation, Revista de Migraciones Forzadas, providing financial support. With this mailing is produced by IDEI in Guatemala. you will also receive a conference report: ‘Researching Internal Displacement: Editors

State of the Art’. Its production was made Corinne Owen Marion Couldrey & Dr Tim Morris possible by funding from NTNU (Norwegian Subscriptions Assistant University of Science and Technology) and DFID (UK Department for International Sharon Ellis Development), to whom we offer many thanks. This and all FMRs are available at www.fmreview.org. Forced Migration Review Refugee Studies Centre, Queen Elizabeth House, We are changing the format of one of FMR’s regular features: the RSC page. Starting 21 St Giles, Oxford, OX1 3LA, UK with this issue we will be presenting short thought-provoking commentaries written by a Email: [email protected] researcher at the RSC. Agnes Hurwitz kicks off the new look with a commentary on Iraq Tel: +44 (0)1865 280700 • Fax: +44 (0)1865 270721 and the international rule of law. Global IDP Project Chemin Moïse-Duboule 59 FMR 18 will include a feature section on humanitarian logistics (produced in CH-1209 Geneva, Switzerland collaboration with the Fritz Institute). If you would like to contribute a short report/article Email: [email protected] relating to logistics and/or Iraq, please contact us immediately. Tel: +41 22 799 0700 • Fax: +41 22 799 0701

How to subscribe The feature section of FMR 19 will focus on reproductive health for refugees. See subscription form in centre of magazine We are working with the Reproductive Health for Refugees Consortium in preparing this or www.fmreview.org. issue (see p54 for conference announcement) and welcome articles on this subject. Deadline for submissions is 1 October. Copyright: see page 12 With our best wishes Funders in 2003 Marion Couldrey & Tim Morris Brookings-SAIS Project on Editors, Forced Migration Review Internal Displacement Danish Refugee Council from the guest editors Feinstein International Famine Center hen does internal displacement end?" Ford Foundation, Cairo Office “ is a question frequently posed by policy Fritz Institute W makers, practitioners and researchers engaged with the internally displaced but which ISIM, Georgetown University lacks a clear answer. Lutheran World Federation Norwegian Refugee Council At the request of the Representative of the Secretary-General on Internally Displaced Persons, we have been exploring this question through research as well as a series of consul- Oxfam GB tations. Through the feature section of this FMR, we have been able to broaden this process The Tolkien Trust by tapping into the thinking of an array of experts on different aspects of the subject. The UK Department for International aim is to provide guidance on when displacement ends to UN and other international Development agencies, as well as governments, NGOs, researchers and, certainly, internally displaced persons themselves.

We are extremely grateful to all of the contributors, whose enthusiasm in participating in this Website www.fmreview.org project is an indication of strong interest in the subject around the world and whose insights have been most valuable in furthering our own thinking. Our special thanks go to the editors

Designed by Colophon Media. of FMR for their consistent help and encouragement. We hope that FMR readers will find Printed by LDI Ltd on environmentally this collection of articles of interest, advancing our collective thinking on this critical question. friendly paper.

ISSN 1460-9819 Susan Martin, Georgetown University’s Institute for the Study of International Migration, and Erin Mooney, Brookings Institution-SAIS Project on Internal Displacement

Front cover photos: Returned IDP women in Angola · Nina Birkeland. FMR 17 3 contents

When does internal Introduction 4 by Erin Mooney displacement end? Cessation of refugee status: a guide for determining when internal displacement ends? 8 by Rafael Bonoan

Displacement without end: internally displaced who can’t go home 10 by Bill Frelick

A UNHCR perspective 13 by Guillermo Bettocchi and Raquel Freitas

The legal dimension 15 by Walter Kälin

National legislation 16 by Christophe Beau

Looking beyond emergency response 19 by Patricia Weiss Fagen

The role of protection in ending displacement 21 by Roberta Cohen

The question not asked: when does displacement end? 24 by Michael M Cernea

Burundi: out of sight, out of mind? 27 by Susan Martin

Colombia: the end of displacement or the end of attention? 28 by Amelia Fernández and Roberto Vidal López

Rwanda: narrowing criteria cannot solve IDP problems 30 by Greta Zeender

Sierra Leone: resettlement doesn’t always end displacement 31 by Claudia McGoldrick

Sri Lanka: on the edge of ending internal displacement? 33 by Rupasingha A Ariyaratne

Indonesia: confusing deadlines 35 by Christopher R Duncan

The southern Caucasus experience 37 by Marco Borsotti

General articles Iraq: dilemmas in contingency planning 38 by Clare Graham

Domestic violence on the Thai-Burma border: international human rights implications 41 by Caroline Lambert and Sharon Pickering

Benchmarks and yardsticks for humanitarian action: broadening the picture 43 by Koenraad Van Brabant

Urban refugees in Mauritania 46 by Channe Lindstrom

Regular features Updates: Sri Lanka · Angola · accountability 48 Refugee Studies Centre 50 UNHCR 51 Norwegian Refugee Council 52 Global IDP Project 53 Conferences 54 Publications 55 Brookings-SAIS Project on Internal Displacement 56 4 FMR 17 Bringing the end into sight for internally displaced persons by Erin Mooney

When does internal displacement end? In other words, ly. For example, the Global IDP Database reports that estimates of the when, in any particular situation, should internally dis- number of IDPs in Guatemala range from zero to a quarter of a million. In placed persons (IDPs) no longer be regarded as such? Rwanda, serious differences of opinion arose among various UN agencies and ome might query whether it is budgets for effectively addressing offices, all using different criteria, on too early to even be asking this their needs. Yet, owing to varying the issue of whether the hundreds of question. It is only in very recent interpretations as to when displace- S thousands of IDPs resettled as part of years, after all, that awareness and ment ends, the figures they use the ‘villagisation’ programme in the concern have been raised of the plight often differ dramatically, impeding late 1990s should still be considered of IDPs, their specific needs and vul- a coordinated approach. IDPs. nerabilities, and that focused attention has begun to be devoted to developing ■ Most importantly, IDPs themselves Appreciating that "operational effective international and national are entitled to know when the bene- demands … increasingly dictate the responses. However, there are a num- fits and entitlements, as well as any need for a coherent response", the UN ber of compelling reasons for restrictions and risks, that their Office for the Coordination of addressing this question: designation as such entails will Humanitarian Affairs (OCHA) has cease. turned to the Representative of the ■ Because decisions that internal dis- Secretary-General on IDPs for advice placement has ended inevitably lead Answering the question of when dis- and guidance "indicating when generi- to the termination of programmes placement ends is not simply an cally an individual would not only addressing IDPs’ particular needs academic or theoretical exercise. It can become an IDP but … should no longer and indeed to IDPs effectively dis- have a tremendous impact on the lives be considered under this category." appearing as a specific group of of IDPs and respect for their rights. Though "the question is not new," concern, it is critical to understand OCHA noted, "the answer has hitherto the basis on which such decisions A question in search of 1 been quite elusive." are made and the extent to which answers they match objective realities on the The Brookings-SAIS Project on Internal ground. Currently, decisions on when internal Displacement (which the displacement ends are made, if at all, Representative co-directs), in partner- ■ Knowing when internal displace- on an ad hoc and arbitrary basis. ship with Georgetown University’s ment ends is also important to Moreover, the methodologies used and, Institute for the Study of International determining when national as well consequently, the conclusions reached Migration, has been exploring this as international responsibility, differ among actors, often dramatical- issue through research and a series of attention and resources should shift Return to from a specific focus on the needs East Timor and vulnerabilities of IDPs to a holistic, community-wide approach of rehabilitation and development for societies as a whole.

■ Organisations and researchers engaged in compiling IDP statistics need to know when to stop count- ing. They point out that one of the reasons why it has been difficult to reach agreement on IDP figures has been the lack of clarity on when an IDP should cease to be considered as such.

■ Operational agencies, NGOs, donors and governments require data on the number of IDPs in order to for- mulate programmes, policies and UNHCR/F Pagetti FMR 17 Bringing the end into sight for internally displaced persons 5 consultations with international agen- also require putting in place condi- There is a need for a comprehensive cies, international and local NGOs and tions to ensure the effectiveness of approach to the issue of when dis- other researchers with a view to these solutions. placement ends that takes into developing criteria as to when internal account the effects of such determina- displacement ends.2 2. The refugee experience by analo- tions for both refugees and IDPs. gy and implication Three lenses 3. Cases of internal displacement The 1951 Convention contains cessa- In examining this issue, we first tion clauses stipulating when an Our review of numerous situations of looked through three different lenses.3 individual would no longer be eligible internal displacement,6 including sev- for refugee status and the internation- eral also examined in this issue of 1. The Guiding Principles on Internal al protection it affords, in particular FMR, confirms that there is no sys- Displacement when "the circumstances in connec- tematic approach to the issue of when tion with which [s/]he has been internal displacement ends. For exam- The Guiding Principles, which spell recognized as a refugee have ceased ple, in some cases it is the capacity or out the rights and guarantees pertain- to exist" (see Bonoan). Though direct willingness of the government to pro- ing to IDPs in all phases of analogies with refugee law are diffi- vide emergency humanitarian displacement, stipulate that "displace- cult because, unlike the Guiding assistance, rather than the actual ment shall last no longer than Principles, it concerns a specific legal duration of the state of displacement, 4 required by the circumstances". status, it is nonetheless important to that is the deciding factor (see Yet, the Principles do not contain a consider the possible implications Fernandez and Vidal). In others, a cessation clause as to their applica- that the cessation of refugee status date is announced when all IDPs in a tion. This was not an oversight on the can have on the temporal nature of country, sometimes numbering more part of the drafting team but a delib- internal displacement. than one million, will suddenly all erate decision based on the fact that cease to be considered as such (see the definition of IDPs used in the Application of the cessation clauses Duncan). In still other cases, internal Principles is not declaratory but for refugees may lead to an automatic displacement ends as a punitive mea- descriptive in nature, denoting the assumption that internal displace- sure and for the most minor of acts factual situation of being displaced ment has ended as well. For instance, of omission such as failure to do within one’s country rather than con- UNHCR’s decision to end refugee sta- household chores in the communal ferring a legal status to be granted, tus for refugees from Mozambique as centre where IDPs are staying (see much less revoked (see Kälin). of 31 December 1996 was a decisive Beau). In many cases, the approaches factor in determinations that there used violate the rights of the internal- For IDPs who remain in their country were no longer any IDPs in the coun- ly displaced. Less arbitrary of origin, the Guiding Principles envis- try. Yet, that same month when the approaches to when internal displace- age three possible solutions to their Representative of the Secretary- ment ends are needed. displacement: (i) return to their home General on IDPs visited the country, areas or place of habitual residence; he found that "despite the decision by Possible criteria (ii) (re)settlement in the localities the Government and the donor com- where they go to once displaced; munity to no longer target displaced Having examined the issue through (iii) in another part of resettlement groups, this in no way means that all these lenses, three sets of possible the country. The Principles specify a 7 internally displaced persons have criteria have come into focus. responsibility on the part of national returned." Among the reasons cited authorities to facilitate these solu- by the displaced was "a lack of confi- 1. Cause-based criteria: One way to tions and also stipulate a number of dence in the durability of peace, look at the issue would be to focus on conditions to be met: sometimes coupled with a reluctance the causes of internal displacement to return to the area where they had and, borrowing from the refugee anal- ■ return or resettlement to occur vol- experienced terror."5 The return of ogy, consider the existence of untarily and in "safety and refugees or cessation of refugee sta- "changed circumstances" from those dignity" tus therefore is not necessarily a that had compelled flight in the first ■ non-discrimination, including the determining factor of when internal place, such as the end of a conflict or ability to participate fully and displacement ends. a change in government such that equally in public affairs and to there is no longer a well-founded fear enjoy equal access to public ser- Indeed, the cessation of refugee sta- of persecution. Specific criteria could vices tus may actually lead to an increase in be developed to address situations of ■ assistance for recovery or com- the number of IDPs. Refugees may be displacement due to natural disasters pensation for property and compelled to return to their country and, separately, development (see possessions destroyed or of which but be unable to return home and Cernea). they were dispossessed as a result even displaced anew, internally. This of their displacement was the case in Bosnia after the The experience in post-conflict Bosnia These additional provisions suggest Dayton Agreement. A similar phenom- and now Afghanistan, however, sug- that, from the standpoint of interna- enon reportedly has been occurring in gests that even when the immediate tional law, solutions for IDPs entail Afghanistan in the context of the causal factors of displacement cease more than simply the physical move- mass refugee returns that have been to exist, a durable solution to the ment of returning or resettling but taking place over the past year. plight of displaced persons does not 6 Bringing the end into sight for internally displaced persons FMR 17

necessarily follow. In the reverse scenario, when the cause of displacement persists indefinitely – for instance when displacement is due to a conflict that appears to have no end in sight – one must ask whether it is in the best interests of the displaced to continue to consider them as such. Governments, after all, may find it politically expedient to maintain IDPs, sometimes for decades, in a state of limbo unable to return in the absence of a peace settlement but equally unable to integrate into the localities where they fled – such that IDPs effectively become hostages to this label, IDP children forage in refuse bins for as in Georgia and Azerbaijan (see food, Luanda, Borsotti). Angola. UNHCR/C Sattlberger Basing decisions simply on cause- IDPs left in the country. However, An integrated approach based criteria can end displacement those resettled were found to suffer prematurely or, as the original causes basic humanitarian needs and inade- These three sets of criteria are not persist, perpetuate a state of displace- quate access to land and means of mutually exclusive but rather include ment indefinitely and even to the self-sufficiency (see Zeender). overlapping elements. Indeed, the detriment of the displaced. Moreover, reports from both within emerging consensus confirms the and outside the UN voiced serious need for an integrated approach that 2. Solutions-based criteria: Another doubts as to the voluntariness of the combines solutions-based and needs- possible approach emphasises the operation, which was an issue also in based sets of criteria to ensure that ability of IDPs to either return to their Sierra Leone. IDPs have options – to return, resettle home communities or (re)settle in or integrate locally – and that the spe- another community. For some ana- These and other cases call into ques- cific needs and vulnerabilities created lysts, the only true solution for IDPs is tion whether simply the act of return by displacement are addressed so that return, as the reversal of the physical or resettlement – a mere "change of these solutions are effective and movement that displacement, by defi- address" in Beau’s words – is an ade- durable, all the while recognising that nition, entails (see Frelick). The quate basis on which to deem cause-based criteria will often be an possibility of return, regardless of displacement to end. enabling factor. Exactly what "durable whether or not an IDP seizes the solutions" mean for IDPs will need to opportunity to do so, is the criterion 3. Needs-based criteria: A third possi- be spelled out by means of cause- that has been favoured by the US ble approach would look for when the based and especially needs-based Committee for Refugees. On this needs and vulnerabilities specific to benchmarks measuring, as Bettocchi basis, USCR deemed displacement to IDPs no longer exist. These criteria and Freitas suggest, both the general have ended in Guatemala in 1998, two would apply to IDPs who are able to protection climate as well as the spe- years after the conflict ended. access the protection and assistance cific re-integration needs of IDPs in Similarly, in mid-2002, both the gov- of their national governments, no three aspects: legal, social and eco- ernment and international agencies in longer have unmet needs on the basis nomic. These benchmarks, which can Sierra Leone decided after a mass of being displaced and therefore do be derived from the rights, responsi- resettlement and return process that not require special international pro- bilities and needs already identified there were no longer any IDPs in the tection and assistance. The IDPs need above and, more comprehensively, country (see McGoldrick). In both not necessarily have permanently from the Guiding Principles as a cases, however, these decisions have resettled or returned and may still be whole, could then constitute the basis been strongly challenged on grounds in need (due to poverty or disability for determining when, in any given that include: lack of safety in areas of for instance) but they would no longer situation, IDPs no longer need to be a return; inadequate reintegration assis- have specific protection, assistance subject of specific international atten- tance; lack of property compensation; and reintegration needs, different tion and assistance. the problem of illegal occupation of from the rest of the population, which land; and the inability of IDPs who can be attributed to their displace- It is important to recognise that the returned to vote, access public ser- ment and which require special benchmarks being developed are cer- vices or obtain identification attention. The Guiding Principles tain to be met only gradually. This documents for their children. point to needs that would be relevant argues strongly against arbitrary in this regard, for instance in the area announcements of displacement end- In Rwanda, the mass resettlement of of protection, lack of shelter and ing on a specific date or as soon as IDPs as part of the ‘villagisation’ pro- other deprivations resulting from dis- return or resettlement occurs and gramme led a number of UN agencies, placement, documentation, and instead in favour of sustained moni- all using different criteria, to conclude recovery of or compensation for prop- toring of the situation of IDPs once in 1999 that there were virtually no erty lost as a result of displacement. the solution phase begins to get FMR 17 Bringing the end into sight for internally displaced persons 7 underway. For IDPs even more so than for refugees, however, there is little information and analysis on what The Brookings-SAIS Project on happens to people once they return or Internal Displacement resettle. Susan Martin’s article on Burundi strongly underscores this point. Assessment of the conditions The Brookings-SAIS Project on Internal Displacement seeks to pro- upon return, resettlement or local mote more effective national, regional and international responses to integration, for instance using the the global crisis of internal displacement. It supports the mandate of benchmarks being developed, is there- the Representative of the UN Secretary-General on Internally fore critically important for verifying the durability of solutions and for Displaced Persons, Francis Deng (appointed in 1992), to monitor identifying areas where continued displacement problems worldwide; undertake fact-finding missions; support, especially as regards protec- dialogue with governments; develop and promote application of the tion (see Cohen) and reintegration Guiding Principles on Internal Displacement; and undertake research assistance for IDPs (see Fagan), is to enhance understanding of the problem and identify strategies for required to underpin them. As the response. case study on current challenges in Sri Lanka illustrates (see Ariyaratne), return or resettlement is really just The Project organises regional and national seminars and workshops the beginning of what will be a grad- and also works with civil society groups around the world. It prepared ual process of reintegration that the two-volume study Masses in Flight: The Global Crisis of Internal requires support; for some time after Displacement and Forsaken People: Case Studies on Internal Displace- returning or resettling, IDPs are likely ment (Brookings, 1998) and has published numerous studies, reports still to have distinct needs requiring and practitioners’ handbooks on various aspects of internal displace- particular attention. In the longer term, support for durable solutions ment. Established in 1994, the Project is co-directed by Dr Deng and will no doubt still be required but Roberta Cohen. could switch to more generic, community-wide approaches based on For more information, see www.brook.edu/fp/projects/idp/idp.htm or contact vulnerability rather than whether or Gimena Sanchez: Tel. +1 (202) 797 6145. Email: [email protected] not a person was once internally displaced.

Erin Mooney is Deputy Director, The Institute for the Study of The Brookings-SAIS Project on Internal Displacement and of The International Migration (ISIM), Centre for Displacement Studies, founded in 1998, is part of Georgetown School of Advanced International University’s Edmund A Walsh School of Foreign Studies (SAIS), John Hopkins Service, in affiliation with Georgetown University. Email: [email protected] University’s Law Center. ISIM focuses on all aspects of international and internal migration, 1. Letter from the UN Deputy Emergency Relief Coordinator to the Representative of the Secretary- including the causes of and potential responses to population move- General on IDPs. 2. Documents, including background papers and ments, immigration and refugee law and policy, comparative summary reports of consultations prepared in con- migration studies, the integration of immigrants into their host soci- nection with this research project, are available on the Brookings-SAIS Project on Internal eties, and the effects of migration on social, economic, demographic, Displacement website: www.brook.edu/fp/projects/idp/idp.htm foreign policy and national security concerns. 3. Erin Mooney, An IDP No More? Exploring the Issue of When Internal Displacement Ends (April 2002). See: www.brook.edu/fp/projects/idp/ Additionally, ISIM offers a certificate programme for Masters level idp.htm 4. Principle 6.3, Guiding Principles on Internal students who have a career interest in human rights and humanit- Displacement, UN Doc. E/CN.4/1998/53/Add.2 5. UN Commission on Human Rights, Report of the arian issues, with special focus on refugee crises and post-conflict Representative of the Secretary-General on Internally Displaced Persons. Profiles in situations. The certificate programme prepares students to work in Displacement: Mozambique, UN Doc. international organisations, government and private agencies special- E/CN.4/1997/43/Add.1, para. 26. 6. See in particular, Mooney, An IDP No More?, ising in emergency relief, human rights and humanitarian activities. op. cit. 7. Susan Forbes Martin and Erin Mooney, Criteria for Determining the End of Displacement: Options For more information please contact: for Consideration (September 2002). See Dr Susan F Martin, Director, The Institute for the Study of International www.brook.edu/fp/projects/idp/idp.htm Migration, 3307 M Street NW, Suite 302, Washington, DC 20007, USA. Tel: +1 202 687 2258 Fax: +1 202 687 2541 Email: [email protected] Website: www.georgetown.edu/sfs/programs/isim/ 8 FMR 17

Return of IDPs to East Timor from West Timor. Cessation of refugee status: UNHCR/M Kobayashi a guide for determining when internal displacement ends? by Raphael Bonoan Many of the circumstances that lead to internal dis- include: democratic elections, declara- tions of amnesties, dismantlement of placement are similar or identical to those that cause former security services, the establishment of an independent judiciary, individuals to develop a “well-founded fear of perse- adherence to international human rights and the creation of national cution” and seek international protection as refugees. institutions to protect human rights. oreover, the potential conse- The process of cessation of refugee Such reforms must also be evaluated quences of withdrawing status may, therefore, serve as a use- "in light of the particular cause of protection prematurely or ful framework for determining when fear" to ensure that they "remove the M 3 erroneously from IDPs and refugees internal displacement ends by provid- basis of the fear of persecution." can be equally harmful. Over the past ing a mechanism for ascertaining three decades, standards and proce- whether changes in circumstances The second basic standard is that of dures have been developed through have removed the causes of displace- durability, i.e. changes in circum- extensive dialogue between UNHCR ment as well as safeguards against the stances of a ‘fundamental’ nature and states parties to the 1951 wrongful termination of protection. must prove to be stable. UNHCR has Convention Relating to the Status of suggested a minimum waiting period Refugees for determining when UNHCR guidelines on the interpreta- of 12 to 18 months to allow such refugees may no longer require inter- tion and implementation of the consolidation to occur but also stated national protection because of ‘ceased circumstances’ provisions of that this period may vary depending changes in circumstances in their the cessation clauses set forth two on the nature of the transition in the country of origin. These standards basic standards by which develop- country of origin. In the context of a and procedures are based on Articles ments in the country of origin are to peaceful transition to democracy, 1 C (5) and (6) of the Convention, be evaluated.1 Firstly, they must be changes in circumstances may consol- which specify that a refugee shall no ‘fundamental’ in character, i.e. devel- idate rapidly. Conversely, develop- longer be considered as such when opments that completely transform ments that occur in a post-conflict "the circumstances in connection with the political and social structure of environment or one of continuing vio- which he [or she] has been recognized the country of origin as well as its lence and insecurity may require more as a refugee have ceased to exist". human rights situation.2 These time to become firmly established. FMR 17 Cessation of refugee status: a guide for determining when internal displacement ends? 9

Since 1973, UNHCR has applied can be safely withdrawn. While UNHCR circumstances and to provide guid- Articles 1 C (5) and (6) to refugee pop- rigorously evaluates conditions in a ance for making such a determination. ulations under its mandate on 22 country of origin, it implements the This guidance will need to address a occasions. This process involves: a) ‘ceased circumstances’ provisions number of issues. How should devel- evaluating the extent and durability of with some flexibility. The clauses opments related to situations of change in the country of origin; b) themselves contain an exemption for internal displacement be evaluated? assessing the implications of cessa- those refugees who have suffered What roles should international agen- tion for refugees and all countries such severe persecution that they can- cies, states, NGOs and others play in involved; and c) developing specific not be expected to repatriate. In this process? What safeguards are procedures for implementing the addition, refugees affected by the necessary to ensure that protection is ‘ceased circumstances’ provisions, application of Articles 1 C (5) and (6) not withdrawn from IDPs who still such as notifying and screening are given the opportunity to request need assistance? UNHCR standards refugees, arranging for repatriation an exemption from cessation and the and procedures for applying Articles and identifying alternative durable continuation of international protec- 1 C (5) and (6) of the Convention may solutions for those who will not be tion. UNHCR occasionally excludes be instructive in this regard. In the repatriating. from the application of the ‘ceased absence of such guidance, however, circumstances’ provisions a specific determinations of when internal dis- To assess developments in a country group of refugees that, despite placement ends will continue to be ad of origin, UNHCR not only collabo- changes of a ‘fundamental’ and hoc and/or inconsistent and the risk rates with the governments of ‘durable’ nature in their country of of premature or wrongful withdrawal countries of origin and asylum but origin, may still face persecution upon of protection from IDPs heightened. also consults various UN agencies, return.4 UNHCR has also been known international organisations, human to restrict the scope of a declaration Rafael Bonoan is a PhD candidate, rights groups and other nongovern- of cessation, targeting a specific sub- Department of Political Science, mental partners. Detailed information group of refugees within a larger Massachusetts Institute of is gathered on the: development of refugee population.5 This flexibility Technology. new political institutions; integrity of provides another important safeguard Email: [email protected] electoral processes; performance of against the withdrawal of internation- law enforcement agencies and judicial al protection from refugees who See Joan Fitzpatrick and Rafael institutions; respect for freedom of continue to need it. Bonoan, ‘Cessation of Refugee expression, movement, association, Protection’ in Refugee Protection and other human rights; treatment of Because the Guiding Principles do not in International Law: UNHCR’s national, ethnic, religious minorities, assign IDPs a legal status to which Global Consultations on and returnees; perspectives of specific rights are attached, defining a International Protection refugees on conditions in the country cessation clause for IDPs analogous to (Cambridge University Press, of origin and the possibility of return; Article 1 C of the Convention may be forthcoming July 2003). and implementation of peace accords inappropriate [see Kalin, p15]. (if applicable). By thoroughly analysing 1, UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status (Geneva, 1979, re- developments in these areas, UNHCR Nevertheless, it may be useful to sug- edited 1992), paras. 135-139; Executive Committee can establish whether the grounds for gest in general terms the possibility of the High Commissioner’s Program, Conclusion refugee status have, in fact, been for situations of internal displacement No. 69 (XLIII), 1992, UN doc. A/AC.96/804; UNHCR, "Note on the Cessation Clauses," UN doc. removed and international protection to come to an end because of changed EC/47/SC/CRP.30, 30 May 1997; and UNHCR, "Guidelines on the Application of the Cessation Clauses," UN doc. UNHCR/IOM/17/99, UNHCR/FOM/17/99, 26 April 1999. Clauses," UN doc. UNHCR/IOM/17/99, UNHCR/FOM/17/99, 26 April 1999. 2. Executive Committee of the High Commissioner’s Program, Sub- Committee of the Whole on International Protection, ‘Discussion Note on the Application of the "Ceased Circumstances" Cessation Clause in the 1951 Convention’, UN doc. EC/SCP/1992/CRP.1, para. 11, 20 Dec. 1991. 3. UNHCR, "Note on the Cessation Clauses," para. 19. 4. See UNHCR, "Applicability of the Cessation Clauses to Refugees from Chile," UN doc. UNHCR/IOM/31/94, UNHCR/FOM/31/94, 28 March 1994, para. 5(i). 5. See UNHCR, "Applicability of the ‘Ceased Circumstances’ Cessation Clauses to pre-1991 refugees from Ethiopia," UN doc. UNHCR/IOM/91/99, UNHCR/FOM/91/99, 23 September 1999.

