UNHCR Best Practices in a Global Context

Introduction ...... 1 Background ...... 1 The Focus...... 1 The Strategy...... 2 Measuring Impact...... 2 The IDP Framework: Structure and Best Practices...... 4 Providing Advisory Support to Existing Institutions...... 4 Developing New Institutional Spaces...... 7 Strengthening State Institutions by Financing Internal Units/Positions to Deal with IDPs...... 9 Creating or Supporting Direct Protection and Assistance Mechanisms...... 11 Operational Best Practices...... 13 Conclusion ...... 15 Introduction

Background 1 For over 40 years Colombia has suffered from a large-scale and complex internal armed conflict involving the State, paramilitary groups, and two main guerrilla groups. As a result of the conflict, approximately 3 million people have displaced internally,1 creating the world’s second-largest population. The conflict has impacted neighbouring countries. Approximately 60,000 Colombians in need of international protection currently live in Ecuador’s northern provinces, for example, and it is estimated that up to 200,000 Colombians may have fled to Ecuador to escape the conflict. In addition 200,000 Colombians are believed to have fled to , with 20,000 fleeing to both and , and approximately 17,000 escaping to Brazil. Almost 80,000 Colombian are recognized as worldwide, making it the primary country of origin for refugees from the Americas. 2 UNHCR’s involvement in Colombia began in 1997, when the office advised the Colombian Government (GOC) on the drafting of legislation to protect the country’s IDP population. The resulting law (Law 387 of 1997, or the “Law of IDP Rights”) is considered the most advanced IDP legislation in the world, and incorporates substantial International Law (by analogy) as well as and International Humanitarian Law provisions. 3 In 1999, following implementation of Law 387, UNHCR signed a Memorandum of Intent (MOI) with the Colombian Government, establishing UNHCR Colombia’s mandate to strengthen national prevention and protection mechanisms.2 Since that time, UNHCR Colombia (UNHCR) has grown steadily from a one-office operation with a staff of 8 and a budget of $200,000 USD, to a 12-office operation headquartered in Bogotá, with 123 staff members (including UNVs) 3 and a budget of over $18,000,000 USD.

The Focus 4 UNHCR Colombia’s primary focus is the internal displacement crisis; mandate activities for refugees represent a small percentage of the budget and the workload, largely reflecting Colombia’s status as a country of origin, rather than reception, for refugees. UNHCR’s protection strategy is based in the Guiding Principles on Internal Displacement, as well as Colombian Constitutional Court decisions on IDP rights, all of which declare unequivocally that the State has the primary responsibility for attending to internal displacement and that where possible, other actors, including UNHCR, should complement State efforts rather than replace them.4 5 Consequently, UNHCR’s operational strategy emphasizes projects that promote an effective State response to displacement. UNHCR Colombia’s 2008 budget represents less than 4% of the Colombian government’s annual budget for addressing displacement issues, and its staff represents a small fraction of the thousands of Colombian government employees charged, in whole or in part, with IDP issues. Practically, UNHCR has been able to provide more

1 According to the Constitutional Court of Colombia, there is a discrepancy between the real number of displaced people and the number given by the national registration system (2.2 million). The Court cites the Director of the Agencia Presidencial para la Acción Social y la Cooperación Internacional who acknowledged that the number of IDPs in Colombia is close to three million (Order of Compliance 218, dated 11 August 2006, related to the landmark Judgment T-025). 2 UNHCR Colombia also covers Core Mandate-related activities, but they represent a small portion of the country operation. 3 As of February, 2008. 4 The Colombian government created a public institution in 2005 called Acción Social, or Social Action, which represents the State’s primary mechanism for organizing and facilitating its response to the displacement crisis. Consequently, Social Action and UNHCR have worked closely together since its creation.

UNHCR Colombia - Best Practices in a Global Context 1 assistance to the population overall through macro-level initiatives with the government than it ever could through a direct assistance strategy. With regard to refugee activities, UNHCR works extensively on providing information as a primary country of origin for refugees, and participates in the Plan of Action (MPA), “a regional strategic and operational framework, developed to address the complex humanitarian situation resulting from in Latin America.”5

The Strategy 6 UNHCR has constructed an IDP framework along three strategic lines: • Promoting and updating the legal protection framework, and realizing a more effective State response to displacement and the improved implementation of IDP public policies which reflect age, gender, and diversity mainstreaming strategies. • Empowering civil society through capacity building, direct assistance, and improving the participation of women, youth, ethnic authorities, the elderly, and the disabled in the design and monitoring of public policies; and • Strengthening the State’s capacity to monitor the displacement phenomenon and its response. All activities carried out by UNHCR in relation to displacement reflect one of these strategic goals,6 and are pursued through Programs/Projects; Public Information; and Field Presence. 7 The Mexico Plan of Action (MPA) has also inspired a regional approach to the “Colombia situation” that promotes a comprehensive framework for addressing the impact of the humanitarian crisis both inside and outside Colombia. UNHCR has applied the MPA throughout its operation. 8 Prioritizing the creation of “Cities of Solidarity” has led UNHCR to open field offices in primary IDP receptor zones, in the hope that facilitating local integration of IDPs will also ameliorate the causes of secondary refugee and IDP flows. UNHCR has also developed a strong field presence in border areas in order to create “Borders of Solidarity.” The conflict traditionally impacts the Colombian border, which lacks institutional presence and is heavily populated by vulnerable populations such as indigenous groups and Afro-Colombians communities. By establishing a field presence, UNHCR has been able to promote State civilian presence and activities, monitor country of origin conditions and refoulement, carry out protection projects aimed at reducing the local population’s risk of displacement, and alert neighbouring countries to any likely cross-border displacements. 9 UNHCR has thus responded to the call of the MPA by designing a comprehensive strategy that emphasizes prevention as well as protection, and that balances its attempts to improve State displacement response mechanisms with its responsibility to continue providing Country of Origin Information that details the numerous dangers Colombians still face in the wake of the armed conflict.

