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] result of the effects of climate change.1 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 but most were unable or unwilling the obligations of governments was arose not so much in regard to to assume this obligation. Nor did not intended to create a privileged their content as to the process international organisations and NGOs status but to ensure that, in a given by which they were developed. have clear rules of engagement with situation, IDPs – like others – For the first time, international the rapidly growing numbers of IDPs would be protected and assisted. experts outside the traditional in need of assistance. Many thus intergovernmental process drafted, began appealing for an international The legal team had to consider reviewed and completed a major document that would define the the most appropriate approach international legal document. Fifty rights of IDPs and the obligations to compiling the law. American independent international experts of governments towards them. lawyers argued for a ‘needs-based’ finalised the Guiding Principles at approach – to identify IDP needs a conference in Vienna hosted by Development of a legal framework and then examine how the law, the Austrian government, one of for IDPs became one of the main tasks including customary law and the Principles’ leading sponsors. taken on by the Representative of resolutions, would address them. The Representative then presented the Secretary-General on Internally Others, especially Europeans, argued the Principles to the UN in 1998. Displaced Persons, Francis Deng, for a more traditional ‘rights-based’ following his appointment in approach – to look exclusively at hard Not long thereafter, a small but 1992. This assignment was fraught law1 to decide what rights IDPs have. vocal group of governments – led with daunting challenges: Walter Kälin2 chaired the process, by Egypt, Sudan and India – began skillfully bringing the two sides to question the standing of the ■■ dealing with the sensitivities of together and merging the various Principles and to ask whether their governments wary of potential texts. The resulting ‘Compilation development by non-governmental intrusions into their sovereignty and Analysis of Legal Norms’ actors would create a precedent. To was presented in two parts by the allow their concerns to be addressed, ■■ ensuring that international Representative to the Commission the Swiss government hosted a series standards were based on a concept on Human Rights in 1996 and 1998. of meetings, beginning in 2001, by that would promote consensus the end of which the dissenting Whether the rights of IDPs should be states abandoned their reservations ■■ reassuring states that while IDPs set forth in a declaration, convention and expressed support for the came under their sovereign or principles was a further difficult Principles. In particular, they were responsibility they had to agree decision. Principles were decided reassured that the experts involved that sovereignty carried with it upon for three reasons. First, had not created new law but mostly the obligation to protect and assist there was no support for a legally compiled and restated what had these vulnerable populations. binding treaty given the sensitivity already been negotiated and agreed surrounding the sovereignty issue. to by governments. They also were The concept of sovereignty as a Second, treaty making could take influenced by the many governments form of responsibility became decades, whereas a document was in the Group of 77 – a coalition of the basis for the normative needed urgently. Third, sufficient developing nations3 – who quickly framework that would be created. international law already existed to found the Principles to be a valuable protect IDPs. What was needed was tool in dealing with internal There was concern, especially among a restatement of the law tailored displacement in their countries. humanitarian staff, that singling to the explicit concerns of IDPs. out one group of people could Sérgio Vieira de Mello, the then result in discrimination against How to define IDPs was another Under Secretary-General for others. But the legal team that the major issue. For some, IDPs were Humanitarian Affairs, took the lead Representative assembled found that exclusively those uprooted by in calling upon UN humanitarian precedents abound in international conflict and persecution – people and development agencies and NGO FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 5

umbrella groups in the Inter-Agency important international framework Her former co-director, Francis Standing Committee (IASC) – the for the protection of IDPs. Deng ([email protected]), was the UN primary mechanism for inter-agency Secretary-General’s Representative coordination of humanitarian From a process initiated barely on Internally Displaced Persons assistance4 – to welcome the ten years earlier, the Guiding from 1992 to 2004 and is now Special Principles. The IASC disseminated Principles have come to fill a major Adviser to the UN Secretary-General them widely and applied them in gap in the international protection on the Prevention of Genocide. the field. The Brookings Project system for uprooted people. 1. ‘Hard law’ is a term used by lawyers to describe 5 on Internal Displacement worked the legally binding nature of various agreements or with international, regional and Roberta Cohen (rcohen@brookings. provisions which leave little room for discretion or interpretation. civil society organisations around edu) is a Senior Adviser to the 2. Walter Kälin has been the Representative of the the world to gain international Brookings Project on Internal Secretary-General on the Human Rights of Internally acceptance for them. In 2005, more Displacement, which she co-founded Displaced Persons since 2004. 3. http://www.g77.org/ than 190 states adopted the World and co-directed for 12 years, and 4. http://www.humanitarianinfo.org/iasc/ 6 a Senior Associate at Georgetown Summit Outcome document, 5. http://www.brookings.edu/projects/idp.aspx which specifically recognised University’s Institute for the 6. http://www.un.org/summit2005/presskit/fact_sheet.pdf the Guiding Principles as an Study of International Migration.

Commitments to the protection of IDPs

The Oslo conference on the displaced persons, namely in all The acronym ‘IDP’ gives the Guiding Principles included a the dimensions of protection. merest idea of the grim realities session on ‘Humanitarian actors António Guterres that confront us in many parts of – commitment to the protection the world today. In August alone of IDPs’. Panel speakers were UN … the Guiding Principles have indeed [2008], more than half a million High Commissioner for Refugees provided a useful framework to people have been driven out of their António Guterres, Under Secretary- guide the responses of governments, homes as a result of three renewed General for Humanitarian Affairs humanitarians and other actors conflicts: in Georgia, in areas on and Emergency Relief Coordinator in natural disasters. However, as the border between Pakistan and John Holmes and Director General in other displacement contexts, Afghanistan, and in the southern of the International Committee of more needs to be done by all of us Philippines. During recent weeks the Red Cross Angelo Gnaedinger: to translate them into consistent tens of thousands more have had policy and practice. I reiterate my to flee their homes in Sri Lanka, in In the absence of binding commitment, and that of my staff, to Somalia, in eastern Congo and in instruments, the Guiding Principles support all stakeholders, particularly many other places where hostilities have become an extremely relevant governments, to ensuring that and attacks on civilians have protection instrument. We consider the standards set by the Guiding continued unabated for years. We them as more than a simple Principles are met. If we want to are committed to reaching all these compilation and restatement of legal stand true to our commitment to end people in profound distress, who are rules. For us, the Guiding Principles the suffering of the millions who are, in urgent need of basic goods and have played a significant role even and who will be, displaced by natural services, and in need – most of all in shaping our own operational disasters, there is no other option. – of a sense of security and hope. responsibilities in relation to John Holmes Angelo Gnaedinger 6 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10 Achievements, challenges and recommendations Summary of outcomes of the GP10 Conference: 16-17 October 2008, Oslo

The Oslo conference reaffirmed the in situations of displacement develop a response strategy which Guiding Principles as an important resulting from natural disasters.1 ensures that all proper planning framework for upholding the rights and response are carried out. of IDPs and was encouraged by At the regional level, the Organization reports from a number of states that of American States and the Council Challenges ahead the Principles had been incorporated of Europe2 have recommended the Despite considerable achievements, into national laws and policies and adoption of the Guiding Principles some of which are outlined above, that a variety of actors have found through national legislation to their major challenges to the realisation them useful in promoting IDP rights. Member States. In Africa, the Great of rights of IDPs remain. The Lakes Protocol on the Protection and number of people who have been However, the conference emphasised Assistance to Internally Displaced forcibly displaced from their homes that increased political and financial Persons includes a legal obligation is estimated at 1% of the world’s commitment is needed to ensure for signatories to incorporate the population. Moreover, the number the full protection of IDPs. States Guiding Principles into domestic law. of IDPs continues to increase, are encouraged to develop or primarily as a result of the growth strengthen their policies to include: The essential role of the judicial in disaster-induced displacement (1) preventive measures to avert system and civil society related to climate change but also displacement, (2) crisis mitigation organisations in promoting the because of protracted situations procedures, to be activated once Guiding Principles and monitoring of displacement. Protracted displacement has occurred, and commitments and obligations of displacement usually occurs as (3) durable solution frameworks. national authorities was highlighted a result of unresolved conflicts in the context of Colombia. and lack of political will amongst There is an urgent need for national governments, as well as humanitarian and development During the discussion, it became insufficient support by international actors, governments and financial apparent that the Guiding Principles actors. In many countries, significant institutions to work together are operationally valuable for actors gaps between policies and to ensure durable solutions to engaged in providing protection practice are observed, especially displacement. Joint approaches and assistance to IDPs. From the in relation to durable solutions. are also required to address the point of view of humanitarian challenges resulting from the agencies, the Guiding Principles The conference noted that a Shar Akitena dries increasing scale and complexity have shaped humanitarian and majority of states affected by grain in the sun, her first harvest of forced displacement, and to protection operations. They also internal displacement remain since returning ensure that the standards set by provide the primary reference unable or unwilling to take on home to Otim, her the Guiding Principles are met. from which humanitarian their responsibilities for protecting village of origin in northern Uganda, and protection standards and IDPs. In the worse cases, the after years of Achievements practices are developed.3 humanitarian space required to displacement. Participants in the conference emphasised that the Guiding With respect to displacement Principles have become a key point resulting from natural disasters, of reference for the development the conference affirmed that the of normative frameworks for the Guiding Principles provide a useful protection of IDPs in domestic framework for disaster risk reduction, laws and policies. For example, the mitigation of displacement in Turkey, the government has and ending displacement after incorporated the Guiding Principles disasters. In situations of disaster- in its Strategy document and used induced displacement, protection them as a basis for its Compensation risks are often under-estimated. Law. With the help of the UN, the In disaster-prone countries, the model used to develop Turkey’s Van Guiding Principles should be Province Plan of action for IDPs used to build closer partnerships is now being expanded to cover between governments, aid providers other provinces. Examples from and civil society, as part of the Mozambique and the Maldives were disaster prevention framework. also given, confirming the relevance IOM noted the role of the Guiding of incorporating the Guiding Principles at the onset of a Principles into national legislation disaster, in serving as a checklist to FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 7

prevent displacement or to provide level, as the responsibility for framework for durable solutions, the protection to IDPs is limited as a international coordination is divided focus should be on implementing result of obstruction by governments between UNHCR, UNICEF and the framework from an early stage or non-state actors. In reality, the OHCHR, all of which have concerns in the humanitarian response. Responsibility to Protect concept about their capacity to take on has been of limited value in the this additional responsibility. Political dialogue protection of human rights of IDPs, Political dialogue, including peace as a number of states remain more Recommendations negotiations, needs to ensure that committed to the doctrine of national IDPs’ voices are represented and sovereignty when it comes to dealing Incorporation into heard on all issues which affect with internal displacement.4 national legislation them. Experience shows that early The Guiding Principles should be and sustained dialogue on issues It was felt that the current legal and incorporated into national legislation relating to access to land, housing normative protection framework so as to promote their implementation and property is essential to the needs to be re-examined in the light and improve accountability for the identification of durable solutions. of the new categories of forced protection of IDPs. The publication of migrants as a result of climate the Manual for Law and Policymakers Disaster prevention change-related disasters or long- on Protecting Internally Displaced In disaster-prone countries, the term environmental degradation. Persons5 will be a useful resource Guiding Principles should be used for governments as it provides a to build closer partnerships between With an increasing number of IDPs guide for policymakers on how to governments, aid providers and residing in urban areas, states and bring relevant domestic laws in line civil society, as part of the disaster protection agencies must seek new with the Guiding Principles in a prevention framework. At the onset and appropriate means of providing practical way. National authorities of a disaster, the Guiding Principles them with adequate protection and have a responsibility not only to should be used as a checklist to assistance, as their requirements are develop legislative frameworks develop a response strategy to ensure different from those of people in but also to ensure that laws and proper planning and response. camp settings or in rural areas. The policies are implemented. appropriate durable solutions also Urban IDPs need to be considered, as urbanisation Partnerships With an increasing number of IDPs affects choices and opportunities. For Effective partnerships are necessary in residing in urban centres, states and example, after IDPs have adapted order to meet the twin challenges of protection agencies must seek new to urban livelihoods, return to rural preventing displacement and ending and appropriate means of providing homes is often no longer an option. displacement. These partnerships them with adequate protection and should be developed amongst assistance, as their requirements With respect to international states; between states and civil are different from those of people protection, humanitarian reform has society; between states and financial in camp settings or in rural areas. contributed to better predictability institutions; between states, civil in humanitarian responses. The fact society and international protection Participation of IDPs that UNHCR now takes the lead for and assistance agencies; and between Finally, it is important to develop protecting IDPs in situations of armed international humanitarian agencies mechanisms to ensure the conflict has significantly improved and development agencies. participation of IDPs in political leadership of coordination of processes, in decisions affecting protection. Nevertheless, as stressed Preventing and ending their lives during displacement, and by the Emergency Relief Coordinator, displacement in developing and implementing humanitarian More efforts need to be made to solutions to bring an end to their actors risk having prevent displacement, through displacement. Their participation is a their credibility effective disaster risk reduction precondition to the implementation undermined and emergency preparedness, and of the Guiding Principles. if greater care through conflict prevention. In is not given to parallel, sustained efforts need to be This is a shortened version of the ensure equality made to end displacement. Both areas Chair’s Summary, prepared by of attention to of action should be accompanied by NRC/IDMC, the Brookings-Bern different IDP coordinated political commitment Project on Internal Displacement populations in of all influential actors, as well as and the Norwegian Ministry of protracted crises. adequate and predictable resourcing. Foreign Affair, online at http://www. Paul Jeffrey/Action by Churches Together Churches by Jeffrey/Action Paul internal-displacement.org/gp10

In situations of Durable solutions 1. For more examples, see article on Uganda on p21 and disaster-induced Planning for durable solutions must Georgia on p16. displacement, start soon after displacement occurs 2. See article on p15. 3. See statements by António Guterres, John Holmes protection so as to facilitate the transition and Angelo Gnaedinger on p5. In addition, OHCHR leadership from humanitarian assistance to noted that the Guiding Principles had proven useful in a variety of situations and that they had been shared with remains development through effective all its offices. inadequate at early recovery strategies. Following 4. See article on p11. the institutional the ongoing field testing of the 5. See p39. 8 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10 Developments in the legal protection of IDPs Cordula Droege

Ten years ago the International Committee of the Red Cross element is that it is “involuntary (ICRC) helped draft the Guiding Principles. How have the in nature, where the relevant 8 Principles contributed to improving protection for IDPs? persons had no real choice.” What gaps remain? Clarification of customary law has helped consolidate the legal The Guiding Principles were designed conflict and a crime against framework protecting individuals to reaffirm existing international humanity if committed as part from, during and after displacement. human rights law and international of a widespread or systematic The ICRC Customary Law Study9 humanitarian law – and to “clarify attack directed against any identifies a number of customary grey areas” and “address gaps”.1 civilian population, even rules of international humanitarian They were also meant to develop outside of an armed conflict. law that must be applied by all the law, rather than merely reflect parties in all types of armed conflict, existing law, but this emphasis has ■■ The International Criminal international and non-international: been dropped over recent years. At Tribunal for the Former the time of drafting, the ICRC insisted Yugoslavia7 has recognised ■■ the prohibition of forced that existing law had to be reflected that displacements are crimes displacement in the Guiding Principles, and so the punishable under customary Guiding Principles take up a number international law. It has also more ■■ the obligation to take all of norms which derive directly from precisely defined the term ‘forced’, possible measures to receive international humanitarian law. stating that it is not limited to civilians under satisfactory physical force but rather may conditions of shelter, hygiene, Legal developments over the past include the “threat of force or health, safety and nutrition decade have not only strengthened coercion, such as that caused by and consolidated the law fear of violence, duress, detention, ■■ non-separation of members underpinning the Guiding Principles psychological oppression or abuse of the same family unit but have also been influenced by of power against such person or them. An encouraging number of persons or another person, or by ■■ the right to voluntary treaties have been ratified by an taking advantage of a coercive and safe return ever greater number of states: environment.” The essential

■■ Both the International Covenant on Civil and Political Rights3 and the International Covenant on Economic, Social ICRC/Pedram Yazdi ICRC/Pedram and Cultural Rights4 have been ratified by some 160 states.

