issue 28 July 2007

Enhancing Southern capacity: rhetoric and reality

Published by the Refugee Studies Centre, University of Oxford.

Corinne Owen from Forced Migration Review Forced Migration Review provides the a forum for the regular exchange of practical experience, information and ideas between researchers, refugees and internally displaced editors people, and those who work with them. It is published in English, Spanish, Arabic and French Virtually every humanitarian agency talks about their commitment to building – or enhancing – by the Refugee Studies Centre, University of Southern capacity. Several readers and advisors encouraged us to produce an issue looking at the Oxford. FMR was launched in 1998 in partnership complex issues around this much-used but rarely-defined term. To our surprise, our call for papers with the Norwegian Refugee Council. did not produce the flood of articles we expected. The only previous occasion on which we received so few theme articles was when we published an issue focusing on older displaced people. Perhaps this tells us something about lack of fit between rhetoric and reality? Do international agencies Editors still define ‘capacity building’ in a way which implies that Southern recipients have no capacity Marion Couldrey & Dr Tim Morris to start with? Is the capacity-building industry a North-driven, patronising and uni-directional transfer of knowledge? Is there genuine commitment to helping nationally-based organisations respond to future crises? The articles in this issue address these and other questions. Sub-Editor (Arabic edition) Musab Hayatli Apologies for the delay in getting this issue of FMR to you. In view of the gravity of the humanitarian crisis in Iraq we prioritised the special issue – ‘Iraq’s displacement crisis: the search for solutions’ Coordinator – which is being distributed with this regular FMR. Heidi El-Megrisi If you are reading our magazine for the first time you may be interested to know that FMR is published in English, Arabic, Spanish and French by the Refugee Studies Centre of the University Assistant of Oxford. It is distributed without charge to 174 countries and the full text of all issues is online at Sharon Ellis www.fmreview.org. If you read this but are not on our mailing list and your organisation would like to receive hard copies of future issues, please use the tear-off form on the back cover or contact us (details opposite). We will need to know your name, organisation’s name, full postal address and Forced Migration Review which language edition you wish to receive. Refugee Studies Centre Department of International Development FMR 29, to be distributed in October 2007, will focus on humanitarian reform. The theme of FMR 3 Mansfield Road, Oxford OX1 3TB, UK 30, to be published in the New Year, is environmental displacement. Information about future Email: [email protected] issues is at www.fmreview.org/forthcoming.htm. Tel: +44 (0)1865 280700 FMR is totally dependent on grant income, receiving only logistical support from the University Fax: +44 (0)1865 270721 of Oxford. If you are able to support us – or can give us funding advice – we would like to hear Skype: fmreview from you. We are always keen to keep costs to a minimum. If you no longer wish to receive FMR please let us know.

Website As always, we are keen for FMR to present the voices of displaced people. We would like to www.fmreview.org increase the number of articles written by those directly affected by forced migration. Don’t be put off writing for us if English is not your first language. We are more than happy to work with you to Copyright and disclaimer help develop your ideas into an article format in order to share your experience with others. Opinions in FMR do not necessarily reflect the With best wishes views of the Editors, the Refugee Studies Centre or the University of Oxford. Any FMR print or online Marion Couldrey & Tim Morris material may be freely reproduced, provided Editors, Forced Migration Review that acknowledgement is given to the source and, where possible, the FMR URL and/or the article-specific URL. We welcome comments on the content and layout of FMR – please email, write or This is the last FMR I will be co-editing. After eight extremely rewarding years I have decided to move on. I am confident this magazine will continue to play the vital role within use the form on our homepage. the international humanitarian community which has made it such a pleasure to work for the FMR team, with authors and with you, the readers. With my best wishes to you all. We welcome comments on the content and layout of FMR – please email, write or use the form on Tim Morris ([email protected]) our homepage. The FMR Co-Editor job will be advertised in due course on the FMR website. For any Designed by queries, please contact [email protected]. Art24 (www.art-24.co.uk)

Printed by The Editors are grateful for support received in 2007 from: Image Production www.imageproduction.co.uk Austrian Development Agency International Organization for Swiss Federal Department of Migration, Iraq Foreign Affairs Brookings-Bern Project on ISSN 1460-9819 Internal Displacement International Rescue Committee UN Office for the Coordination of Humanitarian Affairs (OCHA) Catholic Relief Services Islamic Relief UNDP Sudan, Governance and DanChurchAid Norwegian Ministry of Foreign Front cover photo: Rule of Law Unit Affairs UNDP-IRC Rule of Law Training Danish Refugee Council UNFPA Norwegian Refugee Council in El Geneina, west Darfur. Department for International UNHCR UNDP/Yousif Ahmed Development (DFID) RA International UNICEF DHL Reproductive Health Access, Information and Services in Women’s Commission for Feinstein International Centre, Emergencies (RAISE) Refugee Women and Children Tufts University Government of Qatar World Vision Australia International Federation of Red Cross and Red Crescent Swiss Agency for Development Societies and Cooperation (SDC) contents

Slow return of displaced Southern Sudanese Enhancing Southern capacity: by Tim Morris...... 38 rhetoric and reality Locking up family values in the US by Michelle Brané ...... 39 Time to reassess capacity-building partnerships by Brooke Lauten...... 4 Kafkaesque rebranding of pro-US fighters as terrorists by Benjamin Zawacki...... 40 Impact of the tsunami response on local and national capacities Voices of courage...... 42 by Arjuna Parakrama...... 7 Colombia test cases strengthen IDP protection Local versus international response: call for humility by Maria Beatriz Nogueira and Charalampos Efstathopoulos.....44 by Bambang A Sipayung...... 9 Internal displacement in eastern Burma Duty of care? Local staff and aid worker security by Heather Rae...... 45 by Katherine Haver...... 10 Enfranchising IDPs in Nepal Responsibility to Protect: lessons from South Kivu by Anita Ghimire...... 48 by Jaya Murthy...... 11 Urban asylum seekers and refugees in Thailand Multi-dimensional migration challenges in North Africa by Vera den Otter...... 49 by Johannes van der Klaauw...... 13 State practice and the family unity of African refugees Investing for the future: capacity building in Morocco by Esther Sample...... 50 by Mathieu André and France Charlet...... 15 Failure to protect: lessons from Kenya’s IDP network Participatory capacity building in action in Colombia by Prisca Kamungi and Jacqueline M Klopp...... 52 by Josep Zapater...... 17 Bizarre Australia-US refugee swap Post-war Liberia: healthcare in the balance by David Holdcroft...... 54 by Katharine Derderian, Helene Lorinquer Olympic scale of sport-induced displacement and Stéphan Goetghebuer...... 19 by Jean du Plessis...... 54 Building capacity in Sierra Leone Dubai: a City of Hope? by Lina Abirafeh...... 20 by Lina Abirafeh...... 56 An African perspective on capacity building Opportunity for refugee agencies to be certified by Naomi Pardington and Melanie Coyne...... 22 by Andrew Lawday...... 58 Return of qualified Sudanese The RAISE Initiative: building RH capacity by Lindsay T McMahon...... 23 through collaboration Capacity development from the inside out by Diana Barnes-Brown and Janet Butler-McPhee...... 60 by Anisya Thomas and Desiree Bliss...... 24 UNHCR: EU integration of refugees Bold advocacy finally strengthens refugee by the UNHCR Bureau for Europe...... 62 protection in Kenya Brookings-Bern Project on Internal Displacement: by Eva Ayiera...... 26 Improving health and mortality data for IDPs Who owns and drives capacity building? by Robert Lidstone...... 63 by Colleen Thouez and Sarah Rosengaertner...... 28 Norwegian Refugee Council: When 93,000 people know your name General articles by Alfredo Zamudio...... 64 IDMC: Continuing displacement in DRC Emergency within an emergency: Somali IDPs by Greta Zeender ...... 65 by Hassan Noor...... 29 RSC: Internships: rite of passage for students CAR: no longer forgotten? of forced migration? by Toby Lanzer...... 32 by RSC students...... 67 Fighting impunity: legal aid in Darfur Practising medicine amongst Somalia’s IDPs...... 68 by Maarten Barends...... 33 Shocking violations of the rights of Sudan’s children by Simar Singh...... 36  enhancing southern capacity: rhetoric and reality FMR 28 Time to reassess capacity-building partnerships by Brooke Lauten

Since 2001 the Watchlist on Children and Armed Conflict has Government and civil worked with local civil society organisations, child protection society partnerships networks and grassroots organisations to build capacity to As part of an effort to facilitate monitor and respond to abuses of children’s rights. Through a transition to post-conflict our capacity-building partnerships, we work to shift the power programming, international humanitarian organisations have structure that defines the roles of national and international also begun to employ capacity- NGOs in humanitarian programming. strengthening partnerships with host governments and related ministries. Although the initial humanitarian ‘Capacity building’ is often organisations as a key element of crisis is almost always accompanied defined in a way which implies responding to humanitarian crises. by a partial or complete breakdown that international organisations/ The structure of these working in the government’s ability to provide agencies are ‘investing’ and national relationships varies significantly services to its citizenry, the rebuilding organisations are ‘developing’. In across agencies. Most commonly, of the capacity of the government has an effort to recognise the added an international NGO holds the come to be seen as an essential step value that national organisations operational reins while the national towards recovery from a continuing can offer to their international organisation functions as an current crisis and prevention of future counterparts, the capacity-building ‘implementing partner’. This type crises. However, simply strengthening discourse has begun to shift away of partnership tends to extend the the skills of the government does from the investing/developing model reach and staffing capacity of the not necessarily create an accountable and towards a conversation on international organisation, allowing government. In partnering with partnerships. By focusing on ways the international NGO to implement government agencies, it is essential in which both the international and programmes quickly among a that humanitarian agencies do not national organisations can work as large population. Because local ignore partnership opportunities ‘partners’, organisations on both NGOs are not likely to face as many with national organisations. A strong sides hope to address what one bureaucratic obstacles to bringing civil society provides an important expert referred to as the ‘asymmetry staff into areas of the country affected check on government power. In of power’: relationships in which by crisis, and agency policy often cases where humanitarian agencies “the northern organisation can do allows national staff to work and do not match efforts to improve to the southern organisation what travel in areas where international government functioning with efforts the southern organisation cannot staff cannot, implementing to build up local civil society, they do to the northern organisation.”1 partnerships have become essential neglect the notion of government for the timely delivery of aid in responsibility to its citizenry. However, despite recent efforts large-scale humanitarian crises. to partner with and expand the In order to fill this gap, some capacity of local organisations, However, these ‘partnerships’ are international NGOs have initiated humanitarian action remains, in large typically less effective in enhancing operational partnerships with part, driven by international NGOs. If the organisational capacity of the national NGOs. Unlike an international organisations are serious national partner. Implementing NGOs implementing partnership or a about strengthening and expanding rarely have a major role to play in partnership with a government the role of local organisations in determining the design or strategy agency, an operational partnership is humanitarian response, they must behind a programme they are tasked designed to allow two independent critically examine the structure of with executing. While the national organisations to work actively and current partnerships and seek ways implementers are often consulted as collaboratively toward shared goals. to foster a more equitable relationship the project evolves, formal decision- This type of arrangement almost through which both the international making authority rests exclusively always emphasises transparency, and the national partner benefit. with the international NGO. While equity and complementary strengths, in some cases the technical capacity and typically includes regular Humanitarian policymakers and of the national NGO is enhanced meetings and carrying out joint practitioners have increasingly through the execution of a project, project activities. Ideally, both the come to view the development of strengthening technical capacity national and international NGO ‘partnerships’ between national is rarely the primary objective of engaged in the partnership benefit and international civil society an implementing partnership. from the arrangement. Through FMR 28 enhancing southern capacity: rhetoric and reality  partnership, the national NGO NGO donor’. While the discourse compile a patchwork of activities offers the international NGO greater around partnership continues to they are capable of implementing, it informational and geographic focus on equality, the practical leaves less opportunity for national access to the affected population. barriers to achieving true parity organisations to establish their Additionally, national NGO between national and international independent mission and goals. involvement often ensures significant NGOs are rarely addressed. In order local buy-in to programmes, making for the international NGO to move While any organisation – national the programmes in which they away from a donor role, operational or international – will inevitably are involved more sustainable. capacity-building partnerships follow funding sources, building Conversely, the international NGO must be approached holistically, expertise within civil society requires can extend its global reach, can with sensitivity to past experience, operational focus. National NGOs often offer an increased level of current needs and the envisioned must actively use available resources security for the national NGO by future of the organisation for to develop their operational strategy. ensuring that attacks on facilities which capacity is being created. They can network with other national and programmes will be noticed by NGOs to learn from their experiences the international community, and and they must investigate means to can provide the national NGO with Whose vision? earn money locally.2 In cases where technical and financial assistance. capacity-building initiatives allow In humanitarian contexts, many implementing agencies to begin Despite clear benefits to both parties local NGOs begin their work as independent activities through engaged in operational partnerships, implementing partners of large operational partnerships, both the control over the relationship typically international NGOs. In such cases, international and national partner rests squarely with the international the organisational ‘vision’ of national must make a concerted effort to NGO. The international NGO almost NGOs is driven almost exclusively ensure that programmatic goals are always has greater access to resources by the needs of the international independently initiated and shared. than the national NGO. Due primarily NGOs. By continuing to operate In other words, programmatic to this access, the international NGOs at the behest of the international vision must come as much from are more often likened to donors organisations, recently established the national organisation as the than to true partners by the national national organisations ensure a international organisation. NGOs. In fact, when used by many continued flow of funding. However, local organisations throughout the while responding to the operational Once mutual objectives are world, the word ‘partner’ is largely needs of international organisations established between organisations, synonymous with ‘international allows national organisations to it is essential that capacity-building

As part of UNHCR’s community empowerment projects, workers build a school and pass on their construction skills to younger returnees in Gbarlatuah, Bong county, Liberia. UNHCR/E Compte Verdaguer UNHCR/E Compte  enhancing southern capacity: rhetoric and reality FMR 28

efforts respond to capacity needs. many have difficulty attracting donors Conclusion Operational partnerships often focus who are willing to provide more on building programmatic capacity. than $30,000 per grant to support Most international humanitarian The international organisation the national NGO’s activities. This NGOs focus on crisis response provides technical and financial unwillingness is due in part to the fact in countries where national support to a national NGO in order that small grants are typically focused governments are unwilling or to build local expertise in a particular on supporting the functioning of a unable to provide adequate support thematic function (such as child national organisation rather than its to their citizenry. In any country protection, health or women’s issues). growth. As noted above, the focus where they operate, the ultimate While improvement in programmatic on programmatic capacity building goal of international humanitarian capacity is essential, programmatic often limits the degree to which organisations is to transition capacity building must be mirrored national organisations can strengthen responsibility for their beneficiaries with an equivalent build-up in administrative systems, particularly back to national governments and administrative capacity. Without their financial management systems. civil society. As such, operational the strengthening of administrative Donors will simply not provide partnerships between international systems, any organisation will larger funds to organisations which and national NGOs are created to eventually become overwhelmed by do not have such systems in place. facilitate the replacement of the increased programmatic demands. Because national NGOs often do not stop-gap efforts by the international Thus operational partners should meet the ‘standards’ to be eligible organisation with equally effective, strive to link increased programmatic for greater funding, even the most long-term, sustainable efforts of capacity with capacity-building successful among them are limited to the national organisation. With support in programme management, receiving a plethora of small grants appropriate attention given to shared project cycle management, the in order to grow. The most successful priorities, increased programmatic establishment of financial systems national organisations are often able and administrative capacity and the and other administrative functions. to sustain their operations with these progressive accountability of both small grants. However, because their the national and the international attention is divided among so many NGO, an operational partnership Funding barriers international ‘partners’, it is extremely can function as an effective vehicle difficult for them to grow to a point for promoting local civil society in While operational partnerships are where they will be eligible to compete a crisis-affected country. Ultimately, often limited by the focus of the for the same funding that is granted these efforts will allow nationally- capacity-building activities, the to the large international NGOs. based organisations to respond funding structure for these activities to future crises in their country also poses significant barriers to The unwillingness of international and to define and achieve their the effective development of the NGOs to expect success from country’s development objectives. national organisation. In most their partners also cripples the organisational partnerships, the development of the national NGO. Brooke Lauten (Brooke.Lauten@ national organisation is supported Too often, the small grant scheme theirc.org) is a Program Manager through a small grant from the assumes that failure will be the likely at the Watchlist on Children and international partner. These grants outcome of a partnership project. Armed Conflict (www.watchlist. range in size but rarely exceed By keeping the grants short-term org). Watchlist’s Steering Committee $50,000 and are typically $5-30,000. and small-scale, any fallout from includes representatives from CARE In a newly formed partnership a capacity-building project can International, the Coalition to with a recently established national be absorbed by the international Stop the Use of Child Soldiers, the organisation, a $5,000 grant often organisation. However, by exclusively International Save the Children constitutes a significant portion of focusing on its own ability to tolerate Alliance, the Norwegian Refugee the national NGO’s operating budget. loss, the international organisation Council, the Women’s Commission Furthermore, $5,000 is typically a often ignores opportunities to for Refugee Women and Children negligible sum for the international increase the absorptive capacity and World Vision International. partner. Thus, as ‘seed funding’ for of the national organisation. If an a partnership, small grants can be operational partnership is to be For more information on ideal. On the one hand, they provide effective, both partners must consider Watchlist’s work with local national organisations with limited the ways that funding structure organisations, see www.watchlist. funding history reasonable flexibility impacts the future of the respective org/advocacy/policystatements/ to build either programmatic or organisations. As the national NGO the_power_of_partnership.pdf administrative capacity. On the other, partner experiences increased a $5,000 grant poses limited financial success, it can and should be held 1. Charles Elliot as quoted in Postma, William (1994) ‘NGO Partnership and Institutional Development: risks for international organisations to progressive standards of project Making it Real, Making it Intentional’, Canadian Journal of in the event the partnership does not evaluation. Likewise, the international African Studies, Vol. 28, No 3. p 450 progress as originally envisioned. NGO partner should respond to 2. Postma, William (1994) ‘NGO Partnership and increased national NGO performance Institutional Development: Making it Real, Making it Intentional’, Canadian Journal of African Studies, Vol. 28, Unfortunately, even when national by facilitating funding opportunities No 3. p 453 organisations are able to prove their which extend beyond small grants. effectiveness in using small grants, FMR 28 enhancing southern capacity: rhetoric and reality  Impact of the tsunami response on local and national capacities by Arjuna Parakrama

The largest ever evaluation of an international humanitarian underestimate local capacity and give excessive importance to the response found that most lives were saved by affected and delivery of external assistance. This neighbouring communities in the immediate aftermath of the is a process that re-confirms itself. December 2004 tsunami. When the international community By ignoring local capacity, the role bypassed or appropriated local and national response, the of external aid is made to seem all the more important. The more impact was inefficient in terms of cost, effort and time. external aid there is, the more local capacity is undermined. The hitch The Tsunami Evaluation Coalition which were generally coping with is that, having started off in such (TEC)1 highlighted the disparity most of the immediate problems. a way, relationships and strategies between the stated policies of then fail to develop more positively international humanitarian actors Within the humanitarian system, the during the recovery phase. and the operational realities in terms tsunami disaster demonstrates the of direct execution, engagement problem of the ‘mega response’ from with local capacity and community the Western public. The way in which participation. It showed that when the humanitarian sector is funded, the aid system is under pressure by sudden inputs following public in crisis situations, the imperative appeals, encourages an emphasis on to deliver services is dominant. rapid service delivery, exaggeration of the agencies’ own importance There was lack of engagement at and understatement of the role of the earliest stage with community- local people. The unprecedented based and local non-governmental level of global public donations organisations (CBOs and NGOs). made the international NGO sector Many of these had played a major role the key player in the international during the search-and-rescue phase tsunami response, both in absolute UNHCR/H J Davies but were marginalised during the terms of size of country budgets relief process. Relations had become and in relative terms compared with strained, or capacities weakened, the UN and bilateral agencies. There has been a tendency for Fishermen by the time agencies sought international agencies to strengthen return to the sea after their cooperation in the recovery centralist structures and processes. the tsunami, phase. CBOs and NGOs became Pressure for results In most cases their main concern Nilaveli contracted organisations, corruption was to secure an agreement with beach, spread and inappropriate forms of With this new role should have the national authorities. They were north of leadership were able to flourish. come a responsibility to strengthen less likely to make formal, or even Trincomalee, Sri Lanka. partnerships with national and local informal, arrangements at the local Specific aspects of the response authorities and to join with others level, and therefore might not have that undermined local capacity in creating new formal mechanisms been able to recognise or respond include ‘poaching’ of staff from other for collaboration and accountability. to the subtle interplay of power that organisations, especially local NGOs, Information could have been handled surrounded the relief operation. and burdensome requirements far more strategically, so that affected International agencies tended to for reporting. There was too much people were able to assert their needs exploit what capacity they could emphasis on speed and profile, and speak on equal terms with aid find in the relief stage and then leading to unnecessary and wasteful givers. INGOs were slow, however, were surprised to find that this use of expatriate staff, many of to adapt to this new reality, and local capacity did not conveniently whom had little relevant experience remained in competitive and target- transform itself into a suitable tool for and were at a disadvantage in driven mode until quite late in the recovery and reconstruction. Instead, addressing the highly complex social response. There was strong pressure local capacity was undermined, issues structures of communities in the for ‘results’ from the headquarters of of inequality and marginalisation region. Structurally, this reflects an international agencies. Even among became more intractable and underestimation of local capacities, field staff there was a tendency to distrust developed. Agencies  enhancing southern capacity: rhetoric and reality FMR 28 IRIN/Edward Parsons for EPA Parsons for IRIN/Edward

Two Sri Lankans take on the grim task of removing bodies for burial in the immediate aftermath of the December 2004 tsunami.

found themselves supporting to recognise that the ownership of n pay attention to social inequalities, elites and unable to address the humanitarian assistance rests with exclusion and hierarchies problems of marginalised groups. the claim-holders – i.e. that local capacities are the starting point, n work to enable marginalised Strengthening capacities is not that long-term sustainable risk groups to improve their position simply about supporting institutional reduction is the aim and that the in relation to communities, structures but a more complex role of other players is to support. and communities in relation to political process that involves the Only when vulnerable people take district and national authorities empowerment of poorer and more control of their environment will excluded people so that when they escape from vulnerability. n institute procedures for making disaster strikes they have a valid Otherwise they will simply be grants for longer time periods even claim on their community, local dependent on fickle Western public from the outset of an intervention officials and national government. responses and the reliability or otherwise of international aid. n develop protocols to prevent ‘poaching’ of staff and to ensure Policy versus practice There is a need to rethink the end local capacity is not undermined goal of humanitarian assistance This evaluation highlights the and move from a service delivery n critically examine reporting disparity between the stated policies approach to a capacity-empowering requirements of international humanitarian actors framework. The TEC team and the operational realities. The highlighted the need for international n ensure women are represented principles are lofty but the practice humanitarian agencies to: in all decision-making is often very different. When the bodies affecting them. aid system is under pressure in n engage with local and national crisis situations, the imperative to capacities and have clear Arjuna Parakrama (english@pdn. deliver services predominates; in partnership strategies and develop ac.lk) is the head of the Department contexts such as the tsunami response local partnerships from the start of English, University of Peradeniya, where there was an unprecedented Sri Lanka, and led the TEC evaluation flow of resources, the key factor of n realise that the process of relief of the impact of the tsunami response success appeared to be the ability to is not politically neutral: it has on local and national capacities. spend money quickly, not wisely. profound effects on issues such as inequality, marginalisation, social 1. www.tsunami-evaluation.org/NR/rdonlyres/8E8FF268- 51F0-4367-A797-F031C0B51D21/0/capacities_final_report. A fundamental re-orientation of organisation and political rights pdf the humanitarian sector is required FMR 28 enhancing southern capacity: rhetoric and reality  Local versus international response: call for humility by Bambang A Sipayung

In Indonesia it is easy to tell who works for an international Old-guard social activists are in despair that many Indonesians now NGO for they stand out with their organisational tags see working for an NGO as just and memory sticks. Many Indonesians crave jobs with another business activity, a way to international NGOs (INGOs) but do these organisations earn money and support a family but transfer knowledge and skills to local NGOs? Or do they without asking questions. They are appalled at the insensitivity displayed simply poach their staff and undermine voluntarism? by the staff of some agencies, simply interviewing tsunami victims about The tsunami which hit Aceh in conducted in English, and used the their needs and then leaving without December 2004 and the earthquake terminology of disaster response with offering any material assistance. which struck near the Java city of which local people were unfamiliar, Yogyakarta in May 2006 were not just it was hardly surprising that local Most local and national NGOs lack tragedies and opportunities to display NGOs soon lost interest. Most experience in disaster management solidarity. For Indonesians with stopped attending and developed and staff capacity building. They knowledge of English and technical their own links with particular INGOs realise that heroism, courage capacity they were job opportunities. from whom they sought funding. and critical thinking have to be The dramatic complemented by influx of INGOs practical managerial Relief supplies has transformed skills. Sadly, the from around the landscape for international the world pour into the airport NGOs and social community has at Banda Aceh, activism in Indonesia. shown no interest Indonesia, In the process, in sharing them. following the humanitarianism is in INGOs need to December 2004 danger of becoming develop cultural tsunami. just another industry. sensitivity. Instead of undermining local In Aceh and Yogya NGOs by taking their the influx of staff, they need to INGOs has been work with them and unprecedented. In exchange experience the first six months and skills. Instead of of the tsunami patting themselves response, over 600 on the backs for were registered International DuBose, UMNS/ACT Mike their managerial in the province competence, of Aceh. It was, a international friend noted, a veritable supermarket Local NGOs found themselves NGOs should be more humble. It of NGOs, each with their own amidst giants – UN and government is a humility that recognises the mandates and procedures. The first agencies, the Red Cross and massive strength and wisdom of the local thing they each did was to search international and national NGOs. community and learns from them for accommodation, warehousing Unable to compete, they were while complementing their capacity and local staff. Rental costs in Banda powerless to prevent haemorrhage with further skills for the service of Aceh rose ten-fold. English-speaking of their staff. When experienced those in need. They could learn much Indonesians found themselves sought local NGO staff saw people from the enthusiasm and voluntary after and head-hunted. Many left getting jobs with international spirit (self-sacrifice as opposed to the NGOs and the civil service to work agencies who had no experience commodification of humanitarian with INGOs. Some who got jobs of development, humanitarian services) which has characterised the with international agencies had no response or engagement in the civil emergence of Indonesian civil society. experience of social activism nor struggle for democracy and human ever been employed by an NGO. rights they wondered whether Bambang A Sipayung (bambang@ the outsiders had any interest in jesuits.net) is the project director Coordination meetings were all local knowledge and experience. of the Jesuit Refugee Service the rage. As they were invariably in Aceh (www.jrs.or.id). 10 enhancing southern capacity: rhetoric and reality FMR 28 Duty of care? Local staff and aid worker security by Katherine Haver

Where security considerations compel the withdrawal International staff often fail to realise that national colleagues may find of international aid workers, humanitarian agencies rely it exceedingly difficult to decline increasingly on national staff. Agencies tend to assume potentially dangerous work for that locals are at less risk but this is not necessarily the economic and/or altruistic reasons. case. They have largely failed to consider the ethics of Remote management – a trend transferring security risks from expatriate to national staff. where international staff withdraw or have their movement restricted Since 1997 the number of major acts Too often agencies have not identified when insecurity increases while of violence (killings, kidnappings the specific risks faced by national national staff continue the work and armed attacks resulting in staff. There tends to be a blanket – is increasingly used in places serious injury) committed against assumption that local staff enjoy such as Somalia, Iraq and parts of aid workers has nearly doubled. greater acceptance by the host Darfur in order to continue to reach A recent study by the Center on community and therefore require beneficiary populations despite International Cooperation (CIC) fewer security measures overall. security or access constraints. In some and the Humanitarian Policy Sometimes local staff may benefit cases, international staff continue Group (HPG)1 compiled the most from greater community acceptance to act as key decision-makers comprehensive global dataset to but this may not be the case for a designing and programming the date of reported incidents of major national posted to a distant part of the humanitarian response at a distance violence against aid workers. Overall, country. Also local staff may be ‘too by delegating to national staff, there were over 500 reported acts of local’, assumed, rightly or wrongly, local partner organisations, local major violence against aid workers to be aligned by ethnic or religious government, private contractors or from 1997 to 2006 involving 1,127 affiliation with a party to a conflict. community-based organisations. victims and resulting in 511 fatalities. In some contexts they risk being This avoids the complete closure Violence against aid workers is attacked due to their access to cash of programmes, allows people in most prevalent in Somalia, Sudan, or agency assets, such as computer need to continue to receive aid and Afghanistan, Iraq, the Democratic equipment or vehicles. They also gives agencies profile in crises where Republic of Congo (DRC), Chechnya face a potential loss of income for there may be high media exposure. and the North Caucasus. Most aid themselves and their families should worker victims are deliberately a programme be terminated. Remote management is currently targeted, for political and/or practiced in a way that is ad hoc and economic purposes, rather than being Despite the fact that local staff make unplanned. Few organisations have randomly exposed to violence. up over 90% of all field workers they a specific policy on what security- tend not to figure highly in agencies’ related equipment would be handed The study found that insecurity is not security policies. The study found over to national staff or local partners affecting all institutions in the same a significant discrepancy between when security deteriorates and way. Historically the UN and ICRC local staff and internationals in their international staff have to leave. have endured a greater number of access to security-related training, The practical challenges of remote casualties per staff member in the briefing and equipment. The fact management – less efficient service field than the NGOs. However over that local aid workers are not always delivery, difficulties in ensuring the last four years, international considered when designing security strategic focus and accountability, NGOs have become more insecure policy has negative consequences, and risks of corruption – have not than their UN and ICRC colleagues. not only for local staff themselves been fully thought through. The In addition, international NGOs but for the organisation as a whole. approach is still seen as an option have recently seen their international Local staff possess a breadth of of last resort, to be used in rare staff become safer, while their knowledge and information about situations of high insecurity, but national staff and partners suffer their environs that is often not fully unfortunately such situations are increasing casualties. National staff used by international organisations as occurring with increasing frequency. represent 79% of all victims. For a security resource. This may be due the first time, in 2005 the reported to barriers between international and Part of the reason that local staff rate of incidents against national national staff because of language, security and remote management staff (seven per 10,000 workers) a distrust of national staff for fear are difficult to talk about is that surpassed that of international they may pass information onto practical responses can seem to staff (six per 10,000 workers).2 local belligerents or an otherwise reflect a hierarchy of values placed on dysfunctional organisational culture. different lives: those of international FMR 28 enhancing southern capacity: rhetoric and reality 11 staff, national/local staff and the better. Humanitarian agencies 1. A Stoddard, A Harmer, and K Haver, Providing aid beneficiary population. While these have an equal duty of care to all in insecure environments: trends in policy and operations, Humanitarian Policy Group, ODI, and New York: Center issues are undoubtedly difficult employees, regardless of nationality. on International Cooperation, 2006. www.odi.org.uk/ and ethically fraught issues, not hpg/papers/hpgreport23.pdf addressing them only delays the Katherine Haver (katherine.haver@ 2. This is particularly striking because incidents against formation of clearly communicated, nyu.edu) is a Research Associate national staff are less likely to be reported than those against international colleagues. transparent policies and practical, with the Center on International field-based operational plans. Cooperation, New York University. National and local staff deserve