UNHCR protection officer with returnee women in Laos. UNHCR/L Taylor 10 FMR 17 Displacement without end: internally displaced who can’t go home by Bill Frelick There is relatively little doubt about when refugee Principles on Internal Displacement, Walter Kälin, writes, "there is no gen- status ends. The 1951 Refugee Convention clearly eral rule in present international law that affirms the right of internally dis- spells out that refugee status ends when the refugee placed persons to return to their is no longer in need of protection. The fundamental original place of residence or to move to another safe place of their choice principle underlying the refugee definition is not within their home country."1

movement across a border but protection or the lack So, even though international law thereof from the government of his/her home country. does not support a right of IDP return, the descriptive reality cannot n contrast, the most widely can’t. To be an IDP is not a legal sta- cease until such return happens. accepted definition of an intern- tus. To be a refugee is. ‘Internally What, therefore, ought to be the I ally displaced person (found in displaced person’ is a descriptive rights-based concern on behalf of the Guiding Principles on Internal term [see article by Kälin, pp. 15]. internally displaced people? Displacement) fails to mention protec- ‘Displacement’ as a word requires move- tion and does not clearly delineate ment. Someone or something cannot be The rights concern ought not to be when a person ceases to be internally ‘undisplaced’ unless the movement is because a person is internally dis- displaced. That definition rests funda- reversed and the person or object placed per se but – by analogy with mentally on the notion of movement – restored to its original location. the underlying concern for refugees – that IDPs have been "forced or obliged because a person who is internally to flee or to leave their home … and The Guiding Principles acknowledge displaced lacks the protection of their have not crossed an internationally the fundamental gap in human rights government and, owing to fear of per- recognised State border." Likewise, the law between being internally dis- secution, is unable to access that final section of the Guiding Principles placed and being a refugee. In Section protection. The rights concern ought – dealing with return, resettlement Two, the Principles relating to protec- to be particularly heightened for IDPs and reintegration – makes no mention tion from displacement speak of the who are prevented from seeking asy- of the word protection but rather right not to be "arbitrarily" displaced lum from persecution in another emphasises return movement or but recognise that some displacement, country. The human rights concern resettlement. such as for large-scale development ought fundamentally to focus on projects, may be justified by "com- those IDPs who fear persecution with- Principle 28 calls upon competent pelling and overriding public in their country and who lack the authorities to allow IDPs to "return interests" and that "measures shall be protection of – or are threatened by – voluntarily in safety and with dignity, taken to minimize displacement and their own government. Unfortunately, to their homes or places of habitual its adverse effects." One cannot sub- myriad examples of such circum- residence, or to resettle voluntarily in stitute the word ‘refugee’ here. stances exist – Angola, Burma, another part of the country." Human rights law finds no justifica- Chechnya, Colombia, Congo-Kinshasa, Authorities are not specifically called tion under any circumstances for Iraq, Liberia, Sudan. The list goes on. upon to offer protection but rather to making someone a refugee because "endeavour to facilitate the reintegra- the threat underlying refugee status is There are, however, millions of other tion of returned or resettled internally persecution and the lack of protection people who are also counted as IDPs displaced persons." Principle 29 calls against being persecuted. IDPs, on the because they have been displaced in for nondiscrimination towards IDP other hand, may be displaced for a one manner or another from their returnees and their right to equal variety of reasons not limited to per- places of origin but who have relocat- access to public services, and sug- secution. ed and reintegrated in another part of gests that IDPs have a right either to their country and enjoy the same civil recovery of their abandoned proper- If the cause of displacement is not and political rights as their fellow ty/possessions or to compensation. necessarily persecution or even an act citizens. If we may take the refugee It does not specifically say that IDPs prohibited by international law, and if analogy, their situation would be who have relocated and reintegrated the solution for an IDP is not strictly comparable to the refugee who has to another part of their country (pre- speaking the restoration or acquisi- lost his/her home and possessions sumably re-availing themselves of the tion of protection but simply return and cannot return to reclaim them protection of their government) have to the previous status quo, does an but who has found protection under ceased to be IDPs. The Guiding IDP have a right to return? The princi- another government. Such a refugee Principles don’t say this because they pal legal architect of the Guiding has suffered a grievous wrong and FMR 17 Displacement without end: internally displaced who can’t go home 11

usually continues to suffer hardship fear in one part of his/her country that both asylum seekers have suc- as a result of those losses. But, legal- but that the same person could enjoy cessfully established a well-founded ly, the person is no longer a refugee. the protection of his/her government fear of persecution in southeastern in another part of the country. The Turkey. The Turkish Kurd fears perse- Internal flight alternative key consideration is that the threat of cution at the hands of government and IDPs persecution does not exist outside the forces and government proxies. The refugee’s original locality and that the ethnic Turk fears persecution at the Human rights, at least with regard to person’s government is willing and hands of Kurdish militants. Because civil and political rights, tend toward able to protect them. of the involvement of the central gov- the minimalist, such as the rights not ernment, the Kurd can be said not to to be tortured and abused. Refugee The internal flight alternative concept enjoy an internal flight alternative rights, as conceived by the drafters of is still quite controversial, and this since his fear of persecution cannot the Refugee Convention, are similarly author has been among its fiercest be confined to the southeastern 2 modest. The foundation stone of the critics, but it is less controversial region. For the Turk, on the other Refugee Convention is the principle of when the feared persecutor is a local hand, relocation and reintegration in non-refoulement, the right of a person non-governmental entity opposed by central or western Turkey might be a not to be returned to a place where the central government, when the viable option if he does not feel s/he would be persecuted. ‘Place’ is refugee identifies with the majority threatened by his government and not generally interpreted to mean the population and embraces the ideology regards the threat as entirely local; if entirety of a refugee’s home country. of the central government, and where his government is willing and able to Thus, asylum jurisprudence in an the government gives every assurance protect him and if the local non-gov- increasing number of states embraces that it extends the same rights of citi- ernmental forces that would harm the notion of an ‘internal flight alter- zenship and opportunity to the him should he return to the southeast native’ or ‘internal protection’ – the returnee as would be enjoyed by do not have the means of carrying out notion that refugees can be denied other citizens in the government- such a threat beyond that region. asylum and returned to their country controlled part of the country who However, it is indisputable that when of origin even if they cannot return to never left. Germany returns the Turkish refugee their home or habitual place of resi- to Istanbul or Ankara, even though the dence within that country. In effect, Take as an example an ethnic Kurd person at that moment ceases to be a refugee law in a growing number of and an ethnic Turk from southeastern refugee, he, in fact, becomes an IDP. states allows the explicit creation of Turkey. Both may have fled Turkey internally displaced persons. It recog- and sought asylum in Germany. As already established by the term Displaced family in For the sake of argument, let us say itself, he remains an IDP until he is nises that a person has a well-founded Iraq, 1992. UNHCR/A Roulet 12 Displacement without end: internally displaced who can’t go home FMR 17

able to return to his place of origin. and ‘solutions’ such as ‘safe havens’ However, he does not necessarily inside their country or other internal Clarification remain a human rights concern for flight alternatives should be looked the international community. His upon with the utmost scepticism. welfare now becomes the particular FMR 16 included an article concern of his own government. Ultimately who is counted as an IDP by Pascale Ghazaleh on dis- either rests on the most inclusive placed Sudanese in Cairo. Conclusion meaning of the words ‘internally dis- The article stated that "one placed’ or has a functional meaning. church offered to help fund Millions of IDPs are able to relocate While reasonable arguments may be and integrate in other parts of their made for drawing the line more the Sacred Heart school but country. Most commonly, they are at broadly to include people unable to on condition that all the least nominal members of the coun- return to their homes or places of Muslim students were try’s majority ethnic nationality and habitual residence or to include peo- expelled". It has since come linguistic group and have fled or been ple who have not been compensated to light that no such condi- expelled by a secessionist minority for their losses, the narrower line based living in an ethnic enclave. This has on the lack of protection defines the tion had been imposed. become a particularly common phe- subset of IDPs who must be of most The author had acted in good nomenon in Europe in the 1990s: compelling concern to the rights- faith on information received ethnic Georgians displaced from regarding international community. but both she and FMR would Abkhazia; ethnic Azeris from like to apologise to the Joint Nagorno-Karabakh; ethnic and linguis- Bill Frelick is the director the Relief Ministry and its donors tic Russians from Chechnya; ethnic Refugee Program of Amnesty Serbs from Kosovo. Their suffering is International USA. This article is for any distress or inconve- real, their losses devastating, but gen- written in his personal capacity nience that may have been erally they enjoy the protection of and does not necessarily reflect caused. We wish them well their governments and are able to the position of Amnesty with their excellent work. For exercise their rights as citizens. If any International. more information on JRM, of these enclaves were to succeed in Email: [email protected] their quest for independence, these please visit: www.geocities. displaced persons would not qualify 1. Walter Kälin Guiding Principles on Internal com/jrmcairo/aboutUs.html Displacement: Annotations, Studies in for refugee status if they were offered Transnational Legal Policy, No. 32, published by and exercised their rights as citizens American Society of International Law and the in their new locations. Brookings Institution Project on Internal Displacement (Washington, DC, 2000) p. 69 Copyright and disclaimer: Material (though Kälin does point out that "[a]t least a duy from Forced Migration Review may be Strictly speaking, they remain IDPs. of the competent authorities to allow for the return of internally displaced persons can, howev- freely reproduced but please acknowl- Yet if the concern for IDPs ultimately er, be based on freedom of movement and the edge the source. Photographs should rests on their similarity to refugees – right to choose one’s residence.") only be reproduced in the context of the the commonly stated notion that IDPs 2. See Bill Frelick, ‘Down the Rabbit Hole: The articles in which they appear (and cred- are people who would be refugees if Strange Logic of Internal Flight Alternative’, World ited). Materials and information they crossed an international border – Refugee Survey 1999. See: http://refugees.org/ contained in Forced Migration Review then the solutions for refugees must are the opinions of the authors and do have some bearing on how the inter- not necessarily reflect the views of the national community regards IDPs. Editors, the Refugee Studies Centre or Without minimising the anguish or the Norwegian Refugee Council. Returned IDPs, the continuing humanitarian needs of Kelucha village, IDPs who enjoy the protection of their Taskhinvali area, government, their plight should not Georgia. be regarded as equally compelling to that of IDPs who are threatened by their country’s government.

Such IDPs are, indeed, especially vulnerable because they remain within the territory of that country. Especially in light of the deference paid to national sovereignty not only by other states but also by international humanitarian agencies of the UN and the ICRC, they should be regarded as at highest risk because they have the least opportunity for protection. For such IDPs the right to seek asylum from persecution outside their country ought to be paramount, UNHCR/A Hollmann FMR 17 13 A UNHCR perspective by Guillermo Bettocchi with Raquel Freitas International efforts to uphold the rights of IDPs are and dignity and have equal access to protection from the national authori- bearing fruit at the normative level as well as in ties. There are, however, no fixed indicators to measure ‘full reintegration’. attempts to improve the institutional arrangements. Measuring solutions So far, however, there are no agreed criteria nor Sustainability of solutions should be mechanisms to address the question of when assessed against agreed benchmarks displacement ends. drawn from applicable principles, including the Guiding Principles on he issue at stake is to identify tance of considering the ‘end of dis- Internal Displacement. Such assess- when international and nation- placement’ in consultation with the ment must involve all categories of T al responsibilities end in terms displaced populations themselves. persons affected, including returning of addressing the specific needs of Solutions to their situation have to be refugees, IDPs and the local popula- IDPs, as compared to the population voluntary, whether they stay, return tions. Criteria on when displacement in general. What is required is consen- or move elsewhere. ends (i.e. when a solution has been sus on the part of IDPs, humanitarian attained) should be based both on actors and the authorities on a strate- Once this is ensured, local settlement general and specific considerations gy for pursuing solutions, monitoring at the place of displacement or reloca- regarding the situation of the displaced. the extent to which IDPs have ‘re- tion to other areas will become true acquired’ effective national protect- options that would end the ‘state’, not The general assessment should con- ion, and phasing out programmes. the ‘status’, of displacement. It is also tain an analysis of the political crucial that options for solutions context, including peace agreements, The cessation clause in refugee law other than return home are not at the democratic elections, reforms to the can hardly be applied to IDPs by anal- expense of IDPs’ other rights as well legal structure, amnesties, general ogy. Internal displacement is a de as the rights of others (i.e. right to respect for human rights and overall facto situation and does not confer a property) and that no undue push or socio-economic conditions. It should legal status, as opposed to the case pull factors are created. assess: the causes of the break-down with refugees. The refugee law analo- in national protection; the nature of gy would deprive IDPs of their rights Sustainable solutions the conflict and settlement (including as citizens in their own country. their effect on the state’s capacity for Further, the continued applicability of Ensuring the voluntary nature of the national protection); and the likely human rights and humanitarian law solution is only the first step. In the impact of the solution on the process should be noted, even when there are specific case of refugees, for example, of reconstruction and reconciliation. no longer special needs related to dis- UNHCR has expressed "legitimate con- placement. Legally speaking, there is cern" for the consequences of return,1 Regarding the specific assessment, thus no need to formally declare the and for the promotion of comprehen- the gradual character of the reversal end of displacement. In countries such sive approaches that will ensure the of the situation makes it difficult to as Afghanistan or Angola, different sustainability and durability of return establish strict criteria. The profile of waves of displacement also make this in conditions of safety, dignity and the IDP population should be taken impractical. Additionally, in many cir- equality with other nationals, taking into account, as should the conditions cumstances, IDPs are less vulnerable into account the specific needs of the in the areas of return, the prospects than others who were unable to move. different affected populations (includ- of property restitution, job opportuni- ing IDPs). Sustainable return happens ties, physical safety and access to Free choices when returnees’ physical and material basic living standards. Indicators of security is assured and when a con- ‘successful’ reintegration are relative As national citizens, IDPs are entitled structive relationship between and can best be measured by compar- to freedom of movement and resi- returnees, civil society and the state is ing an individual’s circumstances with dence. Forced displacement consolidated. These parameters those of neighbours or members of a constrains the exercise of this free- should apply to all persons affected nearby community. dom. It is only when the causes of by displacement (internally and exter- forced displacement are removed and nally) or who otherwise have suffered Specific criteria for determining the conditions for safe and dignified the consequences of conflict. end of internal displacement based on return are created that IDPs are in a the achievement and sustainability of position to truly choose where to live. Returning refugees are of concern to durable solutions must include: Creating an enabling framework for UNHCR until they are fully (re)inte- return will allow IDPs to make grated into the local community, ■ Legal (re)integration: land and informed choices. Here lies the impor- enjoy a normal livelihood in safety property rights, or compensation; 14 A UNHCR Perspective FMR 17

protection against forcible return; If conditions for return are not con- Guillermo Bettocchi was Special non-discrimination and ability to ducive and the individual has an Advisor, Office of the Director, exercise citizenship rights; free- acceptable level of integration in the Department of International dom of movement; area of current residence, the latter Protection, UNHCR Headquarters, may be considered a ‘durable solu- Geneva. He is currently seconded ■ Social (re)integration: right to par- tion’ and a ‘phasing-out’ strategy thus to the OCHA IDP Unit. ticipate fully and equally in public defined. This will not, though, impede Email: [email protected] affairs at all levels and have equal the exercise of the right to return of access to public services; the individual, whenever s/he assess- Raquel Freitas is a researcher at es that the conditions to do so are the Department of Social and ■ Economic (re)integration: access conducive. Political Sciences, European to employment; self-sufficiency; University Institute, Badia capacity for achieving viable An essential precondition to enable Fiesolana, Italy. livelihoods through agricultural consolidation of peace, stabilisation, Email: [email protected] production, gainful employment recovery and longer-term develop- and/or small businesses. ment is the removal of the root 1. See Conclusion No 40 of UNHCR’s Executive Committee. causes of displacement. Their elimina- Given the complexity and multi- tion will, eventually, lead to the 2. In the repatriation to Afghanistan, monitoring phased nature of displacement, a application of the cessation clause for in the areas of return assesses the situation of the different populations, including returning refugees comprehensive approach should refugees, implying that they are no and IDPs, involuntarily returned persons and the acknowledge that reintegration is a longer in need of international protec- local populations. The aim is an integrated approach to returnee monitoring, addressing gradual process often running in tion. Returning refugees will, protection concerns of returnees and basic initial tandem with national reconciliation nonetheless, still require assistance reintegration needs. Indicators relate to personal processes and improvements in the for their reintegration, together with security, non-discrimination, recovery of land and other immovable property and the exemption from economic, social and human rights IDPs. Returning refugees will be of military services for one year after return. fields as well as with measures concern to UNHCR until such time promoting development. that they fully enjoy the protection of their national authorities. Given the In prolonged conflict situations, the volatile nature of internal displace- individual’s hope to return to his/her ment, though, a separate assessment area of origin must be balanced with of the specific needs of the IDPs a) the prospects for security that would be necessary, as they may have would allow for a safe return and b) different material and non-material the individual’s condition in the area requirements. Communal centre for returnee IDP women and where he/she is currently settled. children, renovated by UNHCR, Tbilisi, Georgia. UNHCR/A Hollmann FMR 17 15 The legal dimension by Walter Kälin The Guiding Principles on Internal Displacement do discriminatory treatment continues. By contrast, humanitarian law guaran- not explicitly address the question of when displace- tees are only applicable during an armed conflict. Regarding the applica- ment ends, i.e. when these principles no longer apply. bility of those principles that are based on the Fourth Geneva nlike Article 1C of the 1951 law upon which the Guiding Principles Convention, Article 6, for example, is Convention on the revocation are based (human rights law, humani- relevant, stating that the application of refugee status, the tarian law and refugee law by analogy) U of the present Convention shall cease Principles do not contain any cessa- address the issue of cessation. This "on the general close of military oper- tion clauses that would determine approach helps to solve the problem ations" and "[i]n the case of occupied when their application ceases. discussed here in a limited way only. territory ... one year after the general This is not a gap in the Guiding close of military operations". The pro- The cessation clauses in Article 1C of Principles but a consequence of one hibition against using IDPs "to shield the 1951 Convention on the Status of of the basic premises upon which they military objectives from attack..." in Refugees are of limited relevance for rest; IDPs have many specific protec- Principle 10(2)(c) has no relevance IDPs. First, of all the grounds mention and assistance needs by nature of outside situations of armed conflict tioned in this provision, only their displacement and this is why the even if some remain IDPs after the paragraph 5 allowing for cessation if end of hostilities. It is only regarding Principles spell out in detail their enti- "the circumstances in connection with those principles that reflect humani- tlements. However, like other which he has been recognised as a tarian law that we can get some vulnerable groups such as children, refugee have ceased to exist" could guidance from international law on or the wounded and the sick, IDPs do be applied to IDPs by analogy. The the issue of the duration of applica- not constitute a distinct legal catego- other reasons2 are intimately linked to tion of the Guiding Principles. ry. Their status of being displaced the concept of international protec- does not need to be legally recognised tion for refugees who need that kind in order to get certain legal entitle- of protection because they are abroad. Solutions 1 ments. They are already entitled to Second, this ground refers to the ces- The second approach – analogous to the human rights and humanitarian sation of a legal status, i.e. a concept the discussion of ‘solutions’ in law protection that is available to that is alien to the law on internal dis- refugee law and policy – is to look at them as to all other citizens in their placement. Finally, the Guiding the factual side of displacement. This country and they can invoke without Principles themselves are not limited is helpful as it allows us to distin- any additional requirement those to displaced persons in the strict guish between the following three guarantees that have become particu- sense of the word. They also deal with situations: larly relevant to them because of their former IDPs when mentioning the duty displacement. In this context, a of authorities to facilitate the reinte- i) As soon as an IDP leaves his or her requirement of ‘displaced status gration of returned or resettled country of origin, the Guiding determination’ analogous to the persons (Principle 28) and to support refugee status determination under them in efforts to regain their property Principles are no longer applicable. the 1951 Convention would be dan- (Principle 29, paragraph 2) or when Such a person is no longer in the gerous as it could easily be turned prohibiting the discrimination of for- situation of internal displacement into an instrument of denying rights mer IDPs (Paragraph 1 of Principle 29). but instead becomes a refugee or a that they already enjoy. However, if migrant as the case may be. Here, from an international law perspective The idea of ‘cessation’ is absolutely displacement ends when the person IDPs do not possess a specific legal alien to human rights law. Human concerned crosses the frontier of status, a cessation of this status simi- rights remain applicable even if some- that country. lar to Article 1C is unconceivable. one no longer is an IDP. Thus, for example, the rights to leave the coun- ii) Displaced persons are no longer While the lack of a cessation clause in try or to seek asylum (Principle 15) IDPs in the sense of the Guiding the Guiding Principles is thus justi- are not lost because someone has Principles if they "have returned to fied, the question as to how one given up the idea of return to his or their homes or places of habitual resi- should determine when displacement her original place of residence or is dence" (Principle 29) but they ends remains highly relevant. There are fully integrated in the location where continue to enjoy the rights of three possible methodological he or she found refuge before leaving returnees as long as they need such approaches to answering this question. the country. Likewise, the prohibition protection (Principles 28-30). Once of discrimination against returnees or they are (re)integrated, have regained Cessation in international resettlers as a result of their having their property or received compensa- law been displaced (Principle 29) remains tion and are no longer discriminated applicable even if several decades against because of their former dis- The first approach is to look at how have elapsed since the end of displacement, the Guiding Principles the different areas of international placement, provided that the cease to apply. 16 The legal dimension FMR 17

iii) The same is true of former IDPs over time. For these reasons, it is not arising out of the fact that he or who "have resettled in another part of possible, and would be wrong to try, she was displaced and (ii) to the country" (Principle 29) and are no to define cessation clauses analogous examine whether, in legal terms, longer in need of protection under to Article 1C of the Refugee such application is possible Principles 28-30. Such resettlement, Convention that would fix a specific because the underlying hard law for obvious reasons, must be firm and moment when displacement is consid- is protecting the person con- permanent. ered to have ended. Rather, it is cerned in his or her present appropriate: situation; and Mandates (a) to clearly separate the issue of (d) to stress that relevant human A third approach is to look at the when the mandate of an organi- rights and humanitarian law mandates of humanitarian agencies sation requires it to cease guarantees contained in hard law and other organisations involved in providing assistance and protec- may remain applicable even if assisting and protecting IDPs. The tion to IDPs (to be decided the person concerned, due to mandate of ICRC, for example, may specifically by each organisation) return or resettlement, no longer terminate at the end or soon after the from the issue of ending the has special needs related to the end of an armed conflict whereas a application of the Guiding former displacement. development agency may continue to Principles (and the hard law be responsible for very long periods underlying it); Walter Kälin is Professor of of time for IDPs who cannot return. Constitutional and International Other organisations may be mandated (b) to focus, when deciding about Law, University of Bern, to supply housing during displace- cessation issues, on the needs of Switzerland, and author of ment and not to returnees. Every IDPs and to provide them with Annotations to the Guiding organisation will have to determine on assistance and protection as long Principles on Internal the basis of its own mandate when it as they continue to have specific Displacement. has to stop to provide assistance and needs that are or have been Email: walter.kaelin@oefre. protection. caused by their being displaced; unibe.ch

(c) to combine, regarding the applic- 1. This does not exclude that IDPs are registered Conclusions for practical purposes. ability of the Guiding Principles, 2. Article 1C paras 1 and 2 (the refugee has The factual situation of displacement the second and the first regained the protection of his country), para 3 (the in most cases changes and ends gradu- refugee has acquired a new nationality), para 4 (the approach, i.e. (i) to ask whether a refugee has returned to the country of origin) and ally and not abruptly. Similarly, the particular principle still satisfies para 6 (ability of a stateless person to return to the specific needs of IDPs change gradually a continuing need of a person country of his or her former habitual residence).