Measuring Impact 10 Specific UNHCR projects geared towards direct IDP protection have had a measurable impact in qualitative and quantitative terms.7 UNHCR’s agreement with the Colombian Government, however, has required an IDP strategy that focuses heavily on macro-level initiatives which emphasize the development of normative frameworks and institutional structures. The impact of these initiatives is not always easy to measure in quantitative terms,

5 UNHCR, Mexico Plan of Action: The Impact of Regional Solidarity (2007) at 11. 6 For more information on these strategic lines, please contact UNHCR in Bogotá. 7 Specific results are included below in descriptions of individual projects.

UNHCR Colombia - Best Practices in a Global Context 2 but can be measured by the capacity of State to respond to displacement, the quality of national IDP laws and policies and the fact that national entities continue to lead the response to internal displacement. However, for 2008, UNHCR has designed a set of 14 key indicators that will allow it to better assess whether operational targets are being met.

Key targets for UNHCR in Colombia in 2008 1. Population of concern directly assisted by UNHCR and its partners increases from 350,000 to 470,000 2. The amount of resources allocated by the Colombian state to displacement issues increases by 20% from 2007 3. 50% of the provinces and districts most affected by displacement have in place integrated action plans for displacement (PIUs) 4. 100,000 Colombians who are displaced or in risk of displacement are issued with a national identification document 5. 100,000 hectares of land belonging to some 80,000 families that are displaced or persons in risk of displacement are protected 6. 50,000 displaced children are integrated into the education system 7. Policies on integrating displaced children, youth, elderly and disabled persons into government programming are adopted by four government ministries 8. Policies to protect displaced and at risk indigenous and afro Colombian communities are adopted by at least five relevant authorities 9. 1,000 members of the Armed Forces are trained by UNHCR on their protection role in key regions for prevention of displacement and protection of IDPs 10. UNHCR is present directly or indirectly in the 50 districts most impacted by displacement in the country 11. Evaluation of at least three major national projects takes place 12. Decentralized programming is piloted in SO Medellín for Antioquia and Chocó provinces 13. IASC Protection Groups are operational in at least six regions severely affected by forced displacement and operational partnerships established with at least five UN agencies 14. At least two new bi-national initiatives commence in border areas under the framework of the Mexico Plan of Action

Replicating Best Practices in Colombia within other IDP settings 11 Some UNHCR Colombia best practices – particularly those with a direct protection focus - may be transferable to other IDP situations. However, macro-level initiatives can be develo p ed in Colombia, thanks to: • a State infrastructure that may be lacking in other countries with large IDP populations. • a clearly stated national commitment to address the IDP issue. • the space provided to UNHCR and the UNCT by the Colombian authorities to operate in Colombia. 12 While Colombia does present some of the indicators of a developing country,8 it stands in contrast to most other states with large-scale IDP crises in terms of its national economy, infrastructure, and stability. This table demonstrates the economic disparity between Colombia and other States with large IDP populations. 9

8 For example, residents of many rural areas live in absolute poverty; tremendous gaps still exist between urban and rural areas in terms of State presence and assistance, and infrastructure and economic development outside of major urban centers is lacking. 9 Iraq is not listed in these rankings because it is not currently included in the UNDP indices.

UNHCR Colombia - Best Practices in a Global Context 3 Rank, UNDP Human Rank among Dev. Countries, GDP1 Country Dev. Index UNDP Human Poverty Index Rank (Millions USD) Colombia 74 14 40 135,836 Sri Lanka 99 44 76 26,967 Sudan 147 69 66 37,565 Uganda 154 72 107 9,322 DRC 168 88 113 8,543

13 Colombia enjoys a growing economy, a stable and democratic government, an independent and influential judiciary, and a highly advanced legal framework that includes a progressive and respected Constitution. UNHCR’s strategy in Colombia was developed in order to maximize the efficacy of an existing and relatively strong national government infrastructure. Consequently, some of the best practices presented here may not be immediately relevant to IDP situations in less-developed countries. These practices still represent, however, a long- term approach aimed to strengthen the national authorities’ capacity to position themselves as the primary actors responsible for the protection of and assistance to IDPs.

The IDP Framework: Structure and Best Practices 14 Within Colombia, UNHCR traditionally presents its best practices according to the three strategic lines and operational mechanisms that were presented above in the “Strategy” section. This approach has been carefully crafted and cultivated by UNHCR because it represents a profoundly nuanced response to Colombia’s unique IDP crisis. 15 This document has as its focus the potential export of UNHCR best practices to other IDP crises around the globe. This document will present best practices from UNHCR’s IDP operation according to the level of State infrastructure they have required. This can generally be broken down into four approaches: • Providing advisory support to existing State institutions; • Developing new institutional spaces; • Strengthening State institutions by financing internal units/positions dealing with IDPs • Creating and/or supporting direct protection and assistance mechanisms where the State does not provide services. Each of these approaches will be explained in greater detail in this section, as will UNHCR’s best practices for each approach.

Providing Advisory Support to Existing Institutions 16 In general, best practices in this category strive for “macro-level” impact and require a defined State government, a strong and stable national infrastructure, high-level commitment to addressing an IDP crisis, and an established partnership between UNHCR and the primary authority in charge of IDP affairs, Social Action, which responds directly to the President of the Republic. 17 One key advantage to this category of best practice is that it systematically places responsibility on the State to be the primary actor in responding to its IDP crisis. By leveraging UNHCR’s expertise in dealing with IDP crises, such practices also maximize overall impact on IDPs while minimizing operational costs. Finally, serving in an advisory capacity ensures UNHCR’s central role in ensuring and enforcing IDP rights, while respecting State sovereignty. 18 One disadvantage lies in an inability, as noted above, to measure quantitative impact. Even where an advisory role creates profound change, results may be hard to measure because