Responsibility to Protect: lessons from South Kivu by Jaya Murthy

Protection is one of the components of the new UN- when responding to humanitarian 1 crises, especially in situations of led cluster approach in emergency environments. mass internal displacement. As Can the protection cluster mobilise the international a result, in September 2005 the community to protect civilians in areas where states are Principals of the Inter-Agency 5 either unwilling or unable to do so? A pilot project in the Standing Committee established the ‘cluster approach’, assigning Democratic Republic of Congo (DRC) may offer guidance. responsibilities to lead agencies in order to ensure a more predictable In 2001 the International Commission acknowledged international norm. and accountable humanitarian for Intervention and State Sovereignty The latest UN Security Council response in emergencies, particularly (ICISS) published its watershed resolutions (1738 and 1674, adopted those resulting in mass internal report The Responsibility to Protect.2 in 2006) to protect civilians in displacement. The cluster approach The Commission was responding conflict plainly note the international was developed with the intention to former UN Secretary-General community’s responsibility to protect. of providing predictable action Kofi Annan’s challenge to the UN Peacekeeping missions are in analysing needs, addressing international community to chart increasingly being mandated with a priorities and identifying gaps in a more consistent and predictable Chapter 7 mandate4 to aggressively specific sectors. Referring to the course of action when responding protect civilians in conflict. In potential efficacy of the cluster to humanitarian crises, particularly statements to the Security Council approach to respond to protection when humanitarian principles and the former UN Humanitarian issues, UNHCR’s Assistant High notions of state sovereignty are Coordinator Jan Egeland called Commissioner for Protection Erika at odds. ICISS developed a global for more predictability in meeting Feller recently noted that “the ‘cluster framework for the international international R2P obligations approach’… has been formulated as a community to use in determining towards civilians in need. At the means of operationalising the notion its actions against states – including 2005 World Summit all governments of the ‘responsibility to protect’”.6 military deployment – whose civilian clearly and unambiguously populations are suffering grave harm. accepted the collective obligation to protect populations from The protection cluster The Commission’s single most crimes against humanity. in South Kivu important contribution was the reconceptualisation of the core While these developments have The fact that most of the population concept of the international been significant in enabling the of the troubled eastern region of community’s ‘right to intervene’ on international community to pressure the Democratic Republic of Congo humanitarian grounds as, rather, states to exercise their R2P, scant (DRC) are at risk of displacement led ‘the responsibility to protect’ civilian attention has been paid to how the UN Humanitarian Coordinator populations at risk. This change has the R2P can be systematically in DRC to ensure the protection ultimately shifted the focus from structured and employed so that the cluster addressed the needs of those exercising state power to international community can carry it the entire civilian population, not the actual victims of conflict.3 The out at field level. In 2005 UN member solely IDPs. The protection cluster Responsibility to Protect (R2P) notion states called for more predictable, – joint leadership of which was has gained widespread international efficient and effective humanitarian given to UNHCR and to the UN’s legitimacy and is becoming an action and for greater accountability DRC peacekeeping mission 12 enhancing southern capacity: rhetoric and reality FMR 28

torture, forcible organisations to account and to displacement ensure their regular participation. and arbitrary arrest – while n There are shortages of skilled also addressing human resources to provide the widespread effective leadership. structural weaknesses and n There is a shortage of institutional lack of capacity support and high-level guidance of Congolese of the cluster’s operations. institutions (the army, police and judiciary) The way forward to protect civilians. Due The protection cluster has real to the active potential to actualise the international presence of community’s R2P in the field. MONUC the However, it remains unclear how to protection do so as the UN has yet to develop cluster had any detailed institutional rules or a direct line guidelines on how the international of contact community should protect civilian Martti Lintunen with the sole populations. On the basis of entity in the experience in South Kivu, we suggest: Over a two- (MONUC7) – set out to provide a international community able to year period, predictable response to protection use force or the threat of it to deter n the IASC Principals officially this centre in Goma has needs and to identify gaps in violations. The humanitarian-military mandate the protection provided protecting all Congolese civilian cooperation bore many fruits as cluster with responsibility support and populations. Their co-leadership the cluster could access MONUC’s to protect all civilians protection for has matched UNHCR’s political considerable amount of security more than neutrality and significant operational intelligence and directly solicit n developing guidelines detailing 4,000 victims of sexual humanitarian experience with a effective military intervention where how the protection cluster is violence. UN peacekeeping mission with a civilian populations were at risk. responsible to meet all facets of solely politico-military mandate. ICISS’s ‘Responsibility to Protect’ This has created a first-of-its-kind The cluster is tackling the problem of joint leadership responsibility to impunity and the need to promote a n the IASC Principals develop meet civilian protection needs. rights-based culture by building the guidelines to detail how different capacity of Congolese institutions to UN agencies are responsible for In the eastern province of South Kivu respect and enforce the rule of law. the lead of specific groups/issues the protection cluster was initiated UNHCR, with protection cluster (including gender and responses to in February 2006. In the absence of partners, has started training the sexual and gender-based violence) much operational guidance it was Congolese army on human rights within the protection cluster clear that the cluster could only standards and professional military- improve the protection response for civilian behaviour, undertaken n guidelines be developed detailing civilians if all international actors protection monitoring, launched what humanitarian activities with protection activities on the a public information campaign the protection cluster should ground were mobilised and engaged. to disseminate international and pursue to protect civilians in the From the outset the cluster has national legal civilian protection short, medium and long term, involved the participation of almost standards and sought to build including specific attention to all significant international protection the capacity of the judiciary. building the capacity of state actors – including UNHCR, MONUC, institutions to protect their citizens UNICEF, OCHA, international NGOs However, it is apparent that and the International Committee serious challenges remain: n guidelines be developed by the of the Red Cross. Their regular UN’s Department of Peacekeeping participation has enabled the cluster n The cluster lacks capacity to Operations (DPKO)8 detailing to develop into a forum where the respond to the massive scale of what military activities international community is able protection needs in South Kivu. peacekeeping missions should to discuss the protection context The scale of vulnerability makes pursue and how they should in the province, identify existing it impossible for the co-leaders – physically protect civilians protection gaps and needs and UNHCR and MONUC – to develop work to develop a broad-based strategy and lead action to respond n the IASC Principals and DPKO protection strategy. The actors have to every group and every issue. establish guidelines outlining sought to respond immediately to how UNHCR and the protection human rights violations – including n It has proven difficult to hold cluster’s lead agencies for specific rape, indiscriminate killing, looting, specialised non-lead protection groups and peacekeeping missions FMR 28 enhancing southern capacity: rhetoric and reality 13

Responsibility to Protect (March 2004). www.pbs.org/ should collaborate, detailing their focal point for the protection wgbh/pages/frontline/shows/ghosts/etc/protect.html individual strengths and capacities cluster in South Kivu, DRC. This 4. www.un.org/aboutun/charter/chapter7.htm to maximise protection response article is written in a personal 5. The IASC is the primary mechanism for inter- capacity and does not necessarily agency coordination of humanitarian assistance. www. n humanitarianinfo.org/iasc sufficient and skilled staff be represent the views of the UN. 6. Feller, Erika, ‘UNHCR’s role in IDP protection: appointed to lead the cluster opportunities and challenges’, FMR Special Issue 1. See previous FMR articles www.fmreview.org/ and the cluster’s lead groups. Dec 2006, p12. www.fmreview.org/FMRpdfs/ FMRpdfs/FMR25/FMR2531.pdf and www.fmreview. BrookingsSpecial/full.pdf org/FMRpdfs/BrookingsSpecial/06.pdf 7. www.monuc.org Jaya Murthy ([email protected], 2. www.iciss.ca 8. www.un.org/Depts/dpko/dpko [email protected]) is UNHCR’s 3. See Evans, Gareth, Banishing the Rwanda Nightmare: The

Multi-dimensional migration challenges in North Africa by Johannes van der Klaauw

Facing tighter European border controls, increasing numbers asylum and migration management with full respect for human rights of refugees and asylum seekers from sub-Saharan countries principles and based on collaboration find themselves stranded in North Africa. In the absence with relevant national, regional of functioning state asylum structures and with a growing and international stakeholders. UNHCR wants to strengthen the caseload of asylum seekers, UNHCR is working to strengthen protection mechanisms for refugees regional protection capacity, particularly in Morocco. and asylum seekers by developing a legislative and procedural Until 2004 the number of asylum offices and government institutions framework in asylum and refugee seekers approaching UNHCR in and supporting civil society efforts matters, and building capacities North Africa had been modest to assist refugees and asylum among partners in managing – at most a few dozen a year in each seekers. It additionally assessed the asylum process. UNHCR country. Numbers have steadily the role of the media in reporting also seeks to establish burden- increased as a result of persistent refugee issues and, finally, aimed to sharing arrangements promoting conflict and violence in a number strengthen inter-state cooperation solutions for refugees, including of sub-Saharan countries, greater in responding to the humanitarian voluntary return to the country visibility and activity of UNHCR and and protection dimensions of of origin (conditions permitting), imposition of more rigorous border rescue and interception at sea. self-reliance in the host county or controls by European countries. In resettlement to a third country. early 2007 Morocco officially hosted The project was implemented 500 refugees and 1,300 asylum only partially and at a slower rate In Morocco, UNHCR has developed seekers, Algeria 175 refugees and 950 than anticipated, owing to lack of a fully-fledged Refugee Status asylum seekers, Libya 880 refugees consensus in the Maghreb countries. Determination (RSD) procedure and 2,000 asylum seekers, and Tunisia To date the official response of these which is now accepting some 100 93 refugees and 68 asylum seekers.1 governments has been that asylum asylum applications per month. seekers and refugees registered with During 2006, UNHCR processed In response, the European Union UNHCR entered their territory in more than 1,700 asylum applications decided to finance capacity- an irregular manner, having stayed resulting in the recognition of some building programmes in migration in transit in third countries where 350 persons as refugees. A similar management and the delivery of they could or should have sought pattern is developing in neighbouring protection services by governments, asylum. They are considered irregular Algeria where in late 2006 UNHCR international organisations and civil migrants and governments deny started to receive on average 100 society in North Africa. The first that their international obligations to asylum applications per month. project was undertaken by UNHCR protect refugees are put in jeopardy if and a number of NGO partners and they decide to arrest or expel them. In the Maghreb the asylum issue has primarily aimed to analyse the nature tended to become inextricably linked and trends of refugee movements in with the irregular and clandestine mixed migratory flows and the public Developing the asylum process migratory movements affecting policy responses. It also sought to the region. A substantial number develop basic protection mechanisms In the next two years, UNHCR’s of economic migrants approach in the region by enhancing the main objective in North Africa is to UNHCR hoping for protection against operational capacities of UNHCR support comprehensive responses to expulsion. This puts considerable 14 enhancing southern capacity: rhetoric and reality FMR 28

pressure on the asylum process. In response to urgent protection to refugees and asylum seekers, and The situation is compounded by concerns, UNHCR has proposed material assistance to vulnerable cases secondary, irregular movement of the resettlement of a small quota of such as victims of trauma and sexual refugees and asylum seekers from vulnerable refugees to third countries violence, female heads of households first countries of asylum, often for – including southern European and unaccompanied minors. Public a mixture of reasons. Furthermore, states hitherto not designated welfare organisations are including refugees, asylum seekers, economic as resettlement countries.2 refugees and asylum seekers in migrants and victims of trafficking informal education schemes and from one particular country of origin Voluntary repatriation to countries facilitating refugee access to medical tend to intermingle. Developing a fair of origin remains the preferred care and public health programmes and efficient asylum process requires durable solution for refugees yet most such as in HIV/AIDS prevention. a differentiated approach, taking into refugees in the Maghreb countries They are also providing microcredit consideration these complexities. are nationals of countries where schemes and other incentives for conditions are not conducive to refugees to enable some degree of None of the countries in the return (Ivory Coast and Democratic self-reliance. Lawyers are increasingly Maghreb region has established a Republic of Congo). In the case of willing to defend refugees and comprehensive legal framework or a those whose applications have been asylum seekers pro bono in court functioning procedure to deal with rejected, UNHCR wishes to facilitate or to support refugees in lodging asylum and refugee matters, nor their safe and dignified return to their complaints with the police. have they developed the necessary countries of origin, coordinated by institutional and administrative the International Organization for UNHCR in Morocco has obtained capacities to address protection Migration (IOM) in cooperation with the agreement of the Ministry of challenges effectively. As signatories governments concerned. Ensuring Education that all refugee and to the 1951 Convention (with Libya these returns helps to increase asylum seeker children can be a notable exception) they allow authorities’ confidence in the integrity enrolled in public primary school. UNHCR offices to determine refugee of the asylum process and to convince In parallel, NGOs and training status, yet frequently dispute the them to support recognised refugees institutes offer Arabic language results. In Morocco, UNHCR has in their efforts towards self-reliance. classes while the refugee community asked the authorities to approve provides supplementary classes in RSD decisions and to allow these the culture, language, religion and refugees to exercise their rights to The case for partnerships customs of the refugees’ countries residence, access to employment of origin. The refugee community is or other forms of livelihood, and to UNHCR’s support for putting in also setting up its own associations benefit from basic services. UNHCR place an asylum process in each of to defend the rights and promote has also urged the authorities to the North African countries has seen the legal and social protection of establish a functioning asylum encouraging progress in training and refugees and asylum seekers. process, managed by the public support of civil society and NGOs. administration, including registration, In Morocco, in partnership with Notwithstanding these positive documentation, standards and international and national NGOs, developments, much remains to be procedures for RSD and measures UNHCR has organised training done in order to provide refugees to be taken following recognition sessions in international refugee in the North African region with (legal residence and access to law, the application of protection a minimum level of legal security livelihood and services) or rejection elements of the existing immigration and socio-economic well-being. The (assisted return in safety and law, and the provision of legal legal status and living conditions dignity to the home country). counselling and social assistance for refugees and asylum seekers to refugees and asylum seekers. remain precarious, as is also true for undocumented migrants. In Durable solutions NGOs have shown increasing interest the absence of a clear public policy in such training and capacity building commitment and broad societal As part of its search for durable though some are reluctant to support support for the refugee cause it will solutions UNHCR in North Africa is refugees as a distinct group while remain very difficult to find durable promoting the admission and stay of advocating for the rights of migrants solutions for refugees in the region. refugees in the region by establishing generally. Some NGOs do not wish burden-sharing arrangements with to engage in activities aimed at long- There is a clear need for a balanced, all stakeholders. UNHCR supports term stay of refugees in Morocco, positive and informed portrayal refugees in their search for self- claiming that they should not of the migrant and refugee issue reliance by facilitating vocational contribute to a situation which they in the North African media. skills training, microcredit schemes consider to be a result of European UNHCR and our NGO partners and income-generating activities. states ‘externalising’ their asylum are developing a communication As long as the authorities do not process to North African countries. strategy involving various segments recognise RSD decisions, however, of society including youth, women, holders of UNHCR refugee certificates Following initial consultations and schools, employers and trade unions. find it difficult to earn a living. capacity-building activities, NGOs Media professionals could benefit are gradually becoming involved in from exchanging information providing legal and social counselling FMR 28 enhancing southern capacity: rhetoric and reality 15 and analysis, and training, on boundaries as almost all of North African region. In essence, asylum refugee and asylum issues. and sub-Saharan Africa is affected is not the problem in this region but by irregular migration, as are the irregular migration is. The number countries of southern Europe. of refugees and asylum seekers Protecting refugees in broader Policy responses should be based forcibly displaced is modest in migratory movements on cooperation between countries comparison to the much larger flows of origin, transit and destination, of persons migrating in an irregular As refugees and asylum seekers including in matters of interception manner in search of a better life. A are arriving in North Africa within and protection at sea. Where collective effort involving all relevant broader, irregular migratory efforts to put in place protection stakeholders is needed to ensure movements, it is imperative firstly mechanisms in one country are proper management of the migratory to establish mechanisms by which not complemented by similar flows and to do justice to the time- persons in need of international activities in neighbouring countries, honoured tradition of protecting protection can be identified within the result may well be irregular and hosting refugees in the region. these movements; appropriate secondary movement and unwelcome responses can then be made. Efforts pressure on nascent systems. Johannes van der Klaauw (vanderkl@ to put in place a fair and efficient unhcr.org) is Head of Mission for asylum process will bear fruit only if Asylum should be properly UNHCR in Rabat, Morocco. The complemented by measures to find managed as part of a comprehensive views expressed in this article solutions for other groups of irregular framework addressing the key are those of the author and do movers such as economic migrants or challenges of irregular migration. For not necessarily represent the victims of smugglers and traffickers. this purpose, UNHCR has proposed views of UNHCR or the UN. In the absence of an identification a 10-Point Action Plan to address and referral system for all groups, protection imperatives within mixed 1. These figures do not include Palestinian refugees in Libya and Algeria nor Western Saharan refugees in the 3 the nascent asylum system will be migratory movements. This Plan camps in Tindouf, Algeria. at risk of abuse by persons without presents a framework within which 2. Spain and Portugal accepted in total 20 cases resettled a case for international protection. all interested partners can support from Morocco in early 2006. protection capacity-building efforts 3. Available in English and French at www.unhcr.org/ migration/ Protection capacity building should and address the multi-dimensional not be confined within national migration challenges facing the North

Investing for the future: capacity building in Morocco by Mathieu André and France Charlet

In 2006, at the request of UNHCR, the French NGO Forum being constantly monitored. These advances are even more significant Réfugiés led two missions to help strengthen local capacity when compared with the situation of in Morocco to provide legal advice and assistance for asylum refugees in neighbouring countries. seekers and refugees. Is Moroccan civil society committed For 25 years, Forum Réfugiés has system is currently not effective. to defending the right to asylum? helped refugees with housing, Refugees have very little prospect of Following events on the fences health care, information about their integrating into local society since enclosing the Spanish enclaves rights and integration into French they do not have residency permits. of Ceuta and Melilla in October society. Although our lawyers However, the Moroccan government 2005 – during which some 700 have provided training courses for has made some progress, improving Sub-Saharan migrants trying to professionals and volunteers working refugee access to health care, enter Spanish territory were ill- with refugees, we had never before schooling and vocational training. treated and shot by Spanish and been asked to undertake capacity- Despite the fact that asylum and Moroccan gendarmes – many local building activities in another country. migration are sensitive topics for NGOs recognised the urgent need We therefore asked ourselves the government, NGOs are able to to protect migrants and refugees. a number of questions before pursue their activities fairly freely. Over the past few years, community deciding to embark on this project. Even in Oujda, on the tense border NGOs have played a crucial role between Algeria and Morocco, in advising and helping asylum Can Morocco become a country NGO activists are able to provide seekers and refugees. Considerable of asylum? The Moroccan asylum some assistance to migrants despite funds recently allocated by the 16 enhancing southern capacity: rhetoric and reality FMR 28

European Commission have played seekers, translated into French and framework for detention and a significant part in sharpening some English, which sets out who can forced removal, and on how to NGOs’ interest in these issues. claim refugee status and UNHCR challenge decisions in these areas. Rabat’s procedures for determining Could a Moroccan NGO do the status.1 This leaflet is handed out n It is vital to provide the most job better? There are various to migrants by organisations that practical tools for each project. reasons why UNHCR contacted are in daily contact with them. The training evaluations have our organisation. Firstly, asylum revealed that the courses have is a new issue for Morocco and no After evaluating the results of our been most useful when they local NGO has significant expertise first mission, and taking into account provided practical tools for the in this field. Secondly, since 2003 the mandates of the NGOs attending participants: the guidebook for UNHCR has funded Forum Réfugiés our training courses, we honed our asylum seekers in Morocco, to train volunteers to give legal objectives for the second mission. the actual texts of relevant advice to asylum seekers in eastern We decided to focus on combating laws, examples of individual France. And, finally, the Aliens Act refoulement by encouraging a network casework, activity reports, etc. (Loi 02-03) in Morocco is largely of activist lawyers to be set up, and inspired by French legislation. strengthening the capacity of an n Impact has been greater where NGO working on the border between we have been able to set aside Would we help meet real needs? Algeria and Morocco. Having noticed funds to give direct financial There were very few professionals that the guidebook for asylum support to local projects. We among the NGO activists we met in seekers was a useful information and were able to help ABCDS, an Morocco. The topic was relatively new awareness-raising tool, we translated organisation helping migrants on to them and they were keen to know it into Arabic. We also organised the Algerian-Moroccan border more. Most of the organisations we an experts’ meeting on asylum for more than a year with only met said they wanted to improve their with academics and researchers to meagre resources, by funding an knowledge of the legal framework take stock of existing research and office, equipment and two staff for protection. Some NGOs wanted to encourage them to cooperate. In salaries and to provide financial set up legal assistance programmes; parallel, we continued to hold training and administrative training.2 others wanted to improve their courses for lawyers and refugees. social workers’ legal knowledge; n A long-term commitment is and still others wanted to engage in After reflecting on the two missions essential: this is new work for awareness raising and advocacy. we were able to establish a few Forum Réfugiés, and time is key principles of action which will needed to meet the needs of For all these reasons, we came to the guide our future work in Morocco: local organisations working conclusion that we should respond on a relatively new issue. positively to the invitation to build n To encourage participation, it is capacity to help protect refugees in better to offer flexible on-the-spot It is still too early to measure the Morocco. Given the short timeframe training in Arabic rather than impact of these last few months of our first mission, we decided more formal training courses. during which we have offered that our main objective would be Training sessions have been support to organisations with to increase Moroccan civil society’s one-day long, confined to a different mandates but with a knowledge of the legal framework maximum of 35 participants, and shared objective to defend or help for protection. We also chose to limit have involved a wide range of refugees. We have also found that, our action geographically to Tangiers external speakers – from Moroccan in France, the authorities take our and Oujda, two border towns where university professors, lawyers, the expertise even more seriously when access to asylum is particularly International Committee of the Red it is rooted in our experience in pressing; and to the capital, Rabat, Cross, Médecins sans Frontières, the field. We are confident that the where most of the migrants, local humanitarian and human practical tools we have provided asylum seekers and refugees live. rights organisations, a Moroccan to our Moroccan partners will help magistrate and UNHCR staff. them fulfil their crucial role in During the first mission, we organised developing a national asylum system. seven training courses, which n To allay fears about Morocco’s were attended by 160 participants, capacity to be a recipient country, Mathieu André (mandre@ including 35 women, 40 lawyers and we have portrayed the right to forumrefugies.org) and France Charlet 35 refugees. The training courses were asylum as a fundamental right ([email protected]) are tailored according to the different in the Universal Declaration on in charge of the capacity-building audiences and each NGO’s mandate Human Rights and have insisted missions in Morroco at Forum but we focused on international on migrants’ fundamental rights. Réfugiés (www.forumrefugies.org). and national refugee law, UNHCR’s Given the fact that refugees and mandate and the different steps asylum seekers are not granted 1. Available at: www.forumrefugies.org/pages/action/ action_internationale/actions_internationales.htm involved in determining refugee leave to remain in Morocco, 2. This structure was extremely useful at the end of 2006 status at UNHCR’s office in Rabat, which puts them at risk of following a large number of removals of asylum seekers and different ways to advise and removal, the lawyers and legal and refugees recognised by UNHCR. assist asylum seekers and refugees. advisers were particularly grateful We drafted a guidebook for asylum for information on the legal FMR 28 enhancing southern capacity: rhetoric and reality 17 Participatory capacity building in action in Colombia by Josep Zapater

The south-western Colombian department of Nariño has built on consensus and beneficiary developed an innovative, demand-led and participatory participation with a permanent technical team and a strong network initiative for the local integration of IDPs. The long- of allied institutions. UNHCR term sustainability of such partnerships between local finances the technical team and the administrations and grassroots communities hinges on ability departmental government provides to influence national and international financial flows. office space and institutional backing. With its strong local flavour, demand- As a result of protracted internal concrete strategies for project based character and participatory conflict, Colombia is home to one of and beneficiary selection, IDP decision-making structure, PIUR does the world’s largest IDP populations, participation – and fundraising. not conform to the usual durable estimated by the Colombian solutions strategies preferred by government to be 1.9 million1 and In October 2004, more than 100 the Colombian government and by the UN and NGOs to be more representatives of local government, such donors as USAID or the EU. than three million.2 Nariño, a NGOs, international agencies These typically include either well- department on the Pacific Ocean and IDPs gathered in Pasto, the defined sector-based programmes, bordering Ecuador, is host to at least departmental capital, to discuss with little scope for integration or 59,000 IDPs displaced by conflict. key questions relating to the flexibility, or multi-purpose funds Most IDPs live in urban centres initiative. These focused on PIUR’s with centrally designed financial and suffer unacceptable levels of underlying principles, financial and coordination rules which grant overcrowding and malnourishment. implementation, partner and little decision-making power to IDPs beneficiary selection criteria, project or local coordination structures. Realising that return is unlikely implementation and coordination, It is interesting to contrast the to be a realistic option for a long beneficiary participation, follow-up, significant interest shown by the time, the departmental and national evaluation and sustainability. IDP Colombian state in funding this governments, with UNHCR support, participation at all levels of discussion demand-based initiative with the decided to develop a strategy for local and planning was ensured by the lukewarm support offered by integration of IDPs. The resulting Mesa Departamental de Poblacion the international community. initiative – Plan Integral Unico de Desplazada de Nariño4 and its Restablecimiento (PIUR)3 – aimed to more than 40 affiliated associations. assess needs and develop a structure The Mesa Departamental, an Participation and for project design, fundraising umbrella IDP organisation, was empowerment and implementation, focusing on formed in 2003 with support from housing and income generation. UNHCR and the Colombian NGO The PIUR has a number of internal IDP participation was to underpin Corporación Opción Legal.5 weaknesses. It needs more long-term the initiative from the start. projects and in-depth feasibility The results of the workshop studies, less delay between project In 2002 the departmental government were presented to the national design and implementation and organised a series of roundtables government and the international better evaluation mechanisms. It to undertake participatory community in Bogota in June remains, however, one of the most needs analysis with IDPs in ten 2005.6 The Colombian government principled and successful IDP municipalities. UNHCR was then immediately pledged $700,000. programmes in Colombia. Above all, asked to hire and train a technical it successfully showcases effective team to develop potential projects By the end of 2006, PIUR had capacity building, participation based on the needs identified by attracted $4.2 million for housing and use of local knowledge. IDPs. By 2004 more than 100 projects and income generation, 77% from had been designed, with significant Colombian public funding, 19% The PIUR process in Nariño clearly financial pledges by municipal and from the international community demonstrated the IDPs’ preference departmental authorities. However, and 4% from the beneficiaries for local settlement rather than return despite lobbying of national and (mostly in the form of work and and has thereby shaped durable international authorities and soft credits). To date, 1,025 IDP and solutions policies in the department. donors, no additional funds were 353 vulnerable local families have PIUR’s participatory approach secured. This led the departmental benefited from the initiative. PIUR has also served to legitimate and government and UNHCR to create is now a nationally recognised empower IDP associations. Through a more ambitious framework with durable solutions programme building participatory projects and 18 enhancing southern capacity: rhetoric and reality FMR 28

raising significant resources PIUR start working together. The presence development plan and budgets. The has shown IDP communities that of a full-time team dedicated to raising PIUR team continues to be financed the hard and sometimes thankless national and international funds gave by UNHCR rather than being self- work of community organisation the local mayors and the departmental supporting. While the departmental can pay off. At the same time, IDP government the confidence to make government provides office space and organisations have played a no important financial commitments logistics, none of the most relevant less important legitimising role. – almost 20% of the total raised to date. ministries – such as agriculture or PIUR’s most convincing argument to Some mayors, who in previous years planning – provides permanent staff prospective donors has been the fact included a token $8,000 for IDPs in resources. The October 2007 local that it is grounded in consultation and their budgets, more than trebled their elections may bring in a government beneficiary participation, from needs contributions. In Pasto, a generous with less commitment to provide identification to strategic design. land donation by the Catholic church institutional and financial support. and the financial commitment of the Aside from UNHCR’s ongoing The relationship between PIUR and local government enabled a housing involvement, hope now lies in the the IDP associations has not been project for 203 vulnerable local strong lobbying capacity of the IDP without disagreements. PIUR’s fiercest and IDP families. The government associations – underlining the linkage critics have been IDP leaders. Given of one of Colombia’s poorest between beneficiary participation that the programme does not have departments is now among the biggest and sustainability of capacity- its own resources, frustratingly long contributors to IDP programmes. building initiatives – and in PIUR’s delays sometimes occur between high local and national visibility. needs identification and project implementation. IDP leaders have on Sustainability PIUR illustrates the tension between occasion complained that their role participatory, demand-driven and diminishes once beneficiaries have Early hopes that the international rights-based durable solutions and been identified and projects started. community would finance 70% of the inflexibility of current systems The PIUR team tried to overcome PIUR’s costs have been dashed. The for policy design and financial this in some municipalities by having most important financial partners disbursements. In relatively projects assigned to particular IDP have been the national urban sophisticated state bureaucracies associations as beneficiaries. However, and rural housing programmes, – such as Colombia – humanitarian this introduced a prerequisite to be providing 38% of the funding. The policies will inevitably be based part of an association in order to most reliable partners – despite their on established administrative benefit from a PIUR project. At the limited financial resources – have structures and regulations. The same time, IDPs started to desert been the local authorities who have success of initiatives geared towards those associations whose projects had unconditionally provided almost building the planning capacity of poorer prospects of being financed 20% of funds secured. The weakest local administrations and grassroots and to join others seen as having responses have come from the communities will depend greatly better prospects. The approach was international community – 18.5% on their ability to tap into national abandoned in favour of selecting – and from the leading national and international funds. The relative beneficiaries on an individual or government institution for IDP issues success of PIUR demonstrates how family basis and according to strict and income generation (Acción Social) local administrations with deep-rooted criteria of vulnerability, rights violated – 16.5%. This pattern indicates how participatory traditions and grassroots and ability to implement the project. highly centralised and sector-based associations can implement demand- New difficulties arose as some families policies may undermine demand- based programmes when they strike saw the projects as more useful foci of based and participatory efforts. an effective alliance. PIUR offers social organisation than the existing Strengthening sectors should not be the donor community in Colombia IDP associations. At the same time, at the expense of more integrated food for thought about the best ways while PIUR has empowered IDPs programmes. International donors to maximise impact and promote in general, its impact on internal should be less wedded to inflexible sustainability of humanitarian policies. democratisation and participation in regulations and financial cycles. PIUR the IDP associations is very difficult clearly complies with international Josep Zapater ([email protected]) to measure. All these matters are the standards for durable solutions was head of UNHCR’s Field Office object of lively discussion among the programmes, based on participation, in Pasto, Colombia, and is now a PIUR team and the IDP associations. rights-based programming, local UNHCR Protection Officer in Herat, leadership and financial commitment. Afghanistan. UNHCR’s December The numerous meetings at municipal International donors and central 2006 report on Colombia is at: www. and departmental level necessary government need to be more unhcr.org/home/PUBL/455443b311.pdf to build consensus around PIUR responsive. Only a strong and flexible 1. www.accionsocial.gov.co/contenido/contenido.aspx?cat programmes and methodologies, financial response may sustain IDP ID=383&conID=556 though occasionally seen as participation and motivate local 2. Colombia country report, Internal Displacement burdensome and bureaucratic, authorities both to implement high- Monitoring Centre www.internal-displacement.org revitalised dormant coordination quality planning and programming 3. http://despnar.idsn.gov.co/articulos-noticias/documento- piur.pdf structures, helped build awareness and to accept IDP participation. 4. www.disaster-info.net/desplazados/informes/narino/ among officials previously informet025/index.htm uninterested in IDP matters and PIUR has not been integrated 5. www.corporacionopcionlegal.org 6. www.despnar.idsn.gov.co/articulos-noticias/documento- enabled local institutions and NGOs to into the departmental multi-year piur.pdf FMR 28 enhancing southern capacity: rhetoric and reality 19 Post-war Liberia: healthcare in the balance by Katharine Derderian, Helene Lorinquer and Stéphan Goetghebuer