■■ All states in the world are now party to the Geneva Conventions – the international treaties that contain the most important rules limiting the effects of war.5

■■ Adoption of the Rome Statute of the International Criminal Court6 has led to recognition that unlawful deportation and transfer is a war IDPs, Nakuru, crime in any armed Kenya, January 2008. FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 9

■■ the protection of the Have the Principles filled most displacement is induced by the property of civilians. grey areas and gaps? unlawful behaviour of belligerents. While there have been enormous The importance of weapons treaties advances since the process of drafting While a lot has been done to raise should not be underestimated. the Principles began in 1996, some awareness of the plight of IDPs, Explosive remnants of war are of the gaps or weaknesses – such we have no cause for complacency. one of the main obstacles to safe as the fact that non-state actors are Most displacement could be return, causing immediate dangers not, traditionally, bound by human prevented in the first place if parties to people’s lives and access to their rights, and the option of derogation respected the laws of war. Those homes, disrupting infrastructure and from human rights – that were obliged to flee would suffer less if agricultural production and imposing identified then are still apparent. the parties respected the displaced further burdens on weakened But much more importantly, the as civilians. Sadly, not much has medical systems. The banning of real challenge remains respect for, improved in this area. Humanitarian antipersonnel landmines in the rather than development of, the law. action can bring some relief but Ottawa Convention,10 the obligation Francis Deng’s finding that “the it is up to the parties to conflicts to clear explosive remnants of war in implementation of existing standards to respect and protect civilians. the fifth Protocol to the Convention is more urgent than legal reform” is on Certain Conventional Weapons11 as true today as it was in 1998. There Cordula Droege ([email protected]) and the recently-adopted Convention are more structures in place to deal is a Legal Adviser in the ICRC’s against Cluster Munitions12 all with situations of displacement. States Legal Division (www.icrc.org). help to reduce challenges for are less prone to deny the existence For further information on ICRC’s those rebuilding their lives. of displaced people. Displacement work with IDPs, see ‘ICRC Position is sometimes taken into account in on Internally Displaced Persons’.15 At the regional level, the African peace agreements and in national Union is in the process of drafting a action plans. The international 1. UN Doc E/CN.4/1998/53/Add.2, 11 February 1998, Convention for the Protection and community is better organised to para 9. 2. Jean-Philippe Lavoyer, ‘The Guiding Principles Assistance of Internally Displaced provide basic shelter and assistance, on Internal Displacement: A Few Comments on the Persons in Africa13 which has the even if coordination can still improve. Contribution of International Humanitarian Law’, 1998 International Review of the Red Cross no 324, p476. potential to contribute to a stronger 3. http://www.unhchr.ch/html/menu3/b/a_ccpr.htm legal framework across the continent. However, the first cause for 4. http://www.unhchr.ch/html/menu3/b/a_cescr.htm As several articles in this issue displacement in armed conflict is 5. http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/ indicate, there have been many disrespect for the existing rules genevaconventions efforts to implement the Guiding of war. People are obliged to flee 6. http://www.un.org/icc/ Principles, in themselves not binding, because they are forced out by the 7. http://www.un.org/icty 8. Prosecutor v Krnojelac, IT-97-25, Trial Chamber into national law, mainly thanks to parties to the conflict, because they Judgment of 15 March 2002, para 475. the efforts of the Representative of are threatened, subject to extortion, 9. http://www.icrc.org/web/eng/siteeng0.nsf/html/ the Secretary-General on the Human forced recruitment, reprisals or customary-law-rules-291008, rules 129, 131, 132, 133. Rights of IDPs, Walter Kälin. The other violations. Or they flee the 10. http://www.icrc.org/ihl.nsf/FULL/580?OpenDocument Great Lakes Protocol on the Protection consequences of fighting, because 11. http://www.icrc.org/ihl.nsf/FULL/610?OpenDocument and Assistance to Internally Displaced parties do not spare civilians but 12. http://www.icrc.org/ihl.nsf/FULL/620?OpenDocument 14 13. http://www.unhcrrlo.org/Conference_Special_ Persons commits member states indiscriminately attack and destroy Events/2008AUSpecialSummit.html to enact national legislation to homes and infrastructure. Of course, 14. http://www.brookings.edu/fp/projects/idp/ incorporate the Principles fully some people flee even when there GreatLakes_IDPprotocol.pdf 15. http://www.icrc.org/Web/Eng/siteeng0.nsf/html/idp- into their national legal systems. is no specific violation or threat but icrc-position-030706

What is protection? A definition by consensus

The launch of the Guiding Principles occurred around the same and refugee law). Human rights and humanitarian actors shall time that the international community at large was beginning conduct these activities impartially and not on the basis of to take on the idea of humanitarian protection. Indeed the race, national or ethnic origin, language or gender. (1999) Principles were instrumental in shaping both the need for the Protection activities may include responsive action, remedial emphasis on protection and the way that it was then defined. action and environment-building (and may be carried From 1996 to 2000 the International Committee of the out concurrently) and encompass any activity which: Red Cross (ICRC) convened a series of workshops on the n prevents or puts a stop to a specific pattern of protection of civilians. These workshops, involving about 50 abuse and/or alleviates its immediate effects; humanitarian, human rights and academic organisations/ n restores people’s dignity and ensures adequate living institutions, led to a ‘working consensus’1 – that still holds – conditions through reparation, restitution, and rehabilitation, on the definition of the term protection as encompassing: n fosters an environment conducive to respect for the rights of ... all activities, aimed at obtaining full respect for the rights individuals in accordance with the relevant bodies of law. of the individual in accordance with the letter and the spirit of the relevant bodies of law (i.e. human rights, humanitarian 1. http://www.icva.ch/doc00000663.html 10 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10 Assessing the impact of the Principles: an unfinished task Elizabeth Ferris

The Guiding Principles’ objectives were clear but, ten years governments, the Principles can have on, how can we assess their impact? a significant impact. When people are aware of their specific rights, The late Sérgio Vieira de Mello Changing international they are able to exercise them and identified four ways the Principles discourse successfully advocate on their behalf. might benefit IDPs: raising Issues around internal displacement As reported in a recent publication awareness of their needs; mobilising have steadily been incorporated by the Brookings-Bern Project on support within the humanitarian into the international policy Internal Displacement,5 IDPs in community; helping field staff agenda. A growing body of UN Colombia who belong to NGOs and find solutions; and assisting resolutions and documents reference IDP organisations are aware of the governments to provide for the Principles. These range from Principles and promote their wider IDPs’ security and well-being. reports on the protection of children dissemination. They have found affected by armed conflict1 to them useful as a basis for requests Data from comparative surveys of reports of the Secretary-General made to the authorities and to secure IDPs before and after the launch of on the implementation of the constitutional guarantees of IDP the Principles in 1998 or on public, UN Millennium Declaration,2 rights. Colombia’s highest court, humanitarian and state awareness to the Report of the World the Constitutional Court, has based of internal displacement issues Conference against Racism, Racial several decisions on the Principles. do not exist. This article therefore Discrimination, Xenophobia IDPs in Sri Lanka have used the measures impact by assessing and Related Intolerance.3 The Principles to advocate for greater how governments have adopted Principles have become the accepted food rations, more timely deliveries laws and policies to promote IDP international standards for IDPs. of food, clean water and more rights, the rising profile of IDPs personal security. In Georgia a group on the international humanitarian As FMR’s recent issue on of IDPs appealed to the Supreme agenda and the way some IDPs and humanitarian reform explained, the Court to challenge discriminatory civil society groups are using the identified gap in response to IDPs electoral laws. When the court ruled Principles as an advocacy tool. was the driving force behind the against them they worked with reform of the humanitarian system NGOs on joint advocacy, persuading From the beginning, the which culminated in the launch of the government to bring laws into Representative of the Secretary- the cluster approach in December line with relevant provisions in General on Internal Displacement 2005.4 Discussions about IDPs have the Principles. US human rights (RSG) emphasised the importance dominated much of the humanitarian groups have used the Principles to of incorporating the Principles reform agenda from the need for draw attention to the shortcomings into national laws and policies. better preparation and selection of the government’s response to Presently, around 20 governments of Humanitarian Coordinators to the needs of those displaced by have passed laws or developed financing. Humanitarian agencies Hurricanes Katrina and Rita in 2005. policies relating to IDPs, although are increasingly organising seminars, they do not always follow the text providing training and incorporating However, lack of awareness of of the Principles. In only three the Principles into their own the Principles is still an issue in cases – Azerbaijan, Colombia and responses to humanitarian crises. many contexts, mitigating their Georgia – do these pre-date the effectiveness as an advocacy tool for Principles. Additionally, there There is some evidence that the IDPs themselves, national NGOs have been several attempts to Principles are having an impact and international agencies. As develop regional instruments beyond that of humanitarian Roberta Cohen says: “Knowledge which incorporate the Principles. response. A review of 43 peace and dissemination of the Principles, agreements signed between 1990 however, are not sufficiently It appears that the Principles, with and 2008 found that while only widespread. Of the 528 IDPs advocacy and support by the RSGs, ten of the 18 peace agreements interviewed in South Asia [for this have had an impact on national legal signed before 1998 mentioned project], the interviewers found standards to protect and assist IDPs. internal displacement, all but one that international principles, norms, While there are often shortcomings of the post-1998 agreements have and laws do not reach most IDPs; in implementation, governments included a reference to IDPs. only one third had knowledge of increasingly see them as a useful the Principles.6 In Bangladesh, 97% framework for addressing issues Where there are active civil of the IDPs interviewed had no of internal displacement. societies and somewhat receptive knowledge of the Principles. In Nepal, FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 11

25% had heard of the Principles their rights and have provided a Elizabeth Ferris (eferris@ through newspaper reports, radio legal framework for UN agencies brookings.edu) is the co-director and TV.In Juba, southern Sudan, and human rights organisations to of the Brookings-Bern Project there was no knowledge of the promote the human rights of IDPs. on Internal Displacement. Principles although when IDPs were What is much less certain is the 1. http://www.un.org/children/conflict/english/reports. asked what human rights meant to extent to which the Principles have html them, they spoke of access to food, prevented arbitrary displacement of 2. http://www.un.org/millenniumgoals/reports.shtml water, health and protection”.7 persons or have contributed to the 3. http://www.hrw.org/campaigns/race ability of IDPs to find sustainable 4. http://www.fmreview.org/humanitarianreform.htm While it is difficult to assess the solutions to their displacement. The 5. Roberta Cohen, Listening to the Voices of the Displaced: Lessons Learned, Washington, DC: Brookings-Bern Project direct impact of the Principles on challenge for the coming decade is to on Internal Displacement, 2008. http://www.brookings. IDPs, it is fairly certain that they ensure that IDPs are aware of their edu/reports/2008/09_internal_displacement_cohen.aspx 6. ‘Voices of the Internally Displaced in South Asia’, have encouraged governments to basic human rights and that they Mahanirban Calcutta Research Group, 2006, p14, 24. adopt laws and policies on internal see the Principles as a useful tool in http://www.mcrg.ac.in/Voices.pdf displacement, have been used by promoting the exercise of these rights. 7. Daniel L Deng, ‘Voices of the Displaced – Sudan Project’ (unpublished), p50. some IDPs as a tool to advocate for Guiding Principle 22(b)

Internally displaced persons, whether or not they are complain that “Education and training programs for IDPs are living in camps, shall not be discriminated against as non-existent” and “there have been intentions but no follow- a result of their displacement in the enjoyment of the up.” In Colombia, only a small number of those interviewed following rights… The right to seek freely opportunities for have received help to improve their skills or vocational training. employment and to participate in economic activities. The government did have a programme for promoting micro- “We do not want more humanitarian aid; we want income from businesses to help IDPs earn a living and reintegrate effectively jobs,” says an IDP interviewed in Colombia. Half-way across the but for most IDPs developing a successful project proposal world an IDP woman in Abyei, Sudan echoes the same sentiment: in the business sector prove too difficult. Moreover, as they “What we will grow is better then the relief point out, credit is difficult to repay. In Bosnia, problems given to us.” also arise with credit programmes. Returning IDPs who Indeed, whatever the country, IDPs yearn for jobs in cities or need financial assistance find that the high interest rates to be working the land so that they can have stable incomes. of many micro-credit programmes deter self-employment In Sri Lanka, access to livelihoods is a major concern for initiatives in urban areas. Creating livelihood opportunities IDPs returning to their home areas. In Nepal, of the IDPs for the vast majority of IDPs remains a major challenge. interviewed, 61% complained of economic/employment-related problems, and in Bangladesh, 58% marked economic concerns Interviews carried out by the Brookings-Bern Project on as their main problem for survival. In Assam in India, IDPs Internal Displacement. See Brookings-Bern Project report identified lack of work opportunities as a major problem. ‘Listening to the Voices of the Displaced: Lesson Learned’ Training and income-generating projects are few and far at http://www.brookings.edu/reports/2008/09_internal_ between for IDPs. In Juba, the capital of southern Sudan, IDPs displacement_cohen.aspx The Guiding Principles and the Responsibility to Protect Erin Mooney

At the GP10 conference, several speakers invoked the play. Coined in 2001, the concept of ‘responsibility to protect’ and recommended closely linking R2P emerged from the International Commission on Intervention and it to the Guiding Principles and with the fate and situation State Sovereignty (ICISS). This was of the millions of IDPs. What might making this connection convened to forge international bring, conceptually and concretely, to the protection of IDPs? consensus on humanitarian intervention after the experience of The Responsibility to Protect (R2P) other mass atrocities but that when the 1990s, when intervention had asserts that sovereign states have they are unable or unwilling to do proven intensely controversial, “both a responsibility to protect their so, a responsibility of the broader when it has happened – as in Somalia, populations from genocide and community of states also comes into Bosnia and Kosovo – and when it 12 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10

has failed to happen, as in Rwanda.”1 architect of R2P recently credited responsibility to prevent, to react and ICISS re-framed the language and Roberta Cohen, working on IDPs with to rebuild. tone of debate by no longer speaking the Refugee Policy Group in 1991, as of a right of outsiders to intervene but the first to spell out that “sovereignty At the same time the Principles a responsibility – in the first instance, carries with it a responsibility on make it clear that protecting IDPs of the state concerned – to protect its the part of governments to protect is the responsibility not only of own population. R2P prescribed a their citizens.”3 When the advocacy authorities in-country but also of the broad package of measures, including campaign she spearheaded succeeded international community, especially not only the responsibility to react to with Francis Deng’s appointment when national authorities are protect populations from grievous in 1992 as Representative of the unable or unwilling to fulfill their harm but also the responsibility UN Secretary-General on Internally role. The Principles reaffirm that to prevent such situations and Displaced Persons, Deng continued in “all authorities and international to rebuild in their aftermath. this vein, asserting in his first report: actors shall respect and ensure respect for their obligations under Heads of state who assembled at the “No Government can legitimately international law, including 2005 World Summit unanimously invoke sovereignty for the deliberate human rights and humanitarian endorsed the concept of R2P, agreeing purpose of starving its population law” (Principle 5). It is incumbent to its relevance to address genocide, to death or otherwise denying them upon states to accept international war crimes, ethnic cleansing and access to protection and resources assistance if they are unable or crimes against humanity, and vital to their survival and well-being. unwilling to provide the assistance specified that: (1) each individual […] if a Government is incapable of that IDPs require (Principle 25). state has the responsibility to providing protection and assistance Further, international humanitarian protect its population from these then the international community organisations and other appropriate crimes; and (2) the international should act, either on the invitation of actors providing assistance are to community, acting through the the host country or with international “give due regard to the protection UN, has the responsibility to do consensus, to fill the vacuum.”4 needs and human rights of IDPs so when “national authorities are and take appropriate measures manifestly failing to protect their Coining the phrase ‘sovereignty as in this regard” (Principle 27). populations” from these crimes, if responsibility’,5 Deng then made necessary by taking collective action, this concept his signature calling Genocide, ethnic cleansing and acts including the use of military force.2 card in carrying out all aspects of constituting war crimes and crimes UN Security Council Resolution 1674 his mandate. He used it to particular against humanity – the four trigger (2006) subsequently reaffirmed this advantage in opening channels scenarios for R2P – are all expressly commitment and the concept of R2P. for constructive dialogue with prohibited in the Principles, based on governments the world over on what obligations under international law. The duty to prevent and respond fundamentally is an internal, and However, unlike R2P as endorsed to genocide, war crimes and therefore politically highly sensitive, by the World Summit, the protection crimes against humanity of course matter. Much more than a diplomatic prescribed by the Principles is by predates R2P by more than half a nuance and tactic, sovereignty as no means limited to these same century. Even so, R2P represents responsibility also simply made circumstances. The Principles a breakthrough in that it breathes sense. For IDPs and other people still unequivocally recognise that people new life into these long-standing within their own country, protection become IDPs due to a range of causes commitments, in particular by ultimately entails securing access including armed conflict, generalised buttressing accountability among to effective national protection. violence, violations of human rights, states and the international natural or human-made disasters, community to fulfil these protection Key similarities and differences and large-scale development projects. obligations in practice. The concept of sovereignty as With R2P, as the experience in the responsibility at the core of R2P aftermath of Burma’s Cyclone Nargis The relevance to IDPs also informed and underpins the made evident, there is no consensus Situations of genocide, war crimes, Principles. As a general principle, even among the chief architects of crimes against humanity and “national authorities have the R2P as to whether it can be applied ethnic cleansing inevitably force primary duty and responsibility to in the case of overwhelming natural people into displacement. The link provide protection and humanitarian or environmental catastrophes, between R2P and IDPs, however, assistance to internally displaced where the state concerned is either extends beyond causal factors. persons within their jurisdiction” unwilling or unable to cope, or call (Principle 3). The Principles then for assistance, and there is or might be In fact, the intellectual roots of R2P proceed to spell out what this significant loss of life.6 Moreover, the run deep, extending to and very much responsibility requires in all phases Principles define protection in terms inspired by international approaches of displacement: from prevention not only of physical safety but also to IDP protection introduced a decade to protecting populations against of the broad range of civil, political, earlier. In particular, the concept of atrocities and abuse of rights, to economic, social and cultural rights. ‘sovereignty as responsibility’, which ensuring durable solutions – a is at the core of R2P, has a pedigree comprehensive approach which A further key difference lies in their traceable to the earliest days of IDP calls to mind and could help guide fundamental purpose. The Principles protection advocacy. A principal implementation of R2P’s three-fold were drafted in response to a request FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 13

from states, voiced in resolutions these circumstances, explicitly linking operationalising R2P before the end adopted by the UN General Assembly R2P to internal displacement and the of 2008). Once these elements are and Commission on Human Rights, Principles could risk confounding the put in place, R2P holds tremendous for a normative framework for the latter with intervention in internal promise as a mobilising tool to protection of IDPs. Their express affairs and undermine the wide reinforce and support realisation purpose is to provide guidance on the acceptance of the Principles that of those parts of the Principles rights of IDPs and the responsibilities has been so carefully cultivated concerned with the protection of of states and other authorities over the past decade. IDPs from the most serious crimes. towards them. Recognised by the 2005 In the meantime, whether states and World Summit as the authoritative To be sure, R2P’s proponents the international community will statement on the rights of IDPs, the have worked hard to explain the fulfil their responsibilities – new Principles have been incorporated broad range of measures that and old – to protect people in grave into national laws and policies in it encompasses, with particular peril remains a question urgently numerous countries. In addition to emphasis on preventive measures on the mind of millions of IDPs. clarifying the relevant legal norms, and building state capacity. Both of the Principles also specify some of these aims also find strong reflection Erin Mooney (erindmooney@hotmail. the concrete actions that realisation of in the Principles, which could thus com) is a Senior Protection Officer these norms requires, such as issuing provide a useful tool and guidance with UN ProCap. She worked for replacement personal documentation for implementing these aspects of R2P Representatives of the Secretary- for IDPs, incorporating women’s in cases of real or threatened internal General on IDPs from 1995 to 2006, views and concerns into the design displacement. Increasing focus by since 2001 as Senior Adviser.