National legislation by Christophe Beau Few states in the world have a special protection Bosnian law clearly states that these solutions must correspond to a volun- regime for IDPs offering a specific legal status to tary choice made by the person concerned, with return and resettle- assist victims of displacement. ment implemented under conditions of safety and dignity. uch IDP status, though not Durable solutions end required under international law, displacement Clearly all the details of conditions to S nonetheless can provide people be satisfied by the processes of return with social, economic and legal bene- Most national laws instituting a status and resettlement cannot be included fits to safeguard rights endangered by for IDPs provide for the termination of in the law but instead could be elabo- displacement. this status after a person has found a rated in decrees or administrative solution to their displacement. instructions. However, the law should Six out of eleven European countries National legislation most in line with at least define return and resettle- affected by conflict and internal dis- standards set out in the Guiding ment in a way that makes solutions placement have adopted specific laws Principles can be found in Bosnia and durable and refers to the essential defining a special status for IDPs: Herzegovina, where the law relating to standards of safety, dignity and free- Azerbaijan, Bosnia and Herzegovina, the status of refugees and displaced dom of choice. In practice, these Croatia, Cyprus, Georgia and the persons, drafted in cooperation with solutions tend to be described in very Russian Federation. Elsewhere in the UNHCR, refers to both return and imprecise terms. In Croatia, the law world, Colombia is the most notable resettlement as durable solutions end- declares return to place of original 1 case. ing the status granted to IDPs. The residence as a sufficient condition for FMR 17 National legislation 17 the cessation of IDP status, reducing the return process to a mere change of address. In Georgia, registration as a permanent resident in a new municipality is seen as de facto resettlement and sufficient grounds to end IDP status. Colombian law stipulates that IDP status ceases with a person’s "social- economic consolidation and stabilization" without mentioning safety as a requirement.

National laws may also confer decisive weight on housing as a determining factor. In Azerbaijan and the Russian Federation, resettlement is seen as UNHCR/A Hollmann completed once IDPs conditions conducive to return (omit- Georgia and Azerbaijan, the Cypriot IDPs in Bilasovar 5 can access permanent housing. ting resettlement), in order to counter state has spared no efforts in helping camp, Aghjabedi These national laws rightly highlight local opposition to minority returns. the displaced persons to reconstruct a District, Azerbaijan housing as an essential element to the There is a very fine line, however, new life away from their homes, in safety of displaced persons when between creating conditions for particular through an extensive hous- searching for durable solutions but restoring real freedom of choice and ing policy. risk diverting attention from other manipulating IDPs’ intentions. vital social, economic, legal and The political exploitation of IDPs’ will security needs. Displacement ended to return is most obvious in countries arbitrarily? Free choice manipulated facing challenges to their sovereignty from occupation or secession. By arti- Various examples of national legisla- Whereas the Guiding Principles high- ficially prolonging IDP status in order tion end IDP status based on a light the fact that durable solutions to keep the displacement problem as presumption that people have found a should be based on a voluntary deci- visible as possible, countries like solution or that special assistance is sion made by displaced persons, Georgia and Azerbaijan promote their no longer needed. In some cases, IDP national legislation is often designed claims over the occupied territories. status and assistance can be terminat- to influence this decision. For exam- By deterring displaced persons from ed after a specified period of time. In ple, legislation in Azerbaijan provides opting for any solution other than Bosnia and Herzegovina, ‘returnee’ for resettlement only when return is return, as long as sovereignty has not status is limited to a period of six impossible and after a special deci- been restored in the lost territory, months. In the Russian Federation, sion made by authorities, revealing these states maintain IDPs in precari- ‘forced migrant’ status ends after five official preference for the solution of ous social conditions, discouraged years but can be extended if a perma- return to original homes. Similarly, in from rebuilding a new life outside nent place of residence has not been Georgia, the law deters IDPs from their areas of origin. found. Legislation in Bosnia and resettling permanently elsewhere in Herzegovina, Colombia and Croatia the country, withdrawing their special Also demonstrating the reluctance of can also end IDP status if a person status and the meagre social rights the government to consider the dis- refuses state assistance or a specific attached to it as soon as they register placement crisis ended while the solution offered. Here the state pre- as permanent residents in a munici- country is still divided, Cypriot law sumes the displaced person has pality outside their area of origin. makes no provision to end the special already found a response to their status granted to persons displaced needs or has opted for another solu- Although Guiding Principle 28 speci- from the Turkish-controlled part of tion. In Croatian and Georgian laws, fies that the authorities' responsibility island. On the contrary, the law the end of displacement is also pre- is to create conditions for both return extends IDP status to children of male sumed when the circumstances that and resettlement, emphasis in some displaced persons, thereby artificially caused displacement have ceased or national legislation on one solution conferring the IDP status to persons when state authorities declare this to above others may be legitimate if it who have not necessarily experienced be the case. helps to restore real freedom of displacement themselves or have choice. In Bosnia and Herzegovina, the already resettled durably in the gov- Presumption-based criteria for ending law specifies as an aim the creation of ernment-held area. However, unlike IDP status bypass the express will of 18 National legislation FMR 17

the displaced as they assume that all tional punishment for the same crime, of a displaced person on the ground conditions for a free choice are ful- thereby infringing the right of forced may not correspond to their legal filled and that the IDPs are seeking to migrants to equality before law. The ‘condition’, especially if their IDP sta- extend their status beyond what is Court also noted that such withdrawal tus is arbitrarily terminated. With the necessary. Such provisions open the was not provided for in criminal law. Guiding Principles, states now have an door to many abuses, allowing a state instrument to guide legal practice on to prematurely discharge itself from The Guiding Principles define IDPs as ending displacement based on durable responsibilities before the process of permanent residents who have not solutions and internationally recog- return or resettlement is complete. crossed an internationally recognised nised standards. Another risk is that authorities border. IDP status can therefore be declare the end of displacement on a withdrawn if the displaced person The Guiding Principles do not provide discriminatory basis, with no guaran- leaves the country and becomes per- detailed or definitive answers to when tee that assessment of conditions in manently resident in another country. the state can legitimately end its the areas of return or resettlement This provision can be found in the assistance to IDPs. The Principles, will be done fairly. Bosnian law pro- Georgian legislation and in the ‘forced however, do allow an assessment of vides clear guidance as to limitations migrant’ law of the Russian whether state policy to end IDP status of presumption in specific cases; per- Federation. However, Georgian legisla- infringes key principles of protection, sons who experienced serious trauma tion, which restricts the benefits of such as non-discrimination, safety and in their areas of origin should not be IDP status to Georgian nationals and freedom of choice. One way to ensure presumed to have found a solution if stateless persons, ends national IDP consideration of the Principles is for they decide not to return, even when status when the displaced person legislators to make specific references adequate conditions of safety and dig- acquires the citizenship of another to them when preparing national laws nity exist in the area of origin. country, even if this person does not to end displacement. leave the Georgian territory. Some states have discriminatory Christophe Beau is Senior provisions to end displacement, in Good practice Information Officer at the Global overt contradiction to the Guiding IDP Project, Norwegian Refugee Principles. In Croatia, IDP status can In the author’s view, IDP status should Council, Geneva. be ended if a displaced person fails to end when people no longer need Email: [email protected] fulfill ‘household tasks’ in state-allo- special attention as a result of dis- cated shelters. Such provisions create placement. The end of displacement 1. Legislation, and references, can be obtained from the Global IDP Project: www.idpproject.org/ a special regime of sanctions for IDPs, should be defined in national law to in violation of Guiding Principle 1 on coincide with durable solutions as non-discrimination. In a decision defined in the UN Guiding Principles Law on Refugees from released on 21 November 2002, the on Internal Displacement – voluntary Bosnia and Herzegovina and Constitutional Court of the Russian return, local integration or resettle- Displaced Persons in Bosnia Federation annulled a provision of the ment elsewhere in the country. Such and Herzegovina, Official 1995 ‘forced migrant’ law, according solutions should always be voluntary, to which forced migrant status could and carried out in conditions of Gazette, 23 December 1999 be ended following convic- safety and dignity. Article 7 tion for a "serious" crime. The Court Some states do recognise the The status of a displaced person argued that the problems with ending IDP shall cease if a person: withdrawal of status prematurely. The forced constitutional court of a) voluntarily returns to his/her migrant Colombia, in its decision former habitual residence; status of 16 March 2001, high- was an lighted that in some b) refuses to return to his/her addi- cases the real ‘situation’ former habitual residence, although voluntary return to the place of his/her former habitual residence, in safety and with dignity, is possible, and if there are no compelling IDP in Baku, reasons arising out of previous Azerbaijan persecution or other strong humanitarian reasons;

c) takes up, in safety and dignity, permanent residence elsewhere in the place of his/her voluntary choice;

d) and if there are other reasons regulated by Entity laws.

[Unofficial translation] Global IDP Project Baku FMR 17 19 Looking beyond emergency response by Patricia Weiss Fagen International concerns and practical attention (including period, they may find homes and communities destroyed or inhabited those outlined in the Guiding Principles on Internal by other residents; they may have lost personal documentation necessary to Displacement) have been weighted on the side of establish their identity, rights and emergency responses to displacement. No matter how property ownership. Young people are likely to have lost years of education; effective they are, however, emergency responses are families are likely to have suffered losses and to have to cope with ill- not solutions. health, trauma or disabilities. The ather, emergency support cre- conditions far worse than what would direct effects of their displacement ates the conditions for survival be observed in a typical refugee camp. persist until there are mechanisms in R and security on which more People need to be helped urgently to place and resources to address such durable solutions may or may not be leave such places as soon as it is safe issues. Ultimately, the viability of built. This article considers the to do so. If ‘going home’ is not possi- returning home depends on rebuild- longer-term options for war-uprooted ble, either integration sur place or ing the local economies in war-torn and war-affected populations and the alternative resettlement in a safe area regions. challenges of reintegration efforts is needed. It appears, however, that through which they can be restored to achieving durable solutions for IDPs is The less straightforward situations productive citizenship. not a high priority either for the are those in which the people who respective governments or for interna- have been displaced find it necessary Attempts to bring developmental ele- tional agencies. or desirable to remake their lives ments to populations still in need of elsewhere than their places of origin, relief remain small-scale, time-limited The lack of meaningful action derives, either because conflict continues or and experimental. Therefore, to some 1 in part, from the perception that con- for other reasons. IDPs of rural origin extent, international agencies are still flict-induced displacements are who have lost their own land (or ‘learning on the job’ about the temporary phenomena that will be access to land) do best if they are able requirements, contradictions and solved by establishing conditions for to settle in similar rural areas where commitments needed to address people to go home. It is due, in larger ethnic affinities facilitate local incor- persistent migration crises and war- part, to the fact that to seek stable poration of displaced families. A to-peace transitions generally. It is and productive integration or reloca- review of cases turns up few examples troubling, however, that even when tion elsewhere than ‘home’ is to in which large groups displaced from the donors and international agencies acknowledge an undesirable political one rural area have successfully reset- know what needs to be done, they so fait accompli. In other words, humani- tled in another. Despite resource- often lack the political will to act in tarian relief for long-term IDPs is fulness and sometimes astonishing accordance with their own oft-repeat- more easily accepted than are durable survival strategies, rural relocation ed recommendations. solutions, because actions in the latter has rarely proved to be durable. direction can carry an unwanted polit- Finding a place Reports indicate that even where ical message – from governments, conflict does not disrupt local liveli- The majority of people who have been donor agencies and the IDPs them- hoods, the arrival of large numbers of displaced are all but invisible because selves – that significant and possibly displaced combined with generalised they are not found in camps and set- even permanent changes have poverty in the receiving areas over- tlements. In addition to the millions occurred in areas of origin, making whelm absorption possibilities and of IDPs living in demarcated locations, return in the foreseeable future seem eventually exacerbate tensions there are other millions – impossible highly unlikely. between newcomers and local popula- to count – who have found their way tion over land and resources (e.g. to villages, towns, the homes of fami- Re-establishing productive Angola, Sri Lanka, Uganda, lies and friends and, especially, large lives Guatemala). cities. Although they may receive sporadic outside assistance, their In the most gratifying situations, Governments sometimes make public numbers and conditions are little crises and conflict are brought to a lands available for IDP settlement, known, much less monitored. These close and people return to their for- proclaiming this to be a durable solu- are the people who really fall through mer homes to take up their former tion. However, in the examples that the cracks. livelihoods. This marks the end of for- come to mind (Sri Lanka, Colombia, mal displacement but only the Indonesia, North India), the govern- Anyone who has been to a typical IDP beginning of the solution. Depending ment-owned land comes without the settlement or camp has probably seen on what has happened in the interim 20 Looking beyond emergency response FMR 17

resources needed to make settlements dwellers. Urban improvements economically viable, i.e. agricultural that may be put in place rarely inputs, credits and markets. Thus, take into account the particular- more often, the rural displaced are ly dire situations faced by those obliged to live in camp-like settle- whose presence is the result of ments with few opportunities for forced migration and flight income generation and are partially or rather than choice. Programmes wholly dependent on external assis- on behalf of displaced persons tance. in urban areas, it appears, are uniformly weak. Sri Lanka illustrates the problems of In Colombia at least 50% of its finding durable solutions for a dis- IDPs end up in major cities, usu- placed rural population. A study on ally after a progression of moves displacement in that country under- further from their places of taken in late 2000 and mid-2001 origin. They may register for concluded: "After almost twenty years government-provided emergency of conflict and internal displacement, assistance soon after displace- there is a lack of integrated, system- ment. Assistance is made atic and systemic analysis, planning available for a three-month and policy on the long-term implica- period but only once – no matter tions of internal displacement and how many times they are, in humanitarian intervention in the con- fact, obliged to move. Following flict zones."2 Many of the IDPs the three months, IDPs are con- interviewed had been living in rural sidered to have moved to a welfare and relocation centres for a ‘stabilisation phase’. The state, Internaly displaced decade or more. At best, they had which has proved unable to pro- woman from managed to replace flimsy shelters vide the protection needed to Pavarando in Mutata with more solid ones, to find casual prevent displacement in the first Municipality, employment in urban centres or to place, has proved equally unable Uraba, Colombia have temporary access to small plots to provide security for urban and UNHCR/P Smith of land. In Sri Lanka, fortunately, the semi-urban IDP settlements, even return to their places of origin, their promising direction of the peace those outside of conflict areas. The lives in the interim should not remain process now seems likely to bring state bureaucracy has largely failed to in limbo, in an unhappy holding pat- positive change. It will be extremely provide the education and health care tern with few if any options. important to support post-conflict IDP to which IDPs are entitled. A minority reintegration if peace is to be main- of IDPs presently benefits from inter- It is possible to reach the long-term tained. national programmes of various kinds displaced through programmes and and these too receive only short-term projects that seek to improve condi- Sooner or later, most war-induced funding. In the new UN Humanitarian tions and foster integration in places displaced, along with other forced Action Plan for Colombia 2003,3 inter- where war-affected populations migrants, flock to cities where they national agencies in Colombia have abound. Supporting local integration hope to find work or receive help prioritised longer-term reintegration includes measures to provide war- from family members. Urban growth and institutional strengthening. uprooted people with access to throughout the developing world has schools and to national health care far outstripped the ability of poor The goal of reintegration mechanisms, jobs and titles to their governments to provide adequate ser- property, including the temporary makeshift homes and the bits of land vices or to control crime. Cities The twin assumptions that IDPs can they have acquired where they are expand at accelerated rates during and will return to their places of ori- living. International assistance is periods of conflict. gin and that advocacy should be focused solely on this solution not essential and could be far more effectively channelled than is now the case. The predominantly rural IDPs are like- only are misleading but also have ly to be among the most vulnerable reinforced the tendency to bypass opportunities for supporting integra- How international assistance is chan- and least protected of urban dwellers. tion. This observation is not meant to nelled will strongly influence whether They are often considered as tempo- underestimate the importance of or not there are durable solutions for rary residents who will leave when advocating the right to return and the IDPs and other war-affected popula- peace is restored – or their arrival is need to support return movements. tions. The state has the primary barely noticed because it seems sim- Rather, it is intended to advocate sup- responsibility for resolving displace- ply to be an acceleration of normal port for multiple solutions, in both ment and for re-integrating the rural-urban migration patterns. Newly- rural and urban settings, designed to displaced but it does not necessarily arrived IDPs are likely to receive absorb and integrate IDPs in the have the wherewithal, capacity or will attention – often hostile – only when places where they are and/or to help to do so. So long as assistance to IDPs they are seen to negatively affect ser- them to find alternative places to live and other vulnerable groups is limited vices and safety for other city and work. Even if they may eventually to direct emergency relief and FMR 17 21 administered by international agen- between international assistance and tensions and diverging agendas cies, local governments will continue development agencies and national among the actors involved, however, to look to international humanitarian and/or local structures and actors at international support remains critical action and funding for this purpose. the earliest possible stage. There are to rebuilding the social and economic National governments are more likely situations in which this is neither pos- fabric so that former IDPs will have a to make reintegration a national prior- sible nor desirable when governments place within national society. ity if the international community have harmful, even murderous, inten- supports the process materially and tions towards IDPs and divert Patricia Weiss Fagen is Research through capacity building and institu- humanitarian assistance for military Associate at the Institute for tion strengthening in areas producing purposes. Nevertheless, early efforts International Migration, and receiving displaced persons. to overcome local distrust and hostili- Georgetown University. ty toward the displaced and, where Email: [email protected]

International support for ending necessary, to start work in non-gov- 1. The examples here do not include discussion of displacement should aim at strength- ernment areas can bring positive forced displacement such as the government- ening the capabilities and the will of results over time. Under the best induced regroupment centres in Burundi. 2. ‘Sri Lanka Case Study Project’, Part 111, unpub- local and national government struc- circumstances, rebuilding war-torn lished manuscript, MacArthur sponsored project tures to work with IDPs to find societies and integrating war-affected on Forced Migration and the Humanitarian Regime. 2001. solutions to their problems. It is populations are long and complicated 3. UN Humanitarian Action Plan, 2002-2003, 27 essential to develop working relations processes. Despite the inevitable November 2002. See www.reliefweb.in (go to Colombia and download 14.2.03 doc). The role of protection in ending displacement by Roberta Cohen iolence erupted in Tajikistan UNHCR office. They then accompanied tries where severe abuses of human in 1993 when tens of thou- the victims to local governmental rights and humanitarian law have V sands of IDPs and refugees offices to ensure that a full and fair been perpetrated, there may be unset- began returning to their homes. In hearing was provided. UNHCR staff tled scores in villages and towns many villages, newly returned people also interceded with the authorities to throughout the country, and targeting found their homes occupied by others help returnees reclaim their homes. of persons who return. or they became victim of physical Local authorities proved receptive to assaults incited by ethnic animosity. UNHCR’s role and there were no inci- The Tajikistan experience also shows Scores of murders and disappearances dents of retaliation against their staff. that safe and successful returns are were reported. The signing of a cease- According to an evaluation, UNHCR’s more likely when specific protection fire agreement in 1994 did not by "24-hour presence" in areas of return and human rights duties are assigned itself create an environment safe for and its "impartial" role exercised "a to field staff deployed in the different return. There was need for the inter- stabilizing influence": new outbreaks return areas who possess the requisite national community and the local of communal violence were discour- skills. UNHCR officers were fluent in authorities to step in to make the aged and the number of protection Farsi or Russian and had extensive returns secure and viable. cases declined.1 IDPs and refugees felt experience in the former Soviet Union. more assured about returning home Some had a legal background, which Much to its credit, UNHCR developed and more confident to remain once brought authority to their interactions a human rights monitoring pro- they had moved back. with local officials, law enforcement gramme designed to take account of officers and the courts. Others had the fact that, in Tajikistan’s volatile What happened in Tajikistan from negotiating skills, which contributed climate, simply transporting people 1993 to 1996 is instructive in consid- to relieving tensions and reducing the back to their homes and distributing ering the question of when threat of violence against returnees. roofing materials to them would not displacement ends. It demonstrates The UNHCR team also developed a be enough to create a secure environ- that even in countries where conflicts good working relationship with the ment and prevent further displace- are formally over, continuing animosi- UN military observer mission in ment. UNHCR deployed field staff in ties among individuals or groups may Tajikistan (UNMOT). Finally, the team return areas to monitor conditions jeopardise return processes and did not just depart at the end of its and intercede with the authorities impede an end to displacement. mission; it arranged for the when there were human rights abuses Indeed, societal tensions may height- Organisation for Security and or risks to personal safety. UNHCR en in the post-conflict phase, Cooperation in Europe (OSCE) to field officers investigated complaints especially if the displaced return to assume its human rights monitoring of murder, disappearances, rape and find their homes, land and personal role, thereby maintaining continuity harassment since many of the returnees property taken by others and no func- of protection for the population. distrusted the local authorities and tioning judicial system in place to often first reported such crimes to the resolve disputes. Moreover, in coun- 22 The role of protection in ending displacement FMR 17

Such efforts, of course, are not always have found it hard to assist people the greater involvement of human equally successful. In Rwanda, for returning to their villages and towns rights and humanitarian field staff in example, in 1994-1995, 130 human in different parts of the country. the return process is one way of rights staff were deployed by the Between January and August 2002, the increasing attention to protection and Office of the High Commissioner for UN documented more than 70 ‘inci- achieving safe returns. Overall, how- Human Rights (OHCHR) to bring a dents’ of violence against aid agencies ever, there are no predictable modicum of safety to returning Hutu and workers, including cases of rape, international arrangements. In Sri and Tutsi following the genocide. But looting and firing on UN vehicles.3 Lanka, UNHCR is currently working many were inexperienced and had not with the government to identify the been given adequate training, and Contributing to the violence is the problems that need to be addressed there were long delays in sending fact that the UN-authorised for the safe return of hundreds of them from the capital to the areas of International Security Assistance thousands of IDPs and refugees. return. The High Commissioner him- Force (ISAF) has been deployed only These include property restitution or self described the operation as a in the capital. The US has opposed its compensation, establishing non- "logistical failure". Nonetheless, expansion, with the result that ISAF is discriminatory legal, administrative OHCHR was able largely to turn it limited to 4,500 troops and has a and police systems in areas of return, around. An experienced staff member mandate to protect only the govern- issuing identity documents, acceler- was put in charge, human rights staff ment. Towards the end of 2002 the ating clearance of landmines and were deployed around the country US instructed its special forces and undertaking special efforts to enhance and effective partnerships were devel- civil affairs specialists to shift from protection for women and children, oped with UNHCR and the UN’s exclusive counter terrorism opera- who remain vulnerable to abuse military mission in Rwanda (UNAMIR). tions to working with newly trained upon return. In the end, the Human Rights Field Afghan troops to defuse local con- Operation in Rwanda was able more flicts, mitigate inter-factional fighting In Angola, however, which has more effectively to monitor conditions in and help with the building of roads, than 4 million IDPs, responsibility for areas of return, advocate for the dis- schools and other development pro- the protection of returnees is on less placed with the local authorities, and jects. Nonetheless, warlords and firm ground. Initially, UNHCR devel- contribute overall to the security of militias continue to run large parts oped a promising two-year plan, return areas. of the country. inclusive of mobile protection teams and NGO protection networks, but Recurrent displacement Further impeding returns is the inor- donor governments refused to fund dinately slow international response it on the grounds that UNHCR should In Afghanistan today, the failure of in removing landmines and other stick to refugees and that other agen- the international community to create unexploded ordinance, which cover cies on the ground should be capable 7 a secure environment and provide more than 700 square kilometres of of undertaking these activities. protection to returnees has caused Afghanistan. The infestation of land- UNHCR as a result has been helping the return process to founder. Far mines is hardly unique to only those returning IDPs who happen from ending, displacement has been Afghanistan. In Mozambique, mines to be intermingled with refugees. But recurring throughout the country. killed more than 10,000 displaced no other agency has the capacity to Large numbers of Afghan refugees persons over the course of the return fulfill the protection responsibility for returning from long exile abroad are and resettlement programme.4 In returning IDPs. The human rights now becoming internally displaced Angola, mines impede the delivery of division of the UN Mission in Angola, and others are making their way back humanitarian aid to returnees and which also reports to OHCHR, has to Pakistan. Afghans already internal- delay agricultural programmes needed presence only in the capital and three ly displaced are becoming uprooted a to make their returns more viable. In provinces and largely focuses on second or third time. About 40% of 2001, 75% of the 660 killed in Angola capacity building for the government. the two million people who have thus by exploding mines and other ordi- The Office for the Coordination of far returned to Afghanistan have nance were internally displaced Humanitarian Affairs (OCHA), crowded into Kabul, Herat and other persons.5 Mine clearance programmes although a coordinating rather than cities because they cannot find suffi- are expensive but they are essential to an operational body, has sought to cient security or work in their home enhancing security in areas of return. monitor conditions in all 18 provinces areas. In the case of the ethnic Mine-awareness campaigns are also and to promote provincial protection Pashtuns, tens of thousands have important to warn returnees about committees. But its field staff is limit- refrained from returning to the north where mines might be planted and ed in number, must concentrate because they fear localised fighting how to avoid them. At the same time, mainly on coordination and has little among rival militias or retribution a new study has found that current experience in human rights and pro- from Uzbek and other ethnic groups mine detecting equipment is largely tection work. Meanwhile, Refugees because of their association or per- unreliable. If attention is not paid to International reports that IDPs finding ceived association with the ousted developing new equipment, the study little security or sustainability in Taliban regime.2 points out, it could take nearly half a home villages or areas of resettlement century to clear all the landmines have begun to leave these areas in Although UNHCR has helped establish lying in wait around the world.6 search of better conditions elsewhere.8 a commission involving the central When it comes to protection, there are government and local authorities to International response few organisations to turn to in post- look at claims of harassment and land While many factors will determine conflict situations. The International confiscation in the north, aid workers whether and when displacement ends, FMR 17 The role of protection in ending displacement 23

