URBAN DISPLACEMENT 1 Issue 35 July 2010

i A I T D S B L I y AND DISPLACEMENT

Plus: Brazil mini-feature and articles on: accountability, mobility, reproductive health in Darfur, repatriation decision-making and protection in natural disasters.

FOR FREE DISTRIBUTION ONLY From the editors

n oft-quoted statistic is the World Health online can increase accessibility. All articles in this issue are AOrganisation’s estimate that persons with disabilities available online in PDF and Word format and as audio files. account for 7-10% of the world’s population. This would Our website also offers links to software to aid accessibility. imply that there are three to four million persons living with disability among the world’s 42 million displaced. It This issue contains a mini-feature on Brazil which also is not (yet) common practice, however, to include people appears in Portuguese on our website. We would like to with disabilities among those who are considered as thank UNHCR in Brazil for helping to make this happen. particularly vulnerable in disasters and displacement All issues of FMR are freely available online at and who therefore require targeted response. http://www.fmreview.org/mags1.htm We encourage The feature theme articles in this issue of FMR show you to post online or reproduce FMR articles but why disabled people who are displaced need particular please acknowledge the source (with a link to consideration, and highlight some of the initiatives our website) – and, preferably, let us know. taken (locally and at the global level) to change thinking and practices so that their vulnerability is recognised, Forthcoming issues of FMR in 2010-11 their voices heard – and responses made inclusive. ■■FMR 36: feature on the Democratic Republic of Congo and the Great Lakes, due out in November: The word ‘inclusion’ is found – unsurprisingly and see http://www.fmreview.org/DRCongo/ uncontroversially – in many of the articles in this issue. Use of other words and phrases used by the wider ■■FMR special supplement on HIV/AIDS, security disability movement has been harder to manage. Some and conflict, to be distributed with FMR 36: see people use ‘people with disabilities’ or ‘living with http://www.fmreview.org/AIDS/ disabilities’, while others argue for the term ‘disabled people’ to reflect the disabling impact of society’s ■■The first two issues of 2011 will include feature themes on attitudes. We did a lot of research, talking and thinking Non-state actors and Communications and technology. about this before we even issued our call for articles, and in the end we decided to allow authors to use the Details of all forthcoming issues can be found at terminology they themselves prefer. We sincerely hope http://www.fmreview.org/forthcoming.htm that this does not cause offence to any of our readers.

We ourselves, in producing this issue, have been challenged With our best wishes to make FMR more accessible to those with visual disabilities. We have received good advice about how a Marion Couldrey & Maurice Herson relatively small amount of work on the presentation of FMR Editors, Forced Migration Review

Ask yourself We are grateful to Adele Perry and to Gil Loescher December 1996, forced repatriation of hundreds of thousands of for their valuable support and advice on the Rwandan refugees from Tanzania at the Kagera river crossing. feature theme section of this issue.

Statistics tell us that up to 10% of the refugees crossing We would like to thank those agencies who have generously this bridge will have a disability of some sort. Or will the provided funding for this particular issue: CBM, the percentage be higher because of the conflict they have Commonwealth Foundation, Generalitat Valenciana/Consellería experienced? Or lower because some, because of their de Educación, Handicap International, the Inter-Agency disability, may have been unable to leave the camps in Network for Education in Emergencies, and Sightsavers. Tanzania – or unable to leave Rwanda in the first place?

We would also like to express our gratitude to the ABILIS Foundation for their support for this issue. ABILIS supports activities to empower persons with disabilities in the Global UNHCR/R Chalasani South; see http://www.abilis.fi/ for more information. FMR 35: In this issue... 2 From the editors 34 Education access for all

Helen Pinnock and Marian Hodgkin Forced Migration Review Disability and displacement 36 Services and participation in Yemen (FMR) provides a forum for the Aisha M Saeed regular exchange of practical 4 A shared vision Shuaib Chalklen 38 Disability in the UN cluster system experience, information and Adele Perry and Anne Héry ideas between researchers, 4 Disability in displacement refugees and internally Aleema Shivji 40 Negotiating inclusion in Sri Lanka displaced people, and those who Valerie Scherrer and Roshan Mendis 7 Second African Decade of Persons with Disabilities work with them. It is published Aïda Sarr and Kudakwashe Dube 41 Social inclusion: a Pakistan case-study in English, Arabic, Spanish and Munazza Gillani, Mohammad Bilal Chaudhry French by the Refugee Studies 8 Disabilities among refugees and and Niazullah Khan Centre of the Oxford Department conflict-affected populations 42 In-house (dis)ability of International Development, Rachael Reilly Safak Pavey University of Oxford. 10 Addressing the data challenge Kathleen B Simmons 44 The case for a Conclusion Staff Brendan Joyce Marion Couldrey & 12 Vulnerability and disability in Darfur Maurice Herson (Editors) Maria Kett and Jean-François Trani Mini feature: Brazil Heidi El-Megrisi (Coordinator) 14 Perception and protection in Sri Lanka Sharon Ellis (Assistant) Francesca Bombi 45 Brazil and the spirit of Cartagena Luiz Paulo Teles Ferreira Barreto and Forced Migration Review 16 More than a ramp Renato Zerbini Ribeiro Leão Refugee Studies Centre Gulu Disabled Persons Union Oxford Department of 46 Enhancing refugees’ integration: International Development, 18 Intersection of disability and HIV/AIDS new initiatives in Brazil Myroslava Tataryn Liliana Lyra Jubilut University of Oxford, 3 Mansfield Road, 19 Shifting community views: reducing 47 Amnesty for clandestine refugees in Brazil Oxford OX1 3TB, UK stigma in Dadaab Alex André Vargem Devon Cone Email: [email protected] 48 Local integration of refugees Skype: fmreview 20 Kakuma’s first raffle in Brazil Tel: +44 (0)1865 281700 Menbere Dawit with the Kakuma Syndicate Julia Bertino Moreira and Rosana Baeninger Disabled Group Fax: +44 (0)1865 281730 General articles http://www.fmreview.org 21 Displacement limbo in Sierra Leone Sam Duerden 50 Accountability to disaster-affected populations 23 The Convention: on paper and in practice Steering Committee for Humanitarian Response Cassandra Phillips, Steve Estey and Mary Ennis 52 To return or stay? 25 New Zealand: beyond the quota John Giammatteo Disclaimer Rowan Saker Opinions in FMR do not 54 RAISE Initiative necessarily reflect the 26 Early engagement Responding to IDP reproductive health needs views of the Editors, the Celia Brandon and Candy Smith Shanon McNab and Isabella Atieno Refugee Studies Centre or 27 Failing London’s disabled refugees 56 Migration, mobility and solutions: the University of Oxford. Neil Amas and Jacob Lagnado an evolving perspective Katy Long and Jeff Crisp Copyright 29 Reception of asylum seekers with Any FMR print or online material disabilities in Europe 58 Protection in natural disasters may be freely reproduced, Ana Beduschi-Ortiz Elizabeth Ferris provided that acknowledgement 30 Resettlement for disabled refugees 60 Welcome to Luxembourg is given to ‘Forced Migration Mansha Mirza Review www.fmreview.org’. 32 Brokering the culture gap ISSN 1460-9819 Rooshey Hasnain Designed by Art24 www.art-24.co.uk Invitation to write for FMR costly academic journals. FMR forced migration. Each issue Printed by You don’t need to be an aims to bridge the gap between of FMR has a theme but a Newman Thomson Ltd experienced writer. Email us research and practice so that significant proportion of each www.newmanthomson.com with your suggestions, draft practice-oriented research issue is set aside for any other articles or internal reports – and gets out to policymakers and subject relating to refugees/ we will work with you to shape the field, and field experience, IDPs or stateless people. your article for publication. lessons learned and examples Material may be submitted of good practice are shared Too often experience gained in in English, Spanish, Arabic as widely as possible. But we the field is confined to an internal or French. For more details, need you to help us do that. report, circulated within one office please see http://www. or organisation only; and too We encourage readers to send fmreview.org/writing.htm or often research is disseminated us written contributions on email us at [email protected] only via long academic articles in any aspect of contemporary 4 DISABILITY AND DISPLACEMENT FMR 35 A shared vision Shuaib Chalklen

I assumed my position as the promoting the disability-inclusive United Nations Special Rapporteur Millennium Development Goals, on Disability at a time when we persons with disabilities – at least have an enormous opportunity to 10% of the world’s population – bring about sustainable change still remain among the poorest in the conditions of all persons of the world’s citizens. And the with disabilities, with particular current competing political, attention to Africa and other social and economic concerns developing regions of the world. make the needs of persons with disabilities all the more pressing. Julia Sjöberg We are in the fortunate position of having 77 countries that have ratified There is also the matter of persons My vision is for equal opportunities the Convention on the Rights of with disabilities in situations of and the full participation of Persons with Disabilities and a great conflict and displacement, and in persons with disabilities in society many countries that have used the other situations of great risk. The and development, informed by Standard Rules on the Equalization devastating and tragic earthquake international cooperation. I intend of Opportunities for Persons with in Haiti brings to mind the situation to bring together the disability Disabilities (adopted in 1993) as a tool of persons with disabilities within community, governments, the United to develop national policies, although the present circumstances and their Nations system and civil society the implementation of these policies urgent need for food and shelter. to promote this vision in practical remains a challenge. A growing action for a real change for persons number of governments, legislators The previous Special Rapporteurs, with disabilities on the ground. and members of civil society beyond Mr Bengt Lindqvist and Sheikha the disability community have Hissa Al-Thani, noted that there This issue of Forced Migration begun to work with organisations was a lack of implementation of Review is a most welcome of persons with disabilities, disability policies in countries contribution to the work of building broader constituency for around the world. I plan to focus on bringing together our different advocating for the rights of persons the blockages to the implementation communities, sharing information, with disabilities in society and of disability-specific programmes encouraging cooperation and development around the world. and policies. One of the means of promoting this vision. encouraging the implementation of While much progress has been disability programmes and policies Shuaib Chalklen ([email protected]) is made through the adoption of the is through the sharing of information Special Rapporteur on Disability of the Convention and increased efforts in and technical cooperation. Commission for Social Development. Disability in displacement Aleema Shivji

People with disabilities face many additional difficulties According to estimates by the World before, during and after displacement but provision of Health Organisation, persons with disabilities account for 7-10% of appropriate assistance and protection for all is feasible. the world’s population. One can Invisible at the best of times, persons with ideas, skills and expertise to extrapolate, therefore, that there with disabilities are among the most share. It is not unusual to hear aid are 2.9-4.2 million1 persons with neglected during flight, displacement providers express views along the disabilities among the world’s and return. Due to communication or lines of: “How can we pay particular 42 million displaced, thereby physical barriers, negative attitudes attention to persons with disabilities debunking the myth that there are or other obstacles, persons with in situations of displacement? We few among displaced populations. disabilities face many hurdles in already have so many things to In contexts where many injuries are accessing assistance and protection. think about when delivering aid and likely to have occurred – in conflict, They may also face a heightened level we don’t have the expertise to deal earthquakes, etc – this number could of disability during displacement, with disability. Besides, there aren’t be much higher as temporary or because of changes in their that many persons with disabilities new permanent disability affects environment or lack of appropriate among displaced populations. In many people with injuries. In failing care and services. Moreover, they any case, our programmes do not to take account of these persons are often seen as passive recipients discriminate – everyone can with specific needs, humanitarian of aid rather than active participants access them.” actors – mainstream and specialised DISABILITY AND DISPLACEMENT 5 FMR 35

agencies alike – are not achieving Examples of solutions: exercises. Assigning local their collective objective of reaching ■■In areas with recurrent volunteers to actively search for extremely vulnerable populations. displacement, identify and make persons with disabilities can help. a list of persons with disabilities While some services need to be plus any special needs they Shelter, water, sanitation and provided by specialised agencies, may have.3 other infrastructure the majority of actions can be More often than not, temporary implemented by all humanitarian ■■Following flight, prioritise shelters, water and sanitation actors. Unfortunately, despite a persons with disabilities in facilities and other infrastructure growing willingness by mainstream reunification efforts, particularly (temporary health centres and agencies to include disability issues those dependent on caregivers. schools, camp offices, etc) are not in their response mechanisms, many accessible for all displaced persons. actors continue to feel they do not Displacement Uncovered drainage channels, tent have the necessary ‘expertise’ to Infrastructure and services in ropes, uneven surfaces, steps or turn this enthusiasm into reality. places of displacement are generally narrow doors can impose significant Specialised organisations therefore temporary in nature and rapidly mobility restrictions for persons have an important additional role installed – and often do not take into with visual or physical impairments. to play – in advocacy, training account special needs. The problem Long distances between water and awareness-raising to help begins in the assessment mainstream actors ensure better and planning phases. Rapid inclusion of persons with disabilities assessments rarely target in their programmes before, persons with disabilities during and after displacement. or include questions on disability. While it would Flight be unrealistic to expect Additional challenges for persons that detailed information with disabilities often begin during on disability could be flight. In the chaos of displacement, collected during a rapid some are left behind because they needs assessment, basic need assistance to move and no- information such as the level one stops to help them or because of access to services, specific they are unable to call out for help challenges and priority due to speech impairments. needs is crucial for designing appropriate responses. Difficulty in seeing, hearing or There is also a glaring understanding may prevent some lack of data on persons persons with disabilities from with disabilities among being aware of early warning displaced populations. This systems and can also lead to could be due to a number them being disoriented and thus of reasons, including separated from their family during absence of disaggregated

flight. Separation from or loss data during registration Handicap International of a caregiver can have severe and lack of training of consequences for a person with registration teams in basic Woman with visual impairment using handrail for guidance disabilities, particularly if they are disability identification. in a temporary settlement (Bangladesh). dependent on the caregiver for vital This absence of data often activities such as eating, moving leads people to believe few or toileting. When families are persons with disabilities are present points, latrines, camp services and displaced, they often need to make among displaced populations, temporary shelters can present hasty decisions about what to take thereby contributing to their additional challenges. The design with them. Assistive devices such exclusion from relief services.4 of water points, wash areas and as wheelchairs are often left behind, latrines can also inhibit some making even simple tasks such as Examples of solutions: persons with disabilities from using reaching latrines extremely difficult ■■Ensure simple disability questions them – some may not be able to use for the person with disabilities are included in rapid assessments; a traditional squatting position, a during displacement. In addition, in involve persons with disabilities in slippery surface can be a hazard for situations of conflict, persons with assessment teams; and target them someone with limited balance or disabilities may be interrogated during household interviews, vision, or the pump handle might and sometimes detained at road focus group discussions or not be long enough for someone blocks as they may be thought to other assessment activities. who cannot stand to pump water. be former combatants (e.g. males with amputations) or because ■■Collect data on the number of Examples of solutions: of communication barriers (for persons with disabilities, and ■■Construct temporary infrastructure example, persons with hearing type of disability, alongside age using basic principles of or intellectual impairments). and gender data in registration accessibility with at least 10% of 6 DISABILITY AND DISPLACEMENT FMR 35

water and sanitation facilities fully ■■Adapt distribution systems to Examples of solutions: accessible; involve persons with incorporate separate queues, ■■Target male and female persons disabilities at the design phase. distribution points closer to with disabilities of all ages in all affected populations, support protection monitoring initiatives. ■■House persons with disabilities to carry or transport received and their families close to items, smaller parcel size, etc. ■■Assist persons with disabilities essential services and facilities. with communication difficulties Protection, psychosocial and to complete relevant forms and Health, food, nutrition and information dissemination help all persons with disabilities distribution Persons with disabilities are to replace lost documentation and Displacement often interrupts extremely vulnerable to protection access justice and other systems. provision of essential health services violations ranging from physical, for persons with disabilities – such sexual and emotional abuse to ■■Provide all information in simple as chronic disease medication, lack of access to justice systems language, using at least two rehabilitation services or access and documentation. Children means of communication (oral to specific health items such as with disabilities are three to and written) and ensuring it catheters that are necessary for four times more likely to be reaches people who cannot leave survival. In addition, disruption physically or emotionally abused.5 their shelters/temporary homes. of health services can result in Exclusion and violations can be permanent disabilities from injury, caused by any number of reasons ■■Include persons with illness or birth-related causes. including communication barriers disabilities, persons with Some persons with disabilities preventing access to complaints injuries and caregivers in may not receive enough nutrients mechanisms, incapacity to run psychosocial initiatives. Adapt from standard food rations; some or call for help, inability to interventions according to may not be able to chew solid understand important messages the members of the group. foods; while others may simply or simply not being included in not be able to use the standard systems that generally focus on Education and livelihoods utensils provided in kitchen kits. women and children. For example, Obstacles that impede persons with during the recent displacements disabilities’ access to education In addition, mass distribution in Pakistan, a 21-year-old male and livelihoods opportunities in schemes often effectively exclude with intellectual impairment left stable contexts are heightened in persons with disabilities. an IDP camp through a hole in the displacement contexts. Temporary Information about distribution fence, was hit by a car, and was schools may not be accessible, times and locations may not be found four days later wandering teachers may not be equipped understood by persons with around, injured. Being an adult or trained to include children hearing, visual or intellectual male, he did not fit into a ‘high- with disabilities, and appropriate impairments; distribution points risk’ category for protection. equipment and materials may not may be far away or not accessible; be available. Some may not be able and persons with significant Security risks such as lack of to take part in cash- or food-for- weakness may not be able to stand appropriate lighting and long work schemes due to the belief that in long queues or carry rations/ distances to essential facilities like persons with disabilities cannot relief items. In addition, some may latrines pose additional challenges participate in labour schemes, the require additional items for basic for those with reduced mobility or nature of the job or lack of flexibility survival and dignity such as extra reduced ability to see or call out for in tasks to complete, and may thus blankets, beds and mattresses, or help. Essential information about miss out on income-generating supplementary hygiene items. relief efforts (protection systems, opportunities. In addition, persons distributions, coping mechanisms, with disabilities generally find it Examples of solutions: health messages, etc) is often missed more difficult to replace livelihood ■■Ensure access to essential by persons with disabilities because tools lost or damaged during health services such as chronic they cannot hear broadcasted displacement or to access vocational disease treatments and messages, see posters or leaflets, or training opportunities for some of provision of essential specific understand complicated language. the same reasons mentioned above. items such as catheters. Persons with disabilities, particularly Examples of solutions: ■■Provide rehabilitation services as those who are usually reliant on ■■Ensure that temporary schools part of essential health services, caregivers or a stable environment, (and child-friendly spaces) particularly when there have face significant psychosocial distress are inclusive of children with been many new injuries. in displacement contexts with loss of disabilities (via accessibility, social supports and changes in their staff awareness, appropriate ■■Distribute additional essential physical environment rendering materials and equipment). items to persons with disabilities them more dependent than before. such as high-energy foods, Persons with new injuries may have ■■Include persons with disabilities adapted items such as spoons difficulty adapting to their new in cash- and food-for-work and and straws, hygiene items, disability – and caregivers often other livelihood recovery schemes mattresses and beds. suffer significant distress as well. or provide suitable alternatives. DISABILITY AND DISPLACEMENT 7 FMR 35

Return the return process is adapted especially in refugee and other Challenges for persons with appropriately. displacement contexts. It will provide disabilities do not end once return practical guidance for all actors begins. Information on the return ■■Arrange adapted transport who share responsibility to fully process is often not presented clearly for those who require it, and include persons with disabilities enough, using means everyone can organise assistance and transport in assistance programmes and understand. In addition, transport to the specific place of origin, initiatives for durable solutions. services do not take into account including support to carry the needs of certain persons (e.g. rations and personal items. Aleema Shivji (aleema.shivji@gmail. using large trucks that are difficult com) is a member of Handicap to climb into), and often rely on ■■Provide information and International’s Rapid Response central drop-off locations that appropriate referral towards Team, based in Lyon, France, with are far from the place of origin, services available at the place regular deployment in natural disaster making it difficult for some to reach of return. and conflict emergencies (http:// their homes. Furthermore, people www.handicap-international.org). often find themselves returning to A step forward… 1. UNHCR (June 2009), 2008 Global Trends, http://www. environments which prove more Despite major advances towards unhcr.org/4a375c426.html challenging than the camp which better inclusion of persons with 2. For more information about these and other solutions, contact Handicap International (erd_support@handicap- was their temporary home. For disabilities in displacement contexts, international.org) or see Disabilities Among Refugees persons with disabilities, especially a lot of work still needs to be and Conflict-affected Populations, Women’s Refugee Commission, June 2008, http://www.womenscommission. for those who have received done. Handicap International and org/programs/disabilities 6 appropriate services for the first time a number of other stakeholders 3. See Simmonds article p10. while displaced, this can be a major have been lobbying for a UNHCR 4. Nordstrom, K. World Blind Union (2004). Quality deterrent to resettlement, as was seen Executive Committee Conclusion on Education for Persons with Disabilities. http://tinyurl.com/ Nordstrom2004 6 during refugee return from Kenya Disability. This Conclusion, which 5. CBM, Disabled Peoples’ International, IDA-CRPD to southern Sudan in recent years. member states will adopt in 2010, Forum, Handicap International, International Disability and Development Consortium (IDDC), Leonard Cheshire will help promote implementation Disability, Motivation, Women’s Refugee Commission Examples of solutions: of the recent UN Convention on the and World Vision, with the support of Quaker United ■■Include persons with disabilities Rights of Persons with Disabilities Nations Office. 6. See Joyce article p44. in the planning phase to ensure in humanitarian situations,

Second African Decade of Persons with Disabilities Aïda Sarr and Kudakwashe Dube

1999-2009 was the first African Decade. The Secretariat is part of the has run training workshops for Decade of Persons with Disabilities, broader movement against conflict journalists and facilitated the creation established by the African Union and is currently cooperating with the of a network of African journalists to to encourage the full participation, African Union on matters related to promote the rights of persons with equality and empowerment of people disability, peace and security and the disabilities. At least 200 African with disabilities in Africa. During the plight of disabled people in countries journalists have been trained and are first Decade, the Secretariat prioritised emerging from war situations. An now running regular disability-focused facilitating partnerships throughout important aspect of this work is to columns in a range of African media. society; assisting the most vulnerable advocate for the implementation of The Secretariat has produced groups – such as persons with policies related to disability by agencies guidelines for journalists, as well as intellectual disabilities, persons involved with disaster management, other training resources such as an who are deaf-blind and those with refugees and other displaced persons, advocacy and lobbying manual, an albinism – to have a voice; and including policies and strategies for evaluation manual and a resource launching the African Campaign on repatriation and resettlement. For mobilisation/fundraising manual Disability and HIV/AIDS to mainstream instance, when the camps in Gulu, for DPOs. Online at: http://www. disability in AIDS services and Uganda, were dismantled in 2009, africandecade.org/trainingmaterials response programmes. disabled persons were left in the camp with few support services. Aïda Sarr (aidasarr64@hotmail. The Secretariat also advocates for Their plight was addressed after an com) is Programme Manager the ratification and implementation international outcry and intervention. in the West, Central and North of the UN Convention on the Words and images Africa Regional Office in Dakar, Rights of Persons with Disabilities The words and images used by the Senegal, and Kudakwashe Dube (UNCRPD) and monitoring of different media can create either a positive ([email protected]) protocols relating to the rights view of persons with disabilities is Chief Executive Officer, for the of disabled persons in Africa. or an insensitive portrayal that Secretariat of the African Decade The Decade has now been extended reinforces common myths that leads of Persons with Disabilities to 2010-2019 – the Second African to discrimination. The Secretariat (www.africandecade.org.za). 8 DISABILITY AND DISPLACEMENT FMR 35 Disabilities among refugees and conflict-affected populations Rachael Reilly

In 2007 the Women’s Refugee Commission launched a major And their potential to contribute and research project to assess the situation for those living with participate is seldom recognised. Refugees and displaced persons disabilities among displaced and conflict-affected populations. living with disabilities are amongst People living with disabilities may They are often the most exposed to the most hidden, excluded and be left behind during flight, or protection risks, including physical neglected of all displaced persons. may not survive the journey; they and sexual violence, exploitation, are often not identified or counted harassment and discrimination. Some refugees and displaced in registration or data collection The loss of family members or persons may have lived their whole exercises; they are excluded from caregivers during displacement can lives with a disability. Others may or unable to access mainstream leave persons with disabilities more have become disabled during the assistance programmes and forgotten isolated and vulnerable than they conflict or natural disaster which when specialised services are set up. were in their home communities. led to their flight. The disruption of health and social services during conflicts or after a natural disaster can deprive the local population, especially children, of essential preventative and curative medical services, resulting in permanent impairments which could otherwise have been prevented.

The Women’s Refugee Commission was particularly concerned that displaced women, children and older persons face multiple discrimination on the basis of their gender, age and social status, as well as their disability. Women with disabilities are often exposed to sexual violence, domestic abuse and physical assault. Children with disabilities frequently suffer physical and sexual abuse, exploitation and neglect. They are excluded from education and not provided with the support to help them develop to their full capacity. In the Dadaab refugee camp in Kenya, Somali children with disabilities were sometimes tied up and had stones thrown at them, or suffered verbal abuse from other people in the community.