In the aftermath of conflict, people’s health and their in June 2006. Since then, the situation at Redemption has deteriorated ability to survive remain fragile, while basic infrastructure considerably. There are major may be weak, damaged or non-existent. Serious gaps staffing gaps as the management emerge at the crucial juncture between emergency relief cannot afford to pay decent salaries. and development aid, with few available and affordable Patients have to purchase their own drugs outside the hospital, and health services to respond to still urgent medical needs. fees for services and drugs have been re-introduced. As a result, the Working in many such post-crisis which sectors should be supported, number of patients has dropped contexts, Médecins sans Frontières the amount and duration of aid and dramatically from 1,200 inpatient (MSF) witnesses the ongoing the policies connected with assistance. admissions per month in 2005 to risks to the population’s health in Yet health often risks being omitted currently negligible levels of bed the aftermath of emergencies. As from policy-making and donor occupancy. During the transition transition and reconstruction phases agendas. The draft agenda of the phase, if no alternatives could be begin and humanitarians give way long-awaited Washington Donor found for Redemption, the only to development actors, government Conference on Liberia in February Ministry of Health secondary health and donor priorities shift. During 2007 did not even include health care. care structure in Monrovia, Liberia’s this transition, health care is too capital, the situation could only be often in danger of falling off global Health care becomes increasingly worse in other areas of the country. policy and donor priority lists, even complicated once an emergency as the lives and health of vulnerable has passed and policies of free Financial and other barriers populations remain in the balance. care and support for secondary must be lifted to ensure Liberia’s health care facilities are no longer population can access medical Liberia is but one example of many. a given. In MSF’s experience, the care. The key will be to continue After fourteen years of civil war, the introduction of the principle of cost providing a package of essential population remains in a precarious recovery and the withdrawal of medical services free of charge state. Three quarters of the population support from secondary health care throughout the transition period. survive on less than $1 a day and structures in the name of government Asking the country’s vulnerable, 23% of children die before the age of responsibility and ‘sustainability’ violence-affected population to pay five. Interviews with patients at MSF- greatly impact the ability of for urgently needed health care supported clinics on Bushrod Island vulnerable and conflict-affected only erodes their still-fragile coping in Monrovia – which has a population populations to access medical care mechanisms. It also risks contributing of around half a million – revealed in the aftermath of a crisis. We saw to their impoverishment and that over half of them had had only first hand the disastrous effects of the blatantly contradicts international one meal the day before consultation. introduction of user fees in Liberia concerns for poverty reduction. 36% had no direct source of income, in 2001-02, which resulted in an up while the average income of the to 40% drop in attendance at MSF- The Liberian government has remaining 64% was under $0.30 supported facilities in Monrovia. demonstrated its commitment by per person per day. With poor When fees were suspended in increasing the allocation for health access to water, latrines and health 2003, we saw a 60% increase in to $10m in its 2007 budget. The services, communicable diseases are consultations. This cancellation of Ministry of Health has also expressed widespread – particularly respiratory fees impacted not only on curative its willingness to work toward the infections, malaria, diarrhoea and services but also on attendance provision of a basic health care skin infections. The two MSF clinics in rates for preventive services like package to the entire population, the area handle 20,000 consultations vaccination. The people of Liberia while maintaining free care for all, at per month, including deliveries. simply do not have the means to least throughout the transition phase. 77% of all medical care in Liberia is pay for their own health care. As the transition phase advances, currently provided by international humanitarian funding for health NGOs and faith-based organisations. Redemption Hospital is one of care in Liberia will dry up. As an Monrovia’s main public hospitals, emergency organisation, MSF will The government, international donors with a 150-bed capacity. After now reduce its activities after 17 years and other decision-makers confront six years of support and a final of intervention in-country. Faced with enormous and competing needs renovation and expansion, MSF the ongoing dire health conditions in during the reconstruction phase. completed a gradual hand-over of the country, in an exceptional move Many questions remain open about the facility to the Ministry of Health MSF decided to remain engaged in 20 enhancing southern capacity: rhetoric and reality FMR 28

Liberia at least until the end of 2008 materialise to address the undeniable Advisor for Policy Issues, Helene to ensure the provision of decent and medical needs in Liberia. After Lorinquer (helene.lorinquer@msf. accessible basic health care through years of war, Liberia’s population be) is Coordinator of the Analysis Ministry of Health structures. deserves more than second-class and Advocacy Unit and Stéphan assistance. Its 3.5 million people Goetghebuer (stephan.goetghebuer@ External aid will be vital to ensure challenge international commitment msf.be) is Operational Coordinator that the Ministry of Health has the to avoid the pitfalls of other transition for West Africa at Médecins Sans capacity to match its ambition to countries and to choose to do better. Frontières Operational Centre, continue to provide basic health care Brussels (www.msf.be). for the population. It remains to be Katharine Derderian (katharine. seen if international support will [email protected]) is Humanitarian Building capacity in Sierra Leone by Lina Abirafeh

Capacity building is a catchy phrase, suggesting n encourage structural reforms in the health and legal systems ideals of national ownership and strengthened local to improve survivors’ access to institutions. But how can we avoid it being a North-driven, the existing justice system patronising and unidirectional transfer of knowledge? n advocate for and support longer- term efforts for legislative Proponents of capacity building often was a high incidence of sexual reform aiming to enhance and assume there is no capacity to start assault against women and young protect women’s rights. with and that only after a North- girls. Return of peace has not meant South transfer of know-how can that women and girls are safe from Centres in the capital, Freetown, locals stand on their own feet. Few sexual assault. GBV remains a major and the cities of Kenema and development agencies understand public health and social problem. Kono provide free medical and the level of effort and commitment In support of efforts to sustainably psychosocial and legal support to it takes to effectively build capacity address GBV and to bolster the around a thousand survivors of and the contextualised understanding recovering state’s ability to do so, sexual violence. Most recent new that must underlie any effort to add the International Rescue Committee clients have sought support because to pre-existing capacity. Agencies (IRC) has partnered with the Sierra they have been raped. The majority are often tempted by the prospect of Leonean government to support are six- to fifteen-year-old girls. donor dollars for capacity building, sexual assault referral centres – The youngest was a two-month- yet ignore the real work that has to be locally referred to as ‘Rainbo’ Centres old girl raped by a neighbour. done once funding has been secured. – and to holistically address GBV issues in the country. This includes The Rainbo Initiative is an innovation Given the vogue for capacity building, not only prevention and response to in the field of sexual assault response the International Rescue Committee’s sexual violence but also advocacy, services. More innovative still decision to employ a consultant to legal reform, data collection and – of is the plan to embed the Rainbo advise on building local capacity course – capacity building to provide Initiative in national structures, to address gender-based violence full support to survivors of GBV. allowing the government to take (GBV) was hardly surprising. What ownership of the initiative. was a pleasant surprise, however, The Rainbo initiative has sought to: when I was offered the job was their Given the success of this initiative decision to start by undertaking n respond to the multiple needs and the scale of ongoing needs an extensive capacity assessment. of survivors of sexual assault throughout Sierra Leone, IRC has This may seem commonsense but, through direct service delivery been determined to help build the sadly, is all too often overlooked. capacity of national institutions to n raise awareness and educate assume leadership. Scaling up Rainbo the community and all partners will require strengthened government The Rainbo Initiative about sexual assault and other institutions, a national sexual forms of gender-based violence assault network, joint advocacy and During Sierra Leone’s 11-year civil shared learning. IRC has sought war – which ended in 2001 – there to create a multi-stakeholder body FMR 28 enhancing southern capacity: rhetoric and reality 21

comprised of government and civil and community development. “The Rainbo Centre is ours. We are society. In November 2006 a multi- Respondents rank their abilities on a Sierra Leonean. So we are concerned agency National GBV Programme sliding scale from ‘expert’ to ‘in clear about the existence of the Centre. We Coordination Committee (N-GBV-C) need of capacity building’. We then want it to continue.” was set up, bringing together five proceed to carry out long interviews ministries (health, social welfare, using open-ended questions. Ministry of Social Welfare staff in gender and children’s affairs, Participants can use this opportunity Kenema justice and education), human to speak freely about the issues, rights organisations and several strengths and challenges of forging Beyond a buzzword?

Capacity building is not a box to be ticked in order to satisfy a donor but a long-term process that requires significant resources. Most of all, it entails a willingness to let go, trusting that those whose capacity is being strengthened have the ability to be flexible and to continue to make a difference long after international agencies and their funds have moved elsewhere. GBV is a crucial arena for capacity building, and IRC and its dedicated local staff are well placed to ensure that survivors receive the highest standard of service. The Rainbo Initiative is complemented by other aspects of IRC’s Sierra

Lina Abirafeh Leone GBV programme dealing with domestic violence, forced marriage and other forms of violence international NGOs. The N-GBV-C is a national approach. The fifth and against both women and men. seeking to develop new sustainable final phase of assessment tests actual methods of integrating sexual assault organisational and technical skills In Sierra Leone, as elsewhere, referral services and activities into in order to provide evidence of their capacity building for GBV support the public health care system and actual skill and on which to design must combine organisational and other national structures. The N- capacity-building programmes. technical skills and address the GBV-C ensures that the complex attitudes and beliefs that could help needs of sexual assault survivors IRC realises that capacity building is or hinder service provision. I have are adequately addressed by a major commitment requiring long- worked to help build capacity of promoting long-term ownership term investment. The programme local actors in Afghanistan, Morocco of project activities and gradually is expected to last for five years, and Bangladesh. The approach taken assuming managerial responsibility at which point the N-GBV-C will by IRC in Sierra Leone is the most for the Rainbo Initiative. have assumed leadership not robust and well-planned I have only of the Rainbo Initiative but come across. To use a Krio saying: also of a larger GBV programme Plenti Wok Fo Do (There is a lot of Assessing national capacity serving all of Sierra Leone. IRC work to do) – and we stand to learn is pioneering a GBV certification just as much as we have to offer. Assessments began with a capacity- programme which could lead to a building questionnaire offering nationally recognised qualification Lina Abirafeh ([email protected]) respondents – government and civil in Sexual Assault Prevention and recently completed work as the GBV society partners – the chance to Response. The programme will Capacity Building Consultant for speak freely about their strengths include core competencies required the International Rescue Committee and weaknesses. Respondents to meet survivors’ many needs with in Sierra Leone. Now Senior Gender assess themselves as well as the compassion, respect and relevant Advisor with AusAID in Papua New organisations they represent. We medical, legal or psychosocial Guinea, she is finalising a PhD at the have used an observational checklist help. This includes training in case London School of Economics on the to examine both technical and management, HIV/AIDS, referral effects of gender-focused international organisational capacity – including pathways, psychosocial support, aid in post-conflict contexts. motivation, environment, training, basic medical needs and much monitoring and evaluation, more. The training required is For further information about strategic planning, understanding rigorous and detailed – and needs Rainbo, see Amie-Tejan Kellah, of GBV, case management, referral to be extremely well administered. ‘Establishing services in post-conflict protocols, vicarious trauma, formal This will also serve as a model Sierra Leone’, FMR27 www.fmreview. and traditional legal systems for other West African states. org/FMRpdfs/FMR27/35.pdf 22 enhancing southern capacity: rhetoric and reality FMR 28 An African perspective on capacity building by Naomi Pardington and Melanie Coyne

What does institutional capacity building (ICB) mean for often participating as the only African organisation, and sometimes the southern-based NGOs? What are the ICB challenges they only southern-based organisation. face? Most importantly, what are the impacts for the This is a regrettable reflection of the beneficiary populations? current status of the relationship between northern and southern Africa Humanitarian Action has its are incurred. Capacity building is a partners, especially at a time when headquarters in Addis Ababa and is long-term process requiring sustained ‘ownership’, ‘partnership’, ‘grassroots operational in 11 African countries.1 commitment. Unfortunately, funding development’ and ‘sustainability’ are We see ICB as the enhancement of an is often only granted on a short- repeatedly encouraged. AHA wants to organisation’s governance structures term basis and tied to particular see greater representation and active and mechanisms, management programmes of service delivery, involvement of African and other practices, effectiveness in resource leaving agencies little room for southern-based actors within forums, mobilisation, human resources manoeuvre for ICB and organisational networks and working groups. coordination and support, and development. Thus, for example, standard of service delivery, external AHA – now UNHCR’s fourth-largest South-South linkages are equally relations, monitoring and evaluation. implementing partner – is subject important and also require funds. As This list is by no means exhaustive. to 5% overhead limits imposed by part of its commitment to capacity the agency. Such constraints have a building and strengthening the ability Capacity building is imperative for direct impact on the ability of African of southern-based organisations to African NGOs if they are to improve NGOs to meaningfully address their respond to humanitarian crises, AHA their sustainability and accountability ICB needs. Donors need to be more is working with others to strengthen and to gain more independence. accountable and generous, not just South-South relationships between This is even more important as the in the amounts they give but in the organisations. As a member of the international humanitarian community manner in which funds are allocated. Overseas Development Institute’s embarks on a period of reform. It Civil Society Partnerships Programme2 is essential that southern-based AHA is helping to encourage greater organisations are at the forefront Two-way process involvement of southern partners of change in order to bring about and to establish a worldwide network a more equitable relationship with There is a tendency within the community of practice for think- their northern counterparts. AHA discourse on capacity building to tanks, policy research institutes envisages African NGOs not merely assume that it is something that is and similar organisations working as being implementing organisations ‘done’ to indigenous organisations in international development. in receipt of funding but as key agents by their northern partners, to for transformation. It is their local enhance their effectiveness in service The multiple financial and logistical knowledge, skills and experience delivery and development. There constraints facing indigenous NGOs in which place them in a unique is an unspoken implication that capacity building are set to remain as position to respond to the diverse African organisations are passive long as southern organisations remain needs of beneficiary populations. actors in this process and that there subject to project-based agendas. For is a lack of capacity inherent in their thirteen years AHA has struggled, organisations. This presents a limited with increasing success, to overcome No cheap option view of African organisations and these obstacles. However, our efforts fails to acknowledge their capacities. and those of similar southern-based It costs money for southern-based humanitarian actors cannot be fruitful NGOs to review existing practices, Large international agencies also unless change also occurs on an identify gaps and weaknesses, require capacity building and southern international level. Ultimately it is recruit, retain and train staff to NGOs can be uniquely placed to help affected populations who stand to required standards and improve sensitise them to local contexts and gain from having stronger and more communication systems. Proposal local ownership, raise awareness of able indigenous organisations. writing, the development of new the importance of a participatory programme areas and improving approach and enhance their ability to For more information please monitoring and evaluation link short-term emergency relief with contact Naomi Pardington, mechanisms are time consuming. long-term development. Unfortunately, AHA’s Communications and When external expertise is sought there are few opportunities for such Outreach Officer: communication_ or staff have to travel to participate contact. The past year has seen AHA [email protected]. in training events or meetings of attend a diverse range of meetings, coordination networks, further costs workshops and conferences, very 1. www.africahumanitarian.com 2. www.odi.org.uk/cspp FMR 28 enhancing southern capacity: rhetoric and reality 23 Return of qualified Sudanese by Lindsay T McMahon

With the signing of the Comprehensive Peace Agreement in January 20051, the new Government of South Sudan began preparing for return, RQS is now to call for the return of the millions of South Sudanese IDPs expanding to meet severe human and refugees. The International Organization for Migration resource deficiencies identified in (IOM) has developed a programme to help them do so. health, agriculture and infrastructure. RQS will seek to strengthen Sudan’s private sector development by The reintegration of so many IOM has developed the Return and placing qualified Sudanese in Sudanese returning to still devastated Reintegration of Qualified Sudanese private sector enterprises and by areas in the South poses great (RQS) programme. Starting in 2006 supporting entrepreneurial Sudanese challenges. Basic social services in and continuing over an initial three- who wish to return to Sudan to year programme period, this start up independent ventures. IOM programme – funded by Sudanese refugees greet DANIDA, the Danish government Lindsay McMahon (lmcmahon@ family and aid and development agency – is iom.int) is the Coordinator of friends they assisting public sector institutions the RQS Programme and other have not seen and private enterprises in Migration for Development in some cases Sudan to meet critical human initiatives undertaken by IOM for 20 years. resource gaps by facilitating the Sudan. For further information, permanent or temporary return please contact Simona Opitz, PI and reintegration of Sudanese Officer, IOM Sudan ([email protected]) nationals who have the skills and expertise needed to deliver 1. See FMR24 www.fmreview.org/sudan.htm essential services, build capable institutions and encourage

UNHCR/H Coussidis domestic and foreign investment I am from Eastern Equatoria, from in Sudan. To do this, RQS recruits Lopaw payam in Torit county. I came skilled Sudanese who are eager to Khartoum in 1996. I was eleven South Sudan are wholly inadequate to return home from among the years old at the time. I had the to meet the needs of the population, IDPs in northern Sudan, refugees in chance to go to school in Khartoum raising concerns for the wellbeing of neighbouring countries and diaspora and later studied to become a pre- residents and the growing number populations in the Gulf, Europe and school teacher. I also did teacher of those returning. The civil war’s North America. RQS collects details training courses in community devastation of the South left few on the skills needed as well as the development, physical education, schools, health clinics or water and job vacancies that public and private child protection, early childhood sanitation facilities intact, and few sector employers in Sudan need development, music and movement residents with the knowledge and to fill for sustained development. and a variety of other subjects. experience to operate what facilities RQS then matches prospective I am going to fly back to Torit via Juba remain. The war decimated the candidates’ qualifications with with members of my family. Apart South’s agriculture base and left the potential employers’ requirements. from teaching, I see myself assisting region with virtually no productive Once candidates receive and have in improving pre-school education activity. Trained and experienced accepted a job offer, IOM facilitates in the Torit area, because early civil servants, teachers, health candidates’ return to their place of childhood learning is very important. I workers, agricultural workers, origin or employment in Sudan, have experience. I have already been vocational and skilled labour are and supports each returnee’s involved in setting up a school in the El all in short supply. Resident and reintegration through provision Salaam camp for internally displaced returning Sudanese will continue of a customised reintegration persons near Khartoum, where we live. to face severe difficulty in accessing package and support services. I can help. I have the teaching material essential services, including health and the know-how and also the and medical care, education, water In its pilot phase, RQS focused on experience with getting funds from and sanitation unless an adequate returning qualified teachers living NGOs. I can do my share to improve supply of qualified labour is available in North Sudan as IDPs back to the situation in Torit. I keep telling my to meet growing demands for schools, many newly built, in the colleagues in the camps in Khartoum: knowledge, expertise and experience. South Sudan states from which “What are you still doing here? Let’s they had fled. Having successfully go and build up something for future Building on similar programmes returned fifty teachers with their generations in our home areas.” successfully implemented in Bosnia- family members, and with several Luca George Kidi Herzegovina and Afghanistan, hundred more registered and 24 enhancing southern capacity: rhetoric and reality FMR 28 Capacity development from the inside out by Anisya Thomas and Desiree Bliss

In 2004, the leaders of 15 African Red Cross and Red objectively assess NEPARC members in the areas of a) transparency, Crescent (RC) Societies and staff from Fritz Institute met in accountability and governance, Johannesburg, South Africa, to further the growing belief that b) financial sustainability and c) Africa’s humanitarian problems cannot be solved from the programme effectiveness. Not only outside in. would this ‘audit’ identify soundness of governance, capacity deficits and patterns in capacity or lack thereof The African leaders spoke frankly Auditing capacity across organisations and countries about the failure of current but it would also create a common humanitarian assistance in Africa. Capacity development should be reference point and vocabulary In their view, the most significant driven by southern organisations, for NEPARC members and their challenge facing them was their with donors and partners acting donors, enabling peer mentoring inability to generate funds to support as enablers. This approach should and the sharing of good practice. their core personnel Dr Awori, and infrastructure The first to be Vice President costs while still implemented was an of Kenya, being expected to audit in transparency, presents the Fritz award of implement large front- accountability humanitarian line programmes and governance, excellence to effectively. With undertaken by the SGS Paul Birech, inadequate Group – the world’s President of infrastructure, they leading inspection, the Kenya Red Cross. could not attract or verification, testing retain top talent or and certification provide the quality company – using their of reporting required NGO Benchmarking by donors. This in Standard tool.2 turn led to lack of Fourteen NEPARC trust from donors members have who often insisted participated to date, on costly oversight, three of whom have often patronisingly since participated provided by junior a second time. Fritz Institute Fritz or inexperienced Members learned that expatriates. They although they have also felt that as common commitment, African humanitarian leaders they be paired with the creation and vision and project and field-level did not collaborate enough with deployment of mutually agreed operational experience they also share each other or share lessons learned. upon, objective standards that enable weaknesses – uncertainties about the gaps to be identified, solutions role of boards of trustees, inadequate In Johannesburg they established a developed and evidence of capacity or absent codes of conduct and network called the New Partnership demonstrated to all stakeholders. inability to ensure field experience for African Red Cross and Red Finally, there should be an effort to feeds into improved practice. Crescent Societies (NEPARC).1 share knowledge and lessons across NEPARC’s vision is to be a network of various organisations facing similar The overwhelming feedback from excellence – its mission that members issues in order to facilitate peer members who have participated in take charge of their own destiny, learning and mentoring as well as to the first audit suggests that valuable mutually support each other and indicate which approaches to capacity learning has emerged. At the 2006 develop a common voice in serving development work and which do not. NEPARC General Assembly the the continent’s most vulnerable Uganda Red Cross Society said people. The founding members of Fritz Institute developed a model of they had hosted a governance and NEPARC invited Fritz Institute as humanitarian excellence – focusing management retreat following its a neutral non-profit organisation on the core challenges expressed initial transparency, accountability to be its enabling partner. by NEPARC members – in order to and governance audit. At the retreat, FMR 28 enhancing southern capacity: rhetoric and reality 25

General openly “NEPARC is providing African discussed how National Societies with the his organisation opportunity to demonstrate our discovered that they credibility to our partners, shared many of the governments and societies. The same challenges network has prompted us to seek faced by African out resources within our own organisations. countries, as sustainability is a core value that NEPARC is fostering.” In 2007 Fritz Institute Tom Buruku, Chairman, and KPMG Kenya Uganda Red Cross Society developed the second audit tool to “Every time I have the opportunity to assess organisations’ recommend NEPARC to other African financial National Societies, I tell them that sustainability. the audits are not sanctions; rather, The sustainability the audits provide an opportunity assessment tool for Societies to demonstrate where includes assessment they have been, where they are of an organisation’s and where they should be.” diversity of funding Monique Coulibaly, President, Red sources, relationships Cross Society of Côte d’Ivoire with stakeholders and whether the Monique “The Sustainability Assessment tool Coulibaly, organisation has provided our organisation with the President, Red the necessary Cross Society opportunity to analyse the diversity skills, experience of Côte of our funding sources and reflect and training to d’Ivoire, at on our core costs; as a result of 2006 General develop an effective our participation in the pilot, we Assembly in

Fritz Institute Fritz fundraising strategy. are developing a master resource Addis Ababa, The audit tool was Ethiopia. mobilisation plan that will enable us developed in close to reach our long-term objectives.” they developed a code of conduct cooperation with the Ethiopian Red Fernanda Teixeira, Secretary General, for the board and management, Cross to ensure applicability across Mozambique Red Cross Society created conflict of interest policies the NEPARC network and is being and procedures and conducted refined through the participation a comprehensive policy review of the Mozambique and Uganda Conclusion engaging all of its branches. Uganda’s Red Cross organisations in pilot efforts to address its weaknesses audits and feedback sessions. Fritz NEPARC is by no means a proven were awarded with an increase Institute has also begun working model and only time will tell if it in its audit score of almost 15% on a tool for assessing programme can permanently enhance capacity. between its first and second audits. effectiveness, the third audit. The benefit of this model is its ability to highlight the strengths Similarly, the South African Red Four new members have joined and weaknesses of its members, Cross Society hosted a workshop on NEPARC – Burundi, Cameroon, providing each organisation with resource mobilisation, a weakness Ghana and Mozambique – and it practical data on which to develop identified by the audit which is expected that the network will its own strategy to build capacity. stressed the need for a formalised grow to 25 members by the end of Changes within organisations can fundraising policy and a long-term 2007. Two meetings have been held, then be made according to their own strategy for resource allocation. an executive director hired and a priorities and timetable and with They failed the initial audit but felt newsletter established. Members partners of their own choosing. that their participation in it had have convened meetings in advance helped them identify weaknesses of wider Red Cross Movement policy Anisya Thomas (anisya.thomas@ and prioritise areas for improvement discussions to share views and arrive fritzinstitute.org) was Managing – enabling them subsequently at a common position. Participation Director of Fritz Institute until July to pass the second audit. in the audits has facilitated NEPARC 2007. Desiree Bliss (desiree.bliss@ members’ local fundraising efforts fritzinstitute.org) is a Program NEPARC members challenged their and enhanced the credibility of Manager at Fritz Institute (www. donors in the Red Cross Movement members. Organisations unable to fritzinstitute.org). Fritz Institute works to undertake the audits themselves meet the audit threshold the first to enable preparedness and effectiveness in order to appreciate the rigour of time can now present coherent in humanitarian relief through the the process and to develop a common arguments for soliciting funds for creation and deployment of appropriate vocabulary around capacity. The local capacity development. processes, systems and standards. Spanish Red Cross took up this challenge in 2006 and its Secretary 1. www.fritzinstitute.org/neparc/neparcIndex.htm 2. See www.sgs.com. 26 enhancing southern capacity: rhetoric and reality FMR 28 Bold advocacy finally strengthens refugee protection in Kenya by Eva Ayiera

In November 2006, after 15 years of consideration, the periphery of Kenya’s growing refugee crisis. However, the scope of Kenyan Parliament enacted the Refugee Act, believed rights available to refugees shrank. by many to be potentially the most important milestone They were exposed to constant in the management of refugee affairs in Kenya. unlawful arrests, incarceration and the risk of refoulement. Their rights The law would not have been passed about 14,400 to nearly 300,000 were uncertain and undefined. without intense advocacy, lobbying, as refugees fled en masse from Refugee protection standards negotiating and balancing of the Somalia, Sudan and Ethiopia at were in a state of steady decline. political, economic, human rights a time of chronic economic crisis issues and security considerations. and hyperinflation. Faced with a As years went by, the government The Refugee Consortium of seemingly endless stream of refugees, became increasingly reluctant Kenya (RCK), established in Kenya drafted a refugee bill but the to enact the refugee law. Kenya 1998 as a legal aid and advocacy government watched the situation, continued to face sporadic influxes organisation for refugees, took a unwilling to shoulder the growing of refugees, the long porous border with Somalia became a cause for concern and the increase in gun crime stirred up public outrage against refugees and immigrants. Concerns arose about environmental degradation in the refugee camps, where large numbers of refugees were living on a small area of land. Conflicts between refugees and host communities grew and many Kenyans noted the disparities between their own living standards and those of refugees. The draft legislation was judged to be a burden that a beleaguered Kenya

UNHCR/A Webster could not afford to shoulder. As the refugee situation Sudanese central role in advocating for this burden indefinitely. The government became protracted, resistance to refugee women law, working with its partners in established two refugee camps – enactment intensified, although the in Kakuma a concerted effort to realise lasting Dadaab and Kakuma – in remote and need for protection, accountability camp. change in refugee management. inhospitable corners of Kenya and and predictable administration delegated authority for management became ever more apparent as the Kenya’s resistance to a refugee law and protection to UNHCR in a needs of refugees intensified. dates back to 1990-91 when the bid to ensure the international refugee population shot up from community did not remain at the FMR 28 enhancing southern capacity: rhetoric and reality 27