UNHCR Colombia - Best Practices in a Global Context 4 they will be reflected through high-level policy and/or structural shifts that may require years to produce direct results. For institutions and donors used to judging success through quantitative measurements, large expenditures that produce qualitative successes can be underwhelming and may need to be explained. Best Practices 19 EVALUATION OF PUBLIC POLICY RELATING TO INTERNAL DISPLACEMENT (EL BALANCE) — Every two years, UNHCR releases its extensive Evaluation of Public Policy Relating to Internal Displacement (Evaluation). The document has three primary objectives: 1) to be clear and comprehensible for all actors – IDP organizations, academics, NGOs, IGO’s, etc - who strive to improve the overall response to displacement; 2) to become a common reference point for all of these actors; and 3) to promote the Evaluation as a reference tool for the formulation of public policies related to displacement. 20 The 2002-2004 edition of the Evaluation became a primary reference point for all actors involved in displacement, including the Constitutional Court, which referred to it extensively while drafting Sentence T-025 of 2004, Colombia’s landmark decision on IDP rights. In August, 2007, UNHCR released the Evaluation for January, 2004 – March, 2007. Its comprehensive analysis of Colombia’s displacement public policies clarifies the State’s attempts to overcome the “unconstitutional state of affairs [regarding the displacement crisis]” that the Constitutional Court declared in 2004.10 21 The bi-annual Evaluation has proved to be a valuable tool for improving the internal displacement legal framework, formulating public policies, and empowering IDP organizations. By creating a common reference point within public policy debate, 11 UNHCR has ensured an important role in shaping that debate and in defining the minimum baselines that will represent an effective policy implementation.12 Moreover, it has retained its key role as an interlocutor among different actors by balancing criticism expressed in the Evaluation with appropriate recognition of improvements. 22 SUPPORT TO THE CONSTITUTIONAL COURT – Since 2003, UNHCR Colombia has been one of the Constitutional Court’s primary sources for advisory assistance. The Constitutional Court has made over 85 decisions on internal displacement since 1997, and particularly since 2004, has been the key driver behind State response to displacement. The Court gives detailed judgments which contain practical, feasible orders to State institutions as to how they must monitor and close the gap between the legislative framework and its implementation. The recent increase in the State’s budget for displacement issues is attributable the Court’s holdings.13 UNHCR’s support of the Court has consequently been one of its most effective means of leveraging minimal resources in order to achieve maximum effect. 23 DEVELOPING COMPREHENSIVE LOCAL DURABLE SOLUTIONS PLANS (PIUS) – UNHCR assists departmental and municipal authorities with drafting Comprehensive Local Durable Solutions Plans (PIUs for their initials in Spanish). These Plans: 1) organize all local spending on displacement, including funds from local, national, and international

10 These time periods reflect a profound shift in State attention to displacement. The State budget for attention to displacement was 5.2 times larger in 2004-07 than it was from 2000-03. 11 It should be noted, though, that broad adoption of Evaluation viewpoints and recommendations outside the UN system did not guarantee consensus within the UN system; significant differences in opinion about how best to protect IDPs rights continued to divide UN agencies in Colombia and impact on inter-agency cooperation. 12 Such baselines are generally referred to as “indicadores” within the Colombian dialogue, although the concept does not translate easily into English. 13 For 2006-2010, the Colombian government has allocated a total of US $2.5 billion, averaging approximately $500 million per year, to meet the needs of the displaced population.

UNHCR Colombia - Best Practices in a Global Context 5 donors; 2) integrate all institutional responses to a local displacement; and 3) establish comprehensive displacement responses that cover everything from protection and prevention to contingency planning, humanitarian assistance, and socio-economic reestablishment. 24 The PIUs began as a recommendation by the Joint Technical Unit (see below) to departmental and municipal authorities and have evolved into a requirement of the National Plan for IDPs that is monitored by the Ministry of the Interior. UNHCR encourages local authorities to convert PIUs into local legislation,14 giving IDP organizations legal standing to enforce their rights. 25 GUIDELINES FOR THE PROTECTION OF IDP WOMEN, OF DIFFERENT AGES AND BACKGROUNDS– In 2007, UNHCR in coordination with national institutions, the UN system and the active participation of IDP women and organization, finalized and approved IDP- specific protection guidelines for women. These were constructed and shared with relevant State institutions, local organizations and persons of concern to UNHCR. These participatory guidelines have proven key to allowing UNHCR to advocate for the incorporation of a differential focus into the PIUs (described above) and other State response mechanisms, and to guide local governments in their incorporation efforts. The guidelines place special emphasis on SGBV issues and will be put in practice locally in 2008, through PIU's, pilot projects supported by participatory assessments and concrete Action Plans through the creation of Multifunctional Teams. 26 Guidelines for Protection of women at risk and displaced children, youth, elderly, ethnic groups and persons with disabilities have been designed and in 2008 they will be finalized and implemented as well. 27 OUTREACH EFFORTS WITH THE ARMED FORCES – Since 2000, UNHCR has developed various outreach efforts with the Armed Forces. Cultivating an on-going dialogue with the Armed Forces has allowed UNHCR to advocate effectively for increased awareness and protection of IDPs, because it has allowed UNHCR to help identify concrete ways in which the military’s policies could best respect, protect, and promote IDP rights. These efforts have resulted in the development of internal Armed Forces directives regarding attention to displacement and IDP rights protection, and the distribution of a pocket guide for soldiers that demonstrates how to interact with IDPs in clear, user-friendly terms. 28 In 2008, UNHCR will extend its efforts, and conduct approximately 50 workshops with around 3000 members of the Colombian Armed Forces. The workshops are conducted directly by UNHCR staff at large military bases with very high level officials, as well as in combat zones with front-line soldiers. Workshops include videos and a case study, and will introduce many Armed Forces members to UNHCR, and to the theme of IDPs and IDP rights under national and (including, obviously, international humanitarian law). They will also introduce participants to the protection and prevention role the Armed Forces should play, including not putting IDP communities in a risky situation. This effort should result in increased dissemination of humanitarian protection. In addition, by clarifying for the armed forces that UNHCR is an independent, humanitarian organization, the security and capacity of UNHCR workers to provide aid in conflict areas should be increased.

