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Ten Years of the Guiding Principles on Internal Displacement Ten Years of the Guiding Principles on Internal Displacement December 2008 BROOKINGS Forced Migration Review FMR – GP10 Forced Migration Review (FMR) provides Elliott Steve a forum for the regular exchange of practical experience, information and ideas between researchers, refugees and internally displaced people, and those who work with them. It is published in English, Arabic, Spanish from the editors and French by the Refugee Studies The international conference on the Ten Years of the Guiding Principles on Internal Centre, University of Oxford. FMR was Displacement (‘GP10’) – held in Oslo, 16-17 October 2008 – assessed the accomplishments launched in 1998 in partnership with and shortcomings of the Guiding Principles since their launch in 1998. It also sought to the Norwegian Refugee Council. generate increased political will to incorporate the GPs into national, regional and global frameworks and to encourage progress towards their practical implementation. Editors Marion Couldrey & Maurice Herson This special issue of FMR reflects discussions at the conference, with shortened versions of some of the conference presentations, and also includes a selection of other articles, most of Assistant Editor (Arabic edition) which present case studies on the application of the Guiding Principles in different countries. Unfortunately, the number of IDP groups around the world is too great for us to acknowledge Musab Hayatli them all in this 40-page issue but we hope that the articles presented here will be relevant and useful in other settings as well. Coordinator Heidi El-Megrisi We would like to thank Khalid Koser (formerly of the Brookings-Bern Project on Internal Displacement) and Christophe Beau (NRC/IDMC) for their invaluable assistance in preparing Assistant this special issue, as well as all contributors. The English edition is online at http://www. Sharon Ellis fmreview.org/GuidingPrinciples10.htm It will also be published in Arabic, French and Spanish. Best wishes Forced Migration Review Marion Couldrey & Maurice Herson Refugee Studies Centre Editors, Forced Migration Review Oxford Department of International Development, University of Oxford, 3 Mansfield Road, Oxford OX1 3TB, UK This special issue has been produced with the support of NRC/IDMC, the Norwegian Ministry Email: [email protected] of Foreign Affairs and the Brookings-Bern Project on Internal Displacement. Tel: +44 (0)1865 280700 Fax: +44 (0)1865 270721 Skype: fmreview Contents Foreword Uganda’s response to displacement: www.fmreview.org John Holmes 3 contrasting policy and practice Ruth Mukwana and Katinka Ridderbos 21 Copyright and disclaimer The genesis and the challenges Opinions in FMR do not necessarily reflect Roberta Cohen and Francis M Deng 4 Guiding Principle 29 and the right the views of the Editors, the Refugee Achievements, challenges and to restitution Studies Centre or the University of recommendations Rhodri C Williams 23 Oxford. Any FMR print or online material Summary of outcomes of the GP10 may be freely reproduced, provided that Obstacles to realising Conference 6 acknowledgement is given to the source Guiding Principle 29 in Afghanistan and, where possible, the FMR URL and/or Developments in the legal the article-specific URL. Megan Bradley 24 protection of IDPs Cordula Droege 8 Seeking electoral equality for IDP voters Editing assistance Jeremy Grace and Jeff Fischer 26 Assessing the impact of the Principles: Tim Morris (www.timmorris.info) an unfinished task Time to apply the Guiding Principles Elizabeth Ferris 10 in Nepal Designed by Shiva K Dhungana 27 Art24 www.art-24.co.uk The Guiding Principles and the Responsibility to Protect Returnees in Sierra Leone Printed by Erin Mooney 11 Claudena Skran 29 Image Production Achievements and limitations of the Guiding Principle 27 and Philippine www.imageproduction.co.uk Guiding Principles in Burma typhoon response ISO 14001 certified Thailand Burma Border Consortium 14 Sara McHattie 30 ISSN 1460-9819 Protecting IDPs in Europe Internal displacement in the Central Corien Jonker 15 Front cover photo: African Republic Internally displaced Congolese women Experience of the Guiding Principles Laura Perez 31 wait during a food distribution in Kibati, in Georgia just outside the eastern provincial capital Iulia Kharashvili, Ilya Kharashvili UNHCR and the Guiding Principles of Goma, DRC. IRIN/Les Neuhaus and Koba Subeliani 16 Khassim Diagne and Hannah Entwisle 33 Africa: from voluntary principles Training to strengthen protection to binding standards of IDP rights Brigitta Jaksa and Jeremy Smith 18 Kim Mancini Beck 36 Can the Guiding Principles make The future of the Guiding Principles a difference in Kenya? Walter Kälin 38 Jacqueline Klopp and Nuur Mohamud Sheekh 19 Sources