Mothers are often blamed for their children’s disabilities and may suffer physical or sexual abuse from their husbands or other family members, and be harassed, stigmatised and abandoned as a result. Older persons with disabilities may be abandoned or neglected by family members who can no longer care for them; they may face extreme isolation and vulnerability and may be unable to access the basic health care, food

UNHCR/ L Taylor and shelter they need to survive. DISABILITY AND DISPLACEMENT 9 FMR 35

The Women’s Refugee Commission found that Iraqi refugees with Education and training: mapped existing services for disabilities rarely left their homes. A more positive finding from the displaced persons with disabilities Researchers did find some positive research was the availability of in five countries, identifying gaps examples of adaptations to improve inclusive education for children and examples of good practice and physical access; in Dadaab refugee with disabilities. In all the countries making concrete recommendations camp, for example, wheelchairs surveyed, children with disabilities on how to improve services, were designed with special wheels were attending school and in some protection and participation for for use on the sandy terrain. countries school attendance rates for this neglected population. Field children with special learning needs studies were carried out by local Access to mainstream and were high. In refugee camps in Nepal NGO service-providers and disabled specialised services: and Thailand there were successful persons organisations (DPOs) As well as lack of physical access, the early childhood intervention in Bhutanese refugee camps in research also found that mainstream programmes to identify children with Nepal, Burmese refugee camps services were either inappropriate disabilities and help them integrate in Thailand and Somali refugee or did not cater for the specific into mainstream schools. Classroom camps in Yemen, and among urban needs of persons with disabilities. support was provided for refugee Iraqi refugees in Jordan and urban Food distribution systems were children with special learning needs Colombian refugees in Ecuador. inaccessible for persons with and there was ongoing training of Additional information came disabilities in several countries, and special needs support teachers, as from Dadaab refugee camp for there were no additional or special well as mainstream teachers to help Somali refugees in Kenya and IDP food rations. Mothers in Nepal and support inclusive education. Teaching camps in Sudan and Sri Lanka. Yemen, for example, said that they aids and appropriate curricula were could not get specially formulated developed and children with special Key findings food for children with cerebral needs were provided with mobility palsy and cleft palates. Refugees aids and learning accessories – Data collection: in Yemen said that people with such as Braille text-books, talking In all the countries surveyed visual impairments were cheated calculators and large print posters there was a lack of reliable and during food distributions, or had – to support their learning. consistent data on the number their rations stolen. In Dadaab, and profile of displaced persons on the other hand, the World In general, the research found that with disabilities. This problem Food Programme gave refugees inclusive education could be a was particularly acute in urban with disabilities priority during good entry point for persons with areas, where there was insufficient food distributions so they did not disabilities to access other services. data on the number of refugees in have to wait in long queues, and For example, through early childhood general and little or no information members of the community were intervention programmes, refugee on the number of refugees with mobilised to help collect food rations children with disabilities could disabilities. A lack of consistency in for persons with disabilities. be referred to appropriate health terminology and methodologies for services, and parent support groups data collection, cultural differences All the field studies highlighted were a positive starting point to in definitions and concepts of a lack of specialised health care, provide psychosocial support to disability, and lack of training psychosocial support and counselling parents of children with disabilities. or disability awareness amongst services for persons with disabilities. data collection staff all affected the There were no specialist doctors Elsewhere, while children with accuracy of data. Inadequate or or specialist therapy provision, a disabilities were not actively barred unreliable data meant that persons lack of specialised medicines and from attending school, neither with disabilities were often not generally no referrals to external were they actively encouraged to identified, and as a result appropriate services. Health clinics were often do so. Attendance rates were low services were not in place. physically inaccessible for persons and dropout rates high. There was with disabilities, who were not a lack of special needs support Physical infrastructure: given priority treatment and had staff or training for mainstream An additional problem in all the to wait in long queues. Those with teachers and a lack of appropriate countries surveyed was that the visual or hearing impairments teaching aids, flexible curricula physical layout and infrastructure of often faced communication and assistive learning devices camps impeded access for persons difficulties. In some countries, – and school buildings were with disabilities to facilities and such as Thailand, there were well- physically inaccessible. In Yemen, services, including schools, health established physical rehabilitation for example, children with visual clinics, latrines, water points, bathing and prosthetics programmes, and hearing impairments did not facilities and food distribution points. whereas in others, such as Yemen, have spectacles or hearing aids Difficulties with physical access and such services did not exist. Some which made it very difficult for the poor design of camp buildings, positive examples of community them to continue at school. including shelters, affected all outreach health programmes for aspects of daily life and increased the persons with disabilities were There were some examples of isolation of persons with disabilities. found in the Bhutanese refugee successful vocational and skills This was particularly the case in camps and for older persons training programmes which helped urban areas. In Jordan, researchers in the IDP camps in Darfur. refugees with disabilities learn 10 DISABILITY AND DISPLACEMENT FMR 35

useful skills and find employment. In general, the Women’s Refugee to promote the rights of displaced Bhutanese refugees in Nepal set Commission found that there was persons with disabilities, for up small grocery shops, barber little contact between displaced example putting together a guidance shops and weaving businesses persons with disabilities and local document for relief organisations after participating in skills training DPOs. One of the positive outcomes operating in Haiti after the January programmes. Elsewhere, vocational of the research was to build bridges 2010 earthquake.3 The guidelines training schemes were not adapted between local DPOs and refugee were sent through InterAction to all for people with disabilities or communities in several countries. In its members working in Haiti as well they were actively excluded. In Jordan the involvement of Jordanians as to its Protection and Humanitarian nearly all cases persons with with disabilities from a local DPO1 Assistance working groups. They disabilities faced huge social, as researchers in the project exposed were also sent to the Protection attitudinal and legal barriers in them to the challenges faced by the and Education clusters in Haiti and finding employment because of Iraqi refugees and led to the inclusion were posted on the One Response their disability, in addition to their of Iraqis in some of their projects. website for Haiti coordination. The status as refugees and outsiders. Women’s Refugee Commission plans Supporting practice and to follow up on this with training Participation: influencing policy workshops for service providers in Nearly all the people with disabilities In June 2008, the Women’s Haiti – a model the organisation interviewed during the field research Refugee Commission published hopes to replicate in several other said that they would like to be more a comprehensive report outlining pilot countries. At the policy level, involved in community affairs, the findings of its field research, as the Women’s Refugee Commission camp management, programme well as a resource kit for UN and has been active in a coalition of planning and decision-making NGO humanitarian field workers NGOs advocating for a UNHCR processes. However, there were on how to work with and promote ExCom Conclusion on disabilities, very few opportunities for the the inclusion of persons with which is due to be adopted in 2010. formal participation of persons disabilities.2 The resource kit includes with disabilities. There were some practical advice on how to make Rachael Reilly ([email protected]) positive examples of refugees and refugee camps more accessible to is a consultant with the Women’s displaced persons with disabilities persons with disabilities and how to Refugee Commission and was the forming their own organisations promote their full and equal access to author of their disabilities report. and self-help groups, for example in mainstream services and facilities. 1. http://www.landminesurvivors.org/ the camps in Thailand and Nepal, 2. Disabilities Among Refugees and Conflict-Affected as well as some positive community Since 2008, the Women’s Refugee Populations and Resource Kit for Fieldworkers http://www. awareness-raising initiatives. Commission has been working to womensrefugeecommission.org/programs/disabilities influence both policy and practice 3. http://tinyurl.com/HaitiGuidance Addressing the data challenge Kathleen B Simmons

The humanitarian relief community needs to collect disability- considered in all facets of service specific data through rapid needs assessments, registration provision, along with the elderly, children and women – the Handbook processes, accessing local knowledge and disability monitoring. does not provide minimum Current literature suggests that among Refugees and Conflict-Affected standards and requirements data on disabilities among refugee Populations3 noted that identifying specific to these ‘vulnerable groups’. and IDP communities are often and collecting data on the number Due to the diversity of disability, uncollected or unknown by the of persons with disabilities and the minimum standards of service larger NGOs and UN agencies that types and causes of disability have are needed to guide agencies are providing the bulk of relief proven to be one of the greatest in qualifying and quantifying services.1 Standard procedures data challenges in the context of their response for refugees and such as rapid assessments and displacement. Addressing the IDPs with disabilities in order to registration processes often do not specific needs of persons with fulfil their most basic rights to include collection of information disabilities in an emergency protection, health and dignity. specific to the circumstances, needs context requires that agencies have and presence of refugees and appropriate tools and training to Data collection IDPs with disabilities. In cases of recognise and record various types Data collection processes for armed conflict or natural calamity, of disabilities. While the Sphere emergency interventions and this ‘invisibility’ can be fatal.2 Project Handbook recognises recovery programmes must include: persons with disabilities as falling The 2008 Women’s Refugee within their ‘vulnerable groups’ ■■disability-specific rapid Commission’s report on Disabilities category – people who should be needs assessments DISABILITY AND DISPLACEMENT 11 FMR 35

■■registration processes that all manifestations of disability their visibility and, most importantly, are inclusive of persons within each category will directly connect refugees and with disabilities IDPs with disabilities to essential ■■category of the disability services (including food ration ■■information gathering from local cards, immunisation campaigns, NGOs and community leaders, ■■singular, double or multiple protection initiatives, psychosocial and from national/local health disabilities first-aid programmes, etc). It is also and/or surveillance systems important to ensure that people ■■criteria for identifying a disability who become disabled over the ■■implementation of disability- course of displacement receive the monitoring mechanisms. ■■the severity of (each identified) information and services necessary disability to sustain their lives and livelihoods. One of the greatest challenges to data collection for this sector of a ■■age and gender of person As mentioned, gathering information displaced population is overcoming with disability from local NGOs, local leaders and the misconception that persons with identified community members who disabilities require such specific ■■number of persons with care for persons with disabilities and complex services that agencies disabilities in a single ‘household’ is important if agencies are to should only focus on their needs understand how it is to be a person once the emergency phase is over. ■■onset of disability (at birth, after with a disability in a particular birth and prior to displacement, society and the type of care, This notion deflects attention from as a result of war/disaster, opportunities and protection – or the urgency of collecting such data result of migration) and any lack thereof – that exist there. In during the standard data collection necessary anecdotal information situations where persons with processes. Consequently, the data disabilities – or persons with collected during the emergency ■■specific needs (transportation, particular types of disabilities – are phase and used to develop the assistive device, food ration harder to reach, engaging with most critical survival services are assistance, water supply local leaders and organisations devoid of any disability-specific assistance, access to universal will be even more necessary. Their information. This inadvertent design latrine, accessible shelter, specialised institutional knowledge, negligence disregards the survival access to medications, access to resources and deeper understanding and protection needs of refugees specialised medical care, etc) of the needs of persons with and IDPs with disabilities and their disabilities prior to displacement, carers. Literature and case-studies ■■carer situation (none/ as well as information on the types alike note the lack of standardised temporary/permanent) and prevalence of disabilities, disability-specific data collection will be of great importance in tools and monitoring mechanisms. The assessment tool will need to planning and implementing include a reference section with interventions and services. The development of a disability- definitions of all categories and International agencies should specific rapid assessment tool is types of disabilities and severity support these local organisations essential in order to ensure inclusive criteria to ensure high quality and and avoid poaching staff or emergency interventions. The consistent data collection across creating parallel services. Instead, diversity of disability demands a humanitarian organisations. establishing partnerships and reference guide for those who are providing assistance will improve conducting assessments in order to One-off and ongoing refugee and local capacity in an emergency increase accuracy in recording the IDP registration processes are context, improve existing services category and severity of disabilities important operational procedures and create a more sustainable and to ensure that the assessment that must seek to capture the and strengthened support system accurately measures the needs presence of persons with disabilities for persons with disabilities. of individuals with disabilities. within the displaced community. In Additionally, a set of definitions and cases where stigma, discrimination Statistics on disabilities from the indicators accepted by all NGOs and or lack of mobility result in national and local health system UN agencies would allow for more making persons with disabilities or surveillance systems are efficient coordination, information a ‘difficult-to-reach population’, another source of data. While the sharing, evaluation, comparison agencies will need to partner with presence and/or capacity of these and analysis across data sources community leaders, local NGOs systems will vary greatly, they and over time.4 Training for data and international NGOs with long- can be useful for data collection collectors or interviewers to detect term presence in order to facilitate and for understanding the level and ask about disability is essential. registration processes and help of recognition of persons with emergency responders to identify disabilities within local and The assessment tool should and register persons with disabilities. national government systems. Due enable data collectors to record: The registration process will not to the impermanence of ‘ability’ only provide a rough estimate of in forced migration contexts, it is ■■all categories of disability the number of those displaced with essential to establish a coordinated (physical, mental, sensory) and disabilities but will also enhance system that systematically collects 12 DISABILITY AND DISPLACEMENT FMR 35

disability-specific data over the course of displacement. Disability Vulnerability and monitoring mechanisms, such as disability surveillance, is a key data collection method that should disability in Darfur be developed, implemented and charged with the duties of ongoing Maria Kett and Jean-François Trani and systematic collection, analysis and interpretation of disability- The difficulties faced by persons with disabilities throughout the related data. This information could displacement process contribute to their increased vulnerability. be used to inform humanitarian actors on a way forward for During focus group discussions with case of those registered with food effective disability mainstreaming, women in IDP camps in Western distribution programmes, usually implementation and evaluation.5 Darfur – as part of a larger research in camps, and it depends on the project on vulnerability1 – several goodwill of friends and neighbours Conclusion women highlighted the increased to ensure the full food ration is While the Women’s Refugee difficulties persons with disabilities handed over. In many instances Commission, World Vision and faced throughout the displacement this goodwill is not forthcoming. other NGOs, as well as researchers, process, beginning with their initial have more recently begun to map flight from their villages. For those One small group of women with and mainstream the needs of with disabilities, their journeys had disabilities ended up, in part refugees and IDPs with disabilities, taken on average almost twice as because of their particularly organisations such as Handicap long as other, non-disabled villagers, destitute status, in what can International and HelpAge putting them at greater risk of further loosely be termed a ‘segregated’ International have long worked attack and insecurity along the route camp, alongside other extremely in this environment, providing to safety. This was largely due to vulnerable people, including older specialised care and building up a mobility or transportation difficulties. adults and persons with leprosy. wealth of institutional knowledge, For example, one of the disabled However, they were not included capacity and data collection women interviewed had to flee from in any of the formal registration tools. Their expertise should be her village with her husband, also programmes and thus were excluded tapped to improve humanitarian disabled, and their three children, from programmes that specifically data collection, planning and taking as many belongings as they target ‘extremely vulnerable programme implementation. could carry; however, they had individuals’ (EVIs), despite being More importantly, agencies need to take turns to share their one clearly in need of extra support. to take responsibility for including mobility tricycle between them, refugees and IDPs with disabilities thus significantly delaying their The situation for most of the adults in rapid needs assessments and journey. Another elderly woman and children with disabilities in registration processes, accessing told of how, because of difficulties Darfur is especially challenging. local knowledge and initiating with walking, her flight from the In general, the attitude of non- disability monitoring mechanisms janjaweed had taken more than five disabled Darfurians to adults and so that they can begin to design days, rather than the one or two days children with disabilities is that of emergency interventions and it had taken her fellow villagers, and charity, based on religious beliefs. recovery programmes with she had to hide many times along Prior to the conflict, adults and inclusion in mind. the way for fear of further attacks. children with disabilities were frequently beneficiaries of zakat, Kathleen Bernadette Simmons None of the women interviewed the Islamic system of giving to (kathleenb.simmons@gmail. mentioned receiving any assistance those most in need. However, since com) has recently completed from neighbours or fellow villagers the conflict and the large influx of her Master’s of Public Health in during their flight, though they humanitarian aid, the zakat system Forced Migration and Health from did sometimes receive help once has largely fallen into disuse, leaving Columbia University. She previously they were in the camps. Some of many people with disabilities in a worked in China with children with the help, such as collecting water vulnerable and precarious situation, disabilities, and has also worked in and firewood, was undertaken unable to call upon traditional the disabilities sector in the US. by younger family members to means of support and unable to assist those who could not collect access the new, limited systems of 1. Lentz, K L (2008) Final Report: Support to UNHCR and the Protection Cluster Working Group: Internally Displaced the firewood themselves, thus support that were supposed to be Persons with Disabilities http://tinyurl.com/Lentz2008 putting these family members at an available in the camps but were 2. Stocking, B (2003) Preface in S E A Harris, Disability, Equality and Human Rights: A Training Manual for increased risk of attacks outside the often missing or fragmented. Development and Humanitarian Organisations (p. viii). camp. Some households set up food Oxford: Oxfam GB. distribution mechanisms whereby In Darfur, for most of the displaced 3. http://www.womensrefugeecommission.org/docs/ disab_full_report.pdf one representative gathers vouchers persons with disabilities, there is a 4. Gerben Dejong. Spring 2008 Forum: Dealing with from a series of households and chronic need for livelihoods, food disability. http://www.issues.org/24.3/forum.html collects all their supplies which are and welfare support. For many 5. Center for Disease Control. Retrieved Jan 2010, from: http://www.cdc.gov/ncphi/disss/nndss/phs/overview. then divided up. These are helpful persons with disabilities, their htm to some degree but only in the main source of income comes from DISABILITY AND DISPLACEMENT 13 FMR 35

begging in the local market place. location. In the areas where we Furthermore, we found that in a were undertaking research, local camp the presence of a person with disabled peoples organisations disabilities within the household can (DPOs) were also used to assist put extra strain not only on finances with the identification of EVIs but also on family coping strategies. but these local DPOs are often The traditional extended family under-staffed, over-stretched and system that could support persons under-resourced, as they try to with disabilities is often significantly effectively reach all persons with reduced, with only close relatives disabilities in need, often in camps being available nearby to continue some distance away with unstable to help and provide any support and changing populations. needed. In some cases families are separated during flight to a place of The fact that most of the persons with safety, sometimes by accident but disabilities in the camps interviewed often because a decision was made for this project seemed to be falling that – for the welfare of all other through the cracks highlights the members of the family who must flee need to improve the process by which quickly and survive in the unknown persons with disabilities are tracked surroundings of a camp – the person and registered by relief agencies. with a disability must be left behind. Official registration can benefit persons with disabilities in Darfur in Identification and registration a number of different ways, including In order to assist those seen as by offering access to additional Maria Kett especially in need, many agencies humanitarian aid, a reduction in identify EVIs in order to provide health-care bills and free schooling. targeted assistance with food and persons with disabilities appears non-food items and programme It is debatable to what extent these to be limited, with most services delivery. This category varies benefits can actually be realised in provided by organisations such as according to the agency but the current context and whether the ICRC. Local DPOs have limited usually includes orphans and persons with disabilities perceive capacity for advocacy or awareness- unaccompanied children, female- registration to be beneficial. In raising campaigns and overall headed households, older people, theory, the process of registration receive little external assistance as people with disabilities and people eventually links to the Ministry much of their previous support came with mental health problems. of Social Welfare and is primarily from disability and development undertaken by local DPOs in agencies that no longer operate in In Darfur as elsewhere, many other the field. However, the extent to the region. Most support now is factors compound vulnerability, which ministries actually take any in-kind, such as the provision of including gender and geographical responsibility for the welfare of assistive devices for a limited number

Disability in standards and guidelines The UN Convention on the Rights of Persons with Disabilities which takes into account their special needs.” And Principle 19 (CRPD), which came into force in May 2008, covers situations states: “All wounded and sick internally displaced persons as of risk and emergency (Article 11) but does not specifically well as those with disabilities shall receive, to the fullest extent include displacement as a situation of concern. This may practicable and with the least possible delay, the medical care reflect the fact that the CRPD reaffirms already existing human and attention they require, without distinction on any grounds rights legislation, such as the 1951 Refugee Convention, but other than medical ones. When necessary, internally displaced does so with a specific focus on disabilities. Whilst all human persons shall have access to psychological and social services.” rights legislation takes non-discrimination as the basis for While the Refugee Convention focuses on entitlements its implementation, the Refugee Convention only specifically (to welfare support), the Guiding Principles focus more on mentions disability in Article 24 on Labour Legislation and care and protection. However, more recently the UNHCR Social Security, which states that all refugees are entitled to Handbook for the Protection of Internally Displaced Persons the same social security rights as all citizens of the country. emphasises the need to ensure the protection of persons The Guiding Principles on Internal Displacement mention with disabilities and focuses on the inclusion of persons with disability specifically in Principle 4, which outlines the principle disabilities, with particular emphasis on gender, violence of non-discrimination of any kind, as well as highlighting and health as these relate to persons with disabilities. how: “Certain internally displaced persons, such as children, Meanwhile, in the current revision of the Sphere Handbook, especially unaccompanied minors, expectant mothers, mothers disability – along with other key areas including gender, older with young children, female heads of household, persons with people and children – is being mainstreamed from the start disabilities and elderly persons, shall be entitled to protection of the revision process to ensure sustained inclusion. and assistance required by their condition and to treatment 14 DISABILITY AND DISPLACEMENT FMR 35

of individuals fortunate enough to come to the attention of the system. Perception and Future challenges In other chronic crisis situations, protection in Sri Lanka persons with disabilities often remain in camps or temporary settlements Francesca Bombi for years, long after most or all of the other non-disabled camp residents An assessment conducted in Sri Lanka in 2008 revealed that have been relocated or have left. displaced people with disabilities were extremely vulnerable to While many persons with disabilities will find their own solutions to their protection incidents and their vulnerability was increased by their displacement (as others in the camps lack of voice. do), the challenge is what should be done about those who cannot Undoubtedly, the context of Sri did not have the means to carry the find alternatives to such camps. Lanka is a complex one. The country three disabled children. While the has suffered from sporadic civil rest of the villagers fled, this family For any of the three options – return, war since 1983, and in 2008, at the remained behind, dug a hole in the reintegration or resettlement – time when the assessment was ground and hid there for days. refugees and IDPs with disabilities conducted, Sri Lanka had entered face a number of challenges. If a new period of open conflict, after Another man, a wheelchair-user, return is an option, there may the abrogation of the ceasefire recounted that when the conflict was be conditions attached such as in early January of that year. approaching his village, his family having to demonstrate the ability took the decision to split up and to to rebuild one’s house, an option The field assessment revealed a arrange for his earlier departure not always available to persons number of connections between as they worried about his inability with disabilities. Reintegration conflict, displacement and disability. to leave in an emergency. The man may pose specific challenges for One of the most evident was that had to leave his wife and young persons with disabilities, who may conflict and displacement are a cause teenage daughters without any male face increased discrimination and of permanent physical disability support in an area visited regularly exclusions and loss of social support, either directly as a result of injuries by fighters, increasing their potential particularly outside their own or because the situation of conflict exposure to sexual and gender-based community. Finally, resettlement and resulting displacement had violence and forced recruitment. generally comes with a number of not allowed people with injuries conditions attached which may act to access health services and be Another issue that was raised by a against persons with disabilities, treated – therefore injuries that might number of persons with disabilities for example a cap on medical have been cured had become the was the identification by the treatment expenses. This leads to cause of a permanent disability. security forces of young injured or the very real problems of camps disabled Tamil men and women becoming de facto ‘welfare camps’. The field assessment further as ex-combatants. Young amputee highlighted the existence of two men and women would regularly We have not yet got to this situation different types of protection be stopped and interrogated at in Darfur but it is time for agencies challenges confronting people with checkpoints as their disability and others focused on long-term disabilities: protection challenges singled them out as potentially durable solutions for all refugees that are specific to persons with having been involved with the rebel and IDPs to give serious thought and disabilities in situation of conflict movement. Many of the young men attention to persons with disabilities. and displacement, and protection and women who were experiencing concerns that confront the general these increased security controls Maria Kett ([email protected]) is population but to which people with were consequently not accessing assistant director and Jean-François disabilities might be more vulnerable health services for fear of being Trani ([email protected]) is senior because of their lack of voice within interrogated and arrested on the way. research associate at the Leonard their family and community. Cheshire Disability and Inclusive In other instances people with Development Centre, University College Specific challenges hearing or speech impairments London (http://www.ucl.ac.uk/lc- It is usually much more difficult for were harassed and arrested at ccr/). Maria Kett is the focal point for people with disabilities to leave when checkpoints because of their inability disability in the current Sphere revision conflict erupts; often they have to to express themselves and answer process http://www.sphereproject.org/ find alternative ways of escaping or questions posed by the security content/view/530/302/lang,english/ they do not escape at all. A young forces. Their disability was not woman with four children, three immediately recognised by the 1. Report on affected and excluded vulnerable children in Southern West Darfur Dr Jean-Francois Trani and Dr of whom were affected by severe security forces who considered it Maria Kett, Leonard Cheshire Disability and Inclusive disability, explained that her family rather as ‘suspicious behaviour’. Development Centre, University College London. http://tinyurl.com/Cheshire-Darfur was unable to leave their village, The Darfur study was co-funded by UNICEF and even though the shelling was very Other interviewees with disabilities Leonard Cheshire Disability and carried out in partnership with Intersos. close to her house, because they talked of difficulties encountered DISABILITY AND DISPLACEMENT 15 FMR 35

during their displacement. Because People with disability were confirm the vulnerability of people of cultural and religious beliefs discriminated against within the with disabilities and highlight the about disability, some people with family to the point of being physically need to fill the knowledge and disabilities did not benefit from the hidden in the house and never let intervention gap into which people solidarity of the host population outside and they were often not with disabilities are falling. and were unable to secure a shelter mentioned in the official family with host families. Moreover, even documents. This was reported Conclusions though organisations working on specifically as an issue for high-class Among the most pressing disability continue to advocate families, indicating how protection actions, governments and strongly for accessible IDP and concerns are not necessarily linked the international community, refugee camps – and provide to poor economic conditions. particularly organisations technical guidance to design and working on protection, should: organise these settings, including, Very few offices of UN organisations for example, accessibility of water and NGOs were physically accessible ■■develop the knowledge and points, distribution points, toilets, to persons with disabilities and capacity of governmental community areas, education areas the arrangements for meetings authorities and humanitarian and shelters – it is rare to find camps and events did not take into and development organisations where the needs of people with consideration the special needs of to identify protection issues disabilities are taken into account. persons with disabilities, unless affecting people with disabilities made by organisations working in situations of conflict and Accessibility does not only cover specifically in this field and who displacement, through assessments physical access. Access to information campaign to include people with and sharing of information is also extremely important as it disabilities in all activities. is the key to obtaining services ■■continue advocacy to ensure the and protection. Information in Moreover, it was noted that when inclusion of people with disabilities camp settings is generally given there was a person with a disability in humanitarian and development through traditional methods, such in the family there was often a organisations’ and governments’ as announcements and signboards disruption of the family structure and mandates and programmes that do not reach visually or hearing ‘coping mechanism’ - usually with impaired people, condemning them negative effects on the security and ■■continue advocacy to ensure that to exclusion and marginalisation. wellbeing of the family. In some cases, the ‘charity’ approach commonly children whose parents had become used when addressing people with Furthermore, there was often no disabled had to drop out of school disabilities’ concerns is substituted consideration of the difficulties to work and provide for the family. with the rights-based approach that people with disabilities might Women whose sons or daughters encounter in return and resettlement were disabled could not work because ■■work together with disabled plans both during the travel back they needed to take care of them, people’s organisations as the best to their place of origin and in further adding to their vulnerability. placed actors to raise awareness terms of rebuilding their lives. about people with disabilities’ Interestingly, the findings strongly concerns and priorities Additional vulnerability diverged from the perception on Because of their lack of voice and the disability and displacement shared ■■ensure better representation of family’s and community’s underlying by many professionals consulted people with disabilities inside acceptance that they are ‘second- during the assessment. People with humanitarian and development class human beings’, persons with disabilities were generally viewed as organisations and local authorities disabilities were more vulnerable ‘different’ from the other recognised as this will naturally increase these than others to the type of protection vulnerable groups – women, children actors’ awareness on the issue. problem not specifically linked to and the elderly – and disability was disability but that might affect the considered a specific subject requiring As one Sri Lankan colleague pointed general population. The most affected an ‘expertise’. Furthermore, there out: “people with disabilities are were women, children and elderly was a general acknowledgment that, vulnerable because they are hidden”; persons, indicating that disability because of their limited numbers, it is our responsibility to ensure can multiply the vulnerability displaced persons with disabilities that they are seen and their voices of those who already hold an were not a priority. In the end, are heard. inferior position in the family’s and all these arguments were used to community’s power dynamics. justify the lack of knowledge and the Francesca Bombi (francescabombi@ consequent inaction on the subject. yahoo.it) has been working as Associate It was also noted that, within the Protection Officer and consultant disability sphere, persons with mental This field assessment to identify on protection with UN agencies, disability were found to be extremely vulnerabilities of people with international and national NGOs vulnerable, particularly to sexual and disabilities to protection challenges in since 2003. This article is based on gender-based violence against women a context of conflict and displacement her work with an international NGO with mental disability and neglect was one of the first of its kind and working on disability in Sri Lanka. of children with mental disability was limited in time and scope1 1. 60 persons with disabilities were interviewed in the potentially leading to their death but gives initial indications that North and East of Sri Lanka over a period of four months. 16 DISABILITY AND DISPLACEMENT FMR 35 More than a ramp Gulu Disabled Persons Union “People with disability live in families and live in communities. We cannot be separated from society.” Simon Ongom, Chairperson of the Gulu Disabled Persons Union (GDPU) The rebellion by the Lord’s Resistance left her village in 1998 and stayed Army (LRA) in northern Uganda at an IDP camp for six months. left a terrible legacy of poverty, mutilation and sickness. It is People with disabilities have suffered estimated that 14% of the population disproportionately during and after suffer from a disability – significantly the conflict in Uganda. Disabled higher than in other parts of the persons either did not know of the country. Yet disability has been impending violence or were unable largely left out of reconstruction and to leave with others, similar to in the villages people with disabilities Elisabeth’s experience. Refugees fled are often shunned and isolated. to IDP camps, which could scarcely address the needs of people who The Gulu Disabled Persons Union were not disabled, let alone the (GDPU), a network of five advocacy disabled. In the congested IDP camps Advocacy Project Advocacy groups, is campaigning on various the blind have particular difficulty fronts, not least to make public moving around. Seeking out food Simon Ongom buildings and services accessible and water is a major problem. The in Gulu and Amuru districts. In deaf have problems communicating further. Justin has been cultivating November 2009, responding to with others because of the lack of community relationships because pressure from this campaign, the sign language interpreters in the “some people think you can do it Gulu municipal and district councils camps. Disabled persons must alone, but in advocacy, you need voted to make schools, hospitals depend heavily on others in order to have allies to help you.” and health centres throughout Gulu to survive in the IDP camps. accessible. GDPU also plans to Simon Ongom nominate its members for election to Elisabeth has attended workshops Simon, who has been physically local parish development committees, on business development and other disabled since the age of five, is where they can advocate for a subjects, and is active in mobilising currently chairman of the Gulu village-based disability agenda. people to attend the meetings and Disabled Persons Union. He cites cooking for those meetings. “In the the war as eroding the cultural Many of those working for future I might campaign to be an norms of the Ugandan people. GDPU have been displaced by LC3 [Local Councillor at sub-county Persons with disabilities are more the conflict – and now campaign level], so that I can advocate for dependent than before but they are to encourage those involved in other people’s rights. I want to make not being taken care of by families, protection, assistance, reconstruction district leaders aware of the rights.” the government or NGOs. The war and return to bear in mind the has made everyone poor. Now, particular challenges facing all Justin Okello because of the relative peace, people those living with disabilities. A survivor of polio at age three, are going back home – but those Justin lost the use of his left leg with disabilities are staying behind. Elisabeth Abur and uses crutches to get around. The government and NGOs need Elisabeth has been a general member His family was torn apart by the to focus specifically on the needs of of Gulu District Association for the war with the LRA, with two of his persons with disabilities who will Blind since 1998, when she fled to siblings killed, five abducted and two not be able to return home until they Gulu municipality from the violence of those five having yet to return. have the support they require. “Not in her sub-county. Elisabeth describes No-one knows if they are still alive. until persons with disabilities have her experience being blind during equal opportunities will I relax.” the conflict in Uganda: “I might sit Justin has been living with his wife outside, and other people might see and daughter in Alero IDP camp Santos Okumu the rebels coming from far, run and for more than 10 years. Although Santos is chairman of the Gulu leave me, whereas I cannot see them. he lacks the capital to move out of District Association of the Blind and This happened to me. They [the the camp and start entirely anew, a board member of the Gulu Disabled rebels] gave me millet to grind and he refuses to remain idle and Persons Union. The conflict displaced chicken so I prepared food for them. instead began making furniture him and his community to IDP When they were finished they locked from his home. He has developed camps where the biggest challenges me in a hut so I could not hear which a small business and is now facing them now are food and shelter. direction they were going and they training three of the other ‘stranded Santos’ role in the persons with left me there.” As a result, Elisabeth people’ and hopes to expand even disabilities movement in the region DISABILITY AND DISPLACEMENT 17 FMR 35