14 So far, 2 of 32 departments in Colombia have passed local legislation based on their PIUs.

UNHCR Colombia - Best Practices in a Global Context 6 Developing New Institutional Spaces 29 Where existing State institutions cannot or have not fulfilled an important mandate, UNHCR assisted in creating new institutional structures outside of existing State institutions. Like the best practices listed above, this category requires pre-existing institutional capacity; it is meant to support State efforts to respond to displacement, rather than replace the State as the primary responder. This approach can produce significant benefits, but may present some coordinating risks, as well. 30 New units generally take the form of a joint partnership between the Colombian government and UNHCR. Criticisms and suggestions that emerge from these units are thus perceived, at least in part, as the product of internal government reflection, rather than simply “external” opinions. This increases their impact. In addition, the Government receives a clear benefit from UNHCR in the form of a financial contribution that helps the State respond effectively to displacements; this can build trust and reassure the Government about UNHCR’s respect for its efforts. Moreover, new units can be jointly designed to be politically independent from all existing actors, creating an invaluable space for dialogue among actors that would not be possible without an objective mediator and coordinator. 31 New units can also create friction and obstruct dialogue unless they are geared specifically towards filling gaps in existing institutional capacity. Government agencies may react defensively, for example, if a new unit is perceived to be interfering with an existing agency’s mandate. In addition, even where units are designed to be independent of existing actors, they may develop institutional loyalties which will diminish their ability to be objective interlocutors. If that happens, UNHCR can find itself compromised between the need to be an effective mediator between governments and civil society, and the need to defend its own political position. Finally, where UNHCR agrees to fund a new unit, support for that unit may be interpreted as support for its institutional line, even when UNHCR disagrees with the unit’s findings or approach. Best Practices 32 JOINT TECHNICAL UNIT (UNIDAD TÉCNICA CONJUNTA, OR UTEC)15 – The Joint Technical Unit (JTU) was formed by UNHCR and Social Action (the government agency charged with IDP affairs) soon after UNHCR signed the 1999 MOI, and was tasked with drafting and implementing public policies on displacement. The JTU represented a new, independent unit, coordinated jointly by UNHCR and the Colombian Government. It was designed, in part, in the hope that establishing an objective mediator and facilitator would quell existing tension between civil society and the government and thus promote effective policy development. 33 In its initial stages, the JTU established a truly effective forum for the creation of high level policies. Multiple government decrees mandating IDP rights on such topics as land protection and housing, for example, resulted from the JTU’s efforts. Over time, however, the JTU has evolved from high-level policy-making body to an entity measuring the impact of State policies. 34 UNITS FOR ORIENTATION AND ASSISTANCE TO IDPS (UAOS) – UNHCR assisted the State, together with IOM and ICRC, in establishing Orientation and Assistance Units in order to provide a “one-stop shop” for IDPs seeking information and access to assistance. After massive displacements, IDPs generally have the opportunity to file a declaration of displacement as a group, and then receive emergency humanitarian assistance. In individual displacements, however, the majority of IDPs do not understand their rights or the assistance they can access; those who do understand quickly find themselves

15 All programs will be followed with their equivalent name/abbreviation in Spanish within the Colombia Operation.

UNHCR Colombia - Best Practices in a Global Context 7 overwhelmed by bureaucratic complications. IDPs arriving on the outskirts of big cities are vulnerable and are exposed to extreme poverty. In order to support and promote State response mechanisms and cover this defined protection need, UNHCR and its partners advocated strongly for UAOs and have assisted with their creation and development. 35 Currently, 33 UAOs operate throughout Colombia, in cities which traditionally have the highest number of IDPs. The UAOs bring together, into one physical space, representatives of Social Action as well as numerous other major government organizations tasked with IDP assistance. Ideally, one UAO allows IDPS to: seek and receive humanitarian assistance; give their displacement declaration; challenge refusals of their declaration; register themselves in training and/or education programs, and the subsidized health systems; obtain information about housing subsidies and opportunities for income generation; receive legal advice; and receive referrals to receive identity documents and exemption from military service. 36 Each UAO can technically administer to between 200 and 300 persons per week. In practice, however, the effectiveness of each UAO depends on the participation of key institutions, the quality of the UAOs physical space, their ability to respond to age, gender and diversity-specific vulnerabilities, and the willingness of Social Action to verify the displacement declarations submitted.16 UAOs can also be very difficult to coordinate because they involve so many different institutions. International organizations such as UNHCR, IOM, and ICRC have formed an inter-institutional committee to support UAOs in various locations and maximize the efficiency and impact of their efforts. 37 LAND PROTECTION PROJECT (TIERRAS) — The Land Protection Project is a key IDP prevention and protection initiative, jointly sponsored by UNHCR, the World Bank, IOM, SIDA,17 and the Colombian Government. Its initiatives with departmental and municipal authorities have resulted in the protection of more than 2.3 million hectares of land belonging to IDPs or communities at risk of displacement. 38 The Project identifies communities at risk of being displaced due to the strategic importance of their land to armed actors, and then advocates for registration of that land by bringing the situation to the attention of municipal and departmental “IDP attention” committees.18 These committees, in turn, work with the appropriate government agency to officially register the land. The Project provides these committees with operational tools and other support mechanisms, such as legal guidance, in order to ensure that land is duly registered even where a committee has traditionally lacked the will or the capacity to fulfill its duties. 39 The Project responds not only to the tremendous vulnerability of IDPs due to land’s strategic importance in the armed conflict, but also to the eventual return of IDPs and their need for durable solutions such as restitution and reparations. By blocking armed actors’ ability to claim seized land as their own, the land registration strategy minimizes the strategic importance of that land to armed actors (by preventing them from taking legal control of it), and consequently minimizes a community’s risk of being displaced. In addition to this preventative approach, the Project also works with committees in order to register abandoned land belonging to IDPs,19 providing that population with

16 If Social Action does not recognize an IDP declaration, the claimant is ineligible for all other UAO programs. 17 Swedish International Development Agency 18 Comites de atención a la población desplazada 19 Presently, there are no guarantees that IDPs will recover their properties (given the absence of conditions for returns, for example).