A new political climate was ushered distinguishing refugees from While we support the government in by the 2002 general elections. other categories of migrants and in its efforts to enhance security and The democratic transformation highlighting the need for the Kenya protect Kenyans, we do not believe opened space for a new form government to resume full authority that the solution lies in denying of engagement between the for the overall management of refugee entry or forcing back vulnerable government and civil society and affairs. While arguments for ensuring refugee women, men and children a softening of the antagonism that international human rights to a situation of grievous harm and towards NGOs that had been acute standards are reflected in national threat of death. At the same time, we under the previous government. legislation are important, it is equally acknowledge that the government important to address the practical has now allowed humanitarian aid to In 2006, the Refugee Bill was issues arising within a country. It pass through Kenya into Somalia and gazetted and returned to Parliament. was critical to demonstrate how new we urge the international community Recognising a new, vibrant legislation would benefit Kenya. to increase efforts both to provide opportunity, RCK engaged a broad security and humanitarian assistance cross-section of stakeholders in a Being a national NGO gave RCK the to the displaced persons sheltering on spirited campaign for enactment platform to present arguments and the Somali side of the border. We call of the law. RCK promoted the address issues that may have been on the government to open the border legislation, engaged at the highest perceived in a different light coming and to let in those in need. UNHCR level with the parliamentary from an international actor. Working can mobilise resources from the committee responsible for the bill, with the legislators, we reviewed each international community to assist in monitored parliamentary debates, clause of the bill in order to ensure vetting asylum seekers at the border liaised with the Refugee Affairs refugee rights were protected in before they enter the country in order Department and UN agencies and line with international standards; to to retain the civilian nature of asylum. worked with other civil society address security concerns raised by actors to push for enactment. some government partners; to protect Kenya has been host to over 150,000 the environment in areas hosting Somali refugees over the last fifteen refugees; and to ensure the legislation years of Somalia’s unrest – a laudable Advocacy strategies would help both refugee and host humanitarian gesture recognised communities. Our recommendations all over the world. It shares a RCK’s approach to advocacy were incorporated into the formal text border of well over 600 km with recognises the need for NGOs to of the bill as it was re-drafted into a Somalia. Refusing to allow asylum define themselves as non-partisan formal law. The bill was signed into seekers entry through the known and non-political. However, given the law by the Kenyan President and border points will force people history of the bill and the sentiments became law on 30 December 2006. to find alternative and unofficial of Kenyans towards it, the process At the end of a lengthy negotiation routes into the country, and the was steeped in political considerations process, RCK, partner NGOs, government will miss opportunities that needed to be addressed if the international and intergovernmental to vet entrants. Closing the border legislation was to be enacted. We organisations, the Refugee Affairs and refusing access to asylum recognised the need for a long-term Department and refugees collectively seekers are also likely to escalate the engagement, focused on demystifying breathed a sigh of relief, recognising humanitarian situation in Somalia refugees and the asylum process the achievement that bold advocacy which will spill over into Kenya. and changing attitudes towards had achieved and our hopes that them. We recognised the need for it would usher in a new era in We call on the government to re- a broadly inclusive negotiation. management of refugee affairs. evaluate its position and to allow Politicians, government departments refugees from Somalia to enter and and the public had differing interests seek asylum in Kenya in keeping and legitimate concerns about Events in Somalia with the national law and policies the refugee situation that merited challenge new law found in the Refugee Act and in line frank discussion and consideration. with international human rights and The refugee debate in Kenya had It is now important to ensure that humanitarian law. In the same spirit, become a charged issue, fuelled by legal standards are upheld and the international community should negative media stereotypes, upsurge that the government is held to demonstrate greater commitment of armed crime, apparent linkages account for the provisions of the to shoulder the humanitarian and between refugee influxes and rare legislation. RCK is concerned to see security responsibilities arising epidemics and resentment against the new law applied in the situation from the Somalia situation. the way refugees have driven up the of Somali refugees in the present cost of renting accommodation. round of conflicts. The border has Eva Ayiera ([email protected]) is remained closed since January 2007 the Advocacy and Senior Programme We did not lose sight of the and some asylum seekers have Officer at the Refugee Consortium importance of distinguishing refugees been refouled. Few refugees have of Kenya (www.rckkenya.org). To from illegal migrants. RCK and its managed to trickle into the country subscribe to RCK’s e-newsletter, visit partners focused on promoting the to seek asylum and many displaced www.rckkenya.org/newsletter.html bill as a law aimed at addressing Somalis are camping on the other these issues by putting in place side of the Kenya/Somalia border. predictable systems of management, 28 enhancing southern capacity: rhetoric and reality FMR 28 Who owns and drives capacity building? by Colleen Thouez and Sarah Rosengaertner

Capacity building is context specific and often subject RCPs, offering technical expertise to North-South political games. This is often apparent in and administrative support. Most RCP secretariats are administered Regional Consultative Processes (RCP), fora for states, by the International Organization international organisations and NGOs to informally exchange for Migration (IOM). The IOM’s information on migration-related issues of common interest. role is not a disinterested one as a clear link exists between promoting and sustaining such regional First introduced in Europe in Canada also have disproportionate efforts and concurrently securing 1984, RCPs assist governments influence in RCPs in their spheres IOM’s participation and follow- within a particular region to of interest. There have been cases up through the implementation strengthen their understanding where regional powers shape the of IOM programmes in the and application of migration and agenda of RCPs. In the Caribbean countries and regions concerned. refugee policies and laws. They in 2001-02, the US government focus on strengthening national objected to addressing the issue of In the case of RCPs, the North clearly capacities and forging regional return of deportees. In the CIS and has an influence over capacity cooperation. RCPs often centre on neighbouring region dialogues from building in the South. It may facilitate aspects relating to border control. 1999 to 2004, the Russian government the establishment of the RCP as was often on the defensive for its a medium for delivering training They meet a need. In regions such as handling of migration issues and and have an influence over content Central Asia and the Caucasus, where was reticent to share information. based on its own interests such as the regulation of migration across border control. However, the South is neighbouring countries is a fairly Northern influence is also behind clearly not the ‘loser’ in this equation. recent phenomenon, strengthening the fact that the RCPs tend to focus The South needs the capacities that national capacities is essential. on ‘migration management’ and the North brings by way of RCPs. Many of these countries established border control issues. The Inter- Further, while Southern countries migration departments in the may toe the line with respect to 1990s and have worked to the rhetoric shared by observers strengthen their capacities to the North is often influencing the and international organisations address refugee and migration South’s priorities in the latter’s involved in RCPs, ultimately they issues. In Africa, where are not formally bound to what regulating human mobility own backyard is endorsed by the RCP. Due to across most of the continent the non-binding nature of RCPs, is a new concept, the need for Governmental Consultations on countries can select certain elements strengthening national capacities and Asylum, Refugee and Migration – such as training and technical regional cooperation is uncontested. Policies in Europe, North America assistance – without necessarily and Australia (IGC) – a North-based incorporating other elements into The RCP model does not obligate RCP which first emerged out of respective national strategies. states to make firm commitments concern for more effective refugee to the issues discussed. Countries protection – has concentrated its Nevertheless, it is worth pointing out are able to come together to efforts on effective border control. that the North is often influencing benefit from training, exchange In the South, discussions tend also the South’s priorities in the latter’s information, forge links with to concentrate on border control, own backyard. The extent to counterparts in neighbouring arising not only out of the concerns which priority setting means that countries and strengthen common of Southern countries but also issues of critical relevance to the understandings without constraining undoubtedly because of the expensive South are being overlooked – in their respective sovereignty. border control programmes and exchange for the North’s priorities technologies that Southern countries – should be a subject for concern. Nevertheless, the input played are able to implement with the by third – Northern – parties in support of countries in the North. Colleen Thouez ([email protected]) shaping the training agenda is quite is Chief of the UN Institute for revealing. For instance, within International organisations are Training and Research (UNITAR the African RCPs, Europe and the often involved in facilitating RCP www.unitar.org) and Sarah US have had a steady presence as meetings and maintaining the Rosengaertner (rosengaertner@ ‘observers’. Similarly, Australia and exchange of information within un.org) a Fellow at UNITAR. FMR 28 Emergency within an emergency: Somali IDPs 29 Emergency within an emergency: Somali IDPs by Hassan Noor

International media report that over 300,000 Somalis have Mogadishu potentially exacerbating been newly displaced by fighting in Mogadishu. Conflict- the figure to nearly a million. CDPs have been forced to leave their related displacement hits the headlines but the numbers homes for security reasons, a type of displaced by environmental change are also colossal. The displacement with a huge long-term international response remains woefully inadequate. impact on families and continued dependence on humanitarian assistance. Fighting between the Hardly any Somali family Somali displacement crisis is worse Islamists and the Ethiopian-backed has escaped the experience of than that of Darfur or Iraq. Transitional Federal Government displacement. Displacement was (TFG) erupted as civilians struggled first experienced in the mid 1970s ‘IDP’ is a useful term for purposes of to cope with massive flooding in and 1980s, both as a result of definition but it does not capture the riverine areas of south Somalia in drought and attacks on civilians kind of reality that Somalia is now November and December which launched by Siad Barre, the military facing. It is important to distinguish added 300,000 to the existing number ruler of Somalia from 1969 to 1991. between CDPs – conflict-displaced of EDPs displaced by drought. Displacement in northern Somalia people – and EDPs – environmentally displaced hundreds of thousands displaced people. Conflict-related who became refugees in Ethiopia. displacement in Somalia is the Somalia’s forgotten displaced Displacement escalated massively direct result of the civil war and when civil war broke out in the early turbulent politics. CDPs are estimated Amidst the complexity of recurrent 1990s. In terms of the proportion to number around 600,000 with displacement in Somalia, few notice of the population displaced, the possible conflict in Kismayo and that there are displaced people who

A woman with her children at an IDP camp in Arare, southern Somalia. Manoocher Deghati/IRIN 30 Emergency within an emergency: Somali IDPs FMR 28

are neither IDPs nor Somalis. These non-state actors – are encouraged diplomacy is working towards refugees include significant numbers to take the lead. UN agencies, the national reconciliation, recent of Ethiopians (members of the Oromo ICRC and international NGOs UN advocacy for Somalia called ethnic group – the country’s largest) cannot substitute for competent on donors to consider long-term who have fled once more to escape local authorities. Somalis need to funding, which would demonstrate Ethiopian soldiers supporting the be helped to understand their role real international commitment TFG. There are also Tanzanians (from and responsibility of care with to the many aspects of Somalia’s the island of Zanzibar) and Sudanese. regard to both IDPs and refugees. recovery, particularly in relatively They have serious unmet needs for stable Somaliland and Puntland. protection and assistance. Their In Somalia, as in Darfur, displacement numbers cannot be quantified but it is is a reminder of the conflict that needs Insecurity in Mogadishu and estimated there are several thousand. to be resolved. There is a need for a surrounding areas, as well as robust response from the UN and roadblocks, port closures and marine Significant numbers of Somalis have the African Union to end the sixteen- piracy, are creating difficulties for been refouled and the phenomenon is year-long cycle of violence and humanitarian access, the importation increasing. Saudi Arabia has forcibly displacement. The AU is faced with of food and non-food commodities repatriated Somalis for many years. a difficult mission. The AU must not and inter-regional trade flows As the numbers of Somalis and again be deprived of the resources it in southern and central Somalia. Ethiopian Oromo in Kenya, Uganda needs to achieve its objectives. There Activities in the main Mogadishu and Yemen continue to rise, it is likely is also a need for clarity regarding port have slowed down with a wide that more will be sent back to Somalia its mission. When I was in Darfur knock-on effect on the supply and against their will. Kenya has recently it was apparent that AU forces had price of imported food and non-food closed access to the thousands of little understanding of their mandate: commodities. Despite the availability Somalis encamped along its border. indeed I never got to see what it of locally produced cereals at Despite the recent enactment of a was, for it was forever being drafted. relatively low prices, food access for new refugee law1 it has allegedly Too much is as stake for Africa to displaced populations, especially detained and forcibly returned allow another poorly-equipped and the poorest, is difficult due to the Somalis without UNHCR having had malfunctioning AU mission with only sudden disruption in livelihoods and the chance of determining whether a limited and time-bound mandate loss of income-earning abilities. they qualified for refugee status. More to be set up only to fail once again. and more Somalis – and non-Somalis The most recent displacement from fleeing Somalia – are likely to end up Promotion of understanding towards Mogadishu occurred in a climate entrusting their lives to traffickers as the respect of law is a key tool of indiscriminate violence against they seek to reach safety in Europe.2 in resolving conflicts, protecting civilians. Many of them have had to civilians and realising good endure extortion and harassment, governance. Somalia urgently needs especially when they cannot enjoy Urgent national and the kinds of rule of law programmes clan-based protection. Most IDPs have international action needed which have been developed in largely been left to their own devices, Darfur.3 Justice and Confidence and information on living conditions Since 1991, there has been no national Centres run by local communities and protection issues remains scarce. entity responsible for IDP response. could help the transition to peace. Morbidity, mainly from diarrhoeal The gradual attempt of the TFG to diseases (due to consumption of re-install itself in Mogadishu has A major obstacle to a more concerted unsafe water) and malaria, is on the unleashed considerable effort on humanitarian response is donor increase in many places in south and several sides to take ownership of reluctance to engage in Somalia, central Somalia. A marked increase in the IDP issue. The newly-established mostly related to previous failure to Acute Watery Diarrhoea (AWD) and National Refugee Commission has achieve tangible improvement. The cholera has been reported, mostly declared that IDPs fall under its 2007 Coordinated Humanitarian linked to post-flood conditions, mandate but its capacity is limited Appeal (CAP) for Somalia – outlined and to lack of safe drinking water by the TFG’s inability to regain by OCHA in November 2006 and sanitation. The areas with control of Mogadishu, let alone – identifies one million people in the highest AWD prevalence the whole of Somalia. The duty to need of assistance, which includes (Mogadishu and surrounding provide protection and assistance to 400,000 IDPs. By April 2007, the CAP regions) are also the areas most the Somali population thus remains was covered for 33%, with most difficult to access for treatment. with the international community funds going to the food sector. Less Somalia remains chronically food- and Somali NGOs, often supported than 10% of the health, protection, insecure and malnutrition remains financially by local businessmen. shelter and agriculture sectors a serious problem. The riverine were covered, while education and areas continue to be extremely food- The Guiding Principles on Internal recovery programmes had received insecure due to the aftermath of the Displacement are largely unknown no funding at all. Along with the floods and insecurity. In addition, in Somalia. The protection of IDPs extremely complex political context, the rains have failed in large parts is, first and foremost, a duty of chronic under-funding of the CAP of Somalia and food insecurity the national authorities and it is is a serious obstacle to a successful is expected to worsen. IDPs are imperative that members of the reconciliation and reconstruction generally particularly vulnerable TFG and regional states – as well as process in Somalia. While political FMR 28 Emergency within an emergency: Somali IDPs 31 to malnutrition, as they have fewer not linked to overall coordination was moving back to the capital, and possibilities to support themselves. mechanisms. Links need to be forged to meet the high expectations of the between INGOs and the diaspora to population for reconciliation, security Due to widespread insecurity, the give greater impetus to joint advocacy. and resumption of basic services. This international presence in south and call for immediate re-engagement central Somalia remains weak and The operational gap between Nairobi was met with scepticism by some inconsistent, and highly insufficient and the field level remains, despite humanitarian actors. At the end of considering the enormous needs recent attempts to bridge it. Somalia March 2007 the security situation in of the population, especially in is one of the four countries where Mogadishu had degenerated so far as and around Mogadishu and other the new cluster approach4 – a key to make humanitarian access virtually southern towns. impossible even In the absence for local NGOs. Destruction of a functioning In May John of property, government, the Holmes became Mogadishu, Somalia, UN and national the most senior May 2007. and international UN official to NGOs are often visit Mogadishu the only service in a decade. providers Urging the TFG and interact to provide a directly with more enabling clan leaders and operating local authorities. environment for Especially in the aid workers, he south, in a context reported that of ever-changing aid workers are local power only reaching structures and about a third of clan affiliations, those afflicted negotiating access by Mogadishu’s is difficult. worst fighting for years. Hundreds The premature of thousands and abrupt of people who termination of have fled outside the UN mission Osman/IRIN Yusuf Aweys the city and in Somalia in surrounding 1995 continues regions live to have a without negative impact on the quality element of the UN’s humanitarian food, water and shelter and need and quantity of humanitarian reform process – is being rolled out. immediate assistance. “In terms of assistance to Somali IDPs. Since the The cluster approach has helped numbers and access to them,” Holmes withdrawal, the international aid agencies recognise response gaps told a news conference, “Somalia is a community responsible for Somalia but has not consistently led to filling worse displacement crisis than Darfur has been based in Nairobi. The them. Collaboration between UN or Chad or anywhere else this year.” UN’s operational presence has been agencies and NGOs, both local and fairly consistent in Somaliland and international, is not fully in place. Hassan Noor (hassan.noor@ Puntland but has remained sparse in As lead agency for the protection concern.net, rannieb@hotmail. south and central Somalia, ensured cluster, UNHCR has taken on a com) is the Emergency Coordinator largely through Somali national coordination and gaps analysis role for Concern Worldwide, Somalia. staff. Concern Worldwide is the only with regard to the response to the Prior to Somalia, he worked in international organisation that has internal displacement situation. Its Darfur on protection and rule of maintained full presence in southern operational presence in Somalia is law issues. This article is written Somalia since the 1991 operations. limited. The humanitarian response in a personal capacity and does ICRC has maintained access to most could profit from better collaboration not necessarily represent the of the southern regions through with local actors, who often work views of Concern Worldwide. continued negotiations with local in areas considered inaccessible leaders. Some INGOs maintain a by the international community. 1. See article by Eva Ayiera on pages 26-27. 2. See Hanno van Gemund,‘From Somalia to Yemen: presence through national staff. great dangers, few prospects’, FMR27 www.fmreview. The Somali diaspora has made In early 2007 John Holmes, the org/FMRpdfs/FMR27/45.pdf outstanding efforts to support newly-appointed UN Humanitarian 3. See Sarah Maguire and Maarten G Barends, displaced civilians and raised Coordinator (HC), called on the ‘Promoting the rule of law in Darfur’, FMR 25 www. fmreview.org/FMRpdfs/FMR25/FMR2525.pdf hundreds of thousands of dollars international aid community to 4. Tim Morris, ‘UNHCR, IDPs and clusters’, FMR 25 during the flooding in late December. re-engage in Mogadishu, taking www.fmreview.org/FMRpdfs/FMR25/FMR2531.pdf It is unfortunate that their efforts are advantage of the fact that the TFG 32 CAR: no longer forgotten? FMR 28 CAR: no longer forgotten? by Toby Lanzer and Amanda Weyler

The international community is waking up to the strategic return to their homes. In March 2007 importance of the Central African Republic (CAR) in the a UN team which visited Birao, the main town of the Vakaga region near crisis over Darfur. Will current interest endure long enough Darfur, found 70% of houses had to help the people of CAR beyond the immediate future? been torched and the place emptied of its population. A million people are In 2004, when Jean-Bertrand Aristide around the world, funding for affected by conflict and lawlessness. needed a refuge after being ousted humanitarian and development There is an urgent need for the UN from Haiti, he chose to go to CAR. For activities was scarce. The fact that and NGOs to provide food, water, years, landlocked CAR was the ideal CAR was either unknown or seemed clothing, seeds and tools, shelter, place for runaways. Tucked away to hold little strategic interest for health and education services. between Chad, Sudan, the Democratic donors deterred new actors from Republic of Congo, the Republic coming into the country, thus creating Problems resulting from decades of of the Congo and Cameroon, this a vicious circle of forgottenness. neglect of development will not be sparsely populated country – with a resolved in a matter of months. The population of just over four million The situation changed dramatically in crisis unfolding in CAR is not only but larger in area than France – was 2006. The diplomatic deadlock with the result of insurgency and banditry overshadowed by its neighbours Sudan over the conflict in Darfur, but of chronic poverty and under- and their greater claims to strategic and the occupation of several towns development. CAR is the world’s interest. CAR’s modern history, shaped in north-eastern CAR by armed seventh least developed country. Over by a notoriously extravagant self- opposition groups, opened many half the population has no access to styled emperor condoned by the West, eyes to CAR’s role in the broader safe water. Over a third of under- seemed to have left a bitter taste with crisis playing out in the region. fives are chronically malnourished. the international community. Donors In 2006 the security environment Life expectancy is only 42. Seventy- and international organisations were deteriorated steadily especially in three per cent of the population live reluctant to invest money or effort in a the north-east and north-west. It is on less than $1 a day. Indicators country which has had 11 mutinies or estimated that 282,000 have been for maternal and under-five child attempted coups in the past decade. forced to flee their homes due to mortality, already very poor, are in a insecurity. 212,000 remain displaced continuing downward decline. Vast Today the situation appears within CAR’s borders. Others have distances from agency HQs complicate different. CAR is starting to pop up fled into Cameroon, Chad and provision of humanitarian support, in international media. President even Darfur. Fears that the violence coordination and data collection. François Bozize, a former general who in CAR might serve to further Poor weather and non-existent roads seized power in 2003, has legitimised destabilise an already fragile region impede access to much of the country his presidency through elections. have contributed significantly to the during six months of the year. There is talk of deployment of a UN increase in international attention peace-keeping force along CAR’s in recent months. Further, a lawless The real challenge for humanitarian border with the Darfur region of CAR could be used as a launching and development professionals Sudan and international NGOs are pad for rebel activities in both Chad who operate in the country will be pouring into the capital, Bangui, for and Darfur, rendering prospects of to capitalise on the support they assessment missions. This relatively ceasefires or peace deals in those two are currently enjoying and to create sudden turn of events raises questions. countries more remote. Echoing that projects and partnerships which will Why did the world forget about CAR line of thought, the UN Secretary- last even after the spotlight has moved for so long? What has changed? And, General has proposed establishment on. Working with the Central African perhaps most importantly, what of a UN peacekeeping mission -- government, which has to continue can humanitarian and development Mission des Nations Unies au Tchad its current will to improve the lot of actors do to turn the attention CAR et en République Centrafricaine its population, will be key. While it is is currently enjoying into tangible (MINUTAC) – to protect civilians good that CAR is no longer a forgotten improvements for its people? caught up in the spillover of the crisis, the aim should be that in two or Darfur conflict.1 In sum, the world three years there will be no crisis at all. Until 2006 international presence in has woken up to a key element CAR was extremely limited. Only five of CAR’s strategic importance. Toby Lanzer ([email protected]) is the international NGOs worked outside UN Humanitarian Coordinator in the capital, and the various UN With that realisation has come a better the Central African Republic and agencies present in the country were understanding of the humanitarian Amanda Weyler (amanda.weyler@ to a large extent based in Bangui, only needs of the population of CAR. undp.org), the Special Assistant to moving outside the city with armed Hundreds of villages have been the Humanitarian Coordinator. escorts. With too few people to tell scorched and thousands of people its story to capitals and headquarters are hiding in the bush, too afraid to 1. www.reliefweb.int/rw/RWB.NSF/db900SID/EGUA- 6YPS53?OpenDocument FMR 28 Fighting impunity: legal aid in Darfur 33 Fighting impunity: legal aid in Darfur by Maarten Barends

A rule of law vacuum exists in Darfur, more so than in any members of the Sudanese Armed Forces (SAF), Popular Defence Forces other region in Sudan. UNDP’s Rule of Law Programme (PDF), Sudanese Police Forces (SPF), is supporting law enforcement and judiciary officials National Security (NS), non-state in assuming their responsibilities under national and armed groups (NSAG), local militias international law – and working with them to end the current and communities close to the warring factions. Through its awareness- climate of impunity. raising efforts, UNDP tries to convey the key message that human rights The armed conflict in Darfur has and bringing an end to existing cut across all regions and all religions. led to systematic violations of violations of international standards; Human rights belong to all. international humanitarian and restore confidence in informal and human rights law against civilian formal rule of law institutions; and The training also extends to war- populations, contributing to a gradually build a culture of justice affected populations. It is as breakdown of law and order. Local – a culture that is responsive to important for displaced and other communities are held captive by long-term capacity building and war-affected populations to be fear. Despite the huge scale of sustainable human development. aware of their rights as it is for humanitarian intervention, local authorities and tribal human security and leaderships to be conscious UNDP-IRC protection remain serious of and live up to their Rule of Law Training in concerns for the war-affected responsibilities under national El Geneina, populations. Direct attacks on and international law. By west Darfur. civilian populations remain engaging all Darfurian commonplace and include stakeholders in an open arbitrary killing, rape, looting discussion in a neutral setting, and serious impediments to the training provides an the freedom of movement. opportunity to start to address some of the root causes of As law enforcement and the conflict. The objective judiciary officials in Darfur therefore is not only to raise lack the capacity and general awareness about incentives to uphold and the rule of law and human protect human rights, war- rights but also to change affected populations remain attitudes and mindsets, to vulnerable to arbitrary violence build confidence and promote and deprivation of physical, reconciliation, and to instil material and legal safety. again in Darfur a sense of Given the lack of adequate and doing what is right – based responsive law enforcement, on local custom, international despite extensive sexual and standards and universal ethics. gender-based violence (SGBV), women in particular are

reluctant to seek justice and file Ahmed UNDP/Yousif Building local capacities complaints against attackers. Training, however, is not an UNDP Sudan, in partnership with Raising awareness end in itself. Awareness raising must the International Rescue Committee be complemented and reinforced by (IRC) and a number of Sudanese The UNDP Rule of Law Programme parallel efforts to ensure protection human rights organisations, has in Darfur was launched in September through building the capacity of embarked on an ambitious Rule 2004 with the full endorsement of the local rights groups, and continuously of Law Programme in Darfur. The local and federal authorities and the mentoring and monitoring all programme seeks to raise awareness active support of local communities. stakeholders, in particular potential of human rights and rule of law; By the end of 2006, our human rights perpetrators of human rights empower local stakeholders to training had attracted over 25,000 abuses. The UNDP Rule of Law actively engage in preventing people throughout Darfur, including Programme in Darfur has therefore 34 Fighting impunity: legal aid in Darfur FMR 28

AU soliders, Segaar/IRIN Derk north Darfur.

established Legal Aid Centres and AMIS forces in Darfur to be more of judges and prosecutors – and paralegal groups, as well as a Legal effective. Following requests by ensuring that survivors are supported Aid Network of Darfurian lawyers, AMIS and the wider humanitarian in their attempt to seek legal redress. to empower local communities community, UNDP, OHCHR, UNFPA and improve access to justice. and UNICEF have developed The UNDP Rule of Law Programme a joint programme in order to in Darfur – which is implemented Additionally, UNDP has initiated support the AMIS forces’ capacity concurrently with humanitarian a series of Rule of Law seminars to protect the civilian population action – also aims to lay the building in close collaboration with the in Darfur, and to contribute to an blocks for fully-fledged recovery Darfurian State Universities. These environment conducive to restoring when the security and political seminars – which bring together local human security and full respect for situation stabilises. Building on academia, government authorities, human rights and the rule of law. principles of empowerment, civil society organisations and inclusion and participation within community representatives – provide Given the prevalence of SGBV in an early recovery framework,2 rule a platform to raise awareness about Darfur, the lack of access to justice of law programming amidst armed rule of law and human rights. and the social stigmas attached, the conflict has to take into account the They aim to foster dialogue among UNDP Rule of Law Programme in lack of security, continued political stakeholders, promote freedom of Darfur pays particular attention to instability and the likelihood of speech and assembly and also build SGBV by undertaking prevention, relapse into conflict. Addressing confidence and foster reconciliation. protection and response activities in these requires a practical, Since March 2005, we have organised settings where no previous action has flexible and constantly evolving more than a hundred Rule of Law been taken. This includes advocating approach that is locally driven. seminars, drawing in hundreds of for the rights of women, advising people, and witnessing increasing states on how to adapt legislation levels of open and frank debate. and policies so they conform to UNDP Legal Aid Network international standards, and taking Notwithstanding some of the action to minimise the increased risks In an effort to empower local successes in areas where troops caused when individuals or groups communities and promote access of the African Union Mission in are affected by conflict. Activities to justice in Darfur, UNDP has Sudan (AMIS)1 have been deployed, include providing capacity-building established a Legal Aid Network there is a clear need for further support to the formal and informal – a network of 61 Darfurian lawyers capacity building in order for the justice systems – such as training who take on cases referred to them FMR 28 Fighting impunity: legal aid in Darfur 35 through the UNDP Legal Aid Centres3 severe capacity deficits and overly paralegals took the baby to a camp and paralegal groups, as well as complex bureaucratic procedures, clinic and reported the incident to a number of different UN actors high costs and pervasive corruption. the police. The mother was located (including UNMIS, UNFPA, UNICEF The provision of legal aid enhances and charged with unlawful sexual and UNHCR), INGOs and Sudanese an individual’s capacity to deal with intercourse (zina) and attempted civil society organisations. The these constraints. Indirectly, it also murder. The paralegals then referred Network was set up in August 2005 enhances the potential for swift, fair the case to the UNDP Legal Aid when three lawyers in North Darfur and impartial administration of justice Network. When the legal aid lawyers agreed to represent cases that had and peaceful conflict resolution. interviewed the accused, she said been referred to them by UNDP. It has she had been raped by an unknown since expanded considerably with the Maarten Barends (maarten.barends@ soldier but had been too frightened signing of cooperation agreements undp.org) is in charge of the UNDP and ashamed to tell anyone. Her with the Goodwill Organisation and Rule of Law Programme in Darfur. husband had been absent for more the Amel Centre, an affiliate of the For further information , you can also than two years; when he returned, the London-based Sudanese Organisation contact Yasmine Sherif (yasmine. lawyers convinced him that his wife Against Torture (SOAT)4. The [email protected]), Senior Justice had indeed been a victim of rape. He, legal aid lawyers not only support and Security Sector Reform Adviser her step-son and her grandmother all individual people in need of legal at the UNDP Bureau for Crisis testified in court that her behaviour advice and representation but also Prevention and Recovery in Geneva. after the birth of the child had been help fight impunity by strengthening out of character. The lawyers of the the justice system in Darfur and This article is written in a UNDP Legal Aid Network represented ensuring it lives up to basic national personal capacity and does not the accused in court and convinced and international standards. UNDP necessarily reflect the views the judges that, under normal Rule of Law Officers on the ground of the United Nations. circumstances, no woman would try continuously monitor the referral to kill a 14-day-old baby. The Court of cases and the quality of the court 1. www.amis-sudan.org 2. Early recovery aims to generate self-sustaining agreed and acquitted the woman representation – and provide technical nationally-owned and resilient processes for post-crisis of all charges; she was immediately advice and guidance together with recovery, encompassing livelihoods, shelter, governance, released. She received psychosocial partners such as UNMIS and the environment and social dimensions, including the treatment from the SOAT/Amel Centre International Rescue Committee. reintegration of displaced populations. 3. UNDP currently operates seven Legal Aid Centres and the baby was eventually re-united across Darfur, each staffed by approximately 25 with the mother and her husband. While UNDP aims to strengthen paralegals. the Sudanese formal and informal 4. www.soatsudan.org justice system, and address impunity 5. www.unhchr.ch/html/menu3/b/e1cedaw.htm Conviction for rape by ensuring compliance with 6. www.unhchr.ch/html/menu3/b/h_cat39.htm In February 2006, a 26-year-old Sudanese domestic law, UNDP woman with mental health problems does not condone certain penalties of the Zaghawa tribe was raped by a that must be regarded as torture or Forced marriage policeman in the area of Golo. The cruel, inhuman and/or degrading In February 2004, a 14-year-old girl rape was witnessed by four people. The treatment or punishment. Therefore, was forced by her father to marry a woman’s brother, also a policeman, the lawyers of the UNDP Legal soldier. Her father threatened to kill her took her to El Fasher hospital where Aid Network make every attempt if she refused. In January 2006, UNFPA the assault was noted officially. He to avoid these and advocate for approached UNDP for legal assistance sought legal assistance from the UNDP alternative sentencing, thereby setting and one of the legal aid lawyers took Legal Aid Network whose lawyers precedent for reforming the law. In on the case. She filed a case on behalf filed a case with the police, A police addition, diplomatic efforts must be of the girl, requesting the Court to investigator interviewed the four stepped up to promote legal reform dissolve the marriage on the grounds witnesses and arrested the suspect. at the national level and ensure that the girl had been a minor when Under Sudanese law, members of Sudan’s ratification of a number of married and had been forced to do so the Sudanese Police Force enjoy important international instruments, by her father, under threat of death. immunity from prosecution. In May including the Convention on In court, her father confessed that 2006, however, he was dismissed the Elimination of All Forms of he had indeed forced his daughter from the police force, thus permitting Discrimination against Women to marry. Her husband agreed to a the lawyers to pursue a criminal (CEDAW 1979)5 and the Convention divorce if reimbursed for the marriage case against him. The lawyers filed against Torture and Other Cruel, expenses. The girl’s father agreed a request for private prosecution Inhuman or Degrading Treatment and the marriage was dissolved. and lodged a psychiatric report or Punishment (CAT 1984)6. noting that rape victim suffered from severe mental health problems and At present, there is a wide range Charged with adultery needed psychiatric treatment. The of obstacles to accessing justice in In spring 2006, a new-born child SOAT/Amel Centre provided treatment Darfur, including a deep mistrust was found hidden in a latrine in Abu for the woman. The Court found among the local population of the Shouk IDP Camp. It was reported to the accused guilty and sentenced very institutions that are tasked with the local UNDP Legal Aid Centre. The him to four years’ imprisonment. ensuring their safety and security, continuing harassment and violence, 36 Protecting Sudan’s children FMR 28 Protecting Sudan’s children by Julia Freedson, Simar Singh and Sarah W Spencer

The protection and well-being of children in Sudan are at wars, it only encompassed two parties to the conflict, resulting in a a crucial juncture. While children in the South are enjoying lack of broad support throughout improved security and access to services, those in Darfur the country. As the international continue to face appalling levels of violence and denial of community has shifted attention basic services. Protection of children must be at the forefront to the Darfur conflict it has failed to remain deeply engaged in the of efforts to bring peace and stability to Sudan. implementation of the CPA. Despite an international framework to In its latest report, Sudan’s Children hospitals; and recruitment and support the return and reintegration at a Crossroads: An Urgent Need for use of children by armed forces. of IDPs and refugees, and the signing Protection, the Watchlist on Children of UNHCR-supported repatriation and Armed Conflict1 documents Since the signing of the agreements between Sudan and pervasive and continuing violations Comprehensive Peace Agreement several refugee host countries, against children by all armed forces (CPA)3 relative peace has returned to returns have generally taken place and groups operating in Sudan much of southern Sudan. The CPA without support. Long distances, and urges that immediate action be provided for the restructuring of the high transportation costs, mines and taken to protect Sudanese children. Government of Sudan, including flooded roads have created enormous The report details violations the adoption of an interim national logistical challenges. Often, the trip against children in Sudan in the six constitution, the establishment of home has been treacherous and major categories identified by UN a Government of National Unity fraught with danger. Returnees to the Security Council Resolution 1612 (GoNU) and a semi-autonomous South have reported encountering on Children and Armed Conflict2 authority in the South known as militia activity, armed civilians, – killing and maiming; rape and the Government of Southern Sudan landmines, forced conscription other forms of sexual violence; (GoSS). Implementation of the CPA of children and limited supplies abduction; denial of humanitarian however, has been extremely slow of food and water. In some cases, assistance; attacks on schools and and difficult. While the agreement returnees have been robbed, attacked, ended one of Africa’s longest-running kidnapped, raped and illegally taxed.