and resources 40 FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 3 Foreword John Holmes Internal displacement remains one of the most significant the international community to challenges facing the humanitarian community. increase its support to governments and to IDPs themselves. Twenty-six million people are ten years ago by the former displaced within their countries due Representative of the Secretary- John Holmes is the UN Under- to armed conflict; many more are General on Internally Displaced Secretary-General for Humanitarian displaced as a result of natural and Persons, Dr Francis Deng, and the Affairs and Emergency Relief human-made disasters and these former Emergency Relief Coordinator, Coordinator (ERC). For more infor- numbers seem certain to increase as a the late Sérgio Vieira de Mello, was a mation please contact [email protected] 1 result of the effects of climate change. watershed event in protecting IDPs. 1. See FMR’s recent issue on climate change and displacement at http://www.fmreview.org/ Eldoret IDP Internally displaced persons (IDPs) As the articles in this Special Issue climatechange.htm camp, Kenya. are less clearly identified and of FMR demonstrate, 2. http://www.idpguidingprinciples.org/ January 2008. protected than refugees but are we have come a often particularly vulnerable. They long way in the past may lose their property and access decade. The Guiding to livelihoods; they run a high risk Principles have of being separated from family become the accepted members; they may be discriminated international standard against merely for being displaced; for IDPs; an increasing they often lack identity cards, which number of states have makes it more difficult for them to incorporated them into access basic services and prevents national legislation; them from exercising their political and they have become rights. They are also often more the benchmark for vulnerable than other groups to abuse humanitarian and by others – as reflected in the high human rights actors levels of sexual and gender-based – both nationally and violence in IDP settings. The most internationally – in difficult vulnerability to measure, dealing with internal though, is their loss of dignity displacement. Most and, as the period of displacement importantly, they increases, their sense of hope. have made IDPs themselves more Following the end of a disaster event aware of their rights. or a conflict, ending displacement is often our major and most difficult But there is still a long challenge. Typically, in such periods, way to go. Most states national and international attention to affected by internal the plight of IDPs drops and durable displacement still do solutions can be elusive. IDPs often not have domestic receive too little support for too short laws or policies on a period of time to allow them to IDPs; many IDPs are reestablish their lives in safety and still unaware of their dignity, while recovery activities in rights; and there are the areas where they want to live are numerous obstacles all too often slow to be completed. to their realisation. I therefore welcome the It is vital that our work to ensure opportunity afforded the protection of IDPs is based on by this Special Issue their human rights. Human rights to share experiences, not only underpin humanitarian learn lessons, identify action in protection of IDPs but also gaps and plan for distinguish right holders and duty the future. And I call bearers. The Guiding Principles on all governments on Internal Displacement2 clearly to assume their spell out the rights of IDPs and responsibilities the corresponding obligations of under the Guiding national authorities. Their publication Principles and on Yazdi Pedram 4 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10 The genesis and the challenges Roberta Cohen and Francis M Deng The need for international standards to protect and who would be considered refugees assist internally displaced persons arose directly if they had crossed a border. For others, those uprooted by natural from the explosion of civil wars in the last decade of disasters and development projects the 20th century that left tens of millions uprooted were to be included as well. within the borders of their own countries. Because it was recognised that such people were also involuntarily The 1951 Refugee Convention did not law to provide special protections displaced and faced human rights apply to internally displaced persons. for disadvantaged groups, whether and protection problems, the Principal responsibility for providing refugees, minorities, persons with broader definition won out. for the well-being and security of disabilities, women or children. IDPs rested with their governments Identifying the rights of IDPs and Controversy about the Principles
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