UNHCR Colombia - Best Practices in a Global Context 8 another means of direct protection. The Project has demonstrated that even in the middle of conflict situations, it is possible to legally protect lands and to lay the groundwork for eventual durable solutions by utilizing basic laws and legal principles. Beginning in April, 2008, Project partners have begun to transfer the project’s management to the State. However, this process could be a lengthy one, in large part because of profound institutional weaknesses which continue to affect the local and regional governments responsible for ensuring land protection. Until the State is able to strengthen local government capacity, the Project will continue to require support from external institutions. 40 One particularly effective element of the Project has been the “Toolbox” (“La Caja de Herramientas”), a multi-media informational kit which was designed to raise awareness of the means available to prevent usurpation of land and, eventually, to aid in its recovery. This toolbox contains guides for protecting land belonging to IDPs and communities at risk, and highlights special approaches for the protection of indigenous and Afro Colombian territories. It also provides tools to improve the functionality of municipal and departmental committees dedicated to the attention to the IDP population. 41 INTER-AGENCY STANDING COMMITTEE (IASC) – Although the best practices enumerated above have prioritized developing new institutions within the State infrastructure, the development of multi-lateral institutions like an Inter-Agency Standing Committee is also a best practice. Within Colombia, one national IASC (divided into three clusters or Thematic groups) and six regional IASCs have been created to improve coordination among UN agencies and international organizations operating in Colombia. UNHCR and the Norwegian Refugee Council jointly lead the national IASC Protection Cluster, while other UN/NGO partnerships lead a Humanitarian Assistance Cluster and an Early Recovery Cluster. As with any multi-lateral entity, balancing the individual priorities of each member agency with the collective priorities of the IASC can present significant challenges, particularly since agency budgets and programs are determined long before a specific IASC response may be required. Regional IASCs or individual clusters have attempted to reflect this balance by organizing missions into the field to monitor humanitarian crisis situations, and then determining with other IASC members the most appropriate and effective assistance that the international community can offer the State in a given situation. That assistance could include emergency humanitarian aid, advisory support for the creation of a contingency plan, or specific attention to AGDM-oriented concerns. Moreover, when local or regional displacement responses are stymied by complications at the national level, IASC clusters20 have been able to raise these issues and promote their resolution at the national level.

Strengthening State Institutions by Financing Internal Units/Positions to Deal with IDPs 42 Ideally, only the State should directly finance personnel or offices within State institutions. When that institution plays a fundamental role in displacement response, however, and there is a lack of national resources, UNHCR (as well as other international agencies) has chosen to directly fund capacity-building entities within State institutions under the understanding that these units will be absorbed into their respective institutions, and be taken over by the State. 43 The advantage of creating a new unit within a public institution is two-fold: 1) the unit, rather than UNHCR or another agency, recommends internal displacement public policy, which is likely to be better received than suggestions made from an outsider, and 2) displacement is

20 Clusters are referred to as grupos tematicos, or thematic groups, within Colombia.

UNHCR Colombia - Best Practices in a Global Context 9 guaranteed to be on an institution’s agenda because a space devoted to that topic has been ensured through a defined budget and clear institutional space. 44 Best Practices in this category can be particularly effective when they are applied to institutional gaps at territorial or local levels. In Colombia, for example, an extremely strong national infrastructure has not guaranteed equally strong departmental or municipal capacity. Initiatives like the ones listed below could be extremely effective in areas where political will by the State is not matched by the State’s institutional capacity in outlying areas. The challenge is to ensure that such units are being totally integrated in the medium and long term into their respective institutions. Best Practices 45 PROJECT WITH REGISTRY OFFICE (REGISTRADURÍA) – In 2001, UNHCR began a joint initiative with the Colombian Registry Office to provide national identity documents to IDPs or to members of communities at high risk of displacement. Without identity documents, vulnerable populations such as Afro-Colombians, indigenous peoples, women, and residents of remote rural areas, face significantly greater protection risks. Identity documents are also frequently required in order to access State assistance programs, and these populations comprise a large percentage of Colombia’s IDPs. 46 Currently, the Registry Project finances three mobile units which connect via satellite to the Registry Office database and offer on-site delivery of identity documents. It also partly finances the “Unit for Attention to Displacement” within the National Registry Office, a Unit which did not exist prior to UNHCR’s financial intervention, and which includes five employees whose salaries are provided by UNHCR. The Registry project has provided 528,645 people in over 300 municipalities with identification documents, and the State plans to pay for three additional mobile units, doubling the project’s current outreach capacity. The Project clearly demonstrates how funding a new office within the National Registry structure was able to increase both institutional capacity, and eventually, political will. 47 Identity documentation campaigns provide direct protection to IDPs and other populations of concern while simultaneously reinforcing UNHCR’s mandate to strengthen national prevention and protection mechanisms. The Registry project has been widely praised and UNHCR regularly receives requests from local Governments, NGOs and civil society to carry out documentation campaigns in specific regions. These campaigns also allow the State and UNHCR to enter into territories they might not otherwise be able to access. 48 The State has now committed its own resources to providing all citizens with national identification documents,21 and is completely integrating the Unit for Attention to Displacement into the National Registry Office. In addition, mayors and governors in registry campaign areas have contributed to the costs for the registration process. The project also catalyzed a new national law which allows people to obtain a copy of their birth certificate in locations other than their place of birth. In addition, while the project’s geographical reach and number of beneficiaries has increased annually, costs to UNHCR have decreased. This is due in part to more optimal use of equipment and materials, but primarily to a UNHCR strategy that has increased project support by international organizations like IOM, UNICEF, and Plan International, and the Colombian government. All campaigns that are funded (in whole or in part) by UNHCR are accompanied by a UNHCR team in order to ensure humanitarian space for the mission.