and nation can be traced straight John Bosco Odong blind is communication with back to the roots of the movement John is a survivor of gunfire who doctors, citizens, neighbours and in 1980. Santos explains this was has been displaced by the war. In government representatives. “One when Idi Amin was overthrown: 1989, as government forces raided of our members died because of “During the [following] crisis, his village, he was hit by a bullet. He communication problems. The humanitarian aid came to Uganda was severely injured and spent six medical team did not understand to provide food items. We were months in hospital. In 1998, while his condition so he died.” Not not able to access this aid. We were traveling to Anaka, he was caught enough sign language interpreters in unable to line up. We became one in cross-fire and hit by bullets in general and in specific settings are a voice… We mobilised people and we the arm and leg. He currently lives significant barrier to communication went to the District Commissioner. in an IDP camp with his wife and between the deaf and others. They brought the food to this very children, unable to return to his land centre. That is how we got it.” because he has no house to live in In a cycle that repeats itself, the lack and is unable to build one himself. of sign language interpreters and As Santos states: “Accessibility is “Now people are moving back from advocates for the deaf blind result more than a ramp. It is also about the camps but people like me do not in the inability to communicate information, communication and have the capacity to build a hut.” their needs to the government. employment.” Santos divides The government in turn does not accessibility into three parts: Bernard Odong recognise the needs of the deaf accessibility to public buildings, Born deaf and blind, Bernard has blind community and does not accessibility to information and been a deaf blind advocate and a support measures to help them. communication, and accessibility to member of the Gulu United Deaf service delivery from government, Blind Association since 1996. Bernard, like many others, talked donors, NGOs and the community. The main challenge for the deaf about the need for support for Christine M Carlson, Advocacy Project Peace Fellow Fellow Peace Project Christine M Carlson, Advocacy 18 DISABILITY AND DISPLACEMENT FMR 35

they did not find any other people returning displaced persons [while raiding a village] they would with disabilities. The disabled target persons with disabilities.” who return to their villages have Lucy described her disabled friend, special needs in comparison to Charles Okoya Laliya, who was the non-disabled. Unfortunately, shot, then pushed into his hut. neither the government nor NGOs His hut was then set on fire. have programmes or aid geared towards disabled persons. Lucy’s work with the disability movement has changed her Lucy Adong immensely. “Now I have the courage Lucy has been a member of the Gulu to stand up and declare what should Disabled Persons Union’s board since be done and what our rights are 1992. When Lucy was three years Christine M Carlson, Advocacy Project Peace Fellow Fellow Peace Project Christine M Carlson, Advocacy when fellow persons with disabilities old, she had eye cancer and became are abused and mistreated. First I blind. During the war in Uganda, was shy and I would walk away. persons with disabilities were Now I have the courage.” threatened and tortured because they had disabilities. “We lost many lives. The Gulu Disabled Persons Union is …. In the rural areas it was worst partnered by the Advocacy Project, for persons with disabilities. They which helps marginalised communities could be tortured. The rebels would to tell their story, claim their rights say that persons with disabilities and produce social change. For more Charles Ojok helps run the local school for deaf children. were the mothers and fathers of information, see http://advocacynet. the UPDF [government forces]. If org/page/gdpuadvocates

Intersection of disability and HIV/AIDS Myroslava Tataryn People with disabilities, and especially camps; and rape, sexual abuse and who are living with HIV/AIDS and women with disabilities, are largely exploitation of girls and young women.1 integrating AIDS issues into the overall ignored by the mainstream HIV/AIDS activities of the organisation. The In post-conflict northern Uganda, most community even though they are at a women, who are themselves HIV- major international relief organisations heightened risk of contracting HIV/AIDS. positive, have spoken out publicly incorporate HIV/AIDS services into their about their status and encouraged All of the risk factors associated with programmes and initiatives. However, other women with disabilities to do the HIV are increased for individuals with to date, none of them are implementing same. Many in their group have lost disability: poverty, severely limited programmes specifically aimed at their jobs or livelihoods because of access to education and health care, integrating people with disabilities and their HIV-related illness, and many are lack of information and resources disability rights issues into HIV/AIDS no longer supported by their partners to ensure ‘safer sex’, lack of legal programming. One national NGO, TASO because of the stigma surrounding protection, increased risk of violence Uganda,2 is working with the National their HIV-status and/or their disability. and rape, vulnerability to substance Union of Persons with Disabilities to abuse, and stigma. With little support train several persons with disabilities The group has been able to offer social from mainstream relief organisations, as HIV/AIDS counsellors and trainers. support to each other and create a some disability groups are starting The international NGOs working in forum for resolving domestic disputes to address AIDS out of necessity, in conflict zones, who often have more connected to their HIV-positive status. spite of limited resources and the resources and influence at their They are currently seeking funding to additional stigma it may bring. disposal, continue to lag behind in support their members in sustainable the integration of AIDS and disability income-generating projects to assist Despite an overall decreasing national issues. The high rates of both HIV/ them with their daily needs. HIV prevalence rate, conflict-affected AIDS and disability within conflict and parts of northern Uganda continue Myroslava Tataryn post-conflict regions demonstrate to see HIV infection rates that are (myroslavatataryn@aids-freeworld. a clear need for attention to the significantly higher than the national org) is Advisor on Disability and intersection of these issues. average. These increased rates can AIDS with AIDS-Free World (http:// be attributed to several factors all Gulu District Association of www.aids-freeworld.org). intimately connected to the 20-year Women with Disabilities 1. Justine Nannyonjo, Conflicts, Poverty and Human conflict and IDP situation in northern A small and courageous group of Development in Northern Uganda, Helsinki: UN districts: disruption of the cultural and women with disabilities have come University World Institute for Development Economics Research, 2005 http://62.237.131.23/ social systems, leaving children without together to form the Gulu District publications/rps/rps2005/rp2005-47.pdf proper parental instruction; increased Association of Women with Disabilities, 2. http://www.tasouganda.org/ sexual activity due to over-crowding in supporting women with disabilities DISABILITY AND DISPLACEMENT 19 FMR 35 Shifting community views: reducing stigma in Dadaab Devon Cone

Among the greatest protection risks facing refugees with International staff visit households disabilities in Dadaab are discrimination and stigmatisation. in the camps to identify people with disabilities and look out for Dadaab refugee camp is made sometimes fathers are extremely instances of human rights abuses up of three separate camps caring and protective of their such as children being tied to approximately 80 km from the children with disabilities. The trees or confined to the house. Somali border. As of February 2010 children are well taken care of, When they identify a protection it is the largest contained refugee clean and loved. The problem issue such as those listed above, complex in the world, housing comes with the rest of the they refer the case to CARE and 261,167 registered refugees, 246,646 community. Discrimination and Save the Children who provide of whom are Somali. 9,141 registered stigmatisation are the biggest counselling and conduct home households in Dadaab include a challenges we face in Dadaab when visits. Some of these cases are then person living with a disability. working with the disabled.” subsequently referred to UNHCR in order to provide additional One of the most obvious problems Blessing or curse? support and protection solutions. facing people living with disabilities According to traditional ideas, some in Dadaab is the hot, sandy, often Somalis believe that a disability is Options, however, are limited which flooded and overcrowded nature a blessing from Allah and should is why changing the perception of of the area. An orthopaedic be appreciated. Many others, the community towards persons technologist working with Handicap however, believe that an impairment with disabilities needs to be one of International in Dadaab explains: is a punishment in response to the highest priorities. “The sand and heat in Dadaab make behaviour of the parents which has living with a physical disability offended Allah. A third possible UNHCR and NGOs are including very challenging. Even tricycle explanation given by some refugees refugees with disabilities in camp wheelchairs fitted with special in the camp is that the person with committees, sectoral planning wheels are very difficult to use … the disability would harm people meetings, Parent Teacher and the disabled person ends up if physically able to do so, and Associations and their own staff. having to be pushed by several therefore Allah curses him or her In regard to the specific issue of people. As for prosthetics, they with a debilitating condition as a abandoned mothers, youth groups wear out quickly in this climate. way of protecting the community. are encouraging neighbours to Refugees might use them minimally watch over disabled children if at home but they do not use them Persons with disabilities, especially their mothers have to leave, and to travel any significant distance. children, often face frequent HI plans to create day-care centres This drastically limits a person’s protection problems including being where children can be supervised mobility, independence and dignity.” beaten, stoned and facing verbal by others for a short period of abuse. Often mothers who give time. These efforts, though limited, Significant measures have been birth to children with impairments have already helped provide some taken to ensure that persons are abandoned by their husbands means of protection for disabled with disabilities have easy access who take the other children with persons, especially children. As to agency field offices, UNHCR them, leaving the mother alone with such they need to be financially registration and verification the disabled child. Alarmingly, in supported and enhanced. exercises, WFP food distributions, Dadaab some of these mothers tie and so on, but day-to-day their children to trees when they Devon Cone (devon@mapendo. functioning remains difficult have to fetch water or conduct other org) is a programme officer for for most disabled refugees in activities. The idea in doing so is Mapendo International (http:// Dadaab. However, the most to protect children from hurting www.mapendo.org) working as significant issue facing refugees themselves or running away. In a resettlement consultant for with disabilities in the camps is reality, however, these children UNHCR in Dadaab, Kenya. not usually the limitations caused often become an even easier target by their physical impairment but for the rest of the community. The views reflected in this article are rather the views of the rest of While unable to escape they are her own personal views and do not the community towards them. often stoned, beaten and burned, necessarily reflect the views of either and sometimes sexually abused. Mapendo International or UNHCR. Handicap International’s Rehabilitation Team Leader has Addressing protection concerns noted: “Contrary to what many Agencies working in Dadaab are people think, Somali mothers and trying to curb this habit. Handicap 20 DISABILITY AND DISPLACEMENT FMR 35 Kakuma’s first raffle Menbere Dawit with the Kakuma Syndicate Disabled Group UNHCR Kakuma In the face of continuing funding cuts to programmes, residents and staff in Kakuma refugee camp in Kenya have had to find new ways to support persons with disabilities. From 2007 UNHCR and its partners scaled down their activities in Kakuma refugee camp, believing Trials and challenges that southern Sudanese repatriation There are many extremely difficult would lead to the closing of the and humiliating circumstances that camp. Although by the end of May persons with disabilities endure on 2009, approximately 36,000 southern a regular basis. Children lacking Sudanese refugees had indeed wheelchairs are trapped at home or sit repatriated to southern Sudan, in the bottom half of small suitcases Dadiri, an 8-year-old Somali boy with Kakuma has since experienced an and push themselves around. Some spinal bifida, Kakuma, 2010. influx of organised relocations to the caregivers, who look after persons camp and spontaneous new arrivals with disabilities on their own, from Somalia, Darfur, DRC and sometimes tie that person to a tree of players would help the association even some from southern Sudan. or bed to prevent them from hurting to make better informed decisions in themselves or disturbing neighbours. selecting the Kenyan national team. A reliable register of persons Unfortunately, there was no funding with vulnerabilities in the camp The majority of camp residents for the trip or for the repair of the is imperative to identify their have communal latrines and too special competition wheelchairs. problems/needs and to design often people do not clean up after effective programming with their themselves. Consequently, many Kakuma has many talented persons direct participation but, with 25 persons with disabilities whose with disabilities who are waiting community-based rehabilitation mobility is limited and who do for employment opportunities. workers having been laid off at the not have wheelchairs are forced We have fine orators, musicians, end of 2007, there are now no staff to crawl in, invariably soiling carpenters, welders, teachers, to record the number or needs of themselves. Pit latrines should tailors, Braille transcribers, weavers persons with disabilities in Kakuma. be constructed with seats for and tie-dye artists, to name but individual persons with disabilities a few – and if they had training The gap in services has widened and there should be wheelchair- or livelihoods opportunities, and people have been requesting and tricycle-accessible ones too. this would assist in reducing assistance such as prescription Some people suffer exploitation and illiteracy, idleness, insecurity, glasses, Braille facilities, hearing abuse because of their disability, either dependence, depression and sexual aids and other devices which being housebound and alone during violence and its consequences, will assist them to become more the day or not having the capacity and would improve livelihood independent as well as consultation to shout out or defend themselves. opportunities with respect to meetings and income-generating/ This is especially true of persons with repatriation or resettlement. livelihood training sessions. mental challenges who fall victim to the abusers in our communities. Taking action Funding cuts have brought a While advocating for more funds previously established orthopaedic The lack of funding and scant for persons with disabilities, workshop for persons with awareness of involving persons with UNHCR decided to do a bit of local disabilities to a virtual standstill. disabilities in managing their lives, fundraising among the refugees Staff try to assist those who need being self-reliant and influencing through a raffle. Essentially it was to their assistive devices repaired their own futures has contributed raise the issue of disability, engage (wheelchairs, crutches, children’s to their ‘invisibility’. community leaders in learning about walkers, etc) but they and the If caretakers, families, relatives, friends community members who have workshop lack materials. They and community members are taught disabilities and gather funds to begin require wood and tools to repair coping mechanisms and given training the process of assisting and reaching and make devices as well as to and material support, the beneficiaries out to persons with disabilities. be able to offer skills training would not only be persons with UNHCR’s Community Services staff in activities such as carpentry, disabilities but everyone down the line. brought eight handmade blankets, a embroidery, leatherwork and long dress and eight packets of coffee sewing, and in small business to be used as prizes. In a textbook development. This centre was the In 2007, Kakuma’s wheelchair example of refugees helping only place where persons with basketball team was invited to themselves and taking ownership disabilities could get together Nairobi by the Kenya Wheelchair of their lives, they held a raffle and for work, training and leisure. Association because its high calibre were able to raise 97,035 Ksh ($1,508). DISABILITY AND DISPLACEMENT 21 FMR 35

Following the raffle, the chairman running the orthopaedic of the largest community (Somalis) workshop. While this in the camp stated: “Bearing in is a small step, it is also mind that we are poor refugees a giant one because it dependent on the assistance of shows that capacity the international community, we building has had a are very pleased to have raised positive effect. Through approximately 100,000 Ksh from this group, persons our meagre resources towards with disabilities are supporting the neediest persons in making their voices our society, the disabled. Indeed, heard and beginning this is a lesson to us that together we to take responsibility can achieve a lot.” The chair of the for their lives. Ethiopian community said: “This was done independently and the Since then, persons with refugee community participated disabilities who used to eagerly to support persons with work at the orthopaedic disabilities and it makes us proud workshop have formed to have made our own money and the Syndicate Disabled be accountable to ourselves. We Group, an association appreciate the idea of the raffle so that is now registered that we reached this achievement. with the government It helped all of us to be aware of of Kenya. The group persons with disabilities and initiated has 300 members all to support them with courage.” and is working to set up meetings in all The greatest problem was getting parts of the camp to UNHCR Kakuma an agreement among some of the allow everyone easier larger communities about how the access. The Syndicate Disabled where refugees and staff from the Orthopaedic money raised would be dispensed. Group is running the orthopaedic UN, NGOs and government can workshop, Kakuma. Therefore, having an association workshop and is providing training all meet together in the shade. of persons with disabilities with a to other persons with disabilities. broad support base is imperative The group is also advocating to be Menbere Dawit ([email protected]) is as the implementing partner. It is a included in consultations regarding Technical Advisor (SGBV) at UNHCR testament to the belief, respect and services which affect persons with Headquarters and former Community reliance the community has in this disabilities. Persons with disabilities Services Officer at Kakuma Camp, group that the community handed have now designed and built our with the Syndicate Disabled Group over the raffle money towards first large covered gathering place Displacement limbo in Sierra Leone Sam Duerden

When does war end and peace begin? When a peace accord is removal from homes and villages; signed? When the intervention forces leave and those responsible second, the disabilities and wounds suffered, many remaining untreated are put on trial? Or when civilians can return home and resume and at risk of further deterioration; their livelihoods? third, ongoing poverty linked to destroyed infrastructure and a In Sierra Leone, eleven years after the choice to return home or resettle, then devastated economy, exacerbated signing of the Lomé peace accords, many of this group are still displaced. by personal physical restrictions; which eventually brought a chaotic, and fourth, unique psychological decade-long civil war to a formal The stories of some of the amputees and psychosocial needs linked close, the war continues for a group I met in Kenema town in eastern to the nature of their injuries. of people who came to symbolise Sierra Leone between September the horror of the fighting. These are 2007 and March 2008 illustrate four The Kenema Amputees and War the amputees who, during the war, dimensions that link their current Wounded Welfare Association had their hands or other parts of settlement ‘choice’ to external factors was established to support the limbs amputated by rebel forces. If deriving directly from the war: first, basic needs of the wounded and displacement is ended by the free the original violence and forced to campaign for their rights. Its 62 22 DISABILITY AND DISPLACEMENT FMR 35

members range in age from 13 to similar experiences. Together in a under-treated war wounds. Another 65 and before the war came from a group they can both get succour from had had her lower leg amputated, variety of towns and villages and each other and campaign together. but had also given birth to a healthy had a range of occupations and One member commented after a child. Most of the amputees had livelihoods: painters, mechanics, group activity that the main benefit moved into new settlements on the church pastors, students and farmers. he received was an increase in respect outskirts of Kenema. Built with Only a handful are now independent from family members and others the help of the Norwegian Refugee in meeting their basic needs, most at home, as well as in self-respect, Council, they are a vast improvement relying on the charity of friends or for literally getting out of the house on what they had before – but still family or sometimes strangers and and doing something. In a village, with problems of accessibility, a smattering of NGO assistance. this would not have been possible. water supply and electricity. Basic medical and health care remain With no or extremely curtailed However, there are also social inadequate or absent and although ability to generate income, and with pressures in the town setting. A registration had also finally begun unmet health and education needs female amputee, aged 28, explains: as the preliminary phase of paying and severely limited mobility, shelter “Men will see me and they will reparations, progress remains slow. is an urgent need but one that the like me but then they will leave amputees cannot meet on their own. me because I can’t wear long The numbers may be small but trousers to follow men or to go the suffering is acute. For the There are also acute mental and to clubs. ... Sometimes young individual it is the experience of psychological issues that for many women come to me. We will play displacement repeated daily. It is of the group reinforce the fact of together, we will laugh together, also an experience likely to continue displacement and dislocation on a but when there are any social because without the power of daily basis. A 37-year-old woman activities they will leave me. This political constituency (satisfying with three dependents whose foot causes a lot of suffering to me.” their needs will do little for overall had been amputated explained: “If development indicators) or external I decided to go back to my village, It is not economic incentives or interest (they are too small in number my life will be worse than this. social opportunities that encourage to pose any sort of security risk), Sometimes when we meet with the amputees to stay in Kenema the problems of the amputees and the others [amputees] we will feel town. Rather, it is a matter of war wounded are just a drop in the happy, because we will look at each minimising the ongoing effects under-development that continues other and play happily. But if you of a war that remains not just to afflict Sierra Leone as a whole. are in the village you are alone.” as a scar but an ongoing battle, alienating and displacing the Sam Duerden (samduerden@ Being in a group helps the victims from preferred, if not gmail.com) worked with a local individuals to cope with the trauma better, choices and alternatives. NGO in Sierra Leone in 2007-08. of their original and current He is currently completing a experiences. In their home villages I visited the amputees again in Master’s course in international they would often be alone and October 2009. One of the group I had security and global governance certainly without those who had originally met had died – from his at Birkbeck College, London. Sam Duerden

Kenema, Sierra Leone. DISABILITY AND DISPLACEMENT 23 FMR 35 The Convention: on paper and in practice Cassandra Phillips, Steve Estey and Mary Ennis

While various international instruments are in place to protect natural disasters strike. In Haiti, the rights of persons with disabilities, knowledge of these at a for example, in addition to the economic hardship and political grassroots level is limited. At the same time, holding governments unrest affecting society, persons that have signed or ratified some of these mechanisms with disabilities are generally accountable is no easy task, especially in times of disaster. treated as outcasts as a result of social stigma, stemming mainly In March 2008, the UN Convention disabilities during humanitarian from superstition and the practice of on the Rights of Persons with emergencies. While it is not explicit voodoo. The January 2010 earthquake Disabilities (CRPD) came into force. about what measures States Parties exacerbated further the vulnerability The CRPD is intended as a human should take in such situations, of children and adults with rights instrument with an explicit Article 11 does reference the need disabilities, particularly those with social development dimension; it for States Parties to ensure that they mental health issues and cognitive adopts a broad definition of disability comply with their international disabilities. The recent exposure by and affirms that all persons with human rights and international international aid organisations of all types of disabilities must enjoy humanitarian law obligations deplorable conditions at a psychiatric all human rights and fundamental towards persons with disabilities institution in Port-au-Prince and freedoms.1 Building on several during this time. Read in conjunction in rural children’s orphanages existing UN treaties and conventions, with other relevant articles of the speaks to the need to protect the including the Convention on CRPD, such as Article 4 (General rights of persons with disabilities. the Elimination of all Forms of obligations), Article 9 (Accessibility), Discrimination against Women Article 10 (Right to life), Article Haiti signed and ratified both the (CEDAW) and the Convention 17 (Protecting the integrity of the CRPD and the Optional Protocol on the Rights of the Child (CRD), person) and Article 19 (Living in July 2009. If, as indicated above, the CRPD is the first and only independently and being included the human rights of Haitians with international agreement to explicitly in the community), Article 11 is a disabilities continue to be violated, stipulate the rights of persons with powerful tool to ensure that people then it is safe to assume that they disabilities in international law. with disabilities are included in all may be unaware of or unable to aspects of humanitarian response access the CRPD – because of barriers As of May 2010, there were 144 and displacement, from recovery such as poverty, rural isolation, signatories and 87 ratifications to the to rebuilding and resettlement. illiteracy and lack of disability CRPD. The first step is for countries accommodations.2 Monitoring of the to sign the CRPD, which signifies CRPD and the Optional Protocol that they agree with it in principle. Article 11 - Situations of risk is important at a government level. The next step – ratification – signals and humanitarian emergencies Research indicates that, in Haiti, the State Parties’ intent to undertake States Parties shall take, in Article 40 of the Constitution, the legal rights and obligations accordance with their obligations which provides for the publication contained in the Convention. under international law, including and dissemination of laws, orders, international humanitarian law and decrees, international agreements, In addition, there is an Optional international human rights law, all treaties and conventions in Creole Protocol which establishes two necessary measures to ensure the and French, is not yet generally procedures to strengthen the protection and safety of persons applied. Neither the State Party implementation and monitoring with disabilities in situations of risk, nor civil society is advancing the of the CRPD. The first allows including situations of armed conflict, CRPD agenda, although Article individuals to bring petitions to the humanitarian emergencies and the 33 of the CRPD stipulates that CRPD Committee, claiming breaches occurrence of natural disasters. persons with disabilities and of their rights; and the second gives their representative organisations the CRPD Committee authority to See UN Enable website for full need to be involved fully in the undertake inquiries into serious text of the Convention: http:// monitoring process of the CRPD. violations of the CRPD. To date, 88 www.un.org/disabilities/default. States Parties have signed the CRPD’s asp?navid=14&pid=150 To this end, Disabled Peoples Optional Protocol; among these, 44 International (DPI), the largest have ratified the Optional Protocol. grassroots cross-disability In practice organisation in the world, is Within the CRPD, Article 11 The social situation for persons committed to raising awareness addresses the obligations of States with disabilities is grave in many about the CRPD and its Optional Parties towards persons with developing countries long before Protocol. DPI was actively involved in 24 DISABILITY AND DISPLACEMENT FMR 35

the CRPD drafting negotiations at the UN, holding consultations in member countries and regions to ensure a cross-disability perspective through Vision World the sharing of lived experiences.

DPI members are currently involved in revising the Sphere standards and, with Handicap International and World Vision International, in drafting the UNHCR ExCom Conclusion on Disabilities.

DPI’s 134 member organisations provide peer support, self-help and advocacy training, and advice to groups on universal design principles. In Thailand after the 2005 tsunami, DPI’s Asia Pacific Regional Office supported the establishment of the Phang Nga Society of Disabled Persons (PSDP), a self-help organisation for 4,000 persons with cross- disabilities in Phang Nga Province. PSDP provided 60 wheelchairs to people with disabilities injured by the tsunami, and advocated successfully for the building of wheelchair-accessible ramps.