IDP families arrive in Kuajok, Warrap State, southern Sudan, May 2007, on their way home to their villages. John Nyaga/IRIN FMR 28 Protecting Sudan’s children 37

Chronic violence and insecurity in the South lacks an adequate health n The GoNU and GoSS must parts of Sudan, particularly in Darfur infrastructure and qualified health ensure that all children, including and the East, have dramatically personnel, with only one doctor refugees and IDPs, have free reduced access to information on for every 100,000 people and one and safe access to primary and abuses against Sudanese children. primary health care centre for every secondary education – provided Many experts on the ground noted 79,000 people. Attacks on hospitals, by regularly paid teachers – in that sharing such information would medical facilities, medical staff and line with Interagency Network increase the risk of retributive humanitarian agencies are frequent for Education in Emergencies attacks or threats against civilians in Darfur. These attacks have (INEE) Minimum Standards for and the people assisting them. severely hampered access to health Education in Emergencies4. Restrictive government policies and care, and aid agencies estimate that administrative procedures have only 40 to 50% of people in Darfur n Members of the humanitarian also hindered access to information have access to health services. community, including donors, and Watchlist is concerned about should strengthen and expand apparent deliberate efforts by the Reports indicate that most armed programmes that protect and assist GoNU to prevent the collection groups in Sudan recruit and use children in Sudan, particularly and dissemination of information children. While the Sudan Armed unaccompanied and separated on attacks against children. Forces (SAF) continue to deny the children, out-of-school youth, presence of children within their girls and others who may Armed forces and groups operating units, SAF representatives have face higher risks of violence, in Darfur continue to kill and maim acknowledged that there are children exploitation, abuse and neglect. children and youth, and humanitarian in other armed groups that have actors and other experts in the region recently been incorporated into their n Donor countries and agencies have documented cases of armed forces. Recruitment of children has should increase and sustain groups shooting, mutilating and declined in southern Sudan, although human and financial resources torturing children. The prevalence armed groups not party to the CPA to adequately protect children of rape and other forms of sexual initiated recruitment drives prior to in all parts of Sudan. violence in Sudan is difficult to their incorporation into the SPLA or determine given the pervasive fear the SAF to bolster their negotiating n Key trading partners and and stigma that surrounds reporting, power. Sudanese militias have also allies of Sudan, notably the retributive action taken against recruited children and other civilians People’s Republic of China and women and girls who do report, amongst refugee populations in Chad. members of the League of Arab customary and statutory laws which States, should use all available penalise survivors and the limited Recent events have provided means to ensure that the GoNU access to services for survivors. Most faint glimmers of hope for the upholds its commitments and experts believe, however, that rates improvement of security in Sudan. obligations outlined in relevant of sexual violence throughout Sudan But the GoNU and GoSS must do Security Council Resolutions are high. In Darfur, sexual violence more to ensure that children and and international law. is reportedly perpetrated by all youth are protected. One important armed groups and is often extremely step would be to increase socially- Julia Freedson (juliaf@ brutal. Sexual violence is used by oriented spending in Darfur and the womenscommission.org) is Arab militias in Darfur as a tool to South, utilising oil revenue to support Director, Sarah Spencer (sarahsp@ subjugate and humiliate non-Arab education and other social services for womenscommission.org) an girls and women, and acts of sexual children and youth. The GoNU must Officer and Simar Singh (simars@ violence are often accompanied by also provide humanitarian agencies womenscommission.org) a racial epithets and other degrading with unrestricted and secure access to Programme Specialist for the comments. Many girls in Darfur all areas of Sudan and member states Watchlist on Children and Armed are abducted during attacks on of the United Nations must continue Conflict.Sudan’s Children at a their villages and once abducted, to work with the two governments Crossroads: An Urgent Need for girls may be gang-raped, often of Sudan to ensure that both uphold Protection is online at: www. multiple times by each perpetrator. their commitments and obligations watchlist.org/reports/sudan.php outlined in the CPA, Security Council Although attacks on schools have resolutions and international law. 1. The Watchlist on Children and Armed Conflict strives to end violations against children in armed conflicts and waned in the South, southern Sudan to guarantee their rights. www.watchlist.org continues to have the lowest school Other key recommendations 2. Unanimously approved in July 2005, UNSCR 1612 enrolment rates in the world, with an to assist and support children established a comprehensive monitoring and reporting estimated 25% of primary school-age in Sudan include: mechanism to ensure the protection of children exposed to armed conflict. See:www.crin.org/resources/ children enrolled in school. Schools, infoDetail.asp?ID=5957 students and teachers in Darfur n The authorities of the GoNU 3. The North-South agreement ending the conflict have been increasingly attacked by must immediately halt all between the Khartoum-based government and southern armed groups, reducing education forced relocations of IDPs, opposition forces signed in January 2005. See FMR24 opportunities for children. Despite particularly those living in www.fmreview.org/sudan.htm 4. www.ineesite.org/page.asp?pid=1240 and www. the relative abatement of attacks on and around Khartoum. fmreview.org/FMRpdfs/EducationSupplement/19.pdf hospitals and health care facilities, 38 Slow return of displaced Southern Sudanese FMR 28 Slow return of displaced Southern Sudanese by Tim Morris

The pace of repatriation of Sudanese refugees and return of UN High Commissioner for Refugees António Guterres has lauded south IDPs to South Sudan has picked up but expectations at the Sudan repatriation as a bright spot time of the signing of the Comprehensive Peace Agreement in a region which has seen far too (CPA) in January 2005 have yet to be realised. With all eyes much displacement. On a World on Darfur, assistance to sustain returns to South Sudan Refugee Day visit to the southern capital, Juba, he told refugees remains inadequate. returning from Uganda that the international community “needs The CPA which ended the conflict Some two million IDPs from to express solidarity with South between the Khartoum government the south remain in the capital, Sudan… You are going back home and the main southern rebel group1 Khartoum, where they continue to and you need to have education for paved the way for the return of be exposed to forced relocations. your children, health care for your those uprooted from their homes families, agricultural land for farming in the south. Under and other support. All UNHCR High its provisions the last of this is only possible if Commissioner of the northern troops there is strong solidarity António Guterres talks stationed in the south from the international to a returnee are due to leave and the community.” woman in Juba, region is preparing for South Sudan, its first census. Southern The International on World Sudan is slowly but Organization for Refugee Day, 20 June 2007. gradually shifting Migration (IOM) has from humanitarian helped more than 110,000 action to recovery and southerners return development. There are home from Khartoum remaining pockets of since 2005. Echoing conflict and brigandry UNHCR’s call for more but peace talks between concerted assistance, IOM the government of director general Brunson Uganda and the Lord’s McKinley has called for Resistance Army have provision of basic services UNHCR/A Rehrl UNHCR/A Rehrl improved security. and infrastructure to However, there are encourage IDPs to return. massive humanitarian needs in all UNHCR has set itself a 2007 target “People have to be able to support of the region’s ten states. The UN to bring home 102,000 Sudanese themselves and their families. If reports that in the first quarter of refugees from neighbouring countries they know that there is very little 2007 over 630 people died from by road and air and to provide them awaiting them on the other end, meningitis and 340 from acute with individual repatriation packages that has to be a disincentive,” he watery diarrhoea. Mines and and community-based reintegration said on a recent visit to Juba. unexplored ordinance prevent a support. So far, in 2007, 53,585 return to agriculture in many areas. refugees have returned. In April Under the terms of the CPA the the last refugees returned from the south is supposed to get 50% of oil The over-whelming majority of the Democratic Republic of Congo and revenues from wells in the south. estimated 1.2 million IDPs who have from the Central African Republic Donors have also pledged $4.5 billion, returned since the signing of the CPA (CAR), 17 years after the first camps some of it earmarked for rebuilding have done so without support from for Sudanese refugees were opened devastated infrastructure. The the international community. An in CAR. There are still an estimated Government of South Sudan says it institutional framework to support 350,000 refugees from southern has yet to see the bulk of the pledges. the return and reintegration of the Sudan in neighbouring countries. IDPs and refugees remains largely UNHCR is turning its attention Tim Morris is Co-Editor (fmr@qeh. unused as lack of infrastructure and to camps in Uganda and Kenya, ox.ac.uk) of Forced Migration Review. livelihood opportunities prevent where massive registration has been the UN from promoting large- going on to prepare for refugee 1. See FMR 24 www.fmreview.org/sudan.htm scale return of IDPs and refugees. repatriation to southern Sudan. FMR 28 Locking up family values in the USA 39 Locking up family values in the US by Michelle Brané

A recent report from the Women’s Commission for Refugee family, un-American and contrary to Women and Children and the Lutheran Immigration and the explicit intent of the US Congress. 1 Refugee Service challenges America’s expanding penal Interviews with former and current approach to family detention. detainees in Hutto indicate gross neglect of the best interests of In the wake of the attacks of 11 detain over 600 men, women and children and families. Operated by September 2001, Congress passed children apprehended as family units Corrections Corporation of America the Homeland Security Act, splitting along the US border and within the (CCA) – one of the largest private the functions of the Immigration interior of the country. The detention operators of prisons in the US – Hutto and Naturalization Service (INS) of families expanded dramatically in is a former criminal facility that still into three separate agencies, and 2006 with the opening of the new 512- looks and feels like a prison, complete placing all three agencies under the bed T Don Hutto Residential Center with razor wire and prison cells. The jurisdiction of the newly created in Taylor, Texas. Hutto has become majority of children detained appear Department of Homeland Security the centrepiece of a major expansion to be under the age of 12 and include (DHS). Other post-9/11 changes in of immigration detention in America. babies. Separation and threats of immigration law have led to broader Prior to its opening, the majority of separation are used as disciplinary enforcement and more restrictive families were either released together tools and at night children as immigration policies, including the from detention or separated from young as six are separated from expansion of expedited removal. each other and detained individually. their parents. People in detention Today the US Immigration and display widespread and obvious Among those now subject to Customs Enforcement (ICE) service psychological trauma. Every woman detention in penal-like facilities is implementing a penal detention interviewed in a private setting are families. On any given day the model that is fundamentally anti- cried. At the time of the Women’s US government has the capacity to Commission visit, pregnant women Michelle Brané 40 Kafkaesque rebranding of pro-US fighters as terrorists FMR 28

received inadequate prenatal care Union has filed lawsuits on behalf and children received only one hour of children detained in Hutto.2 of schooling per day. Families in Hutto are given twenty minutes only to go through the cafeteria line and feed their children and themselves. The DHS detained Luz, a woman from Children are frequently sick from the Ecuador, with her 15-year-old son. “I food and are losing weight. Families have been living in the United States have extremely limited indoor and for more than four years. I have a US outdoor recreation time and children citizen daughter who is now almost lacked any soft toys when we visited. two years old. I sent for my son who Michelle Brané is 15. He came across the border international standards and There are some more positive aspects from Mexico but he was detained. DHS policy guidelines to life in a longer-established facility I received a call to come and pick in Pennsylvania but in general both him up, so I left my daughter with my n expand parole and release options institutions are highly inappropriate friend who lived next door, and took for apprehended families for families. Both settings strip a bus to Arizona to get him. I picked n implement alternatives to parents of their role as arbiter and up my son and we went straight to detention for families not architect of the family unit and the bus. At the bus station, I was eligible for parole or release approached by some officers and they place families in settings modelled n house families not eligible for detained both of us. I have been here on the criminal justice system. parole or release in appropriate, for nine months without seeing my non-penal, home-like facilities There are no licensing requirements baby girl. She was only one year old n for family detention facilities when I left her with my friend. I don’t expand public-private partnerships because there is no precedent for know what is happening with her.” to provide legal information family detention in the US. A lack of and pro bono legal access procedures for assessing applicability for all detained families. of correctional standards and We recommend the following Michelle Brané (michelleb@women inspecting family detention centres systemic changes to the US scommission.org) directs the gives ICE tremendous independence government’s treatment of families Detention and Asylum Program in dictating how detained families in immigration proceedings: of the Women’s Commission for are treated. Both facilities violate Refugee Women and Children. existing standards for the treatment n discontinue the detention of of unaccompanied children and families in prison-like institutions 1. Locking Up Family Values: The Detention of Immigrant Families www.womenscommission.org/pdf/famdeten.pdf adults in immigration proceedings. n parole asylum seekers 2. www.aclu.org/immigrants/detention/hutto.html The American Civil Liberties in accordance with

Kafkaesque rebranding of pro-US fighters as terrorists by Benjamin Zawacki

During the Indochina war the US recruited fighters from the Service in Bangkok, Thailand. Despite having studied the Vietnam Hmong people of Laos to disrupt North Vietnamese supply War at an American college, I had and troops movements along the Ho Chi Minh trail. While an never heard of the Hmong army. estimated 170,000 ex-combatant Hmong and their relatives now live in the US, others seeking asylum have bizarrely Originating from southern China, the Hmong are an ethnic minority in fallen foul of the post-9.11 PATRIOT Act. Vietnam, Laos, Thailand and Burma. They are the third largest ethnic “Please help us, the communists are that ‘Welcome to the Jungle’1 is not group in Laos. Laotian Hmong were coming.” Time Magazine’s account of dated decades ago but 28 April 2003, identified by the CIA in 1961 as a the Lao government’s persecution exactly 28 years to the day after the source of assistance to America’s war of the Hmong rebel army is no North Vietnamese captured Saigon. effort. The CIA recruited, funded and less harrowing today than when it When I first read that story I was the trained an army of approximately was published. The only catch is Legal Officer with the Jesuit Refugee 40,000, half of whom were killed FMR 28 Kafkaesque rebranding of pro-US fighters as terrorists 41 before the US pulled its troops out Yet these six families were among but also by those already there. of Laos and abandoned the Hmong the last to leave for the US; America’s While the six families I assisted in Army. The Hmong became targets erstwhile allies against communism Bangkok were fortunate enough to of retaliation and persecution – as well as those who continue be admitted to the US in 2004, three and thousands were sent to ‘re- to support their remnants in the years later they are closer to being education’ camps by the victorious mountainous jungles of northern deported than they are to becoming Pathet Lao. Some Hmong returned Laos – have been rebranded American citizens. The Hmong to their villages and attempted to ‘terrorists’. Immediately following Veterans Naturalisation Act of 2000, resume life under the new regime the 11 September 2001 attacks, the designed to proactively reward the but others fled across the Mekong US Congress passed the Uniting and Hmong for their assistance to the US, River to Thailand. During the 1990s Strengthening America by Providing was superceded by the retroactively thousands of Hmong refugees living Appropriate Tools Required to punitive REAL ID Act which in Thailand were forcibly repatriated Intercept and Obstruct Terrorism threatens to make persona non grata to Laos by the Thai government. Act. The PATRIOT Act5 broadened of thousands of Hmong in the US. the grounds upon which a person Unknown numbers of internally can be refused admission to or I was expressly told by US Embassy displaced Hmong continue to seek deported from the country. If a person officials in Bangkok in mid-2004 that refuge in inaccessible parts of Laos. is part of a terrorist organisation without the assistance of the Hmong, While access by human rights or has provided ‘material support’ many remains of downed US pilots organisations is restricted, Amnesty to a terrorist organisation – even in Laos – like those brought by the International reports that thousands if such was no more than giving a families I was assisting at the time of ethnic Hmong women, men and glass of water to a soldier pointing – would never be found. The fact children live in scattered groups a gun at his/her head – s/he is not that the US Embassy joined UNHCR in the Lao jungles, hiding from the to be admitted to the US and can be in January 2007 in pressuring the authorities who regularly attack their deported if already present. This Thai government against deporting temporary encampments, killing and law had no effect on the Hmong 153 Hmong refugees, indicates that injuring them, perpetuating their life until 2005 when the REAL ID Act America continues to acknowledge on the run.2 Human Rights Watch expanded the definition of a terrorist the persecution suffered by the confirms that arbitrary detention, organisation and included the Laotian Hmong. What the US has torture and ill-treatment remain remnants of the Hmong rebel army been unwilling to acknowledge features of ‘re-education’ camps.3 – and its underground network of since 2005 is the causal relationship ‘material supporters’, the Blackbirds. between the two statements of its Little was known of the fate of Embassy: it is because of the Hmong’s the displaced Hmong until Time An estimated 10,000 persons have assistance to the US and its pilots in broke the story by evading Laotian since been denied entry to the US. Laos during the Vietnam War that government patrols to report on the They include not only Laotian the Laotian government continues to underground network of people in Hmong but also refugees from persecute them. In 2003 Time’s article Laos who smuggle food and supplies Burma, Colombia, Cuba, Vietnam closed with an admonition from an to the remnants of the Hmong army and elsewhere. The inclusion of the ex-fighter: “We shed blood with the and their descendants. A further Hmong rebel army is bizarre for US. They should remember this. They Time piece in 2004 (‘A Blackbird’s it was the US which created and should find us a land where we’re Song’4) formed the basis of successful sustained the army, membership of safe.” I felt confident in telling several claims for political asylum I filed which makes their ex-combatants of their number in 2004 that America with UNHCR in Bangkok. Within and their descendants in need – my country of origin – would do months, six persons and their families of protection. And in contrast to just that. What would I tell them now? were recognised as refugees by the eight other groups of refugees for UN and resettled to join Hmong whom Congress has waived the From 2002 to 2004 Benjamin communities in the US. In 2000, laws’ application – including three Zawacki (BZawacki@alumni. in recognition of their assistance, from Burma on whose behalf I am holycross.edu) worked with the Congress passed the Hmong Veterans presently working – the Hmong were Jesuit Refugee Service in Bangkok Naturalisation Act, which waived not among them, as announced by and since January 2006 has worked some requirements for them to the Bush Administration in January with UNHCR, Thailand. This article resettle and become US citizens. 2007. Such waivers in any case only is written in a personal capacity apply to those providing ‘material and is not intended to represent the As an American national, I felt a support’, such as the Blackbirds, and views of either JRS or UNHCR. certain pride in having argued not to the organisations themselves. their case to UNHCR, and I looked Carried to their logical conclusion, 1. www.time.com/time/magazine/ article/0,9171,501030505-447253,00.html forward to assisting the growing these facts lead dangerously close 2. http://web.amnesty.org/library/Index/ number of Hmong in Thailand. to implying that the CIA itself is a ENGASA260032007 Time’s articles and the pressure they terrorist organisation. This is not 3. http://hrw.org/english/docs/2006/12/12/thaila14822.htm placed on the Laotian government an inference the US seems intent 4. www.time.com/time/magazine/ article/0,9171,695913,00.html had induced many to cross the on clarifying or correcting. 5. http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.3162. border. Most of the 6,000 Laotian ENR: Hmong currently living in Thailand These effects are felt not only by arrived during 2004 and 2005. those seeking refuge in the US 42 Voices of courage FMR 28 Voices of courage

In May 2007 the Women’s Commission for Refugee Women – through voluntary labour and food- 1 and Children presented its annual Voices of Courage awards for-work – 12 permanent classrooms to three displaced people who have dedicated their lives to now accommodating almost 700 promoting economic opportunities for refugee and displaced students led by 12 teachers and a headteacher, most of whom work women and youth. These are their (edited) testimonies. on a full-time basis for a small stipend. These successes give me “I come from the province of and Family Services International. energy to continue my work.” Maguindanao in the conflict-affected Growing up in the middle of constant areas of Mindanao, southern armed conflict, I had become insecure Noraida Abdullah Karim (nakarim@ Philippines. Violence has existed and unsure of myself. CFSI saw cfsi.ph) heads the Mindanoa for more than 30 years. I still see something in me that I did not see operations of Community and very clearly our family being forced myself – the potential to have a Family Services International.2 to rush from one place to another, positive impact on the lives of others. always looking for safety. I basically grew up in an evacuation centre. It Building trust is a major challenge in is harder than anyone who has not Mindanao. Many of us are suspicious, “Women and children are like scraps always thinking in refugee settings, and it takes that we are courage for one to survive and to being used, be a refugee. I am a living witness. I neglected and was sexually exploited and abused marginalised. by men. Cruel people take advantage We always of war and conflict to put women feel betrayed and children at risk. I stood ground because a lot of and took courage to fight a battle for promises have women and children’s total freedom, been made, only respect of human dignity and self- to be broken the reliance. I fled Liberia the year the next day. We civil war started in 1990 and went to have seen peace Guinea where I helped start schools agreements for refugees. My partner of 13 years reached, only to left me and I was left alone with seven see violations children to support. I managed on by all sides. I a small stipend to pay my rent and have learned support my children but I had to that trust can use credit to meet my daily needs.

WCRWC be built by At the end of every month I was left being honest, with nothing because the interest rate exerting effort was too high. I said to myself, I am Noraida experienced it can ever imagine. to prove one’s sincerity in working being exploited again. I talked to a Abdullah Those who go there have no other with communities, facilitating few female teachers. We organised Karim choice. I hated the situation we were activities that lessen the feeling of a small credit union called Refugee in but I did not know where to place being marginalised, and sharing Women Self-Help Club which loaned the blame. I was angry, confused and the burdens of the people. money with low interest. With a loan hurt. Despite the hopeless reality of I used my baking skills to make cake, that time, I did not want to fail or to When CFSI began working with the doughnuts and bread that I sold to be useless. I made it my mission to people of Inug-ug in 2001, virtually the community. I found that there finish elementary and high school. the entire population of this small were many other refugee women who I sold on the sidewalk food cooked farming and fishing village were were abandoned with their children. by my family and used the small in evacuation centres, having been Some young women and girls were earnings to help my family and pay repeatedly displaced by violence and forced into prostitution to survive. my school expenses. After several armed conflict. They were distrustful They were being raped, abandoned, years helping my fellow Muslims of one another and outsiders. Infant oppressed and denied their rights. organise, lobby for peace and meet and maternal mortality rates were Many women and girls were their needs, I decided I would act high. Most parents had fewer than dying of HIV/AIDS and unwanted on my dream. I became a household six years of education and there were pregnancies. I decided to counsel helper for some of our relatives and no schools within the village. CFSI some of them on the pride and paid for my schooling. I graduated helped these people organise. Over dignity of a woman. I used myself with a degree in social work. Several the course of the last five years, the as an example. They told me, “Well, years later, I was hired by Community people of Inug-ug have constructed FMR 28 Voices of courage 43

1996. I was 15 years old and my little so they can go to secondary schools. brother Msimbe was 11. We were all We’ve had a campaign to teach alone. We lived and slept under trees people about HIV/AIDS. Women for a few months until someone took learn tailoring, soap making, knitting us to Lugufu refugee camp. There, and computer skills so they can find we eventually found our parents, jobs and make a living. We want our grandmother and our siblings. women to tackle their problems Lugufu camp is enormous – it has themselves and develop confidence. 32 villages. People live on rations We want women to live without from the World Food Programme. fear. We want them to participate in the decisions that affect their lives. Some Tanzanians called us fighters, A refugee woman is everything; robbers, eaters of men. They thought she is the source of whatever is in we were incapacitated, people of no her family or household. Children value. Soon after I arrived I knew I in Lugufu refugee camp have been must continue my education. But for raped and forced to be married when a long time in the camp there was they are very young. They have nothing – no teaching materials and missed out on school, sometimes no school building. We were studying because they’re child soldiers. under trees. I remember I was writing on the cover of a corn flour package.