and delivery of assistance, making R2P advocates on prevention and the 1. ICISS, The Responsibility to Protect (IDRC, 2001), pvii. education and training facilities ‘softer’ measures such as diplomatic http://www.iciss.ca/menu-en.asp available in IDP camps, and helping persuasion were used in Kenya to 2. World Summit Outcome 2005, UN General Assembly Resolution 60/1 (2005), paras 138-139. IDPs recover or receive compensation address the post-election violence – 3. Gareth Evans, The Responsibility to Protect: Ending for lost or damaged property. the first successful application of R2P. Mass Atrocity Crimes Once and For All (Brookings, 2008), p36. http://www.brookings.edu/press/Books/2008/ However, it is essential to the aim responsibilitytoprotect.aspx Anchored in the same bodies of and legitimacy of the R2P concept to 4. UN Doc. E/CN.4/1993/35 (21 January 1993), para 151. international humanitarian law as the not shy away from confronting cases, 5. Deng et al, Sovereignty as Responsibility: Conflict Principles, R2P was developed for a such as Darfur, DRC, Zimbabwe Management in Africa (Brookings, 1996). http://www. brookings.edu/press/Books/1996/sovrnty.aspx different purpose: to break through and Somalia, where mass atrocities 6. ICISS p33 and Lloyd Axworthy and Allan Rock, a political impasse, specifically on and abuses remain unchecked ‘Responsibility to Protect? Yes,’ Globe and Mail (9 May 2008); Evans, pp55-56; and Ramesh Thakur, ‘Applying the basic questions of principle and a meaningful international the UN Responsibility to Protect Doctrine too Broadly, and process as to when, how and protection response is long overdue. to Natural Disasters, Could do More Harm Than Good,’ under whose authority international Yale Global (19 May 2008). 7. Edward Luck was appointed as Special Adviser with intervention should occur. That Clearer understanding of R2P’s a focus on the Responsibility to Protect in February R2P has gained international purpose and scope is key to 2008. See Edward C Luck, The United Nations and the Responsibility to Protect, Policy Analysis Brief (Stanley acceptance and traction is a testament deepening the political buy-in for Foundation, 2008), p1. http://www.stanleyfoundation. to its contribution towards re- its application which, in turn, will org/resources.cfm?id=345 opening dialogue and re-affirming require the development of practical 8. UN doc. SG/SM/11701 (15 July 2008). 9. Brian Barbour and Brian Gorlick, ‘Embracing the commitments on this critical issue. tools and implementation strategies “Responsibility to Protect”: A Repertoire of Measures (the UN Secretary-General has Including Asylum for Potential Victims’, International Journal of Refugee Law (2008), p536. http://ijrl. Even so, the practical implications promised to unveil proposals for oxfordjournals.org/ of R2P have yet to be developed and remain controversial. The People fleeing Secretary-General’s Special Adviser attacks on on R2P points out: “UN member their villages states are united in their support for pitch a the goals of R2P but less so on how makeshift camp on the 7 to achieve them.” UN Secretary- outskirts of General Ban Ki-Moon, an active Goz Beida advocate of R2P, acknowledges that town, Chad, 2006. it is “a concept, not yet a policy; an aspiration, not yet a reality. […] There is no blueprint for getting the job done.”8 In the absence of such a blueprint, misconceptions abound; most significantly, the mistaken impression of R2P as “nothing more than military intervention cloaked in political rhetoric remains a road block for many.”9 As a result, a number of governments, fearing international intrusion, remain prickly about the concept. Under UNHCR/ Helene Caux 14 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10 Achievements and limitations of the Guiding Principles in Burma Thailand Burma Border Consortium

While the Guiding Principles have galvanised awareness done little to alleviate poverty in of and assistance for IDPs in Burma, they have been an conflict-affected areas. Communities perceived as opposing the state ineffective tool for dealing with a predatory military junta. generally bear a disproportionate As FMR’s recent issue on Burma displacement. It has now become share of the costs and are denied outlined1, large-scale internal accepted that displacement might a fair share of the benefits. displacement has been a reality in result not only from violence and Burma since squatters were forcibly abuse that have already taken place Recognition that “internal evicted from Rangoon and relocated but also from the need to avoid displacement may be caused by into satellite towns in the 1950s. threats which are yet to occur. This a combination of coercive and Only since the introduction of the has facilitated understanding of the economic factors”2 has also been important. In Burma much impoverishment and forced migration are due to state-led land confiscation, asset stripping, forced procurement policies, agricultural production quotas, forced labour, arbitrary taxation, extortion and restrictions on access to fields and markets. The compulsory and unavoidable nature of these factors is distinct from the voluntary, profit-oriented ‘pull factors’ more commonly A Burmese family heads associated with towards economic migration. a relief camp near Kungyangan Given the junta’s Township, increasing restrictions UNHCR May 2008. on humanitarian space in conflict-affected areas, Guiding Principles has there been a involuntary nature of displacement the Guiding Principles have also common framework for protection in Burma, applying the Principles helped to mobilise funds for cross- and assistance of IDPs. The Principles regardless of whether people are border assistance programmes. They have proven invaluable in promoting forced to flee conflict, violence underpin international humanitarian awareness about displacement and or abuse, or obliged to leave by law’s assertion that civilians caught mobilising assistance to respond government orders or out of fear. in the cross-fire have a right to to grave needs. Yet, in Burma, as in assistance and that such assistance some other contexts, the Principles The Principles’ concern with should not be considered a threat offer little diplomatic leverage when development-induced displacement to national sovereignty. Donors national authorities are unable and/or has resonated in Burma as state- listened when experts advised that unwilling to fulfil their obligations. sponsored development initiatives cross-border aid into Burma is not have often undermined livelihoods only justified in international law The Guiding Principles have helped and promoted militarisation. but should be strengthened.3 humanitarian practitioners advocate By focusing on infrastructure that it is not only proximity to development and commercial The protection dividend of increased actual fighting but also the broader agriculture, the junta’s Border Areas awareness in regard to the national effects of war that are causes of Development programme has authorities fulfilling their obligations FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 15

has been limited. The regime has It is now accepted that if national Burma Border Consortium (www.tbbc. neither recognised its responsibilities authorities are unable or unwilling org), a network of 11 international for causing displacement nor to protect against massive atrocities, NGOs providing food, shelter and the requirement to address its responsibility for enforcement shifts non-food items to refugees and consequences. Despite concessions to the international community.6 displaced people from Burma. made in the Irrawaddy Delta after This shift is required to increase 1. http://www.fmreview.org/burma.htm Cyclone Nargis struck in May the leverage of the international 2. UN OCHA & Brookings Institution, 1999, Handbook for 2008, restrictions on humanitarian community when dealing with Applying the Guiding Principles on Internal Displacement, New York, p5 http://www.brookings.edu/fp/projects/idp/ access continue elsewhere in Burma recalcitrant rights-abusing regimes resources/HEnglish.pdf and increasingly frustrate efforts such as the Burmese junta. The 3. Roberta Cohen, 2000, ‘Hard Cases: Internal to reach conflict-affected IDPs. Guiding Principles have put Displacement in Turkey, Burma and Algeria’, Forced Migration Review, issue 6, http://www.fmreview.org/ The weight of evidence suggests Burma’s IDPs on the humanitarian FMRpdfs/FMR06/fmr608.pdf that violations of human rights agenda but new tools are required 4. Amnesty International, 5 June 2008, ‘Crimes Against and humanitarian law in eastern to stop violence and abuse and Humanity in Eastern Myanmar’, ASA 16/011/2008 http:// www.amnesty.org/en/library/info/ASA16/011/2008/en Burma could constitute crimes prevent emerging threats from See also TBBC, October 2008, Internal Displacement and against humanity.4 International causing further displacement. International Law in Eastern Burma. http://www.tbbc.org/ idps/idps.htm frustration has been reflected in 5. http://www.reliefweb.int/rw/RWB.NSF/db900SID/ the highly unusual denunciation This article was written by the LRON-74LGRA?OpenDocument of the junta by the International Displacement Research Team 6. UN General Assembly, 2005 World Summit Outcome 5 Document, UN doc. A/Res/60/1, 24 October 2005, para 138 Committee of the Red Cross. ([email protected]) of the Thailand UN Security Council, Resolution 1674. Protecting IDPs in Europe Corien Jonker

Over the past decade the 47-member Council of Europe All Council of Europe member has put a considerable amount of effort into promoting the states have acceded to the European Convention on Human Rights.3 Guiding Principles. Thus each individual IDP under the Eleven of the 47 Council of Europe1 Committee on Migration, Refugees jurisprudence of a Council of Europe member states have a combined and Population, the Committee of member state is protected by the population of approximately 2.5 Ministers of the Council of Europe ECHR and has the right to appeal to million IDPs. Alarmingly, only agreed 13 recommendations on the European Court of Human Rights a few hundred thousand have IDPs. These Recommendations2 in Strasbourg. Since the mid-1990s, found a durable solution to their do more than just re-state the when Russia, the Balkan and South displacement over the past ten non-binding Guiding Principles. Caucasus states joined the Council of years and most of these people have They underline the binding Europe, the Court of Human Rights rebuilt their lives elsewhere than obligations undertaken by Council has issued several judgments relating their areas of origin. Contrary to all of Europe member states that go to internal displacement in the region. expectations, the number of IDPs in beyond the level of commitments Europe has not fallen significantly. reflected in the Guiding Principles. Furthermore, as IDPs remain under So somewhere, somehow, our efforts the protection of their own country, and policies have failed, despite Most European states concerned they are usually entitled to the same international human rights and have established domestic rights as any other person. Besides humanitarian norms becoming normative frameworks for internal the Convention, there are other increasingly more elaborate. displacement since 1998. However, Council of Europe instruments that only three countries – Azerbaijan, are binding on member states,4 and The Council of Europe has long Georgia and Turkey – have made both the Council of Europe and taken an interest in the issue of significant progress in bringing its Parliamentary Assembly have displaced persons. Its Parliamentary their IDP legislation into line with mechanisms to monitor countries’ Assembly has adopted various the provisions of the Guiding obligations under these instruments. recommendations and resolutions Principles. Paradoxically, these are Of particular importance is the – on issues such as the education the countries with the least prospect little known and much under-used of refugees and IDPs in European of return of their IDP populations protection mechanism provided countries and the humanitarian in the near future because of the by the European Social Charter situation of displaced populations lack of political solutions. At the and the revised Social Charter, in Turkey, the Russian Federation same time, the IDP situation has whereby international NGOs and CIS countries, south-eastern improved best in the Balkans, where which have participatory status Europe and the South Caucasus there have been internationally with the Council of Europe and (and, most recently, Georgia). negotiated and monitored are listed as having standing In 2006, at the instigation of agreements and where there have with the European Committee of the Parliamentary Assembly’s been advances in EU integration. Social Rights can submit collective 16 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10

complaints irrespective of whether assistance, even if the will is there. solutions that will help displaced the organisations concerned come In other cases, governments clearly people return to their homes. under the jurisdiction of any of the lack the necessary political will to State Parties to the Social Charter. protect and help displaced persons. Corien W A Jonker (c.jonker@ tweedekamer.nl) is the Chair However, there still persists a We need to encourage states to of the Parliamentary Assembly wide gap between legislation and step up implementation of existing of the Council of Europe’s practice, especially at local level. legislation and to observe human Committee on Migration, Refugees There is no question that the primary rights to the letter. We need to and Population (see http:// responsibility for protecting displaced enhance the impact of the Guiding assembly.coe.int/Main.asp?link=/ persons lies with governments and Principles by ensuring that they are committee/MIG/Role_E.htm). local authorities. It is at this level enshrined in the relevant legislation 1. http://www.coe.int/ that the difference will finally need of all countries. We need binding 2. Recommendation Rec (2006)6 of the Committee of to be made. National authorities instruments to hold states and their Ministers to member states on internally displaced need to be urged to devote resources, governments accountable for their persons (adopted 5 April 2006) expertise and political will to address breaches of human rights. And above 3. http://www.hri.org/docs/ECHR50.html 4. These include the European Convention for the the specific vulnerability of IDPs. In all we need to end ostrich-style Protection of National Minorities, the Revised Social some cases, the authorities face severe politics and instead work towards Charter, the European Convention on the Exercise of Children’s Rights and the European Convention on economic constraints and are unable peaceful, diplomatic, win-win Action against Trafficking in Human Beings. to meet IDPs’ need for protection and Experience of the Guiding Principles in Georgia Iulia Kharashvili, Ilya Kharashvili and Koba Subeliani

Georgia has made significant strides towards incorporating civil society. Based on the Guiding the Principles in policy and practice. Principles, the Strategy seeks to create conditions for dignified and safe In August 2008 the Russian-Georgian enacted its own IDP law. Following return of IDPs, support decent living war made headlines but less attention a visit by Francis Deng, the then- conditions for IDPs and ensure their is paid to the protracted displacement Representative of the UN Secretary- participation in society. The Strategy crisis triggered by earlier conflicts General on Internal Displacement, identifies key principles on which to in 1991-1993 which caused most the law was amended in 2000 to base implementation – including ethnic Georgians to leave the bring it into line with the Principles. the free and informed choice of secessionist enclaves of Abkhazia Although the Principles were the displaced, sustainability of and South Ossetia. officially accepted by the Georgian outcomes and gender equality.2 authorities, advocacy from IDP and Prior to the recent new wave of civil society organisations was needed New armed conflict has brought new displacement, the official number to realise the rights they enshrine. realities. The invasion of Georgia of IDPs in Georgia was 222,616. In 2003 the Norwegian Refugee by Russian forces led, according Some 45% live in collective centres Council created an education module to the UN Flash Appeal, to an – former public buildings, such to explain the Principles to local additional 128,700 people forced as hostels, hotels, hospitals and authorities. In 2003 a ruling from into dependence on humanitarian schools. Others continue to live the Constitutional Court of Georgia aid.3 The Ministry of Refugees and with host families, have rented flats established the rights of IDPs to Accommodation (MRA) has worked or – in rare cases – have managed purchase property without losing closely with UN agencies, bilateral to buy their own dwellings. their IDP status and entitlement donors, the Red Cross Movement to return and property restitution. and other actors. All senior MRA For many years IDPs lived in limbo, IDPs were given the right to vote in officials have been provided with passively watching the political local and parliamentary elections. copies of the Guiding Principles as impasse and dependent on the good well as the Brookings-Bern Project’s will of the Georgian authorities. Lack In December 2005 Walter Kälin – guidance booklet Addressing Internal of progress in negotiations around Francis Deng’s successor – visited Displacement: A Framework for National return with the de facto authorities Georgia. Recommendations made Responsibility.4 This has helped ensure in Abkhazia and South Ossetia made in his mission report1 spurred the the humanitarian response has met it clear that displaced Georgians Georgian government to develop a internationally recognised standards. needed the right to integrate. In holistic IDP State Strategy through the The immediate, rapid response 1996 – two years prior to the launch coordinated efforts of state agencies, from government and civil society of the Guiding Principles – Georgia international organisations and helped prevent any fatalities during FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 17

Reverend László Lehel, director of Hungarian Interchurch Aid, meets people displaced by the conflict in Georgia,

HIA-ACT International. September 2008.