Committee of the Red Cross (ICRC), displaced people back to their homes Conclusion the premier protection agency, is following talks between the govern- expected to exit after the conflict, in ment and the Free Aceh Movement. Ending displacement will clearly accordance with its mandate. Post- Regional organisations can also be require greater international commit- conflict reprisals, retribution killings effective partners. In Tajikistan, it was ment to integrating human rights and and other violence do not generally the OSCE that took over from UNHCR protection concerns into return fall under the Geneva Conventions. in monitoring the safety and human processes and to making sure that UNHCR, because of budgetary short- rights of returning IDPs. And in organisations on the ground have the falls and a recently more restrictive Bosnia, OSCE dispatched several hun- expertise, training and resources to interpretation of its mandate, has dred staff members to monitor carry out such activities. It will also become less engaged on behalf of human rights conditions under the require a commitment to providing IDPs, and there is now great uncer- Dayton accords, including freedom of longer-term support for the restora- tainty about whether or not it will movement and the right of displaced tion of civil society, electoral systems, become involved in protecting IDPs in persons to repossess their property judicial institutions that can resolve return programmes. OHCHR for its or receive compensation. property and land disputes, and due part has largely avoided field opera- The chief difficulty is that, at present, process procedures to safeguard tions involving direct protection of in each new humanitarian and human human rights. Most welcome in this IDPs since it mounted the large-scale rights emergency no one knows which regard is the increased recognition operation in Rwanda in the mid agency or combination thereof will being given to the view that post-con- 1990s. The office continues to suffer become involved in promoting safety flict reconstruction must include not from severe resource limitations only the rebuilding of physical infra- and deliberate political attempts by structure but the restoration of a Drought-affected UN member states to limit its role. framework of governance inclusive IDPs in Maslakh, Afghanistan, receiving of democratisation, social justice food aid, 2002. Basically, this leaves OCHA to try to and respect for human rights. Yet bring together whatever players protection and human rights con- happen to be on the ground to cerns are still often secondary share the protection responsibility. concerns and their implementation Its new IDP Unit has been energeti- largely ad hoc. In some instances, cally promoting ‘protection organisational turf wars and coalitions’. While it can encourage parochial views of ‘mandates’ con- additional agencies to become tribute to the uncertainty; so too involved or deploy its own IDP does the international community’s adviser, at times the result is an ad reflexive desire to ‘play it safe’ by hoc mix of organisations that limiting its activities to providing includes some without any human food, medicine and shelter. Only rights or protection experience. when it is realised that promoting the physical safety and human One way to address this gap would rights of people upon their return be for ICRC and donor governments home is equally important will it be supporting its work to consider possible to say that a solution to the whether ICRC might assume a pro- problem of ending displacement has tection role for IDPs and other truly been found. civilians during the phase of return and reintegration. Another would be Roberta Cohen is Co-Director of to secure more of a commitment WFP/Alejandro Chicheri the Brookings-SAIS Project on from UNHCR and from OHCHR Internal Displacement and co- whose new Human Rights during returns of the internally dis- author of Masses in Flight: Commissioner, Sergio Vieira de Mello, placed. Georgetown University’s The Global Crisis of Internal should be encouraged to have his Institute for the Study of International Displacement (Brookings, 1998). office assume greater field engage- Migration has floated the idea of Email: [email protected] ment in return processes. establishing a High Commissioner for Partnerships with NGOs should be Forced Migrants as a way of plugging 1. UNHCR, ‘Report on the Phase-Down of UNHCR’s Operations in Tajikistan’, February 1995, and actively promoted. Peace Brigades the gaps in the international system. ‘TAJIKISTAN: An Account of Lessons Learned’, 15 International, for example, has direct- Others have proposed that a standby April 1996. ly accompanied displaced persons corps of protection specialists be cre- 2. IDP News, Global IDP Project, 12 February 2003. 3. Country Profile on Afghanistan, Norwegian back to their towns and villages in ated, both for emergencies and their Refugee Council, Global IDP Database, 26.10.02. strife-torn Colombia. And in the aftermath, drawn from police and 4. J. Borgen, ‘Institutional Arrangements for Internally Displaced Persons’, Norwegian Refugee Russian Federation, local NGOs have constabulary units, humanitarian and Council, 1995, p18. stationed staff in IDP camps in human rights organisations and secu- 5. Human Rights Watch, Angola, World Report Ingushetia to try to deter forced rity experts, to provide technical 2003. 6. Rand Corporation, J MacDonald et al, returns to Chechnya. Moreover, the advice to those on the ground and Alternatives for Landmine Detection, 2003. Geneva-based Henri Dunant Centre also deploy staff to carry out protec- 7. R Cohen, ‘Weakened US Support Endangers took the initiative to organise a team tion responsibilities. Angola’s Internally Displaced Masses’, African Refugee Network, March 2002. of ‘peace monitors’ in Aceh, 8. Interview with Veronica Martin, Refugees Indonesia, to escort more than 2,500 International, 21 February 2003. 24 FMR 17 The question not asked: when does displacement end? by Michael M Cernea "A drop reflects the ocean", the old saying goes. This actually starts. These are years when the ugly manifestation of relative simple question – "When does displacement end?" – impoverishment begins.

similarly reflects an ocean: the ocean of displacement This is why recognising the real ‘beginning’ of development-induced issues. This question sounds simple but it isn’t. displacement is no less valid than In fact, it probes the depth and length of the entire asking about its ‘end’. In light of empirical observations and social involuntary displacement-resettlement continuum. analysis, the conventional wisdom about the ‘beginning’ of displacement opulation displacements differ that needs clarification: when does must be amended. The displacement by cause, content, the way they displacement begin? clock starts earlier than is commonly P unfold and the way they end. assumed. Answers about ‘end’ must vary It is commonly assumed that dis- depending on the initial cause of placement ‘begins’ when people are Criteria for defining the end involuntary displacement – which may forced to physically leave their habi- of displacement: policy be war, a natural calamity or a neces- tat. This is correct only in the case of objectives sary development project. This article displacement by natural disaster or refers to the end of one type of dis- by war, when the onset of population Let us return now to the initial ques- placements – those caused by public displacement is sudden and people tion and examine our finding that sector projects that install new infra- must flee immediately. However, in Resettlement Action Plans generally structure, build plants, construct displacements caused by development tend to avoid this explicit question highways or accomplish other needed projects, the ‘displacement’ often and its answer. RAPs fail to explicitly developments. begins long before the actual physi- ‘plan’ a target end-date of displace- cal removal of people, as the onset of ment, although projects have to plan Because such displacements are delib- the economic effects of expropriation for all their other components. erate and planned in advance, their very often precedes physical relocation. Information available for RAPs is ‘end’ would logically have to be plenty – on project conditions, area defined also in advance, and under Indeed, in projects that expropriate characteristics, inputs, options, pro- the same plan. Paradoxically, however, large areas for ‘right-of-way’ – such as jected outcomes, etc. RAPs are in a these plans define only the start of dams and reservoirs, highways, strip position to set a time-bound bench- displacement but not its time-bound mining, etc – the decision about the mark as a goal, within the project end. Why this inconsistency? forthcoming land take is made long period or slightly after it, but this before actual population removal. The Resettlement Action Plans (RAPs) are does not happen in the current for- legal principle of ‘eminent domain’ is important instruments and contain mat of RAPs. Let us therefore examine applied and the new category of many provisions indispensable for two elements: the criteria for defining development-displaced people is cre- protecting those displaced. Instituting the end of the state of displacement ated as a legal category, the result of RAPs as mandatory safeguarding and the measurements to ascertain implementing the expropriation deci- tools in development projects marked that criteria are met. sion. This decision leads to legal a major progress compared to the public notification of area boundaries unregulated approaches of the pre- Consensus is growing among IDP and entails a ‘cut-off’ date and legal 1980 period. Surprisingly, however, researchers about the need for prohibition of new constructions and despite the great detail prescribed for specific criteria on determining when of new investments in the condemned designing such RAPs, they indicate displacement ends for various IDP areas, to avoid increases in compensa- only a time-bound beginning but not a groups. The criteria would clearly tion costs. This in turn induces time-bound end to displacement. In differ by the cause, content and type depression – causing drops in land short, the question about the time- of displacement for different sub- prices, halt in housing and enterprise bound completion of the state of categories of IDPs. For refugees, construction, freezing of public displacement is not asked. And an explicit ‘cessation criteria’ determin- investments for public services answer is not given. Yet this is a fun- ing when their state as refugee comes expansion, etc. The ‘to-be-displaced’ damental question. It must be asked. to an end have been already long inhabitants begin to suffer adverse It must also be included in planning. defined, as early as in the 1951 economic consequences long before And it must be answered. Refugee Convention. In the case of being physically displaced. This period some IDP sub-categories (resulting However, before asking about the end, of pre-project ‘condemnation’ may from conflicts, for instance) the prob- there is also another tricky question last many years, until the project lems are complex and under review, FMR 17 The question not asked: when does displacement end? 25

with different view points expressed, measurements. Criteria which are not remain displaced and impoverished, but for the category of development- measurable would be useless. left chronically behind those undisplaced people the criteria may be Conversely, if measurements are not affected by the project. easier to outline. undertaken, theoretical criteria alone would be of little use. As long as RAPs avoid setting a I advance for discussion two proposi- benchmark end-date (even a flexible tions about how we could define the Practice versus policy one), there is no ‘planned’ milestone end of displacement for the large sub- in a given project against which to category of development-displaced What does current practice tell us? measure performance and institute populations: Time-wise, the displacement-resettle- accountability. Leaving the end of dis- ment continuum unfolds through placement open-ended rather than First, the criterion for determining the three essential phases: 1) expropria- planned in a time-bound fashion end of displacement must derive tion/displacement; 2) transfer process leaves those displaced in limbo and from the policy that defines the from old location to new site; and 3) undercuts the safeguards principle. objective of development-induced resettlement and reconstruction of involuntary resettlement. If displace- livelihood. The process initiated with One of the most telling statistics in ment results from deliberate policy, the identification of land for expro- this respect was provided by Indian and is legally induced, displacement’s priation and the physical displace- researchers, who concluded that out end must be equally policy-induced ment does not end at phase two. It of about 20 million people displaced and determined. truly ends only when the third phase in India over a 40 year period, 75%, – resettlement-reconstruction as per that is 15 million, were relocated but Second, in light of this criterion, dis- the policy requirement – is complet- not rehabilitated, emerging from the placement would end when the policy ed. This explains why confusing the transfer phase worse off than they objective is reached – namely, when end of displacement with the end of were before the projects and displace- the displaced people achieve a liveli- 1 the physical transfer phase is a griev- ment started. hood level improved over their ous mistake. Unfortunately, many pre-displacement levels or (as a con- government officials, planners and Necessary remedies troversial minimal caveat still allows project managers are still making this under some current policies) when What would be the practical and oper- confusion. they are restored at a level equal to ational implications of defining their pre-project level (plus ‘without- displacement’s end correctly, in light As a result, many people are dis- project’ growth). Current resettlement of basic policy objectives? placed and relocated but remain not policies of major development aid rehabilitated for years: for them, dis- agencies, bilateral and multilateral, Empirical findings from research placement has not ended. While in clearly define the basic objective of carried out by many anthropologists, theory the first two phases of the their involuntary resettlement policies geographers and sociologists led me continuum must be followed immedi- as "improving, or at least restoring" to the formulation of the ately by the third phase, in practice livelihoods. Impoverishment Risks and this very often does not happen, and Reconstruction (IRR) model, which those displaced do not advance These two propositions, as answer to posits that overcoming the risks of through the third phase. Those affect- the legitimate question about ‘when decapitalising resettlers and impover- ed are not sustainably reestablished, does displacement end?’, imply also ishing them is the core task in displacement is not ended, and they 2 an intimate link between criteria and resettlement. The basic poverty risks identified in the IRR model are: land- lessness, joblessness, homelessness, marginalisation, food insecurity, increased morbidity, education loss, loss of access to common property resources and social disarticulation. If displacement is wrongly defined as ending with physical transfer, before reconstruction begins, those displaced are abandoned to fight on their own the risks imposed on them. Compensation for expropriated assets is not the full solution by far and has long been proven to be an insufficient remedy against impoverishment. To avoid such situations, I suggest three points.

First, a correct definition of what is the ‘end’ of development-induced displacement would need to be included in every project’s RAP as an objective consistent with policy.

Evictees, Sardar Saroyar Dam, Narmada River, India Still Pictures/Gil Moti 26 The question not asked: when does displacement end? FMR 17

Second, the very content of the RAP countries only should be tailored towards achieving weakly, if at all, this end, in a measurable way and implement their with time-bound accountability for resettlement guide- each project. This, again, is usually lines, and the not happening now, perhaps with the correct concept of exception of some internationally a ‘target-date’ is assisted projects subject to monitored forgotten and safeguard policies. Pressure to reach absent. the policy-defined end will force improvements in the entire preceding My third and last resettlement work. Projects guided by point responds to safeguard policies have indeed made the possibility that great progress towards transparently such a survey accounting for the number of people would find that to be displaced, mitigating many many of those dis- adverse impacts. But many such pro- placed have not jects do not transparently account for ‘ended’ their dis- how many of these displaced people placement. end their displacement with their Resettlers must be livelihoods improved by the project’s provided with end, and how many do not. To the resources and credit of some agencies, a demand for opportunities to some assessments was incorporated share in the pro- in the OECD and World Bank guide- ject’s benefits and lines on involuntary resettlement. Yet, truly recover. these assessments are not explicitly Project agencies linked to reaching ‘closure’ and an should design end of displacement. follow-up measures to pursue assis- To achieve clear awareness of results, tance until the RAPs would have to schedule and policy goal is carry out a sample survey study as accomplished. Villagers protest part of the project completion report There are numer- against the Sardar to determine a) whether, and how ous operational Saroyar Dam,

many, of those displaced have ended ways in which this Still Pictures/Gil Moti Narmada, India their displacement in substantive can be done mea- terms, recovering and improving their surably. Otherwise, exposing people Michael M. Cernea is Research livelihoods and b) how many have not to added risks and discontinuing Professor of Anthropology and ended it during the project’s limited reconstruction assistance before their International Affairs, George duration and therefore must be still economic displacement ends would Washington University, in seen as needing assistance. Without only mean swelling the ranks of the Washington DC, and Senior such a study the safeguarding dis- poor with newly impoverished people. Adviser-Consultant of the course cannot really conclude World Bank. whether projects have succeeded in I started this article by saying that Email: [email protected] achieving the basic objective of the this simple question – when does resettlement policy or whether these displacement end? – reflects the vast 1. Fernandes Walter, ‘Development-Induced Displacement in Eastern India’ in Dube S C (ed) projects leave the process unfinished. ocean of displacement problems. Antiquity to Modernity in Tribal India, vol 1, 1998, Indeed, it led us to examine in turn Inter-India Publications: New Delhi; Singh, Shenkar and Banerji P (eds) Large Dams in India, 2002, New The recently revised World Bank poli- the beginning of displacement, its Delhi: IIPA. (Fernandes quotes the economist Vijay cy on resettlement states that "upon risks, the phases of the process, its Paranjpye who estimates the dam-displaced people completion of the project, the borrow- impoverishment effects, the policy in India at over 21.6 million.)

er undertakes an assessment to that would counteract the risks, crite- 2. Cernea Michael M The Risks and Reconstruction determine whether the objectives of ria and measurements – all this in Model for Resettling Displaced Populations, 1997, the resettlement instrument have order to understand what its end is World Development 25:10:1569-87; Cernea Michael M ‘Risks, Safeguards and Reconstruction: A Model 3 been achieved". This positive proposi- and ought to be. Thus, it is a difficult for Population Displacement and Resettlement’ in tion is a step in the right direction, but very worthwhile question. The M Cernea and C McDowell (eds) Risks and Reconstruction: Resettlers' and Refugees' yet it is more descriptive than pre- question about ‘end’ precipitates Experiences, 2000, Washington: World Bank. scriptive and is rarely carried out. clarity. This key question must be The OECD guidelines prescribe that asked in every single instance of dis- 3. World Bank, Operational Policy 4.12 : Involuntary Resettlement, 2001,Washington DC "all resettlement plans… should placement, in every RAP. And – most include a target date when the antici- importantly – the question is not a 4. OECD-DAC, Guidelines for Aid Agencies on pated benefits to resettlers and hosts riddle: it does have a clear answer. Involuntary Displacement in Development Projects, 1992, Paris. are expected to be achieved".4 But Current practice must be improved to unfortunately it is widely known that accomplish the policy-required and key bilateral aid agencies of OECD defined answer. FMR 17 27 Burundi: out of sight, out of mind? by Susan Martin Since the early 1970s, conflict in Burundi has caused more than 200,000 Burundians to lose their lives, many to flee abroad and many more to be displaced, some temporarily and some more long term.

here are approximately The situation of the 639,000 Burundian refugees in regrouped best illustrates T neighbouring countries, plus a the challenges in Burundi of further 200,000 living in Tanzanian determining when displace- settlements since 1972.1 As of ment ends. Regroupment November 2002, there were approxi- has been a tool of the mately 380,000 IDPs living in camps Burundian government since for IDPs and an unknown number of 1996 when about 300,000 men, women, adolescents and chil- persons, mainly Hutu, were dren who are otherwise dispersed in forced into camps, ostensi- Burundi. The UN Office for the bly for their own protection. Coordination of Humanitarian Affairs Most of these camps closed estimates that the current conflict in 1998 but the last quarter may be generating as many as 100,000 of 1999 saw the creation new displacements each month.2 again of regroupment camps, officially termed In 1998, negotiations for peace were ‘protection sites’. Conditions initiated. In August 2000, a Peace inside the camps were for UNHCR/W Stone Agreement was signed by most, but the most part appalling and When the regrouped population left significantly not all, of the parties to some of the camps were inaccessible Internment camp the camps, many faced serious risk. for Hutu IDPs in the conflict.3 No cease-fire was agreed to humanitarian agencies.4 Women Fighting continued or even intensified Gashikanwa area, upon although negotiations for a and children were especially vulnera- in many areas to which the regrouped Burundi cease-fire continue. The peace agree- ble when food was short; at food returned. While the international comment remains fragile and could distributions they were often side- munity rightly demanded the closure collapse at any time. Civilians contin- lined, sometimes despite efforts of of the camps, neither they nor the ue to be caught in the middle and the distribution agencies.5 There were also government made adequate prepara- number of deaths continues to rise. reports of the rape and sexual abuse tions for this contingency. The Both rebel forces and extremists with- of women and young girls in the location of most of the formerly in the Burundi military are implicated camps.6 regrouped population remains vague. in attacks against civilians and humani- Many appear to have gone home but tarian aid organisations. Regional There was almost universal condem- others are believed to still be living in instability and conflict also complicate nation of the camps and extensive or near regroupment camps. Still oth- prospects for peace in Burundi. calls for their closure. Most were dis- ers are likely to have moved to mantled in the third quarter of 2000 Bujumbura or other parts of the coun- Broadly, three categories of IDPs, with following pressure from Nelson try. No statistics are available on the some movement between the cate- Mandela, the international community relative size of each group. gories, are referred to in Burundi: the and local organisations.7 The final displaced in IDP camps, the regrouped pressure came from the rebel groups For those who were able to return in regroupment or former regroup- who made closure of the camps a pre- home, life has been far from secure. ment camps (camps established when condition for joining the peace The homes and livestock of many the military removed the local popula- negotiations. The camp closures have been looted or destroyed in tion to facilitate their military occurred within a very short period whole or in part. In some areas the operations) and the dispersed who do and with no preparation for the safe water system has been destroyed. not live in camps but in the forests return of the regrouped. Some camps Insecurity due to rebel and/or military and marshes or with relatives or were closed very quickly, either activity remains a real threat both for friends. In addition, some refugee because the authorities wanted them those previously regrouped and those returnees have subsequently become emptied as fast as possible but more wishing to assist them. It is commonly internally displaced. Urban street chil- often because as soon as the camp reported that formerly regrouped dren and other homeless populations population was allowed to leave they IDPs return home only to be forced to have grown in size because of the did, despite the risks and conditions flee from their homes to escape conflict although they tend not be they then faced. attacks from one or the other side of considered IDPs. 28 Burundi: out of sight, out of mind? FMR 17

the conflict. The humanitarian agen- inability to forecast when peace will 1. UN OCHA, Consolidated Inter-Agency Appeal for Burundi 2003, November 2002. cies that provided the minimal be established and what will happen www.reliefweb.int/appeals/2003/files/bur03.pdf assistance allowed in the regroupment in the meantime have made operating 2. Norwegian Refugee Council, Burundians Flee camps generally were unable to accom- conditions for humanitarian aid agen- Raging Conflict, 12 February 2003 (www.idpproject.org/) pany the regrouped to their homes cies particularly difficult. Too often, 3. Arusha Peace and Reconciliation Agreement for because of the unsafe conditions. aid agencies are unable to reach dis- Burundi, Arusha, 28 August 2000, referred to as placed populations because of the the Peace Agreement in this article. 4. Refugees International, Burundian Regroupment Security is the principal constraint on security barriers, effectively ending Camps: A Man-made Humanitarian Emergency, an assistance and protection to IDPs in assistance and protection though not Impediment to Peace, 20 January 2000, and Conditions in Burundian Camps Rapidly Burundi. As the peace process has the displacement itself. Burundi epito- Deteriorating, 1 March 2000; progressed, the fighting has in fact mises the worst way in which Human Rights Watch, Emptying the Hills, increased and continues to this day. displacement as an issue of interna- Regroupment in Burundi, Human Rights Watch, New York, July 2000 (www.hrw.org/reports/2000/ Since aid operations have been direct- tional concern comes to end – when burundi2/). ly targeted, it has been particularly the internally displaced are out of 5. Women’s Commission for Refugee Women and difficult to reach vulnerable popula- sight and hence out of mind of inter- Children, ‘Out of Sight, Out of Mind: Conflict and Displacement in Burundi’, October 2000 tions. A further impediment to national actors. (www.womenscommission.org/pdf/bi.pdf) effective humanitarian assistance to 6. Human Rights Watch, Emptying the Hills, Regroupment in Burundi, Human Rights Watch, IDPs and other war-affected popula- Susan Martin is Visiting Professor New York, July 2000, pp18-20. tions has been the weakness of the and Director of the Institute for 7. See, for example, Forced Relocation in Burundi, UN in Burundi, particularly after the the Study of International Report of the Representative of the Secretary- General on Internally Displaced Persons, UNCHR, murders of several senior UN staff in Migration, School of Foreign Doc. E/CN.4/2001/5/Add.1 (5 March 2000) 1999. Service, Georgetown University. Email: [email protected] The deterioration in the security situation inside the country and the

Colombia: the end of displacement or the end of attention? by Amelia Fernández and Roberto Vidal

he development of policies for people internally displaced by T the violence in Colombia is characterised by a tension between the approach of the government, which is predominantly operational,1 and that of the Constitutional Court, which has championed a focus on human rights by way of jurisprudence.2

The growing intensification of internal armed conflict almost entirely limits the option of return. The state is not able to guarantee the civilian population's safety, especially when they have been directly threatened by

armed actors who remain in the areas UNHCR/P Smith from which people have fled. At pre- calculations; ii) local government whereby the population must register sent, there is no real reintegration of authorities are reluctant to receive the in order to access state services. displaced people in Colombia. displaced, as they associate them with Although the Constitutional Court has Solutions for the displaced population armed groups and with increased determined that displacement is an therefore currently depend on the social insecurity and urban marginali- objective fact and that the register possibilities for urban resettlement. sation; iii) return is seen as a possible has simply a declarative function, the The government, however, has placed way of consolidating the government’s registration of the displaced consti- emphasis on return programmes for control over disputed territories. tutes a necessary condition for various reasons: i) the cost of resettle- accessing government support. ment of people from rural areas in Within the governmental system of Consequently, displacement ends, urban areas is higher than that of support for the displaced, an informa- officially at least, upon exclusion from return, according to the government's tion mechanism has been established the state register. FMR 17 Colombia: the end of displacement or the end of attention? 29 UNHCR/P Smith