Emily WCRWC Sloboh To pay for school I had to sell some of the food we received from WFP even Emily, you have a job. As for us, we though it wasn’t enough to survive. are not educated and have no career.” Many people didn’t want to go to school at first because they hoped This got my attention. They said they would not be in Tanzania for they were willing to learn any skills long. They believed that studying that would help them support their while being in a refugee camp had no children. We started an organisation sense since the education would not which has grown into Today’s be recognised anywhere. I attended Women International Network. an English evening class operated TWIN is carrying on protection and by refugees. Most people thought empowerment activities in Liberia that learning English was a waste of and Guinea and soon we will start time because we don’t speak English working in Sierra Leone. We have in DRC. But in 1999, thousands given marketable skills to 5,000 more people arrived at Lugufu. women and girls – tailoring, baking, People realised it was important soap making, computer literacy, to study English so they could hairdressing, carpentry, embroidery communicate with people working and batik. TWIN will continue to live for the international organisations. up to its commitment that women My classmates asked me to teach

and children will have a place of them English. So I started an evening WCRWC Atuu total peace and equal power.” class which was very successful. Waonaje

Emily Sloboh (ewasloboh@yahoo. I decided to start a new organisation We’re proud of our achievements. com) is the TWIN Coordinator. that would do more than just teach The centre has been recognised English. While still in secondary locally and internationally. We’ve school I founded CELA – the Center managed to get financial support for Youth Development and Adult from individuals and organisations. “One afternoon my little brother Education – in my native Kiswahili, Because of our work, every person and I were playing on the shores of Kituo cha Maendeleo ya Vijana in Lugufu is aware of AIDS and their Lake Tanganyika. Suddenly we saw na Elimu ya Watu Wazima. Our attitudes have changed. 80% of the hundreds of people fleeing for their headquarters are in Lugufu camp but youth who speak English in the camp lives. They were crowding onto a we’re planning on moving to Congo have learned it at our centre. Women boat, pushing and shoving to get to work with people whose lives have get jobs because of our programmes.” on. We’d heard stories of torture and been destroyed by the war. We fight killing in our country, Zaire – which against poverty and ignorance. We Atuu Waonaje (atuuwaonaje@ we now call the Democratic Republic increase employment opportunities. yahoo.com) has lived as a of Congo. War was raging there. I We develop programmes for women refugee in the Lugufu camp in feared for our lives, so I grabbed my and youth and we provide language Tanzania for the last 11 years. brother’s hand and ran onto the boat. training. We started with just a few We crossed the lake and landed in volunteers, friends of mine. Now we 1. www.womenscommission.org 2. www.cfsi.ph Tanzania, with only the clothes on have a staff of 44 men and women. our backs. This was 11 years ago, in We have given assistance to orphans 44 Colombia test cases strengthen IDP protection FMR 28 Colombia test cases strengthen IDP protection by Maria Beatriz Nogueira and Charalampos Efstathopoulos

Ground-breaking decisions in two cases brought against greater exposure to violence, abuse and forced recruitment, as the state of Colombia have demonstrated the potential well as from the marginalisation, of human rights jurisprudence in clarifying IDP rights and impoverishment and social establishing new mechanisms and standards in domestic and disarticulation caused by their loss of international protection. residence, property and livelihood. The ‘crisis of security’ created by forced internal displacement leaves Regional human rights systems have to life, personal integrity, fair trial, IDPs unprotected, with women and always played a significant role in freedom of movement and residence, children disproportionately affected. emphasising the rights-based nature judicial guarantees, private property of international IDP protection. This and child rights were considered This condition of special vulnerability, has been done through reporting by the Court in the context of according to the judgements, activities, fact-finding missions the provisions enshrined in the creates an obligation for states to and monitoring of specific internal American Convention on Human adopt positive measures to ensure displacement crises. The volume Rights.2 The Court ultimately found security for IDPs, even when the of actual jurisprudence produced the Colombian state responsible displacement is caused by the by regional human rights courts for these human rights violations. actions of third parties. In stating on the issue of IDP rights has been Various forms of monetary and this obligation, the Court promotes modest. There has been a significant non-monetary reparations were an understanding of IDP protection development, however, as a result demanded of the Colombian that is not limited to accepting of the two cases brought to the government, including the need to humanitarian assistance from the Inter-American Court of Human enable safe and dignified return to international community. States Rights1 against the Colombian all displaced persons who want it. are bound to take administrative, state: the Mapiripan Massacre v. legislative and/or judicial steps to Colombia Judgement, September protect, assist and empower IDPs. 2005, and the Ituango Massacre v. Advancing IDP rights The observation of such obligations Colombia Judgement, July 2006. will be demanded by the Court in These were the first cases in all future cases involving IDPs. Both cases deal primarily with which the Inter-American Court the deprivation of liberty, torture systematically considered the The Court’s interpretation of the and massacre of several civilians human rights implications of rights-based nature of IDP protection perpetrated by the paramilitary group internal displacement. This firmly significantly contributes to protection Autodefensas Unidas de Colombia establishes the competence of the efforts at the international level. in the Colombian municipalities Court in developing and clarifying The Guiding Principles on Internal of Ituango in 1996 and Mapiripan legal standards for the protection of Displacement3 were both endorsed in 1997. The acknowledgement IDPs and reinforces the international by the Court and applied in order of the collaboration – by deed human rights monitoring of IDP to clarify the content and reach of or omission – of members of situations in the region. The Court certain human rights enshrined in the the Colombian National Army not only expanded interpretations American Convention. The right not in these armed incursions of IDP rights but also put forward to be forcibly displaced was officially underlines the state’s responsibility specific policy recommendations for acknowledged as a component of the for human rights violations immediate protection in Colombia. right to freedom of movement and committed in both situations. The judgements thus strengthen residence. The vulnerable condition both the overall international of IDPs was recognised as being a Due to threats by the paramilitaries, protection of IDPs and the violation of the right to personal physical and psychological damage domestic protection responsibilities integrity. The judgements stress and the destruction of properties and of the Colombian state. that internal displacement entails means of livelihood, several families massive, systematic and prolonged were forced to flee their homes. The International protection is streng- violations of several human rights, multiple human rights violations thened by the acknowledgement thus preventing IDPs from leading and forms of deprivation they faced that IDPs constitute a special a ‘dignified life’. This entails an made internal displacement an category of concern. The increased expanded interpretation of the important subject of deliberation in vulnerability of IDPs, according ‘right to life’, thereby broadening both cases. Violations of the rights to the Court, arises from their the nature of protection from mere FMR 28 Internal displacement in eastern Burma 45 assistance to the promotion and encourages individuals and relatives. However, never before fulfilment of human rights. civil society organisations, in have durable solutions for forced Colombia and elsewhere in Latin migration crises been judicially In relation to domestic protection, America, to promote accountability recognised as a remedy or form of the Court did not limit its analysis of and demand respect for, and reparation by a human rights court. Colombian internal displacement to realisation, of IDP rights. The Court has taken pioneering the specific circumstances of the two steps towards consolidating human cases. The Court reviewed the origins, The Court requires – as a form of rights monitoring of IDP situations, complexity and manifestations of the reparation to the displaced family allowing other IDP-related cases IDP crisis in Colombia in an attempt members and former residents to be brought before human to place both cases within the context of Mapiripan and Ituango – that rights courts and developing and of a larger human rights problem. the state guarantee their safe and clarifying new legal standards. Great awareness was raised regarding voluntary return within a period of the human rights challenges six months. The Colombian state is Maria Beatriz Nogueira (mb_ posed by internal displacement in thus responsible for ensuring safe [email protected]) is an Associate Colombia and the specific obligations conditions for voluntary return Researcher at the Institute of required by the state. Reviewing and in both municipalities. If those International Relations, University evaluating Colombian government conditions cannot be guaranteed of Brasília (www.unb.br/irel), IDP policies, the Court found that within the period stipulated, then “the Brazil. Charalampos Efstathopoulos resources assigned to IDP protection State has to provide necessary and ([email protected]) has fail to address the magnitude of the sufficient resources for the victims recently completed an MPhil in problem. The Court agreed with of displacement to resettle in similar Development Studies, Department of previous decisions of the Colombian conditions found before the facts International Development (www. Constitution Court in considering of the case and in a place that they qeh.ox.ac.uk), University of Oxford. the inhumane conditions faced by freely and voluntarily choose.” This IDPs to be “unconstitutional”. is not a mere policy recommendation 1. www.oas.org/OASpage/humanrights.htm 2. www.hrcr.org/docs/American_Convention/oashr.html but a demand with which the 3. www.brook.edu/fp/projects/idp/gp_page.htm These decisions have not only Colombian state is obliged to comply. 4. See Manuel José Cepeda-Espinosa, ‘How far may benefited hundreds of IDPs Colombia’s Constitutional Court go to protect IDP directly but have also helped to The Inter-American Court is well- rights?’, FMR supplement ‘Putting IDPs on the map: achievements and challenges’, Dec 2006: www.fmreview. shape government policy on the known for ordering non-pecuniary org/FMRpdfs/BrookingsSpecial/13.pdf issue.4 By endorsing and elevating forms of reparation and for paying these decisions to the regional due attention to the rehabilitation realm, the Inter-American Court of surviving victims and their Internal displacement in eastern Burma by Heather Rae

The history of post-independent Burma is characterised villagers were forcibly relocated in by numerous conflicts in this extraordinarily heterogeneous Shan state. The Muslim Rohingya community of Arakan (Rakhine) state country. Since military rule began in 1962 Burma in western Burma continue to suffer has witnessed gross human rights abuses and discrimination and abuse following massive displacement. mass expulsions in 1978 and 1991- 92 into Bangladesh, from which many have since been repatriated Around 60% of Burma’s estimated Civilians in ethnic minority areas under less than ideal conditions. 50 million population are ethnic have long endured a range of abuses Burman. The rest belong to a myriad including forced displacement The State Peace and Development of ethnic groups – who are generally (often repeatedly), as well as Council (SPDC) – the official name called ‘national minorities’. While forced labour, extortion, arbitrary of the junta which seized power in the country is administratively punishment, torture, summary 1990 and annulled the results of the divided into seven divisions execution and systematic sexual election won by the National League and seven national minority violence against women and girls. for Democracy led by Aung San states, in practice there is great For example, between 1996 and Suu Kyi – ruthlessly implements a diversity within each entity. 2000 an estimated 300,000 Shan ‘four cuts’ policy. Devised to deny 46 Internal displacement in eastern Burma FMR 28

insurgents access Displacement is not simply the result eastern Burma are even worse. The to food, funds, of civilians being caught between Back Pack Health Workers Team recruits and clashing military forces. Villagers (BPHWT) estimates that the child information, are deliberately targeted and their mortality rate (under five) is 221/1000 it has had a orchards, paddy fields and rice (compared to 106/1000 for Burma major impact storage barns and livestock are and 21/1000 for Thailand). In eastern on civilians systematically destroyed. In 2006 Burma maternal mortality rates are in the ethnic 40% of Burma’s frontline troops were reported to be as high as one in 12 minority areas deployed in eastern Burma and two women. Such horrendous indices KHRG that ring central light infantry divisions were charged are equivalent to those found in Burma. The with the mission of preventing countries such as Sierra Leone or When SPDC Burmese armed forces have civilians harvesting their crops. The the Democratic Republic of Congo. Light Infantry attacked villagers and destroyed KNLA is vastly outnumbered and These problems are in large part Battalion 501 attacked livelihoods in the course of counter- its troops are more likely to spend created by the SPDC attitude that Th’Dah Der insurgency operations justified their time assisting villagers trying the provision of medical care to village (Lu in terms of national unity. to evade the Burmese army, rather and the possession of medicines Thaw township, than in directly attacking Burmese by villagers are hostile acts. This Papun District) army troops. The KHRG argues that humanitarian crisis is exacerbated in March 2007, the villagers Eastern Burma the militarised state is engaged in a by the extreme difficulty for the fled, taking crude campaign to bring rural people, few humanitarian agencies trying whatever The Thailand Burma Border many of whom have lived their lives to provide assistance to displaced belongings Consortium1 – an alliance of NGOs essentially outside the realm of any communities hiding in the jungle. and food they could carry. working together with displaced state authority, under state control. Several BPHWT medics have been people of Burma to respond to killed in crossfire or from landmines. humanitarian needs – estimates that The two views of what is occurring in eastern Burma a million people – ‘conflict-induced displacement’ and Those who seek shelter in remote have been internally displaced over ‘direct targeting of villagers’ – are areas are at extreme risk, surviving the past decade. Of the estimated not necessarily mutually exclusive. on a diet of rice and wild vegetables. 350,000 refugees in Thailand, They reflect emphasis on different, When searching for jungle vegetables around 150,000 are in refugee though closely related, aspects of a or returning to destroyed villages to camps. The Thai government does coercive state and nation-building salvage rice or cooking pots they are not recognise the refugee statues of project, in which the regime sees exposed to mines laid by SPDC troops more than 200,000 Shan refugees in armed opposition groups (however along village paths and in paddy Thailand. Around a million Burmese weakened) and any civilians who are fields. Malnutrition, lack of shelter migrant workers are also (particularly in the wet season) Villagers fleeing SPDC attacks. estimated to live in Thailand. and lack of access to medicines

KHRG and medical assistance result in In 2005-06 an estimated 82,000 high rates of malaria, dysentery people were forced to flee and other diseases. Civilians their homes in the face of the found hiding in the jungle also largest military offensives by run the risk of being beaten, raped the Burmese army since 1997. and/or killed by SPDC troops. These have affected the Karenni, Shan, Mon and, in particular, the Civilians who do not evade Karen in Karen state and eastern SPDC control and who are living Pegu division. The offensives in forced relocation sites also against the Karen occurred when face numerous challenges. They SPDC troops took advantage of are often moved to areas where an informal ceasefire concluded there are no adequate means in 2004 between the SPDC and the not under the direct control of the of subsistence. Since 1997 frontline Karen National Union (KNU) to push military or its proxies as a challenge to troops have been expected to be ‘self further into KNU-controlled territory. their authority. Villagers often try to reliant’. SPDC troops regard civilians Most commentators characterise the resist state control but at an extremely in relocation sites as expendable and attacks as part of a reinvigorated high cost. Many civilians are caught often force them to work as porters, ‘four cuts’ policy aimed at cutting in a cycle of constant displacement. grow crops, build roads and bridges, off villagers’ support for the Karen collect wood and bamboo for army National Liberation Army (KNLA), Their vulnerabilities are reflected in buildings and clear landmines. As the armed wing of the KNU. SPDC appalling health statistics. In 2004 well as the obvious dangers inherent troops are denying KNLA access the World Health Organisation in much of this labour, villagers may to civilians by forcing villagers into ranked Burma at 190 out of 191 have little time left to tend their own military-controlled relocation sites. states on provision of health care. crops, if they have them. In many Less than 3% of the national budget cases passes are needed to travel to The Karen Human Rights Group2 is spent on health – under $1 per fields which may be too far away to (KHRG) argues that the label ‘conflict- person per year – while 40% is spent make working on them possible in the induced displacement’ is inaccurate. on the military. The statistics for allotted time. Travelling to and from FMR 28 Internal displacement in eastern Burma 47

its programme of visiting prisoners. veto by China and Russia of a draft Schools have Since late 2004, when General Khin Resolution on Burma presented to to remain Nyunt was purged, the junta has UN Security Council by the US and mobile. They close whenever taken a harder line on in-country the UK. The veto may lead the SPDC SPDC columns international and local aid agencies. to assume that they can continue come near, This has resulted in heightened with impunity to commit systematic or when the surveillance and attempts at imposing human rights abuses in the name teachers and pupils have to administrative requirements to of ‘national unity’. At the regional flee with their increase state control of agencies. In level the Association of South-East families, but response to the difficulties of working Asian States (ASEAN), though they almost in-country, in 2005 the Global Fund to restive over Burma’s human rights always reopen fight AIDS, Tuberculosis and Malaria, record, has, so far, had little impact as soon as they can.

KHRG which had earmarked US $98.4 due to its core commitment to non- million for a five-year programme in intervention. Therefore, at least for fields, where that is possible, also Burma, withdrew from the country the time being, the IDPs of eastern increases vulnerability to injury from as did MSF-France. Since then Burma, struggling in the face of a landmines, to the rape of girls and pledges of support from the EU and worsening humanitarian emergency, women and to summary execution others have resulted in planning must remain largely self reliant. at the hands of the armed forces. for a new Three Diseases Fund (3D Fund). While debate continues Heather Rae ([email protected]. While many villagers are clearly over the political implications of au) is a Fellow in International determined to resist SPDC attempts humanitarian aid, the extent to Affairs, Department of International to control them and to remain which these pledges are met and Relations, Research School as close as possible to their land, how they might be operationalised of Pacific and Asian Studies, others, often after surviving multiple free of unacceptable government Australian National University. displacements, have fled to the border control remains to be seen. It is hoping to gain entry to refugee camps clear, though, that, under present Amnesty International’s Burma in Thailand. Once across the border, conditions, whatever aid does reach reports are at http://web.amnesty. community-based organisations such the people of Burma through these org/library/eng-mmr/index and as the Karen Refugee Committee channels, internally displaced people those of Human Rights Watch at: endeavour to assist with gaining are least likely to have access to it, www.hrw.org/asia/burma.php access to refugee camps. However, whether they are hiding in the jungle it has become increasingly difficult or living in forced relocation sites. 1. www.tbbc.org 2. www.khrg.org to cross into Thailand due to stricter border controls. Since April 2006, In this situation the problem of how thousands of internally displaced to deliver assistance to people with people have been gathering near Ei the cooperation of a state that is Back Pack Health Worker Htu Hta on the Burma side of the targeting those very people remains Team (BPHWT) Salween River. At the IDP camp a central dilemma, particularly when at Ei Htu Hta approximately 1,000 such assistance is regarded as a The Back Pack Health Worker Team people have been getting assistance challenge to the sovereign integrity (BPHWT) – a community-based from border-based community of the state. The hardships that arise organisation established in 1998 organisations and from local and from forced displacement, outlined by doctors and health workers from international donors. However, above, are the result of an assault by the Karen, Karenni and Mon States it is very difficult to get adequate a regime that regards all its citizens – has been providing primary health assistance to the thousands of people as potential enemies and which sees care in ethnic armed conflict areas hiding nearby and even harder to get members of ethnic minority groups and rural areas where access to assistance to those displaced further as confirmed enemies if they are not healthcare is otherwise unavailable. inside Burma – though locally-based under the control of the state or one of BPHWT has 70 backpack teams with groups like BPHWT attempt to do so. the several proxy militias it controls. two to five health workers in each Where a government so clearly fails team, delivering a range of health care in its responsibilities then protection programmes to a target population The international community should be the highest priority for of 140,000 displaced people. The the international community. Yet BPHWT aims to equip people with the International agencies such as the sovereignty continues to provide a skills and knowledge necessary to International Committee of the Red shield despite the chasm between manage and address their own health Cross (ICRC) have had some limited the SPDC’s notion of sovereignty problems, while working towards access to civilians in eastern Burma. as absolute authority and the long-term sustainable development. However, in November 2006 the emergent concept of sovereignty as Burmese government ordered the responsibility, which would embrace BPHWT’s 2006 report on ‘Chronic ICRC to shut down its offices in the norms embodied in the Guiding Emergency: Health and Human Rights eastern Burma, although they were Principles on Internal Displacement. later allowed to reopen with scaled- in Eastern Burma’ is online at www. down operations. It has cut staff This problem has been further geocities.com/maesothtml/bphwt/ numbers and been forced to abandon compounded by the January 2007 48 Enfranchising IDPs in Nepal FMR 28 Enfranchising IDPs in Nepal by Anita Ghimire

Nepal is emerging from conflict and discussing the timetable as the Comprehensive Peace Accord for elections. Maoist rebels have laid down their arms and under which the Maoists agreed to joined a coalition government. But will the elections have any help in the restitution of property and facilitate return and reintegration. credibility if large numbers of displaced people are unable to vote? Can Nepal learn from experience elsewhere? One of the most important conditions for free and fair elections is that Nepal is emerging from conflict insecurity and acts of intimidation. the electorate has access to timely and discussing the timetable for All these are apparent in Nepal. and correct information regarding elections. Maoist rebels have laid voting arrangements. Electoral down their arms and joined a Many IDPs have lost documents officials should have clear and coalition government. But will the or had them confiscated during concise information to convey to all elections have any credibility if displacement. In many areas those entitled to vote. Care should large numbers of displaced people the government itself has been be taken to ensure information are unable to vote? Can Nepal displaced for many years, unable to is understandable by those with learn from experience elsewhere? provide documentation or proofs of limited or no literacy. As Nepal’s citizenship to local residents who may historic election day draws near, A decade of armed conflict has left have been displaced subsequently. none of this has been done. around 200,000 people internally There have recently been chaotic displaced in Nepal. According to scenes in rural areas as people have article 8.1.11 of Nepal’s recently jostled to receive formal entitlement Conclusion introduced IDP policy, all IDPs are to citizenship. Even if IDPs do have entitled by law to vote. However, documents, they are prohibited from Disenfranchisement of IDPs calls the policy does not clarify whether casting a vote except in their original into doubt the legitimacy of the IDPs have the right to stand as place of residence. As most IDPs are forthcoming elections. It is vital that: candidates or whether they should of rural origin, and many are only vote in their place of origin or semi-literate, they are discriminated n experienced international place of current residence. It is against and face great difficulties in organisations be involved unfortunate that in most districts understanding and accessing formal in advising and supervising of Nepal voter registration process bureaucratic procedures. Most IDPs all phases of the election has now been completed and will be unable to return home to vote. – voter registration, information only those who are permanent Further conflict between returnees dissemination, election residents have been registered. and those who have occupied their organisation and vote counting land is likely. There are no concrete Elections are an important means plans to remove the large numbers of n Nepalese civil society be involved by which IDPs can have a say in landmines which prevent displaced in all stages of IDP participation the political, economic and social families from returning home and in the electoral process decisions affecting their lives. As resuming disrupted livelihoods. citizens of the country in which they n national and local authorities are uprooted, IDPs are entitled to vote To make matters worse, the Maoists with responsibility for the and participate in public affairs, a are still exercising their own judiciary administration of the election right which is af­frmed in the Guiding system parallel to the government be sensitised to the challenges Principles on Internal Displacement.1 in some places and setting their that IDPs and other vulnerable own rules on who can return and populations face in exercising It is important that Nepal learns under what conditions. The Maoists their voting rights. They should from the experience and expertise have announced three categories receive training on best practices of the international community of IDPs. One group is permanently for addressing such problems. in conducting and supervising prohibited from return and another elections which involve IDP voters. given the right to do so only after n gaps in national electoral From its own extensive experience, paying a fine. The Maoists have legislation be urgently the Organisation for Security and announced they will only return a filled to ensure it is in line Co-operation in Europe (OSCE)2 proportion of land confiscated from with international human has identified six sets of obstacles each IDP. The Maoists are now part right standards and the to IDP enfranchisement: lack of of the government and should be Guiding Principles on documentation; discriminatory required to follow national laws, Internal Displacement practices; obsolete and restrictive not those imposed by themselves. residence requirements; inadequate Their actions are a clear violation n the requirement compelling voting arrangements; lack of timely, of the Guiding Principles, on which IDPs to vote in their place adequate and clear information; and Nepal’s IDP policy is based, as well of origin be abandoned FMR 28 Urban asylum seekers and refugees in Thailand 49 n procedures be devised to ensure n electoral information be Anita Ghimire (bhattaraianita@ IDPs can vote outside their transparent and user friendly, yahoo.com) is a PhD student original place of residence. This bearing in mind the low at Kathmandu University right should also be extended literacy levels and rural undertaking research on the to those in hospitals, military origin of most IDPs. impacts of armed conflict on barracks and prisons. internal displacement in Nepal. Nepal’s electoral process could help in n IDPs – and particularly such the urgent tasks of returning security 1. See Erin Mooney and Balkees Jarrah, FMR23 ‘Safeguarding IDP voting rights’ marginalised groups as women and legitimising the government. www.fmreview.org/FMRpdfs/FMR23/FMR23brookings. and people with disabilities – be Only by ensuring IDP involvement pdf involved in designing procedures can the authorities send a clear 2. www.osce.org to ensure their democratic message that they are committed right to equal participation to creation of a new Nepal. in the electoral process Urban asylum seekers and refugees in Thailand by Vera den Otter

Burmese The difficulties faced by urban refugees are often different refugee in from those faced by refugees in camps but are no less Thailand. serious. The Jesuit Refugee Service (JRS) in Bangkok is struggling to support growing numbers of urban refugees in Thailand.

Thailand hosts some 477,000 asylum do not have the right to work; seekers and refugees; in 2006 there although some (mainly Asian) were 10,000 new arrivals.1 The refugees manage to obtain jobs, majority come from Burma and live those from Africa find it more or in nine refugee camps along the less impossible. Accommodation Thai-Burma border. Urban refugees is usually overcrowded, increasing are often from Laos, Nepal and Sri the risk of sexual and gender-based Lanka while others come mainly from violence as many unrelated women Cambodia, Vietnam, Iran, Palestine and men often share one room.

and the Democratic Republic of Refugees’ diets consist mainly of rice, UNHCR/J Redfern Congo. The country has relatively with little protein-rich nutrition. For easy-to-meet visa requirements, the majority of urban refugees in which enable asylum seekers to Thailand, the only durable solution (RSD) interviews. Each new asylum enter the country and subsequently is resettlement to a third country. seeker visiting JRS will spend time search for legal assistance. However, Thailand does not allow refugees with a social worker, receiving Thailand does not recognise to locally integrate and is not likely – for up to three months – social, Burmese or Laotian Hmong as to change this policy. Resettlement, emotional and psychological (urban) refugees and does not allow though, is often a long-term process, counselling. Those considered highly UNHCR to conduct Refugee Status and many refugees in Thailand vulnerable or to be SGBV survivors Determination procedures for them. spend years in a legal limbo. are referred back to UNHCR.

While Thailand provides a certain JRS staff explain the rights of refugees degree of protection for most Counselling and legal in Thailand and what it means to refugees and asylum seekers, their assistance needs be a refugee. Refugees sometimes lives are far from easy. Thailand is cannot accept that they have lost not a signatory to the 1951 Refugee After asylum seekers have whatever status they once had and Convention nor to the 1967 Protocol. registered with UNHCR, they that, in many ways, their lives will Asylum seekers and urban refugees are usually referred to the JRS now be harder than before. JRS helps are under constant threat of arrest office for counselling prior to their asylum seekers prepare and file and detention. Urban refugees Refugee Status Determination their initial claim to UNHCR. This 50 State practice and the family unity of African refugees FMR 28

can involve long meetings in which their resettlement, without having n national and international NGOs all information relevant to the case to fear arrest and detention. Their extend their programmes to is discussed. The JRS legal officer rights under international law support this vulnerable group, in prepares mock RSD interviews to should be respected. Moreover, collaboration with those NGOs show how the interview with UNHR resettlement countries should already providing assistance. will run and what kind of questions enlarge their quotas to resettle urban one can expect. Anxiety during refugees. JRS recommends that: The UNHCR Bangkok office closed the interview or not knowing the for new arrivals, RSD interviews and relevance of sharing an important n UNHCR increase its funding appeals on 8 May, 2007. It is uncertain piece of information at the right and staffing in Thailand’s urban when and if UNHCR can continue time can lead to rejection. Asylum refugee-related projects its services to urban asylum seekers. seekers learn how the RSD process JRS fears that, if the Thai government works, how long it takes, what n the Thai Government give prevents UNHCR from carrying they can do while waiting for the urban refugees temporary out refugee status determination interview and when they might legal status so that they are not interviews, other countries in the expect to learn the outcome. subject to arrest and detention region may follow suit. The situation is already difficult in Cambodia and Staff also make asylum seekers n UNHCR be permitted to Malaysia, with both governments aware that there is always a chance register all asylum seekers accused of deporting refugees that they will be rejected and what that seek protection, and allow back to their countries of origin. the consequences of this will be. everyone the right to RSD Every rejected asylum seeker has Vera den Otter (veradenotter@ the right to appeal. The JRS legal n the international community gmail.com) is the Information officer follows up on cases and recognise urban refugees as a and Advocacy Officer for JRS supports them in their appeal if vulnerable group of people Thailand (www.jrs.or.th). they think the person should have been recognised as a refugee. n resettlement countries take 1. See www.refugees.org/countryreports. aspx?subm=&ssm=&cid=1605 more urban refugees Urban refugees should be allowed to live in Bangkok while awaiting

State practice and the family unity of African refugees by Esther Sample

As African and Northern states increasingly prioritise or Northern countries of asylum, immigration control and economic and security while others will remain as IDPs considerations, families are being pulled apart. In the UK because of movement restrictions enforced by combatants or physical detention and deportation prevent reunification and actively or material constraints. The 1969 disrupt family unity. OAU Convention, ‘Governing the Specific Aspects of Refugee For African refugees, family With legitimate routes to safety Problems in Africa’, stated that all separation is often an unintended restricted, displaced African families family members should be extended result of forced migration, with increasingly pool together to pay recognition on a prima facie basis. family members compelled to follow an illegal agent to forge documents Individual status determination was different routes or to flee based and transport one member abroad, not included because in situations of upon available opportunities or despite trafficking risks and the mass influx the need for protection resources. However, it can also be likelihood of long-term separation. is obvious, and the number of the a chosen temporary strategy, such In the context of the extreme trauma examinations required would be as helping a child escape military of persecution and exile, the social, unfeasible. This means that families recruitment or sending a politically psychological and material support of who manage to cross the border active member into hiding. Family the family is of utmost importance. together are all granted protection separation is rarely intended to be and are not interrogated separately permanent, and huge efforts are Commonly, some family members as in the UK. Separated families usually made to re-unify members. will cross borders to refugee camps can also, theoretically, cross the FMR 28 State practice and the family unity of African refugees 51 border and then reunite. However, At the European level, those with on the Rights of the Child3 for this without more government and Subsidiary Protection – measures reason. This obligates states “to trace donor resources invested in refugee complementary to the protection the parents or other members of the family tracing to support the work regime enshrined in the Geneva family of any refugee child in order of agencies such as the ICRC, Convention and its 1967 protocol to obtain information necessary for chances of reunification are slim – fall outside the EC’s Family Reunion reunification with his or her family. amongst the chaos of the dispersed Directive. Similarly, the Dublin In cases where no parents or other communities in refugee camps. Regulation – the 2003 regulation to members of the family can be found, ensure that asylum seekers can only the child shall be accorded the Community income-generating projects can provide psychological wellbeing and social protection. The Ugandan and Zambian governments, with support from UNHCR, have converted some refugee camps into refugee resettlements, providing arable land and access to local markets and services.1 Under such circumstances families and communities are better able to maintain unity.