21 Colombia will be dedicating $750,000 USD per year to registry initiatives until at least 2011.

UNHCR Colombia - Best Practices in a Global Context 10 49 SUPPORT TO DOMESTIC SUPERVISORY MECHANISMS – UNHCR has also assisted with financing the creation of Units dedicated to displacement within the Ombudsman’s Office (Defensoría del Pueblo) and the Procurator General’s Office (Procuradoría), as well as financing ombudsmen in border areas.22 The roles of the Units within the Ombudsman’s Office and the Procurator General’s Office are complementary. The Ombudsman’s Office raises awareness about and promotes an adequate response to displacement, while the Procurator General’s office evaluates State institutions’ compliance with their obligations regarding displacements, and can take disciplinary action in the event of non-compliance. 50 Ombudsmen in border areas are additional personnel for the Ombudsman’s Office, and work in critical locations that would otherwise lack any civil State presence. They monitor human rights violations and infringements of IHL; assist in creating public policies aimed at preventing displacements and protecting victims; promote respect for human rights; accompany communities at risk of displacement; bridge communities and civil State institutions not present in the area; and strengthen the respective regional Ombudsman’s Office.

Creating or Supporting Direct Protection and Assistance Mechanisms where the State Does Not Provide Services. 51 Although UNHCR places a priority on fulfilling its mandate to strengthen and support State responses to displacement, there are some instances where the lack of State presence has lead UNHCR to create and/or support “micro-level” projects which respond to specific and critical direct protection needs. The strategy is always to trigger a response by State institutions through minimal UNHCR investments. The best practices listed below represent projects that have been extremely effective in the field and focus on assisting individual IDPs rather than having a macro-level impact. Many of these practices could be easily exported to other IDP situations in countries less developed than Colombia. Best Practices 52 LEGAL AID CLINICS (CONSULTORIOS JURÍDICOS) — Legal Aid Clinics dedicated to IDP issues operate at 11 universities throughout Colombia. UNHCR either supports or has helped to create all these clinics, by providing training on displacement issues to participating law faculties, financially assisting the establishment of Clinics, and providing programs with necessary reference materials and equipment.23 53 IDPs often require legal advice and direct support, particularly in order to claim their entitlements under assistance programs, and all final-year law students in Colombia must complete a six month practicum in order to graduate. The legal clinics effectively unite a significant group of law students seeking practical experience with a large population seeking free legal assistance on a limited range of issues. Legal Aid Clinics had handled approximately 5000 cases by the beginning of 2008, and four participating universities had linked their legal clinics to their psychology and social work schools, in order to ensure that IDPs seeking legal advice also receive psychological care when appropriate.

22 The State has recently increased its financial contribution to this initiative. 23 In addition, UNHCR has joined with the Norwegian Refugee Council and the Latin-American Institute of Alternative Legal Services (ILSA) to create a Network of Displacement Rights, which will operate at the national level to oversee all sponsored clinical initiatives, and review information gathered from individual clinical clients in order to identify widespread protection gaps or areas of need. The network is also overseeing roll-out of a virtual academic course on IDP issues, rights, and public policy, that is being offered to law students and faculties throughout Colombia.

UNHCR Colombia - Best Practices in a Global Context 11 54 TEACHING AND CHILDHOOD PROTECTION PROJECT – In order to bridge the gap that displaced children often face with regard to schooling, UNHCR began its Teaching and Childhood Protection Project in 2002. The project has provided sensitivity and IDP integration training to over 1000 teachers in 12 departments, indirectly assisting 30,0000 children in displaced and receptor communities. While the project was designed to be flexible to accommodate the ever-changing nature of Colombia’s armed conflict, that flexibility created inconsistencies in the materials being used. UNHCR responded by producing eight core curricula which teachers could tailor to their particular situation. The National Education System (including the Ministry of Education and the Secretaries of Education) is currently in the process of taking responsibility for this initiative. 55 PRACTICAL PROTECTION PROJECTS24 — Practical Protection Projects (PPP’s) are small- scale projects, generally in the areas of health, education or community infrastructure, that seek to prevent displacement or protect displaced or returned communities. These projects are invaluable in disputed areas of the country in which irregular armed groups often do not tolerate the arrival of international cooperation unless something concrete is being offered to the community. PPP’s have impact beyond the direct goal of each small investment; they help clear a path for increased protection of populations through UNHCR or civil State presence. 56 Each PPP requires: 1) a request from the community for support; 2) a participatory needs assessment that involves the local community and determines a clear structural need; 3) joint financial support for the project by the municipal authorities; and 4) contributions from the direct beneficiaries (for example, through the provision of labor). These requirements are intended to create a feeling of community ownership over the project, to guarantee the commitment of the local authorities, and to leverage UNHCR Colombia’s resources. 57 PPPs can take many forms, including documentation campaigns; infrastructure projects to prevent displacement in communities at risk; and the construction of shelters25 in receiving zones, as part of contingency plans prepared with the participation of the community. One PPP focused on school rehabilitation by providing a roof for the school building, assuring teacher hiring, and assisting with efforts to identify the school as a politically-neutral zone. In the end, this established a concrete reason for increased UNHCR presence within the community. 58 PARTICIPATORY ASSESSMENTS – Participatory assessments are one method of progressively closing the gap between the need to incorporate Age, Gender, and Diversity Mainstreaming into national and regional IDP public policies over the long term, and the need to provide short term, concrete, and immediate protection for vulnerable groups. Participatory Assessments are conducted with distinct segments of a vulnerable population (IDP women, for example, or children) and facilitate critical analyses that reflect age, gender, and diversity-specific concerns and a community- based, rights-based approach to a situation. 59 After a Participatory Assessment is conducted and its results analyzed, a plan of action is drawn up to coordinate institutional responses to the critical needs identified by each segment of a vulnerable population during various phases of displacement. Practical Protection Projects may be implemented to answer to some of these community needs, and where a PPP does not represent the most effective response, UNHCR can use the

24 For a more detailed analysis of the rational for PPPs please request UNHCR’s “Conceptual Paper for the Implementation of Practical Protection Projects in Areas Affected by the Conflict in Nariño Department” 25 Shelters can also function as training centers.