The value of peer support during Haiti, recovery and resettlement should 2010. not be underestimated since strong peer relationships help to empower disabilities, women with disabilities, Cassandra Phillips (cassandraphillips@ persons with disabilities. This and children. shaw.ca) is Editor of Disability is clear in the work of Kaganzi International, Steve Estey (steven@ Rutachwamagyo, now Head of the Conclusion dpi.org) is Human Rights Officer Disability Resource Center in Dar es In general, governments have not and Mary Ennis is former Executive Salaam, Tanzania. Rutachwamagyo, been successful in reporting to Director, with Disabled People’s who uses a wheelchair, provided peer treaty monitoring bodies about International (http://www.dpi.org). support to survivors with disabilities how they are applying the various 1. http://www.un.org/disabilities/ in refugee camps following the human rights conventions to 2. Such as plain language translation of CRPD in Creole. Rwandan genocide. He believes persons with disabilities; the 3. Kett, Stubbs and Yeo, IDDC, 2005 that peer support contributed to the monitoring bodies have been http://www.ucl.ac.uk/lc-ccr/projects/conflict/iddc refugees’ survival and psychological equally remiss in not asking for well-being in Benaco Camp. this information. Adoption of the CRPD should facilitate change – Following a disaster, persons with and the ExCom Conclusion should CRPD tools disabilities are scattered, and local help raise additional awareness. Once the CRPD was adopted in 2006, disabled people’s organisations DPI created a Ratification Toolkit (DPOs) may lose capacity. Liaison Persons with disabilities still face to support the global campaign and cooperation with international significant barriers at every stage for signature and ratification of relief agencies in rebuilding and of humanitarian crisis and internal the CRPD and then, in 2007, with resettlement are key to sustainability displacement: as they flee, in and funding from the Ministry of Foreign of local DPOs. When the 2004 Asian around camps, en route to and upon Affairs (Finland), published an tsunami hit the south-western coast return home. While addressing Implementation Toolkit to assist of India, international aid workers these challenges appears formidable, States Parties with the subsequent identified the need to ensure the inclusion of DPOs in disaster implementation phase of the CRPD. whole disability community was management programmes, inter- included in rehabilitation but this agency coordination mechanisms The Ratification and Implementation was not put into practice.3 The result and rehabilitation is essential to Toolkits are online at http://www. was increased isolation and neglect enable the immediate and long-term icrpd.net/ (English, French, Spanish) of particularly vulnerable groups needs of persons with disabilities in such as persons with cognitive disasters to be brought to the fore. DISABILITY AND DISPLACEMENT 25 FMR 35 New Zealand: beyond the quota Rowan Saker

The New Zealand government accepts refugees with disabilities New Zealand’s refugee policy aims and has established structures and partnerships to facilitate their to ensure its quota remains targeted at refugees in the greatest need participation in society. of resettlement, while balancing New Zealand’s commitment to reunification and 35 for emergency this with its ability to provide ensuring that refugees with a cases) and Medical/Disabled. This last good settlement outcomes to those disability are not excluded from has a maximum of 75 places available. accepted under the programme. the country’s refugee resettlement The balance between meeting these quota is longstanding. In accepting The Medical/Disabled subcategory is commitments and New Zealand’s Asian refugees from Uganda in 1973, designed to accommodate refugees capacity to absorb and provide Labour Prime Minister Norman with medical, physical or social for a number of people who will Kirk insisted that New Zealand’s disabilities – factors which would inevitably need significant health, refugee intake include a significant normally place them outside the education and welfare assistance in proportion of ‘handicapped’ (the usual criteria for acceptance by their initial years is a fine one, and terminology has since changed) cases. resettlement countries. Generally, has necessitated the development Reporting Mr Kirk’s announcement, applicants under this category have of durable solutions in order to the capital city’s Evening Post a medical condition that cannot be provide an effective response. newspaper wrote: “New Zealand treated in their country of refuge, should not say it wants only ’the and resettlement to New Zealand Strategy and structure best apples in the barrel’. He [Kirk] is considered life-saving or of such The constitutional framework of New was sure that most New Zealanders benefit that it will significantly Zealand places great importance on would agree that these were the improve their medical condition respect for peoples’ cultural, ethnic, people who needed help most.” and well-being. Medical cases are racial and religious differences referred for advice concerning the and their right to participate It was evident even then that injury availability of suitable treatment in equally in society. The rights of and disease were all too often the New Zealand. Feedback from these resettled refugees are protected by Haiti, consequence of dispossession and sources is taken into consideration New Zealand law, which covers 2010. flight, and that compassion should in the decision-making process. all forms of discrimination and not be limited to providing refuge racism and upholds peoples’s for the young and able bodied only. In cases where there is an apparent rights and freedoms of speech, New Zealand continued to accept physical or psychological condition, religious belief and political refugees considered harder to settle full medical reports are provided by opinion. A Health and Disability on health and other grounds in the UNHCR for assessment by health Commissioner was established following decades and today refugees authorities in New Zealand. The in 1994. Specific bodies such as with special needs, who for whatever full disclosure of the condition and the Human Rights Commission, reasons – including medical – are its effects is essential for planning Office of the Race Relations considered harder to settle, continue purposes, facilitating an effective Conciliator, refugee councils and to be accepted as part of New early warning process for health incorporated associations also Zealand’s annual refugee quota. authorities to ensure they have support the rights and interests of time to plan appropriate and resettled refugees. Increasingly, Quotas and commitments necessary treatment and support local councils are appointing New Zealand is party to both the 1951 for those refugees arriving in New ethnic community coordinators to Convention Relating to the Status of Zealand, while ensuring that New facilitate understanding of ethnic Refugees and its 1967 Protocol. More Zealand’s relatively small (in world and racial diversity and to provide than 30,000 refugees have arrived terms) publicly-funded medical assistance and support to ethnic since 1944, when refugees were first system is not overwhelmed. communities on a range of matters. distinguished from other immigrants in official statistics. The government As with the Women at Risk category, The New Zealand Settlement formalised its commitment to a set the Medical/Disability category Strategy (NZSS) was launched in quota of refugees (which included accounts for around 10% of the 2004 (revised in 2007) to provide an people from each of the UNHCR’s annual quota. The numbers in integrated framework that focuses designated vulnerable categories) each category have varied over the on proactively supporting migrants, in 1987 when it established an years depending on the referral refugees and their families to annual quota of 800 refugees. and acceptance rate of refugees in settle in New Zealand. The NZSS the other categories. If UNHCR provides the basis for a ‘whole-of- Currently the quota stands at 750 and does not refer enough cases to New government’ approach to supporting is divided into three subcategories: Zealand for a particular category, good settlement outcomes. The Women at Risk (minimum 75 places), then the numbers in other groups, Settlement National Action Plan UNHCR Priority Protection (600 such as protection or family reunion, (SNAP), launched in 2007, sets out places including up to 300 for family may be increased accordingly. what will be done at a national level, 26 DISABILITY AND DISPLACEMENT FMR 35

with a range of initiatives including funding for resettlement of refugees, Early engagement assessment of refugee qualifications, English language tuition for school Celia Brandon and Candy Smith children and adults, careers advice and support for those seeking work, New Zealand welcomes refugees with disabilities – but how well and the development of a national are they supported after arrival? network of settlement information services. Regional strategies and Each year, the New Zealand having a wheelchair) and there action plans in Auckland and government selects 750 refugees for needs to be a period of transition. Wellington are also in place to resettlement. Assessment services support the responsiveness of and support for disability cases Difficulties around accessing settlement activities in these regions. among these 750 have improved appropriate interpreting support over the past few years, thanks are generic for many refugee clients. Settlement Support New Zealand to strong advocacy from Refugee Refugee populations in New Zealand (SSNZ) is a national settlement Services (the primary agency helping tend to be small and it can be difficult network set up to direct newcomers refugees to settle within their new finding appropriate professionally and their families to services they communities) and other specialist trained interpreters – and finding might need during their first years agencies such as CCS Disability interpreters who can support refugees in New Zealand, and is delivered Action. Quota refugees have six with a hearing impairment (i.e. who in 18 locations around the country. weeks of orientation, screening and also have sign language skills) can This entails a collaborative approach assessment at the Mangere Reception be even more problematic. Finding involving central government Centre in Auckland before resettling adequate housing can also be (through the Department of Labour), throughout the country. Prior to 2006 difficult. In some cases there has to be local authorities and NGOs as refugees with disabilities arriving a compromise between being housed appropriate to each location. The in New Zealand would not receive where there is community support initiative focuses on better co- specialist support until they had and being housed where specific ordinated delivery of settlement been housed in the community (six disability needs (such as for modified advice and information at a local or more weeks later). Introduction housing) can be provided for. level, and on improving the of assessment at the point of arrival responsiveness of local services to has meant that support is now Accessing the necessary support the needs of newcomers. Refugee better streamlined and responds has meant working through Services Aotearoa New Zealand is the more closely to people’s needs. systems which tend to have a ‘one key NGO funded to resettle refugees, size fits all’ philosophy and whose providing case management, social Challenging the system staff may not be accustomed to work and trained volunteer support. Many of the issues for people with working with very different cultural Once refugees have moved on from disabilities focus on accessing much traditions and beliefs. This requires this service they are able to access needed resources – which are also time, education and resources. the SSNZ local point of contact scarce for the general population. for referral to relevant services. Some refugees with disabilities Providing professional arrive in the country without basic disability-related support Over time, New Zealand’s refugee resources such as a wheelchair or To address the gap between arrival in policy has evolved in response to appropriate assistive devices. Some New Zealand and receiving disability changing global circumstances and have lived without these supports support, CCS Disability Action linked needs. The New Zealand government for a long time (for example, children up with the Mangere Reception has, however, demonstrated a or even adults may have been Centre to ensure that professional continuing commitment to devote used to being carried rather than staff are available when refugees a proportion with disabilities first arrive, working of its quota to alongside the family to advocate refugees who can for them and help them cope with significantly benefit the unfamiliarity of their new lives

from the medical Celia Brandon from a disability perspective. Early Khazow or disability Yakow, engagement enables a smoother support available an Iraqi transition into the community. In in New Zealand. refugee, was addition to this, staff have set up paralysed after being service networks at the centre in order Rowan Saker shot during to enable the government’s needs (Rowan.Saker@ Saddam assessment agency1 to do assessments Hussein’s dol.govt.nz) is regime. while people are still at the centre, Senior External Refugee before they are moved out into the Communications Services community and elsewhere in the Adviser in helped her country. The needs assessment can receive the New Zealand’s support she then be sent on to disability support Department needed when agencies in the city of destination of Labour. resettled in so that action can be taken before New Zealand. DISABILITY AND DISPLACEMENT 27 FMR 35

the refugees arrive. CCS Disability Emerging from this relatively new ■■Avoid involving too many Action staff have also worked with area of work for CCS Disability professional people – resettlement the resettlement centre to find Action are a number of new is stressful enough already. economical ways to provide better challenges, not least supporting access to its facilities, installing families who have life experiences ■■Government funding agencies features such as ramps and handrails. that New Zealanders cannot imagine. should independently contract An immediate priority will be to disability support organisations As service representatives became effect change in the provision of to work in partnership with more familiar with each other, and education for refugee children and resettlement centres. good relationships were forming youth with disabilities, as data show between Community Support Staff that they are far more likely to be ■■Resettlement centre environments and the disabled person and their referred to special schools than is should be accessible to disabled family, it became clear that needs the case with non-refugee children people, families with young assessments were not addressing and youth with disabilities. children and the elderly. ‘whole-of-life’ needs, only their need for interim support (which often Recommendations for effective Providing that service providers changed once the family were settled support: and the New Zealand government into their own home). Families did are able to learn from the different not know what was available nor ■■Involve community support communities of refugees who what they could ask for and were staff (or social workers) are resettled in New Zealand, often hesitant to ask for anything. To who have had similar life our country will be enriched by address this, a Community Support experiences in service delivery. diversity and in turn may be able Coordinator now meets the family to share with other countries prior to the needs assessment and ■■Establish contact with the family some examples of good practice. talks about what might help them of the disabled person prior in their new environment, making to any needs assessments. Celia Brandon (celia.brandon@ suggestions based on what is available refugeeservices.org.nz) is Senior – such as a wheelchair, home-based ■■Establish and maintain full Social Worker with Refugee Services support, carer support, funding for a communicaation between (http://www.refugeeservices.org.nz). vehicle or vehicle modifications. The all agencies involved. Candy Smith (Candy.smith@ discussion revolves around how they ccsdisabilityaction.org.nz) is Team can be supported in a community ■■Always use an interpreter who Leader with CCS Disability Action context rather than in segregated can communicate effectively with (http://www.ccsdisabilityaction.org.nz). facilities. CCS Disability Action service providers and the family. 1. The Taikura Trust is the needs assessment agency also now funds a full-time staff working on behalf of the Ministry of Health. member to support refugees with ■■Do not assume that all staff know disability arriving in New Zealand. about effective disability support. Failing London’s disabled refugees Neil Amas and Jacob Lagnado

Small, refugee-led community organisations are disproportionately to help her but that these have been taking the strain for supporting London’s disabled asylum seekers exceptional cases in a bigger system of health and social care support and refugees for disabled asylum seekers and Mary, a 26-year-old Zimbabwean service housed her on the second refugees that appears to have failed refugee living in London, stands floor of a building without lifts and her. It appears her case is far from less than one and a half metres with no additional support for her untypical for others in her situation. tall and walks with difficulty, a condition. As her story unfolds, result of restricted growth due to a litany of barriers to appropriate There is a significant gap in support a condition that makes her bones support is revealed. To overcome for this population, compounded brittle and vulnerable to breaking. these, she has taken great strength by the complexity of law around Each time she breaks a major from both her own spirit and asylum and disability rights and bone she faces months in hospital. determination and also from the entitlements, by their refugee- For this reason, she is terrified of emotional and practical support of a specific needs and by inappropriate stairs and other such challenges. local Zimbabwean women’s group, provision from those with a duty whom she describes as ‘aunties’ to of care. Anecdotally, it appears that It seems surprising to learn, both her and her child. She is quick disabled refugees and asylum seekers therefore, that when she first to emphasise that some individual rely on friends, family and refugee claimed asylum in the UK, the doctors and social workers have community organisations (RCOs) UK government’s asylum support also gone beyond the call of duty rather than on the extensive network 28 DISABILITY AND DISPLACEMENT FMR 35

of mainstream disability agencies, had mainly positive views, asylum therefore falling through the net statutory and voluntary, in London. seekers had experienced great in terms of overall support. With difficulties due to the complexity of mainstream providers doing little During the course of our research the law around their entitlements, to reach them and current funding it became clear that there is a confusion and lack of knowledge trends threatening to further weaken significant lack of official data, about entitlements amongst social RCOs, this gap is likely to widen. confirming the hypothesis that workers, contested responsibility this was a ‘hidden’ population. for asylum seekers with care needs, RCOs also seem to be characterised Both central and local government and a reported wilful reluctance by by organisational precariousness agencies spoken to do not keep some social services departments due to a number of interrelated accurate records of how many asylum to assume responsibility. factors. One of these is the seekers or refugees are disabled. competitive funding environment, Voluntary agencies, from large A crucial issue impacting on in which small RCOs are not only disability charities to refugee support the statutory support received disadvantaged in comparison with agencies and small community by disabled asylum seekers and larger organisations which are better organisations, either do not keep refugees is immigration status. equipped to bid for service contracts count of disabled refugee clients or With social services, as in so but also in direct competition with else use widely varying counting many areas, immigration status many other RCOs. Another factor methods. Larger disability charities appears to determine the quality is a shortage of professional staff appear to have very little contact of the support received. Despite competent in fundraising, reporting, with disabled refugees and asylum a statutory duty to assess people policy advocacy and understanding seekers, often do not know whether with disabilities regardless of their UK voluntary sector systems and or not their clients are refugees or immigration status, and provide structures, often compounded asylum seekers and are also unclear appropriate care, asylum seekers by language difficulties. This as to their rights and entitlements. appear to be in some cases refused marginalisation is likely to continue, So most of this population go to this service. In addition, the law just as the increasingly restrictive RCOs for support. There they find was felt to be applied inconsistently policy environment and exclusions assistance which is both in their own and inappropriately, with statutory from benefits and resources will language and culturally appropriate. agencies trying to offload their continue to put pressure on RCOs to responsibilities onto each other and provide a much needed safety net. Rizgar runs a very busy Kurdish with confusion about entitlements. disability support organisation from The asylum claim process itself The report recommends to one cramped room. Surrounded by posed extra challenges for disabled all statutory and voluntary piles of papers, and with worn-out asylum seekers and refugees, such organisations as well as RCOs furniture and an ageing computer, as lack of provision at asylum that they improve data collection Rizgar works seemingly around the interviews for deaf interpreting. on numbers of disabled asylum clock, and mostly alone, to offer an seekers and refugee clients and impressive depth of support, from Language is also a major barrier the nature of their disabilities, form-filling to home care, from legal to accessing mainstream support. and that mainstream disability representation in claiming benefits Although this affects refugees and organisations and local health to interpreting. This is provided on asylum seekers generally, it has a and social-care services actively a minimal budget, with volunteers disproportionate impact on those pursue joint working opportunities playing an occasional but crucial who are disabled because of their with RCOs, and vice versa. role. Rizgar’s situation is typical of probable need for good support the disability RCOs we spoke to. networks, especially if they are far Neil Amas ([email protected]) from friends and family. It therefore is director and Jacob Lagnado (Jacob. Such groups often provide a less compounds the isolation which [email protected]) is research and tangible but no less important role: disability may already cause. information officer at the Information the opportunity to meet others Centre about Asylum and Refugees from a similar cultural background, There is clearly a significant (ICAR http://www.icar.org.uk/) and engage in mutual support, for support gap between the specialist example with childcare. But RCOs refugee sector and the mainstream This article is based on research are hampered by limited resources disability sector. While RCOs play undertaken by the Information Centre and find it difficult to keep up to a crucial role, resources are over- about Asylum and Refugees and date on relevant legislation. stretched and they are falling short commissioned by the Metropolitan of comprehensively meeting the Support Trust, which wanted to Confusion about entitlements is a needs of this population. Most understand exactly what kind of barrier to access to services at all mainstream organisations are also support disabled refugees and asylum levels, and asylum support law is failing to meet these needs, because seekers were receiving and from whom. a complex area. There is a stark individuals are not being referred contrast between the experiences there, because they are confused Full report at: of asylum seekers and refugees about eligibility or because they http://tinyurl.com/ICAR-London seeking assistance from statutory are seen as inaccessible. Disabled service-providers. While refugees asylum seekers and refugees are DISABILITY AND DISPLACEMENT 29 FMR 35 Reception of asylum seekers with disabilities in Europe Ana Beduschi-Ortiz

With regard to the reception of asylum seekers in the find themselves in administrative European Union, provisions for the protection of people with detention centres. Clearly, asylum seekers who have specific needs disabilities are found in a wide range of regulatory sources. because of a disability should Full and effective participation in However, it acknowledged that a receive specific treatment or society by people with disabilities number of social rights were not assistance, adapted to their needs, implies the obligation to provide being respected in practice and that, although the Directive does not them with specific protection. because of the extensive discretionary state the extent of this. It falls EU Directive 2003/9 specifies that power granted to national authorities, to Member States to define the national legislation must take into the protection of asylum seekers conditions for its implementation, account the specific situation of was not homogeneous across the which could, in effect, remove all vulnerable people, such as those Union. The Commission emphasises substance from the obligation. with disabilities, with regard to that, even if the detention of asylum material reception conditions. In all seekers with specific needs is Social rights cases, their specific needs should be not prohibited, it should only be A number of Member States do not individually assessed. This means used as a last resort – and that its guarantee effective access to social that EU Member States should use must be duly justified. This rights for asylum seekers. Apart from provide “medical the general and rather or other necessary fluid obligation to take assistance” to asylum into account the specific seekers with particular situation of vulnerable needs. In the case asylum seekers, including of disabled asylum UNHCR /J Redden those with disabilities, the seekers, this is all the Directive does not define more necessary when the means by which the they are processed States should conform in administrative to this obligation. Thus reception centres which nothing is specified are often not adapted concerning, for example, to their specific needs. the obligation to make reasonable adjustments to Although the Directive the working environment makes it an obligation to facilitate the on Member States integration of disabled to take into account workers despite the specific situations EU’s stated commitment with regard not only to eliminating to disabled persons but also minors, is not what happens. Recourse to discrimination at work. Similarly, the elderly, pregnant women and administrative internment has been nothing is specified with regard victims of violence, Member States legitimised, legalised and frequent. to social security, although the enjoy a wide margin of interpretation This practice, which should be European Court of Human Rights in the implementation of the considered exceptional, has thus has clearly stated that nationality obligation. Although it respects become commonplace. The situation must not be the sole criterion the principle of institutional and becomes all the more worrying determining the scope of application procedural autonomy, the text of the when it concerns the reception for benefits for a disabled adult. Directive could have gone further and administrative detention in determining the content of the of disabled asylum seekers. The situation of a disabled obligation itself. It therefore leaves asylum seeker is therefore very national legislators with the duty Directive 2003/9 also specifies that precarious, even if certain basic of determining the extent of the Member States should ensure that social rights are provided for “other necessary (assistance)”. asylum seekers, when they lodge in general by the Directive. their application for asylum, have Administrative detention access to reception conditions that Ana Beduschi-Ortiz (anabeduschi@ In November 2007 an EU report “guarantee a standard of living hotmail.com) is a PhD student in confirmed that Member States had which is adequate for health the Faculty of Law of the University satisfactorily translated Directive and guarantee subsistence for of Montpellier 1 (IDEDH – European 2003/9 into national legislation. applicants” – including when they Human Rights Law Institute). 30 DISABILITY AND DISPLACEMENT FMR 35 Resettlement for disabled refugees Mansha Mirza

Over the past few decades there have been some positive outside the country of first asylum (albeit inconsistent) changes in US refugee admissions rather than resettlement.

policy as well as in UNHCR’s guidelines for resettlement, Over the years UNHCR’s official especially relating to refugees with disabilities. position on resettlement for disabled refugees appears to have Historically, US refugee admissions groups deemed ‘vulnerable’, such as changed somewhat. One indicator policy hinged on the notion of persons facing danger of refoulement, of this change is the development ‘political persecution’ and was women at risk, persons in urgent of a tool by UNHCR to help field coloured by foreign policy interests. need of medical treatment and officers and its NGO partners to This bias was addressed to some persons for whom other durable identify individuals in need of extent by the introduction of a new solutions are not feasible. Inclusion immediate intervention, especially system for determining refugee of people with disabilities in the resettlement. Initially developed resettlement priorities in 1996, priority one category has opened up as a tool to identify women at risk, whereby priorities for refugee opportunities for their resettlement the Heightened Risk Identification resettlement were revised to in the US. Tool (HRIT) was extended in 2007 to include other at-risk individuals. In its current form, the HRIT includes six categories with different heightened risk indicators and checklists for determining the cause and level of the risk and its UNHCR/R Arnold impact on individuals and their families. Disability is included as an indicator under the health needs category of the HRIT.

Disability as a factor warranting special resettlement intervention by UNHCR is also reflected in its more recent 2004 Resettlement Handbook2 which addresses how general resettlement guidelines could be applied to various categories of ‘vulnerable’ refugees. Among these, disabled individuals are subsumed under the broader category of refugees with medical needs. Despite acknowledging Refugees from Burma/Myanmar at Umpium Refugee Camp, Thailand. that people with disabilities are eligible for resettlement like all other refugees, and that in some introduce greater diversity in the Like US refugee admissions policy, cases they would need special numbers and types of refugees UNHCR resettlement guidelines for resettlement intervention, UNHCR to be resettled in the US. disabled refugees have also evolved still shies away from identifying over time. UNHCR has historically disability as a priority resettlement The new system also sought to create considered resettlement as an option category. The 2004 Resettlement an enhanced role for UNHCR and of last resort for refugees with Handbook, like the 1996 guidelines, NGOs to refer those refugees for disabilities. According to the 1996 maintains that “Disabled refugees resettlement who were perceived manual entitled UNHCR Community who are well-adjusted to their to be most vulnerable, across three Service Guidelines on Assisting Disabled disability and are functioning at a priority categories. Within this Refugees: A community-based approach, satisfactory level are generally not new system, ‘Priority one’ – which “it is more advisable to help the to be considered for resettlement.” had previously been reserved for integration of the disabled in their emergency cases – now includes own communities.”1 Even in the In the past, UNHCR has made persons facing compelling security context of inadequate local resources attempts to encourage resettlement concerns in countries of refuge. in the country of first asylum, the countries to accept disabled People with mental and physical 1996 guidelines recommended refugees and those with special disabilities are included in this alternative solutions such as medical needs. One such attempt category along with other refugee temporary medical evacuation was the establishment of the ‘Ten DISABILITY AND DISPLACEMENT 31 FMR 35

or More’ plan in 1973 whose aim However, locating disability within resettlement, making it a potential was for resettlement countries to the medical and health-related needs trailblazer in this regard. In order accept – annually – ten or more category harks back to the medical to encourage other resettlement (later, twenty or more) persons model of disability, which has long countries to follow the example of with disabilities, plus their families, been decried by disability activists for the US, a good starting point would who might otherwise not meet reducing the experience of disability be to add disability issues to the admissibility criteria. At the time to biomedical explanations and for agenda of the Annual Tripartite of writing, Denmark, Norway and focusing exclusively on remediation Consultations on Resettlement New Zealand were either following of individuals rather than correcting that UNHCR, resettlement this policy or had some alternative discriminatory societal practices. countries and NGOs have been quota for admission of medical/ It would be preferable therefore hosting since the late 1990s. disabled refugees. Other countries, to relocate disability out of the such as Ireland, Finland, Chile category of medical needs into a It would also be a good idea to invite and the US, were not specifically category of its own; better still, since disability rights representatives to following the policy but did consider disability is a cross-cutting issue, these meetings as they can play an refugees with medical needs as a it could comprise a sub-category important role in persuading their priority category for resettlement. under all existing categories respective governments to open up At the same time, some countries considered vulnerable – women, resettlement for disabled refugees. like Australia specifically restricted survivors of torture, unaccompanied Cost-burden arguments against the admission of refugees with minors, older persons and so on. resettling disabled refugees carry disabilities and medical needs, citing ideological implications that are cost of health care and community Secondly, it may be argued that the discriminatory against disabled services as prohibitive criteria. language of vulnerability compels refugees and disabled citizens alike refugees to present themselves in that people with disabilities are More recently, in at least one location merely as vulnerable and needy perceived as a drain on health- UNHCR used the process of group while ignoring their personal care and social service systems resettlement for disabled refugees. resources and resilience. In order with no benefits to offer to society. Group resettlement is a relatively to counter this phenomenon, some Governments of receiving countries recent initiative devised by UNHCR in the field advocate for a case- are thus exposed as paying lip to streamline the identification by-case process for determining service to disability rights within and processing of refugees being which refugees need special state boundaries while continuing considered for resettlement. While assistance rather than presupposing to discriminate against people mostly used for the resettlement refugees’ vulnerability on the basis with disabilities at the borders. of ethnic minorities among of their disability or some other refugee populations, this approach characteristic. Indeed, there could be Finally, UNHCR needs to review was used for the first time with situations where disabled refugees and clarify its resettlement policy refugees with disabilities living in are able to provide for themselves in vis-à-vis disabled refugees. Current Dadaab, a border town in Kenya. other ways and therefore do not need policy is confusing at best and gives In 2005, UNHCR launched the special resettlement assistance or the impression that UNHCR favours ‘Disabled Refugees and Survivors prioritisation. However, eliminating resettlement for disabled refugees of Violence Profiling Project’ in the disabled refugees as a sub-group only as an option of last resort. This Dadaab refugee camps. Some 5,500 whose access to resettlement position might serve as a deterrent individuals were screened through opportunities warrants special and a source of confusion for field the project, of whom approximately attention would be premature in officers. The wording of the policy 2,000 disabled refugees and their the face of existing discriminatory should spell out equal access to families were identified as meeting practices of resettlement countries. resettlement for disabled and non- UNHCR’s resettlement criteria and Evidence from the field indicates disabled refugees while situations were mostly resettled in the US.3 that disabled refugees do not have where people with disabilities will be equitable access to resettlement prioritised for resettlement should be However, it appears that this opportunities on a par with specified. Disabled refugees living in endeavour was neither well- non-disabled refugees. While refugee camps should be made aware documented by UNHCR nor this might not make all disabled of their eligibility for resettlement systematised for replication in the refugees vulnerable, it does and positive examples should be future, thereby creating significant marginalise them within existing documented so that they can be information gaps for field officers resettlement policies. And as long replicated in other refugee situations. as well as for disabled refugees as this marginalisation prevails, living in refugee camps. retaining a separate category for Mansha Mirza ([email protected]) is disabled refugees in need of special a researcher in Disability Studies at Lessons and recommendations resettlement assistance is vital. the University of Illinois at Chicago. Several implications emerge from the 1. http://www.unhcr.org/refworld/docid/49997ae41f.html Compared with other resettlement above. Firstly, presenting disability 2. http://www.unhcr.org/4a2ccf4c6.html as a medical issue may indeed allow countries, the US is not only open 3. See Women’s Refugee Commission (2008) Disabilities UNHCR and collaborating NGOs to resettlement of disabled refugees Among Refugees and Conflict-Affected Populations http://www.womensrefugeecommission.org/programs/ to establish urgency of resettlement but also identifies people with disabilities intervention for disabled refugees. disabilities as a priority category for 32 DISABILITY AND DISPLACEMENT FMR 35 Brokering the culture gap Rooshey Hasnain