Another reason for the end of assis- established by the government would transfer the restrictions that states During the ‘Day of tance concerns vague criteria such as be excluded from the register. impose on asylum seekers and Documentation’ in displaced people’s "lack of coopera- refugees onto the relationship that Cuidad Bolivar, tion" or "repeated renunciation" of The result of using these formalised exists between a state and its internal- UNHCR’s Mobile Registration Unit will state politics, according to govern- criteria has been long periods of ly displaced citizens, which entails help local IDPs ment assistance services. This has neglect of the displaced who then dis- obligations relating to their human apply for identifica- created justified fears of the possibili- appear from the official registers once rights. Ultimately, the necessities of the tion cards. ty of setting up some sort of political they have received short-term assis- very operational approach to the issue control over the displaced and their tance. There is fear that formalised taken in Colombia ends up restricting organisations. Governmental sources criteria that meet the priorities of the the rights of internally displaced peo- show that there have been cases of state but not the necessities of the ple. exclusion from the register.3 Some of displaced population will be imposed these cases, according to displaced on those excluded from the register Amelia Fernández is Associate people’s organisations, have been for the displaced, which would result Professor, Faculty of Medicine, leaders of the displaced who have in a total lack of protection. Pontificia Universidad Javeriana, demonstrated against government Bogotá, Colombia. policy. Exclusion or threats of exclu- The ending of the status of being dis- Email: [email protected] sion seem to be used as means of placed should not lead to a total political pressure. absence of support; displacement Roberto Vidal López is Associate assistance should instead be gradually Professor, Faculty of Law, The government’s system of assis- replaced by programmes of more gen- Pontificia Universidad Javeriana, tance is highly formalised. For eral assistance that would nonetheless Bogotá, Colombia. example, people can only be regis- meet the same standards as for dis- Email: [email protected] tered if they were displaced during placement assistance, in a lasting and the previous year; humanitarian assis- dignified way.5 1, The Colombian government has created a complex group of institutions and norms that are tance is only given for three months formulated in the National System of Care and (extendable to three more months in The notion of an end of displacement Prevention of the Displaced Population. special cases); and actual support is raises many fears among displaced 2. The Constitutional Court is the court of appeals subject to the availability of funds. populations insofar as it entails the in the Colombian judiciary system. Since 1994 the The government is studying the possi- end of support, the availability of Colombian Constitutional Court has produced more than 60 pronouncements related to forced bility of using criteria for the which is already precarious. What displacement due to violence. Even so, these corre- "cessation of the condition of being seems particularly risky is the analogy spond to a tiny fraction of the country’s cases displaced" based on the provision of between the politics of the displaced which have been discussed through the judicial system. services, which would mean that and that of refugees (i.e. use of the those displaced who have received cessation clause), especially if in assistance under the limited terms doing so there is an attempt to 30 FMR 17 Narrowing criteria cannot solve IDP problems by Greta Zeender The case of Rwanda demonstrates significant differ- The UN Special Coordinator on Internal Displacement disagreed. He ences among leading agencies and policy makers said that it was politically problematic to say that there were no more IDPs in working with displaced people in their understanding Rwanda when, in Burundi, people who had been resettled for decades were of displacement and resettlement concepts. still counted as IDPs, although they lived in acceptable conditions. At this t the heart of the problem is they had all been moved to their final point, both turned to the the UN agencies’ and NGOs’ location: either to former homes or Representative of the UN Secretary A struggle to agree on whether new villages. OCHA then used the General on Internally Displaced Rwandans relocated into new villages term ‘newly relocated’ instead of Persons for guidance. should be considered permanently ‘resettled’, noting that "a number of resettled or still displaced. sites are lacking basic infrastructure A leading NGO meanwhile considered and a large number of families are 1 humanitarian needs and permanent Over the last decade, Rwandans under plastic sheeting." location to be criteria for the end of experienced repeated waves of dis- displacement. USCR concluded that placement, the latest in 1998 when At the end of 1999, UNHCR talked about 150,000 Rwandans were inter- several hundred thousand people in about an intermediate category – nally displaced at the end of 2000, the northwest were moved into super- some 625,000 returned IDPs – calling primarily people at villagisation sites vised camps. The government them ‘people of concern’ to the without proper shelter or land alloca- justified this action as a protection agency. In fact, rather than having tions. USCR reasoned that people measure against insurgent actions but ‘returned’, the majority of Rwandan lacking essentials such as proper shel- many observers saw it primarily as a IDPs had been resettled. The following ter and farming opportunities at way to deprive opponents of support. year, IDPs in Rwanda ceased to appear 2 government-designated sites could At the end of that year, the govern- as a category of concern to UNHCR. not be considered permanently reset- ment ordered these camps to be Thus in UNHCR’s eyes resettlement tled. The following year, however, it dismantled and the displaced to be seemed to have ended displacement. counted no Rwandans as internally relocated to new villages. displaced, noting only that unknown By 2001, OCHA announced that there displacement might still exist due to The UN Office for the Coordination of were no more displaced people in the government’s resettlement policy.4 Humanitarian Affairs (OCHA), UNHCR, Rwanda. OCHA’s Senior Adviser on the UN Special Coordinator on IDPs, in December 2000, undertook a Internal Displacement and the US mission to Rwanda at the request of Resettlement should be Committee for Refugees (USCR) used the UN Special Coordinator on voluntary and durable different criteria to decide when dis- Internal Displacement. He estimated placement ends. Differences centered that the resettlement was permanent Permanent resettlement was the only on whether resettlement was perma- and that durable solutions had been criterion that all actors viewed as nec- nent, if basic humanitarian needs found for the IDPs. "While conditions essary to end displacement. Some were met and how voluntary and of return and resettlement are often organisations considered other crite- durable the solutions were. yet inadequate, governmental and ria as necessary but came to different international efforts to stabilise the conclusions on whether they had been Changing criteria situation through durable solutions fulfilled. It was only in 1999 for have advanced beyond the threshold OCHA and end of 2000 for USCR that Some agencies, by changing their cri- of what still could be called internal fulfilling basic needs became an teria, appeared to write off thousands displacement," he concluded. The explicit criterion to end displacement. of IDPs. In mid-1999, OCHA counted Adviser also looked at whether the some 500,000 IDPs previously dis- process of resettlement was volun- The forced nature of resettlement, placed in northwestern camps and tary, deciding "there is no evidence however, was widely overlooked. then resettled in villages. That year, today that [the resettlement policy] Despite numerous UN and NGO OCHA narrowed its criteria and count- is implemented with a degree of com- reports of coercion during the reset- ed only 150,000 people who received pulsion which would warrant the label tlement process, none of the relevant direct humanitarian assistance in the of ‘forced displacement’."3 His criteria organisations viewed the forced resettlement villages. In mid-2000, for ending displacement seem to be: aspect of resettlement as serious OCHA adopted an even more restric- permanent resettlement, a durable enough to continue to consider the tive approach, excluding the newly solution and a reasonable degree of resettled people as displaced people. relocated people on the grounds that voluntariness. FMR 17 Narrowing criteria cannot solve IDP problems 31

Also, the durability of solutions was highly debatable in a country where Geneva. generally not seen as a decisive factor close to one million people still live in Email: [email protected] in ending displacement. The need for inadequate shelters lacking basic ser- durable solutions is derived from the vices, three-quarters of them in the 1. OCHA 19 August 1999, and 24 December 1999. 5 Affected populations in the Great Lakes region UN Guiding Principles on Internal northwest. (displaced - refugees); August 2000, Update on Displacement 28 and 29, which state IDPs in Rwanda that competent authorities shall The case of Rwanda shows the impor- 2. UNHCR, June 2000, Global Report 1999, p.96; endeavour to facilitate the reintegra- tance of agreeing on when June 2001, Global Report 2000, p.111 tion of resettled IDPs and assist them displacement ends, and to consider 3. UNOCHA, 18 December 2000, ‘Mission Report: to recover their property or appropri- how voluntary and durable resettle- Displacement and Resettlement in Rwanda’. ate compensation. But only OCHA’s ment has been. Narrowing definitions Senior Adviser on IDPs stated that is no way to make the problems of 4. USCR, June 2001, World Refugee Survey 2001, p.99; June 2002, World Refugee Survey 2002, p.90 efforts to stabilise the situation displaced persons disappear. through durable solutions had 5. Brookings Initiative in Rwanda, November 2001, advanced beyond what could still be Greta Zeender is Information Land and Human Settlements, 2.3.1 called internal displacement. Officer at the Global IDP Project, Complicating matters, durability is Norwegian Refugee Council, Sierra Leone: resettlement doesn’t always end displacement by Claudia McGoldrick Almost one quarter of a million displaced Sierra official end to the 11-year civil war, which had killed an estimated 50,000 Leoneans were resettled in their areas of origin by the people and displaced up to half of the end of 2002, officially ending the internal displacement country’s 4.5 million population. crisis in the country and further consolidating recovery Displaced Sierra Leoneans were resettled in accordance with the national after more than a decade of devastating civil war. government’s Resettlement Strategy, success story, in which the the country. This confidence appeared which applies to IDPs as well as wishes of internally displaced well-founded: by the end of 2001 the refugees and ex-combatants with their A people themselves prevailed, world’s largest UN peacekeeping mis- dependants, and states that it will said some observers. Not so, insisted sion was deployed across the country "only facilitate resettlement into an IDPs and others, pointing to numerous flaws and a disarmament programme was area when it is deemed that the area returnees, amputee and problems along the way. completed. In January 2002, President in question is sufficiently safe to camp, Freetown, Ahmad Tejan Kabbah declared an allow for the return of displaced Sierra Leone So was the resettlement process really the final chapter in Sierra Leone’s displacement story? Arguably not, at least with respect to durability of return and resettlement as required by the UN Guiding Principles.

From relief to recovery

Since April 2001 there has been a concerted effort to resettle large numbers of Sierra Leonean IDPs – as well as returning refugees – and to phase out IDP camps. At that time, the UN shifted its IDP assistance efforts from protracted provision of humanitarian relief to support of resettlement and recovery efforts, confident of advances being made in the peace process and increasing stability throughout Claudia McGoldrick 32 Sierra Leone: resettlement doesn’t always end displacement FMR 17

people in safety and dignity".1 UNHCR of hostilities, unhindered and safe The resettlement process in Sierra was one of numerous agencies that access of humanitarian workers and Leone has suffered lack of agreement helped to plan and implement the sizeable spontaneous return move- on even the most basic definitions. strategy, aiming to harmonise the ments. Virtually the entire country The absence of reliable statistics has resettlement of refugees and IDPs. has been officially declared safe for meant that it was unclear who was an Both groups were offered resettle- resettlement. But concern has been IDP to begin with, so naturally it ment packages, which included a two- expressed in some cases that certain remains unclear as to when IDP status month food ration, household utensils, areas were prematurely classified as ends. While some people maintain plastic sheeting and, in some cases, safe, or that established criteria were that displacement cannot end without transportation. According to OCHA, a not properly applied, especially in fulfilment of the UN Guiding total of some 220,000 registered IDPs light of the volatile situation in Liberia Principles – requiring safe, dignified were resettled in five phases between that has already resulted in cross- and durable return and resettlement – April 2001 and October 2002. Many border raids and abductions of Sierra others insist that the majority of IDPs more returned home spontaneously. Leonean civilians. The downsizing and in Sierra Leone returned even when Officially at least, this left no more eventual withdrawal of the UN peace- informed of the real situation in their IDPs in Sierra Leone. keeping force, UNAMSIL, has heightened home areas and that ultimately the anxieties for some. Allegations have will of IDPs themselves to end their Displacement continues also been made that insufficient or even displacement prevailed. For those misleading information was given to IDPs not wishing to return for various Not surprisingly, the resettlement displaced people about conditions in reasons, the government decided they process raised some thorny issues. their areas of origin. should no longer be considered IDPs. Firstly, what is the real number of The prevailing lack of consensus over IDPs in the country? Nobody can be A further cause for concern is that these fundamental issues has, at the sure, since over the past decade of inadequate resettlement packages, very least, shown that there must be conflict there have always been large combined with a chronic lack of shel- more to the label ‘IDP’ than simply a numbers of unregistered IDPs. This is ter and basic services in areas of formal status granted or removed by important because only registered return, have caused many resettlers to the authorities without full regard to IDPs have been eligible for assistance drift back to urban areas. Plans for conditions on the ground and that in the camps, and for resettlement community rehabilitation programmes there can, in some cases, be a fine line packages. With registration itself have in many cases not yet been between voluntary and forced return. often unreliable, there may still be an developed, partly due to insufficient unknown number of IDPs who are not donor funding. Lessons must be learned from this recognised and will not be assisted to experience and future mistakes avoid- return home. Resettlement or eviction? ed. Sadly, the cycle of war and displacement that has plagued Sierra Secondly, there are also many IDPs Many of these problems have been Leone, Liberia, Guinea and, more who do not wish to be resettled. Their highlighted by NGOs such as MSF and recently, Côte d’Ivoire will ensure that reasons vary: some are traumatised, Refugees International. According to these issues are kept very much alive. some have security fears related to MSF, the "process … more closely their areas of origin, some have lost resemble[d] eviction than resettlement Claudia McGoldrick is Informa- their coping mechanisms and have … due to a lack of respect for the tion Officer at the Global IDP become dependent on camp life, while basic rights of the people to be able Project, Geneva. others are still unwilling to return to to choose their fate, and to be treated Email: [email protected]

areas where they know there is a lack with dignity at each stage of their 1. National Commission for Reconstruction, of infrastructure and basic services. return."2 In some cases, reported MSF, Resettlement and Rehabilitation, ‘Sierra Leone Many have become urbanised in the people were being resettled to areas Resettlement Strategy’, Revised October 2001, p4 2. MSF, ‘Populations Affected by War in the Mano capital, Freetown, and in the words of considered by the UN as too danger- River Region of West Africa: Issues of Protection’, one aid agency, "will strictly not be ous for its own staff. While the UN May 2002, p2: www.msf.org/countries/page.cfm?articleid=EB07B3 IDPs in the ‘assistance’ sense of the acknowledged that numerous chal- BF-3442-4FDE-A1D6E36464BB6EA9 word". Since one of the principles of lenges had arisen during the the government’s resettlement strategy resettlement process, which needed Destroyed school, Eastern Province, Sierra Leone. is to discourage dependency on to be urgently humanitarian aid and prolonged dis- addressed, it placement when areas of return have also said that been declared safe, there is little if any the MSF assistance available for ‘residual’ IDPs. report to some extent Another contentious issue is that focused on some IDPs may have been resettled to specific unsafe areas. The declaration of areas issues out of as ‘safe for resettlement’ – the main context, factor in effectively ending displace- thereby mis- ment – is based on a number of representing criteria spelled out in the govern- the full reali- ment’s resettlement strategy. These ty of the criteria include the complete absence situation. Claudia McGoldrick FMR 17 33

placed at the security posts near the relief centres, NGO workers and civilians, particularly those in the northeastern border villages. Resulting fears of conditions in areas of return need to be allayed before the post-cease-fire trickle of returnees can become a sustained flow.

■ Lack of mechanism to guarantee security, both en route and at the destination Physical security is vital to human existence, yet the IDPs’ perceptions of security vary, depending on the nature of the causes of their flight. For instance, a person displaced as a result of being caught up in the cross-fire may settle for clear signs of an end to military hostilities as the minimum indicator of security needed to return, whereas the victims of ‘ethnic cleansing’ would additionally look for the convincing signs of a change in behaviour on the part of their former ‘tor- mentors’ as a precondition to return. The post-battle nervous- ness permeating the cadres of soldiers on the ground, reinforced Sri Lanka: on the by numerous ‘grey’ areas of responsibility for physical security, makes it even more hazardous for edge of ending internal IDPs moving around the country. displacement? ■ Dispute over the issue of disman- tling the military High Security Returnee fishermen Zones (HSZ) in Point Pedro, by Rupasingha A Ariyaratne The LTTE demands the disman- Jaffna area,

UNHCR/R Chalasani tling of HSZs in the Jaffna Sri Lanka peninsula – a move rebuffed by efore Sri Lanka’s twenty-year- 125,000 non-Tamil IDPs displaced the government on security old civil war ground to a halt from LTTE-controlled areas and some grounds. Although the number of B following the February 2002 50,000 Tamils from the military-held IDPs displaced from the current ceasefire between the government and High Security Zones. By the end of HSZs is relatively small (about the rebel Liberation Tigers of Tamil June 2002, only 600 Sri Lankan 50,000), the issue of the HSZs has Eelam (LTTE), approximately 70,000 refugees living in India had become a major stumbling block people were killed, over 750,000 were approached UNHCR for permission to for implementing resettlement internally displaced and another be repatriated. There is even less inter- plans in general; IDPs know from 700,000 or so fled the country. In the est shown by the Sri Lankan Tamil past experience that even a minor absence of appreciable progress on diaspora in the possibilities of return. tussle between the two main par- the political front, a pall of scepticism ties to the conflict may trigger a overshadows the prospect of effecting There are formidable obstacles to major conflagration. Both sides speedy resettlement of those dis- resettlement, requiring joint effort on have apparently thought it prudent placed during the armed conflict. The the part of the international commu- to sidestep the problem and have initial alacrity with which the dis- nity and the national authorities: informally agreed on resettling placed communities greeted the peace people outside the security zones. process is beginning to give way to ■ Absence of tangible proof of more cautious optimism. durable peace ■ Inadequate protection from the Though unfamiliar with the finer risk of landmines and unex- Over 230,000 IDPs have headed home points of peace agreements, the ploded ordinance in the north since the cease-fire. This displaced receive constant feed- Demining must be prioritised as means that, barring those who do not back on the state of the war and an essential precondition for intend to return, another 500,000 the cease-fire from sources such as implementing resettlement remain to be resettled. The most the LTTE undercover operatives in schemes. Reportedly, about one daunting task is to resettle nearly the south, military personnel million landmines have been laid 34 Sri Lanka: on the edge of ending internal displacement? FMR 17

in the former war-zones, and only do not usually make land and process of ending displacement. 10% of them were removed in property settlement a precondition Judging by the Sri Lankan experi- 2002. IDP community leaders say for returning home. Property ence, the phenomenon of that an international body like issues, however, can be even more socio-economic integration is as UNHCR or UNICEF ought to take difficult to resolve at that stage. complex as the causes of displace- responsibility for monitoring demi- ment. It requires international ning, with powers to declare any ■ Political volatility support, particularly in advocacy area which is not cleared of land- In the absence of a political settle- programmes and monitoring mines unsuitable for resettlement. ment, and because of uncertainties instances of human rights viola- of political legitimacy, disputes tions. ■ Lack of convincing evidence of related to the conflict occur almost sustainable conditions to support daily, sometimes provoking violent The spectre of displacement will cease durable return and resettlement reactions from both sides. The fall- to haunt the returnees as well as A combination of minimum infra- out from such squabbles invariably those who choose not to return only structural facilities, such as tends to dampen what little enthu- when the whole range of these issues shelter, water and sanitation and a siasm that IDPs feel on returning is adequately dealt with through sus- modest income, is needed to sus- home and may upset the resettle- tained national and international tain a decent lifestyle. An ment process. effort. While the international commu- ambitious plan is already under- nity has a vitally important way to build new housing units ■ Disinclination to return contribution to make to overcome the and to repair/reconstruct damaged Even under the best of conditions, outlined earlier, it should houses in the former war-affected obstacles areas. However, these would and especially after a protracted play only a peripheral role in dealing accommodate less than 25% of the period of displacement, some IDPs with the latter issues; the onus of existing IDP population. The pack- tend not to want to return. These their practical realisation should rest age of resettlement cash allowance ‘stayees’ are drawn from highly with the national authorities. and dry food rations provided to disparate groups, such as those However, it is not possible to fix a resettling families is hardly ade- who are fully or partially integrat- specific timeframe for ending interna- quate to persuade IDPs to leave ed with the host societies; have tional protection and turning the relief centres. found employment opportunities; responsibility entirely over to the did not have land/property in the national authorities, because the two Even once physical resettlement areas they fled from; have bought sets of issues are inextricably inter- occurs, IDPs would still be left to land/property in the south; have twined and need to be addressed in grapple with a number of issues: younger family members who have tandem and in overlapping stages. settled into city life; or are trauma- ■ Land and property tised as victims of ‘ethnic Professor Rupasingha A IDPs are naturally keen to obtain cleansing’ practices. Ariyaratne is Senior Research Humanitarian restitution or compensation in Fellow, Regional Centre for Demining Unit ■ Reintegration support Strategic Studies, Colombo, Sri working near respect of lost land and property. Reintegration usually marks the Lanka. Email: [email protected] Elephant Pass, Property disputes, however, are longest and, for all intents and Jaffna area, known to take an inordinately long Sri Lanka time to solve and therefore IDPs purposes, the final stage in the UNHCR/R Chalasani FMR 17 35 Confusing deadlines: IDPs in Indonesia by Christopher R Duncan When does an IDP stop being an IDP? In Indonesia Suggestions for improving the resolution of IDP the answer was supposed to be: on 31 December situations:

2002. This was the deadline announced in late 2001 1. Do not address the needs of victims of social conflict as though they when the government released its plan describing how are victims of a natural disaster. it would solve the ‘problem’ of the more than one While flood or earthquake victims can usually go back home as soon as the million IDPs spread across the country.1 water subsides or the tremors stop, IDPs from social conflict cannot. By he government’s plan con- ments will simply be sowing the seeds demanding that IDPs go home, offi- tained no details on how this of future conflicts. cials contribute to the deterioration of T was going to be accomplished relations between IDPs and host com- other than providing three options for The halt of government support at the munities as the latter begin to think IDPs: i) returning them to their place end of 2001 affected IDPs in differing that the IDPs are simply staying to of origin, ii) empowering them in their ways. A large majority were able to exploit aid. current location (i.e. integration) or iii) get by on their wages and the small relocation. This new policy was greet- amounts of aid they received from 2. Teach regional officials and NGO ed with confusion by many IDPs church groups or NGOs. Most IDPs workers the basics about the social because it was announced at a time had learned to cope without govern- conflict that created the IDPs with when people were still being dis- ment aid, as corruption and whom they are working. Lack of placed by ongoing violence in various mismanagement had depleted it sig- knowledge about the conflicts affects parts of the archipelago. The docu- nificantly. However, those from more the ability of civil servants and NGOs ment also announced that all rural areas who lacked marketable job to work with IDPs, particularly when government aid to the displaced skills and older IDPs unable to do the trying to assist them to return home; would cease on 31 December 2001. manual labour jobs available were it also intensifies feelings of mistrust This led some IDPs to speculate that harder hit. Thus the policy did hasten between IDPs, officials and NGO work- it was aimed at mollifying host com- the return of a small percentage of ers. munities, many of whom were IDPs or, if they did not feel safe going beginning to wonder when the IDPs home, simply displaced them to new, 3. Encourage/require internally dis- were going to stop receiving aid and more rural communities. placed civil servants to move out of go home or integrate into the local IDP camps. Their presence within IDP community. Officials seemed to have a complete camps caused a large amount of disregard for the situation on the resentment among both host commu- The ethnic, religious and political ground, often urging people to return nities and IDPs. Research showed, that conflicts that followed the fall of the to places at the same time as new although internally displaced civil Suharto government in 1998 have IDPs were arriving from those locales, servants living in the camps did face displaced over 1.3 million people in fleeing renewed hostilities. As an numerous difficulties (occasionally Indonesia. Approximately half were incentive, the government promised their salaries were not paid), they displaced as a result of the ethnic and IDPs that the North Maluku govern- were generally better off than other religious unrest in the eastern ment and the armed forces would IDPs. Their removal from the camps, Indonesian provinces of Maluku and guarantee their safety – not reassur- only after they have obtained paid North Maluku. Although many of the ing when it was the failures of these positions within the local government, conflicts have stopped, many IDPs two bodies that led to the their dis- would have been a step towards have yet to go home. The return or placement in the first place. IDPs were improving relations and freeing up integration of these IDPs remains of also mistrustful of their former neigh- aid for IDPs in greater need. paramount importance to the bours who had often turned on them Indonesian government as there have during the conflict. Officials rarely 4. Set up an office to coordinate the been reports of conflicts between took IDP trauma into account when return of civil servants to their origi- them and host communities. Since it discussing their return. nal provinces. A major problem in was conflicts between indigenous rebuilding conflict regions has been communities and migrants that creat- The deadline has come and gone and the flight of civil servants, including ed many of these IDP situations, their there are still hundreds of thousands school teachers. In North Sulawesi return or integration must be dealt of IDPs in Indonesia. many civil servants from North with properly, or regional govern- Maluku wanted to return when the 36 Confusing deadlines: IDPs in Indonesia FMR 17

fighting had stopped but were hin- tion between provincial governments – living outside camps did so because dered by their need to find jobs and and chaos ensued. Boatloads of they were better off financially. They arrange the complicated paperwork. returning IDPs arrived in North failed to take into account the role A coordinating office could facilitate Maluku without any warning, forcing played by IDPs’ arrival dates. The first these transfers. District heads from local communities, already dealing groups of IDPs from North Maluku recovering regions would submit lists with thousands of IDPs, to find hous- were from urban areas, consisting of their personnel needs, to be posted ing and aid for more. largely of civil servants, merchants, in IDP camps and government offices. and skilled labourers, most of whom 7. Do not focus on IDPs living in found employment in North Sulawesi. 5. When building resettlement sites camps to the exclusion of those liv- Wealthy merchants and high level offi- for IDPs, include homes for needy ing outside. Government offices and cials did not live in camps but some segments from the host community NGOs (both local and international) of those who could afford to live out- and provide clear and rigid guide- erroneously believed side the camps instead chose to lines concerning eligibility. (This is that people remain in the camps in order to already standard policy for transmi- exploit the low costs of living and gration projects.) In building new access to aid. In contrast, the final housing, the government must groups of IDPs were often from rural provide guidelines concern- areas and thus less able to find ing who is eligible for the employment. They arrived after the free housing and the sta- camps were full; they had to rent tus of the housing homes and received less aid (whether the IDPs take because they lived outside the ownership or have camps. ‘use’ rights); these must be enforced 8. Provide IDPs with reliable in a consistent sources of information. IDPs and transparent need up-to-date information manner. regarding the current situation in their former places of residence, the 6. Ensure greater current government programmes coordination aimed at them and their rights as between provincial IDPs. Local NGOs should fulfill this governments. In the need. North Sulawesi case, there was initially only Christopher R Duncan, PhD, is the limited coordina- RAI Visiting Research Fellow in Urgent Anthropology at Goldsmiths College.

This article is based on 18 months of anthropological fieldwork (2001-2002) among IDPs from North Maluku living in North Sulawesi.

1. This document, titled National Policies on the Handling of Internally Displaced Persons/Refugees in Indonesia, was released by the Minister of Social Affairs, Yusuf Kalla.