1. http://daccessdds.un.org/doc/UNDOC/GEN/ displacement and ensure that the 34,000 IDPs in regions affected by G06/120/14/PDF/G0612014.pdf?OpenElement basic needs of the displaced were met. the August 2008 conflict who have 2. http://www.brookings.edu/projects/idp/Laws-and- few realistic prospects of return. For Policies/georgia.aspx The IDP Women Association, together them, the Georgian authorities have 3. http://www.reliefweb.int/rw/rwb.nsf/db900SID/EDIS- 7HMPZ2?OpenDocument with other civil society organizations, started building some 6,000 new 4. http://www.brookings.edu/projects/idp/20050401_ has played a prominent role in the houses in villages in the Shida Kartli nrframework.aspx current emergency. They have: region. In the meantime, providing 5. http://www.idpwa.org.ge adequate shelter during the winter ■■ organised volunteers to remains a formidable challenge. work with newly displaced Life stories of IDPs people in collective centres As the IDP State Strategy The Internal Displacement acknowledges, it is essential that all Monitoring Centre (IDMC www. ■ ■ advised the government IDPs – whether from the original internal-displacement.org) with the on minimum standards of or latest caseloads – should have support of the Panos London’s Oral humanitarian assistance the opportunity to receive equal Testimony Programme (www.panos. assistance and durable solutions org.uk/oraltestimony) interviewed ■ ■ assisted the authorities in of their problems. Decisions to IDPs in Georgia and Colombia to communications with international return, to move to new houses record their personal experiences humanitarian agencies and donors or to stay temporarily in shelters of forced displacement and what must be informed and voluntary. it means to be displaced. ■■ helped publicise on the international stage the Iulia Kharashvili (iulia.kharashvili@ IDMC’s IDP Voices website (www. needs of Georgian IDPs. idpwa.org.ge) is chair of the idpvoices.org) gives access to a IDP Women Association.5 Ilya wide range of IDPs’ stories and Russian troops have now withdrawn Kharashvili ([email protected]) is a voices in written and audio formats, from villages to the north, from post-graduate at the Institute of organised by country and by rights Gori in the east and from some Management of Migration Processes, as stated in the Guiding Principles. towns in western Georgia, allowing State University of Management, Books published on IDP voices in substantial numbers of people to Moscow. Koba Subeliani (sxalde@ Colombia (Let It Be Known, published return. Troops remain, however, in yahoo.com), MP, is coordinator in Spanish and English) and Georgia Akhalgori district. While it is hoped of the Georgian Parliament’s IDP (Heavy Burden, available in Georgian, that the presence of European Union Group (and recently appointed Russian and English) can also be monitors will increase security, the Minister for Refugees and downloaded from this website. reality is that there are still more than Accommodation of Georgia). 18 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10

Regional approaches to incorporating the Guiding Principles Walter Kälin, the UN Secretary- work with regional organisations regional organisation may General’s Representative on to develop region-wide, place greater pressure on the Human Rights of Internally binding conventions. While individual states to actually Displaced Persons, has – like the negotiations may be more fulfil their commitments. lengthy, involving as they do a his predecessor – sought to number of states, the impact The best examples to date ‘harden’ soft law by encouraging may be greater, firstly because of incorporating the Guiding states to develop national several states accede to regional Principles in regional approaches laws and policies based on conventions at the same time are in Africa, as discussed the Guiding Principles. A and secondly because being in this article by Brigitta parallel track has been to subject to the scrutiny of a Jaksa and Jeremy Smith. Africa: from voluntary principles to binding standards Brigitta Jaksa and Jeremy Smith

A continent-wide Convention to protect IDPs in Africa could ■■ The Convention, unlike the soon be adopted by the African Union. If sufficiently robust Principles, directly addresses the issue of development-induced and aligned closely with the Guiding Principles, it would send displacement. However, the a powerful signal about Africa’s determination to address vagueness of a caveat saying IDP issues. that this applies only to “large- scale” development could allow With as many IDPs in Africa – 12 narrow, focusing only on “ethnic, states to avoid responsibilities. million – as in the rest of the world racial or religious” factors, The Convention says nothing put together, African states have rather than mirroring Guiding about public and parliamentary already shown leadership in the Principle 4 which outlaws scrutiny of projects likely area of IDP protection. Signed in discrimination of any kind. to cause displacement. 2006, the Great Lakes Protocol ■ on the Protection and Assistance ■ The Convention lacks the ■■ Various articles dealing with to Internally Displaced Persons1 positive assertion of Guiding states’ responsibilities to provide obliges signatory states to adopt and Principle 1 that IDPs “shall protection and humanitarian implement the Guiding Principles. enjoy …the same rights and assistance – or to enable others The decision by African Union freedoms under international to provide it – create unease: (AU) ministers in 2006 to initiate and domestic law as do other for each clause strongly laying a process to develop a continent- persons in their country.” At most, out standards, another clause wide framework on the rights of it creates a negative obligation potentially undermines the IDPs raises the prospect of binding on states to “prevent political, point being made. For example: standards for Africa as a whole. social, cultural and economic the Convention requires states The Convention for the Prevention exclusion and marginalization, to acknowledge the neutrality, of Internal Displacement and the likely to cause displacement.” impartiality and independence Protection of and Assistance to ■■ Language about “simplified of humanitarian actors but, Internally Displaced Persons in procedures” to restore property worryingly, gives states “the Africa is expected to be approved to IDPs is vague and may right to prescribe the technical at a Special Summit of the AU not empower IDP women to arrangements” concerning in Uganda in April 2009 recover property in cases where humanitarian access; a clause they lack the right to inherit gives international agencies only The draft Convention is broadly what is considered solely a limited role in assessment of based on the Guiding Principles. their husband’s property. needs and vulnerabilities, meaning IDP advocates welcome it but that a state could choose to decide have a number of reservations. ■■ The Convention itemises rules that IDPs’ needs are being met, of behaviour for non-state whatever the actual situation ■■ The opening clause requiring armed actors but, by definition, they face; references to situations states to refrain from and such non-state actors cannot when states are unable to protect prevent discrimination is too be party to the Convention. and assist IDPs sometimes FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 19

indicate that states “shall” seek A potential means of ensuring could be on the cusp of forming international assistance and compliance is the African Court the core of the world’s first sometimes merely that they of Justice and Human Rights – an international legal instrument “may”; and the inclusion of a institution intended to be the for the protection of IDPs. condition that outside assistance “principal judicial organ of the would be sought when “maximum [African] Union” but which is not Brigitta Jaksa ([email protected]) available [state] resources are yet functional. According to the is Legal Advisor and Jeremy Smith inadequate” is unhelpful, since it protocol establishing it, the Court ([email protected]) is Director creates a mechanism by which a has jurisdiction over not only of Organisational Strategy at IDP state can prevent such assistance, provisions of the African Charter Action (www.idpaction.org), a even in cases where it has no on Human and Peoples’ Rights2 UK-based agency campaigning for intention of providing it itself. but also any other relevant human the rights of African IDPs. The full rights instruments ratified by the version of this article is available ■■ Language about monitoring states concerned. This means that if at the organisation’s website. compliance is vague. The draft a state has ratified the Protocol, the 1. The Protocol, part of the Pact on Security, Stability and envisages the establishment of a Court would in theory be able to Development in the Great Lakes Region, was signed by Conference of States Parties for consider issues of a state’s compliance 11 states, including Sudan, Uganda and the Democratic Republic of Congo, between them home to nearly two- the purposes of monitoring and with the IDPs Convention. thirds of Africa’s IDPs. http://www.brookings.edu/fp/ reviewing implementation but projects/idp/GreatLakes_IDPprotocol.pdf does not specify its functions or Should these reservations be 2. http://www.achpr.org/english/_info/charter_en.html clarify reporting mechanisms. addressed, the Guiding Principles Can the Guiding Principles make a difference in Kenya? Jacqueline Klopp and Nuur Mohamud Sheekh

Kenya has signed the Regional Pact on Security, Stability as a result of lack of consultation and Development in the Great Lakes Region1 which includes the government failed to recognise the substantial category of people legally binding IDP protection protocols based substantially unable or unwilling to return home. on the Guiding Principles. Potentially, advocates could use the Pact to enhance efforts to assist those still displaced as In May 2008, the government a result of violence following elections in December 2007. launched Operation Rudi Nyumbani (Operation Return Home). To put Prior to the most recent bout of displacements in 1992, 1997 and 2002, pressure on IDPs, essential services violence in Kenya, small steps were the Commission of Inquiry into Post- such as water were cut off – in clear being made in pushing the Kenyan Election Violence described internal violation of the Guiding Principles. government to address long-standing displacement as a “permanent Sums of 10,000 Kenya shillings internal displacement issues. A Task feature” in Kenya’s history.3 (approximately $127) were offered Force on Resettlement was set up to those who agreed to go back and allocated some 1.3 billion Kenya The National Accord and home. IDP associations raised a shillings (approximately US $16.5 Reconciliation Agreement signed number of concerns about Rudi million2) in the 2007-08 financial year on 28 February 2008 prioritised Nyumbani, noting the lack of: to buy land on which to resettle the dealing with the displacement displaced. While there were serious crisis, mandated an investigation ■■ compensation or business problems with how the task force and into the post-election violence that support loans resettlement money were handled, caused mass displacement and put it was a step forward. Ratification together a team to forge a National ■■ preparations for security and of the Pact signified acceptance of Reconciliation and Emergency Social reconciliation in places of return the Principles as a framework for and Economic Recovery Strategy. dealing with internal displacement. Determined to encourage rapid and ■■ planning for those who did not premature return, the government wish to return or had no access Some 600,000 people were displaced announced its intention to close to land and around 1,500 killed after the IDP camps situated in stadia and election on 27 December 2007. Many public showgrounds by June 2008. ■■ provision for vulnerable groups of these people had been displaced However, IDPs were not adequately such as HIV/AIDs patients on previous occasions. Chronicling profiled or disaggregated into and displaced children in previous politically induced categories according to needs and foster families and in school 20 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10

■■ communication with IDPs 10,000 Kenya shillings return grants of the need to embed the Great about the programme, leaving were, at times, given to perpetrators Lakes Pact into the constitution. them with no information of violence. Rudi Nyumbani has about their entitlements. been narrowly focused on the While Kenya has a relatively well- Rift Valley, while other places organised National IDP Network While some IDPs successfully like northern Kenya continue to and an active civil society, few returned home, many others suffer massive displacements with organisations focus on IDP issues and decided not to return to places little recognition or assistance. engage in outreach to policymakers. where tensions were still high. The UN, donors and regional The Kenyan government claims The way forward bodies could do more to stress the that over 90% of IDPs have been It was unfortunate that, just as Principles in their interaction with resettled but it is estimated that up Kenya seemed to be moving the government and to encourage to 220,000 IDPs were still in camps towards official endorsement of greater public discussion. Capacity in September 2008.4 Many IDPs have the Guiding Principles, electoral building, especially for IDP-focused ended up in urban slums without violence led to such massive new civil society organisations, is essential. any formal support. Community- displacement. Without the Principles, based organisations and already however, things would have been It is important to challenge the poor community members are worse. Training and workshops prevailing view among Kenyan absorbing the cost of assisting have led to wider awareness of the policymakers that displacement issues fall within the realm of humanitarian relief. Over many years this has meant that as episodes of violence and displacement give way to reconstruction the government is left to manage IDP issues. What is urgently needed is sustained policy focus on assisting and reintegrating the displaced through strategic redress, reconciliation and reconstruction initiatives. If displacement is to stop being a recurring theme of Kenyan history, the Guiding Principles, along with the voices of the IDPs themselves, must structure and guide this process.

Jacqueline Klopp (jk2002@columbia. edu) is an Assistant Bernard Thomas Barrett Thomas Barrett Bernard Professor of International and Public Affairs Displaced largely neglected displaced people. Principles and the government does at Columbia University. Nuur families claim that its policies are based on Mohamud Sheekh (nuur.sheekh@ prepare meals, The Kenyan National Commission recognition of them. Media and nrc.ch) is a Country Analyst with Elburgon on Human Rights has argued that civil society are increasingly aware the NRC’s Internal Displacement Primary implementation of Rudi Nyumbani of the Principles and using them to Monitoring Centre (http://www. School, near Molo involved violations of the Guiding hold the government to account. internal-displacement.org). in Kenya, Principles as IDPs were not consulted 1. http://www.internal-displacement. January 5 on resettlement options. UNICEF Yet clearly much more needs to be org/8025708F004CFA06/(httpKeyDocumentsByCategory)/ 2008. and the Child Welfare Society of done. One of the recommendations EDBDB590CC1BF1FEC1257248002EC747/$file/Great%20 Lakes%20pact_en.pdf Kenya have noted the rise of child- of the Commission on Post-election 2. Exchange rate as of November 2008. headed households in urban centres Violence is that the government 3. Commission of Inquiry into Post Election Violence, as parents fear for their safety in should create a clear national IDP p271. http://wikileaks.org/leak/wakireport-2008.pdf places of return or abandon them policy that includes the Guiding 4. http://www.nation.co.ke/News/-/1056/474336/-/ tkv656/-/index.html Principles as a legal framework. out of desperation at being unable 5. http://www.irinnews.org/report.aspx?ReportID=80948 to take care of them.6 The incoherent This would be in line with Kenya’s and http://allafrica.com/stories/200810290041.html application of Rudi Nyumbani obligations under the Regional Pact. 6. http://www.unicef.org/infobycountry/kenya_45641. html and http://www.irinnews.org/report. lent credence to charges of ethnic It is also important to raise awareness aspx?ReportID=80267 favouritism and allegations that the among Kenyan parliamentarians FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 21 Uganda’s response to displacement: contrasting policy and practice Ruth Mukwana and Katinka Ridderbos

An often overlooked aspect of northern Uganda’s protracted decentralisation reforms did not give conflict is that the main driver of displacement was the lower tiers of government sufficient resources. Little allowance was made Ugandan government’s decision to force civilians into for the fact that local government was ‘protected villages’. Peace may be in sight but more must in tatters. Local governments came be done to make a reality of Uganda’s mould-breaking under further pressure as a result national IDP policy. of the large influx of humanitarian actors and the subsequent decision Conflict between the Ugandan Uganda’s National Policy for by the Inter Agency Standing government and the Lord’s IDPs was adopted in 2004, Committee (IASC) – the main Resistance Army (LRA) has following a visit by Francis Deng, humanitarian coordination displaced an estimated 1.8 million former Representative of the mechanism1 – to make Uganda a pilot people. The government argued Secretary-General on Internal country for the implementation of the that it had to separate civilians Displacement. Uganda became cluster approach.2 Many go-it-alone from insurgents in order to reduce one of the first countries to adopt international actors failed to consult the LRA’s ability to recruit civilian a national policy derived from with local authorities. The roll-out of collaborators and in 2002 the the Guiding Principles, which: the cluster approach set up parallel displacement crisis worsened when structures for the coordination the Ugandan army, in the course ■■ holistically addresses protection of humanitarian activities. Local of an offensive against the LRA against displacement, during governments were sidelined as (Operation Iron Fist), ordered all displacement and during return, the international community did civilians remaining in ‘abandoned resettlement and integration little to build government capacity. villages’ to move to ‘protected There was lack of communication villages’, i.e. government camps. ■■ states that IDPs “have the right between national and local to request and receive protection authorities, little consultation Forced encampment dramatically and humanitarian assistance from with IDPs and failure to allocate increased vulnerability. Repeated national and district authorities” resources to implement the policy. LRA attacks succeeded because soldiers were often garrisoned in ■■ gives IDPs “the right not to be After protracted negotiations the middle of IDP camps, rather discriminated against in the brokered by the newly established than on the outside as intended. fulfilment of any rights and Government of Southern Sudan, the When the LRA attacked a camp, freedoms on the grounds that Ugandan government and the LRA the solidiers’ base would be the last they are internally displaced” agreed to a ceasefire in 2006. While point reached by the LRA – meaning the LRA has yet to be persuaded that the IDPs themselves bore the ■■ urges action to enable IDPs to to sign a final peace agreement brunt of the fighting. The failure attain the same educational – in part due to the International of the ‘protected villages’ policy standards as other Ugandans Criminal Court’s indictment of LRA and the appalling humanitarian leaders – the security situation in conditions in the camps entrenched ■■ highlights the importance of northern Uganda has improved, the feeling of the Acholi people consulting IDPs, especially allowing hundreds of thousands – the main victims of the LRA as displaced women and youth of IDPs to leave the camps. There well as suppliers of its cadres – that is much talk about the transition they were politically and socially ■■ has been translated into from humanitarian emergency relief marginalised. In 2003 lack of three local languages – to recovery and development but national and international response Acholi, Ateso and Lango there is confusion about the roles to the massive humanitarian and responsibilities of national and needs in Uganda’s IDP camps led ■■ represents a commitment by the local governments, UN agencies, the then UN Emergency Relief government and an endorsed set donors and NGOs.3 The multiple Coordinator (ERC), Jan Egeland, to of standards to which actors can coordination mechanisms created describe the humanitarian crisis in hold the government accountable. in the earlier phase of the crisis northern Uganda as the “biggest must be streamlined to allow forgotten, neglected humanitarian Implementation of the IDP Policy handover of responsibilities emergency in the world today.” got off to a slow start. Rushed to national authorities. 22 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10

A displaced girl cares for her younger sibling in an IDP camp in

northern Together Churches by Jeffrey/Action Paul Uganda.