Although refugees who enter the United States are encouraged needs of refugees since they may to integrate into American life, many struggle to navigate the be promoting concepts and values that are foreign to newcomer country’s service delivery system, especially those with disabilities. groups. Therefore, many US-based On 31 July 2009, the United States of disability and rehabilitation refugees may be less likely to seek, finally joined 141 other countries services they could benefit from request or accept assistance from in signing the UN Convention if access were better facilitated. mainstream service providers. on the Rights of Persons with Disabilities (CRPD), the most Gap in research A 28-year-old Iraqi refugee recently comprehensive human rights treaty Little is known about the impact of arrived in Chicago with his sister. He of the 21st century. Although most disability on the refugee experience has a physical disability that prevents disability service agencies in the US and few refugee organisations or him from climbing or descending theoretically include individuals disability service providers capture stairs on his own, yet he is housed of all ethnic, racial, cultural and data on this group. In the US, the in an upstairs apartment. He needs linguistic backgrounds among their goal of both community-based assistance to get down the 40 steps clients, few service providers are refugee agencies and the mainstream from his apartment, and he cannot proactive in reaching out to refugee disability and rehabilitation systems climb the stairs at the resettlement communities. At the same time, is to reach out to under-served agency, which prevents him from many service providers in the general groups, yet refugees with disabilities attending English language classes disability sector lack knowledge of remain hidden and socially excluded. or having access to other resources how refugees from a given country or One often overlooked strategy to and activities. He is unaware of culture perceive their disabilities, and improve this situation is for providers the vocational rehabilitation and how these perceptions influence their and researchers to encourage training services available to him. aspirations. Little attention is paid refugees with disabilities to share to disability in refugee communities their resettlement experiences and in the US, and even less information Because few programmatic initiatives their needs, aspirations and capacities and data are available about their are currently in place to respond via community educational forums particular lived experiences. to refugees facing individual or and dialogue. This information may multiple barriers, it is critical that help providers to better understand Cultural and institutional barriers future research address methods their unique challenges and therefore Preliminary inquiries with US- to identify such individuals and to be better able to connect refugees based service providers in the two provide a framework to link them with disabilities to the same type key sectors – refugee resettlement with disability service providers of life opportunities available to and disability support systems – and systems. The growing influx refugees without disabilities – suggest that the lack of assistance of refugees to the US means that thereby also empowering them. given to refugees with disabilities the agencies providing services to can be traced to various barriers them need additional resources Building partnerships between refugees and US service and capacities. Even when To address this service and research providers. In general, they typically resettlement agencies succeed in gap, refugee-serving agencies, stem from language/literacy linking refugees with disabilities along with academics, training barriers, or cultural barriers at the to services, their staff members are and research centres, hospitals and community and systems levels. As often insufficiently familiar with the disability groups, are increasingly a result, many refugees miss out available or appropriate options. forming partnerships and facilitating on disability benefits and services dialogue about the meaning of available to them, which in turn In addition to the systemic barriers, disability in refugee communities. leads to isolation, limited life options US disability agencies often promote Through these partnerships, the and a diminished quality of life. values and ideologies that differ various groups serve as cultural from those of the refugees, as the brokers, linking their refugee A key aspect of the problem is that agencies are highly influenced by clients to the specific disability and service providers in both resettlement the values, policies and goals of the rehabilitation supports, such as and disability support sectors mainstream middle-class white US mobility aids, vocational counselling currently have few culturally and culture. For instance, US culture and rehabilitation planning, family linguistically relevant methods for is highly individualistic and its support, job training, recreation collecting information from, and emphasis on personal autonomy and and post-secondary education. In data about, refugees with disabilities. independence contrasts strongly general, newcomer refugees under- Without such data, many US with the beliefs of many refugee utilise these services because of organisations serving refugees with groups, which emphasise family the awareness gap between the disabilities are not fully aware of and interdependence. As a result, two sectors. However, training and their specialised challenges, needs disability professionals often miss capacity-building programmes are and capacities, and/or of the range opportunities to address the unique now enabling refugee communities DISABILITY AND DISPLACEMENT 33 FMR 35

to be partners in the development of of culturally relevant outreach services, in research and in providing and relational strategies that training. For example, refugees can help to improve access and with disabilities, their families or opportunities for this group. other community members may be invited to take part in advisory While newly arrived refugees committees or to act as consultants to with disabilities need discuss conceptual differences across information and services to languages, setting the programming help them integrate in their needs and agenda for cross- new country, they often cultural disability-related issues. face daunting challenges on multiple levels due to Such initiatives are already taking differences in culture and place in various parts of the US, language. The multicultural including Massachusetts, Colorado brokering framework can and Illinois. In various urban, rural help providers, community and suburban communities in these groups, and systems of different areas, refugee agencies are increasing cultural backgrounds act their efforts to connect their refugee in creative ways to support clients to disability and rehabilitation individuals with disabilities, services that could help them reduce barriers and negotiate become integrated into American positive outcomes. life. These unique partnerships all Rooshey Hasnain Rooshey play a critical key role in brokering Despite the dramatic increase in connections for refugee clients numbers of refugees arriving in Young girl with cerebral palsy receiving community- who have disabilities, thereby the US in recent years, the issue based rehabilitation assistance. reducing the inequities they face. of disability among refugees remains poorly researched Multicultural brokering and documented. Therefore, ■■conduct and evaluate multicultural Through such capacity-building US-based researchers need to: brokering interventions with partnerships, service providers refugees with disabilities and are now being trained to use the ■■collect substantially more specific their families to develop a body Multicultural Brokering (MB) data on the status of arriving of evidence about this approach model1 as the framework to work refugees with disabilities across with marginalised and vulnerable many areas (employment, ■■investigate current policies and groups, including those with education, assistive technology practices relating to refugees disabilities. Disability and refugee access and therapies) with disabilities to identify what providers have begun using MB to is working and what is not. look at the cultural issues they face ■■conduct more interviews with in their work with refugee clients refugees with disabilities who To be effective, both disability who have disabilities, and with their have had successful experiences and refugee resettlement systems families. In this model, a cultural with disability and refugee must be proactive rather than broker or mediator acts to bridge service agencies, in order to reactive in providing culturally the cross-cultural gap between the develop a knowledge base and linguistically suitable services service provider and client when that can serve as models for and supports to meet the complex problems arise, using various types other agencies and systems needs of US-based refugees with disabilities. It is important for refugee communities, researchers, In Minnesota, a Somali family with a The cultural brokers also facilitated service providers, practitioners six-year-old son with autism was initially new connections between the refugee and policymakers in the disability unwilling to seek community support families and disability service delivery sector to bring the voices of because Somali culture often attaches sectors by educating the Somali refugees with disabilities to the great shame to having a child with a community about disability through the forefront of US-based research disability. Cultural brokers and other medium of English language courses and policy development. individuals involved in the case worked at the local community agency. As a to help the family in a variety of ways. result of these efforts, the family’s Rooshey Hasnain (roosheyh@uic. For example, the family was helped attitude regarding their child’s edu) is Project Director of Capacity to meet other Somali families in their disability shifted from embarrassment Building projects and Visiting Research neighbourhood who also have sons to openness. The family is now more Assistant Professor, the Department and daughters with autistic spectrum engaged in a network of similar of Disability and Human Development, disorder and who, though they had families in the community who Center for Capacity Building on initially been reluctant to seek outside receive appropriate rehabilitation and Minorities with Disabilities Research, help, were now willing to meet with behavioural services for their children University of Illinois at Chicago, USA.

other families and act as role models. with autism spectrum disorders. 1. For more information, see http://cirrie.buff lo.edu/ cdresources.php 34 DISABILITY AND DISPLACEMENT FMR 35 Education access for all Helen Pinnock and Marian Hodgkin Despite the challenges and barriers experienced by displaced learners with disabilities and the evident need for further “I have now realised all children are the same and need to be human and financial resources, inclusive education in crisis appreciated. My encouragement to contexts is possible. parents who have disabled children like mine is to appeal to them not to According to the International with disabilities in emergency hold them in solitary confinement Disability and Development response is the fear that inclusion is but instead to embrace reality and Consortium, at times of emergency ‘too difficult’ in a crisis – and thus strive to give them the best in life.” and displacement children with no action is taken. It is important (Father of Ranya, a six-year-old who disabilities are exposed to greater to make clear that committing to has been attending a school for two risk of being separated from their inclusion is not about demanding years in an IDP camp in Sudan)1 families or being unable to escape the impossible or reaching for from danger, find their way to unrealistic goals but rather about safety or identify their families. allowing the principles of inclusion to attend school. And families Furthermore, children and young to inform all work, asking who is may feel that their children with people who previously had access to currently excluded from learning disabilities will not be able to support services and may have used and participation and what all of us succeed in a conventional school. assistive devices or mobility aids can do to improve the situation. may lose these during displacement, Contexts vary hugely and further reducing their previous level Challenging attitudes and humanitarian actors should work of functioning and independence. breaking barriers hard to avoid assumptions. For When examining the challenges to example, case studies collected Education can play a protective role ensuring that people with disabilities among disabled people displaced in emergencies, providing key life- have access to education in crisis, it by conflict in Mozambique found saving messages and a safe space is important to consider attitudinal that there was strong community for children and young people and environmental barriers as support for inclusion throughout the to gather and receive care and well as demand and supply. crisis. Many families in flight carried support from responsible adults. disabled people with them over When communities are displaced, long distances, despite experiencing The need to provide inclusive services school facilities may be less accessible greater risk and hardship as a result. at the outset – and guidance to do and the journey to school may take so – has been recognised. Through longer and be more dangerous or Humanitarian needs assessments a process of consensus over what simply less familiar, meaning that should always ask any stakeholders the guidance should be, the Inter- children with disabilities are likely to simple questions focused on Agency Network for Education in stay at home. Often when schools are inclusion, such as: “Who was most Emergencies’ (INEE) handbook, damaged or just not well maintained, excluded from education before Minimum Standards for Education: children or young people with the emergency?”, “Who is most Preparedness, Relief, Recovery2, provides disabilities are disproportionately likely to be most excluded now, guidance on holistic education in affected, as access to classrooms and why?” and “What are the best crisis and post-crisis contexts and may be difficult, appropriate seating estimates of the numbers of the a common framework for design, may not be available or sanitary people thus affected?” Assessors implementation, monitoring and facilities may not be accessible, which should always ask specific questions evaluation as well as for advocacy can be particularly problematic for about the situation of disabled and policy formulation. The INEE girls. Furthermore, teachers may people and, if it is possible, talk Minimum Standards is an official be unwilling to accept disabled to people with disabilities and companion to the Sphere Project’s children in the classroom if they disabled people’s organisations. Minimum Standards in Disaster are considered a burden, disruptive Response handbook3, and has or unable to learn. Some teachers Those working on planning and recently been updated; inclusion is assume that they need special budgeting should recognise that now a key issue that is mainstreamed training to support disabled children. there will be a number of disabled throughout the INEE handbook. (and otherwise excluded) people Where families are unable to pay who will need certain barriers to be While it is important to have clear school fees or buy the necessary removed if they are to participate legal and normative standards to supplies, they may give priority in services. If budgets need to be hold governments and humanitarian to children without disabilities. set before the most marginalised agencies to account, steps need to be Some children with disabilities people’s needs have been confirmed, taken to make them a reality. One are more likely to be kept at home, a flexible ‘inclusion’ budget line of the barriers to making progress possibly even hidden from outsiders, should be built in. At the very least, on protecting and including people and therefore are unlikely estimates that around 10% of the DISABILITY AND DISPLACEMENT 35 FMR 35

target population are likely to have in particular assisting those volunteers with the awareness had a disability before the crisis with limited mobility. that working for inclusive should be used to cost support for education is something that disabled people’s access to services. ■■Work with disabled people’s everyone can contribute to. organisations and parents to After the initial assessment, identify reasons why families ■■Make inclusive assessments, emergency interventions should are resisting education for their programme design, monitoring factor in sufficient time to secure children – and engage them to and evaluation standard more precise information on issues work with teachers on issues of practice, challenging the facing excluded people, and then discrimination, or even assist in invisibility of disabled or other develop appropriate interventions. classrooms where appropriate. excluded and marginalised children and young people. In Pakistan in 2005, after widespread ■■When (re)building school facilities, displacement caused by the Kashmir consider how to introduce more ■■Encourage donors to provide earthquake, Save the Children inclusive buildings with ramps, dedicated funding lines for Sweden established community increased natural lighting and work with the most excluded, education councils linked to flow of air, and white walls recognising that costs per rehabilitated schools. Each school to help children see better. beneficiary may be higher. council included at least two children, who were asked to report who was ■■Incorporate inclusive education ■■Require agencies to report on not in school and why they thought messages in teacher training (which inclusion – both positive and these children were absent. The will often be planned as part of an negative aspects. INEE’s experience school councils found that often girls emergency education response) is that inclusive education efforts and children with disabilities were and advise teachers and volunteers are often documented but agencies kept at home because their families how to manage diverse classes are often understandably reluctant thought that going to school was not through seating arrangements, to record whom they fail to reach. safe or that these children would not buddy systems or the development Identifying and acknowledging benefit from education. Communities of low-cost inclusive teaching shortcomings helps others to were worried about unfamiliar and learning materials.5 learn and is an important step routes to school, often through to giving excluded people the unsafe territory. Parents of disabled ■■Highlight the inclusive things visibility they need if they are children feared their children might that teachers, the education to ever experience inclusion. receive serious injury or get lost. programme and/or the community INEE’s Inclusive Education and Without open-minded investigation, are already doing in order to foster Disability Task Team includes such reluctance to send disabled the desire for improvement. representatives from a range of UN children to school could have been agencies, international and national interpreted as traditional resistance In contexts of displacement the NGOs and academics. The Team to inclusion, rather than stemming learning environment is usually supports the INEE membership and from practical concerns. Once the not ideal for anyone, regardless of the work of the Education Cluster children had been identified, the whether or not they are disabled. in improving the information community education council Investing effort in improving the management systems, capacity developed plans to make it easier for accessibility of classrooms, ensuring building and technical guidance them to come to school and to have safety to and from school and available to those working to a positive experience once there.4 providing teachers with inclusive provide education for learners with teaching techniques and support is disabilities affected by displacement When barriers to inclusion for likely to improve the provision of and crisis. To find out more, or to children and young people with education for every learner, create a join, please email the authors. disabilities have been identified, more pleasant environment to teach education practitioners can work in, and result in more participatory Helen Pinnock (h.pinnock@ with communities and local and inclusive communities. savethechildren.org.uk) is an education governments to exploit opportunities advisor at Save the Children UK and Conclusion and recommendations presented by the emergency to convenes INEE’s Inclusive Education encourage change to exclusionary Education in emergencies is still a and Disability Task Team. Marian practices and attitudes: relatively new humanitarian sector, Hodgkin ([email protected]) is and structures, capacities and tools INEE’s Coordinator for Network Services ■■When developing a back-to- are still being developed. There are (http://www.ineesite.org/inclusion/). school campaign with the thus opportunities to find ways of local community, emphasise working to ensure that those who are 1. Quote provided by World Vision in INEE Pocket Guide to Inclusive Education 2009, available at that every child has the same currently excluded are sought out and http://www.ineesite.org/inclusion rights to education and that included in emergency response: 2. http://tinyurl.com/INEE-Standards sending all children to school 3. http://www.sphereproject.org is appropriate and safe. ■■Demystify the idea of inclusive 4. Case Study from the INEE Pocket Guide to Inclusive Education 2009, p14. education for those working 5. Look out for forthcoming INEE Pocket Guide to ■■Arrange rotas of adults to in emergencies, and empower Supporting Learning for People with Disabilities. escort children to school, all teachers, staff, officials and 36 DISABILITY AND DISPLACEMENT FMR 35 Services and participation in Yemen UNHCR/A Saeed Aisha M Saeed Assessing the needs of refugees and asylum seekers with disabilities has traditionally been much neglected in refugee assistance programmes. Assessments in Yemen have highlighted shortcomings in service provision and enabled local actors to prioritise accordingly.

Yemen receives thousands of service provision for children with refugees and asylum seekers each disabilities and recommended that: year, due to its strategic location, and is the only country in the Arab ■■Children should be referred Peninsula that is signatory to the to specialist doctors in Aden 1951 Refugee Convention and the or specialists should be sent 1967 Protocol. However, Yemen does into the camp to identify their not have national refugee legislation need for assistive devices and or an asylum policy or institution other medical assistance. High chair for refugee child made by persons to deal with issues relating to with disabilities enrolled in vocational ■■ training run by the Association for Developing refugees and other asylum-seeking Relevant capacity building should People with Special Needs, Aden. populations in the country. Refugee be provided for an increased and other asylum-related matters number of community workers. are mostly governed by different devices and an absence of any provisions of national laws. ■■Children should be allocated income-generation projects or among community workers vocational training schemes targeting Out of the total 170,000 Somali according to their disability refugees living with disabilities. refugees registered upon arrival, and the capacity of the workers, The report also showed that as of the end of 2009 about 13,000 not according to their place community-based rehabilitation were living in Kharaz camp, 24,000 of residence in the camp. workers (CBRs) and social workers in the capital, Sana’a, and 15,000 in are not adequately trained to assist the urban area of Aden. The rest are ■■Children’s eye problems in refugees with mental disabilities. either scattered elsewhere in other particular should be addressed. governorates or have left the country. Services for refugees In collaboration with the Women’s with disabilities Refugees with disabilities in Refugee Commission and UNHCR, Current activities focus on Kharaz camp and in the urban the Association for Developing counselling by CBRs and social area of Aden are identified by Persons with Special Needs (ADPSN) workers, partial social assistance several UNHCR partners but by – a local association serving people to the most vulnerable disabled no single methodology. ADRA with a variety of disabilities – refugees and limited medical uses socio-economic assessments conducted a participatory assessment attention. However, there is no and Intersos uses the Heightened survey in Kharaz camp. This comprehensive multi-sectoral Risk Identification Tool (HRIT), involved structured and semi- approach which takes into account which unfortunately does not structured group discussions with the varying forms of disabilities provide sufficient information to refugees with disabilities of various and the need for mainstreaming enable a distinction to be made genders, ages and ethnicities, family the needs of refugees living with between sensory impairments and members of children with disabilities, disabilities into all programmatic mixed disabilities, nor is disability implementing agencies’ staff and activities in the various sectors. included as an indicator under the community representatives. other risk categories (i.e. women Furthermore, refugee children living at risk or older persons) but only The survey highlighted numerous with disabilities face numerous under health needs and disability. shortcomings in interventions obstacles in both camp and urban targeting refugees living with settings which severely hinder their Save the Children Sweden identified disabilities. These included access to education, starting with lack children with disabilities in Kharaz inadequate referral for specialised of physical access to schools as most camp through door-to-door surveys. treatment, lack of any optical or schools do not have wheelchair ramps Carried out in collaboration with the hearing health services (despite and many children with disabilities Yemeni government’s Office of Social significant numbers of refugees live far from the schools. Refugee Affairs and Labour in Aden, these suffering from visual or hearing children with visual and hearing highlighted many shortcomings in impairments), a lack of assistive impairments do not have assistive DISABILITY AND DISPLACEMENT 37 FMR 35

devices and there is a lack of qualified disabilities indicated that people preventive measure, UNHCR and teachers trained in addressing with disabilities are perceived as WFP want to address the need for the educational requirements of a burden on the community. None additional commodities to be given refugees living with disabilities. of them is a member of any of the to children, given the high rate There are no classes for children committees or sub-committees in of chronic malnutrition amongst with learning difficulties in any of the camp. They are not involved children which has an effect on the schools which serve refugees. in any planning or programming. the development of the brains of Information is transmitted to people these children. Special education ADPSN signed an agreement in 2009 to become a UNHCR partner. This agreement

enabled refugees with UNHCR/A Saeed disabilities to have easy access to rehabilitation services, such as physiotherapy, assistive devices and vocational training being provided by ADPSN in a government centre it supervises for the rehabilitation of people with special needs. It also provides capacity building such as training in early intervention for agency staff (including camp CBRs), training of trainers on awareness of disability for school staff and a course on physiotherapy for medical staff from Aden and the camp. Computer literacy class offered by the Association for Developing People with Special Needs, Aden.

CBR work in the camp is supervised by Save the with disabilities through elders, for children with disabilities in the Children Sweden and is implemented residential block leaders, CBRs, camp remains a challenge, especially through the combined efforts of clinics and social workers. The first those with intellectual disabilities. disabled children, their families, the time that two small groups of men community, schools and relevant and women took part in the annual What has become clear, however, is health, education and social services. participatory assessment conducted that running a project for refugees The main objective is to promote by UNHCR was in 2007. In 2009 the with disabilities with a local NGO the right of disabled children to project for people with disabilities that is already supervising a integrate into the community and created the opportunity for them government centre for people with their right to education and medical to meet and establish their own disabilities has the advantages care. Four CBR workers under committee in Aden and in the camp. of sustainability and low cost. close supervision from the school The head of the committee in Aden It also has a significant impact management carry out regular and UNHCR partners participated on the co-existence of refugees home visits to train families in in a meeting with ADPSN to discuss with the local population. rehabilitation exercises using the coordination and the work plan for World Health Organisation manual. 2010. The committee now participates Finally, identifying people with CBR workers also try to coordinate in the coordination meetings in disabilities must continue on a with the clinics over referral of cases Aden every month, and the two regular basis, and dependency for surgery and treatment outside the committees – in Aden and the camp among people with disabilities camp and to include children with – will be given capacity building must be addressed. disabilities in mainstream schooling. like any other refugee committee. Aisha M Saeed (saeeda@unhcr. Community participation The challenges that remain include org) is Senior Community Services and self-management the lack of job opportunities for Assistant in UNHCR, Yemen. The participatory assessment refugees in general and for those conducted with refugees with with disabilities in particular. As a 38 DISABILITY AND DISPLACEMENT FMR 35 Disability in the UN cluster system Adele Perry and Anne Héry

The cluster system offers space for raising awareness among educate major actors and attempt humanitarian actors and for putting disability on the agenda but it to put disability on their agenda. At the global level, clusters foster impairs local and cross-cutting dynamics at field level. the endorsement and promotion of The rationale for the reform of addressing the situation of the most standards and guidelines. Within the UN humanitarian system was vulnerable populations. However, the global health cluster, disability that, by clarifying the roles and as many different evaluations of indicators have been included in responsibilities among UN agencies the cluster system have shown, the essential health package and in and by trying to enhance sectoral the functioning of the clusters the health resource mapping tool. and cross-cutting coordination, differs widely from one country The global cluster should allow the the humanitarian response would to another and from one cluster to development and dissemination of be improved – providing better another, and the competence and technical expertise and best practices. coordinated and more coherent, personality of the cluster lead are Here again, the protection cluster timely and adequate assistance to key to the system’s ability to provide could be the catalyst for progress in the most vulnerable populations. an adequate and timely response including persons with disabilities and appropriate consideration of in global humanitarian response. But how does the sectoral approach disability issues. Thus the choice affect the capacity of humanitarian about which cluster to invest in Constraints and flaws actors to respond to cross-cutting for better inclusion of persons However, along with the advantages issues, for example ensuring that with disabilities and injuries in it brings, the cluster system also has persons with disabilities are taken a humanitarian response will its downsides. One of them lies in the into account in the overall response? continue to depend on the context. structure of the system itself, which slices the emergency response into Opportunities Nevertheless, the fact that the sector-oriented, top-down activities, Immediately following the start of system provides a strong incentive thereby impairing the local cross- the emergency in 2008 in Gaza, a for coordination means there cutting initiatives and dynamics disability working group was set up are increased opportunities that are essential at field level. which was then quickly turned into for accessing other operational a sub-cluster on disability within stakeholders. This is crucial for For a cross-cutting issue such as the health cluster.1 The objective enabling immediate coordinated disability, none of the individual of the sub-cluster was to share action to ensure that persons with clusters is adequate for addressing information on disability and injury, disabilities are included from the the needs of persons with coordinate action and support to local start in all sectors. In particular, disabilities. Disability should actors, raise awareness of disability this allows inclusion of disability be taken into account in shelter, among mainstream humanitarian issues in rapid assessments. A water and sanitation, nutrition, stakeholders, and advocate for cluster system that functions well health, education and livelihood better assistance for persons with also allows information and tool activities. Thus a decision to locate disabilities. The disability sub-cluster sharing on disability and provides the disability sub-cluster within the disseminated information about the best space to raise awareness of health cluster has its limitations, in inclusion of persons with disabilities disability issues among other actors. the sense that it tends to encourage in relief activities, strove to have the view of disability as a purely one representative in each cluster In the Philippines, for instance, health issue rather than as a cross- and invited mainstream agencies to Handicap International was able to cutting issue. As far as the protection attend its meetings. Most importantly, conduct awareness-raising sessions cluster is concerned, the fact that local NGOs were active participants. in the WASH (water, sanitation protection is in itself a cross-cutting and hygiene), shelter, protection issue, and a most sensitive political Several elements in this approach and health clusters, and included issue, tends to create obstacles and made it efficient; the health cluster disability in the protection rapid delays in taking immediate and functioned well and had a clear assessment tool. The grouping concrete steps to provide assistance understanding of the role of the together and coordination of actors to persons with disabilities. sub-cluster and both the lead agency can definitely give a stronger voice in the sub-cluster and its members to the affected populations’ concerns Furthermore, the creation of a sub- were active. The disability sub- and thus make it possible to lobby cluster on disability may not always cluster enabled concrete coordination other humanitarian stakeholders be the best way forward as it tends between actors operating in Gaza from a position of greater strength. to remove responsibility from other and assisted in obtaining funding actors. All in all, the amount of and directing it to local actors. Clusters provide a space for raising a time and resources that needs to cross-cutting issue such as disability be invested in cluster coordination In the field, the protection cluster at a more global and political and to work on disability is huge. generally holds responsibility for level, as well as opportunities to Leading the sub-cluster in Gaza DISABILITY AND DISPLACEMENT 39 FMR 35

represented one and a half full- time jobs during the first phase of Gaza Disability Sub-Cluster Representatives from the disability Handicap International’s response. In addition to information sharing and sub-cluster also participated in the coordination, the sub-cluster also had development of the contingency The inability of the cluster system to an opportunity to mainstream disability plans of several clusters and the meaningfully include local actors is in other aspects of the humanitarian situation of people with disabilities one of its well documented flaws. For response. Through the presence of was highlighted in potential scenarios persons with disabilities this exclusion the sub-cluster lead at meetings of related to humanitarian emergencies. can be particularly harmful since local all cluster leads, not only was the In addition, the disability sub-cluster NGOs are key disability actors, often issue of disability continually raised lead worked with the Protection Cluster developing beneficiary-oriented and but the Humanitarian Response Fund Working Group to develop a work plan essential community-based activities. application form for the Occupied for addressing the protection needs Such activities, however, are difficult Palestinian Territory now contains a of Persons with Special Needs, which to include in the cluster approach. section where applicants must outline includes people with disabilities. how disability, along with gender, Discussions have taken place within will be considered in the project. the Global Protection Working Group Moreover, during the Gaza consultation on how best to address a number meetings for the Consolidated Appeals of cross-cutting issues, including Process, the disability sub-cluster disability, but the group will need was given its own space to discuss IRIN/Suhair Karam to commit more and longer-term the needs of people with disabilities resources if significant progress related not only to health issues is to be made. Up till now the but also to education, shelter and whole humanitarian system is far psychosocial and mental health. from being disability-friendly and responses to the latest crises have The disability sub-cluster lead was shown only a little improvement. also involved in providing technical Persons with disabilities are still assistance to UNDP and UNIFEM to generally invisible at the earliest ensure that persons with disabilities stage and are excluded from the were included in post-conflict needs assessment and planning processes. assessments and research. By assisting in the design of questions It is time for cluster leads to take for focus groups and surveys, and responsibility for mainstreaming ensuring researchers were sensitised disability; it is not only about to disability issues, the disability sub- Jamila al-Habbash, 15, lost both her legs in a missile strike in eastern Gaza. She receives disseminating guideline and tools cluster was instrumental in ensuring training to wear her artificial legs at the but about being more efficient, that good quality data was gathered. Artificial Limb and Polio Centre in Gaza. more practical and addressing the realities of persons with disabilities.