UNHCR Colombia - Best Practices in a Global Context 12 Participatory Assessment and plan of action to help coordinate multi-lateral institutional responses at the local level. 60 UNITED NATIONS HOUSE IN SOACHA – In 2005, UNHCR initiated the creation of a “UN House” in one of Colombia’s primary IDP receptor communities, a municipality close to Bogotá named Soacha. Due to its large IDP population, Soacha is often the base for UN agency projects. In 2005, for example, UNHCR, WFP, WHO/PAHO, IOM, UNHCHR, UNFPA, UNIFEM, UNICEF, UNDP, UNODC and OCHA all carried out projects in or around Soacha. The UN House is an interagency field office designed to improve coordination between agencies carrying out projects locally, as well as to facilitate the entry of other UN agencies that may wish to enter the area. Six UN agencies signed a service agreement to create the house, with each agreement including a mapping of that agency’s current activities along with planned financial and technical contributions. Under OCHA’s overall coordination, the UN House has allowed for continuous flow of information between agencies and increased interagency coordination, as well as a unified UN presence for external counterparts, authorities, and the community. 61 HOUSE OF RIGHTS IN SOACHA (CASA DE DERECHOS) — The House of Rights in Soacha fulfils a similar function to the UN House, but draws State institutions together rather than UN agencies. Soacha is a poor municipality, and at its outskirts lies a desperately impoverished community comprised overwhelmingly of IDPs and others who illegally occupy the land. Traditionally, the State has had no presence in this area. UNHCR designed the House of Rights to increase State presence by creating a physical space in which State institutions can plan and coordinate their activities in the area, and create awareness about the services they offer. 62 Since its creation in 2005, over 22 public and private institutions have contributed funds or personnel to the House of Rights, and several institutions maintain a regular presence. This project has increased not only State presence, but also NGO presence in the area, and the House of Rights has become a reference point for both the local community and institutions serving it. The House of Rights has also become a central gathering point for the community, allowing IDPs to participate in UNHCR educational and health programs, for example, and serving the receiving community at large. Currently, a second House of Rights is planned for Medellín. 63 DIRECT PROTECTION FOR INDIVIDUALS AT RISK – Although UNHCR Colombia focuses on improving State prevention and protection mechanisms, it has developed a protocol for responding to individual direct protection cases where rights to life, personal integrity, or freedom are threatened. Field offices verify the need for protection with reliable sources like the Church, and can refer the case at the central level to appropriate government agencies or committees26 in order to advocate for protection mechanisms. Where a threat is imminent and local action may not be sufficient, UNHCR may also bring the matter to ICRC.27 Operational Best Practices 64 In addition to specific projects that have represented best practices, UNHCR has also developed numerous operational best practices. These represent almost a decade of development and reflect the manner in which UNHCR has both created and responded to its continuous operational growth in Colombia.

26 For example, the Risk Evaluation Committee for IDP leaders meets regularly to decide individual protection needs. 27 UNHCR is also in the process of creating a budgetary “safety net,” which will provide funds for humanitarian assistance in situations where an IDP population no longer technically merits emergency assistance from the State, but continues to live in a state of such vulnerability that direct protection must be provided.

UNHCR Colombia - Best Practices in a Global Context 13 Best Practices 65 INTER-AGENCY STRATEGY — UNHCR approaches inter-agency coordination through a two-pronged strategy designed to maximize synergy within the UNCT and with NGOs, and avoid operational gaps and overlaps among agencies. 66 The first prong of the inter-agency strategy is a multi-lateral approach, which is based in utilizing existing IASC mechanisms and their capacity to foster a more coherent UN and NGO responses to internal displacement. This requires active UNHCR participation in all IASC entities at the central and local level. This approach does suffer from some limitations, because IASC approaches do not deal exclusively with internal displacement concerns, and because broad agency participation within the IASC can impede strategic discussions. In addition, a IASC-based multi-lateral approach does not incorporate key national actors such as Social Action, the Office of the Ombudsman, and the Catholic Church. 67 The second prong of the inter-agency strategy consists of a more bi-lateral approach, and includes a number of key agencies like OPS (WHO), UNICEF, UNDP, WFP and IOM.28 The objective is to sign MoOUs (Memorandum of Operational Understanding) that outline some joint priorities and objectives for 2008. The idea behind the MoOU is to promote concerted programming with existing resources as opposed to developing joint programs which require additional resources and can be administratively cumbersome. 68 UNHCR is also holding regular consultations with ICRC. 69 THE OPERATIONAL GUIDE — In 2002, to facilitate program development by field offices and by implementing partners, UNHCR created an Operational Guide containing its operational mandate and conceptual framework, the Guiding Principles on Internal Displacement, and an explanation of UNHCR program procedures and requirements. Guidelines for program planning and implementation were also included, as well as evaluation methodologies for program monitoring and evaluation. The Guide minimized the need for direct queries to UNHCR program officials, both at headquarters in Bogotá and in the field, and implementing partners in particular lauded its usefulness when designing or working on UNHCR programs. Due to UNHCR’s rapid expansion, the current operational guide be updated and revised by early 2009. 70 UNIFIED INFORMATION SYSTEM — In 2003, UNHCR Colombia created an online database (http://www.colsia.org.co) to serve as a central repository for institutional information. The database – which can hold documents, pdf’s, and .html files - can be accessed simultaneously by headquarters and field offices, and contains information from the Program and the Protection unit, as well as the daily press summary. Usernames and passwords for the database are issued by Bogotá to officials in the field, as well as to UNHCR offices in neighbouring countries (upon request). Because the database was built on freeware which doesn’t require licensing fees, and is maintained in-house, maintenance costs are very low. In countries with widespread operations, a similar database could provide a low cost alternative to server networks. 71 PROCESS FOR RESPONDING TO NEW PROTECTION PROBLEMS — To avoid replacing the State as the primary responder to internal displacement, UNHCR has developed a protocol for responding to new protection problems. The protocol is designed to provoke a State response, which UNHCR then supports. First, UNHCR identifies a problem or protection gap, generally through its field offices. Then, it raises awareness through multiple initiatives, informing the UN Country Team, or holding meetings