With the benefit of hindsight, it would find sustainable solutions for the all, the government should tackle have been better for the international displaced. While the government has the root causes of the conflict community, having encouraged begun a process of closing down IDP and allocate more resources to Uganda to develop a national IDP camps, it needs to take measures that implement its innovative IDP policy. policy, to strengthen and support will enable IDPs to make voluntary government bodies. This might have and informed decisions on whether Ruth Mukwana ([email protected]) encouraged a longer-term perspective to return, integrate or resettle. is a Humanitarian Affairs Officer and helped prepare local authorities (Protection) with the Displacement to assume responsibilities given In 2005 the Brookings-Bern Project and Protection Support Section of them by the National IDP Policy. on Internal Displacement convened the Office for the Coordination of a workshop in Kampala – hosted Humanitarian Affairs (OCHA-DPSS Huge efforts are required to by the Ugandan government – to http://ochaonline.un.org). Katinka guarantee durable solutions to IDPs identify the challenges to the Ridderbos (katinka.ridderbos@ and all those affected by conflict. implementation of Uganda’s nrc.ch) is a Country Analyst Failure to address the root causes of IDP policy and work towards for the Internal Displacement the conflict and to conclude a final practical solutions. The workshop’s Monitoring Centre (www. peace agreement with the LRA – one recommendation are still valid.4 The internal-displacement.org).

of the key conditions for the return Ugandan government must facilitate 1. http://www.humanitarianinfo.org/iasc of many IDPs – would attest to the IDP returns by removing landmines, 2. See FMR 20, http://www.fmreview.org/ government’s failure to prevent increasing police presence in return humanitarianreform.htm 3. Oxfam, ‘From Emergency to Recovery: Rescuing displacement and create conditions areas, building infrastructure, northern Uganda’s transition’, September 2008. http:// conducive for durable solutions. making social services available and www.oxfam.org/files/bp118-uganda-from-emergency- establishing judicial mechanisms to-recovery.pdf 4. Joy Miller, ‘Uganda’s IDP Policy’, FMR 27, January The peace process has created an to address criminal offences and 2007. http://www.fmreview.org/FMRpdfs/FMR27/53. opportunity for the government to land and property disputes. Above pdf FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 23 Guiding Principle 29 and the right to restitution Rhodri C Williams

The emergence of a right to post-displacement property However, the acceptance of restitution restitution represents a significant development in human in principle has raised new challenges in practice. The last decade has seen rights law in the ten years since the Guiding Principles were few examples of unambiguously submitted. While Guiding Principle 29 has contributed to successful restitution programmes, the development of this right, significant obstacles remain leaving Bosnia to represent as much to its consistent application in displacement settings. an aberration as a precedent. This failure in implementation results in part from politics. Land and property origin” and to “have restored to are inherently valuable assets, Principle 29(2) states that: them property of which they were and local and national authorities “Competent authorities have the deprived.” The next five years saw may resist their recovery by IDPs. duty and responsibility to assist a methodical push to restore the In frozen conflicts, restitution is returned and/or resettled internally property rights of Bosnia’s displaced, usually impossible. Thus, while the displaced persons to recover, to the resulting in the restitution of some Security Council has issued a strong extent possible, their property and 200,000 homes, the return of up to statement in favour of restitution possessions which they left behind a million people and the first real with regard to breakaway regions or were dispossessed of upon their precedent for large-scale post-conflict in Georgia,4 the recent incursion by displacement. When recovery of property restitution as of right. Russia has greatly complicated the such property and possessions is not chances that it will be respected. possible, competent authorities shall The Bosnia experience helped shape provide or assist these persons in such important developments as the Where political will exists, restitution obtaining appropriate compensation 2006 adoption by the UN General programmes may demand a level or another form of just reparation.” Assembly of ‘Basic Principles of resources and legal capacity and Guidelines’ affirming rights that many countries do not enjoy. to substantive remedies such In countries such as Afghanistan, At the time that the Guiding as restitution in addition to fair where landlessness was widespread Principles were drawn up, the right of hearings.1 The most specific support prior to displacement, or Burundi, IDPs to reclaim abandoned property for a post-displacement right where the population has nearly was not beyond dispute. Human to restitution came in 2005 with outstripped the available supply of rights law guaranteed a ‘right of release of the Pinheiro Principles,2 land, restitution proposals should return’ but it was limited to restoring which confirmed restitution “as the accommodate the imperative of people to the frontiers of their country preferred remedy for displacement” securing equitable access to land of origin – a destination often far from and a “distinct right … prejudiced for the population as a whole. their actual homes. Likewise, the right neither by the return or non-return” to legal remedies for violations such of those entitled to it. Like the A further significant challenge to as property confiscation was defined Guiding Principles, the Pinheiro restitution efforts is the need to as a procedural entitlement to a fair Principles set out to reflect accepted integrate customary tenure systems. hearing, without pre-judging whether principles of international law In many countries, indigenous any specific substantive remedy and have helped fill an important or tribal groups hold land in such as restitution should result. gap for countries serious about accordance with unwritten rules. addressing displacement. While traditional systems should be Accordingly, while the drafters of respected, lack of state recognition the Guiding Principles were aware The UN General Assembly and and formal documentation often that durable solutions for IDPs were Security Council have moved towards complicate restitution claims. inconceivable without the possibility recognition of a right to restitution Customary systems are often non- of restitution and voluntary return, and the Secretary-General has transparent or even discriminatory, prevailing legal understandings called for a more effective response complicating efforts to ensure necessitated a formulation focusing to post-conflict property issues.3 that respect for collectively held on state duties rather than individual Restitution has also emerged as an customary rights does not harm rights. However, important progress increasingly standard component of individuals. This tension is reflected on the ground came as a result of conflict resolution, whether directly in the Great Lakes Pact’s Protocol on the 1995 Dayton Peace Accords, through peace agreements, as in the Property Rights of Returnees,5 which ended the war in Bosnia and Darfur and Nepal, or through ad which affirms the right of women to included rights for displaced persons hoc mechanisms in Afghanistan, own property without discrimination “freely to return to their homes of Burundi, Kosovo and Turkey. as well as the rights of rural and 24 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10

pastoral communities to special in the wake of all displacement. Displaced Persons: A Manual protection of their property but fails The promise of Principle 29(2) has for Law and Policy-Makers to provide clear guidance where yet to be completely fulfilled but while working as a consultant traditional inheritance systems it is encouraging that a rule that for the Brookings-Bern Project. discriminate against women. was once judged to be ambitious 1. http://www2.ohchr.org/english/law/remedy.htm is fast becoming a routine part of 2. http://www.cohre.org/store/attachments/Pinheiro%20 These complications notwithstanding, the response to displacement. Principles.pdf a great deal has been achieved. 3. See ‘Report of the Secretary-General on the protection Ambitious restitution plans are Rhodri C. Williams (rcw200@ of civilians in armed conflict’,October 2007 http://www.un.org/Docs/journal/asp/ under discussion for Colombia yahoo.com) coordinated monitoring ws.asp?m=s/2007/643 and Iraq. Experience of the 2004 of property restitution in Bosnia 4. http://www.un.org/News/Press/docs/2007/sc9142. tsunami and other natural disasters with the Organization for Security doc.htm 5. http://www.brookings.edu/fp/projects/idp/GreatLakes_ has led to increased awareness that Cooperation in Europe (OSCE). IDP protocol.pdf property rights must be respected He draftedProtecting Internally Obstacles to realising Guiding Principle 29 in Afghanistan Megan Bradley

Restoring property to displaced Afghans is a formidable possible, competent authorities shall challenge. Given the prevalence of landlessness, overlapping provide or assist these persons in obtaining appropriate compensation claims and inequitable property distribution, focusing or another form of just reparation.” solely on restoring land to its ‘original owners’ is unlikely to meet the needs of IDPs, returnees and their neighbours. Making a reality of this aspiration in Afghanistan is complicated by Principle 29 asserts that: “Competent possible, their property and complex patterns of displacement. authorities have the duty and possessions which they left behind In addition to 130,000 IDPs in responsibility to assist returned and/ or were dispossessed of upon their ‘protracted’ displacement in the south or resettled internally displaced displacement. When recovery of and southwest, unknown numbers persons to recover, to the extent such property and possessions is not have been displaced in recent years due to conflict, human rights violations, floods and droughts. The five million refugees who have returned from Pakistan and Iran1 face a heightened risk of internal displacement, as they often lack the resources and power necessary to reclaim property, or simply have nothing to claim and nowhere to go.

Competition for land is intense in a country with a high birth rate where only 12% of land IDP camp, is arable. Decades Kabul, of conflict and Afghanistan, IRIN/Manoocher Deghati June 2008 displacement have FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 25

produced murky, overlapping claims jeopardising the search for durable in the south, it is essential to redouble as successive governments adopted returns and sustainable peace. The efforts to tackle the land problem, different land policies, often with the international community’s ‘light for land disputes continue to trigger goal of rewarding their supporters. footprint’ approach in Afghanistan further conflict and displacement. Powerful elites have capitalised on means that, in contrast with Progress in upholding Guiding the chaos to claim vast swathes of restitution processes in countries Principle 29 is key to preventing land. Afghanistan’s land registration such as Bosnia, there has been little further internal displacement. The system is largely dysfunctional. support to build local capacity. failure of the Special Court underlines Many people lack documentation A Special Property Disputes the importance of abandoning one- to back up their claims, while Resolution Court was set up but soon size-fits-all approaches to redressing in other cases multiple people collapsed due to lack of support, displaced persons’ land claims and hold documents attesting to their inadequate enforcement capacity, instead crafting practical strategies ownership of the same piece of land. inaccessibility and corruption. that respond to local challenges. The courts cannot be relied upon Until the Afghan government is to resolve disputes fairly because In the absence of formal efforts to stronger, creating new institutions of lack of resources and training, uphold displaced persons’ rights, will not be the answer. More effort and widespread corruption. When IDPs and returnees largely rely on is needed to explore how customary authorities do issue fair decisions, traditional decision-making and justice mechanisms might uphold these are often not enforced, as law adjudication mechanisms such displaced persons’ remedial rights, enforcement is extremely limited and as shura and jirga to resolve their as recognised in Principle 29, impunity widespread. Claimants claims. In theory their decisions without fatally compromising other often resort to violence in order to are based on sharia law but men rights, such as the equal treatment settle disputes, perpetuating the cycle who participate in them also follow of women, that are recognised of displacement and grievance. customary laws which may be more elsewhere in the Guiding Principles. conservative, particularly regarding Principle 29 is reflected in the women’s rights. Troubling as this is, Megan Bradley (megan.bradley@sant. 2001 Decree on Dignified Return,2 working with the shura and jirga is ox.ac.uk) is a doctoral candidate in which states that all moveable and essential to implementing Guiding international relations at St Antony’s immovable property shall be restored Principle 29 in Afghanistan, even College, University of Oxford. to its rightful owner. Similarly, the to a limited extent, as these bodies 1. http://www.unhcr.org/afghan.html Afghan National Development enjoy local legitimacy, issue prompt 2. http://www.unhcr.org/cgi-bin/texis/vtx/home/opendoc. Strategy3 “supports the right of all decisions and are less corrupt and pdf?tbl=SUBSITES&id=3f5d990c4 Afghans to return to their homes, more accessible than formal courts.4 3. http://www.ands.gov.af [and] repossess property”. Despite 4. Innovative Norwegian Refugee Council legal aid programmes have helped scores of IDPs to use shura and these declarations, there are a massive While greater stability is a pre- jirga to recover their property. See http://www.nrc.no/. number of unresolved land claims requisite for addressing land disputes

about safety and transportation problems because there is Guiding Principle 23 no school nearby: “Our children have to walk more than 6 km or have to hire an auto. We don’t have enough bus services. Every human being has the right to education … To give effect Because of that our girls can’t continue their education.” to this right for internally displaced persons, the authorities concerned shall ensure that such persons, in particular In Juba, southern Sudan, parents lament that “Some go displaced children, receive education which shall be free to school, whose parents can afford, but most cannot.” and compulsory at the primary level. Education should Other barriers to schooling include damaged school respect their cultural identity, language and religion. buildings and supplies, untrained teachers, unfamiliar languages, loss of necessary documents for entry to Most IDPs consider education an essential factor in their school, and inability to meet residency requirements. children’s development. “I don’t need wealth but I do want education – I want there to be a future for our children,” In several countries IDPs report discrimination against asserts a Ugandan IDP. In Peru, some IDPs will not return their children. In Sudan, southern Sudanese IDPs home because of a lack of schools in areas of return, while complain of religious and racial discrimination. A young in Mozambique returning IDPs left their children behind IDP man who had gone to school in Khartoum says that temporarily so they could continue their education. Schooling is “We learned Islamic doctrines in Khartoum by force.” seen also as a means of normalising their children’s life and as A boy in Colombia had been told by his teacher: “No a security measure, providing safety against sexual exploitation, wonder you are so stupid – you are a displaced.” military recruitment and being preyed upon by criminal gangs. Interviews carried out by the Brookings-Bern Project on Yet IDP parents in Georgia and Colombia point to lack of school Internal Displacement. See Brookings-Bern Project supplies, proper clothing and shoes as factors preventing report ‘Listening to the Voices of the Displaced: their children from attending school, while in Indonesia high Lesson Learned’ at http://www.brookings.edu/ tuition fees pose problems. In Sri Lanka, parents complain reports/2008/09_internal_displacement_cohen.aspx 26 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10 Seeking electoral equality for IDP voters Jeremy Grace and Jeff Fischer

Guiding Principle 22 affirms IDPs’ “right to vote and to need not undermine the transparency participate in governmental and public affairs, including of the electoral process or threaten IDPs’ security or humanitarian needs. the right to have access to the means necessary to exercise In countries from Georgia to Sri Lanka this right.” Despite the clarity of this language, there is no to Nepal, national authorities have set of universally accepted policies and practices protecting amended electoral legislation that IDP voting rights. specifically discriminated against IDP voting rights. Programmes have IDPs are protected by the full The reasons for this discrimination been supplemented by engagement spectrum of constitutional vary. In some situations, the logistics of human rights and protection actors protections and applicable human and cost of IDP voting programmes in enhancing the capacity of national rights law, including provisions may appear to be beyond the means authorities, support agencies and designed to ensure the right to of election organisers, as was the case civil society organisations seeking to protect IDP voting rights.

Recent initiatives include:

■■ the sustained focus on IDP voting rights in mission reports, statements and initiatives of the Representative of the UN Secretary-General on the Human Rights of Internally Displaced Persons. See, for example, recent reports from Colombia and Nepal.1

■■ increased attention to displacement issues in the election monitoring reports of various intergovernmental organisations, such as the European Commission and the Organization for Security Brett Lacy Brett and Cooperation in Europe

IDPs queue participate in the political affairs of during the 2005 Liberian elections ■■ inclusion of chapters on IDP voting outside a their state on a non-discriminatory where IDP participation was possible rights in the Global Protection makeshift polling centre basis. National governments but limited. This kind of segmentation Cluster Working Group’s 2007 to vote in have a clear responsibility to take produces different classes of voters, Handbook for the Protection of Liberia’s measures necessary to meet these some of whom have enhanced access Internally Displaced Persons and August 2005 presidential obligations on behalf of IDPs. to the electoral process. Such an Protection of Conflict-Induced and inequality is clearly in violation of IDPs: Assessment for Action2 legislative However, national authorities and human rights practices. In other cases elections ■ in Margibi the international community have – including the recent Zimbabwe ■ increasing resources for voter and County. sometimes tolerated blatantly election – disenfranchisement civic education programming discriminatory limitations on the is intentional, and technical and in IDP communities by voting rights of IDPs. In some cases, logistical constraints can serve as inter-governmental and non- these deviations from international pretexts to exclude segments of the governmental organisations election standards include outright electorate for political reasons. disenfranchisement, either through ■■ research, technical assistance and onerous residency and documentation Since the development of the Guiding development of best practices and requirements or insufficient Principles, an emerging body of guidelines for organising displaced electoral and registration facilities. precedents and programmes to voting programmes conducted Other common obstacles include include IDPs in electoral processes by the International Organization a lack of adequate information demonstrates that IDP voting for Migration under the Political about electoral processes and programmes can be cost-effective and Rights and Enfranchisement failure to provide security. technically feasible. IDP participation Strengthening Project.3 FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 27

What still needs to be done? in scenario planning, identify profile of democracy support agencies IDP political participation remains resources and develop mechanisms and humanitarian groups, and to accommodate IDPs’ unique needs. inconsistent and work is needed to the increasing lead taken by IDPs Consultations should also include articulate a clear set of IDP-specific themselves, it has become much more representatives of international standards on the human rights, difficult to discriminate against IDPs humanitarian agencies, as well as operational and security issues in the design and administration of relevant ministries (such as the police, associated with elections. Clear elections. However, since IDP voting census bureaus or social welfare guidance, based upon existing programmes relate to the mandates agencies). Donors need to ensure human rights commitments, is of a wide variety of international that post-conflict governments build needed regarding: guaranteeing the agencies and national authorities, capacity to transparently conduct right to participate; determining it is sometimes difficult to sustain elections and to provide funds for eligibility criteria and documentation attention. The development of a civil society monitoring groups. requirements; determining clear, concise and widely accepted set of standards, combined with the residency requirements; providing Once registration and electoral identification of a single institutional absentee balloting; protecting IDP processes are underway, donors and home for IDP voting issues, would security during elections; ensuring international electoral assistance help the international community that humanitarian assistance agencies should support programmes better support national authorities and/or property claims are not aimed at strengthening IDP to implement electoral programmes linked to registration or voting; communities’ ability to participate that conform to fundamental and providing election-related and should remind governments of human rights obligations. information. In each of these areas, their obligations to protect the voting the fundamental principles of non- rights of all citizens. International Jeremy Grace (jeremygrace@yahoo. discrimination must be respected. observer missions should identify the com) and Jeff Fischer fischerjeff@( extent to which displacement issues International mediators should comcast.net) are consultants in figure in the political calculations electoral design, organisation pressure national authorities to of competing parties and how guarantee IDP voting rights directly and management. They have both discrimination may be embedded worked in the field as election in peace agreements, national in electoral code or procedure, support professionals and as electoral laws and IDP policies. and ensure that field observers coordinators of the IOM project on Once an electoral timeline has been understand what to look out for. developed, national authorities voting rights and forced migrants.