A North Maluka IDP boards a boat to return home from North Sulawesi carrying canned goods given to him by the government. Chris Duncan FMR 17 37 The southern Caucasus experience by Marco Borsotti

fter gaining independence fol- other citizens, such as the right to represent a burden both while dis- lowing the Soviet Union’s vote in local elections. placed and when finally able to return A dissolution, the southern to their original homes. Meanwhile, Caucasus republics of Azerbaijan and In both countries, the majority of the the IDPs’ contribution to the develop- Georgia saw a difficult period of tran- population is living below the poverty ment of their country will emerge sition characterised by internal and line. Independent surveys have found from the underground economy, external inter-ethnic conflicts1 that that IDPs are not significantly more where it is mostly relegated, to find forced more than 1.44 million people vulnerable to poverty than the rest of recognition and support. to abandon their homes.2 The majority the local population. However, as a of those affected became internally result of limitations on the exercise of This process in Azerbaijan and displaced, while some became their rights, for instance as regards Georgia has had its difficulties but refugees by crossing internationally access to cultivable land and access to has already demonstrated that an recognised borders. By 1994 almost credit, poverty alleviation is particu- alternative exists to treating IDPs all the fighting had come to an end in larly difficult for IDPs. The govern- solely as recipients of humanitarian these conflicts, with the exception of ments, with the support of the inter- assistance. In fact, if a lesson could be sporadic violations of cease-fire agree- national community, are in various learned, humanitarian programmes ments and, on two occasions, brief stages of preparation of integrated should have been phased out earlier resumption of hostilities between strategies to promote economic devel- in order to assist IDPs to participate militias. The conflicts resulted in opment to halve poverty. fully and on an equal in the economic destruction of infrastructure, loss of development of their countries, all the lives and displacement of the majority In Azerbaijan and Georgia, efforts while ensuring assistance for those of the resident population in those have been made to convert IDPs from who still need it. Less dependency parts of the countries affected by war a ‘burden’ on the state budget into would have been created and govern- who were forced to abandon their development actors. Without renounc- ment subsidies and donor aid could homes due to their ethnicity. Efforts ing their right to return, they should have been utilised more effectively made with assistance of the interna- not be denied the opportunity to build and transparently. In both countries, tional community to find durable for themselves a comfortable and dig- the process of designing poverty solutions and bring peace have so far nified life in their place of reduction strategies is offering govern- been unsuccessful. displacement. The key for developments an opportunity to consider IDPs’ ment is promotion of economic development as an integral part of There are some important considera- self-sufficiency by giving IDPs access efforts to improve living conditions for tions that are common to all of these to jobs, land, proper shelter, health, all citizens. International efforts to conflicts. Governments in both coun- education, credit and infrastructure. defend IDP rights, particularly the tries have been supportive of their IDP It is necessary to recognise that IDPs Guiding Principles, have oriented the populations, providing them assis- have the same rights and therefore governments’ and donors’ thinking tance in cash and in kind. However, should enjoy the same opportunities toward the same approach. this support, even if it represents a available to all other citizens. Both in burden for their state budgets, is still Baku and Tbilisi, this idea was promot- The southern Caucasus experience insufficient to provide dignified living ed by UNHCR, UNDP and the World indicates that when large-scale dis- conditions for IDPs. Return of IDPs to Bank, and has gained the governments’ placement occurs, the international their place of origin is a key element agreement and donors’ support. Trust community and governments should in peace negotiations since the right funds were established to finance not only provide emergency assistance to return has been sanctioned by the initiatives originating from the IDPs but also immediately begin to integrate international community as one of the themselves for innovative projects assistance to IDPs within existing and principles in finding a solution to the designed to generate employment, future development plans. In this way, conflicts. However, peaceful settle- improve living conditions and help dependence will be minimised and ments to these conflicts remain IDPs escape hardship. These projects IDPs will have better opportunities to elusive and there is no international should also facilitate IDPs’ integration cope with their trauma with greater political consent to use force, if neces- in host communities and benefit these self-sufficiency and in a more dignified sary, as there was in the case of communities as a whole. and sustainable manner. Kosovo to guarantee the right to Marco Borsotti is currently UN return and enforce Security Council In both countries, these approaches Resident Coordinator and UNDP resolutions. Prospects for early return are already integrated into govern- Resident Representative in are difficult to assess but seem poor ment programmes to promote Azerbaijan; he had the same posi- in the short term. As a consequence, economic development as part of tion in Georgia 1996-2001. IDPs are in a sense hostages of their comprehensive strategies that recog- Email: [email protected] situation since their political leaders nise IDPs’ needs and their potential consider them instrumental for peace contribution to the national economy. 1. In Azerbaijan the conflict was for control of negotiations. Furthermore, IDPs can- It is recognised that the more self- Nagorno Karabakh, while in Georgia the conflicts were for control of Abkhazia and Tskhinvali. not benefit from the same rights as reliant IDPs become, the less they will 2. See Global IDP Database at www.idpproject.org 38 FMR 17 Iraq: dilemmas in contingency

planning by Clare Graham The crisis in Iraq exemplifies the dilemmas inherent in contingency planning that face today’s humanitarian community. his article asks: if contingency not be misconstrued as a planning is both standard prediction of an emer- T practice and an intrinsic duty gency. As rumours of humanitarian agencies, what were spiralled, the UN was keen the sources of tension over preparing to stress that contingency for an Iraqi crisis and what are the planning was standard – implications for any effective not exceptional – practice response? and that no predictions could be drawn from Participation in a controver- either the content or the sial crisis? timing of its governmen- Prepositioned emer- tal briefings. gency food aid in Although contingency planning WFP warehouse should be an integral part of the work Every humanitarian organ- near Amman, of any humanitarian agency, the pri- isation has a duty to plan. Jordan, 2003 mary issue to confront planners for With a long lead-in time Iraq was the pressure not to engage for pre-positioning sup- overtly. In contrast to the war on plies and physical WFP/Maarten Roest Afghanistan, there was little support preparations on the for a pre-emptive US-led military ground, the requirement an unprecedented state of uncertain- attack and appeals to the UN resulted to plan came also from practical con- ty. Iraq’s prolonged pariah status and in bitter international disputes. As well siderations. This is a lesson learnt the limited NGO presence within Iraq as wishing to maintain the faith of the from bitter experience. In the 1991 added to the speculation, which is international community in weapon Gulf War, the numbers of refugees part of any contingency planning, as inspections and its Security Council, it fleeing the US-led air campaign were agencies proposed varying scenarios was imperative for the UN to maintain much smaller than predicted but no- and attempted to put appropriate dialogue with the Iraqi government one foresaw the mass exodus response systems in place. The and to avoid fuelling any speculation following the subsequent crushing of absence of insight from local NGOs that it was resigned to war. insurgencies within Iraq. During the and the political limitations of plan- Spring of 1991, more than 500 Iraqis ning in country both hindered plans. UN humanitarian programmes had to a day died from exposure, hunger and The information available pointed to work within these confines. illness in the remote border regions serious concerns surrounding the Additional constraints stemmed from of Turkey and Iran – a consequence of effect of conflict on an extremely vul- the presence of on-going operations weather conditions, difficulties in nerable population already affected in Iraq and the surrounding region. gaining access and the unprepared- by a decade of war and 12 years of The Kuwaiti government, for example, ness of agencies, authorities and sanctions and largely dependent on was worried that talk of preparations donors. Mindful that the international food rations under the Oil for Food would act as a pull factor for poten- community is unforgiving to those programme. tial refugees. Aid agencies within who are taken by surprise, the UN Kuwait were consequently reluctant to began contingency planning for Iraq In contrast, the variations in displace- disclose details of their own plans for as early as February 2002 and pre- ment scenarios were informative only fear of upsetting the authorities. positioning of supplies towards the as an expression of all the imponder- Whilst the fear of sparking refugee end of the year. ables involved. In mid-February, the Under-Secretary-General for movements may stem from a misun- Humanitarian Affairs cited a ‘medium derstanding of contingency planning, Planning in uncertainty case’ scenario, under which 2 million the UK-based Iraqi Refugee Aid people could become internally dis- Council reported rumours of supplies The events which forced the current placed with a potential exodus of at the Kuwaiti border to be an indica- crisis – and the added complications 600,000 to 1.45 million people. At the tion of the direction in which people of the Kurdish issue, the alleged pres- outset of war it was widely assumed would move. The political question ence of nuclear, chemical and that most of Iraq’s 25 million people was therefore how to ensure that any biological weapons, and the effect of had at least six weeks of rations and planning, locally or elsewhere, would sustained economic sanctions – led to FMR 17 Iraq: dilemmas in contingency planning 39

would sit tight, security permitting. bours, Iran is the only full signatory effective protection requires the Planning for displacement is compli- to the 1951 Convention. However, promise of wider support by the inter- cated by more than the questions of Syria was the first and, for a while, national community. In the event of ‘how many?’, ‘where to?’ and ‘how only country to publicly announce massive outflows and a prolonged fast?’. Even days after the military that it would accept refugees. In conflict this could require resettle- campaign was underway, it was still February, Iran rejected the option of ment programmes as well as funds. not known who the lead agency for sheltering refugees, preferring transit Turkey, though a signatory to the internal displacement would be. camps or camps within Iraqi territory. 1951 Refugee Convention, is the only Furthermore, accurate assessments of It promised to open its borders but country in the world to maintain its the scale of need in internally dis- only on a very limited basis, restrict- so-called ‘geographical limitation’ to placed situations cannot take place if ing access to those in ‘physical cover European asylum seekers only. conflict makes access hazardous. danger’. Jordan also relented in This means Iraqis in Turkey can Once borders are crossed, displace- February but remained ambivalent. It receive only temporary protection and ment becomes more visible yet more committed itself to keeping its bor- must be resettled. Yet in Kuwait there political. UNHCR took the lower num- ders open. However at the same time are already over 3,000 Iraqi refugees ber of potential refugees as its it also announced it was turning back from the previous conflict still seek- working figure and preparations in thousands of ‘ordinary’ Iraqis and ing this very option. The situation neighbouring countries proceeded on only welcoming better-off Iraqis com- faced by local humanitarian agencies that basis. UNHCR’s main concern is ing for business or investment. was summed up by the head of the always to keep borders open. The Kuwait Red Crescent Society: to leave need for this in terms of security, The primary responsibility for refugees in camps is inhumane – to shelter and assistance is well docu- refugees falls to the governments of let refugees live amongst the local mented. When nearly 400,000 Kosovar host countries but Iraq’s neighbours population is “dangerous”. Albanians fled during the first two are still coping with the political and weeks of the NATO bombing cam- economical aftermath of the 1991 One thing that planners could safely paign in 1999, Macedonia was Gulf War. Iran received 1.3 million assume was that the main determi- severely criticised for barring refugee refugees, 200,000 of whom still nant of any humanitarian emergency entry and aid agency access. In one remain in the country in addition to would be the duration and intensity incident 70,000 people waiting at the more than 2 million Afghans – each of war. Once again, however, the border were reported missing, raising costing an estimated $674 a year to specifics of the Iraq crisis exacerbated concerns of their use as human accommodate, with only $6 of that potential perils. There are several sce- shields. coming from international aid. narios in which aid agencies, both Persuading Iraq’s neighbours to offer inter- and non-governmental, stated Upholding the fundamental principles they could not operate and would be of non-refoulement and access to ter- forced to withdraw international staff. ritory is always an Given the ethnic divisions within Iraq unrelenting diplo- and the Kurdish issue in particular, Displaced Iraqi matic internal disorder resulting from a mil- Kurds return home – challenge. itary attack could destabilise the in 1991 – after the Amongst entire region. Aid agencies have also first war with Iraq. Iraq’s neigh- stated that they are not equipped to operate in the event of UNHCR/A Roulet 40 Iraq: dilemmas in contingency planning FMR 17

chemical and biological warfare. tary space. From providing purely ty of standby resources and there are logistical support and security in the very real worries that agencies will Since the gassing of Kurdish civilians aftermath of the 1991 Gulf War, the have to divert funds from emergen- in Halabja in 1988, the Kurdish popu- armed forces’ role in humanitarian cies elsewhere in order to achieve a lation and the international operations has since increased signifi- minimal level of preparedness. UN humanitarian community have made cantly. NATO’s lead in refugee agencies may have to borrow from some preparations against future protection in Kosovo brought military internal reserves, divert funds from attacks but neither have had the and humanitarian action to a political other emergencies or simply wait for resources to go beyond simple train- crossroads. The path since has seen funding. NGOs face similar funding ing, stockpiling, makeshift sealing of the controversial emergence of difficulties, also knowing that the buildings and snatched vaccination Disaster Assistance Response Teams money may not be available from any programmes. Either development ‘embedded’ in the US military already source until the emergency has would introduce a further set of operational in Afghanistan and already started. unknowns which might lead to a sce- planned for Iraq. Implications for an effective As response the Iraq crisis reflects yet another shift in the trend humani- towards a blurring of humanitarian and military space. tarian The threat of conflict in Iraq present- action ed many unknowns for contingency nario where humanitarian agencies becomes increasingly politicised, the planners. The only certainty was that felt unable to operate. humanitarian community is demand- conflict would deepen an already ing greater UN leadership. The existing humanitarian emergency. Planning in an increasingly challenges of this changing world The ability to prepare thoroughly politicised humanitarian order are diverse and require discus- was impeded by a lack of information, sion in their own right. The space coordination and funds as well as the implications for contingency planning threat of chemical and biological war- for Iraq may be reflected in levels of Following the passing of Resolution fare. All compounded the potential preparedness. At the outset of con- 1441, calls for greater openness in UN effectiveness of a humanitarian flict USAID was apparently ready. The and governmental planning intensi- response. However, the greatest NGO community repeated that it fied. The difference in opinion on how constraint was the web of political lacked the resources or information to open the dialogue has been and tensions surrounding Iraq. prepare for anything but the widely- should be reflects the divide between held and optimistic scenario of a those for and those against war, with Now, as everyone watches the crisis quick campaign. As the military cam- the UN caught in between. Supporters in Iraq unfold to find out who has paign did not come under UN of secrecy point to military necessi- guessed best, less is being learned auspices, this modified the appeals of ties. Their opponents are fearful of from – and less support given to – the NGO community. The Disasters limitations to effective inter-agency emergencies elsewhere. Although any Emergency Committee, representing response and a greater freedom being future emergency will present a 12 UK-based NGOs, announced that it afforded the military in humanitarian different set of uncertainties and would fundraise and operate only assistance. constraints, the nature of both the under the banner of the UN. conflict in Iraq and the humanitarian While the possibility of UN-sanctioned response may well warn contingency However, the UN itself remained force still existed, NGOs remained planners of the changing role their under-funded. In February an appeal unsure of their role and the accept- agencies will be expected to play in for $123 million was made to fund ability and timing of engagement. As future emergencies. Whether planners the preparedness of nine agencies, planning developed from contingency feel this role will allow them to including $60 million for UNHCR to to post-conflict, the uncertainty of the respond effectively is another matter. cover plans in the region for an initial role of humanitarians increased. In month. A week after war had started February it was reported that the US and with few reported refugees, Clare Graham is Public military planned to handle initial UNHCR had received only $25 million. Information Assistant at humanitarian relief efforts and then The US was the first country to pub- UNHCR, London. gradually hand over responsibilities to licly announce funding for UNHCR Email: [email protected] the UN and other aid organisations. contingency plans. Donor countries The US NGO network, Interaction, outside the coalition were only ever The views expressed here are her expressed its concerns over the lead- likely to respond when conflict had own and the discussion is based ership role designated to the military. begun and an emergency was upon solely on publicly available infor- Pointing to their own principles of them. Opponents to war were reluc- mation. neutrality, impartiality and indepen- tant to fund at all. Germany and dence, UK NGOs indicated their 1. House of Commons International Development France opposed EU funding for a unwillingness to operate where the Committee Preparing for the Humanitarian humanitarian situation they perceived Consequences of Possible Military Action Against authorities of an occupying power as the responsibility of occupying Iraq, Fourth Report for Session 2002-03 Vol 1, p.8; were not accepted by the population. UNHCR The Iraq Emergency – An Uncertain Crisis powers. www.unhcr.ch It is clear that the Iraq crisis reflects For the humanitarian community, yet another shift in the trend towards effective response demands availabili- a blurring of humanitarian and mili- FMR 17 41 Domestic violence on the Thai- Burma border: international human rights implications by Caroline Lambert and Sharon Pickering This article focuses on domestic violence against women leaders or camp committees, including the involvement of women in living in camps, highlighting both the potential and the decision-making structures. One woman noted that even if the govern- limitations of human rights standards in bringing ment failed to implement human rights treaty obligations, the fact that change to women’s lives. women know about them has changed the way they interact with their local omen from Burma who live their confidence to speak out about communities: in the camps along the Thai- behaviour they considered unfair or Burma border are unjust: W We can also compare what the leaders increasingly coming into contact with should do or they should not do, so it the concept and practice of women’s It tells you what is wrong and then makes more understanding of what human rights. For many women, what is not right, and then you also the state should do to the women... learning about rights is a significant know that you can express what’s right, that your rights were being part in the process of recognising Identifying domestic violence as a violated. experiences of injustice and accessing human rights violation empowers remedies or protection. While levels Learning about human rights and both individual and collective action of awareness are increasing, however, recognising that women have human and contributes to the eradication of the effects of such change are limited rights challenged the way women and the practice. It is no longer dependent to the women themselves. Indeed, on individual women taking isolated men in camps thought about domes- among the women we spoke with, action. tic violence: there was a recognition that adopting a human rights framework could be [F]or example, in the camp we have Domestic violence in inter- detrimental to women, placing them some case, it is domestic violence. … national law at risk of family and community dis- at the beginning we think the women approval. In addition, as the women are not good. So yes, the husband Domestic violence has had a fractious are without legal status in relation to should beat, like that. Now we change relationship with international human the Thai state, the primary depen- the opinion. rights law. While throughout the dence of human rights mechanisms 1990s women’s human rights activists on the nation state for the realisation As awareness of the incidence of loudly proclaimed that violence of human rights further diminishes domestic violence increased and against women is a human rights vio- their usefulness as a means of reme- women’s organisations brought the lation, the political players at the UN dy or protection. issue into the open, other strategies were less convinced. The 1993 became possible, including establish- Declaration on the Elimination of Domestic violence in camps ing huts in the camp that women Violence Against Women deliberately could go to when they needed to did not name violence against women Many of the women we spoke with escape violence. In particular, women as a human rights violation, choosing identified domestic violence against stressed the importance of women’s rather to elaborate a series of rights women in the camps as an issue of organisations having a physical pres- which were detrimentally affected by 1 2 serious concern. As women’s organi- ence in the camps and being available such violence. More recently, the sations have become more established to help women talk with their hus- Beijing Plus Five outcomes document and a greater number of women have bands about why their behaviour is characterises violence against women become involved in activism within wrong: as a human rights issue, recognising the camp communities, they have that violence against women perpe- sought to create a multi-faceted series So also they, they call both husband trated by state actors is a human of interventions to address domestic and wife and they explain them about rights violation.3 However, the nego- violence, involving the individuals and not hitting like this. We are human tiators resisted the argument that the camp committees. being, the same human being and not there is a state responsibility to to hurt each other. ensure the human rights of all indi- At the level of the individual, many of viduals in their territory. This notion – the women we spoke with discussed Moreover, women’s organisations ‘due diligence’ – requires that states the ways in which learning and talk- have begun to demand more compre- take concrete steps to respect, protect ing about human rights increased hensive responses from the section and fulfil all human rights obligations. 42 Domestic violence on the Thai-Burma border: international human rights implications FMR 17

Any act of violence against women, women, particularly if they are fright- preparing their Shadow Report5 for including domestic violence, therefore ened of further violence or economic the CEDAW Committee, women from constitutes a violation of human hardship or community disapproba- Burma stressed their frustration over rights if a state has failed to imple- tion: the inability to address the actions or ment programmes and legislation inaction of the camp committees. which work towards the eradication of Probably with some of the women domestic violence in their community. leaders they are quite assertive and UNHCR has observer status in the 14 they can discuss these things with their camps along the border. An important The central point of contention is the husbands, but only telling them. But to next step for our research is to exam- different status accorded to acts per- really do something against it, I still ine the ways in which UNHCR is petrated by state and non-state actors cannot see. engaging with such issues. One within human rights law. Human woman who lived in a camp and was rights law is predicated on the The challenge for women remains that involved in women’s organising dis- accountability of the state: realisation the views of their husbands very often cussed with us the difficulties women of rights and remedies for violations reflect the dominant views of the face in bringing the issue of domestic are mediated through state mecha- community that domestic violence is a violence to the attention of external nisms. So while the gendered private issue between family mem- agencies, including UNHCR. She talked dimensions of state-sponsored vio- bers. While the requirement to take about the practice of UNHCR and lence against women have been steps to change such attitudes is an NGOs coming into the camp and talk- recognised (for example in the recog- obligation under CEDAW and the ing to the camp committees but not nition of rape as a war crime within Platform for Action, for women living talking to women. international humanitarian law), the along the Thai-Burma border it is very issue of violence perpetrated by non- difficult to identify the state which Conclusion state actors remains contested. At a bears responsibility. Both Burma and legal level the Committee on the Thailand have signed CEDAW, which Discussion of international human Elimination of Discrimination Against requires that states parties take mea- rights has brought a number of gains Women (CEDAW) has clearly elaborat- sures to eradicate all forms of for women living in the camps on the ed the nature of states parties’ legal discrimination against women, includ- Thai-Burma border, particularly relat- obligations with respect to the eradi- ing violence. But it is almost ing to increasing women’s individual cation of violence against women; the impossible to hold the authorities in and shared empowerment. However, Committee recognises that violence Burma accountable – and most of the these gains are significantly chal- against women is a form of discrimi- women activists along the border do lenged by the lack of state responsib- nation and that states parties to not recognise the military junta in ility. There is a need for NGOs and UN CEDAW have therefore an obligation Burma as a legitimate government. agencies to take a stronger and clearer to eliminate violence against women The Thai government imposes strict role in relation to issues of domestic as part of their legal duties owed restrictions on individuals living in violence, and be made more account- under the treaty. refugee camps and local police offi- able for both the camps and the levels cials have an antagonistic relationship of domestic violence in the camps. Limitations with those living in the camp. Women from camps and migrant workers Caroline Lambert works in the The state-centric focus remains a have reported violence perpetrated Department of Criminology, significant impediment to the use of against them by Thai law enforcement University of Melbourne, human rights, particularly in relation officers and the Women’s League of Australia. to domestic violence for women in Burma has argued that such violence Email:cmlambert@optus net. many locations around the world. is often treated with impunity.4 So com.au. This issue is compounded for women while the provisions of CEDAW living along the Thai-Burma border. should extend to all those living in a Sharon Pickering is Lecturer, Around the world domestic violence territory, in practice women face Criminal Justice and Criminology, is perpetrated by an individual with extreme difficulty in accessing the Monash University, Australia. varying levels of censure by the com- mechanisms of the Thai state. Email: sharon.pickering@arts. munity and by the state. Within a monash.edu.au. human rights framework, however, the In place of the formal apparatus of only entity with clear accountability the state, the camp committees take 1. They also referred to sexual violence perpetrat- for human rights violations is the on a de facto state role – notably in ed by agents of the SLORC/SPDC and violence against undocumented women living and working state. Therefore, while women may the distribution of food and health in Thailand. experience a level of personal empow- care and the provision of education. 2. Declaration on the Elimination of Violence erment, they remain dependent upon Many women noted that the Camp Against Women, UN Document A/Res/48/104, February 23, 1994. broader community acceptance of Committee, often dominated by men, 3. Report of the Ad Hoc Committee of the Whole equality between men and women and fails to take the issue of domestic vio- of the 23rd Special Session of the General Assembly 2000, UN Document A/S-23/10/Rev.1, their equal entitlement to the realisa- lence seriously. While women may go paragraph 13. tion of human rights. to the camp committee to discuss 4. Ibid, 30. women’s human rights, the formal 5. A Shadow Report is an alternative account of a country's performance under CEDAW submitted by Even when women are able to raise legal mechanisms of the UN human NGOs. issues of human rights with their hus- rights treaty system again fall short in bands, if their husband rejects them addressing the most influential organ- there is very little recourse for the isational entity in women’s lives. In FMR 17 43 Benchmarks and yardsticks for humanitarian action: broadening the picture by Koenraad Van Brabant A serious debate has developed in recent years with promote it. Note that the various references have a different status. regard to ‘standards’ for humanitarian action. Some are inscribed in law while most are not. An organisation is not obliged he focus of this debate has for UNHCR, for example, it is neither to accept an inter-agency benchmark been the ‘minimum standards’ well known nor regularly used by and some are of the view that they are T of the Sphere project but that international NGOs (often the opera- only bound by legal references and debate is now expanding to one on tional partners of UNHCR) – hence the their own internal yardsticks. ‘quality assurance’ of relief/humani- creation of the Reach Out project to tarian action.1 One of the questions familiarise aid workers across the 1. International and national legal being asked is whether the Sphere globe with the Refugee Convention.2 references: These spell out standards are indeed a central tool in rights and obligations. Of partic- determining whether humanitarian The Convention on the Rights of the ular relevance here is the aid has achieved ‘quality’. Child (CRC) is a daily reference for an constitution of a country. While organisation such as UNICEF and typically little known to the over- This debate on standards follows an some child-focused NGOs such as the whelming majority of people, a earlier one on principles which goes Save the Children Alliance. It has also constitution spells out rights and back to the formulation of the 1994 been actively used to inspire the obligations within the national Code of Conduct for the Red Cross ‘ground rules’ that Operation Lifeline framework. In certain circum- and NGOs in disaster relief. This Code Sudan in 1995-96 negotiated with the stances, it can possibly be a of Conduct in particular has been factions in southern Sudan. But the more powerful tool for advocacy most influential in international NGO CRC is certainly not as actively advo- and accountability in the country circles, inspiring a number of field cated, used or referred to in NGO and where humanitarian action takes level codes of conduct, notably the donor circles as Sphere and the Code place than an international con- Joint Policy of Operations in Liberia, of Conduct. vention or an interagency ‘code’. the Sierra Leone Code of Conduct and 2. National policy framework: the Principles of Engagement for The situation therefore seems to be National policy may be perceived Emergency Humanitarian Assistance one whereby legal instruments, rati- by some as inappropriate in cer- in the Democratic Republic of Congo. fied by many if not most states in the world, seem to have less prominence tain crisis situations, or even counter-productive, but it is Thanks to dissemination, advocacy, in NGO circles than two yardsticks preferable that aid agencies training and follow up among and by developed by NGOs but with no legal argue their case with the national international NGOs, the Sphere stan- status. authorities rather than simply dards and the Red Cross and NGO Broadening our perspective bypass them. The latter practice Code of Conduct have achieved centre undermines the credibility of stage position in the awareness of There is a much wider range of rele- local authorities and also con- many organisations, including vant yardsticks or benchmarks that tributes to the perceived Western donor administrations and can – and sometimes must – be used confusion of roles and responsi- some UN agencies. to plan, review or ‘judge’ the quality bilities that aid agencies then of a performance and to hold agencies subsequently lament. Supporting roles: interna- to account. These yardsticks have dif- tional legal instruments ferent status. The challenge for 3. Inter-agency references: Some managers, monitors, reviewers and refer to rights and principles. Although staff and associates of the evaluators is to more consciously con- As such they have no formal Sphere project emphasise that the sider the range of possible bench- legal status but are fairly widely Sphere Charter is as important as the marks, including those that are oblig- accepted. They can be given a ‘minimum standards’, the reality is atory because of their legal status, more authoritative status by the that the technical delivery minimum and to choose those that seem most national authorities. Some coun- standards are better known and more relevant in a given context. tries, like Colombia, have actively used by aid workers than the incorporated the Guiding Charter with its very brief references The numbered table overleaf shows the Principles on Internal to the Refugee Convention, Human range of benchmarks and indicates Displacement into national law. Rights Law and International some of the organisations or inter- Uganda has used them to devel- Humanitarian Law. While the Refugee agency projects that have developed op a National Policy Framework Convention may be a daily reference the instrument or actively guard and/or on Internal Displacement. 44 Benchmarks and yardsticks for humanitarian action: broadening the picture FMR 17

