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Ten Years of the Guiding Principles on Internal Displacement

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Ten Years of the Guiding Principles on Internal Displacement Ten Years of the Guiding Principles on Internal Displacement December 2008 BROOKINGS Forced Migration Review FMR – GP10 Forced Migration Review (FMR) provides Elliott Steve a forum for the regular exchange of practical experience, information and ideas between researchers, refugees and internally displaced people, and those who work with them. It is published in English, Arabic, Spanish from the editors and French by the Refugee Studies The international conference on the Ten Years of the Guiding Principles on Internal Centre, University of Oxford. FMR was Displacement (‘GP10’) – held in Oslo, 16-17 October 2008 – assessed the accomplishments launched in 1998 in partnership with and shortcomings of the Guiding Principles since their launch in 1998. It also sought to the Norwegian Refugee Council. generate increased political will to incorporate the GPs into national, regional and global frameworks and to encourage progress towards their practical implementation. Editors Marion Couldrey & Maurice Herson 7KLVVSHFLDOLVVXHRI)05UHÁHFWVGLVFXVVLRQVDWWKHFRQIHUHQFHZLWKVKRUWHQHGYHUVLRQVRI some of the conference presentations, and also includes a selection of other articles, most of Assistant Editor (Arabic edition) which present case studies on the application of the Guiding Principles in different countries. Unfortunately, the number of IDP groups around the world is too great for us to acknowledge Musab Hayatli them all in this 40-page issue but we hope that the articles presented here will be relevant and useful in other settings as well. Coordinator Heidi El-Megrisi We would like to thank Khalid Koser (formerly of the Brookings-Bern Project on Internal Displacement) and Christophe Beau (NRC/IDMC) for their invaluable assistance in preparing Assistant this special issue, as well as all contributors. The English edition is online at http://www. Sharon Ellis fmreview.org/GuidingPrinciples10.htm It will also be published in Arabic, French and Spanish. Best wishes Forced Migration Review Marion Couldrey & Maurice Herson Refugee Studies Centre Editors, Forced Migration Review Oxford Department of International Development, University of Oxford, 0DQVÀHOG5RDG2[IRUG2;7%8. This special issue has been produced with the support of NRC/IDMC, the Norwegian