Recommendations disability cluster and also to report cutting issue to be included in A dedicated sub-cluster is on the activities of the other clusters the design of all projects. relevant where there are large to the disability sub-cluster. Where there is no formal numbers of persons with injuries disability sub-cluster, a dedicated or disabilities such as Gaza or ■■Ensure that disability is included disability focal point or team Haiti. In such situations: in rapid assessments in the initial of people should be employed stages and dedicate time to to ensure implementation of ■■Ensure there is funding for a gathering more in-depth data later the above recommendations. dedicated cluster lead and through coordination with both By attending meetings of other support staff. local actors and international actors. clusters and working with the humanitarian coordination team, ■■Ensure the sub-cluster lead has a ■■Work with the humanitarian disability focal points can ensure technical background in disability. coordination team to ensure they disability is mainstreamed. are aware of disability issues and ■ ■Provide sensitisation on provide space for these issues to be Adele Perry (adele.perry1@gmail. disability in all other clusters raised in coordination meetings. com) is an occupational therapist in the initial stages through working in the field of disability for ■ presentations and distribution ■Promote the inclusion of international humanitarian and of information and toolkits. persons with disabilities in development organisations. Anne Héry the design of projects through ([email protected]) is a delegate for ■ ■Continue to raise awareness of bilateral coordination with Handicap International in Paris (http:// disability in other clusters by mainstream organisations. www.handicap-international.fr/). ensuring disability focal points are assigned to all other clusters ■■Lobby for the inclusion of 1. Health cluster information http://www.who.int/hac/global_health_cluster/en/ to report on the activities of the disabilities as a mandatory cross- 40 DISABILITY AND DISPLACEMENT FMR 35 Negotiating inclusion in Sri Lanka Valerie Scherrer and Roshan Mendis

In providing assistance to displaced people with disabilities in Sri LEADS received permission to Lanka, partnerships and negotiating skills have proved essential. build appropriate accommodation, although they did need to compromise During the final month of intense The LEADS/CBM project aimed to somewhat on the size of the shelter.1 conflict in Sri Lanka in 2009, over provide for the basic humanitarian 230,000 people were reportedly needs of people living with disabilities The whole process of seeking to forced to flee their homes because and their families: suitable emergency stay accountable to the coordination of the fighting. These new IDPs shelter and facilities, sanitation units, mechanism before building caused joined 65,000 other IDPs who meals, community cooking facilities huge delays and placed at risk had previously escaped from the and a common hall. LEADS managed LEADS’ organisational credibility northern conflict area between the the entire project on the ground, in the eyes of supporting partners end of 2008 and mid April 2009. using their local staff. CBM provided and authorities. Relationships were With such a huge influx of newly training on inclusion of persons with somewhat soured between local staff displaced people the temporary disabilities, technical and strategic and cluster members. The perception camps were overwhelmed. support, and financial support. of LEADS as an organisation was also affected by criticisms of In such a situation of displacement, Towards inclusion reluctance in coordination being as in any humanitarian situation, Emergency responses usually involve levelled at them. LEADS also found people with disabilities and their following minimum standards, with itself sandwiched between the families have the same basic needs common shelter design based on government’s wishes and maintaining as any other person but, because existing guidelines such as Sphere and coordination within the cluster. of invisibility, inaccessibility and on local contexts. Unfortunately, most marginalisation, they often slip of these guidelines are not inclusive The fact that LEADS faced these through the cracks and are not and do not take into consideration obstacles shows perhaps the lack of part of the mainstream response. the needs of persons with disabilities. awareness and agreed consensus Additionally, people with disabilities LEADS faced major obstacles in in implementation amongst may have other specific needs. building accessible settlements as the humanitarian stakeholders about cluster shelter had defined minimum the presence, rights and needs of It became clear to CBM, an dimensions for shelter construction people with disabilities. There are international NGO supporting and requested LEADS to adhere to people with disabilities in all target long-term partners working with these – but these specifications did groups and their needs and rights people with disabilities in northern not take accessibility features into are presently being ignored by Sri Lanka, that people living with consideration. Since LEADS were mainstream humanitarian actors who disabilities who were caught up in building accommodation for persons need sensitisation and training in this. the displacement urgently needed with disabilities they needed to exceed Standards and guidelines for Disaster assistance. CBM started up a the minimum standards for size. Risk Reduction and humanitarian partnership with LEADS, a local action at the international and national NGO who, in line with their mission The primary reason put forward as an levels should include standards to care for the most neglected people, argument against exceeding minimum concerning the rights of persons with included these families specifically standards was on the grounds of disabilities – and CBM continues to in their emergency response. maintaining equity and uniformity advocate at the international level for in the shelters being provided, and the Sphere standards to pay adequate LEADS, because of their long- avoiding non-conformity which might attention to persons with disabilities standing relationship with the give rise to conflict. In comparison using its partner experiences in Government of Sri Lanka, was in a with existing shelters categorised implementing inclusive emergency position to provide assistance to the as temporary and ‘emergency-type’, responses such as in Sri Lanka. IDPs in the camps, including to the these proposed designs were viewed Meanwhile, LEADS is now working large number of displaced families as being of a semi-permanent nature. to resettle these displaced families with disabled family members. Up However, in the end it was agreed that and restore their livelihoods. The till then, LEADS had not specifically a positive bias would not compromise recently constructed shelters will included persons with disabilities in equity as those with disability soon be used as rehabilitation sites. any of their work. CBM on the other required some ‘compensation’ to help Valerie Scherrer(valerie.scherrer@cbm. hand has been working for more than them cope with their difficulties in org) is Emergency Coordinator with 100 years in the field of disability, living conditions. Furthermore, given CBM (http://www.cbm.org) and Roshan supporting partners through the generally accepted preferential Mendis ([email protected]) is Executive providing strategic, technical or manner of treatment of people with Director of CBM’s partner organization financial support. Together the disabilities in Sri Lanka, it was not LEADS (http://www.leads.lk). two agencies were able to bring the seen as a major threat to harmony. relevant mix of skills, knowledge Ultimately, through advocacy 1. reduced to 13’x12’ from the original 17’x12’ but still maintaining accessibility features; average standard and capacity to the situation. efforts with local government, temporary shelter would have been about 10’x13’. DISABILITY AND DISPLACEMENT 41 FMR 35 Social inclusion: a Pakistan case-study Munazza Gillani, Mohammad Bilal Chaudhry and Niazullah Khan

An inclusive approach to water and sanitation provision can takes care of her needs but at the facilitate good hygiene behaviour, improve self-reliance and reduce same time she considers herself a burden to them. She feels as if she the prevalence of many preventable diseases. is living in a cave in the camp, her In 2009, following violence in regarding different disability issues independence lost. She cannot go northwestern Pakistan and the and possibilities for independent anywhere alone – to other tents, flight of some two million people living, b) poor accessibility of water streets, water points or latrines. from their homes, Sightsavers and sanitation facilities, and c) poor Everything is unfamiliar to her – a undertook a rapid assessment in hygiene and health conditions. major hurdle to her mobility – and Jalozai IDP camp (NWFP Province). she has not yet adjusted to these Assessors identified 188 persons Sanitation facilities in the IDP camps changes. Only once during the last with disabilities. Of these, 49% cater for people in general with no year has she ventured out of her had mobility difficulties, 24% were special recognition of the challenging block to meet relatives with her blind or had poor vision, 9% were access for some vulnerable groups family. She spends all her time in the hearing- and speech-impaired of people, especially persons with tent or in the block of ten tents. For and 18% had an intellectual disabilities and the elderly who her daily sanitation needs, Sakeena disability or multiple disabilities. are currently unable to access any is dependent upon her eldest sister- sanitation facilities. The existing in-law. They have constructed a In collaboration with its partner, latrines, washrooms and drinking mud wall around their tents to Human Resource Development water points present a constant cover and protect them from cold Society (HRDS), and with the challenge to these persons, leaving and rain and to give them some financial support of the Overseas them with no alternatives but the privacy – but there is little dignity Aid Committee of the Isle of Man use of unhygienic and undignified for Sakeena, and little possibility government, Sightsavers initiated a alternative arrangements at home. of good hygiene and cleanliness. project to improve the social inclusion of people with disabilities through Confined to home Initially, the community was not promoting accessible water and Sakeena Bibi is in her sixties and ready to adopt hygienic sanitation sanitation facilities and appropriate has been blind from birth. She is practices as they were used to open health/hygiene conditions. Their unmarried and lives with her sisters- defecation. HRDS first introduced initial needs assessments had in-law, brothers, nephews and nieces. ventilated improved pit (VIP) latrines indicated: a) lack of awareness She is happy that the whole family and then introduced accessible latrines and washing facilities for persons with disabilities, and made water points Sightsavers more accessible. The accessible latrines have been constructed close to the living areas of people who are blind or disabled. They are exclusively for use by people with disabilities, and every disabled person has got a key to the latrine. To improve visibility, the door and door handle have been painted in sharp colour contrast. The water points and taps are also painted in bright colours to make them more visible for partially sighted people, and the height of the water points

Sakeena Bibi with her nephew 42 DISABILITY AND DISPLACEMENT FMR 35

has been altered to make them In addition, Sightsavers screened accessible for wheelchair users. the camp population for eyesight problems, providing spectacles Sakeena and other disabled and where appropriate. Through all elderly IDPs have been taught how these interventions, Sightsavers to use the new, accessible latrines. and its partner HRDS have learned Sakeena’s tent is quite close to to adopt a broader perspective of one of the new accessible latrines, inclusive community development and now she can go there on her in the context of accessible water own, using her white cane. They and sanitation facilities. have also received hygiene kits which – as the different items have Munazza Gillani (munazza@sightsavers. good colour contrast – are user- org.pk), Mohammad Bilal Chaudhry friendly for people with poor vision. ([email protected]) and Niazullah Camp residents have also been Khan ([email protected]) work encouraged to attend awareness- for Sightsavers, Pakistan Country raising sessions on disability and Office (http://www.sightsavers.org). Sightsavers rights of persons with disabilities. In-house (dis)ability Safak Pavey

In May 2007 UNHCR established an internal working group to look competent and specialised colleague at developing in-house policies for people with disabilities both for on the basis of their disability.

the benefit of people of concern to us and for staff members. We had to challenge the UN-wide Under the assumption that one of Persons with Disabilities? How medical clearance system to cannot do anything for others unless prepared and willing was UNHCR recognise a colleague’s functionality applying the same rules at home, I for the “shift from the medical with a disability recently acquired in am convinced that the UN system, to the social and human rights the line of duty to allow that person including UNHCR, cannot provide model of disability”1 as a principle to return to work as they wished effective services for displaced people embedded in the Convention? instead of being pensioned off. We with disabilities unless the principles also tried to reverse appointment are applied equally in-house to its These questions were difficult then decisions for colleagues who were staff and work environment. Simply and are no easier to answer three assigned to positions that they could put, it is a question of practising at years further on. We rapidly realised not perform with their particular home what you advocate abroad. that any policy initiative would disability. And we had to overcome need to address issues, some quite our security restrictions to allow Our working group was multi- complex, existing across the UN wheelchair-using staff or visitors to disciplinary in nature and included system relating to infrastructure, access UNHCR headquarters through colleagues from many parts of the UN-wide insurance system and an alternative entrance. the organisation. When it first security restrictions, UNHCR’s started the process of developing rotational work policy, access to Parallel to this work, our team a ‘disability-confident’ workplace medical facilities, workplace safety decided to establish an inventory and employment policy, three and budgets. We agreed, however, of relevant policies that UNHCR main themes emerged: that measures could be taken had in place – the number of immediately to protect the privacy policies that could be used to the 1. How does UNHCR address the and dignity of staff members with benefit of staff members with needs of colleagues who become disabilities; interim solutions could disabilities (for example, flexible disabled in the course of their be found to allow them to continue working arrangements). We could careers? working effectively, perform their then develop some standards daily duties and have an opportunity and guidelines, in consultation 2. How disability ‘welcoming’ and to develop their careers. With this internally and with counterparts ‘confident’ an employer is UNHCR in mind we started working on in other UN agencies as well as in the recruitment and retention of some specific, individual cases with respective national specialist staff members with disabilities? which varied from a field office not bodies and civil society entities. allocating the small amount of funds 3. How aware were UNHCR necessary to make a basic technical Within the UN family, ILO turned staff, particularly those at the adjustment to enable our colleague out to be the most progressive and decision-making levels, of the to perform one of their core duties, to was then the only UN agency that principles and rights enshrined having to fight against a manager’s had already introduced relevant in the Convention on the Rights prejudice against appointing a fully- employment policies and guidelines. DISABILITY AND DISPLACEMENT 43 FMR 35

they said that they ‘universal design’ principles were were ‘invisible’ in applied. Taking the UNHCR their communities emergency kit that is deployed in during his visits every crisis where we intervene in the

UNHCR/S Hopper to various refugee world, the design experts and I tried settlement areas to open it and set up various items in and told us ironic the kit – but none of the items, from anecdotes about tent to emergency first-aid kit, could the inaccessibility be opened or set up by a disabled or of the offices of female person. Everything seemed specialist disability to have been designed for a full- NGOs in the strength young male. How then refugee camps. are vulnerable, injured people or humanitarian workers with less After hard strength supposed to access these work and a lot products and services, especially in At the 4th meeting of the Inter-Agency Support Group (IASG) for the Convention of patience, by the midst of the confusion during on the Rights of Persons with Disabilities, Onny Eikhaug, Programme Leader December 2008 an emergency? If these products and for ‘Design for All’ at the Norwegian Design Council joins Safak Pavey, UNHCR we had both our services were designed according Public Relations Officer, and Rama Gheerawo, inclusive design research fellow from Royal College of Arts in the UK, in evaluating UNHCR’s Emergency Kit operational and to universal design principles according to disability accessibility design standards. November 2009. staffing policies and procured or purchased with approved and the inclusion of disabled people officially issued then they would have been They had a specific unit to work in-house. It was also stressed that accessible for all at no extra cost. on disability-related issues with an both managers and staff need to be expert team. In cooperation with more aware of disability issues and However, we have come a long way them and using their policy as an contribute to confidence building. over three years of trying to adapt example we started developing ours, our work space in UNHCR to the with some adaptations to account In response to the concerns that the principles of the Convention on the for the peculiarities of UNHCR. policy would not be effective without Rights of Persons with Disabilities. resources, we had prepared a follow- UNHCR is actually now one of the We agreed that policy development up action plan, which included some few more progressive UN agencies and implementation in this area pilot projects with experts such as: in this area, perhaps because our would have to be progressive an Internship Scheme, a Disability staff are relatively familiar with (although any new offices could Mentoring Scheme, a Disability- real-life disability-related issues be provided with sufficient Friendly Workplace and Disability from field experiences and are information to establish appropriate Standard Survey, and a Staff Training flexible and practical as a result. standards from the outset). In Module (‘Championing Disability this regard, in-house awareness in the UN workplace’). Our working But there is still so much to do. raising and advocacy promoting group also stressed that there are While acknowledging the in- good practices was highlighted ways to implement the policy without house goodwill and support, as an opportunity, and it was a lot of resources. But a year and a if we really want to achieve suggested that appropriate inputs half later, we have still not reached something concrete in this area be made during the consultation the point of implementing specific then we need to allocate specialist process with external partners. actions in accordance with the basic attention, resources and staff to it. principles we had agreed – such It is time that the UN family, from Moving forward as making the recruitment process bottom to top, institutionalised We organised some discussions more encouraging for qualified this process. This would mean and seminars with the invaluable disabled applicants or carrying that disabled people would be support of some prominent external out pilot building modifications. represented proportionately and individuals and organisations. good practice can be created afresh At a special event to mark the At a meeting of the Inter- for others to aspire to and follow. International Day for Persons with Agency Support Group for the Disabilities in 2007, Gil Loescher implementation of the Convention Safak Pavey ([email protected]) is shared a frank account of learning to on the Rights of Persons with Senior Regional Communications live with his disability acquired in the Disabilities hosted by UNHCR officer with UNHCR and a Worldwide suicide bombing of the UN building in 2009, we arranged for experts Associate of Employers Forum on in Baghdad in 2003. He noted how to give presentations to us about Disability (http://www.efd.org.uk). his own harrowing experience had how in the real world the concepts 1. Understanding disability as a result of the interaction helped him to understand better of accessibility of the workplace, between environmental factors and persons with what disabled refugees meant when reasonable accommodation and impairment, rather than considering disability to reside in the person.

Resources on disability and displacement See RSC’s Forced Migration Online resource summary at http://www.forcedmigration.org/browse/thematic/disability/ 44 DISABILITY AND DISPLACEMENT FMR 35 The case for a Conclusion Brendan Joyce

Why support UNHCR’s proposed ExCom Conclusion on Disability? very limited definition provided in the 1951 Refugee Convention. Conclusion The current understanding of trauma and offers resettlement as a 107 introduced a number of accepted disability, known as the ‘social protection tool only when a person child protection principles, such as model’, holds that the root causes of is “in need of specialised treatment ‘the best interests of the child’, to the the disadvantages experienced by unavailable in their country of refuge.” refugee law discourse. Conclusion persons with disabilities do not lie with By contrast, UNHCR’s Handbook for 105 led to the 2008 Handbook on the individuals or their impairment but the Protection of Women and Girls, Protection of Women and Girls and rather with the discrimination inherent published in 2008, comprehensively the establishment, by the Centre in facilities which are not accessible, discusses disability and reflects for Refugee Research which was attitudes which fail to recognise current approaches to disability.2 involved significantly in the creation the rights, capacities and dignity of of the Conclusion, of an advocacy and persons with disabilities, and a system At the time of writing (May 2010), monitoring body for the protection which fails to notice and account for following extensive lobbying,3 a draft of refugee women and children. variation from the ‘ableist’ norm. text for an ExCom Conclusion on Conclusion 105 even led to a target of ‘the protection of and assistance to 10% of resettlement places for women Advocacy efforts by disabled persons, asylum seekers, refugees, stateless at risk. Each of these Conclusions disability NGOs and disabled persons and displaced persons of concern to addresses a gap in the refugee organisations (DPOs) resulted in the UNHCR with disabilities’ (title still protection framework and provides creation of the Convention on the under debate) is being prepared. operational guidance to UNHCR Rights of Persons with Disabilities staff, making them amongst the most (CRPD) in 2006 – but the vast Why a Conclusion on Disability? utilised of all ExCom Conclusions.5 majority of UNHCR’s policies and Executive Committee (ExCom) operational tools were written before Conclusions constitute broad The necessity and appropriateness of a the CRPD. As a result, most tools expressions of consensus regarding the Conclusion on Persons with Disabilities either fail to consider disability at principles of international protection. becomes apparent, therefore, given: all or maintain a ‘medical model’ As ‘soft law’, they are not legally view of disability, which equates binding in the same way as CRPD but ■■the significant unmet protection disability to impairment. are “relevant to the interpretation of needs of refugees and other the international protection regime”.4 displaced persons with disabilities In fact, UNHCR’s 1996 publication, ExCom Conclusions can serve a ■■the lack of attention to disability Assisting Disabled Refugees: A number of functions including: and use of outdated models Community-Based Approach, of disability in UNHCR’s ■■introducing or reinforcing principles provides some practical advice to policies, guidelines and tools field staff in line with the social which may later be accepted as model of disability. It advises on binding parts of customary law ■■the ‘invisibility’ of persons with disabilities and the lack of UNHCR implementation of community- ■■supplementing the Refugee staff properly sensitised to their based rehabilitation and promotes Convention and Protocol to needs, rights, capacities and dignity the importance of participation cover protection gaps and accessibility. Unfortunately, ■■the active discrimination ■■providing interpretative guidance of many other sections revert to the in resettlement policies by refugee law to states and judiciaries medical model, stressing individual some states and UNHCR treatment over structural and social ■■providing operational guidance ■■the recent entering into force of change. These guidelines have also to UNHCR and NGO staff been criticised as not drawing on CRPD and the need to reinforce the lived experience of persons ■■serving as lobbying and and normalise its principles. with disabilities and not making advocacy instruments specific enough recommendations. ■■setting standards of behaviour Brendan Joyce ([email protected]. Furthermore, the majority of UNHCR for non-state actors. au) is the Assistant Director of Palms staff are unaware of its existence and Australia (http://www.palms.org.au). until recently it was only available Conclusions 105 and 107 are 1. See http://www.unhcr.org/refworld/pdfid/49997ae41f.pdf in hard copy in Geneva. Ironically, informative examples of the potential 2. http://www.unhcr.org/protect/PROTECTION/47cfae612. since this criticism was made, the value of a Conclusion of Disability. html guidelines have been uploaded to They reiterate rights articulated in 3. E.g. lobbying paper prepared for UNHCR/NGO UNHCR’s Refworld website in a format the Convention on the Elimination of Consultations June 2009: http://tinyurl.com/lobby09 4. See http://www.unhcr.org/pages/49e6e6dd6.html inaccessible to the screen readers All Forms of Discrimination against 5. Bryan Deschamp, Review of the use of UNHCR Executive 1 used by visually impaired people. Women (CEDAW) and the Convention Committee Conclusions on international protection, 2008 on the Rights of the Child (CRC) http://www.unhcr.org/483d701f2.pdf UNHCR’s 2004 Resettlement Handbook respectively and extend the principle equates disability to injury or severe of non-discrimination beyond the MINI FEATURE: BRAZIL 45 FMR 35 Brazil and the spirit of Cartagena Luiz Paulo Teles Ferreira Barreto and Renato Zerbini Ribeiro Leão

The Declaration of Cartagena is important as of human rights, is obliged to flee their country of it includes elements that link the three threads nationality to seek refuge in another country.”

of international protection – humanitarian law, In practice, the spirit of Cartagena has been gradually human rights and the rights of refugees – built into Brazilian legislation since the Constitution in legislation, interpretation and operation. was promulgated in 1988. The first article of the Constitution of Brazil enumerates its fundamental The Cartagena Declaration on Refugees (1984) was the elements, including “the dignity of the human person” outcome of meetings between government representatives and the third article describes the fundamental and specialists from ten Latin American countries who objective of Brazil as “to promote the well-being of all, met in Cartagena de Indias, Colombia, to consider the without prejudice as to origin, race, sex, colour, age situation of refugees in Central America. It established and any other forms of discrimination.” Moreover, the the basic concepts of the issue in the human rights fourth article – referring to the principles governing field and launched the term ‘massive violation of international relations – cites among other criteria “the human rights’ as an element in the broader definition prevalence of human rights; the self-determination of of refugees. On the Cartagena Declaration’s 10th the peoples; cooperation among peoples for the progress Anniversary, the San José Declaration on Refugees of humanity; and granting of political asylum.” and Displaced Persons (1994) provided further innovatory insight into the specific protection of the Furthermore, the Constitution stresses that “all persons internally displaced, stating that their displacement are equal before the law, without any distinction was mainly caused by the violation of human rights, whatsoever, Brazilians and foreigners residing in thereby expressly recognising convergences between the country being assured of inviolability of the the international systems of protection of the human right to life, to liberty, to equality, to security and to person and emphasising their complementary nature. property….” It stresses that “the rights and guarantees expressed in this Constitution do not exclude others The Mexico Plan of Action, which marked the 20th deriving from the regime and from the principles Anniversary of the Cartagena Declaration, proposes adopted by it, or from the international treaties to actions to strengthen international protection for which the Federative Republic of Brazil is a party.” refugees in Latin America. As host of the Southern Cone’s preparatory meeting for the 20th anniversary, Brazil Since the 1990s Brazil has ratified and is ratifying most contributed to the historic consolidation of principles of the international human rights treaties, so that these and regulations for the international protection of the already form part of the Constitution. The country also human person. The protection of human rights and participates unconditionally in the human rights regimes strengthening of the democratic system are the best of both the UN and the Organisation of American measures that can be taken in the quest for lasting States. As a result, the nation is under an obligation to solutions and in the prevention of conflicts, exoduses observe the principles and regulations of these regimes. of refugees and serious humanitarian crises. Thus, in 1997 Brazil met no obstacle in incorporating the Cartagena principles into national legislation. The spirit of Cartagena The Brazilian state has made efforts to catch the Resettlement ‘spirit of Cartagena’. It has not only incorporated the The full application of regulations for the international concepts of the 1951 Convention and the 1967 Protocol protection of the human person and actions undertaken but in 1997 passed a law defining a refugee as any to consolidate this state policy are of genuine concern to person who “due to grave and generalised violation Brazilian society whether through government or civil society action, or both together. For example, Brazil has undertaken a refugee resettlement programme in close collaboration with civil society and UNHCR. Brazil and UNHCR

UNHCR/G Gutarra signed the Macro Agreement for the Resettlement of Refugees in Brazil Resettled in 1999. However, it was not until refugees in language 2002 that Brazil received its first class, Brazil. group of resettled refugees. The group consisted of 23 Afghans who were settled in Rio Grande do Sul. However, owing to Brazil’s lack of experience in the resettlement of refugees, the gap between Afghan and Brazilian culture and UNHCR’s 46 MINI FEATURE: BRAZIL FMR 35

own lack of experience of the social, political, economic regional and hemispheric migration; 2) countries that and cultural characteristics of Brazil, only nine of those host a significant number of Latin American asylum 23 people have remained in Brazil in the long term. seekers and refugees; and 3) emerging resettlement countries. Brazil falls into the third of these categories. Subsequently, improvements were made to the programme – through training resettlement specialists Thus it is hardly surprising that Brazil has played a and exchanging international experiences in this sector. leading role in terms of resettlement within celebrations As a result Brazil is now a leader in the reception and for the 20th anniversary of the Declaration of resettlement of refugees, and CONARE, the National Cartagena, which called for “solidarity resettlement Committee for Refugees, has been noted as implementing for Latin American refugees” by countries in the best practice in the reception of resettled refugees. region who receive a large influx of refugees as a CONARE officials hold interviews with resettlement result of conflicts and humanitarian tragedies in candidates for Brazil in the first country of asylum, for Latin America. Representatives of all countries in the example. Brazilian officials seek to represent the real region approved this initiative. Thus, as a result of this economic, social and cultural situation of the country regional initiative, Brazil saw its population of resettled to interviewees in the most explicit manner possible, individuals grow from 25 in 2003 to 208 in 2006 and 397 providing a fair representation of the potential for in 2009, of whom three-quarters were Colombians. integration and helping to avoid later frustration among settlers. Brazil is working hard to demonstrate the spirit of fraternity and human solidarity with international society Brazil also does ‘fast-track’ resettlement in response through a multilateral approach within the framework of to requests for emergency resettlement presented the current regulatory norms on international protection. by UNHCR. Luiz Paulo Teles Ferreira Barreto is Minister of Justice In an overview of the issue of asylum in Latin America, of Brazil and Renato Zerbini Ribeiro Leão is General a UNHCR document in 2004 stated that there are Coordinator of the National Committee for Refugees three parallel situations in this region: 1) countries (CONARE). Both authors may be contacted through that continue to receive a reduced number of asylum [email protected] seekers and refugees as part of the mixed flows of Enhancing refugees’ integration: new initiatives in Brazil Liliana Lyra Jubilut