should work to include IDP-specific The Guiding Principles have helped 1. http://www2.ohchr.org/english/issues/idp/visits.htm provisions in electoral law. Planning to focus attention on the issue of IDP 2. http://www.internal-displacement. for IDP voting requires pro-active political rights. Through the strong org/8025747B0037BAC5/(httpResources)/2D90D9C79 8E63959C12574A6004FA218/$file/IDP_handbook.pdf measures by election management commitment of Representative of (provisional release) bodies to consult with IDPs, engage the Secretary-General, the growing 3. http://www.geneseo.edu/~iompress Time to apply the Guiding Principles in Nepal Shiva K Dhungana

While Nepal’s new Maoist-led government drags its heels peace accords in 2006 allowed some in implementing the country’s national policy on IDPs, the to return home, the UN estimated there were still 50-70,000 conflict- needs of those displaced by conflict continue to go unmet. induced IDPs in December 2007. Despite the fact that many Nepalis acknowledged the problem but However, the government has only had been displaced by natural defined IDPs solely as those registered 35,000 IDPs. Generalised disasters and development projects, victimised by the Maoist rebels. fear and distrust that return is a safe the issues of protection and To the dismay of civil society, the option, limited livelihood options, promotion of IDP rights were not government thus denied IDP status lack of clear government strategies taken seriously until the advent of – and access to relief packages – to and insecurity of land tenure the Maoist insurgency in the late those displaced by state brutality. deter comprehensive return. The 1990s. As conflict intensified, the Comprehensive Peace Accord signed international community drew There is no accurate data on the between the government and the attention to the protection and number of Nepali IDPs or those Communist Party of Nepal (Maoist) assistance needs of victims of forced who have fled to India to escape in November 2006 incorporated an displacement. Under pressure conflict and poverty. At the height article ensuring the “right to return” from the international community, of the conflict there were up to of every individual displaced as a the government grudgingly 200,000 IDPs. While the signing of result of the armed conflict but the 28 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10

IDP issue has, nevertheless, remained endorse the Directives, implement ■■ ensure cooperation between the on the periphery of the peace process. the IDP policy and build local- Ministry of Home Affairs and level government-civil society the MoPR to establish district- As a result of momentum following mechanisms to facilitate IDP return, level support mechanisms in the visit in 2005 of Walter Kälin, the reintegration and reconciliation. rural areas where the MoPR Representative of the UN Secretary- has no functional capacity General on the Human Rights of It is unfortunate that government Internally Displaced Persons, the efforts are mostly focused on ■■ coordinate with civil society government committed themselves to ‘return’ without any programmes and international organisations developing an IDP policy. This policy for community-level reconciliation. to identify genuine IDPs, assist – endorsed in April 2007 and known In the absence of directives, no them and initiate community- as the ‘National Policies on IDPs, 2007’ deregistration system is in place so level reconciliation mechanisms – defined an IDP as “a person who is the scale of IDP return cannot be living somewhere else in the country determined. Government assistance ■■ launch a nationwide advocacy after having been forced to flee or has focused on return to places campaign to ensure the leave one’s home or place of habitual of origin. effective return, rehabilitation residence due to armed conflict or and reintegration of IDPs situation of violence or gross violation The authorities need to: in their place of choice. of human rights or natural disaster or human-made disaster and situation ■■ speedily approve the Shiva K Dhungana (skdhungana@ or with an intention of avoiding Procedural Directives gmail.com) is a Kathmandu- the effects of such situations.” For ■■ provide relocation assistance to based researcher. the first time, the government thus those who cannot, or choose not to, 1. http://www.nhrcnepal.org/publication/doc/books/ incorporated the Principles into a return to former places of residence SP_2008-10.pdf local policy document. The new 2. http://www.irinnews.org/Report. policy shifts responsibility for IDP ■■ adopt a holistic approach aspx?ReportId=81302 issues to the Ministry of Peace and towards IDPs Reconstruction (MoPR) which has formulated Procedural Directives to actualise the new policy.

Unfortunately, the directives have still Guiding Principle 24 not been approved by the cabinet. The authorities are dragging their All humanitarian assistance shall be carried out in accordance with the principles of heels, oblivious to the potential threat humanity and impartiality and without discrimination. which unresolved IDP problems pose to the peace process. The National The criteria for eligibility to receive emergency aid can be highly politicised. Human Rights Commission has For example, IDPs in Colombia complain that to be considered eligible for aid formulated a strategic plan which as an IDP, it is easiest to claim to have been displaced by insurgent groups. calls for “establishment of the truth If they say they have been displaced by government security forces, the about disappearance, IDPs and authorities reply that “law enforcement does not cause displacement.” victims of conflict”.1 However, the Commission has failed to realise the Colombian IDPs also point to what they describe as incomplete aid (such as medical need to protect the rights of people consultations without medications or clinical tests) and uncoordinated aid (for displaced as a result of development example, land without provision for housing, or education without providing food and projects and natural disasters. The nutrition at schools). The overall result is that many IDPs remain in extreme need. size of this population may now exceed those of conflict-affected IDPs. Discrimination is given as another way in which access to emergency aid can be obstructed. Southern Sudanese IDPs in the north say that “Assistance was Government bureaucrats and the general public remain generally provided but for Muslims only and not for non-Muslims.” Others complain that ignorant both about the Principles and because they are “black people” they are denied aid. “We were settled in a desert the IDP policy. Local officials do not where there was no water or trees. As time passed, the government saw that give serious attention to IDP issues. we were suffering … and decided to let the NGOs provide us with small services, IRIN reports that displaced families like some water and food. But this was not enough to meet our needs.” feel increasingly neglected since the Maoist-led coalition government Elderly IDPs in particular feel discriminated against in access to aid. was formed in August 2008.2 In Nepal, most elderly persons say they received no special attention. 84% of the IDPs interviewed in India and more than 68% in Bangladesh UNHCR, the Norwegian Refugee also say that no special support is given to the elderly. Council and number of local NGOs organised events to celebrate the Interviews carried out by the Brookings-Bern Project on Internal Displacement. See 10th Anniversary of the launch of the Brookings-Bern Project report Listening to the Voices of the Displaced: Lesson Learned Principles. Civil society is lobbying at http://www.brookings.edu/reports/2008/09_internal_displacement_cohen.aspx at local level and in Kathmandu to FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 29 Returnees in Sierra Leone Claudena Skran

Over ten years of brutal civil war displaced approximately partners those international NGOs 4.5 million people, about half Sierra Leone’s population. it had worked with in Guinea. Returning refugees often had better After the conflict ended in 2001, UNHCR facilitated the language skills and knowledge of participation of both returnee refugees and returnee IDPs NGO operating procedures than in community-level reconstruction projects. former IDPs. Ideally, UNHCR should have tried to work more closely UNHCR’s response to the Sierra the highest rate of displacement. with Sierra Leonean humanitarian Leonean humanitarian crisis came UNHCR’s implementing partners, agencies which had previous at a time when the refugee agency primarily international NGOs, experience of working with IDPs. was expanding its services to provided technical skills and financial include IDPs. To complement their management. Decisions about the While UNHCR’s reintegration activities, and in the spirit of Guiding type of projects to be implemented programmes helped to meet the Principle 28, UNHCR launched major were made by villagers with input needs of some refugees and IDPs in programmes for both ex-refugee from traditional elders, women and Kailahun, the main shortcoming of and IDP returnees. Fifteen per cent youth. Each project cost no more UNHCR’s work with IDPs was its of UNHCR programme funds were than $5,000 and was supervised by a limitation to areas where there were allocated to Quick Impact Projects transparently selected management high numbers of officially repatriated (QIPs) to meet the immediate needs committee. Villagers contributed refugees. Former IDPs in other parts of returnees and those who had labour and materials for projects of the country, including the capital stayed behind. In 2003-05 about 2,000 which typically involved repair city, Freetown, received much less Community Empowerment Projects or construction of schools, village support from international donors (CEPs) were implemented in all courts, clinics, wells, latrines, rice and NGOs.2 Nevertheless, UNHCR’s areas of return in a range of sectors, mills and rice-drying floors. efforts to include refugees and IDPs including agriculture, health, water, in joint community projects show the sanitation and community services.1 CEPs provided both symbolic influence of the Guiding Principles and practical support to returning on a major humanitarian agency. communities. In Maloma village Principle 28 the reconstructed court building Claudena Skran (claudena.skran@ 1. Competent authorities have the has become the community focal lawrence.edu), Associate Professor primary duty and responsibility to point, actively used to host meetings, of Government at Lawrence establish conditions, as well as provide dispense justice and hold elections. University in Wisconsin, conducted the means, which allow internally research on refugees and IDPs displaced persons to return voluntarily, Integrating IDPs, refugees and stayees in Sierra Leone in 2005-06. in safety and with dignity, to their into the same programmes was often 1. Stefan Sperl and Machtelt De Vriese, ‘From emergency homes or places of habitual residence, challenging. The size of the return evacuation to community empowerment: Review of or to resettle voluntarily in another package offered to returning refugees the repatriation and reintegration programme in Sierra Leone’, UNHCR 2005. http://www.unhcr.org/publ/ part of the country. Such authorities proved a contentious issue. When RESEARCH/420b80384.pdf shall endeavour to facilitate the UNHCR and the government of 2. See: Claudia McGoldrick, ‘Sierra Leone: resettlement doesn’t always end displacement’, FMR17, May 2003. reintegration of returned or resettled Sierra Leone agreed on equality for all http://www.fmreview.org/FMRpdfs/FMR17/fmr17.13.pdf internally displaced persons. those in need, UNHCR had to reduce

the amount of rations normally Two community 2. Special efforts should be made given to returning refugees. elders in a remote to ensure the full participation of village in Peje West Chiefdom, western internally displaced persons in Refugees and IDPs Kailahun District, the planning and management returned to their Sierra Leone. of their return or resettlement villages with different and reintegration. experiences and skills. Many of those who had been in refugee CEPs were small-scale, community- camps in Guinea had managed interventions which benefited from education involved – without discrimination programmes and had – returning refugees, IDPs and those higher levels of literacy who had never moved. Nearly half than those who had stayed of all CEPS were implemented in behind. UNHCR Kailahun, the far eastern district tended to where the war originally started choose as and whose population suffered implementing Claudena Skran 30 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10 Guiding Principle 27 and Philippine typhoon response Sara McHattie

Oxfam GB’s response to the devastation and displacement camps were not primarily due to ill caused by Typhoon Durian included advocacy with will but to lack of awareness and resources, and so the programme Philippine state, NGO, community and private sector aimed to raise awareness of Sphere actors to raise awareness of Principle 27 – obliging Minimum Standards1 and the Guiding providers of humanitarian assistance to “give due regard Principles. We hoped that improved to the protection needs and human rights” of IDPs. understanding of principles of humanitarian response would both On 30 November 2006 Typhoon displaced people to allow education raise the standards of the current Residents Durian affected over 2.5 million to resume, the government decided to response and enable local actors to of Amore resettlement people in 13 provinces of the island of build ‘transitional sites’ for IDPs and better respond to future crises in the site (a Luzon. In Albay province the heavy families that were to be relocated. highly disaster-prone Bicol region. transitional rain loosened volcanic ash from housing project) near Mount. Mayon, which cascaded into The two initial transitional sites Oxfam partnered with RedR Legazpi city. densely populated communities in were grossly sub-standard. It was India for Sphere training, the clear that government Balay Rehabilitation Centre for authorities had no Guiding Principles training and an awareness of minimum Albay-based NGO, Social Action standards of assistance Centre (SAC). The government/ or of the obligations to, NGO coordination mechanism, and rights of, displaced called Ayuda Albay, was a key communities. Sites lacked facilitator of this process.

IRIN/Manoocher Deghati adequate shelter, water supplies, sanitation An initial Sphere training in Legazpi facilities, health services, for local government officials, UN, livelihood opportunities NGOs, private sector and community and food and non-food leaders was followed by one in Manila distributions. Residents for federal government officials, including senior officials from the National Disaster Coordinating Council and the Department of Social Welfare and Development (DSWD), key private and around the provincial sector contributors to capital, Legazpi. humanitarian responses, NGOs and the UN. The Provincial Disaster Coordinating Council The impact of the training (PDCC) reported that was a rapid shift towards Mt Mayon 541 people were killed increasingly coordinated volcano, near and over 164,180 homes and objective-oriented Legazpi city. partially or completely IRIN/Manoocher Deghati provision of assistance. destroyed. The The government and government judged that in view of could not live without risk of NGOs were given a tangible goal to the risk of further landslides it would disease, let alone live in dignity. aim for – such as one toilet per 20 have to relocate 11,000 families, There were disturbing reports of people – and a framework against some 55,000 people, from the slopes discrimination and abrupt relocations. which to measure activities and of the volcano. Most of these had identify gaps. Communities became lost their homes and were living in Oxfam GB responded by introducing more confident in expressing and schools and churches being used as a humanitarian standards component articulating their needs. Sphere emergency evacuation centres that into its emergency programme, principles have been integrated into were not equipped to support the targeting key figures in the the work of the PDCC and the DSWD. number of people in need; some government, NGOs, private sector classrooms housed up to 150 people. and communities. Oxfam assessed Guiding Principle training in As schools needed to be cleared of that the conditions in the transitional Legazpi involved enabling FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 31

government, NGOs, the private ■■ established regulations Government authorities have sector and community leaders to within evacuation centres acknowledged that without the understand the basic concepts of training and the improvements in the Principles and the national ■■ changed government policies – standards of response they would responsibility framework: ensuring that vulnerable people have been faced with significant living outside evacuation centres unrest amongst evacuees. A key ■■ identifying protection issues are also eligible for assistance contributor to the success of this related to return, resettlement project was the eventual commitment and reintegration ■■ assisted with assessments, and buy-in of the government. targeting, encouragement ■■ developing an action plan to of volunteerism and Training community leaders has address IDP issues in Albay distribution of assistance given them the tools to articulate their needs and to use an internationally ■■ distributing copies of the Principles ■■ launched a grass-roots IDP recognised framework to hold state in Tagalog, the national language, advocacy newsletter to and non-state actors to account. and the local language, Bicolano promote flow of information Whether displaced by violence, development or natural disaster, ■■ convening whole-community ■■ worked with government communities are protected both orientation sessions on the officials to organise a General by international law and national Principles and IDPs’ rights. Assembly for all IDPs, establishing obligations. The Typhoon Durian a common focal point for response has demonstrated that a key Partnership with SAC Legazpi led liaison with Ayuda Albay. factor contributing to the application IDPs to organise themselves into 300 of these laws and principles is that Core Groups to represent those living Impact of raising awareness government, NGOs and communities in evacuation centres, transitional When the project was first discussed, must be aware of their obligations sites and within the ‘unsafe’ zone. the government was apprehensive, and rights. This can create a dialogue Forty per cent of them have continued fearing that providing communities that is ultimately beneficial for all. to function following closure of with information about Sphere and the project. Core Groups have: the Principles would incite them Sara McHattie was Oxfam GB’s to make unmeetable demands at Programme Manager for the Typhoon ■■ improved distribution a sensitive time in the Philippine Durian Emergency Response. For of goods/services and electoral cycle. Oxfam built more information, please email ensured they are based on confidence by underscoring that [email protected] While the community-identified need community participation, regular flow European Commission supported of information and dialogue would components of the project, the ■■ improved information flow lead to a more effective response views expressed here should not by establishing direct lines and allow all those concerned be regarded as reflecting those of communication with space for discussion, compromise of the European Community.

government officials and NGOs and mutual understanding. 1. http://www.sphereproject.org Internal displacement in the Central African Republic Laura Perez

In the Central African Republic (CAR), where most communities, and only those who displaced people are unaware of their rights, the Norwegian are living in relatively accessible areas have received assistance from Refugee Council (NRC) is seeking to promote wider international relief organisations. awareness of, and respect for, the Guiding Principles. In response to the displacement crisis Since 2005, 197,000 people have rebel groups have signed ceasefire in CAR, NRC has been working in been internally displaced due agreements and a peace process emergency education in the northern to armed conflict between the is underway, the security of most province of Ouham since April 2007. government of François Bozizé and people in northern CAR has hardly Home to about 12% of the country’s various rebel groups, and because improved because banditry has IDPs, Ouham is one of CAR’s most of attacks by bandits known as replaced political conflict as the conflict-affected regions. NRC’s coupeurs de route who take advantage main source of violence. Displaced project supports approximately of the government’s inability to people in CAR have depended 14,200 children in 57 primary schools guarantee security. Although all almost entirely on help from host through teacher training, provision 32 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10

of school materials, school feeding areas in the north of the country to research and report on the programmes, training of parent- bordering Chad and Cameroon. protection and assistance needs teacher associations and building of internally displaced children. capacity of the education ministry. The Principles were prominent in a IDMC found that displaced children September 2008 training session for face severe protection problems NRC also undertakes protection the Mission de consolidation de la from violence and insecurity. and advocacy by reporting on the paix en Centrafrique (MICOPAX)1 – situation of IDPs in the villages a regional peacekeeping force with Unlike other children, displaced where it works and supporting joint about 300 troops from Gabon, Chad, children have suffered trauma initiatives such as a nationwide IDP Congo and Cameroon. Over 30 after witnessing extreme levels advocacy campaign. The continuous officers and troops from the Chadian of violence such as the killing presence of NRC and other contingent were trained in the of family members when their humanitarian organisations in areas Principles and on child protection in villages were attacked by road of displacement helps deter would-be emergencies. The training sessions bandits. During these attacks, aggressors (protection by presence). are an integral part of the troops’ some displaced children, including preparation for field operations. girls, have been abducted to work Using the Guiding Principles as porters of stolen property or NRC has conducted protection In 2007, UNHCR translated the kidnapped for ransom. Many training workshops on the Guiding Guiding Principles into Sango, the others have been recruited into Principles for local authorities, national language, and illustrated armed forces or groups. the army and the police, to some of the principles in order to support security sector reform.The make them as accessible as possible The nutrition, water and sanitation, government has neither adopted the to non-literate communities. The health and shelter needs of CAR’s Principles as a policy framework Sango version of the Guiding displaced children remain largely nor incorporated them into national Principles has been distributed unmet. Many are in urgent need law. However, UN agencies and to government ministries, local of adequate shelter, having been international NGOs use them human rights NGOs and civil forced to sleep outdoors during regularly to promote the rights of society organisations. They now the rainy season, exposed to higher IDPs. They are a standard component need to be distributed more widely risks of contracting malaria or upper of protection workshops, and have to displaced communities to raise respiratory infections. Displaced been used to train humanitarian their awareness about their rights. children face economic exploitation observers, local authorities, as they are forced to work in fields government forces, international The plight of displaced belonging to host communities peacekeeping troops and rebel children in exchange for food or meagre groups such as the Popular Army for NRC’s Internal Displacement pay. These children’s education is the Restoration of the Republic and Monitoring Centre (IDMC) visited being interrupted and their long- Democracy (APRD) which controls CAR in July and August 2008 term development jeopardised.