Ministry Email: IPU#THKR[DFXN of Foreign Affairs and the Brookings-Bern Project on Internal Displacement. Tel: +44 (0)1865 280700 Fax: +44 (0)1865 270721 Skype: fmreview Contents Foreword Uganda’s response to displacement: ZZZIPUHYLHZRUg John Holmes 3 contrasting policy and practice Ruth Mukwana and Katinka Ridderbos 21 Copyright and disclaimer The genesis and the challenges 2SLQLRQVLQ)05GRQRWQHFHVVDULO\UHÁHFW Roberta Cohen and Francis M Deng 4 Guiding Principle 29 and the right the views of the Editors, the Refugee Achievements, challenges and to restitution Studies Centre or the University of recommendations Rhodri C Williams 23 Oxford. Any FMR print or online material Summary of outcomes of the GP10 may be freely reproduced, provided that Obstacles to realising acknowledgement is given to the source Conference 6 Guiding Principle 29 in Afghanistan and, where possible, the FMR URL and/or Developments in the legal WKHDUWLFOHVSHFLÀF85/ Megan Bradley 24 protection of IDPs Cordula Droege 8 6HHNLQJHOHFWRUDOHTXDOLW\IRU,'3YRWHUV Editing assistance Jeremy Grace and Jeff Fischer 26 Assessing the impact of the Principles: Tim Morris (www.timmorris.info) DQXQÀQLVKHGWDVN Time to apply the Guiding Principles Elizabeth Ferris 10 in Nepal Designed by Shiva K Dhungana 27 Art24 www.art-24.co.uk The Guiding Principles and the Responsibility to Protect Returnees in Sierra Leone Printed by Erin Mooney 11 Claudena Skran 29 Image Production Achievements and limitations of the Guiding Principle 27 and Philippine www.imageproduction.co.uk Guiding Principles in Burma typhoon response ,62FHUWLÀHG Thailand Burma Border Consortium 14 Sara McHattie 30 ISSN 1460-9819 Protecting IDPs in Europe Internal displacement in the Central Corien Jonker 15 Front cover photo: African Republic Internally displaced Congolese women Experience of the Guiding Principles Laura Perez 31 wait during a food distribution in Kibati, in Georgia just outside the eastern provincial capital Iulia Kharashvili, Ilya Kharashvili UNHCR and the Guiding Principles of Goma, DRC. IRIN/Les Neuhaus and Koba Subeliani 16 Khassim Diagne and Hannah Entwisle 33 Africa: from voluntary principles Training to strengthen protection to binding standards of IDP rights Brigitta Jaksa and Jeremy Smith 18 Kim Mancini Beck 36 &DQWKH*XLGLQJ3ULQFLSOHVPDNH The future of the Guiding Principles a difference in Kenya? Walter Kälin 38 Jacqueline Klopp and Nuur Mohamud Sheekh 19 Sources and resources 40 FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 