28 Regular consultations are also taking place with ICRC.

UNHCR Colombia - Best Practices in a Global Context 14 directly with relevant State institutions, publicizing the problem, if needed be. Next, UNHCR works to provide the State with advisory support in determining an effective solution to the problem, for example, by encouraging dialogue with civil society, creating joint protection initiatives with State agencies, or assisting with public policy formulation. Finally, UNHCR assists the State with evaluating the effectiveness of its response, either by supporting State monitoring systems or conducting its own follow- up investigations and then reporting findings to the State. 72 IMPROVING OPERATIONAL ACCOUNTABILITY THROUGH A DIFFERENTIAL APPROACH (AGDM)29 — UNHCR incorporates a Differential Approach into all its work (including all phases of project cycles), in order to extend its operational accountability not just to HQ and donors, but also to the communities it is serving. The Differential Approach prioritizes participatory project planning and assessment, in which communities define their own needs, participate in program decision-making, and assess projects. Other UN agencies, and governmental and non-governmental counterparts, also participate in UNHCR’s participatory assessments. UNHCR provides copies of its final assessment report and its project evaluations to all participants, in order to maximize transparency and agency accountability. 73 DATA AND PROJECT EVALUATION — In order to complement current UNHCR standards and indicators for IDP operations in the manner most responsive to Colombia’s particular displacement crisis, UNHCR has worked to define the baseline data relevant to each of its projects and to develop indicators accordingly.30 In addition, UNHCR has adopted 14 key targets applicable to programs throughout the operation. This methodology has established increased capacity to measure individual project performance and will improve UNHCR’s capacity to evaluate operational impact in both qualitative and quantitative terms.31 74 FUNDRAISING – UNHCR’s fundraising strategy is being set up in coordination with DRRM.32 It prioritizes regular field visits by donors and ongoing contact between headquarters and donors. Donors are involved in planning (they participate in the COP), program implementation (they visit ongoing projects in the field regularly, thereby guaranteeing political support at the institutional level), and evaluation (they share their views and suggestions). This level of donor involvement is key to obtaining continuous support, negotiating multi-year grants, and accessing categorical funds (targeted towards education, for example, or institutional capacity building). The Program unit in Bogotá has designed a system to track donor contributions. 75 EXIT STRATEGIES – While it is difficult to foresee a global exit strategy from Colombia as long as the conflict continues, UNHCR continuously evaluates when sectoral objectives have been met and when it can pull out from certain activities. For example, when an implementing partner has been strengthened enough through capacity-building measures, UNHCR views its objective as having been met, and ceases to provide funding. Conclusion 76 The foundation of all UNHCR’s work in Colombia is based on the understanding that the Colombian State has both the obligation and the capacity (at least at the national level) to respond to forced displacement and to attend to the existing displaced population. Consequently, UNHCR cannot replace the State.

29 Age, Gender, and Diversity Mainstreaming 30 Participatory Assessments have key for this process. 31 For a list of these indicators, please see p. 3. 32 The Donor Relations Section of UNHCR in Geneva.

UNHCR Colombia - Best Practices in a Global Context 15 77 UNHCR has also focused heavily on working with implementing partners in order to achieve specific objectives. By empowering (or at least including) all actors in the displacement debate despite differences in mandate or points of view, UNHCR has been able to develop policy approaches that will eventually create a self-regulating displacement-response system, run and supervised by national actors. In its continuous role as a support and advisor to the State, particularly with regard to the legislative and judiciary branches, UNHCR’s impact has been clear, if not directly measurable. 78 The Colombian government’s capacity and willingness to respond to displacement has evolved steadily in the ten years since UNHCR began its operation. Before 1997, the State had not yet recognized any specific rights to IDPs. In 1999, when UNHCR signed its MOI with the government, public policies were not yet in place to enforce the rights created under the 1997 Law of IDP Rights. 79 Since that time, State attention to the displacement crisis has expanded exponentially, and the Constitutional Court has not only held the government to increasingly specific standards under the Constitution, but also incorporated the Guiding Principles on Internal Displacement into Colombia’s framework of constitutional rights. 80 The increasing involvement of the State, which, in the last four years, has multiplied by six the amount of national resources for IDPs (now reaching 500 mio USd annually), the reinforcement of the coordination mechanisms through the Presidential Agency, Social Action, are very positive and encouraging signals sent by Colombia to the international community. With the active participation of UNHCR, the response of Colombia to internal displacement has been instrumental in mitigating the impact of displacement and in establishing a national protection framework, which should relieve pressure on international protection mechanisms. 81 Unfortunately, Colombia continues to face a critical humanitarian crisis, where a conjunction of factors such as the ongoing conflict with illegal armed groups and/or narco trafficking are still displacing officially some 250.000 new IDPs each year, bringing the total IDP population to a total of approximately 3 million IDPs. 82 UNHCR will thus continue to implement its IDP strategy, further strengthening the national displacement response system, with a special emphasis in closing the gap between an exemplary legal/administrative framework and an operational capacity at the municipal and departmental level, which still needs to be improved.

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