4. A series of other guidelines, devel- In short, for these Indian actors oper- National Commission for oped on an inter-agency basis, ating in an environment where there Reconstruction, Resettlement and refer more to good practices. is a functioning state that has accept- Rehabilitation (October 2001) should ed its responsibility for disaster have been a central reference. Internal 5. Each organisation also has a management, it is much more relevant agency benchmarks could also be series of internal references, to work with, and try to improve, applicable. Some of these would be ranging from mission and values national and/or state laws, policies generic, such as the agency’s mission statements to policy statements and standards than to refer to vaguer and value statement, while others and practical manuals, which it international ones which have no would be context-bound. Examples of has developed internally and legal clout. context-bound references that can against which it can plan, moni- serve as yardsticks would have been tor and review its performance. Resettlement and rehabilita- UNHCR’s ‘Plan of Operation: tion in Sierra Leone Repatriation and Reintegration of 6. Finally, there are situational Sierra Leonean Refugees’ (September references that can be used as A key benchmark, first developed in 2001) or a written project agreement yardsticks: project agreements 1997 and recognised by international between an aid organisation and its (with donors but also with NGOs, was the Code of Conduct for intended beneficiaries. intended beneficiaries), opera- Humanitarian Agencies in Sierra tional plans, etc. Leone. This was inspired by the Interestingly enough, a major aspect Principles and Protocols for of the reaction of the aid organisa- Responding to the earth- Humanitarian Operations developed tions in Sierra Leone to the ‘sexual quake in Gujarat, India in 1995 in Liberia and can be seen as abuse’ report of UNHCR/SC-UK has one of the field-level translations of been to develop another benchmark: As with previous evaluations, the UK’s the 1994 Red Cross and NGO Code of Standards of Accountability to the Disasters Emergency Committee eval- Conduct. Various respondents in an Community and Beneficiaries for all uated the response of British NGOs to inter-agency survey conducted for the Humanitarian and Development the earthquake in Gujarat in terms of Humanitarian Accountability Project Workers in Sierra Leone. But this is the Red Cross and NGO Code of referred to it as an active benchmark again an inter-agency product with no 3 Conduct and the Sphere standards. 5 for their organisational conduct. legal status and does not make any reference to legal obligations in the When the ACT network4 evaluated its However, by January 2002, it home country where agencies are reg- Indian members’ response to the appeared that many newly arrived istered or in the host country. same disaster, it asked them which international NGOs seemed to have 6 Crisis-affected people themselves may references and benchmarks they lost interest in the Code. This was also hold benchmarks, perhaps more thought were most relevant. Although surprising given that there had recent- implicit than explicit. Conversations in aware of the Code and the Sphere ly been intensive dissemination of the Sierra Leone show that affected peo- standards, they first pointed to legal- Code, albeit targeted at armed groups ple value an agency that ‘keeps its political benchmarks such as the such as the army and policy and the word’, that acts with transparency, Indian constitution, the Panchayat Raj UN peace keepers rather than at aid with whom there can be sufficiently Act, the Juvenile Justice Act, the Land organisations. Sphere standards were regular contact and whose staff are Acquisition Act and the Disability Act. also fairly well known and used not arrogant but ready to listen and to Secondly, they drew attention to poli- among the international NGOs in treat people with dignity. cy frameworks. Of great significance Sierra Leone. But while international were the various policies developed by human rights organisations such as One significant problem is that the the Gujarat state authorities with Human Rights Watch in Sierra Leone affected people are often not – or not regard to compensation to disaster actively refer (in their reports and lob- well enough – informed about bench- victims and the adoption of villages bying) to international human rights marks so cannot themselves act as requiring reconstruction. Also relevant law and national legislation, and even monitors or watchdogs. As organisa- was the Indian Relief Code. Drawn up sometimes to international humanitar- tions in Sierra Leone not only want to in the 19th century, it is widely seen ian law, the focus on a Code mainly provide material relief and rehabilita- as outdated and, because of its focus developed by international NGOs and tion assistance but also promote good on drought and famine, inappropriate on the Sphere standards prevented governance, which includes greater for cyclone or earthquake risk and recognition by aid agencies of other accountability, it seems they are miss- disaster management – but it is still highly relevant standards. ing here an opportunity to lead by an active reference for the Indian pub- example. That point seems to have lic administration in the management One of these might be the Constitut- been understood in the wake of the of any disaster. So far, lobbying ion of Sierra Leone7 which spells out UNHCR/SC-UK report, as it is report- efforts for it to be updated have not the rights of citizens and the respon- edly the intention to widely had any impact. Thirdly, for technical sibilities of the state. Another one, disseminate the Standards of standards, they would consult not the highly relevant in the Sierra Leone Accountability for aid personnel Sphere handbook but the India context, would have been the Guiding behaviour among the Sierra Leonean Standards Code Book, which includes, Principles on Internal Displacement, people. Yet few agencies have any for example, specifications on earth- which few agencies actively seemed to programmes to inform ordinary Sierra quake-resistant building. work with. A policy document such as Leonean citizens about their constitu- the Resettlement Strategy of the tional rights and their rights under FMR 17 Benchmarks and yardsticks for humanitarian action: broadening the picture 45

international and national law, and to train local people in basic legal aid. 1. LEGAL OBLIGATIONS In – provisional – conclusion ■ International Human rights Law UNHCHR ICRC Because the Red Cross and NGO code ■ International Humanitarian Law and the Sphere project have received so UNHCR (Reach Out) ■ 1951 Refugee Convention much attention, at least from interna- ■ Convention on the Rights of the Child Sphere Charter tional NGOs, there is a real risk that UNICEF other standard-setting benchmarks or yardsticks come to be seen as less ■ Laws of Country of Association important. That would not only be a ■ Constitution of country of operation methodological mistake; it would also ■ Laws of country of operation be a strategic political mistake because it gives the impression that (international) ‘NGO products’ are more important than state-developed legal standards. Moreover, NGOs have generally been 2. NATIONAL POLICY FRAMEWORK very reluctant to allow any authority to exercise oversight over their adherence to certain principles and codes of con- ■ Disaster policy and management framework duct.8 So, in practice, the unintended ■ Sectoral policies effect is to replace ‘hard law’ with weak- er instruments. This undermines rather than strengthens the rule of law.

Mainstreaming the use of benchmarks 3. INTER-AGENCY REFERENCES ON RIGHTS & PRINCIPLES in humanitarian action and relief work is a task of management. They may be ■ Guiding Principles on Internal Displacement Global IDP Project encouraged to do so if monitors, evalu- ■ Red Cross and NGO Code of Conduct DEC (UK) ators and authorities exercising oversight start using a wider variety of benchmarks, not simply referring auto- matically to some well-propagated ones but choosing those that are actually 4. INTER-AGENCY GUIDELINES FOR GOOD PRACTICE mandatory and/or relevant. It would be refreshing to see programmes evaluat- PIA ■ People-In-Aid Code ed, for example, against the CRC, the Guiding Principles on Internal ■ Guidelines for the Protection of Refugee Women UNHCR Displacement and even an agency’s val- ■ Guidelines on Older People in Disasters HelpAge ues. This could only increase the and Humanitarian Crises HPN agency’s credibility, legitimacy and ■ Good Practice Reviews accountability. Sphere ■ Sphere sectoral standards Koenraad Van Brabant is a ■ Local Capacities for Peace LCP Project Research Fellow at the Disaster ■ Coordination on protocol Interaction Studies Programme, University of Wageningen, Netherlands. Email: [email protected]

1. See for example ‘Enhancing the Quality of 5. INTERNAL REFERENCES Humanitarian Action. Conference proceedings’, The Hague, Dutch Ministry of Foreign Affairs: (www.hapgeneva.org/pdf/La%20Hague%20conference%20Procee ■ Values and principles dings.pdf) ■ 2. See www.reachout.ch/ Policies and procedures 3. See www.dec.org.uk ■ Code of personal conduct 4. See www.act-intl.org 5. See Van Brabant ‘Promoting Transparency and ■ Sectoral manuals Accountability. The Humanitarian Accountability Project fieldwork in Sierra Leone (November 2001- May 2002)’, 2002, Geneva, HAP (www.hapgeneva.org) 6. Interview with member of Code of Conduct committee. 7. See www.sierra-leone.org/documents.html. 6. SITUATIONAL REFERENCES 8. The inter-agency Code of Conduct committee in Sierra Leone, e.g. only had an advocacy and advisory role. Donors were represented on it but reportedly ■ Operational plans did not make adherence to the Code a criterion in ■ funding decisions. The rejecting of any effective Project agreements authority for the Committee even went so far that no meeting minutes were produced. 46 FMR 17 Urban refugees in Mauritania by Channe Lindstrom A largely desert country, the Islamic Republic of refugees the right to work, not one refugee interviewed had been granted Mauritania forms a link between the Arab Maghreb a work permit nor heard of any others who had obtained such a permit. Most and western sub-Saharan Africa. refugees do not believe, however, that a work permit is necessary for them s such, it covers a cultural months. The attestation is only a doc- to carry out labour in those informal transitional area with the pop- ument of protection; it does not sectors of the economy where they A ulation divided between necessarily grant refugees the right to have found work; due to weak admin- Arab-Berbers to the north and black resettlement or financial assistance. istrative infrastructure and a lack of Africans to the south. Mauritania is Moreover, this paper is not always enforcement resources, the govern- one of the least developed nations in respected by the law-enforcement ment has adopted a laissez-faire the world. Legal and social infrastruc- authorities. approach. ture remains rudimentary. Political power and economic wealth is concen- Assistance to refugees The majority of urban refugees in trated in the hands of a few. While Nouakchott support themselves by Mauritania only recently has come to When an individual’s application for casual labour in the largest market in be regarded as a stable country for its asylum is pending, no material or Nouakchott while others work as bar- own nationals, it has now become financial assistance is granted to the bers, hairdressers, carpenters, host to a relatively significant number refugee. Many refugees turn to the plumbers, electricians, construction of refugees from a variety of sub- mosques and churches as well as the workers and fishmongers. The majori- Saharan countries. Mauritanian Red Crescent who pro- ty, however, are self-employed in vide blankets, food and some financial tailoring. LWF micro-credit schemes The majority of urban refugees in assistance to anyone deemed in des- have been set up in order to create Nouakchott, the Mauritanian capital, perate need. Many refugees concede and sustain incentives for entrepre- are from Sierra Leone. They began to that begging is a common practice. neurial activities. arrive in 1997 at a time when UNHCR was about to close its office following "We have no means of providing for Access to education and the conclusion of its voluntary repa- ourselves; we are just receivers. I have healthcare triation scheme for Malian refugees. surrendered myself to the UNHCR." Unlike the right to work, access to the Since then, the refugee population has (Refugee in Nouakchott) rights of education and healthcare do been steadily increasing with 50-100 not require permits. As a signatory to new arrivals each year. The majority A partnership between UNHCR and the 1951 Convention, Mauritania is are between 18 and 59 years of age the Lutheran World Federation (LWF) – required to accord refugees the same (20% are under 18 years of age) while the only implementing partner of treatment as nationals with respect to 43% of the total population are UNHCR in Mauritania – was initiated elementary education and the same female. in April 1999. LWF administers and implements the programme of treatment as ‘aliens’ with respect to secondary and further education. UNHCR status determination Emergency Assistance to Individual Urban Refugees in Nouakchott but has Refugees must also be accorded the same level of healthcare treatment as Despite the fact that Mauritania has insufficient resources to meet the nationals. However, as Mauritania pro- acceded to the 1951 Geneva high demand for services. UNHCR has vides its citizens with neither free Convention Relating to the Status of reduced its funding and the resources elementary education nor healthcare, Refugees and its associated 1969 New at LWF’s disposal have consequently access to both depends almost entire- York Protocol as well as the 1969 suffered. ly on whether one can afford the Organisation for African Unity Refugees are assisted by LWF through costs. (The only health care facility Convention Governing the Specific the distribution of food, clothing and provided free of charge is child vacci- Aspects of Refugee Problems in Africa, blankets; payment of medical bills nations.) The difficulties encountered Mauritania has yet to adopt a national and costs of shelter and education; in attaining employment generally law regarding the status of refugees, a refugee school; and micro-credit mean that refugees find it difficult to nor has it established a national eligi- schemes. Equal amounts of assistance afford these services. LWF has no bility procedure for the granting of are given to each family – a relatively medical facilities but in a medical asylum. In view of the absence of insti- new policy instigated by the UNHCR emergency a refugee is taken to hospi- tutional structures to protect and Protection Officer to prevent conflicts tal by the refugee representative uphold the rights of refugees, UNHCR within the refugee community and responsible for medical assistance – in Nouakchott examines all requests avoid allegations of favouritism. and the treatment is paid for. for asylum. Reimbursement of minor medical Access to employment expenses is usually delayed for up to The only official paper issued by a month, a practice which places sick UNHCR to validate an individual’s Although Mauritania is obliged under and vulnerable individuals under con- refugee status is a renewable ‘attesta- Article 17 of the 1951 Geneva siderable strain. tion’ valid for between three and six Convention to grant recognised FMR 17 Urban refugees in Mauritania 47

UNHCR is reportedly negotiating with often arrested in the hope of extract- obligations towards the protection of the Mauritanian authorities to recog- ing a bribe. Although the entire refugees’ rights into national policy. nise the primary school qualifications population is arbitrarily harassed by Although it nominally accepts the of refugee children. Uprooted and police officers asking for bribes, granting of refugee status determined generally English-speaking, these chil- refugees are a particularly vulnerable by UNHCR, it does not issue any for- dren need a curriculum that is and targeted group. If one is not able mal recognition. UNHCR Mauritania adapted to their needs and allows to pay bribes, refugees report having continues to offer local integration as them to learn Arabic and French in been detained at the local police sta- its primary – if not only – ‘durable order to integrate into the Maurit- tion for up to one week before being solution’. This should not be consid- anian educational system. Two volun- released. The Mauritanian Association ered as ‘durable’ until, at a minimum, teer teachers give free courses at four for Human Rights reports substantial national laws are put in place to primary school levels for 75 children. abuses in detention committed by ensure the protection of refugees. The Canadian Fund for Local police forces against refugees. Several Mauritania’s inability to fulfil its inter- Initiatives in Mauritania provides cases of deportations have been national obligations is due to a equipment and school supplies. Even reported. combination of factors. Being an so, refugees reported that there was a underdeveloped country, it finds itself severe shortage not only of teachers Administrative weakness in the form short of the resources which ensure but also of books and other educa- of a lack of understanding at the respect for refugee rights; tional materials. municipal level (e.g. policemen not Mauritania’s weak and un-harmonised recognising a refugee card) and administrative structures hinder the Prevalence of discrimination, national level (e.g. deportation of development of a transparent and detention and deportation refugees, thereby violating the princi- coordinated refugee policy. ple of non-refoulement) leads to Regardless of their nationality, most unjust treatment of refugees. Channe Lindstrom is a former refugees interviewed assert that Ironically, however, it is the country’s graduate student of the University racism and cultural intolerance administrative weakness and underde- of Oxford Refugee Studies Centre. towards foreigners are prevalent veloped economy that simultaneously Email: [email protected] among the Mauritanians. UNHCR’s prevent the commitment of greater This is a summary of a report ‘attestations’ are issued to regularise injustice because these characteristics commissioned by the Forced residence and provide protection for reduce the government’s capability to Migration and Refugee Studies the refugee population. However, it effectively conduct mass detentions Programme, American University, was widely reported that these are not and deportations. Cairo. The full report, which respected by the law-enforcement details the situation of other authorities who have had no training Conclusion refugee groups in Mauritania as in refugee issues. The threat of deten- well, is available at tion is real, despite the possession of The Mauritanian government has Refugees from www.aucegypt.edu/academic/ a UNHCR attestation. Refugees are failed to translate its international Mail, Bassikounou fmrs (under reports). camp, Mauritania UNHCR/C Shirley 48 FMR 17 update UNIYA/Jesuit Refugee Service UNIYA/Jesuit

Sri Lanka’s fragile peace property issues are boiling up as Angola: from plans to returnees try to reclaim land and action? by Nicholas Van Hear houses which are occupied by other displaced people who have nowhere by Cecilie Winther, DanChurchAid, In February 2003 Sri Lankans marked to go – because their own land or and Nina M Birkeland, Nord Trøndelag a year since the cease-fire between houses are damaged or destroyed, University College Government of Sri Lanka armed forces occupied by others, in areas heavily and the Liberation Tigers of Tamil mined, or occupied by the army. In In FMR 16, in her article on IDP pro- Eelam (LTTE). While tensions have response to the new situation, UNHCR tection in Angola, Kamia Carvalho remained, the peace process that has and other agencies have beefed up concludes: "Despite a good start, been in motion since early 2002 has their operations to assist the dis- Angola still has a long way to go" as transformed the atmosphere in the placed. While there is still much room regards implementation of the country and lifted the oppressive for improvement, the organisational Guiding Principles. Since then the offi- fatalistic fear that has blighted much structures of the humanitarian cial number of IDPs has fallen from of Sri Lanka’s population of around regime, including the government 4.1 million to 2.8 million . Immediately 19 million for nearly 20 years of con- which operates an imperfect ration after peace accords were signed in flict. People in the conflict areas of system for the displaced, function April 2002, people started to move the north and east are now able to go fairly well in Sri Lanka. With luck, away from their places of refuge. about their daily lives with a much these efforts will be backed by donor However, simultaneously, people who greater degree of normality than for a funding to secure lasting peace in the had not been able to flee from occu- long time, not least because of the coming years – though the lessons pied areas migrated into areas – often removal of ubiquitous checkpoints from elsewhere, notably Afghanistan, the provincial capitals – where they and the much greater mobility that are not encouraging in this respect, hoped to receive assistance, thereby has become possible as a result. not to mention the implications of adding to the IDP statistics. And it is war with Iraq. A major donors confer- questionable whether the 1.3 million What the agencies have inelegantly ence is planned for June in Japan. who were formerly counted in the labelled the ‘post-conflict, pre-peace’ official statistics have indeed estab- phase has raised the prospect of the The real challenges lie not in organi- lished livelihoods at home or in new return of IDPs and eventually of those sational change – more ‘coordination’ places of residence in accordance with who have sought refuge abroad. Based – but in the local, regional and inter- their rights as described in the on local government records, it national political economy. As they Guiding Principles. appears that some 240,000 displaced have done elsewhere in post-conflict people have returned to their districts societies, the World Bank and other Angolan authorities claim that much of origin (though not necessarily their agencies and donors will attempt to of the reduction in IDP numbers is a homes) since the peace process got co-opt the humanitarian agencies to result of spontaneous return. under way. This figure does not cap- shape post-conflict Sri Lanka in a neo- However, information from the field ture the substantial number of people liberal mould. Donor assistance for suggests that not all ‘spontaneous’ return was voluntary. And in areas who have maintained registration (and immediate reconstruction needs is where return has indeed largely been receipt of government rations) in their already being made conditional on voluntary, returning IDPs find that place of displacement but have such moulding – through reform of there is no basic infrastructure, signif- returned to their places of origin to the legal and property rights systems, icant numbers of landmines are still see if they can reclaim their houses for example. The leverage donors will in place and there are no resources and land and re-establish a life there. have as a result of Sri Lanka’s bur- available to meet their basic needs. Many people, displaced and refugees, geoning debt (largely military) in are adopting a ‘wait and see’ attitude coming years will also be substantial. The Angolan government has written before they commit themselves to While some such ‘adjustment’ may be the Guiding Principles into national permanent return. Until peace is more warranted, humanitarians will need to legislation and on 5 January 2001 firmly established and conditions at be wary of co-optation and be ready adopted the national Normas for home are more secure, UNHCR is not to contest the excesses of such lever- Resettlement of Displaced encouraging return of refugees from age if the transition to peace is to be Populations. The Normas should Tamil Nadu in south India, where they consolidated and the refugees and ensure minimum standards for safe, number around 100-120,000, about displaced are to be enabled to recon- voluntary and sustainable return. The two thirds of whom live in some 100 struct their lives. Provincial Plans of Emergency Action camps in the state. A few thousand for Resettlement and Return were have nevertheless returned, mainly to Nicholas Van Hear is a Senior drafted in accordance with the Mannar and Jaffna districts. Researcher at the Institute for Normas in June 2002 by the govern- International Studies, ment and the humanitarian These return movements have not Copenhagen. community. These were comprehen- been without problems. In particular, Email: [email protected] sive plans outlining relief, FMR 17 Update 49 UNIYA/Jesuit Refugee Service UNIYA/Jesuit rehabilitation and reconstruction Agnes Callamard, HAP Director, "West DEC only became real when we agreed needs which have served as guidelines Africa … brought the issue to every- that evaluations would be indepen- for humanitarian actors in the coun- one’s attention. Before that, some dent and public…." try. In reality, the government has organisations felt accountability to concentrated its limited funding on crisis-affected populations as of little Humanitarian organisations are not rehabilitation of infrastructure rather priority … the heightened media always the best ones to speak on than social services and immediate scrutiny made agencies realise the behalf of the victims. As one observer assistance. Once again the humanit- importance of being able to hold each concluded, "few organisations spoke arian community has been charged other to account." up for the victims of the West Africa with the enormous task of providing scandal. Even those that did speak did for the basic survival of the displaced. After the Rwanda crisis, the idea of a not do so as stridently as the victims With the continued lack of funding, humanitarian ombudsman – as an would have done themselves. The the humanitarian actors have obviously impartial monitor and investigator – clear gap remains for a truly indepen- not been able to cover all needs but was mooted. A variety of initiatives dent watchdog to monitor and hold to forced to prioritise among acutely were developed, including HAP, account all humanitarian actors." vulnerable populations. Despite good People in Aid, ALNAP (the Active intentions, the Normas still have not Learning Network for Accountability For full text of presentations made at the Febrary 2003 conference, see: www.hapgeneva.org/conf- worked their way from paper to reali- and Performance in humanitarian prestns.htm ty. The Angolan authorities are good action) and the Sphere project. HAP’s at producing plans and writing docu- recently concluded two-year research ments fulfilling the requirements of programme found "evidence of a lack international donors and the UN but of accountability, even more evidence FMR Editorial implementation and use thereof are of a lack of understanding of account- Advisory Board ability, but … a real commitment to less than exemplary. Although the EAB members’ institutional want to do things better". affiliations are listed below, they serve in 1. Global IDP Project: www.idpproject.org an individual capacity and do not The new organisation – intended as a necessarily represent their institutions. successor to HAP – will be a self-regu- latory body with a mandate to provide Sanjib Baisya Humanitarian accountability technical support. While this is a wel- DFID come development, some question Jon Bennett by Asmita Naik whether this goes far enough. Oxford Development Consultants

A new organisation regulating the Questions were asked about how Stephen Castles Refugee Studies Centre activities of humanitarian organisa- accountability is going to be translat- tions was launched at a conference on ed into a reality at the national level B S Chimni ‘Accountability and humanitarian and what will be the mechanisms for Jawaharlal Nehru University operations: present and future direc- this. As membership of the new Maurice Herson tions’ held in Copenhagen in February organisation is voluntary, the vast Oxfam GB 2003 and convened by DANIDA, the majority of NGOs, UN agencies and Danish International Development government action will remain unreg- Michael Kingsley-Nyinah UNHCR Assistance office, and the Humanit- ulated. "Donors need to use the power arian Accountability Project, HAP. of the purse for greater beneficiary Andrew Lawday accountability," says Ken Guinta from Global IDP Project The debate about humanitarian Interaction, a network of 160 US NGOs. Vincent Cochetel of UNHCR Erin Mooney accountability was set in motion by Brookings-SAIS Project on the humanitarian intervention follow- pointed out that "the principal gap Internal Displacement ing the genocide in Rwanda. An which remains is for effective com- evaluation of the aid effort criticised plaints mechanisms. Even after the Bonaventure Rutinwa University of Dar es Salaam it for "poor coordination" and "regret- West Africa experience such mecha- table rivalry", resulting in "duplication nisms have only been instituted in a Dan Seymour and wasted resources" and even few countries. Fear of retaliation and UNICEF "unnecessary loss of lives". Inter- lack of confidentiality are preventing Marit Sorheim vention in Kosovo was similarly people from speaking up." The need Norwegian Refugee Council criticised. More recently, last year’s for transparency in the new organisa- scandal of sexual exploitation of tion was highlighted. Brendon Laurence Whitehead University of Oxford refugees by aid workers and peace- Gormley of the Disasters Emergency keepers in West Africa was a Committee asked, "how open and Richard Williams watershed for the humanitarian honest are we prepared to be..? The Refugee Council, UK accountability debate. According to discussions about accountability at 50 Refugee Studies Centre FMR 17