3 Foreword John Holmes ,QWHUQDOGLVSODFHPHQWUHPDLQVRQHRIWKHPRVWVLJQLÀFDQW the international community to challenges facing the humanitarian community. ȱȱȱȱȱ ȱȱ ȱǯȱ Twenty-six million people are ȱ¢ȱȱ¢ȱȱȱ displaced within their countries due ȱȱȱ¢Ȭ John Holmes is the UN Under- ȱȱĚDzȱ¢ȱȱȱ ȱȱ ¢ȱȱ Secretary-General for Humanitarian displaced as a result of natural and ǰȱȱȱǰȱȱȱ ěȱȱ¢ȱȱ human-made disasters and these ȱ¢ȱȱǰȱ ȱǻǼǯȱȱȱȬ numbers seem certain to increase as a ȱȱ·ȱȱȱǰȱ ȱȱ ȱȱȱȓǯ ȱȱȱěȱȱȱǯ1 ȱȱȱȱ ǯ ŗǯȱȱȂȱȱȱȱȱȱ ȱȱȱĴDZȦȦ ǯ ǯȦ Eldoret IDP Internally displaced persons (IDPs) ȱȱȱȱȱȱ ȱ ǯ camp, Kenya. ȱȱ¢ȱęȱȱ ȱȱǰȱ ŘǯȱĴDZȦȦ ǯǯȦ January 2008. ȱȱȱȱȱ ȱȱȱȱ Ğȱ¢ȱǯȱ¢ȱ ȱ ¢ȱȱȱȱ may lose their property and access ǯȱȱ ȱ ȱDzȱ¢ȱȱȱȱȱ ȱȱ ȱȱȱȱ¢ȱ become the accepted Dzȱ¢ȱ¢ȱȱȱ international standard ȱ¢ȱȱȱDzȱ ȱ Dzȱȱȱ ¢ȱĞȱȱ¢ȱǰȱ ȱ ȱȱȱȱ ȱȱȱĜȱȱȱȱ incorporated them into ȱȱȱȱȱ ȱDzȱ ȱȱ¡ȱȱȱ ȱ¢ȱȱȱ ǯȱ¢ȱȱȱĞȱȱ ȱȱȱ ȱȱȱȱȱȱ humanitarian and ¢ȱȱȮȱȱĚȱȱȱȱ ȱȱȱ ȱȱ¡ȱȱȬȱ – both nationally and ȱȱ ȱĴǯȱȱȱ internationally – in Ĝȱ¢ȱȱǰȱ ȱ ȱȱ ǰȱȱȱȱȱ¢ȱ ǯȱȱ ǰȱȱȱȱȱȱ ¢ǰȱ¢ȱ ǰȱȱȱȱǯ ȱȱ ȱ ȱȱ ȱȱȱȱȱȱȱ ȱȱȱǯȱ ȱȱĚǰȱȱȱȱ ĞȱȱȱȱȱĜȱ ȱȱȱȱȱȱ ǯȱ¢¢ǰȱȱȱǰȱ ¢ȱȱǯȱȱȱ ȱȱȱĴȱȱ ěȱ¢ȱȱ ȱȱȱ ȱȱȱȱ displacement still do ȱȱȱǯȱ ȱĞȱ ȱȱȱ ȱȱĴȱȱȱȱȱ laws or policies on a period of time to allow them to Dzȱ¢ȱ ȱȱ ȱȱȱȱ¢ȱȱ still unaware of their ¢ǰȱ ȱ¢ȱȱȱ Dzȱȱȱȱ ȱȱ ȱ¢ȱ ȱȱȱȱ numerous obstacles ȱȱĞȱ ȱȱȱǯ ȱȱǯȱ ȱ therefore welcome the ȱȱȱȱȱ ȱȱȱ ¢ȱěȱ the protection of IDPs is based on ¢ȱȱȱ ȱ ȱȱǯȱ ȱȱ ȱȱ¡ǰȱ not only underpin humanitarian ȱǰȱ¢ȱ action in protection of IDPs but also ȱȱȱȱ ȱȱȱȱ¢ȱ ȱǯȱȱ ȱȱ ǯȱȱ ȱȱ ȱȱȱ on Internal Displacement2 clearly to assume their ȱȱȱȱȱ ȱȱ responsibilities ȱȱȱȱ ȱȱ ȱ ȱǯȱȱȱ Principles and on Yazdi Pedram 4 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10 The genesis and the challenges Roberta Cohen and Francis M Deng The need for international standards to protect and ȱ ȱȱȱȱ assist internally displaced persons arose directly ȱ¢ȱȱȱȱǯȱȱ from the explosion of civil wars in the last decade of ǰȱȱȱ¢ȱȱ ȱȱȱȱ the 20th century that left tens of millions uprooted ȱȱȱȱȱ ǯȱ within the borders of their own countries. ȱȱ ȱȱȱȱ ȱ ȱȱ¢ȱ ȱŗşśŗȱȱȱȱȱ ȱȱȱȱȱ ȱȱȱȱȱ ¢ȱȱ¢ȱȱǯȱ ȱȱǰȱ ȱ ȱȱǰȱȱ ȱ¢ȱȱȱ ǰȱǰȱȱ ȱ ȱęȱ ȱǯ ȱȱ Ȭȱȱ¢ȱȱ ǰȱ ȱȱǯȱ ȱȱ ȱȱȱ ¢ȱȱȱȱ ȱȱ ¢ȱȱȱȱ ȱȱ ȱȱȱ ȱ ȱȱȱȱ ȱ ȱȱȱȱȱȱȱ ȱȱȱǯȱȱȱ ȱȱȱȱȱȱ their content as to the process ȱȱȱ ȱ ȱȱȱȱǰȱȱȱȱ ¢ȱ ȱ¢ȱ ȱǯȱ ȱȱȱȱȱ ȱ ǰȱ ȱȮȱȱȱȮȱ ȱȱęȱǰȱȱ ȱ¢ȱ ȱȱȱ ȱ ȱȱȱȱǯȱ experts outside the traditional ȱȱȱǯȱ¢ȱȱ ȱȱĞǰȱ ȱȱȱȱȱ ȱȱȱȱȱȱ ȱȱȱȱȱ ȱȱ ȱęȱȱ the most appropriate approach ȱȱǯȱĞ¢ȱ ȱȱ ȱȱȱȱ ȱȱȱ ǯȱȱ independent international experts ȱȱ ȱǯȱ ¢ȱȱȱȱȁȬȂȱ ęȱȱ ȱȱȱ approach – to identify IDP needs ȱȱȱȱȱ¢ȱ ȱȱȱȱ ȱ ȱȱ¡ȱ ȱȱ ǰȱ ȱȱǰȱȱȱ ȱ ȱȱȱȱȱȱȱ ȱ¢ȱ ȱȱ ȱȂȱȱǯȱ ȱȱ¢ȱȱȱȱ ǰȱ ȱȱǯȱ ȱȱȱȱ ȱ¢Ȭ ȱȱ ¢ȱ ǰȱ¢ȱǰȱȱ ȱȱȱȱȱȱŗşşŞǯȱ ȱǰȱȱǰȱ ȱȱȱȱȁȬȂȱ ȱȱȱȱ ȱȮȱȱȱ¡¢ȱȱȱ ȱȱĞǰȱȱȱȱ ŗşşŘǯȱȱȱ ȱȱ law1ȱȱȱ ȱȱ ȱǯȱ ȱȱȱȱȮȱȱ ȱȱDZ Walter Kälin2ȱȱȱǰȱ ¢ȱ¢ǰȱȱȱ ȱȮȱȱ ¢ȱȱȱ ȱȱ ȱȱȱȱȱȱ N ȱ ȱȱȱȱ ȱȱȱȱȱ ȱȱȱȱ ȱȱ ȱ ¢ȱȱȱ ¡ǯȱȱȱȁȱ ȱ¢ȱȬȱ ȱȱȱ¢ ȱ¢ȱȱȱȂȱ ȱ ȱȱȱǯȱȱ was presented in two parts by the ȱȱȱȱȱǰȱ N ȱȱȱ ȱȱȱȱ ȱ ȱȱȱȱȱ standards were based on a concept ȱ ȱȱȱŗşşŜȱȱŗşşŞǯȱ ȱǰȱȱȱŘŖŖŗǰȱ¢ȱ that would promote consensus ȱȱȱ ȱȱȱ ȱȱȱȱ ȱȱȱ ȱȱȱȱ N ȱȱȱ ȱ ȱ ȱȱȱȱǰȱȱ and expressed support for the ȱȱȱȱ ȱȱ ȱȱȱĜȱ ǯȱ ȱǰȱ¢ȱ ȱ ¢ȱ¢ȱȱȱȱ ǯȱȱ ȱȱ ȱȱȱ¡ȱȱ ȱ¢ȱȱ ȱȱ ȱȱȱǯȱǰȱ had not created new law but mostly ȱȱȱȱȱȱ ȱ ȱȱȱȱȱ¢ȱ compiled and restated what had ȱȱǯȱ ȱ¢ȱȱȱ¢ȱ ¢ȱȱȱȱȱ ȱȱ¢ȱǯȱ ȱ¢ȱǯȱ¢ȱȱ ȱ ȱȱȱ¢ȱȱȱ ǰȱ¢ȱȱȱȱ Ěȱ¢ȱȱ¢ȱȱ form of responsibility became ǰȱ ȱȱȱ ȱ ȱȱ ȱȱŝŝȱȮȱȱȱȱ ȱȱȱȱȱ ȱ¢ǯȱǰȱĜȱ ȱ3ȱȮȱ ȱ¢ȱ ȱȱ ȱȱǯȱȱ international law already existed to ȱȱȱȱȱȱȱ ȱ ǯȱȱ ȱȱ ȱ ȱȱȱ ȱȱ ȱ ȱǰȱ¢ȱȱ a restatement of the law tailored ȱȱȱǯ ȱěǰȱȱȱ ȱȱ¡ȱȱȱ ǯ ȱȱȱȱȱȱ ·ȱȱȱǰȱȱȱ ȱȱȱȱ ȱȱęȱ ȱ ȱȱ ȱ¢Ȭ ȱȱ ǯȱȱȱȱȱȱȱ ȱǯȱȱǰȱ ȱ ȱ ȱěǰȱȱȱȱ ȱȱȱȱ ¡¢ȱȱȱ¢ȱ ȱȱȱȱȱ precedents abound in international ĚȱȱȱȮȱȱ ȱȱȱȱ ȱ FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 5 ȱȱȱȱ Ȭ¢ȱ ȱȱ ȱ ȱȱȬǰȱȱ ȱĴȱǻ ǼȱȮȱȱ ȱȱȱȱ ǯȱ ȱǻȓǯǼǰȱ ȱȱȱ ¢ȱȱȱȬ¢ȱ ¢Ȭ Ȃȱȱ coordination of humanitarian From a process initiated barely ȱ ¢ȱȱȱ assistance4 – to welcome the ȱ¢ȱǰȱȱ ȱ from 1992 to 2004 and is now Special ǯȱȱ ȱȱ ȱȱȱȱęȱȱȱ ȱȱȱȱ¢Ȭ ȱ them widely and applied them in ȱȱȱȱȱ ȱȱȱȱ ǯȱ ȱęǯȱȱȱȱ ¢ȱȱȱǯȱȱ ŗǯȱȁ ȱ Ȃȱȱȱȱȱ¢ȱ ¢ȱȱȱ 5 on Internal Displacement ȱ ȱ ȱ¢ȱȱȱȱȱȱȱ ȱǰȱȱȱ ȱȱǻȓǯ ȱ ȱȱĴȱȱȱȱȱ ǯ ȱ¢ȱȱȱ eduǼȱȱȱȱȱȱȱ Řǯȱȱ §ȱȱȱȱȱȱȱ ȱ ȱȱȱȱ ȱȱȱ ȱ ¢Ȭ ȱȱȱ ȱȱȱ ¢ȱ ȱȱǯȱ ȱŘŖŖśǰȱȱ Displacement, which she co-founded ȱȱȱŘŖŖŚǯȱ řǯȱĴDZȦȦ ǯŝŝǯȦ ȱŗşŖȱȱȱȱȱ and co-directed for 12 years, and ŚǯȱĴDZȦȦ ǯǯȦȦ Ŝ ȱȱȱȱ ȱ ȱȱǰ śǯȱĴDZȦȦ ǯǯȦȦǯ¡ ȱę¢ȱȱ ¢Ȃȱ ȱȱȱ ŜǯȱĴDZȦȦ ǯǯȦŘŖŖśȦȦȏǯ ȱ ȱȱȱȱ ¢ȱȱ ȱǯȱ Commitments to the protection of IDPs ȱȱȱȱȱ displaced persons, namely in all The acronym ‘IDP’ gives the ȱȱȱȱ the dimensions of protection. merest idea of the grim realities ȱȱȁ ȱȱ António Guterres that confront us in many parts of – commitment to the protection the world today. In August alone ȱ Ȃǯȱȱȱ ȱȱ … the Guiding Principles have indeed [2008], more than half a million ȱȱȱȱ provided a useful framework to people have been driven out of their àȱ ǰȱȱ¢Ȭ guide the responses of governments, homes as a result of three renewed ȱȱ ȱěȱ humanitarians and other actors FRQÁLFWVLQ*HRUJLDLQDUHDVRQ ȱ¢ȱȱȱ in natural disasters.
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