These IDPs have lived in this temporary site since February 2006 after fleeing an attack by governmental forces on their village in Boutouli,

3 km away. UNHCR/Helene Caux CAR. FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 33

Displaced children from minority which entered into force in June NRC therefore recommends that groups such as the Peuhl face ethnic 2008. The Pact’s Protocol on the government of CAR adopt discrimination, not least because Protection and Assistance to IDPs and implement the Principles as a many host communities, and even commits member states not only framework for providing protection other IDPs, have the mistaken to enact national legislation to and assistance to IDPs, and prepare perception that all Peuhl are road implement the Guiding Principles and enact national legislation to bandits. Due to the destruction into domestic law but also to implement the Principles fully, of their migration routes and loss create a practical implementation including specific provisions for of their animals from violence framework. States have different the protection and assistance of and armed conflict, many Peuhl ways of introducing international internally displaced children. communities have been forced to law into their national legal systems. settle among subsistence farmers Under CAR’s constitution, the Laura Perez (laura.perez@nrc. and are struggling to adapt to a provisions of any international ch) is CAR Country Analyst new way of life. The protection instrument ratified by CAR become for the Internal Displacement needs of displaced children have binding and have precedence Monitoring Centre (http://www. not been adequately addressed by over national laws.3 One gap that internal-displacement.org). the Government of CAR nor by the remains, however, is the lack of a 1. http://www.operationspaix.net/-MICOPAX- international community in general. specific legal framework to protect 2. http://www.internal-displacement. IDPs in general and displaced org/8025708F004BE3B1/(httpInfoFiles)/60ECE277A8E Legal framework for response DA2DDC12572FB002BBDA7/$file/Great%20Lakes%20 children in particular. The current pact_en.pdf CAR has ratified the Pact on laws do not provide a sufficiently 3. Article 72, Constitution of the Central African Security, Stability and Development detailed basis for addressing and Republic, 2004. in Africa’s Great Lakes Region,2 responding to the needs of IDPs. UNHCR and the Guiding Principles Khassim Diagne and Hannah Entwisle

UNHCR today works with governments and other tool for UNHCR, governments humanitarian actors in 28 countries to protect nearly and IDPs themselves. 14 million IDPs. In the Democratic Republic of the UNHCR has worked to protect and edition of the inter-agency Handbook Congo, UNHCR has emphasised the assist IDPs since the mid 1970s. for the Protection of Internally Displaced particular importance of education Initially, the UN system divided Persons,2 issued in December 2007, about the Principles when working responsibility for protecting and proposes several protection activities with survivors of sexual and gender- assisting IDPs on an ad hoc basis. supported by the Principles, including based violence, thus supporting In 2003, it sought to improve its strategic development, protection them to assert their rights for response through an inter-agency monitoring, and assessing IDPs’ compensation and justice. In the ‘collaborative approach’, which enjoyment of rights. The Handbook Central African Republic, Timor- allocated responsibilities informally. also shows how the Principles Leste and Sudan, UNHCR operations In 2005, this approach was refined can help foster an inter-agency have stressed the importance of the in an effort to increase predictability understanding of what protection Principles as a tool to explain to and accountability, particularly in means in an operational context. national and local authorities their responding to internal displacement. responsibilities towards IDPs. Agencies were assigned leadership The Principles have played a responsibilities under the ‘cluster significant role in shaping UNHCR’s Elements from the Principles approach’. UNHCR formally operational responses for IDPs. Their have also been incorporated into assumed leadership responsibilities use in programming and advocacy national and state level frameworks. for three clusters: protection, has arguably helped bolster their One example, deriving directly camp coordination and camp credibility and influence as a relevant from Principle 6 on protection management, and emergency shelter. international legal instrument. This from arbitrary displacement, is article highlights examples of this the Khartoum State Principles on UNHCR views the Guiding Principles symbiotic relationship between Relocation, signed by the state as more than a simple compilation UNHCR and the Principles and authorities and the UN in April and restatement of legal rules. how this has generated concrete 2007.3 UNHCR offices have likewise UNHCR’s 2007 IDP Policy Framework benefits to IDPs over the past decade. supported efforts to incorporate the and Implementation Strategy1 As the international humanitarian Principles into regional documents affirms their relevance, stating that and legal environment evolves to and legal instruments, such as the they will be incorporated into the recognise the persuasiveness of the draft African Union Convention Office’s protection and human rights Principles, they are increasingly for the Protection and Assistance of activities for IDPs. The provisional becoming an operational protection Internally Displaced Persons in Africa. 34 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10

Colombia Colombia’s extensive legal framework upholding the rights of IDPs is an oft-cited example of the incorporation of the Principles into domestic law. Colombia’s primary displacement legislation (Law No. 387 of 1997) was enacted before the adoption of the Principles but the Colombian authorities referred to the preparatory work done by former Representative of the Secretary-General on Internal Displacement, Francis Deng, when developing the country’s normative framework. In 2001, the Constitutional Court decided to incorporate the Principles into the ‘Constitutional Block’, thereby making the Principles binding in national law. As a result, a wide range of public policies now reflect the Principles as a fundamental basis for the institutional response to internal displacement.

There is, however, a considerable gap between Colombia’s comprehensive legal framework and its implementation at national and departmental levels. The Constitutional Court sought to address this discrepancy in May 2004 within the National Commission which incorporates elements of Children attend with a landmark judgment (T-025), of Reparation and Reconciliation, the Principles. Even though the a UNHCR- funded primary within which several orders were which has been tasked with creating right to freedom of movement school in the issued requesting the government a national reparations plan. and the ability to choose one’s permanent to fulfil its responsibilities as residence may be acknowledged, relocation 4 village of regards the displacement crisis. Serbia and Kosovo financial and political constraints Tharanikulum, Nine years after the end of the conflict have meant that UNMIK and the in Vavuniya, UNHCR’s programmes in Colombia in Kosovo, the situation of the 206,000 Serbian authorities have struggled Sri Lanka. illustrate the impact the Principles IDPs in Serbia remains delicate. There to fully apply these principles. The can have in societies where there is no institutional responsibility Principles provided the framework is a solid legal infrastructure to for their protection and UNHCR for the ‘Analysis of the Situation assimilate them. When discussing the statistics show that only 18,060 of Internally Displaced Persons role of humanitarian assistance with members of minority communities from Kosovo in Serbia: Law and government authorities, UNHCR have returned to Kosovo since Practice’, one of the main advocacy relies on the Principles to explain 1999. Sustainable returns have been and programming tools used by the necessity for impartiality and hindered by security constraints, lack UN agencies and NGOs in Serbia.6 neutrality and the non-discriminatory of political will, complicated return nature of humanitarian action. procedures, restrictions on freedom Sri Lanka National NGOs and associations of movement, destruction of property, The Principles form the basis of all working on displacement issues have an ineffective property restitution UNHCR awareness raising, training played a key role in disseminating system and limited access to services. activities, protection monitoring and and applying the Principles. IDP advocacy in Sri Lanka, including advocates rely on them when calling Ensuring the informed, voluntary and with IDPs and host communities. for IDPs’ rights to be enforced dignified return of IDPs is an ongoing Education programmes have made and refer to them in reports to the challenge in Serbia. UNHCR has non-displaced children more aware Colombian Constitutional Court. A conducted various cross-boundary of the challenges facing IDP children. recently signed agreement between activities over the years to inform The Principles have also been used the Ministry of Agriculture and IDPs about conditions in their to advocate for more active inclusion UNHCR gives IDPs the possibility place of origin and developments of IDP pupils in school life. In one of protecting abandoned lands and in Kosovo. It has also provided free situation, this even prompted a class benefiting from new initiatives legal assistance and advice on how to request a student exchange trip to restore their property rights. to pursue property restitution. The so they could better understand the The Principles are also routinely UN Mission in Kosovo (UNMIK)5 living conditions of displaced peers. used by the group of experts has also released a Manual on Returns The Principles are used on a day-to- FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 35

security situation as a result of the ceasefire with the Lord’s Resistance Army meant the government has now lifted all restrictions on freedom of movement in camps and return areas, paving the way for IDPs to voluntarily return or locally integrate. The next decade and beyond This article has given some concrete examples illustrating how UNHCR’s use of the Principles in its day-to- day operations contributes not only to improved IDP protection but also to strengthening the Principles as a legal, advocacy and planning tool. The success of the Principles is a testament to the international efforts of NGOs, the UN, governments and IDPs alike.

While the Principles have made a significant impact, further guidance is needed to determine when internal displacement can be said to have ended, to address protracted displacement situations, and to ensure IDPs are adequately included in peacebuilding activities. Other challenges include the need to

UNHCR/R.Chalasani improve protection and assistance activities – and find solutions – in day basis to help deal with concerns Ugandan government in 2004. The urban environments where it can be arising from protection monitoring. Policy commits the government very difficult to distinguish displaced In another case, UNHCR staff met to protecting its citizens against populations. Further reflection is with school principals when it was arbitrary displacement, guarantees also required on forced displacement discovered IDP children were being their rights during displacement due to climate change, and whether denied entry into schools because and promotes voluntary durable this can be adequately addressed of overcrowding. Working with solutions. The National IDP Policy within the current legal frameworks the principal, local government provides UNHCR with a strong and operational institutions, or and the IDP community, additional basis upon which to build its whether new legal frameworks or teachers and resources were found to programmes to strengthen protection institutions may be required. In the accommodate the displaced children. monitoring, develop government years to come, UNHCR will continue and civil society capacity, facilitate to work towards building acceptance The Principles have influenced the achievement of durable solutions, of the rights-based approach to national peacebuilding efforts, and support camp phase-out and internal displacement contained including a tool developed by closure processes. UNHCR uses the within the Guiding Principles. UNHCR (Confidence Building Principles alongside the National and Stabilisation Measures for IDP Policy in all training activities, Khassim Diagne ([email protected]) is IDPs in the North and East7) and including with the police. Principle 14 a Senior Policy Advisor with UNHCR approved by the Inter-Ministerial on the right to freedom of movement (www.unhcr.org). Hannah Entwisle Committee on Human Rights gained particular significance in ([email protected]) was an IDP Policy in October 2006. It promotes co- 2006 when the protection cluster Officer with UNHCR until December existence and peacebuilding activities identified government restrictions 2008 and is now a Policy Officer with between communities and among on IDPs moving in and out of OCHA’s Food Policy Support Team.

communities, civil administration, camps as a key protection concern. 1. http://www.humanitarianreform.org/ armed forces and law enforcement A large-scale freedom of movement humanitarianreform/Portals/1/H%20Coordinators/ HC%20retreat/Day%202/HCRIDPpolicyframework.pdf agencies. It highlights the need advocacy campaign targeted the 2. See Sources and Resources on p40. to restore essential infrastructure national government, local authorities 3. http://www.unhcr.org/cgi-bin/texis/vtx/home/opendoc. and services in return areas and and the army. Cluster members pdf?tbl=SUBSITES&id=47fb81ee2 frames UNHCR’s protection work. brought international attention to the 4. See Rothing and Romero, ‘Measuring the enjoyment of rights in Colombia’, FMR30 http://www.fmreview.org/ devastating protection problems for FMRpdfs/FMR30/64-65.pdf Northern Uganda IDPs resulting from confinement in 5. http://www.unmikonline.org/ The Principles constitute the camps, including restricting IDPs from 6. http://www.unhcr.org/refworld/pdfid/42120e554.pdf key reference for the National pursuing livelihood opportunities. 7. http://www.unhcr.org/publ/PROTECTION/482af5132. Policy for IDPs adopted by the This campaign and the improved pdf 36 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10 Training to strengthen protection of IDP rights Kim Mancini Beck

The earliest post-launch training activities around the Principles on displacement. Brookings-Bern aimed mainly to raise awareness and generate acceptance works with academic and civil society partners to organise courses in South from government, NGO, UN and international actors. In Asia and East Africa and liaises closely recent years, training has moved beyond awareness raising with national human rights institutions to applying the Principles and setting global standards. to support their engagement with IDPs. The NRC’s Internal Displacement The tenth anniversary of the The inter-agency Protection Capacity Monitoring Centre (IDMC) provides Principles offers an opportunity Standby Project (ProCap), hosted by support to field-based UN agencies and to review training progress. The the UN Office for the Coordination international NGOs to train national Humanitarian Response Review of Humanitarian Affairs (OCHA), and local partners. Its programme (HRR) which led to the imple- supports UN field offices through includes a three-day protection mentation of the cluster approach deployment of senior protection workshop that covers all aspects of in December 20051 provided a officers and a training programme for internal displacement. NRC field offices catalyst for humanitarian agencies mid-level NGO standby protection have also developed a drama-based to reinforce and reorient training experts. ProCap’s six-day residential methodology to empower IDPs about programmes, ensuring the training course on protection in their rights and to identify courses of incorporation of the Principles into emergencies addresses protection action for change. The International training interventions. The cluster broadly but also provides a specific Organization for Migration (IOM) approach has also contributed focus on internal displacement and runs a course for policymakers on the significantly to inter-agency inter-agency coordination. During the political rights of the displaced and development of tools2 and the course, participants are called on to to has incorporated IDP issues into an global protection cluster has played take institutional mandates out of the international migration law course for a pivotal role in developing and equation when analysing protection mid/senior-level government officials. disseminating tools that focus risks and needs, and then to assume on IDP protection. Other cluster different ‘agency hats’ in a simulated Many organisations have mainly training resources focused on emergency protection response. focused on strengthening their mainstreaming internal displace- training activities for their own ment considerations into areas such The Action for the Rights of Children staff and operational partners. For as gender-based violence, camp (ARC) initiative4 produced a training example, OCHA’s Displacement management and early recovery. package on child protection in and Protection Support Section emergencies which includes briefing (DPSS) provides training in needs Some inter-agency initiatives that notes, participatory training materials, assessments, strategy development, preceded the HRR illustrate the case studies, training aids and a operational responses and coordination value of inter-agency cooperation facilitator’s guide. Revised materials at the global and field levels for the on training to establish common expected in 2009 will incorporate staff of OCHA and members of the standards and field guidance tools, considerations specific to complex Inter-Agency Standing Committee and were later reinforced by the emergencies, displacement and disaster (IASC). UNHCR has incorporated cluster approach. For example, the situations. This tool focuses on the IDP components into staff learning Camp Management Project (CMP) was potential consequences of displacement programmes and is developing initiated in Sierra Leone in late 2002 on the rights of children in terms of programmes for staff induction and to improve the quality of assistance critical issues such as separation of for senior managers on IDP protection. and protection in the country’s IDP families, risk of abuse, recruitment OHCHR has incorporated IDP-specific camps and resulted in the publication into armed forces and child labour. considerations into its basic training of a toolkit in 2004 (updated in 2008)3 for field human rights officers and a followed by the development by the In addition to formal inter-agency specialised course on strategies and Norwegian Refugee Council (NRC) initiatives, some providers strongly skills for human rights monitoring. of training materials, a training of focus on training national and local UNICEF has incorporated IDP trainers (ToT) course and an inter- actors. The UN Secretary-General’s issues into a policy and its training agency roster of trainers. After the Representative – supported by OHCHR programmes on child protection. Camp Coordination and Camp and the Brookings-Bern Project on The World Food Programme (WFP) Management (CCCM) cluster was Internal Displacement – runs an has developed policy, field guidance established, it assumed leadership in annual five-day residential course and a training programme for staff this field and developed standards, and regional training workshops on and partners to roll out its new tools and guidelines, including three issues such as peacebuilding, natural approach to mainstreaming protection comprehensive training packages. disasters and national laws and policies into food assistance interventions. FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 37