Unfortunately, however, most African states – resentful of the lack of international assistance and global burden-sharing – are following the Northern example and tightening border controls. As in the UK, this means that it is possible that some family members can be admitted and not others, as policies change or individuals Liberian refugee are interrogated. Tanzania, once boy newly

famous for its ‘open door policy’ UNHCR/H J Davies arrived in towards Rwandans, has moved Sheffield, UK. towards repatriating all refugees and closing its borders, impelled to claim asylum in one European Union same protection as any other child do so by their numbers, economic state – fails to ensure family unity, permanently or temporarily deprived crisis, shrinking international except in limited circumstances, if of his or her family environment for support and security concerns. they are separated during their forced any reason”. Refugee children in migration and are forced to apply the UK face prolonged interrogation for asylum in different European and are frequently detained over Risk of detention and countries.2 States can circumvent age disputes, leading to a drawn- separation in the UK their obligations to preserve refugee out procedure of interviews family unity as there is no definition and uncomfortable paediatric Those who make it to the UK may be of ‘family’ in international law. examinations, while being detained interrogated, detained or separated. Traditional African society is much with adults. Denied permission to work, asylum more communitarian with greater seekers have no route to the stability roles for ‘elders’ and more distant The incompatibility between or self-sufficiency that they seek. relatives and friends. As a result of immigration control and child The UK Asylum and Immigration high mortality, family groupings are protection policies means that Act 2004 allows for the withdrawal very often not ‘nuclear’. The refugee unaccompanied minors are less of all support from failed asylum- experience causes many families of likely to gain refugee status but at seeking families. Unless the family choice or circumstance to be formed. the same time they have a reduced is prepared to sign up for ‘voluntary Emotional and economic ties should chance of refoulement, at least until return’ and so receive support under in some instances be given the same they are 18. This policy incoherence section 4, this leads to destitution weight as blood ties or marriage. leaves asylum-seeking children and can result in the children being trapped in a marginalised or illegal taken into care. Detention centres can Western states are increasingly position and compounds their also separate asylum-seeking family suspicious about children being already traumatic situation. members. In terms of deportation, sent by parents as ‘anchors’, so ‘national security’ is the government’s that the family can then follow and Governments should recognise that key consideration, and minor offences be granted residence. The UK has through supporting family unity the can lead to one family member being officially derogated from Article ‘economic burden’ they fear from deported alone back to a conflict zone. 22 (2) of the 1989 UN Convention refugees can be lessened: a family Failure to protect: lessons 52 Failure to protect: lessons from Kenya’s IDP network FMR 28

group will rely less heavily on working in Malawi for a youth external providers of assistance and development NGO, ‘AYISE’. protection and witnesses can lead to speedier asylum determination 1. Ana Low, ‘Local Integration, a Durable Solution for Refugees?’ FMR25 www.fmrreview.org/FMRpdfs/ Nine million faces. procedure. The issue of refugee FMR25/FMR2538.pdf Nine million names. family unity is increasing in salience, 2. ‘The Dublin Regulation: Twenty Voices - Twenty Nine million stories. as refugee and IDP numbers grow Reasons for Change’ www.ecre.org/resources/responses_ and states expand immigration recommendations/798 Nine million children 3. www.unicef.org/crc controls, restrict entry for family re- are refugees right now. unification and disrupt family units. Refugees can be left isolated and in desperate need of support. The best UNHCR Africa newsletter Ninemillion.org is a UNHCR-led way to alleviate this problem, for campaign to raise awareness and UNHCR’s Africa Bureau publishes a both governments and refugees, is funds for education and sport regular newsletter which is available to encourage self-sufficient refugee programme for refugee youth, many online at www.unhcr.org/doclist/news/ family and community groups. of whom are forced to spend years 42c3b1b22.html and in hard copy. of their young lives away from home For more information, please contact Esther Sample (esthersample@ with little hope of returning. What Hélène Daubelcour (daubelco@ hotmail.co.uk) volunteers for the happens to them now, during their unhcr.org), Africa Bureau, UNHCR, Red Cross International Tracing years as refugees, is up to all of us. PO Box 2500, Geneva, Switzerland. and Message Service for Refugees www.ninemillion.org and Asylum Seekers and is currently

Failure to protect: lessons from Kenya’s IDP network by Prisca Kamungi and Jacqueline M Klopp

State-instigated violence in the 1990s in Kenya left Kenya’s IDP Network was launched thousands dead and hundreds of thousands displaced. Today in 2003 with support from many 1 civil society actors who worked for some 430,000 IDPs live in abysmal conditions. This is in the displaced during the violence: spite of the fact that Kenya has an IDP support network, a the National Council of Churches of vibrant civil society and, since a historic election in 2002, Kenya (NCCK)3, the Catholic Diocese of Nakuru and the Kenya Human political freedom to organise. What has gone wrong? Rights Commission (KHRC).4 The network represents IDPs in most With all its advantages relative to National Rainbow Coalition (NaRC) regions, except northern Kenya, many of its neighbours, and with its made the choice to include many where people experienced violent move towards a formal commitment of the former KANU politicians displacement. As it has worked to to the Guiding Principles, Kenya responsible for the violence. Since gain public recognition, it has felt the is still unable to adequately these politicians could deliver votes, need to become autonomous from its protect its IDPs. We draw on our they were also brought into the NaRC civil society partners by whom many experience working with Kenya’s government after the election and IDPs feel let down. The displaced IDP Network to analyse some of the some were even elevated to high are also deeply frustrated by what deep political barriers to effective positions. This made addressing appears to be official denial and delay. state and civil society action on the IDP plight politically sensitive Apart from some limited resettlement behalf of the internally displaced. and led the new President, Mwai and relief food in some places, Kibaki, to shelve plans for a Truth, the government and civil society Throughout the 1990s the Kenya Justice and Reconciliation process. have done little for Kenya’s IDPs. African National Union (KANU) government funded and orchestrated The fact that the government Another enormous problem is land – violence to cleanse opposition voters continues to see some perpetrators an issue which is both an underlying from key constituencies.2 In the of violence and their province- cause and a consequence of violence. run up to the 2002 election – which level accomplices as necessary The government has failed to reform ended the 24-year autocratic regime for its political survival is one of its system of land management. Like of Daniel Arap Moi – the opposition the biggest barriers to change. the former KANU government the FMR 28 Failure to protect: lessons from Kenya’s IDP network 53 current crop of politicians manipulate OCHA, UNDP and UNHCR have policy analysis and capacity need to land for political purposes. In 2006 not advocated for the rights of the be encouraged and supported locally. a much-heralded plan to resettle displaced in an effective and assertive If the land issue is so politically IDPs actually benefited hundreds of manner. Kenya is a key base for relief sensitive and insoluble, should IDPs non-IDP families. The government operations and as the IDP issue is be compensated in other ways for created a Task Force on Displaced politically sensitive the UN would lost property? What are the best ways People but it was not well advertised, seem to prefer to avoid any problems to approach reconciliation, given its work was poorly conducted with the Kenyan government. the existing political constraints? and its report has not been made Where are there openings for change? public. Safe in the knowledge that This leaves the IDP Network itself Leadership from the UN will be perpetrators of electoral violence as the key advocacy organisation in important in creating opportunities have gone unpunished, some Kenya. Its key supporters have been for dialogue and diplomacy and members of parliament are gearing poorer IDPs desperately needing holding Kenya to its international up to use internal displacement assistance and support to regain land, commitments. It is encouraging that, as a form of gerrymandering. receive compensation or be provided with prodding from the IDMC, the with sufficient security to return to relevant UN agencies are beginning Kenya lacks a legal and institutional their farms. Middle-class IDPs who to at least discuss the issue. framework that defines and have found ways to rebuild their recognises IDPs. While the Kenyan lives have not by and large joined Those actors within Kenyan civil government has not passed legislation the struggle. The IDP network lacks society who have been active in to make the Guiding Principles on local support, resources and strong protecting and supporting IDPs Internal Displacement national law, leadership. Cohesion and clear need continued encouragement and it has signed with ten other regional goals are difficult to achieve when support in this long and difficult governments a Security, Stability and faced with a politically charged struggle. Finding ways to create Development Pact of the Great Lakes and complicated advocacy task. a more functioning network with Region which contains a protocol The IDP Network has tried to be advocacy links to the UN and the on protection and assistance for the representative and multi-ethnic and government will be critical. The one displaced – the first legally binding has members in most parts of the government organ that is uniquely regional instrument specifically country but coordination challenges suited to help spearhead advocacy dealing with IDPs.5 Much local and are daunting and resources limited. and strategy for this work is the international advocacy is needed Without more concerted support it is Kenyan government’s own human to persuade the Kenyan public likely that the network will fall apart rights watchdog, the Kenya National and politicians to put it into effect. and that politicians who wish to keep Commission of Human Rights.6 Without pressure the Pact will remain the IDP agenda silenced will find The IDP Network needs direct a document without practical impact. ways to foster divisions within it. support both in terms of resources and help with advocacy. Kenya and the international community need IDP invisibility What is to be done? to acknowledge the organising efforts of this courageous, but Civil society neglect of IDPs is also Internal displacement is linked increasingly despairing, group a consequence of their low profile to poor governance. The failure of very vulnerable people. after 15 years of displacement. Most to address the plight of IDPs IDPs have scattered in search of encourages the continued use of Prisca Kamungi (kamungi@yahoo. livelihoods, merged with the urban internal displacement as a political com) is a PhD student at the poor and squatters, and are not tactic – to the obvious detriment of University of Witwatersrand and ‘visible’ in camp-like settings. No democracy. Failure to address the consultant on Kenyan IDP issues. NGOs focus exclusively on IDPs and needs of Kenya’s IDPs means that Jacqueline M Klopp (jk2002@ they are ignored by donors. There large parts of the former displacement columbia.edu) is an Assistant is very little international advocacy areas, including areas with some Professor of International and Public – apart from the Norwegian Refugee of Kenya’s most fertile land, will Affairs at the School of International Council’s Internal Displacement remain unstable and unproductive and Public Affairs, Columbia Monitoring Centre. The international – with obvious implications for food University. Both provide pro bono community seems to believe that security. They also remain violence- support for the IDP Network. For Kenya’s humanitarian crisis is prone and likely to swell the current further information about internal over and that now a democratic ranks of IDPs. The numbers of IDPs displacement in Kenya, visit www. government is in place the IDP are increasing as a result of natural internal-displacement.org problem will be automatically solved. growth and new displacements in 1. According to the Internal Displacement Monitoring Humanitarian NGOs working in western Kenya and among pastoralist Centre www.internal-displacement.org the region focus on more serious communities. The problem will not go 2. Jacqueline M Klopp ‘Ethnic Clashes and Winning and visible conflict situations in away and is only poised to get worse. Elections’, Canadian Journal of African Studies 35 (2) 2001: 473-517. neighbouring Somalia, Sudan and 3. www.ncck.org Uganda. For its part, the UN in Kenya The future costs of continued neglect 4. www.khrc.or.ke 5. www.irinnews.org/report.aspx?reportid=62757, www. has largely failed to accept that IDP of the IDP issue need to be better un.org/News/Press/docs/2007/sc8968.doc.htm protection falls within its mandate. understood and spelled out in public 6. www.knchr.org Field and headquarter officials of debate. More sustained and careful 54 Bizarre Australia-US refugee swap FMR 28 Bizarre Australia-US refugee swap by David Holdcroft

In April Australian Immigration Minister Kevin Andrews any concern for the protection of undocumented arrivals. If this is announced that, in a deal brokered with the US, Australia at the cost of due process and would ‘swap’ up to 200 refugees every year. human rights it will be ultimately self-defeating. Under the scheme, asylum seekers contract to the Australian government presently on the island of Nauru – on Nauru and Papua New The refugee protection system can, will be considered for resettlement Guinea’s Manus Island. Designed and must, accommodate unregulated in the US, if recognised as refugees. to discourage asylum seekers from movements of people across borders At the same time Cubans and making onshore applications, the seeking asylum. To take such Haitian refugees currently held in centres deny refugees access to extraordinary measures in response Guantanamo Bay will be resettled the Australian legal system. While to a small group of asylum seekers is in Australia. The US is the first the Australian government has undignified and wholly unnecessary. government to undertake to resettle a repeatedly stated that this group One cannot help but think that the significant number of refugees from would not be permitted access to policy is also designed to ‘wedge’ Nauru. Kevin Andrews described Australia, approximately 96% of the refugee lobby in Australia by the move as a deterrent, arguing that refugees processed through this putting up the US as an acceptable “potential resettlement in the US scheme have ended up in Australia location for resettlement: nevertheless will be a disincentive to those who or New Zealand. Clearly, this is a it is the process by which Australia seek to come to Australia illegally circuitous, potentially damaging arrives at this conclusion which is so because they have friends here.” and extremely expensive method damaging. We must begin to look for of processing refugee claimants. more sensible and humane options. Under Australia’s ‘Pacific solution’, asylum seekers who travel by sea It is hard to understand the logic of David Holdcroft (davidhsj@zipworld. but do not reach the Australian the US-Australian announcement com.au) is the director of the Jesuit mainland are processed in detention from any point of view. The prime Refugee Service, Australia. centres run by the International driver of refugee policy seems Organization for Migration – under to be border control rather than

Olympic scale of sport-induced displacement by Jean du Plessis

The Olympic Games have displaced more than two million In Beijing the authorities are clearing people in the last 20 years, disproportionately affecting large swathes of residential districts ahead of the 2008 Olympics. 1.25 particular groups such as the homeless, the poor, Roma and million people have already been African-Americans. Mega-events such as the Olympic Games displaced from their homes and it is often leave a negative housing legacy for local populations. estimated that a further quarter of a million will be displaced by the time the Games commence in August Researchers from the Geneva-based cities. Their report shows that little 2008. These figures do not include the Centre on Housing Rights and has changed since 720,000 people approximately 400,000 migrants living Evictions (COHRE), supported by were forcibly displaced in Seoul, ‘temporarily’ in 171 neighbourhoods the Geneva International Academic South Korea, in preparation for the in situations of extreme insecurity, Network (RUIG/GIAN),1 have studied 1988 Summer Olympic Games. having come to Beijing due to lack seven past and future Olympic host of livelihood opportunities in rural FMR 28 Olympic scale of sport-induced displacement 55 areas. Legal representatives and in London, over 1,000 people face other mega-event governing bodies housing rights defenders who oppose the threat of displacement from to fully integrate housing rights or challenge the forced evictions their homes, and housing prices are considerations into the selection are subject to ongoing intimidation, escalating. It is clear even at this criteria used for judging bids to harassment and, in some instances, early stage that construction of the host a mega-event. Organisers must imprisonment for transparently their activism. incorporate Giant Evictions in Beijing consideration banner often involve of housing hung on the the complete rights into all front of the Broadway demolition of poor aspects of the squats in people’s houses. preparation Sydney, The inhabitants and staging Australia. are then forced to of events. relocate far from Guidelines we their communities have prepared and workplaces, outline with inadequate opportunities transportation for promoting networks adding positive housing significantly legacies to be to their cost of enjoyed long living. In Beijing, after events and in China have been more generally, staged. These the process guidelines urge of demolition governments, and eviction is municipal Hazel Blunden characterised by authorities, arbitrariness and event organisers, lack of due process. In many cases, Olympic venues and facilities will bid committees, and even corporate tenants are given little or no notice disproportionately affect the poor, sponsors, athletes and spectators to: of their eviction and do not receive low-income earners, residents of the promised compensation. This public housing, and ethnic minorities n assess, monitor and evaluate lack of adequate compensation (or such as Gypsies and Travellers. potential and actual housing any compensation at all) sometimes impacts of mega-events leaves the evictees at risk of Approximately 2,700 Roma were n avoid disrupting existing homelessness and spiralling poverty. directly affected by the preparation homeless populations The forced evictions are often violent and staging of the Olympic Games in n ensure that staging a mega- and abuses committed during the Athens. For the Roma, the Olympic event contributes to stable eviction processes have multiplied. Games served to aggravate the housing markets and delivery discrimination and marginalisation of affordable housing The report also addresses the housing they already suffered, leading to n use mega-events as an impacts of other mega-events such as further segregation, violent forced opportunity to increase the the FIFA World Cup, World Expos, evictions and setbacks in their supply of low-income, public IMF/World Bank Conferences and prospects of securing adequate and social housing and improve even beauty pageants such as the and humane living conditions. the existing housing stock Miss World and Miss Universe contests. It shows how these directly Approximately 30,000 poor residents n hold violators of housing rights to and indirectly cause a number of were displaced from their homes account and ensure the availability housing rights violations including in Atlanta by gentrification, the of remedies for victims. forced eviction; rising housing demolition of public housing, costs (leading to unaffordability rental speculation and urban Jean du Plessis is COHRE’s Acting of housing); reductions in the renewal projects associated with Executive Director. For further provision of social, public and the Olympics. Around 2,000 public information, contact COHRE’s Media low-cost housing; discrimination housing units were demolished Officer, Radhika Satkunanathan against minorities and the poor; and nearly 6,000 residents ([email protected]). The Fair criminalisation of homelessness; displaced. African-Americans Play for Housing Rights report, expropriation of private property; were disproportionately affected guidelines and background papers and lack of transparency and by displacements. Criminalisation on the Olympic Cities studied are exclusion of local residents from of homelessness was a key feature at: www.cohre.org/mega-events participation in decision making. of the 1996 Atlanta Games. 1. www.ruig-gian.org Already, five years before the 2012 COHRE calls on the International Olympic Games are due to be staged Olympic Committee (IOC) and 56 Dubai: a City of Hope? FMR 28 Dubai: a City of Hope? by Lina Abirafeh

The City of Hope is an organisation offering refuge for abused in the end find out exactly what we women in Dubai, the largest city of the United Arab Emirates. do and the situation is fine. But by spreading these horrible rumours Dubai has started to acknowledge the social problems these people cause a lot of pain.” accompanying its phenomenal economic growth but is it Some lower-ranking policemen doing enough to tackle the scourge of human trafficking? have been persuaded to endorse the allegations but there is consistent support from the police authorities Sharla Musabih came to the UAE shelter through police, immigration, and the government. The concept of from the USA in 1983 to be with embassies, media and word of mouth. shelters is also endorsed by Islam. her Emirati husband. In 1991 she Due to the City of Hope’s popularity took in a woman who was a victim and increased demand, a second In October 2004, the UAE ratified the of domestic violence. What initially shelter is opening in the neighbouring UN Convention on the Elimination appeared to be an isolated case Emirate of Ras Al Khaimah. of All Forms of Discrimination revealed itself as an epidemic. As Against Women (CEDAW).1 Article the population of the UAE grew 6 commits signatories to “take all in numbers and nationalities, Elena (not her real name) is a 16- appropriate measures, including increasing social problems – and year-old Uzbek girl lured to the UAE legislation, to suppress all forms of social consciousness – also grew. with the promise of a lucrative job traffic in women and exploitation of in a boutique. Instead, she found prostitution of women.” However, “I could see a need for a shelter,” herself imprisoned in a home with the UAE does not fully comply Musabih says. “I wanted to provide several other women, condemned with internationally-recognised those in need with a temporary place to work as a prostitute. To stop her standards for the elimination of to breathe, until their problems are family in Uzbekistan searching for human trafficking. According to the solved.” So she set up a shelter – the her, the traffickers – Uzbek men US State Department, the UAE is “a City of Hope – while also working – forced her to call them to say that destination country for men, women, to rescue child camel jockeys and she had run away with a boy. As her and children trafficked from South raising government awareness of family and community believe the and East Asia, Eastern Europe, Africa, these problems. She reports that story of her elopement, she is now and the Middle East for involuntary the government has been very ostracised and stigmatised. Elena servitude and for sexual exploitation. receptive to the idea of a women’s lost hope and began to fear that, like An estimated 10,000 women from shelter. “I have been so amazed at the many other women trafficked sub-Saharan Africa, Eastern Europe, the cooperation and respect I have into Dubai, she was condemned to a South and East Asia, Iraq, Iran, received from the highest level of the life of prostitution. Fortunately, she and Morocco may be victims of sex government of the UAE. Working was found by the police and now trafficking in the UAE.” The US with them on very sensitive issues lives in a shelter run by the City of notes that the UAE fails to screen has been like having a magic wand. Hope. She is taking English courses women prostitutes to determine if My wish is their command.” and hopes to return to Uzbekistan they have been victims of trafficking. soon. Counsellors are working with Instead, these women are detained City of Hope supports women social workers in Uzbekistan to and deported. Prosecution for sex of all nationalities and ages. The explain the situation to her family traffickers is rare, although increasing. shelter houses up to 50 women and and facilitate her return home. In 2005, only 22 of the 100 reported includes victims of domestic violence, complaints resulted in convictions.2 trafficking and other forms of discrimination. The shelter provides Shelter or brothel? Recently, the UAE has taken women with a safe place to live, major strides to combat human counselling, training programmes, Unfortunately, segments of the trafficking. The Dubai police education, medical care and legal local population have been less established a human trafficking support. Those supported are given receptive. A smear campaign division to maintain a closer watch help to become self-sufficient. spearheaded by the husbands of on the problem. This division also Musabih explains that some women the women in the shelter has led to maintains a website and 24-hour have got married or found jobs accusations that Musabih is running hotline, and has recently launched and remained in the UAE, while a brothel. Musabih is hitting back an awareness campaign informing others have been repatriated to at critics and their unsubstantiated people of their rights and available their countries of origin. “We try accusations. “They call the police resources. Despite this increased to work around what they want to and say the villas are brothels. The awareness of the city’s social do,” she says. Women hear of the police quite rightly investigate and problems, women continue to feel FMR 28 Dubai: a City of Hope? 57 stigmatised, particularly when the hospitality industry which is almost Noora, like other Emirati women, perpetrators are men from their home fully owned/sponsored by the is worried what the outside world countries. Many victims therefore locals.” The review continues with thinks of the UAE but also concerned fear retribution by traffickers or a breakdown of the various women about double standards. “Prostitution pimps if they report the crime. available – by nationality, availability, and trafficking exist everywhere. But location and price. One well-known the US feels that it can criticise others In late 2006 new legislation was nightclub/brothel describes itself as without cleaning its own closet, so passed under which human the ‘United Nations of Prostitution’. to speak.” Noora’s concern is that traffickers may be jailed for life such negative press only feeds a and fined up to a million Dirhams Traffickers are usually natives of the frenzy about the Arab and Muslim (approximately $275,000). The UAE victims’ home countries, not Emiratis. world. “All the American media Penal Code criminalises prostitution Many of the pimps operating in is interested in is how oppressed and enticement into prostitution. It Dubai are women from the former women are in the Arab world. also prohibits establishing a place for Soviet Union, suspected of having Meanwhile, Emirati women are prostitution. Further, there is a special Mafia links. Upon arrival in the quite progressive and in fact feel decree preventing single women from UAE, trafficked women have their that Western women are not able various Central Asian countries from passports and possessions seized to recognise their own oppression. entering the UAE unless they are and are forced to work as prostitutes The world digs for controversies, over the age of 31, accompanied by a to repay their travel and living particularly concerning women. This male relative or on official business. expenses. These large debts become breeds fear and misconception doing even less manageable because the little to advance understanding based Noora (not her real name), an Emirati women receive little or no payment on truth and fact. Social change is a woman working on local gender for their work. Traffickers also sell process that takes time. We should issues, explained that there are other their victims to other traffickers. And work together to build capacity and women’s shelters in the country. Two the victims’ debts continue to grow. address social issues. The Western in Abu Dhabi operate secretly but world could benefit from spending are sanctioned and supported by more time understanding Muslim the government. She explains that societies and less time fearing the City of Hope has been a very will it become a city where them. Enough ‘invading’ and controversial undertaking, due in trafficking is silently ‘liberating’,” Noora concludes. part to the fact that Musabih is not Emirati. Her status as an informed tolerated in order to meet As Dubai becomes a world outsider sometimes seems to work international demand? capital, it is at a crossroads: will against her, despite her knowledge it become a city where trafficking of Islam and the Emirates. Noora is silently tolerated in order to pointed out that the City of Hope is meet international demand? Or acknowledged by the government The government’s commitment will Dubai confront social issues but is not official or necessarily legal. to addressing social issues is openly and directly, accepting that it The concept of a non-governmental evidenced by the fact that they have might lose some of its tourist appeal organisation is new to the UAE recruited independent consultants as a result? It is clear that the UAE and NGO laws and operating to train social workers to work is working to address social issues procedures do not yet exist. with victims of abuse. The UAE and that changes are gradually remains progressive on many taking place. A new climate of fronts, and battles that continue to debate and discussion is emerging. Dubai’s reputation be fought in other countries do not But will Dubai win a reputation apply. The 1971 constitution clearly as a veritable ‘city of hope’? As an international aid worker stipulated that women and men who spent four years in the male- receive equal pay for equal work Lina Abirafeh is an independent dominated humanitarian community – a battle not near resolution in gender and development consultant. of Afghanistan, I was privy to many many seemingly liberal countries. Now Senior Gender Advisor with discussions planning weekend AusAID in Papua New Guinea, she getaways to Dubai. For many Conscious of foreign criticisms, the is finalising a PhD at the London expatriate men, Dubai has become Emirates have resolved the problem School of Economics on the effects synonymous with prostitution. of child camel jockeys. In a 2005 of gender-focused international Several websites and blogs describe agreement with UNICEF, the UAE aid in post-conflict contexts. how to find prostitutes in Dubai, agreed to return these children – Email: [email protected] ‘party capital of the Middle East’. many of them under 10 years of age – One anonymous writer stated that he to their countries of origin. Legislation For more information on the City of is “happy to say that prostitution in now prohibits the use of children Hope, email [email protected], Dubai is very alive and well”. Another under 18 and remote-controlled write to: City of Hope, PO Box 75193, noted that “prostitution is commonly robots are being used instead. The Dubai, UAE or tel: +971(0)50.651.6511 found in Dubai. Prostitution scourge of trafficking of women, seems to be complementary to however, has yet to be tackled. 1. www.un.org/womenwatch/daw/cedaw 2. www.state.gov/g/tip/rls/tiprpt/2006 the economy as it supports the 58 Responsible refugee agencies could be ‘certified’ FMR 28 Responsible refugee agencies could be ‘certified’ by Andrew Lawday

in humanitarian accountability. A new certification scheme could help to make humanitarian HAP’s field advisers have reported agencies more accountable to refugees and displaced numerous good practices in people. Since the critical evaluation of the response to the accountability, transparency and Rwanda emergency in the 1990s, agencies have recognised complaints mechanisms in Pakistan, Sudan, Aceh and elsewhere. The weaknesses in both the accountability and quality of Danish Refugee Council, for example, humanitarian programmes. But an ‘accountability deficit’ has developed a complaints handling still plagues international aid responses to emergencies. system in the North Caucasus, where the agency provided food aid to over 200,000 mainly displaced people in Looking through evaluations The prevalence of poor accountability Ingushetia, Chechnya and Dagestan. published in 2005 and 2006, to disaster victims, it seems clear, The system succeeded in improving it is clear that humanitarians leads to poor quality services. food distribution, increasing dignity, still acknowledge a significant Indeed, any service risks being both trust and security. The International ‘accountability deficit’. International inefficient and ineffective when Rescue Committee, working with the NGOs took on fresh criticism for there is an imbalance of power Kenyan government and aid agencies, their performances in response to between the provider and receiver. established a complaints mechanism the Asian tsunami, despite efforts to to prevent sexual exploitation address long-standing weaknesses. of refugees. Medair developed Yet the important United Nations- beneficiary feedback tools in Darfur, led humanitarian reform barely “I see khawajas (white people) come using household surveys, individual mentioned accountability to people to the camp and go. NGO personnel interviews and patient opinion polls affected. Donors remained in also come to camp. But they rarely to identify problems and assess few evident ways accountable to tell us what they are doing. I feel impact. UNHCR developed a system beneficiaries. Disaster victims lacked we are not important, so we do not for refugee participation in refugee any means to demand accountability work closely with these people.” camps in Sierra Leone and has from aid agencies or donors. Fatima Abdul Mageed produced a Participatory Assessment (65-year-old IDP in Darfur) Tool on how to engage communities A recent survey by the Humanitarian and individuals in assessment. Accountability Partnership (HAP) found that senior Such good practices seem to be managers, programme managers Awkwardly, many agencies the exceptions that prove the rule: and policy advisers perceived account to donors at the expense of humanitarian accountability is accountability to disaster survivors beneficiaries. Perhaps that follows not systematically implemented to be still largely inadequate, from rising relief budgets. Bilateral by aid agencies, and it is not yet a though perhaps improving. humanitarian assistance from standard operating requirement. the Organisation for Economic As António Guterres, UN High Cooperation and Development’s Commissioner for Refugees, Development Assistance Committee New initiative to told UNHCR executives in 2005, (OECD/DAC)2 countries increased measure accountability “Accountability takes many forms, from $7.3 bn in 2004 to $8.4 bn in but our first responsibility is of 2005 – a 15% increase in real terms, That may change in due course. The course to the refugees, stateless, while international pledges to HAP Standard in Humanitarian and internally displaced persons.” countries affected by the tsunami Accountability and Quality In the State of the World’s Refugees totalled $14 bn. More than 50 Management, launched in Geneva 20061, UNHCR recognised that donors have committed $272 million in April 2007, is designed to help accountability mechanisms had to be to the newly expanded Central agencies systematically strengthen strengthened for displaced people. Emergency Response Fund (CERF).3 their accountability to disaster Internal accountability mechanisms victims. HAP developed the Standard in UNHCR offered neither adequate Of course, the challenges of in consultation with humanitarians, sanctions nor remedies when humanitarian accountability must disaster survivors and accountability fundamental rights of refugees and not obscure the achievements. Most advisers, and worked to ensure stateless persons are directly violated. respondents to the recent HAP its universal applicability. survey noted some improvements FMR 28 Responsible refugee agencies could be ‘certified’ 59

An important feature of the Standard association that aims to make is a certification scheme, which humanitarian action accountable “Becoming certified has been a provides responsible agencies with to intended beneficiaries. The challenging and worthwhile process the opportunity to have a formal 2007 Standard in Humanitarian that stretched OFADEC to improve its audit of compliance conducted by Accountability and Quality quality and accountability. It involved a a registered HAP auditor. The first Management is available at: www. certain amount of work and training for two agencies to have been certified hapinternational.org. Aid agencies the agency as a whole. By the end of – the Danish Refugee Council4 and concerned with accountability and the process, we found it was definitely the Dakar-based Office Africain pour quality are invited to contact Sheryl worth the effort to help us translate le Developpement et la Cooperation Haw (shaw@hapinternational. our own principles, standards and (OFADEC)5 – received the HAP org), the HAP Certification commitments into practice. And the Certificate at the Geneva meeting of Manager, for further information. process itself helped to build up trust.” HAP’s 17 members in April. Several Mamadou Ndiaye, Executive other HAP Members are expected 1. www.unhcr.org/cgi-bin/ Director of OFADEC texis/vtx/template?page=p to similarly seek certification. ubl&src=static/sowr2006/ toceng.htm The process of seeking certification 2. www.oecd.org/dac itself offers an effective means, Andrew Lawday (alawday@ 3. www.unfoundation. org/cerf/index.asp along with a positive incentive, hapinternational.org) is a consultant 4. www.drc.dk for an agency to implement the for the Humanitarian Accountability 5. http://membres.lycos. Standard across their organisation. Partnership. HAP is a Geneva-based fr/ofadec

FMR Editorial Advisory Board

Although the EAB members’ institutional affiliations are listed below, they serve in an individual capacity and do not necessarily represent their institutions.

Paula Banerjee Rachel Hastie Bahame Tom Nyanduga Calcutta Research Group Oxfam GB Special Rapporteur on Refugees, IDPs and Asylum Amelia Bookstein Arjun Jain Seekers in Africa Save the Children UK UNHCR Dan Seymour Nina M Birkeland Khalid Koser UNICEF Norwegian Refugee Council Brookings-Bern Project on Internal Displacement Jeremy Stickings Mark Cutts DFID OCHA Erin Mooney ProCap/UNHCR Richard Williams Jens-Hagen Eschenbächer ECRE Internal Displacement Monitoring Centre Roger Zetter Refugee Studies Centre

RSC-UNHCR Forced Migration Network The Refugee Studies Centre, that upon completion this We will include this information with support from UNHCR, mapping exercise will help in a global database that will is mapping, at a global level, enhance collaborative linkages form the basis of this initiative. researchers, academics, between academic institutions, We would be very grateful teachers, advocates and humanitarian practitioners, if you would respond to the practitioners who are policy makers and rights questionnaire available associated with various advocates working on issues online at www.rsc.ox.ac.uk/ institutions or working of forced migration globally. mapping.html by 15 August. independently to protect the We would like to know For further information, please rights and lives of forcibly more about yourself, your contact Simon Addison (simon. displaced persons. We hope organisation and its work. [email protected]). 60 RAISE FMR 28

Reproductive Health Access, Information and Services in Emergencies The RAISE Initiative: building RH capacity through collaboration by Diana Barnes-Brown and Janet Butler-McPhee

Capacity building to ensure the provision of quality sexual institutional capacity and leadership are required by agencies at all and reproductive health services (RH) in emergencies levels.”2 The GDR also called for 1 is a key component of the RAISE Initiative. improvements in evaluation and dissemination techniques for As emergencies become longer- and development agencies ensure replicable service delivery models. term in nature, it is essential that quality RH services in emergency – alongside the initial emergency settings and building local capacities The following year, the Inter-agency response – agencies plan for a longer- to respond to humanitarian needs. Working Group on Reproductive term engagement. This frequently The RHRC has for a long time run a Health in Refugee Settings (IAWG) requires closer cooperation between programme offering technical and published the Inter-agency Global relief and development agencies organisational development support Evaluation of Reproductive Health and there is often a need for on- to local and national organisations. Services for Refugees and Internally site presence for years, possibly This programme has also played Displaced Persons.3 The report decades, as the camps, urban slums, presented an in-depth review of improvised settlements and other the topic, using six complementary ‘temporary’ locations to which studies and a range of research refugees and IDPs migrate become methods to assess the status of RH the only available options for long- among displaced populations all over term or permanent settlement. the world. The result was a valuable and comprehensive assessment of the RAISE (Reproductive Health state of RH for these populations. Access, Information and Services in Emergencies) is working in a range The IAWG report found that of such settings including Darfur, improvements had taken place but South Sudan, northern Uganda and that there was still much to be done the Democratic Republic of Congo. before RH services for refugees and In these settings RAISE works with IDPs reached acceptable standards relief and development partners to in terms of both availability help build their capacity to ensure and quality. One of the central increased access to comprehensive challenges noted in the IAWG’s RH. With the changing nature of report was that of “improving the RAISE/Jennifer Schlecht RAISE/Jennifer conflict, the approaches of relief collection and appropriate use of agencies towards the provision data [and] nurturing the growth of of RH services are also changing. a key role in facilitating capacity- interagency collaboration.” Each Manuals and resources have been enhancing links among local, study identified difficulties in produced and distributed to support national and international agencies. gathering data or limitations in the these agencies providing RH availability and quality of existing services. What is required now is In 2003, the RHRC published Refugees data, and emphasised the need to support for agencies to strengthen and Reproductive Healthcare: Global improve current data collection their capacity to implement Decade Report (GDR). In the report and compilation practices. programme activities effectively. the RHRC noted that “the lack of technical assistance and capacity Alongside clinical training and The work of RAISE builds on the building continues to prohibit follow-up and support for project work of the Reproductive Health the provision of comprehensive implementation, improving Response in Conflict Consortium RH services… Increased training monitoring and evaluation is one of (RHRC) and others in helping relief and technical assistance to build the RAISE Initiative’s key methods FMR 28 RAISE 61 both for achieving improvements such as the UN Process Indicators distance conferencing throughout in RH delivery in humanitarian for Emergency Obstetric Care. remaining data collection as well emergencies and for contributing as during analysis, dissemination to the development of current Participants launched their initial and utilisation of facility assessment and future RH practitioners. baseline activities within a month findings. This technical support and of the workshop. For facility the participatory nature of the Nairobi assessments, data were collected workshop have been significant Nairobi workshop sets the pace using a standardised instrument in enabling successful building adapted from Columbia University’s of capacity of service delivery Good quality data are needed to Averting Maternal Death and partners in implementing baseline identify gaps in equipment, supplies Disability7 (AMDD) programme by assessments. Incoming reports from and human resources, to identify the RAISE team and further adapted the field show that the workshop strengths and opportunities, and to based on feedback from workshop was effective in mobilising local advocate for changes to policy to participants. Facility assessments staff and initiating data collection. improve access to services. In order to measure RAISE staff anticipate that programme effectiveness, the availability of ongoing it is essential to collect technical support, both on such baseline data at the ground and by distance the start of projects. conferencing, will facilitate the successful completion of In February 2007, RAISE both facility assessment and completed a workshop population-based survey in Nairobi, Kenya, activities. In turn, successful with service delivery completion of the two-part partners. The objectives baseline assessments will of the workshop were provide evidence which to introduce baseline can be applied to fine-tune assessment techniques to project activities and be a staff at both headquarters sound basis for comparison and field levels and with later findings. to develop detailed workplans for baseline Diana Barnes-Brown studies. Two methods ([email protected]) is of data collection were the Technical Writer/Editor promoted for use in and Janet Butler-McPhee the baseline activities: ([email protected]) the facility assessments and Communications Manager population-based surveys. for the RAISE Initiative (www.raiseinitiative.org). Participants included partners from the Schlecht RAISE/Jennifer If you would like to receive International Rescue regular email updates on new Committee4 (IRC) in resources on RH in conflict the Democratic Republic of Congo have been completed in eight IRC settings, please visit the RAISE (DRC), American Refugee Committee5 sites and two ARC sites in Darfur, Initiative website and subscribe (ARC) Darfur, ARC South Sudan, five IRC sites in DRC, and ten MSU to the email list as directed. Marie Stopes Uganda6 (MSU) and sites in northern Uganda. Facility both IRC and ARC headquarters. assessments will begin at ARC’s 1. The RAISE Initiative, formerly known as CRHC (introduced in FMR27 www.fmreview.org/FMRpdfs/ Participants were selected on South Sudan sites in the near future. FMR27/46.pdf), is a joint initiative of Columbia the basis of their key roles in the Population-based surveys, the next University and Marie Stopes International, working with planned baseline assessments. step towards completion of the key development and humanitarian agencies to ensure overall baseline assessments, have that the reproductive health response in humanitarian settings is appropriate to actual needs on the ground. At the workshop, participants begun at IRC sites in Darfur and DRC, 2. Reproductive Health Response in Conflict Consortium learned from the wide experience ARC sites in Darfur, and MSU sites. (RHRC), Refugees and Reproductive Healthcare Global and expertise of both facilitators and Decade Report, 2003, p10. www.rhrc.org/pdf/Global_ other participants. Each session had RAISE Initiative programme Decade_Report.pdf a clear focus and learning objective staff provided technical support 3. Inter-agency Working Group on Reproductive Health in Refugee Settings (IAWG), Inter-agency Global Evaluation but allowed discussion time in small throughout the data collection of Reproductive Health Services for Refugees and Internally groups for experience to be shared. process, working closely with Displaced Persons, 2004. www.rhrc.org/resources/iawg/ Whilst the focus was on research workshop participants at their 4. www.theirc.org/ methods, participants also learned field sites to train teams of data 5. www.arcrelief.org/ 6. www.mariestopes.org.uk/ww/uganda.htm more about the evidence base for collectors. RAISE staff will continue 7. www.amddprogram.org/ RH services as well as programme to provide both on-the-ground experience with different indicators, technical support and support via 62 UNHCR FMR 28 EU integration of refugees by the UNHCR Bureau for Europe

Article 34 of the 1951 Convention calls on States to future and exposure to ignorance, hostility and humiliation all aggravate facilitate the “assimilation and naturalisation” of refugees. the psychological state of the person UNHCR recently published recommendations on how concerned. It is important to remove members of the European Union could better do so.1 obstacles that maintain effects of trauma. Unless the consequences of As part of its mandate to assist upon commencement of the asylum trauma are addressed, refugees may countries in fulfilling their obligations procedure and should convey key not be in a position fully to participate towards asylum seekers and information about the host society. in integration programmes, and refugees, UNHCR recently conducted UNHCR suggests that six months their ability to become active assessments in several European be set as a maximum period for any members of society may be Union countries to identify obstacles ban on access to the labour market seriously hampered. Specialised to the integration of refugees and for asylum seekers. Providing access care, counselling and other types of other people in need of international to the labour market and vocational health facilities should be provided protection. The refugee men, women, training can reduce reception costs, – and cross-cultural mediators boys and girls who participated have discourage informal employment and interpreters may be needed. revealed what refugees perceive and facilitate reintegration into as key obstacles to integration: the country of origin by allowing The possibility of being reunited with asylum seekers who return home one’s family is of vital importance n difficulties due to lack of to do so with a degree of financial to the integration process. Family knowledge of local languages independence or acquired work skills. members can reinforce the social and differing cultures support system of refugees and, in Accommodation which allows so doing, promote integration. In n discrimination and unreceptive interaction with the host community the EU, family reunification rights attitudes towards foreigners is also important for future are generally limited to core family integration. Detention, even if for members, despite the fact that in other n lack of understanding within a short period of time, can have cultures extended family links can host societies of the specific lasting effects on individuals be very strong. UNHCR encourages situation of refugees and on their ability to adjust and Member States to adopt a pragmatic integrate, particularly in the case of and flexible approach to requests n psychological impact of children and traumatised persons. for family reunification with other protracted inactivity during dependent family members who asylum procedures The Directive concerning the Status were living in the same household of Third Country Nationals who as the refugee prior to flight. n limited access to rights for persons are Long-Term Residents grants with subsidiary protection. a conditional right to permanent Naturalisation concludes the legal residency after five years’ residence dimension of the integration process An extended asylum procedure on the territory of an EU Member as it leads to cessation of refugee can be one of the main obstacles State. The Directive does not apply status. Several EU Member States to successful social, economic and to refugees. Refugees and persons have reduced waiting periods and cultural integration. The status granted subsidiary protection naturalisation fees and/or removed determination procedure is often who reside lawfully in and have requirements for the renunciation characterised by insecurity and contributed to communities in of the citizenship of the country inactivity which may be damaging to Member States for many years of origin. UNHCR encourages refugees’ mental health, provoking do not at present enjoy the same other Member States to follow depression, dependency syndrome, rights under EU law as other legally suit and consider the possibility apathy and lack of self-confidence, resident third country nationals. In of facilitating the acquisition and hindering employment and UNHCR’s view, permanent residence of citizenship by refugees. social skills after recognition. should be granted to both refugees Lengthy procedures have a and those granted subsidiary For further information, particular impact on children. protection at the latest at the end of please contact Pirkko Kourula a three-year period of residence. ([email protected]), director of Reception policies should be designed UNHCR’s Bureau for Europe. to minimise isolation and separation Inadequate reception can exacerbate from host communities and provide or perpetuate the effects of any 1. Following an informal meeting in May 2007 of EU ministers responsible for integration, UNHCR published for effective language and vocational pre-flight trauma. Continued a Note on the Integration of Refugees in the European skills development and assistance separation from family members, Union: www.unhcr.org/protect/PROTECTION/ to pursue employment. Language absence of work, social exclusion and 463b462c4.pdf training should generally be provided marginalisation, anxiety about the FMR 28 Brookings-Bern Project on Internal Displacement 63

Brookings-Bern Project on Internal Displacement

Improving health and mortality data for IDPs by Robert Lidstone

Accurately measuring mortality resources and sources of income and n contextualise data on IDPs rates and other indicators of health employment. Overcrowding, poor by establishing appropriate is an important means for targeting sanitation, inadequate provision for benchmarks: most existing surveys assistance for IDPs and evaluating the basic needs, ongoing insecurity and refer to thresholds used to define impact of humanitarian responses. exposure to unfamiliar environments an ‘emergency’ situation as a Yet data on health and mortality also increase the potential for death, means of indicating the severity among IDPs are often non-existent, injury and disease. For IDPs these of a crisis but further research inaccurate and incomplete. Few data effects on health may be compounded should consider additional have broad geographical coverage by their inaccessibility to outside benchmarks, such as national across a region in conflict, often assistance and protection and data collected before the onset of being collected in single or scattered the inability or unwillingness of crisis and data collected on non- locations. Many countries with a high their own governments to provide displaced and refugee populations number of IDPs have no IDP-specific for their health and safety. health and mortality data published n survey populations on at all. Data are not amenable to Based on a review of existing violent causes of death and comparison due to methodological studies of mortality and other non-fatal threats to physical differences in research design, population health indicators security including injury by data collection and analysis. among IDPs, the Brookings-Bern landmines and other accidents, Project on Internal Displacement in order to highlight security The relatively few epidemiological has identified the following and protection issues studies among IDPs consistently recommendations for improving document rates of mortality, data collection and understanding n collect separate data on sexual morbidity and deprivation well of the health needs of IDPs: and gender-based violence above emergency thresholds. For instance, a Médecins Sans Frontières n adopt a standard operational n survey households on non- survey of IDP camps in Katanga in definition of an IDP following violent causes of death such the Democratic Republic of Congo the Guiding Principles on as malaria, fever, cholera, estimated a crude mortality rate Internal Displacement1 to diarrhoea, meningitis, measles, of 4.3 deaths per 10,000 persons be used in collecting data respiratory infection, AIDS per day, quadruple the rate of 1.0 on health and mortality and acute malnutrition used by UNHCR to designate an emergency situation. A 2005 study n broaden the geographical scope n measure malnutrition indicators conducted among IDPs in eastern of mortality and health data to gain insight into food security Burma by Backpack Health Worker by developing assessments for and potential contributing Team indicated a strong link between under-investigated countries with factors towards higher mortality forced displacement and high rates significant population of IDPs rates for a population. of malaria and landmine injury. It and collecting data representative also estimated a rate of childhood of all areas within a country Identifying the unique determinants malnutrition among IDPs that was affected by displacement (insofar of mortality, morbidity and 3.1 times higher than the national as security conditions permit) malnutrition among IDPs in rate, reflecting a serious lack of food multiple geographical contexts security among displaced people after n collect data on the age and will provide the essential being separated from their land and gender composition of knowledge to more effectively resources. WHO and MSF surveys in the study population shape humanitarian responses. Darfur confirm diarrhoea to be the single greatest cause of death. A WHO n design a standard and consistent Robert Lidstone was attached survey of IDPs in northern Uganda research methodology enabling to the Brookings Bern Project revealed the incidence of malaria data to be compared as a UN Association in Canada to be on the rise; insecticide-treated Junior Professional Consultant. bednet coverage – a crucial means of n examine how the vulnerability of This is a summary of a report protection against the disease – was IDP populations changes over time online at www.brookings.edu/fp/ only 28% among children under five. and through different phases of projects/idp/200705_health.htm forced migration by establishing Forced migration is known to impact sufficient recall periods (the time 1. www.brook.edu/fp/projects/idp/gp_page.htm on health in several fundamental interval included in surveys) ways. It disrupts pre-existing social networks and access to material 64 Norwegian Refugee Council FMR 28

When 93,000 people know your name by Alfredo Zamudio

“Norwejj, norwejj, okay, okay,” was how smiling faces greeted Humanitarian response in a me every morning for nearly two years. I was the Norwegian camp like Kalma is a complex 1 humanitarian operation, requiring Refugee Council camp coordinator for Kalma IDP camp, east proper management, solid funding, of Nyala in South Darfur. Kalma is currently home to 93,000 resilience and diplomatic abilities, IDPs – individuals with the usual range of skills, aspirations as well as a clear understanding of the humanitarian issues and and hopes but who, because of violence and conflict, of international humanitarian currently need assistance to survive. law and standards.

Kalma camp is some 7km long and issue for the success of coordination. Alfredo Zamudio (p-director@ 1.5km at its widest. It was established Kalma has three major stakeholders: easttimor.nrc.no; Alfredo. in February 2004 when the authorities [email protected]) was NRC relocated IDPs from an existing camp n 93,000 IDPs represented Camp Coordinator in Kalma near Nyala. By July 2004, when NRC formally by 650 sheikhs IDP camp until late 2006. was asked by Sudan’s Humanitarian Affairs Commission (HAC) to n Government of Sudan (GoS) 1. This job is called ‘camp manager’ in the NRC Camp Management Toolkit. coordinate humanitarian efforts, the represented primarily by 2. www.unmis.org population of the camp had increased HAC and the police 3. www.sphereproject.org to 46,000. Since then, Kalma’s 4. www.brook.edu/fp/projects/idp/gp_page.htm population has more than doubled. n national and international 5. www.nrc.no/camp (currently being revised) NGOs, plus UN agencies NRC was party to a tripartite agreement with the UN’s Office for NRC did not have Memoranda of On 3 September 2006 NRC was the Coordination of Humanitarian Understanding with partner agencies informed that it was being suspended Affairs (OCHA) and HAC, with on a permanent basis, although from working in Kalma IDP camp. HAC taking the role of camp these were occasionally drawn up On 9 November, after 64 days of manager and NRC that of camp for specific projects, such as non- suspension, NRC decided to withdraw coordinator. The day-to-day work food item distribution or hygiene from South Darfur. On 21 November of camp coordination involved campaigns. All camp coordination NRC was officially evicted, on grounds daily dialogue with and mediation activities aim to improve living of making false reports of rape and between IDPs, participating/partner conditions but the main role for of creating divisions between the IDP agencies and international agencies the camp coordinator was to community and the government. such as the African Union Civilian provide sufficient humanitarian Police (AU CivPol), the UN Mission space in the camp and to ensure in Sudan (UNMIS)2 and OCHA. collaboration of the IDPs. We managed this by establishing multi- The Norwegian Refugee Council NRC’s work follows the precepts faceted communication between (NRC) works to provide assistance of international humanitarian law all stakeholders. Sometimes this and protection to refugees and (including respect for and advocating was put under great pressure, displaced people in Africa, Asia, in favour of the provision of particularly by the high levels Europe and the Americas. humanitarian space and access to of insecurity in the camp. beneficiaries), international human www.nrc.no/engindex.htm rights law, the SPHERE Standards3 Social workers were trained in and the Guiding Principles on protection issues especially those The Internal Displacement Monitoring Internal Displacement.4 NRC’s affecting women, such as firewood Centre (IDMC) is part of NRC approach in Kalma was underpinned collection, sexual harassment and and is an international non-profit by NRC’s Camp Management abuse, domestic violence, high food organisation that monitors internal Toolkit5 which provides a framework prices and registration problems. displacement caused by conflicts. for identifying issues, action These concerns were passed on to points, partners/stakeholders, the coordination team. NRC had a www.internal-displacement.org problems, outputs and results. rule of hiring at least 50% women when hiring day workers – for the Contact : IDMC, 7-9 Chemin de The importance of identifying and same salary as men – and was also Balexert, 1219 Chatelaine, Geneva, understanding stakeholders is a key the first NGO to hire female guards. Switzerland. Email: [email protected] FMR 28 IDMC 65

Continuing displacement in DRC by Greta Zeender

Despite successful elections in late 2006 and an belligerent factions (in a process overall increase in the level of stability, over a million known as brassage), as well as to disarm and repatriate foreign armed people remain displaced in the east of the Democratic groups. Until the reform of the army Republic of Congo (DRC). The situation is particularly is complete, DRC will experience at worrying in North Kivu where over a hundred thousand best a fragile peace. The integration people have been displaced in recent months. process has been marred by corruption and by conflicts between soldiers, often reflecting local ethnic In 1996, and again between 1998 and of MONUC – the UN Mission in divisions. Failings in the disarmament 2003, the DRC suffered two major the Democratic Republic of Congo1 and demobilisation programme, wars as rebel groups with close links – have played a crucial role in administered by the Commission to neighbouring states competed to providing security in the country. Nationale de la Demobilization control large areas of eastern DRC. In May 2007, MONUC’s mandate (CONADER), have resulted in an Civilians have borne the brunt of was renewed by the UN Security undisciplined national army, which the violence, often being targeted Council until the end of the year. In has taken on the characteristics of for ethnic or political reasons. 2006, millions of voters took part the rebel groups it was supposed to Displacement peaked in 2003, with an in the country’s first multiparty be integrating. Congolese soldiers, estimated 3.4 million people forced themselves ill-equipped, unpaid and from their homes, most of them unfed, are often in no position to IDPs in the east of the country. Around defend themselves – or any civilian homeward four million died as a result of the in their care – against armed groups. bound, DRC conflict. The scale and intensity of In addition, they continue to harass conflict have considerably decreased civilians and extort their goods. In over the last few years. More people 2007, the situation in North Kivu are returning home than are fleeing further deteriorated. Brigades made but displacement is ongoing and up of former Tutsi militias loyal to the needs of returning IDPs are not former dissident General Nkunda being met. Operations by Congolese were deployed in the province rather armed forces to disarm militias, than being sent to other regions as well as human rights violations and integrated with other soldiers committed by the army and the (a process known as mixage). They militias, continue to cause frequent are reported to have committed displacement in eastern provinces. widespread human right violations, including the recruitment of some Over half of the current IDP 300 children and the displacement of population are in North Kivu UNHCR/S Schulman over 100,000 people. Ethnic tensions – the eastern province bordering in the province are reported to be on Rwanda and Uganda – with the rise. Also, as a result of attacks substantial additional numbers in elections in 45 years which were but also of the targeting of vehicles the provinces of Ituri, South Kivu won by Joseph Kabila. The majority delivering humanitarian assistance, and Katanga. Most IDPs live with of IDPs were reportedly not able to humanitarian space has shrunk host communities or hide in forests. vote due to insecurity, or because in several areas of the province. Following massive influxes of people, they had lost their electoral cards or IDP camps have also been set up. had them confiscated by armed men. Armed groups are committing grave One cloud on the horizon is that the human rights violations, including In mid-2003, a power-sharing main defeated candidate, Jean-Pierre killings, rape, sexual exploitation, transitional government was set up Bemba, slipped out of the country in abductions, forcible conscription following the withdrawal of foreign April 2007 after violent clashes in the of children, looting, plundering of armies. Made up of former enemies capital Kinshasa between his armed crops, illegal taxation and general who frequently quarrelled, the supporters and the security forces. harassment of civilians. The illegal government was not able to bring exploitation of natural resources security to eastern DRC where local A major challenge for the Congolese (gold, coltan and diamonds) and the militias continued to cause massive government is the need to integrate smuggling of goods and weapons displacement. The 17,000 soldiers over 78,000 troops from different add to the violence. Despite all 66 Brookings-Bern Project on Internal Displacement FMR 28

for Solidarity and Humanitarian Affairs has primary responsibility for responding to the needs of IDPs. The ministries of the interior and defence are also involved but their roles are unclear. There is an urgent need for a national framework or strategy for tackling displacement:

This will require:

n mapping out current return movements and number of returning IDPs, particularly in eastern DRC UNHCR/S Schulman

IDPs, DRC. n strengthening coordination on initiatives undertaken to counter diseases broke out among IDPs return issues between Kinshasa sexual violence and the adoption in Ituri, North and South Kivu, and government representatives of two laws on sexual violence Katanga and Maniema in 2006, due at the provincial level in July 2006, rape continues to be to their precarious living conditions widespread throughout the country. and lack of access to clean drinking n increasing funding for return Soldiers and rebel fighters have water. Malaria remains the number activities, including the building of engaged in acts of sexual violence one cause of mortality. Displaced infrastructure in villages of origin in order to attack the fundamental people are also exposed to HIV/AIDS values of the community, to scare the infection, as they usually lack the n monitoring the human rights civilian population into submission, means to protect themselves and situation of returnees to punish them for allegedly do not have information about its supporting enemy forces or to transmission. Data is not available n ensuring displaced people return provide gratification for the fighters. but it appears they are more at risk of in safety and dignity and are HIV than the general population. given proper information on Many displaced children have the conditions in return areas. been forced into the ranks of the In 2006 and early 2007, access to IDPs armed groups, and thousands of and other vulnerable populations Greta Zeender ([email protected]) them remain in militias. Ongoing in eastern DRC improved in many is a Senior Country Analyst at IDMC. recruitment of child soldiers by areas. But in parts of the Kivus, militias is reported, particularly in Katanga and in Ituri, access remained 1. www.monuc.org North Kivu. Amnesty International difficult, due to military operations reported in October 2006 that some against uncontrolled armed groups 11,000 children were still with the and related attacks on civilians by IDP Voices armed forces or groups, or were militias and undisciplined Congolese www.idpvoices.org otherwise unaccounted for in the troops. Some areas of North Kivu demobilisation programme. have become inaccessible due to This site lets internally displaced insecurity. WFP has had to resort people tell their life stories – in their to food drops and airlifts to reach own words – providing a valuable Returning IDPs left unassisted IDPs in areas of Katanga, Maniema complement to the official information and South Kivu where road and rail on conflicts which governments and Most returning IDPs do not receive transport is virtually non-existent. international organisations offer. The assistance, despite the fact that stories deal with the real lives of real fighting and looting have led to a In 2006, the DRC was selected as one people. The narrators share their complete breakdown of services and of the pilot countries where the UN personal experiences, their feelings, destruction of facilities. The vast introduced its new ‘cluster’ approach, hopes and dreams, and the impact for majority of IDPs and returnees lack aimed at increasing accountability them of being forced from their homes. access to health centres, schools, and predictability by designating lead The first IDP Voices oral testimonies roads, potable water, food, seeds, agencies for humanitarian sectors. project took place in Colombia. IDP tools, clothes and straw to build It is too early to know whether the Voices from further countries will be houses. Displaced people are cluster approach and the new funding added as the projects progress. particularly vulnerable to infectious mechanisms have made an impact for diseases. Every day, 1,250 people die IDPs and other vulnerable people. For further information please contact: Anne-Sophie Lois, External Relations in DRC – above what is considered Coordinator, IDMC, Chemin de Balexert 7-9, a ‘normal level’ for the country. On a provincial and national 1219 Chatelaine, Geneva, Switzerland. Over 70% of these deaths are due level, the Congolese government [email protected] to easily preventable and treatable has so far played little role in Tel: +41 (22) 799 0706. diseases. Epidemics of cholera, responding to the needs of IDPs and Fax: +41 (22) 799 0701. measles, bubonic plague and other returnees. Nominally, the Ministry FMR 28 Refugee Studies Centre 67 Internships: rite of passage for students of forced migration?

Currently studying for a Master lieu of salaries. However, there are – for we understand the benefits of Science in Forced Migration, real financial constraints for many we receive in lieu of monetary we come from many countries but students. Many organisations are compensation – but rather, it is share a common tension – between a located in capitals where the cost of about having structures in place stubborn idealism and a deep-seated living, accommodation and public that can enable interns to dedicate realism. Present in our respective transport is exorbitant. Health and themselves to such projects without research areas is an awareness of accident insurance is another barrier, taking on further financial burdens. the humanity of those we study, for recent graduates are often of of the ramifications and toll of an age when they are no longer To address these challenges, uprootedness, dispossession and covered by their parents’ policies but increased cooperation between survival. Yet despite, and perhaps, unable to take out their own cover, agencies, academic institutions and because of this realism, we remain particularly if they are non-nationals governments is crucial. The drive idealists in our desire to effect of the country where they undertake and initiative of students should change. Our idealism, however, is an internship. Many students are be matched by a cross-institutional firmly rooted in recognition of the already burdened by loans they have commitment to lowering barriers necessity and value of professional taken out to finance their studies. in order to ensure the introduction and field experience and exposure, of fresh ideas from committed as we begin to chart our career While as graduate students we seek and knowledgeable students. paths. Internships – with NGOs, internships as an initial venture into international agencies or governments our areas of interest, we find that a The authors (Jenny Reid Austin, – provide a crucible where our ideals majority of them require applicants to Agata Bialczyk, Maher Bitar, Justin engage realities and where our have already acquired such coveted Dubois, Annamaria Enenajor, Sara skills, knowledge and enthusiasm experience – a Catch 22 situation Gonzalez, Patrice Holderbach, can make tangible contributions. making such opportunities virtually Pa-leun Kim, Katsu Koike, Seevun inaccessible to many. With visa Kozar, Ah-jung Lee, Yara Romariz The most valuable internships restrictions and the unpaid nature Maasri, Sara Parry, Andrea are enriching for current and of most internships, gaining such Purdekova and Namrita Singh) were recent students and organisations. experience is especially challenging postgraduate students 2006/2007 Organisations influence thinking for students from developing at the Refugee Studies Centre. and approaches to responses to nations. We are concerned that forced migration and help students the barrier of citizenship further For information about the RSC’s entering the world of work grapple perpetuates the North-South divide masters programme, see www.rsc. with the complexities that inevitably – an irony, given that this field ox.ac.uk/PDFs/MScLeaflet06.pdf arise. Internships enable students aims to confront global inequality. to gain valuable work experience, A field as challenging as forced understand organisational migration requires contribution from structures and have exposure to people with diverse backgrounds. RSC short course office or field work environments. Organisations seeking interns should Organisations share their knowledge not only seek graduate students but Psychosocial programmes in and impart responsibilities, and should widen the applicant pool emergencies: what are we learning students, in turn, provide much to attract those with a myriad of from practice? needed assistance. Many even lived experiences and knowledge return for future long-term work. of local effects of forced migration. 27-28 October 2007 Hands-on training is invaluable for Is it not paradoxical that financial Venue: Oxford, UK. students embarking on a myriad means, education and favoured Fee: £130 (excluding accommodation). of careers, whether in academia, nationality influence the possibility journalism, law or public service. of professionally engaging with the This two-day workshop for practitioners struggles of the underprivileged? and theorists examines mental We thus have great interest in health and psychosocial support in obtaining internships and are aware Internships could be made more emergency and protracted refugee of the doors that can open for us. accessible if agencies offered settings. Instructors: Dr Michael There are, however, many challenges assistance with visa applications Wessells and Dr Maryanne Loughry. and constraints affecting our ability and modest financial aid – in the to take up an internship offer. form of transportation vouchers, For full details, including online Organisations seek unpaid interns low-cost or subsidised insurance application form, please see www. primarily to assist them with their and assistance in locating temporary rsc.ox.ac.uk/teaching_short.html workloads and we appreciate they affordable accommodation. The or email [email protected] offer knowledge and experience in issue is not about paying interns 68 FMR 28 Aweys Yusuf Osman/IRIN Yusuf Aweys

Dr Hawa Abdi Practising medicine amongst Somalia’s IDPs

In the midst of chaos and violence She now cares for thousands of staff.” Most of the compound’s 72 in Somalia, one woman in particular internally displaced people – who staff are volunteers. UNHCR and is making a positive contribution. cannot afford to pay for her services. the UN World Food Programme are Hawa Abdi is a gynaecologist with “Most of the people in my compound providing some assistance to the a practice in a 26-hectare compound cannot afford to pay for their lunch, displaced but “we need the agencies that has become a camp for thousands so how can I ask them to pay for to scale up much more seriously of displaced Mogadishu residents my services? Most days I work 15 – and soon,” says Abdi, adding that fleeing the fighting between hours and sometimes more but agencies should focus primarily Ethiopian-backed government I am thankful that my daughter on children, the most vulnerable. forces and their opponents. [also a doctor] is with me and has been by my side through it all.” Despite enjoying her work, Abdi is Abdi was one of the few female growing physically and mentally professors in the Medical School of Abdi finds running the practice tired and is losing hope of the the University of Somalia before the and helping people both personally situation improving. “When you are collapse of the Somali state in 1990. and professionally satisfying. Her hopeful that things will improve, Her practice, set up in the 1980s some compound has not been targeted and you can go on but when you lose 20 km south of Mogadishu, had both is, she says, “respected by all sides hope then you cannot go on. I see in-patient and out-patient facilities. throughout the civil war as a neutral nothing but hopelessness in the faces But with the civil war of the 1990s, zone where anyone can seek help.” of the people in the compound.” her successful practice crumbled. “Back then every one of my patients The main challenge is finding Abdi is not optimistic that peace could afford to pay for the services. supplies, whether medicines, food will ever come to Somalia. “It is Now it is a different story,” says Abdi. or water. “It is a constant struggle almost as if peace is getting further to provide the basics, even for my and further away from us.”