Recent initiatives in Brazil have strengthened 60% of the total budget for refugee integration in the protection and enhanced integration country. This highlights the fact that in the first 10 years of modern refugee protection in the country, the focus of opportunities for refugees. the government seems to have been on eligibility rather Brazil’s commitment to refugee law and protection since than on integration. This trend, however, has started the mid-1950s resulted in the passing of a bill on refugees to change since the 10th anniversary of the 1997 law. in 1997 (Law 9474). This not only broadened protection for refugees by including gross violation of human Since 2007 the Brazilian government has begun to rights as a criterion for refugee status but also created an devote attention both to refugee protection (through administrative procedure for refugee status determination maintaining procedures on RSD that uphold (RSD) and established the basis for refugee protection and international standards) and refugee integration, integration in Brazil. This third task is undertaken by the and has started to establish public policies on Brazilian government, UNHCR and civil society together. refugees. The federal government is looking into the Bringing social actors other than the government into the insertion of refugees in existing public policies in fold is regarded as a positive aspect of refugee protection Brazil; where this is not possible, it is considering the and integration in Brazil, providing for a more holistic creation of specific public policies for refugees. commitment to the cause of refugees. The government is, however, the most relevant actor in refugee protection, Concern for the economic and social rights of given that the National Committee on Refugees refugees has now extended to the local government (CONARE), which has responsibility for RSD, votes by level where there have been new initiatives to simple majority and is composed of six representatives of improve refugee protection through integration. government and only one representative of civil society. State Committees on Refugees Civil society, on the other hand, has led the way One of these initiatives has been the creation of State in supporting the integration of refugees in Brazil, Committees on Refugees, in the states of São Paulo providing, through direct work or partnership, up to and Rio de Janeiro. These two states have the two MINI FEATURE: BRAZIL 47 FMR 35

most relevant centres for refugee protection in the refugees and immigrants there. This is an important country, given that the two UNHCR implementing example of local government acting to protect refugees. partners for local integration are in these cities and assist over 90% of the refugees in Brazil.1 These initiatives on refugee integration and on public policies for refugees in Brazil appear to be rooted in The first State Committee on Refugees was established in three factors. Firstly, in recent years Brazil has begun São Paulo in April 2008, presided over by the Secretary to be concerned with development and economic of Justice and the Defence of Citizenship. It brings and social rights for its native population and this together representatives from several other ministries focus seems to have spread to refugees as well. – Economy and Planning, Housing, Assistance and Secondly, in light of the growing urbanisation of the Social Development, Employment and Work Relations, world’s refugee population, UNHCR has started to Education, Health, Institutional Relations, Culture, work towards securing the rights of refugees in urban and Public Security – and from UNHCR, local UNHCR settings and is therefore highlighting the need for implementing partners and State defence attorneys. a more comprehensive integration and protection At the end of 2009 Rio de Janeiro established its State of refugees in urban settings such as in Brazil. Committee with similarly wide representation.2 Lastly, the focus on refugee integration has been So far, the State Committee in São Paulo has acted in one of the main axes of the Mexico Plan of Action three different situations: on an issue of public security under the Cities of Solidarity initiative.3 The main involving resettled refugees in the countryside, on a goal of this initiative is to promote access to basic health issue concerning a hospital and resettled refugees, services in health, education, employment and and by including 102 refugees and asylum seekers in its housing – all best achieved through public policies. State work programme. It is clear from the Committee’s actions to date – i.e. involving groups of refugees but It is important to highlight, however, that the State not the whole refugee population – that the Committee Committees for Refugees should not be seen as an end does not want to micro-manage individual cases but has in themselves. Rather, they work as a catalyst for the yet to adopt public policies that will benefit the whole creation of public policies to help ensure full protection refugee population in the State. It is important that the of refugees in Brazil, guaranteeing both their civil and Committee has started to act in specific cases that were political rights and their economic and social rights. brought to its attention but it is essential that broader public policy issues be its main concern in future actions. Liliana Lyra Jubilut ([email protected]) has been working as a lawyer, consultant and researcher At the municipal level, a committee was set up in the city with refugees in Brazil for 11 years.

of São Paulo involving organs of the City hall, under the 1. UNHCR also has implementing partners for resettlement and for protection. coordination of the Municipal Commission on Human 2. For information regarding the representation in Rio de Janeiro’s Committee, see Rights, and civil society to debate public policies for Decreto 42182 of December 2009. 3. http://www.acnur.org/biblioteca/pdf/3453.pdf

Amnesty for clandestine refugees in Brazil Alex André Vargem

Alongside the more than 3,800 refugees recognised by illegally because they have been refused recognised status the Brazilian government, others arrive in the holds of but being ‘without papers’ makes them reluctant to expose cargo ships and slip unregistered into Brazil. “After my themselves to the government. They fear expulsion since it is village was attacked, I ran away through the forest and the federal police who have the authority to grant amnesty. walked to the port where I found a ship ... I had no idea Among the obstacles for obtaining an amnesty is the price: where I was but finally I ended up here in Brazil.” R$64 (US$32). Since many of those who might be eligible Between 1998 and 2005 nearly half of those refused are unemployed or work illegally, they are unable to pay. The refugee status in Brazil were Africans. If their asylum Public Defender has begun a process to lift the charge. application is rejected, a refugee has 15 days to lodge an Some organisations of African refugees and of the black appeal with the Ministry of Justice. Between 1998 and movement in Brazil are trying to gather information about the end of 2006 there were 1,040 appeals, of which only African refugees and submit it to the government. 10 were successful. The government claims that many of those appealing do not fall under the refugee law but are Some African refugees see the amnesty as a chance to be economic migrants. With no prospect of getting refugee regularised, to be recognised by the Brazilian state – a way to a status elsewhere, these people stay illegally in Brazil. brighter future. In mid-2009 the Brazilian government offered an amnesty. Alex André Vargem ([email protected]) is ‘Irregular’ foreigners who had arrived before February that year a sociologist and independent researcher. had 180 days to claim amnesty. Many of these people live 48 MINI FEATURE: BRAZIL FMR 35 Local integration of refugees in Brazil Julia Bertino Moreira and Rosana Baeninger

Local integration is a complex economic, in informal job occupations. Only 2.8% were included in political, social and cultural process. the government assistance programme (Bolsa Família) and 11% were receiving financial support from UNHCR. In October of 2009 there were 4,131 refugees from 72 nationalities living in Brazil. Of these, 3,822 arrived To be successfully integrated, refugees need employment, ‘spontaneously’, of whom nearly half came through language skills and access to public services, as well their own networks, and 418 were resettled through as citizenship rights, duties and political participation the Brazilian programme, coordinated by the National and social relations with their community. Activities Committee for Refugees (CONARE) with UNHCR to facilitate local integration are mainly carried out by support. The single largest group is from Angola civil society organisations, although UNHCR and the (1,688) and the second largest from Colombia (598). government also take part. Caritas Arquidiocesana in São Paulo and Rio de Janeiro helps asylum seekers Resettlement newly arrived in the country as well as refugees who With its active programmes to resettle refugees, Brazil have been living in Brazil for a long time. Asylum is considered as an ‘emergent’ resettlement country. seekers may receive financial support from UNHCR The first programme was the Solidarity Resettlement for up to six months. The religious institutions Programme established in 1999 in agreement with provide them with legal and practical assistance, UNHCR to settle refugees who were still persecuted working with partners (including from the private or at risk of persecution or could not adapt to their sector) to offer legal support during the refugee first country of asylum. The second programme is status determination process, Portuguese lessons, the Regional Resettlement Programme, proposed by employment training, food and dental care. Brazil the Brazilian government in 2004, in order to protect has the largest support network for refugees in Latin refugees fleeing persecution and conflict in Latin America America, with almost 100 local organisations involved. and also to help countries receiving large numbers of Colombians, such as Costa Rica and Ecuador. In general, refugees benefit from the social services – such as education and health care – provided by the Brazilian The country does not set annual quotas for resettled government at federal, state and municipal levels. refugees, not even by nationality. CONARE has Nevertheless, there are a few specific services created to prioritised two vulnerable groups: refugees without legal meet refugees’ particular needs: a special programme for or physical protection and women at risk. In 2005, the mental health care financially supported by CONARE, Brazilian resettlement programme set up an innovative public housing for refugees living in São Paulo, and emergency procedure for refugees at immediate risk, educational scholarships offered by the Federal University whereby such refugees can have their applications of Minas Gerais and the Federal University of Juiz de Fora. examined within 72 hours and if they are granted asylum they can be resettled in Brazil within seven days. In 2007, the federal government began to contribute to the financial support given by UNHCR for refugees CONARE is also responsible for analysing asylum living in Brazil, allocating almost US$350,000 to applications and formulating public policies for CONARE, which transferred these funds to Caritas. refugees living in the country. The committee Caritas and its partners provide resettled refugees convenes meetings of government agencies, civil not only with financial support but also with help in society organisations and UNHCR, which is able to finding jobs and housing. Yet, even after ten years of contribute to the meetings but has no voting rights. resettlement programmes, challenges still remain, CONARE estimates that the refugee recognition especially relating to refugees’ self-sufficiency. rate is 30%, which is comparable to international levels. The eligibility decisions have included gender Challenges persecution and have drawn special attention to The most critical obstacles to the social and economic children and other vulnerable groups at risk. integration of refugees in Brazil are lack of employment and housing, and discrimination. Our research showed Local integration that refugees consider their working conditions and A recent research project1 interviewed refugee families pay as unsatisfactory. They find it difficult to access who had arrived ‘spontaneously’ and were living in basic public services, particularly health care and Rio de Janeiro and Sao Paulo during 2007. Most of the housing. And finally they feel discriminated against refugees reached the country through social networks, by the local population. Brazilian society does not since 25.1% had a relative and 23.3% had a friend living know precisely what a refugee is, frequently perceiving in Brazil. In terms of labour market integration, 56.4% them as ‘fugitives’ from justice, making their social were working, although over half of these were working and labour market integration even more difficult. MINI FEATURE: BRAZIL 49 FMR 35

To facilitate local integration, and to meet refugees’ and their situation in Brazil. A good example of such particular needs, more financial resources are needed a programme is the health campaign developed by to support implementation of specific refugee policies. UNHCR in partnership with the local NGO Ação The establishment of new institutions such as the Comunitária no Brasil that took place in the Complexo São Paulo Committee for Refugees, Rio de Janeiro da Maré slum quarter in Rio de Janeiro. Awareness Committee for Refugees and São Paulo Municipal was raised through drama, presenting a play Committee for Immigrants and Refugees offer some performed by Angolan refugees and young Brazilians. hope. All of these include civil society participation This kind of effort is critical because it strengthens and aim to formulate and implement public policies refugees’ social relations with the local population, for refugees and other immigrants living in Brazil. a vital component for successful local integration.

Nonetheless, the decision to put specific refugee policies Julia Bertino Moreira ([email protected]) is a into practice is controversial given the potential for Doctoral student at the University of Campinas and research disputes with the local community. The inclusion of assistant in the ‘Refugee population living conditions refugees in governmental assistance programmes in Brazil’ project, and a Visiting Fellow at the Refugee (such as Bolsa Família) as well as the implementation Studies Centre in 2010. Rosana Baeninger (baeninger@ of specific policies for them may cause hostile reactions nepo.unicamp.br) is a teacher in the Demography from the local population. Programmes that benefit both Department at University of Campinas and coordinator of the refugees and the host community are essential. the ‘Refugee population living conditions in Brazil’ project.

1. ‘Refugee population living conditions in Brazil’, by Population Studies Center at In order to overcome discriminatory attitudes towards University of Campinas (NEPO/UNICAMP) in partnership with UNHCR and Caritas refugees, education and information programmes are São Paulo and Rio de Janeiro, financially supported by Human Rights Special Secretary of the Brazilian Federal Government. needed to raise awareness about the status of refugees UNHCR/V Graziano

Luis Eduardo Garzón, a resettled refugee from Colombia, with his handicrafts at the annual national fair for small-scale farmers in Brasília, Brazil, 2007. 50 GENERAL ARTICLES FMR 35 Accountability to disaster-affected populations Steering Committee for Humanitarian Response

The hardest aspect of accountability to disaster-affected persons is insufficient. It only takes an seems to be managing the tensions between the timeliness and organisation so far down the road to being more accountable. the quality of a response. Accountability is best addressed There are many different stake- approaches, both at programme by inserting and embedding holders to whom an organisation is level and with individual staff. it in existing procedures and accountable. Sadly, accountability Accountability is strongest when the tools – to make it part of how to donors, to the general public, values of individual staff resonate an organisation works in all its to governing bodies and to with the values of the organisation. facets, not just in programming. headquarters (in the case of field offices) can easily ‘squeeze One agency4 offers regular, Accountability towards affected out’ accountability to affected mandatory refresher training, persons is possible when the populations unless active efforts which is widely appreciated as a organisation is accountable to its own are made to uphold it. Although way of reminding and encouraging staff and members. Organisational all operations have financial or staff to respect core organisational cultures that tolerate abuse of legal accountability requirements, principles. Another agency reflects power by management, or that there is no such obligation for on elements of its own staff code of fail to provide a trusted means of accountability towards disaster- conduct and its principles in annual bringing grievances to the fore, are affected persons. There are standards staff reviews, including: respect likely to undermine and impede that organisations can voluntarily for others (victims, staff, outside efforts to promote accountability commit to (such as the HAP contacts); sensitivity to cultural, to affected communities. Standard1) but there are no built-in social and religious environment; and sanctions if they choose not to do so. respect for local standards of conduct. Changing the relationship with affected groups The Steering Committee for Several organisations recognised Accountability cannot be pursued Humanitarian Response (SCHR)2 the potential for the staff appraisal as a project; it requires organisations carried out a Peer Review on process to be used more strategically to work differently rather than do ‘Accountability to Disaster- to monitor performance according different things. It is about pursuing affected Persons’ in 2009 with to values as well as objectives. a process which changes the nature three main objectives: Performance appraisals that of the relationship with affected include measures that promote groups. For example, feedback and ■■to understand the range and accountability to affected groups complaints mechanisms reduce diversity of approaches to can provide a strong incentive to the power disparity between the accountability to disaster- staff. One organisation included organisation-as-provider and affected persons feedback from refugee committees individual-as-recipient. Such as part of the performance review of mechanisms need to be designed ■■to share best practices, challenges staff members working in camps. with input from affected groups, and learning in taking forward so that they are appropriate to the adoption, integration and Accountability towards disaster- the context; proactive efforts are use of different approaches to affected populations is about needed to capture the perspectives accountability, and their relative approaches to work and not a of all sub-groups of a population. effectiveness and practicality menu of ‘accountability activities‘. It is more a process than an end The Peer Review observed informal ■■to inform decisions about state – requiring a culture of complaints mechanisms in action prioritising and integrating accountability. That said, specific in Ethiopia and Haiti. However, the diversity of accountability resources are required for staff although the opportunity to approaches.3 time, the development of staff skills lodge complaints was valued, and specific processes such as organisations were making un- Managing accountability complaints handling. Organisations tested assumptions – firstly that From this Peer Review emerged need to plan for such costs and all sections of a community know a range of conclusions and allocate resources accordingly, so they have a right and means to recommendations. Organisations that accountable processes feature complain, and secondly that the need to actually demonstrate throughout the project cycle. necessary processes would kick in that they value accountability – once a complaint was received. first through strong leadership Accountability has institutional commitment, and second by and individual dimensions. A Organisations commonly use valuing and rewarding accountable systems approach to accountability ‘complaint’ or ‘suggestion’ boxes. GENERAL ARTICLES 51 FMR 35

Some individuals, however, information should be shared unless interventions. These are used to do not trust the security of the there is a good reason not to, which assess with affected populations the mechanism and fear retaliation by would lead to stronger trust between appropriateness of the assistance the organisation through decreased organisations and affected groups. provided and thereby improve on- support if they “complain too going programmes. Another agency much”, or by the perpetrator if a Partnership and membership there undertakes the evaluation complaint becomes known to them. relations pose specific challenges in three stages: first, communities to promoting and ensuring are asked to identify what was Although they can be a commendable accountability to disaster-affected good and bad about a programme; means of enabling complaints about persons. There is an inherent then the agency team undertakes staff or services, boxes need to be tension between, on the one hand, a self-evaluation of the work; and used as one element of a broader working in a relationship based finally the two are consolidated feedback system. Proactive efforts on trust and mutual respect and, into an agreed overview analysis. are required to reach a wider cross- on the other, working to ensure section of the population – those that the relationship results in a Understanding least able either to write or to good quality (that is, accountable) Two significant semantic hurdles have the means to pay someone to response. Control and trust are often emerged during the Peer Review write a complaint, or to be mobile approached as competing concerns, process. Firstly, ‘accountability’ is enough to post it, or to have the yet examples demonstrate that trust not easily translatable from English, confidence to complain at all. can be built on shared control. or becomes confused with legal, financial or even religious terms. ‘Participation’ of affected persons, However, accountability cannot Secondly, and more widespread, is as an element of accountability, is be delegated to partners. ‘Indirect the concern that ‘accountability’ has rarely fully realised. It tends to be accountability’ is no accountability become a much-abused word which limited to assessments and to be used in practice, without a clear and may mask poor understanding or as a way of extracting information agreed demarcation of roles and misunderstanding among staff. and little effort is made to provide responsibilities which are then affected populations with feedback. monitored. Partners need to be More generally, the very term Meaningful participation emerges involved in any accountability ‘accountability’ is not well from the two-way dialogue that processes, should be held understood among staff of characterises feedback procedures. accountable for their actions and participating organisations, It requires that affected persons are should trust the partnership particularly at the level of country involved in key decision making, relationship enough to share programmes. The term itself can including validating operational concerns heard from communities. frequently block individuals’ successes and identifying failures. understanding, so that actual One agency has launched a accountability is kept at a distance, One of the earliest lessons to come ‘capacity development initiative’ as policy-level rhetoric rather than out of the Peer Review was that to enhance members’ capacities in a responsibility that needs to be accountability to disaster-affected their programmes and activities, acted upon. This points to the persons cannot be isolated from an their internal organisation and their need for incremental and practical organisation’s accountability to the external relations. One of the first guidance on how organisations other population groups it seeks to steps is self-appraisal, including can realise their accountability to serve. This requires joining up the examining a) transparency in relation disaster-affected persons – such as thinking, learning and practices to disaster-affected communities, through complaint mechanisms, across the development and disaster- b) participation of disaster-affected or the provision of feedback to response domains. Accountability as populations and their representatives disaster-affected persons on key a process needs to be embedded in all in programme decisions and in decisions or learning, or their phases of programming, especially giving their informed consent, involvement in such stages. emergency preparedness. In order to and c) assessment of programmes be accountable during an emergency and performance. The process Accountability requires organisations response, the necessary foundations guidelines identify community to change the way they work, by of dialogue, understanding and staff representatives as key stakeholders creating a different relationship skills need to be laid beforehand. One to be involved in the process. with persons of concern where agency recognises the importance of the aim is to diminish the power emergency preparedness planning In one case in Yemen, community disparity between them. Learning for accountability during response, representatives were invited to a from the Peer Review points to the yet staff feel that the time constraints senior programme review meeting need for attention to both policies/ during the immediate ‘life-saving’ where they gave feedback about systems and attitudes/behaviours. phase make full implementation of what they felt were the strengths accountability principles impossible. and weaknesses of the programme Premature conclusions? and what they thought should All nine organisations developed Though transparency is understood change in the future. In Colombia an action plan in response to the as a dimension of accountability, an agency has instigated follow- Peer Review and it is anticipated organisations find it challenging. up monitoring visits six months that it is in these action plans that The Peer Review suggested that after completion of emergency the conclusions and the real impact 52 GENERAL ARTICLES FMR 35

of the peer review will be seen – ■■building relationships with affected personal commitment and drive that putting the learning into practice. persons that are characterised accountability to disaster-affected by dignity and respect persons rests most securely. Although each of the nine organisations involved embarked ■■sharing relevant information and This article was provided by SCHR on the Peer Review from a communicating transparently ([email protected]) with the support of different starting position, there (providing feedback to UNHCR (contact José Riera riera@ are a number of lessons that disaster-affected persons as unhcr.org) resonate with all of them: well as consulting them) 1. Humanitarian Accountability and Quality Management Standard (2007) ■■acknowledging, making visible ■■behaving with integrity, http://tinyurl.com/HAPstandard 2. An alliance of major international humanitarian and diminishing the power keeping to commitments made organisations aiming to support increased quality, imbalance between organisations and engendering trust. accountability and learning within the humanitarian sector. SCHR uses Peer Review as a tool for facilitating and disaster-affected persons learning within and between its members. UNHCR Individual staff make it possible joined them in this particular Review. ■■involving affected persons for organisations to realise their 3. The report of the peer review is available at http://tinyurl.com/accountability-SCHR meaningfully in key decisions responsibility and commitment 4. Examples are real ones from the report but individual and processes that influence to accountability towards affected agencies are not named here. their lives populations. It is perhaps on their To return or stay? John Giammatteo

The views of Sri Lankan refugees in India challenge some of Changing expectations the assumptions inherent in promoting repatriation as the most None of the interviewees had expected to stay in India this long. desirable durable solution to protracted displacement. Laxsman, a 22-year-old man who Voluntary repatriation has long the help of the Organization for came from Sri Lanka at the age of been seen as the foremost durable Eelam Refugee Rehabilitation three, explained that his mother solution to forced displacement and (OfERR),1 investigated the reactions “felt [that on] arriving in India in the solution that would benefit the and opinions of Tamil refugees 1990, we would definitely return greatest number of refugees. This regarding the possibility of in three months to Sri Lanka. But perspective assumes that, once the repatriation following the defeat 19 years have passed.” Similar original cause of flight is redressed, of the Liberation Tigers of Tamil sentiments were repeated over and refugees will not only still identify Eelam (LTTE) in May 2009. over, even by those who had arrived with their homeland but also want comparatively recently, in 2006. to return. These assumptions are Interviewees were drawn from the challenged, however, by many three main waves of refugees: in The focus on return, and the hope of the Sri Lankan Tamil refugees 1984, 1990 and 2006. One third had that it would come soon, created living in Tamil Nadu, India. suffered more than one displacement a sense of anticipation among the and had returned to Sri Lanka only refugees in Tamil Nadu. Security Sri Lanka’s ethnic conflict has to leave again a few years later was first and foremost in their resulted in waves of migration, and one third were either born minds. Refugees felt that it was with some of the earliest refugees in India or came to India for the only to safeguard their lives that arriving on Indian shores after last time before the age of ten. they were in India. Everything violence in 1983 and throughout else – such as a comfortable subsequent years of fighting between Of the 30 interviewees2 surveyed (and permanent) living space the Government of Sri Lanka and in this project, 15 said they would – was a secondary priority. As Tamil militants. Today, over 125,000 stay in India and 15 said they would pointed out by Murugan, who Sri Lankan Tamils live in India, go back to Sri Lanka. There was no arrived in Tamil Nadu in 2007: 75,000 of whom live in camps in the strong divide along gender lines. Indian state of Tamil Nadu. This People who came from the Mannar “Actually, when I came here … all my population has been forced to adapt and Trincomalee regions of Sri Lanka expectation was to keep my life. That’s to new lives away from their home were more likely to say they would all. Then, after coming here there are country and new generations have return to Sri Lanka, while those some restrictions – we can’t go out of been born in exile – generations from Jaffna and Mullaithivu were the camp without permission and we who may or may not identify more likely to say they would stay cannot go out of the camp for work for with their parents’ native place. in India. Likewise, those who last two or three days. Everyday we have arrived in 2006 were more likely to to sign at the gate as we leave... So In November 2009 a one-month say they would return to Sri Lanka these types of restrictions are here... research project, undertaken with than those who last arrived in 1990. Some tightened freedom is there...” GENERAL ARTICLES 53 FMR 35

The underlying assumption for of aid for the refugees, including that their children would receive him was that some restrictions them in various government schemes a better education in Sri Lanka. might not be ideal but they are and setting money aside to improve manageable, provided his life is camp facilities and amenities. Family in Sri Lanka safe. Even the physical settings News and information collected of some camps reflected a similar The younger generation from relatives and friends in Sri reality, with family residences As in many refugee situations, a Lanka played an important role. If divided for years only by sheets. whole generation has been born in relatives said that it was safe and exile – or left their home country encouraged them to come back, some For some of the interviewees, this at a very young age. In the case of interviewees expressed a desire not attitude of anticipation has shifted Sri Lankan Tamils in India, asylum only to return and to do so quickly. in significant ways within the past is not a path to citizenship and Kalyani, who had already submitted few years. For Ganesh, a 66-year- refugee children born in India are a letter to UNHCR asking to return, old man who first came to India in not Indian citizens. Instead, their had originally left Mannar following 1990, events experienced in exile births are registered with the Sri government restrictions placed on have changed his expectations: Lankan Deputy High Commission fishing. Through her brother who in Chennai, and registration was still in Mannar, she had heard [interpreter] “He’s not returning to Sri then leads to citizenship in Sri that the fishing ban had been lifted Lanka because his family, his wealth and Lanka. However, for many in this and the district was now safe. She all have been destroyed in Sri Lanka... generation a return to Sri Lanka was eager to return to Sri Lanka, After the tsunami, he feels Sri Lanka is may not be their first choice. especially as her husband was sick no better... [in] the nearby houses, nearly and one of his legs was paralysed. 122 people died in the tsunami... relatives This generation still see themselves Her brother was encouraging her to and neighbours also, so he feels that [if he as Sri Lankan Tamils, follow news come back to Sri Lanka, asking why has] no relatives and neighbours in Sri about Sri Lanka and have views on she continued to suffer in India when Lanka, why settle back in Sri Lanka?” both the conflict and Sri Lankan all her family could help her and look politics. Secondhand news is after her husband if they returned. For Ganesh, the 2004 tsunami had filtered through parents, people in made him rethink his expectations camp, relatives in Sri Lanka and Similarly, those who did not have of returning home. Interviewees newspapers and other media sources. regular communication with family cited how other specific events like in Sri Lanka, or whose family did the cessation of the 2002 Ceasefire Unlike for their parents, however, not feel safe, were less likely to Agreement forced them to reconsider camp life for the younger generation say they would return. Anand – a any return to Sri Lanka. For others, is routine and seen as ‘normal’ or 29-year-old man who came to India the process was more mundane – a comfortable. Nimal, a 25-year-old in 1990 – said he had regular contact gradual understanding over the man who arrived in India at the age with his relatives but they were last few years that return would of five, described his everyday camp moving from place to place without not be immediate, if at all. Illness, life, saying, “So when you talk of “security for their life” and advising age, a child’s birth, education or my schooldays, we go to school, we Anand not to return: “You have to lack of knowledge of the homeland come back, we worship, we go to give some more time. We will let you all influenced expectations about the evening tuition centre, we study, know when the time is right.” He returning home for different people. we come back, we go to sleep, and had no immediate plan to return – again we get up and go.” Another barring what he saw as a permanent These attitudes have found parallels interviewee said that, growing up in solution – and planned to stay in at official levels as well. OfERR India, his habits, culture and even India, availing himself of Indian and other agencies had recently style of dress were Indian and not Sri citizenship if it were offered to him. completed a project to update some Lankan. Likewise, Laxsman said: camps with permanent wooden For any voluntary repatriation dividers between individual “I was only three years old when I arrived programme to be successful among spaces. One such camp is located in India. India gives me education, the Sri Lankan Tamil population at Arni, a camp to the west of shelter and other things. I love Sri Lanka in India, it must acknowledge Chennai which was established because it is my motherland but I love the nuanced and individualised in 1990 in an old warehouse. India more, because it gives me my life.” nature of the factors affecting the desire or possibility of return The government originally provided In interviews and informal – and address the expectations spaces inside for each family, divided conversations, people from the aroused by presenting repatriation by cloth walls, and only within the younger generation would often as the most favoured solution. last year has the cloth been replaced say that they wanted to stay in by plywood sheets. Similarly, Tamil India as they did not ‘know’ Sri John Giammatteo ([email protected]) Nadu’s chief minister said in October Lanka. The younger generation’s is a student at Syracuse University. 2009 that he would make a plea to future can also be an important 1. http://www.oferr.org India’s central government to confer push or pull factor for parents, some 2. Via 30 semi-structured formal interviews with Indian citizenship on the Sri Lankan of whom felt that their children’s camp residents and OfERR volunteers, as well as informal conversations and observations. All names are refugees. A month and a half later, education might be jeopardised pseudonyms. Tamil Nadu announced Rs 1 billion by returning, others believing 54 GENERAL ARTICLES FMR 35 Responding to IDP reproductive health needs Shanon McNab and Isabella Atieno