Protection reviews carried out by ways. Many more synergies could and protection needs of other affected the Danish Refugee Council (DRC) be explored with a view to making populations such as the non-displaced have led them to incorporate IDP- effective transitions from humanitarian victims of war and natural disasters. specific considerations into training response to development. Many organisations are also struggling activities and to develop an IDP with how to assist less visible urban Profiling Toolbox5 based on their National and local authorities, IDPs and to support host families field experience in Somalia. human rights agencies, faith-based and communities sharing meagre and other civil society organisations, resources with IDPs. Also, no UN ICRC’s training approach remains and IDP communities are active in agency has a designated lead role closely tied to its mandate to protect using the Principles in dissemination in situations of natural disaster as all victims of armed conflict, with IDPs and training activities. UNHCR’s the cluster approach merely sets out seen as part of a broader spectrum of 2007 evaluations have highlighted that UNICEF, OHCHR and UNHCR people who have suffered violations the need for additional guidance should be consulted to determine who of international humanitarian law. on how to better engage with will take a lead role when a natural Since the HRR, the ICRC has focused national stakeholders in order to or human-made disaster occurs. staff training on increasing their enhance national protection capacity. understanding of the reforms and Many international organisations Kim Mancini Beck (kim.mancini@ the cluster approach. It has also have had successful results from nrc.ch) is a Senior Training Officer engaged in increased dialogue with capacity-strengthening activities with the Norwegian Refugee partners to articulate the ICRC’s in IDP operations and in contexts Council’s Internal Displacement approach to IDP protection to provide such as human rights, asylum and Monitoring Centre (http://www. a broader frame within which to rule of law but the capacity and internal-displacement.org). The author address internal displacement.6 resources dedicated to documenting wishes to thank representatives of and sharing good practices vary. In the American Refugee Committee, Time to take stock order to progress further towards the Brooking-Bern Project, DRC, These new resource materials a consistently effective response to ICRC, IOM, NRC, Terre des Hommes, reflect progress towards a better internal displacement, the challenge World Vision Australia, OCHA, understanding of respective mandates of evaluating field training and Oxfam GB, UNFPA, UNHCR, and approaches, increased exchanges capacity-strengthening activities UNICEF and WFP for sharing of experiences and inter-agency conducted by a wide range of actors information, experience and analysis. delivery of field training in the field. should be taken up at the inter- 1. For further information on the cluster approach, see The cluster approach has, however, agency level and supported by FMR29: http://www.fmreview.org/humanitarianreform. only been activated in a small number donors. Without a comprehensive htm 2. Many of these tools are described in other articles in of countries affected by internal review, it will be difficult to remedy this issue of FMR. Please refer also to the listing of displacement. Much remains to be the recurrent weakness identified resources on p40. done before common standards and by UNHCR in terms of reinforcing 3. http://www.nrc.no/camp/ the cluster approach are consistently state responsibilities to protect 4. http://www.savethechildren.net/arc/ See also the self- study CD-Rom entitled ‘Introduction to child protection understood and implemented by and civil society organisations’ in emergencies’. all stakeholders in the field. capacity to contribute to enhancing 5. http://www.internal-displacement.

org/8025708F004CFA06/(httpKeyDocumentsByCategory)/IRIN national protection capacity. B3898C325EEBCF24C12574CE00317D2D/$file/DRC%20 A 2007 UNHCR analysis of evaluations -%20IDP%20Profiling%20Toolbox_final%20April%20 in five cluster IDP operations7 indicates More inter-agency debate is needed 2008.pdf 6. See article by Cordula Droege on pp8-9. where international organisations to resolve misunderstandings and 7. ‘Real-time evaluations of UNHCR’s involvement in stand in terms of progress towards concerns that the IDP category may operations for internally displaced persons and the cluster more effective delivery of protection have obscured attention to the rights approach: analysis of findings’, 2007.http://www.unhcr. org/refworld/docid/470394f12.html and assistance to IDPs. The evaluations highlighted gaps in knowledge and skills, indicating the need for increased training to address lack of engagement Rights in practice by important stakeholders, including A couple of years ago I was in eastern Democratic Republic of Congo to attend training some host governments, many sessions in the application of the Guiding Principles run by the Norwegian Refugee national NGOs and even some UN Council. We held workshops in the field with various armed groups, police, village chiefs, field staff. These common challenges religious leaders and ordinary people from the IDP and host communities. The very notion faced by international organisations of rights was foreign to many of them and the training led to some surprising results. can best be addressed by more cross- fertilisation between ‘protection’ and One IDP returnee told me what had happened to his fishpond, which provided his main ‘assistance’ organisations to ensure source of income as well as food for his family. The village chief had taken it for himself, consistent understanding and delivery claiming this was in accordance with the chief’s status, needs and local customs. They of training on the human rights of had both attended the Guiding Principles training course so the villager reminded the IDPs. In both the protection and early chief about the workshop and the debates held there. He claimed that the chief had recovery clusters, common issues violated his rights by taking the fishpond for himself – and that he should return it such as child protection, gender- to him. The chief admitted he was in the wrong and duly returned the fishpond to its based violence, housing, land and rightful owner. property rights, and rule of law and Pål Nesse, Head of Advocacy Section, Norwegian Refugee Council justice are addressed in different 38 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10 The future of the Guiding Principles Walter Kälin

Although it is hard to take an objective view on an enterprise of legal uncertainty resulting from in which you have been closely involved, it is fair to drawn-out negotiations. We stressed that the Principles were not creating say that over the last ten years the Guiding Principles new law but restating obligations have demonstrated their utility and impact but also that already existed under human their limitations. rights and international humanitarian law binding upon states. We were In Burma, they have been used to obstacles to their adoption and concerned that negotiating a text raise awareness about displacement implementation described in the that draws as heavily from existing and mobilise humanitarian assistance preceding articles would be overcome law as do the Principles might have but have offered little diplomatic or by having a binding UN Convention allowed some states to renegotiate political leverage to influence the on the human rights of IDPs. Francis and weaken existing treaty and national authorities. During elections Deng, my predecessor, deliberately customary law. Having a treaty in Bosnia and Herzegovina and submitted the Principles as an expert approved would by no means have in Kosovo, the Principles focused text rather than a draft convention. guaranteed its widespread ratification attention on IDPs’ political rights by governments. Finally, we felt but across the world IDP political As the article by Deng and Roberta that to draft a treaty that combines participation remains inconsistent. Cohen3 explains, there were several human rights and humanitarian law They have helped inspire the peace convincing reasons for this decision. was probably premature. In legal, process in Nepal but the country Treaty making in the area of human institutional and political terms, the still lacks an effective IDP strategy. rights had become difficult and time- distinction between human rights They have informed the ongoing consuming. Deng felt that something applicable mainly in peacetime and process of drafting the African more immediate was required to humanitarian law for times of armed IDP camp, Union Convention for the Prevention respond to the needs of the growing conflict still was so fundamental that Hal Hajid, Chad. of Internal Displacement and the numbers of IDPs worldwide, and it was likely that many states and February Protection of and Assistance to he wanted to avoid a long period organisations would strongly oppose 2008. Internally Displaced Persons in Africa but – assuming it is approved by the African Union at a special summit1 – its effectiveness will depend on the degree of compliance and monitoring. The Principles were issued to Georgian civil servants designated to provide assistance to those displaced by the recent conflict but the response of the government to Georgia’s latest displacement crisis has been criticised. They form the basis for Uganda’s National Policy for Internally Displaced Persons but there is still a very significant implementation gap.

As the article by Elizabeth Ferris2 explains, it is not easy to assess accurately the impact of the Principles. However, the examples that have been provided in this Special Issue, in particular those by field practitioners working with the Principles, have helped me to better understand their potential and limitations.

What can be done to further increase the impact of the Principles? Some have suggested that the sorts of Thierry Gassmann FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 39

any attempt to combine both areas IDPs cannot participate in elections on the lives of IDPs. While the of law in a single UN convention. because there are no provisions for guidance in the manual will need to absentee voting. In northern Uganda, be applied in accordance with the Still an internal affair? funding mechanisms provide domestic legal order and national These reasons still stand today. districts with resources earmarked drafting traditions, it should provide Negotiations on the 2005 World for development, not humanitarian specific guidance on approaches Summit Outcome document4 activities; at the end of the year, to structure responses to internal showed that while the Principles funds which could have alleviated displacement that comply with were welcomed by all governments, IDPs’ problems have been returned relevant international law principles.5 many governments were still not unspent to Kampala as conflict has ready explicitly to recognise their prevented development activities. The law of internal displacement binding character. The idea that Frequently IDPs cannot regain can only grow if states, international internal displacement is essentially their property because they lack organisations and other actors an ‘internal affair’ remains strong in documents proving their ownership. continue to insist that specific many parts of the world. Consensus Sometimes, people displaced for guarantees exist for the internally between states and their sovereign long periods cannot recover their displaced. Even if some of these governments is the very foundation property even if return becomes claims will be rejected, others, as of international law. I believe it still possible because of statutes to the the history of the Principles show, makes sense to continue to build effect that those who have abandoned will be accepted. I hope that this consensus from the ‘bottom up’. property for a stipulated period have growing body of law will continue lost their rights. This can allow those to take the direction indicated in Such an approach hinges on who arbitrarily displaced people by the Guiding Principles and become convincing states affected by internal force to become rightful owners. an even stronger tool to protect the displacement to incorporate the millions of IDPs around the world. Principles into domestic law and to It is obvious that in such situations encourage regional organisations to the headmaster of a local school, Walter Kälin ([email protected]) develop locally applicable normative the national electoral commission is the Representative of the UN frameworks. This approach has or other authorities will stick to the Secretary-General on the Human worked with some success but laws immediately regulating their Rights of Internally Displaced we must develop new strategies, work and not apply the Principles, Persons. For information about especially how to better incorporate even if they know them. In short, his mandate and mission reports the rights of IDPs restated by the existing domestic laws on internal see: http://www2.ohchr.org/ Principles into domestic law. Too displacement have not always english/issues/idp/index.htm often, they are incorporated simply succeeded in clarifying how the 1. http://www.unhcrrlo.org/Conference_Special_ through a general reference to rather abstract general principles Events/2008AUSpecialSummit.html the Principles in a law or policy of international law articulated 2. See p10. document. This may be because by the Principles should be 3. See p4. of an insufficient understanding translated into concrete actions. 4. http://www.un.org/summit2005 of the complexities of the task but 5. Protecting Internally Displaced Persons: A Manual for Law and Policymakers, Brookings-Bern Project on Internal in some cases indicates lack of Manual for Law and Displacement, October 2008. Available to download at sufficient political will to properly Policymakers http://www.brookings.edu/papers/2008/1016_internal_ displacement.aspx or email brookings-bern@brookings. address the plight of IDPs. The next step is to bring the Principles edu to request a copy. into line with relevant domestic My missions and visits to countries laws. My mandate, together with the affected by internal displacement Brookings-Bern Project on Internal “We have rights” have shown that, even where the Displacement, has developed a political will to help IDPs does exist, manual for law and policy makers In Colombia, I met a dozen or more applicable legislation often fails to which identifies obstacles and key men and women in ragged clothes take into account their specific needs principles that must be enshrined at who had walked for hours through the and thus may create insurmountable the domestic level. The central aim jungle to meet me in a dilapidated obstacles for enjoyment of the rights of the manual is to provide advice school-house on the Pacific coast. guaranteed to them. In Nepal, for on how to shape laws and policies They spoke about how they had fled example, the right to education of addressing the protection and the ongoing violence, had left behind displaced children is affected by their assistance needs of IDPs in a way that everything, and were now struggling inability to produce ‘transfer papers’ ensures full protection of their rights to survive. And then one man added: issued by the headmaster of their in accordance with the Principles. “Amidst all this suffering, we know one former school, thus barring them The manual is targeted at national thing for sure. We have rights and they from enrolment in a new school. In policymakers, competent ministries, cannot take them from us even if they Côte d’Ivoire, most displaced children legislators and civil society groups violate them. The Guiding Principles lack the birth certificate needed to concerned with internal displacement. on Internal Displacement are our access schools – either never having We hope the manual will be of rights. They clearly say that we have had one, having left it behind during direct and concrete assistance in the right to safety, the right to food and flight or having had it confiscated crafting laws and policies that will, to health, and the right to return to – but there are no mechanisms for wherever possible, prevent internal our homes; and this gives us hope.” replacing documents. Commonly, displacement and mitigate its effects Sources and resources Guiding Principles on Internal Displacement: full text in many languages online at http://www.brookings.edu/projects/idp/gp_page.aspx

Legal framework and national responsibility Guidance on Profiling Internally Displaced Persons, Internal Displacement Monitoring Centre, UN Office for the Coordination Guiding Principles on Internal Displacement: Annotations, of Humanitarian Affairs, April 2008: American Society of International Law, Brookings/Bern Project, http://www.internal-displacement.org/profiling Revised Edition, 2008: http://www.asil.org/pdfs/stlp.pdf Designed to help humanitarian actors gather better core data Identifies the legal sources in international law for each on IDPs, including number of IDPs disaggregated by age and sex of the Principles. and location, proposing various methodologies and providing Protecting Internally Displaced Persons – A Manual for Law and advice on choosing the best for a given country context. Policy Makers, Brookings/Bern Project, October 2008: http://www.brookings.edu/papers/2008/1016_internal_ Specific sectors/issues displacement.aspx Standards and good practices pertaining to the protection of IDPs Provides detailed guidance to national authorities on how have been included in several inter-agency documents developed to shape laws and policies addressing protection and for specific sectors or issues: assistance needs of IDPs and ensuring their rights in line nn Guidelines for Gender-based Violence Interventions in with the Guiding Principles; reviews relevant questions and Humanitarian Settings (IASC, 2005) issues to be addressed by national authorities; and contains nn Gender Handbook in Humanitarian Action (IASC, 2006) lists of minimum essential elements of state regulation. nn Camp Management Toolkit (DRC, IRC, NRC, UNHCR, Addressing Internal Displacement: A Framework for National OCHA, IOM, 2008) Responsibility, Brookings/Bern Project, April 2005: http://www. nn Guidance Note on Early Recovery (Early Recovery Cluster brookings.edu/projects/idp/20050401_nrframework.aspx Working Group, 2008) Sets out 12 steps for governments to take and provides nn Handbook on Housing and Property Restitution for a basis for assessing/monitoring progress. Refugees and Displaced Persons (2007, FAO, Using the Guiding Principles NRC/IDMC, OCHR, OHCHR, UN-Habitat, UNHCR) The Handbook on the Protection of IDPs, All documents online at: Protection Cluster Working Group, http://www.humanitarianreform.org December 2007: Other web resources http://www.humanitarianreform.org/Default. aspx?tabid=294 Representative of the UN Secretary-General on the Human Rights of IDPs: Designed for those in charge of IDP http://www2.ohchr.org/english/issues/idp/index.htm protection on the ground. Reviews key components of IDP protection, Provides access to all documents pertaining to including the normative and institutional the mandate and work of the Representative, frameworks, protection activities including reports to UN bodies, UN resolutions and tools, and provides ‘action and press releases since 1992, and to resolutions sheets’ addressing protection risks of the UN General Assembly and other UN commonly encountered by IDPs. Final bodies pertaining to the Guiding Principles. version to be released in 2009. Brookings-Bern Project on Internal Protecting Persons Affected by Natural Displacement: Disasters – IASC Operational Guidelines http://www.brookings.edu/projects/idp.aspx on Human Rights and Natural Disasters, Includes studies, conference reports, articles, June 2006: http://www.humanitarianinfo.org/iasc/downloadDoc. etc, for the promotion of more effective policies. aspx?docID=3429&type=pdf Internal Displacement Monitoring Centre: Guidelines focusing on what humanitarian actors should do in http://www.internal-displacement.org order to implement a rights-based approach to humanitarian Includes the Global Internally Displaced Persons action in the context of natural disasters. Complemented Database, documenting the situation of IDPs in more by a manual. Final version to be released in 2009. than 50 countries, plus training materials on the Guiding Protection of Conflict-induced IDPs: Assessment for Action, Principles, country reports and thematic documents Protection and Early Recovery Cluster Working Groups, 2008: on issues such as profiling and urban IDPs. http://www.humanitarianreform.org/Default.aspx?tabid=555 Guiding Principles Global Database: Framework developed to help states and humanitarian http://www.idpguidingprinciples.org agencies conduct a comprehensive analysis of the situation Collection of official documents about the rights of IDPs and the of IDPs and of affected populations. In Part I (following application of the Guiding Principles, including relevant national Guiding Principles structure), each chapter reflects a cluster laws and policies, regional and international instruments, of rights drawn from international law; Part II provides general UN documents and statements of national authorities. guidance on participatory assessment methodologies. Still a provisional release, scheduled in final form for 2009. GP10 conference website: http://www.internal-displacement.org/gp10 When Displacement Ends: A Framework for Durable Solutions Includes: conference presentations (text/video) and conference for Internally Displaced Persons, Brookings/Bern Project, summary, plus access to all language editions of the Guiding June 2007: http://www.humanitarianinfo.org/iasc/downloaddoc. Principles and other documents/resources relating to IDP rights. aspx?docID=4123&type=pdf Provides guidance to determine whether and to what extent Forced Migration Review (FMR): http://www.fmreview.org a durable solution has been achieved for IDPs. Examines Provides access to all back issues of FMR with many articles both the processes through which solutions are found and on the Guiding Principles. Searchable and indexed. Available the actual conditions of IDPs in search of durable solutions. in English, Arabic, French and Spanish.