Refugee Studies Centre, Queen Elizabeth House, 21 St Giles, Oxford OX1 3LA, UK. Tel: +44 (0)1865 270722. Fax: +44 (0)1865 270721. www.rsc.ox.ac.uk Email: [email protected] International rule of law: comment on Iraq by Dr Agnes Hurwitz, Ford Foundation Research Fellow at the Refugee Studies Centre

he decision to go to war in Iraq the UN. The US-led coalition is, on the that the recognition by the interna- has challenged the most funda- other hand, faced with a dilemma. The tional community of an independent T mental principles of the US administration wants to be in Iraqi government capable of exercising current international system. Since the charge of the post-war reconstruction. full control over its territory should end of WWII, states have agreed to It plans to create an ‘Office of recon- be a minimum prerequisite to the prohibit the use of force in their inter- struction and humanitarian repatriation of refugees. national relations. Two exceptions are assistance’ and will appoint the mem- granted under the UN Charter: the bers of an Iraqi interim authority. It The latest developments of the Iraqi exercise of the right to self-defence or has reluctantly accepted a limited role crisis show the essential role that the the authorisation of the Security for the UN, consisting for the most law must play in the conduct of inter- Council under Chapter VII. The US and part in the provision of humanitarian national relations. The US and the UK the UK failed to receive the explicit aid. However, it would in any case have been able to win a war that clear- endorsement of the Security Council need the adoption of a UN Security ly violated the law of nations; they before sending troops into Iraq. With Council Resolution if it wants to might not win the peace unless they regard to the former exception, the secure both political and financial comply with fundamental rules of doctrine of pre-emptive strike advo- support from the rest of the interna- international law. It is to be hoped cated by the US administration tional community. The President of that in light of the post-war situation broadens the concept of self-defence the World Bank has declared that, the US-led coalition will come to redis- in a manner which is inconsistent with since the Bank only deals with recog- cover the eminence of the the Charter. nised governments, it would need a international rule of law. UN mandate before implementing its While the conflict seems to be reach- programmes.2 1, See the Comprehensive Review of the Whole Question of Peacekeeping Operations, UN Doc. ing its conclusion, many of the A/5/305, 21 August 2000. post-war discussions will be tainted As long as the US and the UK occupy 2. ‘US to press World Bank to play role in Iraq’ by the controversy surrounding the Iraq – that is, exercise actual authority Financial Times, 9 April 2003, p5. 3. ‘US and UK focus on legitimacy of interim rule’ lawfulness of intervention. One of over the territory – they remain bound Financial Times, 9 April 2003, p4; see also ICRC these issues concerns the involvement by the relevant provisions of the 1907 Report, ‘General Problems in implementing the of the UN in the reconstruction of Hague Convention IV Respecting the Fourth Geneva Convention’, 27 October 1998, p8. Iraq. The UN has had extensive experi- Laws and Customs of War on Land See also ‘Iraq: resources’ listed on ence in peace building and in the and the 1949 Geneva Convention IV p55. establishment of transitional civil Relative to the Protection of Civilian administrations, such as in Kosovo Persons in Time of War. Shashi and East Timor. Although the UN has Tharoor, UN Under-Secretary General, For details of RSC courses/ faced difficulties in exercising wide noted that "occupying powers have no events, please visit 1 administrative responsibilities, it is rights under the Geneva Convention www.rsc.ox.ac.uk currently the only organisation able to to transform the society or the polity lead this type of operation without or to exploit its economic resources or raising concerns of so-called ‘imperial- anything of that sort."3 In addition, it International Summer School istic colonialism’. is debatable whether the repatriation in Forced Migration 2003 of more than half a million Iraqi 7-25 July: Oxford, UK International legality is of fundamen- refugees can take place if the occupa- tal importance for the legitimacy of tion continues. According to UNHCR Southeast Asia Regional post-war operations. The major pow- standards, return should be condition- School in Forced Migration ers represented in the Security al upon guarantees of physical, 8-18 December 2003: Bangkok, Council will have to find an acceptable material and legal safety for the Thailand compromise regarding the role of the returnees: in other words, the restora- UN. For France, Germany and Russia, tion of full national protection. Since which opposed the war, the objective occupation cannot be regarded as con- Forced Migration Online is to entrust to the greatest extent ferring state authority upon the www.forcedmigration.org possible the reconstruction of Iraq to occupying power, it might be argued FMR 17 UNHCR 51

Community services at a cross-roads by Jeff Crisp Head, Evaluation and Policy Analysis Unit

he downward trend in fund- to play in relation to UNHCR’s central ‘situation analyses’ in the field, so “ ing and staffing of the protection mandate, particularly the that the organisation can better iden- T community services function protection of refugee children and tify and address any threats to the has reached the point where it has women. well-being of refugees. "Professional been rendered incapable of achieving community services staff with social its mandate or purpose within the Community services are also key to science backgrounds and training in organization… Without a strong identifying and addressing field-level social and participatory research tech- financial and intellectual investment problems before they erupt into inter- niques are best placed to facilitate in community services as a core func- national scandals such as that situation analysis… For the rationale tion of UNHCR, there is hardly any witnessed in relation to the sexual for situation analysis is directly relat- point in continuing with it at all." exploitation of refugees by humanitar- ed to that of the community services That is the stark conclusion of an ian and other international personnel function itself: to ensure that all independent evaluation of UNHCR’s in West Africa. And yet the function groups and segments of the refugee community services function, under- has been seriously weakened over the population have access to appropriate taken by a multidisciplinary past decade. protection, assistance and services." five-person team engaged by CASA Consulting of Montreal, Canada. "When we speak of weakness," says Recent resources on commu- CASA Consulting, "we refer to the nity services Based on extensive interviews with declining numbers of community ser- UNHCR staff members in Geneva, a vices staff in the field, the wide range The following reports can be accessed global questionnaire survey and visits of responsibilities they are assigned, on-line at www.unhcr.ch.epau/ to numerous field locations in Africa, and the low level of authority and sta- Asia and Eastern Europe, the evalua- tus of current community services The community services function in tion argues that the community staff." "Many community services UNHCR: an independent evaluation by services function has a significant role staff," the evaluation continues, "have CASA Consulting little control over their daily work Returnees from programmes and do not have the Review of CORD community services Mexico in northern profile, skills or resources required for Congolese refugees in Kigoma Guatemala. to carry out independent monitor- Region, Tanzania by Shelly Dick ing of UNHCR’s implementing partners." Review of CORD community services for Angolan refugees in Zambia by To address this disturbing situa- Oliver Bakewell tion, the evaluation presents a wide-ranging set of recommenda- Community services in refugee aid tions. According to CASA programmes: a critical analysis, ‘New Consulting, UNHCR senior manage- Issues in Refugee Research’, Working ment must redress the neglect and paper no. 82, by Oliver Bakewell decline of the community services function. Greater recognition must be given to the role that community services plays in addressing the This is a regular page of news social and community aspects of and debate from UNHCR’s refugee protection. And UNHCR’s Evaluation and Policy Analysis efforts on behalf of refugee children and women should be better Unit (EPAU). For further coordinated with – and even inte- information, or suggestions grated in – its community services regarding this feature, contact activities. Jeff Crisp, head of EPAU. Email [email protected] Finally, the evaluation calls upon UNHCR to carry out regular UNHCR/B Press 52 Norwegian Refugee Council FMR 17

Pilot IDP mapping survey in Armenia The Government of Armenia estimates that around provided will indicate how many individuals there were in the village 70,000 people are internally displaced as a result of before the conflict, how many have left, how many have returned, when the conflict with Azerbaijan over the territory of and for what reason villagers left, Nagorno-Karabakh. what property they owned and whether their land is farmable, where ore than ten years have ■ needs in their present location in those that left can be reached, etc. passed since the cessation of order to promote integration plus This phase was conducted during the M active hostilities and many needs upon return to their original autumn of 2002 and the information IDPs have already found durable solu- place of residence, including gathered is now being processed. In tions through return, local integration rights to compensation in relation the second phase of the survey, the or emigration. Yet their plight in gen- to lost property and occupancy focus will be on those families who eral has been largely unaddressed and ■ legal status and documentation have left the villages. The families will there is a general lack of knowledge be interviewed in their current loca- of the scope of the issue and the con- Beyond providing a picture of the tion, answering many of the same ditions facing conflict-induced IDPs. immediate situation of the displaced questions that appear in the first population, the mapping activity questionnaire but also discussing When the Special Representative of should be one step towards the cre- their desire and ability to return the UN Secretary for Internally ation of a nationwide mechanism to home. A third, smaller survey will Displaced Persons, Dr Francis Deng, monitor the evolution of conditions map the current condition of schools, visited Armenia in 2000, his first rec- and needs of conflict-induced IDPs. roads, electrical and water lines and ommendation was for a The survey is also intended to con- other infrastructure facilities in each comprehensive survey and needs tribute to the international conflict-affected village. This survey assessment. The idea of ‘mapping’ community’s efforts to develop a will be undertaken by the government conflict-induced IDPs was endorsed by model for international standards in and will contribute to the planning the Department of Migration and addressing the needs of the internally process for rehabilitation of those Refugees in the Armenian government displaced. In addition, it will con- conflict-damaged villages that show and by those international organisa- tribute to international research on the greatest potential to host a sus- tions active in the area of forced criteria for determining the level of tainable IDP return. displacement: UNHCR, OSCE, UNDP, integration of the displaced, the tran- IOM and the Norwegian Refugee sition from humanitarian to The entire survey should be com- Council. The Norwegian Ministry of development needs and the termina- pleted by late 2003. Foreign Affairs is financing the pilot tion of the displacement process. This For further information on NRC’s work in Armenia, study. is therefore a very relevant exercise in please contact the Armenia programme coord- light of the ongoing international dis- inator, Marit Maehlum. Email: [email protected]. NRC has been Gaining an accurate picture of the cussion of when internal building and numbers, living conditions and needs displacement ends. rehabilitating of IDPs in the country is a prerequi- schools in site for designing programmes to The mapping survey Armenia. address their needs. The information is being conducted to be gathered during the mapping in two phases. First, survey includes: 180 conflict-affect- ■ number and composition (by age, ed villages are being gender, household composition, etc) mapped using a set ■ present location of questionnaires. ■ place of original residence The first set is com- ■ desire to return to their original pleted by the village place of residence based on a free mayors, who are and informed choice regarding the given training conditions in their place of beforehand. residence The information NRC Armenia FMR 17 Global IDP Project 53

Displacement only ends with safety and choice by Andrew Lawday When displacement ends is a practical concern for comes to an end. But any agreement on when displacement ends must agencies charged with helping IDPs. But who can emphasise safety, freedom of choice and IDP participation. Unless safe really say when displacement ends? Neither the UN conditions have been established and displaced people choose a solution nor governments have been able to agree yet. voluntarily, solutions cannot be con- nless the international com- significant numbers of displaced peo- sidered durable. munity can agree when ple from assistance. In Rwanda (see Safety must be seen in a broad sense. displacement ends, displaced p30), the government and authorities U Obviously, it means the threats that people risk being pressed home to changed the criteria to arbitrarily end forced people to flee in the first place unsafe areas by authorities and agen- displacement for thousands. have been removed. But it also means cies swearing that all is well. An end ensuring that there is adequate pro- to displacement like this is a type of Elsewhere, governments artificially tection from threats such as physical forced displacement. prolong the problem. In Azerbaijan and Georgia, in an attempt to empha- attacks, rights abuses and landmines, as well as provision of adequate Lack of clarity on when displacement sise their sovereign rights over humanitarian aid and support for ends leaves considerable room for secessionist regions, authorities have essential needs over time. political manipulation. National gov- not supported local integration. Even ernments, who have prime in states that legally recognise dis- IDPs must be able to choose solutions responsibility to care for displaced placed people, governments can to their problems. Ideally, IDPs should people, frequently impose a prema- arbitrarily end that recognition (see be able to choose between return, ture end to displacement. In Russia, p16). IDP status can be withdrawn in resettlement or local integration on the government is trying to press Croatia and Georgia simply because a the basis of impartial information and Chechens home to obviously unsafe person changes their address – in assured assistance. Return cannot be areas. And in Angola, the government Azerbaijan and Russia when they find voluntary, for example, if the govern- is pushing large numbers of people permanent housing. In Bosnia, ment cuts off aid to encourage IDPs home to areas where there is no food Colombia and Croatia, IDP status can to return, as in Russia. Sometimes, and no livelihoods. In Sierra Leone end when an IDP refuses a state-given safe return to home areas under hos- (see p31), the government imposed an solution. In Bosnia and Russia, it ends tile authorities may have to be end to displacement that excluded after a set period of time following enforced by the international commu- return or resettlement. nity, as in Bosnia. The Global IDP Project is an interna- Without procedures to judge when Finally, IDPs should be involved in all tional non-profit organisation that displacement really ends, agencies decisions to end their displacement. monitors internal displacement caused may not be able to resist going along by conflicts. It is worrying that the voice of dis- with arbitrary government policies, placed people themselves has so far even when those authorities displaced The IDP Database (www.idpproject.org) been absent in the international people in the first place and showed provides public information about debate about the end of displacement. internal displacement in 50 countries. obvious disregard for their well-being. Andrew Lawday is advocacy co- When displacement ends also matters The Project is part of the Norwegian ordinator at the Global IDP to information agencies like the Refugee Council (NRC), an organisation Project. that works to provide assistance and Global IDP Project. Monitoring IDP protection to refugees and displaced crises in 50 conflict countries, we people in Africa, Asia, Europe and the must decide when displacement IDP news Americas. NRC was founded in comes to an end and when to stop IDP news is a weekly summary of 1946 in Oslo. monitoring. news on IDPs in conflicts. It is compiled by the Global IDP Project, The Global IDP Project Overall, agencies have much to gain based on public information. Chemin Moïse-Duboule 59 from clear criteria for when displace- Subscribe by email to: CH 1209 Geneva, Switzerland ment ends. Realising that an end to Tel: +41 22 799 0700 [email protected] or displacement is rarely clear-cut, policy Fax: +41 22 799 0701 visit our website makers are wisely developing criteria Email: [email protected] www.idpproject.org. to reflect how displacement gradually 54 FMR 17 conferences

Reports Arab League member states. ii) debating different faces of the inte- Presentations from the International gration process, iii) representing Breaking new ground: the Association of Refugee Law Judges refugees: creating the ‘other’ and iv) role of judges in protecting provided an opportunity for judges exploring the landscape of refugee and lawyers to increase their knowl- women’s experience. It is hoped that refugees in the Arab World edge of refugee law and refugee this conference will become an annual January 2003 : Cairo issues and to share experiences. Most event. The organisers would like to participants admitted their lack of thank the Oppenheimer Fund (Oxford) Apart from Palestinian issues, little is knowledge about the refugee situation and DFID (CHAD) for their generous known about refugees in the countries in their own countries. They were financial assistance. of the Arab League. Only now is active shocked to learn the extent of dis- research being undertaken to fill in crimination faced by Palestinian the gaps in knowledge about displace- refugees in Egypt and Jordan. ment in the region. Forthcoming

In January 2003 the first event took The conference called on Arab League Reproductive Health from place to encourage critical discussion states to: Disaster to Development ■ of refugee issues, legislation and atti- assume their international respon- 7-8 October 2003 : Brussels tudes. A Seminar for Judges and sibilities with regard to the Lawyers from Arab League Countries protection of refugees This conference will focus on applied ■ on Refugee and Human Rights was sign international instruments research, programme findings and use held at the American University in dealing with the protection of of data to improve reproductive Cairo, co-organised by the Forced refugees and enact national health programmes serving popula- Migration and Refugee Studies legislation tions in crisis throughout the world. ■ Programme (FMRS) at AUC (www.auce- abide by their obligations under Organised by the Reproductive Health gypt.edu/academic/fmrs), the Arab the 1965 Casablanca Protocol to for Refugees Consortium with UNFPA Centre for the Independence of the guarantee Palestinians the same and UNHCR. Judiciary and Legal Profession (ACI- rights as nationals ■ JLP), and the International Association recognise Palestinian refugees’ Conference topics: ■ of Refugee Law Judges (IARLJ) right of return and provide full Applied research and programme (www.iarlj.nl). human rights to these refugees in findings on family planning, their host countries until they are STI/HIV/AIDS, gender-based vio- Most Arab countries have constitu- able to do so lence and safe motherhood among tional guarantees of the right to women, men and adolescents asylum and many include protection A follow-up seminar and in-country affected by armed conflict. ■ against refoulement and/or extradi- training sessions are planned in order Evidence of successful models of tion. Most, however, have not become to sustain momentum. For more infor- service delivery in the emergency parties to either the 1951 UN Conven- mation and presentations from the phase, in stable settings and in tion on Refugees nor the 1967 seminar, see: www.aucegypt.edu/acad- post-conflict re-development Protocol. emic/fmrs. efforts. ■ Collection and use of data for Only Algeria, Djibouti, Iraq, Morocco, needs assessments, programme Somalia, Sudan and Yemen have 1st Forced Migration Student monitoring/evaluation and enacted domestic legislation to regu- Conference programme management. late the refugee status determination 22 February 2003 : Oxford process. Provisions relating to asylum Registration fee: $150. A limited num- in domestic law in Lebanon have Over 100 students from the UK, ber of scholarships may be available. existed since 1962 but implementa- Europe and US attended this one-day Updates are available at www.rhrc.org tion has been frozen since 1975. With conference in Oxford. Conceived the exception of Algeria, Sudan, Syria, through a partnership between the Contact: [email protected] or RHRC, Iraq and Morocco, local or regional Refugee Studies Centre, University of HDPFH, Columbia University, 60 offices of UNHCR conduct refugee sta- Warwick-CRER, ICAR, University of Haven Avenue, B2, New York, NY tus determination on behalf of the East London and UNHCR, the confer- 10032, USA. governments. Generally in Arab states ence provided a forum for current refugees lack access to the courts or students to share their research and any other independent mechanism for experience with their peers. The day If you would like to publicise one of appeal and judicial review of proce- was structured around four panel dis- your organisation’s publications or if dures. cussions, with 13 postgraduates you would like to recommend a pub- presenting their work. The panel lication for our publications sction, please send us full details – and, The seminar brought together over 75 themes were: i) emerging asylum poli- preferably, a copy or cover scan. judges and lawyers from 16 of the 22 cy: European and global perspectives, FMR 17 55 publications

Taking Refugees for a Ride? Seminar report: Internal The report is also available at The Politics of Refugee Displacement in Southern www.brook.edu/fp/projects/idp/ Return to Afghanistan Sudan idp.htm by David Turton and Peter Marsden. The Brookings Institution-SAIS Project Afghanistan Research and Evaluation on Internal Displacement. Feb 2003. The Elephant, the Squirrel Unit. 2003. Free and online at and the Eagle www.areu.org.pk/ A seminar was held in November by Danesh Jayatilaka. £5.00/$7.00. 2002 in Rumbek to promote greater The authors question the internation- attention to the needs of an estimated This is a storybook about displace- al donor-driven policy of facilitating 2 million IDPs living in areas con- ment and conflict resolution, focusing the massive return of Afghan refugees trolled by the Sudan People’s on an animal community confronting to a country still in the grips of a dev- Liberation Movement/Army (SPLM/A) conflict and displacement and the astating drought, political instability and the Sudan People’s Democratic steps they take to resolve their and weak government institutions Front (SPDF) – and to increase the predicament. The book touches upon unable to cope with the returnees. accountability of non-state actors. a range of issues and subjects The report urges donors to help slow At the seminar, Elijah Malok, deemed critical at times of war-relat- down the pace of repatriation by Executive Director of the Sudan Relief ed violence. The reader is encouraged increasing support to refugee pro- and Rehabilitation Association, the to digest the essence of the story, grammes in neighbouring Pakistan relief wing of the SPLM/A, presented a then reflect and relate them to real and Iran and by increasing support draft policy to address the needs of life events. Easy reading with colour for UNHCR’s protection work in these IDPs in areas under their control. Mr illustrations. The author was the countries. The authors also call for an Malok undertook to promote the for- Project Coordinating Officer for the expansion of the International mal adoption of this policy by the Sri Lanka IDP Protection and Security Assistance Force to all SPLM/A leadership. The report con- Assistance Guiding Principles on regions of Afghanistan and for an tains current information on the Internal Displacement Programme. He increase in the amount of reconstruc- situation of IDPs in southern Sudan, wrote the story for use as a training tion and emergency aid pledged and the full text of the SPLM/A draft poli- tool but has published it personally. delivered to the country. Without cy, and statements by Mr Malok and increased security and the ability to other participants. Contact: Danesh Jayatilaka, Number Displaced children earn a living in Afghanistan, the 27, Wickramaratne Avenue, Kohuwala, outside Nasariyah authors argue, most refugees would Contact: Gimena Sanchez-Garzoli, Sri Lanka. in a temporary Tel: +94 1 821939. be better off staying in neighbouring Brookings-SAIS Project on Internal housing camp, Iraq, countries for the time being. Displacement, Brookings-SAIS Project Fax: + 94 1 590489. March 2003. on Internal Displacement, The Email: [email protected] Contact AREU at: Prime Minister’s Brookings Institution, Compound (next to AACA), Kabul, 1775 Massachusetts Ave Afghanistan. NW, Washington DC 20036, Iraq: resources Tel: +93 (0)70 277635. USA. Website: www.areu.org.pk. Tel: +1 202 797 6145. UNHCR news and updates: Email: [email protected] Email: gsanchez@brookings. www.unhcr.ch/cgi-bin/texis/vtx/iraq?page=home edu. Human Rights Watch documents: www.hrw.org/campaigns/iraq/

ODI’s Humanitarian Policy Group briefing note on key humanitarian policy issues in the context of the war in Iraq: www.odi.org.uk/hpg/papers/briefing_note_april2003.pdf

Harvard Program on Humanitarian Policy and Conflict Research briefing paper on the application of International Humanitarian Law in Iraq: www.ihlresearch.org/portal/ihli/10.pdf

Amnesty International on the responsibilities of occupying powers: http://web.amnesty.org/library/index/eng- mde140892003

See also www.fmreview.org/4DIraq.htm for FMR’s extensive list of links relating to Iraq. ACT-MECC The Brookings-SAIS Project on Internal Displacement

In the vacuum of sovereignty: the international challenge of internal displacement by Francis M Deng The differences between the 12 million refugees and the estimated 25 million internally displaced persons (IDPs) around the world, as far as the international community is concerned, is that the former have crossed international borders while the latter have remained within their countries.

indings from my country missions tion, sometimes dictated by the nature around the world, in my capacity of the displacement and the degree to F as Representative of the UN which the government identifies with its Secretary-General on Internally displaced population. Even then, lack of Displaced Persons, underscore the capacity and other political considera- degree to which the expectation of inter- tions may affect the delivery of nal protection by states for IDPs is, for protection and assistance. the most part, a myth. The crises of national identity that are often at the The core principle that has guided the root of the causes of displacement also work of the Representative has been to national authorities accountable. Only affect the response of governments and recognise the inherent nature of the the international community has the relevant non-state actors to the humani- problem of displacement as internal and leverage and clout to persuade govern- tarian consequences of displacement, therefore falling under state sovereignty ments and other concerned actors to frequently resulting in vacuums of and to postulate sovereignty positively, discharge their responsibility or other- responsibility in the exercise of state as entailing the responsibility to protect wise fill the vacuum of irresponsive sovereignty. and assist citizens in need. This stipula- sovereignty. tion of sovereignty, which has gained During missions, I normally ask the dis- increasing support in the international Dr Francis M Deng is the placed persons I visit what messages community, has proven to be a construc- Representative of the UN Secretary- they would want me to take back to tive and effective basis for dialogue with General on Internally Displaced their leaders. In one Latin American governments. The real question, howev- Persons and Co-Director of the country, the response I got was: "Those er, is whether governments, in Brookings-SAIS Project on Internal are not our leaders. In fact, to them, we partnership with the international com- Displacement. are criminals and our only crime is that munity, are effectively addressing the we are poor." In a Central Asian country, crisis of internal displacement and meet- Brookings-SAIS Project on Internal the response was: "We have no leaders ing the needs of the affected Displacement, The Brookings there. None of our people is there." In an populations. Institution, 1775 Massachusetts Ave African country, a senior UN official NW, Washington DC 20036, USA. explained to the Prime Minister that The international community and the Website: www.brook.edu/fp/ their resource capacity to assist refugees governments concerned have indeed projects/idp/idp.htm in the country was constrained by the made significant progress in responding Email: [email protected] need to assist "your people", the inter- to the crisis. It is, however, tragically Tel: +1 202 797 6145. nally displaced and other war-affected obvious that the problem remains acute Fax: +1 202 797 6003. communities. The Prime Minister’s in magnitude and scope. The challenge response was, "Those are not my people. that the normative principle of sover- In fact, the food you give those people is eignty as responsibility poses for the killing my soldiers." international community is that it implies accountability. Obviously, the While not all governments view their dis- internally displaced themselves – mar- placed populations in the same way, it is ginalised, excluded, often persecuted – true that the opposite is a rare excep- have limited or no capacity to hold their