Despite the administrative, logistical, political and cultural strict national policies prohibiting challenges of working in Darfur, the Gereida Comprehensive non-physicians from performing caesarean sections made it difficult to Emergency Obstetric and Newborn Care Centre has made maintain a staff capable of handling significant progress in a short time. complicated deliveries. If no doctor was on duty, women in need of a Following the surge of violence in EmONC includes the ability to caesarean section would be forced to 2004, more than 2.4 million men, carry out surgical interventions travel three hours to reach the nearest women and children in Darfur were (specifically caesarean sections) EmONC facility. Even if women were displaced. Several hundred thousand and blood transfusions, both of able to overcome the substantial of them fled to the southern Darfur which are crucial to managing financial and logistical obstacles to town of Gereida, effectively tripling obstetric complications. When procuring a vehicle for this journey, its population. While living in a EmONC services are low quality, the lack of security on the roads camp setting in Gereida, posed extra challenges. these IDPs (internally displaced persons) had In terms of family access to a government-run planning, Gereida’s hospital that offered only hospital had no designated minimal, often poor-quality staff member to ensure the reproductive health (RH) availability of affordable, services, for a prohibitively adequate supplies, or to ARC-RAISE/Isabella Atieno ARC-RAISE/Isabella high fee. The American educate women about Refugee Committee (ARC), them. Although ARC and a partner of the RAISE RAISE saw a tremendous Initiative, recognised this need for these services, vulnerable population’s what little data existed need for free, high-quality, documented very low comprehensive emergency demand for family obstetric and newborn planning without a care (EmONC) and family clear indication of why planning – and decided this was the case. To to construct, outfit and better understand IDPs’ staff a comprehensive knowledge and attitudes EmONC centre. around family planning, ARC conducted informal Access to both focus groups. These family planning and showed that women comprehensive EmONC wanted to use family is vital to reducing planning methods for birth maternal mortality. spacing, citing improved Although all women need health for mother and child family planning to time and improved economic and space their births, circumstances as likely this is often even more outcomes. The major vital to women who are The new EmONC Centre in Gereida provides comprehensive barriers to accepting family emergency obstetric and neonatal care. displaced. Furthermore, planning – for both men family planning is one of and women – were lack the most cost-effective, high-yield unavailable or available only at a of knowledge of methods and ill- interventions available to prevent high cost to the patient, women informed fears about side effects. maternal and child death and and newborns die needlessly. disability, infertility and high-risk The new EmONC Centre pregnancies amongst vulnerable Existing facilities After months of discussion with the women. EmONC refers to the care of Prior to ARC and RAISE’s Sudanese Ministry of Health (MoH), women with obstetric complications intervention, most pregnant women the decision was taken to build the during pregnancy, and of women in Gereida delivered at home Gereida Comprehensive Emergency and newborns during delivery and and many died from potentially Obstetric and Newborn Care Centre, shortly thereafter. Comprehensive treatable complications. In addition, to be open 24 hours a day, seven GENERAL ARTICLES 55 FMR 35

days a week, with RH services the significance of these gains, it is only doctors may perform caesarean available free of charge to both the important to examine the challenging sections or insert IUDs; however, IDP and local populations. The doors context in which they were achieved. with proper training other cadres opened on 28 October 2009, and the of health workers have been shown facility’s first birth took place that Challenges to service availability to provide such services with error same day. With a staff of more than Securing the necessary approvals rates as low as those of doctors. This 25, the Centre offers outpatient care, from government offices, policy, combined with the difficulty ante- and post-natal care, delivery, constructing the Centre and ensuring of employing and retaining doctors laboratory and pharmacy services, a consistent flow of commodities in such remote settings, impacts an operating theatre, neo-natal care, were each intensely time-consuming. women’s access to care. Given the blood transfusions, latrines and ARC worked in close partnership scarcity of doctors in IDP settings, a bathing area. Most importantly, with the MoH on this project; and women’s need for a full range of women are now guaranteed however, its realisation still took family planning methods, the need qualified staff to assist with obstetric almost two years. Meanwhile, due to for continued advocacy is clear. complications at all hours of the day. logistical complications, ambulances that had been purchased for the Religious and cultural barriers: In addition to EmONC, the new Centre sat unused in Khartoum, The majority of IDPs in Gereida are Centre has had important successes waiting to be transported to Gereida practising Muslims and live within related to family planning. Significant where the violence continued to a culture where family planning is increases in the uptake of family escalate and emergency services not universally accepted. Though planning have occurred each month remained unavailable. Islam does not prohibit the use since the Centre opened; in fact, the of family planning, traditional number of new family planning Availability of logistics and supplies: methods are considered to be the clients has more than tripled since Notwithstanding the updated most natural and are more often October 2009. The Centre has also logistics system at the Centre, acceptable to men. Furthermore, hired a full-time RH manager to ensuring the flow of necessary the MoH highly recommends that coordinate supplies and offer good supplies – which is absolutely women be accompanied by their private family planning counselling. essential – is extremely difficult. husbands when they go to a facility Furthermore, the Centre has Supply orders have sometimes for family planning. ARC’s focus experienced a marked increase arrived incomplete, or long after group results were clear: men will in internal referrals; for example, stocks have been depleted, forcing be more accepting of the various women who come for post-abortion ARC to purchase supplementary contraceptive methods if they are care (PAC) are now referred to family supplies from various local educated about them, and if access planning services, where once they pharmacies. Because word of to family planning is free. Centre might have been overlooked. mouth is the main driver of patient staff continue to work diligently visits, it has serious implications to educate the community on the Investment in the data collection for maintaining clients’ trust if many services they provide and the system has also improved the supplies run out; if women cannot contraceptive options available. Centre’s ability to evaluate the consistently obtain the services quality of its services. The system and supplies they expect, they may Looking to the future has been entirely updated and staff influence other clients and potential In their continued efforts to increase have been trained in data collection clients to stop using the Centre. the number of women coming to and management. The RH manager the Centre for family planning now reviews monthly reports with Government health policy: methods, staff members have two the hospital staff to determine The Sudanese MoH has strict main priorities: to advocate to the which services are improving and guidelines outlining which MoH for adoption of contraceptive which need further attention. contraceptive methods may be implants in the national policy and offered in the country. At this to continue to send clear messages, To better educate the local population time, contraceptive implants are via health volunteers and educators, about RH, the Gereida Centre has not recognised, making it illegal about the Centre’s available services. trained several health educators to provide them or even to educate who conduct community-based patients about them. The MoH is Shanon McNab (sem2173@columbia. education sessions about family collaborating with the ARC Gereida edu) is a Graduate Research Assistant planning methods and EmONC team to advocate for a change in this for the RAISE Initiative services. The ARC Gereida team policy but IDPs in Gereida currently (http://www.raiseinitiative.org). believes that these outreach health do not have access to this method. educators have played a large role in Isabella Atieno (isabellao@arc-sudan. the increased number of visits to the The MoH also restricts non-physician org) is the Reproductive Health Centre over the last four months. health workers from providing Coordinator for the American Refugee services when a doctor is not Committee project (http://www. The dissemination of information available. According to official policy, arcrelief.org) in Southern Darfur. to the local community and the increase in the number of women seeking family planning methods are Reproductive Health Access, important successes. To understand Information and Services in Emergencies 56 GENERAL ARTICLES FMR 35 Migration, mobility and solutions: an evolving perspective Katy Long and Jeff Crisp

There is growing recognition that refugees’ mobility is a positive as offering a possible solution to asset that can contribute to their lasting protection. refugees’ displacement in itself, through the use of regularised Freedom of movement is a is frequently neither possible nor international labour migration fundamental human right and is desirable, and that transnational channels and the strengthening central to the functioning of the diasporic community networks of refugees’ and IDPs’ prospects international refugee protection can contribute positively to the de for post-return mobility. Refugees regime. The very ability to seek facto protection of refugees, asylum from Kenya’s Kakuma and Dadaab asylum depends on the ability to seekers, IDPs and other persons of camps, for example, face restrictions move in search of rights that have concern to UNHCR. The difficulties on their freedom of movement been denied in the country of encountered in finding sustainable and access to local labour markets. origin. In a broader sense, it is now solutions to protracted refugee With no durable solution to their increasingly recognised that human situations have also influenced the situation in prospect, significant mobility provides an important development of new policies. numbers have found their own means for people to improve their ‘solution’ by self-settling in Nairobi standard of living and to contribute A sedentarist approach to forced – but because this escape from aid- to the economic and social life migration crises does not reflect dependency is often illegal under of their countries of origin and the reality of refugees’ decision- the laws of the host states, greater destination. Despite a growing making processes or provide forced socio-economic independence recognition of this, however, the migrants with an adequate choice of often comes at the price of loss international community has been livelihood strategies. Nor are anti- of international protection. slow to incorporate mobility into mobility strategies able to offer a its responses to forced migration. serious answer to the increasingly UNHCR’s new urban refuge policy, Solutions to displacement complex challenges faced by published in September 2009, have focused on containing or those seeking to provide effective reflects the need for protection reversing movement, rather than international protection to those strategies that work with, rather on restoring the lost rights which in need. These challenges – which than against, refugee mobility.2 prompted flight in the first place.1 include mixed migration flows, the onward movements of refugees Similar changes can be seen in For most of its 60 years, UNHCR and asylum seekers, the growth in UNHCR’s response to continued stuck firmly to the belief that ‘there human smuggling and trafficking concerns over onward movements is no place like home’. Even in the operations, and the increasing urban of refugees and asylum seekers Cold War years – when refugee self-settlement of refugees – are all from first countries of asylum. repatriation was relatively rare – symptomatic of a serious imbalance Although recognising states’ resettlement and local integration between international responses to political and security concerns programmes were projected as the forced displacement and the socio- regarding the irregularity of many making of new, permanent ‘homes’. economic protection needs of those such movements, UNHCR now Those refugees unable to access these who are displaced. These protection insists that ‘effective protection’ in a solutions were frequently encamped gaps will not be bridged by attempts country of first asylum must include in what often became protracted at more effective population access to adequate and dignified refugee situations, their freedom of containment but instead require means of subsistence, and that movement severely restricted by host more effective protection of forced failure to ensure this is a justification states who awaited their eventual migrants’ rights to move freely. for continued movement. ‘return home’. However, the last three years have seen a significant Enhancing refugees’ mobility is Improving access to protection shift in thinking and UNHCR now now recognised as a key factor Given this recognition that refugees’ believes that the protection and in both understanding and onward movement is defensible in enhancement of refugees’ mobility addressing refugee movements at least some cases, the challenge is may in fact offer a means of ensuring from camps to cities. Protecting to provide better access to protection their enduring access to meaningful mobility is also seen as a key within processes of onward rights and sustainable livelihoods. part of combating the human movement and mixed migrations. rights violations that frequently From this perspective, human UNHCR’s changing attitude to occur as a result of irregular or smuggling and human trafficking mobility can be explained by a secondary movements from the networks need to be tackled not number of factors. There is a growing first country of asylum, often in in order to secure states’ borders body of academic research indicating search of effective protection. And but in order to better protect their that forced migrants’ return home increasingly mobility is also seen clients’ and victims’ human rights. GENERAL ARTICLES 57 FMR 35

People with protection needs will permits, alongside the re-issuing acknowledging that it is refugees’ move – and should be able to move – of passports from Sierra Leone and inability to access their human in order to find effective protection. Liberia, and the government of rights – rather than their physical This principle is central to the very Sierra Leone has recently offered exile, which is only a symptom concept of the international refugee some 5,600 passports to former of the loss of such rights – which regime. This helps to explain why refugees wishing to integrate should be the focus of international UNHCR has become increasingly locally in their host countries. protection efforts. Meanwhile, interested since 2006 in the however, states continue to impede possibilities offered by promoting As the ECOWAS case shows, durable the movement of both refugees regularised labour migration as a solutions for refugees must, in and migrants across international solution to refugee exile, particularly some way, involve the regaining borders. Increasing concern with in terms of meeting socio-economic of meaningful citizenship, which border securitisation, the impact needs. UNHCR’s 2007 10-Point Plan is not necessarily connected to of global economic recession for providing refugee protection in accepting more mobility. Yet it is and rising domestic xenophobia mixed migration flows suggests that: equally clear that in many cases, have created a political cauldron fragile states emerging from conflict of intolerance in both the North “ There will be circumstances where cannot provide returning refugees and the South. Asylum and people who do not meet the criteria for with a sustainable socio-economic migration space is shrinking; states refugee status may nevertheless be in a livelihood or access to meaningful perceive no immediate political position to access alternative temporary political rights. UNHCR has begun advantages in allowing refugees’ migration options. These could to explore how repatriation could greater freedom of movement. variously allow them to stay legally be linked to greater encouragement in the country of arrival, or to move of post-return mobility, most This means that the real challenge in to a third country for humanitarian prominently in its work on the the coming years – for researchers, reasons, or for the purposes of 2003 Afghan Comprehensive UNHCR and refugees themselves work, education or family reunion. Solutions Framework, which – – will be how to persuade reluctant Efforts to address mixed population although hampered by significant states that acknowledging and movements should also explore a state security interests – argued protecting the mobility of refugees place for regular migration options, for the need for an integrated may in fact help to ‘solve’ twenty- temporary or even longer term...”3 long-term “migration and first century displacement crises development’’ approach to more effectively than insisting Regularised labour migration Afghan population flows. on return ‘home’. Collaborative may also play an important role in research on this topic will be addressing the needs of protracted The value of internal post- vital if we are not only to turn or residual refugee populations repatriation mobility is also research findings into UNHCR unable to access the three traditional increasingly recognised. UNHCR’s policies but to turn such policies durable solutions of repatriation, current return and reintegration into practice, with the ultimate resettlement or local integration: policy is explicit in rejecting aim of securing the most effective the idea that successful returns protection possible for all refugees. “Refugees in such situations could to refugees’ countries of origin perhaps be admitted to the migrant require refugees to return to Katy Long ([email protected]) worker and immigration programmes their pre-displacement lives: is currently working at the Refugee maintained by states that are unable to Studies Centre, University of Oxford, meet their own labour market needs. “Reintegration does not consist of and is a consultant to UNHCR’s Policy Many of these programmes, it should ‘anchoring’ or ‘re-rooting’ returnees Development & Evaluation Service be noted, also offer opportunities for in either their places of origin or their (PDES). Jeff Crisp ([email protected]) is long-term residence and naturalisation, previous social and economic roles. Head of PDES (http://www.unhcr.org/ and thus offer the prospect of a durable For example, refugees and IDPs who pdes/). solution as well as an interim one.”4 have experienced urban or semi- 1. This article is written in response to Giulia Scalettaris’ urban lifestyles during their period of article on ‘Refugees and mobility’ (published in FMR These ideas are not only being displacement may well move to towns 33) in which she concluded that UNHCR still retained an anti-mobility policy bias. developed at a policy level but and cities upon their return. Such forms 2. UNHCR policy on refugee protection and solutions are also being implemented in of mobility should only be regarded as in urban areas. September 2009 practice. In West Africa, the free a failure of the reintegration process if http://www.unhcr.org/4ab356ab6.pdf 3. UNHCR, Refugee Protection and Mixed Migration: a movement protocols agreed upon returnees are unable to establish new 10-Point Plan of Action, January 2007 by the Economic Community of livelihoods or benefit from the rule http://www.unhcr.org/refworld/pdfid/45b0c09b2.pdf. West African States (ECOWAS) are of law in their areas of origin, and 4. UNHCR, ‘Protracted Refugee Situations: A discussion paper prepared for the High Commissioner’s Dialogue now being used to provide residual thus feel that they have no choice but on Protection Challenges’ Geneva, December 2008. refugee populations from ECOWAS to settle in alternative locations.”6 http://www.unhcr.org/492ad3782.html. 5. See ‘Local integration in West Africa’ by Alistair states with both greater socio- Boulton, FMR 33 economic mobility and increased Conclusion http://www.fmreview.org/FMRpdfs/FMR33/32-34.pdf political security.5 In 2009, Nigeria In embracing mobility as a potential 6. UNHCR, UNHCR’s Role in Support of the Return and Reintegration of Displaced Populations: Policy issued residual refugee populations tool of protection, UNHCR is Framework and Implementation Strategy. February from Sierra Leone and Liberia with shifting towards a rights-based 2008. http://www.unhcr.org/47b06de42.html. three-year ECOWAS residence approach to displacement, 58 GENERAL ARTICLES FMR 35 Protection in natural disasters Elizabeth Ferris

Preparing for, responding to and recovering from natural disasters the idea of a rights-based approach to is as much about human rights as about delivery of relief items natural disasters is completely new.

and logistics. In most countries there are few Guidelines and principles are ■■rights related to physical security opportunities for human rights important for policymakers but and integrity (e.g. protection of the institutions to meet regularly they are also important to the first right to be free of assault and rape) with government policymakers responders. In May 2010, a workshop to talk about the human rights of in El Salvador was organised for ■■rights related to basic communities affected by disasters. fire-fighters, specialised military necessities of life (e.g. the In countries where discussion of units, government agents, and rights to food and water) international human rights standards the Red Cross who are the first was difficult, there was at least an outsiders on the scene when disaster ■■rights related to other economic, acceptance of the need for disaster occurs.1 As one military commander social and cultural protection needs asked: “When it’s 3.00 am and the (e.g. the rights to education and electricity has gone and the waters compensation for lost property) are rising and people don’t want to leave their homes, what is the ■■rights related to other civil and right thing to do? Do we force political protection needs (e.g. the them to leave against their will? rights to personal documentation Is it a violation of their human and political participation) rights to force them to leave?” The first two groups of rights are In recognition of the human rights usually the most relevant during dimension of disaster preparedness the emergency phase. Thus, in the and response, the Representative initial disaster response, it is usually of the Secretary-General on the more important to ensure adequate Human Rights of Internally access to water than to provide Displaced Persons developed the replacement identity cards to those Operational Guidelines and Field displaced. However, the Guidelines Moffroid EC/ECHO/Anne-Françoise Manual on Human Rights in Situations insist that only the full respect of of Natural Disasters2, which outline all four groups of rights can ensure preparedness plans which protect Floords in Kampung a human rights-based approach to adequate protection of those affected the most vulnerable and ensure Malayu, disaster preparedness, response by natural disasters, including those that plans are not discriminatory. A Jakarta, and recovery. In particular, the who are displaced. Unfortunately, common theme running through all Indonesia, Guidelines emphasise the fact discrimination in provision of of the workshops was the difficulty 2007. that people do not lose their basic assistance and lack of consultation in finding solutions for those human rights as a result of a natural with affected communities are displaced by disasters, particularly disaster or their displacement. particularly commonplace. when the displaced are unable to Even in the worst disaster situation return to their communities. In people are entitled to the basic Over the past two years, the this regard, the recently-revised rights guaranteed to all residents Brookings-Bern Project on Internal Framework on Durable Solutions3 and citizens, though they may in Displacement has organised a series was found to be a useful tool. addition have particular needs of workshops on protection and related to the disaster. The primary natural disasters in different regions, At whatever phase of engagement duty to protect and assist those drawing together representatives with natural disaster, there is affected by natural disasters lies from governmental disaster still much to be done to work with the national authorities response agencies, international out how to translate general of the affected countries. organisations, human rights groups, principles into practice to protect and national NGOs and Red Cross/ people when disasters strike. The Guidelines stress that human Crescent societies. These workshops rights encompass not only civil and – in Guatemala, India, Thailand, Elizabeth Ferris (eferris@brookings. political rights but also economic, Madagascar, South Africa, El edu) is Co-Director of the Brookings- social and cultural rights. However, Salvador and Indonesia – have all Bern Project on Internal Displacement in the midst of a disaster, it is been different, reflecting different (http://www.brookings.edu/idp) often difficult to simultaneously regional and national experiences 1. Organised with the Center for Coordination of Disaster promote all rights for all of with natural disasters. In some Risk Reduction in Central America (CEPREDENAC) and those affected. Thus for practical countries, there are long traditions Protección Civil-El Salvador. reasons, the Guidelines divide of human rights and strong human 2. http://tinyurl.com/OpGuidelines human rights into four groups: rights institutions, while in others 3. http://tinyurl.com/IDPs-durable-solutions 59 FMR 35

RSC Harrell-Bond Lecture 2010: António Guterres Forced Migration Online survey – with prize draw Wednesday 13 October 2010, 5pm, Oxford Forced Migration Online is asking all those who use its site António Guterres, former Prime Minister of Portugal and current (www.forcedmigration.org) to spare a few minutes to provide High Commissioner for Refugees, will give the RSC’s 2010 feedback to help them better address user needs. Please Harrell-Bond lecture in Oxford on Wednesday 13 October. Title go to http://www.surveymonkey.com/s/forcedmigration and venue to be confirmed. This event will be open to the public The survey will run from 14 June to 31 August 2010. It has 24 and free of charge. Details will be posted on the RSC website at questions and should take only 5-10 minutes of your time. http://www.rsc.ox.ac.uk Prize draw: Contributors will be entered into a prize draw, with the chance to win a bundle of books on forced New paper on current trends and future directions migration worth over US$300. To be in with a chance of of forced migration research and policy winning just make sure to fill in the optional name and The RSC has recently published a 50-page paper email address fields at the beginning of the survey. mapping contemporary issues and highlighting themes and topics requiring further attention from Researching forced migration? researchers, policy makers and practitioners. See ‘Researching Forced Migration: A Guide to Reference and Information Sources’ at http://forcedmigrationguide. The paper presents seven interconnected themes as being of pbworks.com/, produced by Elisa Mason, an independent key research interest and of immediate and future relevance information specialist focusing on forced migration issues. to policymakers: state fragility and forced migration; the economics of forced migration; environmental displacement; Also by Elisa Mason: displaced groups with specific needs; durable solutions; http://papers.ssrn.com/sol3/papers.cfm?abstract_ humanitarian space and spaces of protection; realising id=1509589 protection: legal and institutional challenges. The paper also (how to find full-text forced migration information online) identifies areas likely to demand attention in the future. http://fm-cab.blogspot.com/ Forced Migration Research and Policy: Overview of Current (a current awareness service highlighting web research and Trends and Future Directions. Online at http://www.rsc.ox.ac. information relating to refugees, asylum seekers, IDPs and uk/PDFs/RSC-FM-policy-and-research-overview.pdf other forced migrants)

FMR International Advisory Board Board members serve in an individual capacity and do not necessarily represent their institutions.

Diana Avila Rachel Hastie Dan Seymour Diálogo Sudamericano Oxfam GB UNICEF Paula Banerjee Lucy Kiama Vicky Tennant Mahanirban Calcutta Research Group Refugee Consortium of Kenya UNHCR Nina M Birkeland Khalid Koser Richard Williams NRC/IDMC Geneva Centre for Security Policy Independent consultant Mark Cutts Amelia Kyazze Roger Zetter OCHA Save the Children UK Refugee Studies Centre Eva Espinar Erin Mooney University of Alicante Independent consultant

Thank you to all our donors in 2009-2010 FMR is wholly dependent on external funding to cover all of the project’s costs, including staffing. We are deeply appreciative to all of the following donors both for their financial support and their enthusiastic collaboration over the last two years.

Australian Government Department Valenciana/Consellería de Educación • Sightsavers • Spanish Ministry of Immigration and Citizenship • Handicap International • INEE • for Science and Innovation • Swiss • Brookings-Bern Project on • International Rescue Committee • Federal Department of Foreign Affairs Internal Displacement • Catholic Norwegian Ministry of Foreign Affairs • UK Department for International Relief Services • CBM • CIDA • Norwegian Refugee Council/Internal Development (DFID) • UNAIDS • UNDP • Commonwealth Foundation • Displacement Monitoring Centre • UNFPA • UN-HABITAT • UNHCR • Danish Refugee Council • DFAIT • Open Society Justice Initiative • US Department of State, Bureau of Canada • DHL • European Union Oxfam GB • Reproductive Health Population, Refugees, and Migration • Feinstein International Centre, Access, Information and Services • Women’s Refugee Commission Tufts University • Generalitat in Emergencies (RAISE) Initiative Welcome to Luxembourg Luxembourg is a small country and although it has a very high proportion of migrants and foreigners it is rarely represented in discussions on refugees and migrants. Yet its policy towards asylum seekers with disabilities merits wider attention, as shown by this testimony by a refugee family in Luxembourg.

My name is Mukamutesi Ziada. I am 46 years old, I am and of the rights of people with intellectual disabilities. married to Kabera Andere and we have four children. In September, at the start of the school year, Joslain joined Kirezi Christian, 18 years old, and Uwizeye Joslain, a special needs school and one month later there was a aged 13, both have intellectual disabilities. Even plan in place to enable him to catch up on his education. before we were displaced, Christian could not go to school in Congo because there were no appropriate The school and the Ministry of Transport also arranged educational establishments in our region of Congo. suitable transport for him between home and school. In 1998, when Joslain was still two years old, the It is obvious that Joslain is delighted and is eager to go war broke out and, fearing because of our Rwandan to school, not least because it is all a novelty for him. origins, we fled to Goma. There too our sons could The rules are that Christian, having reached 18 years not go to school, both because there was no qualified of age, should go into sheltered accommodation, and teaching for them and because of insecurity. the Association des Parents d’Enfants Mentalement Handicapés (Association of Parents of Children with After my husband went into exile for political reasons Mental Disabilities) is making sure that all of the and my two oldest children went to Rwanda to continue necessary administrative procedures are fulfilled. At the their higher studies, it became harder and harder for me same time the disability employment office is looking into to look after my two younger sons alone. So I too went his case to ensure that his rights are respected and his to Rwanda, where I had been born. Here too conditions opportunities widened. were not good for the boys’ progress as they grew up. I am grateful to the state of Luxembourg for having Luckily, after some time their father, who had obtained put in place good systems to receive refugees and political asylum in Luxembourg, was granted permission especially those with disabilities. I am also grateful to by the government for family reunification there. organisations such as Caritas which has supported us The International Organization for Migration, which throughout so that our children’s rights are respected undertook all arrangements for our travel, was informed and their potential realised. about our two disabled children and they made all the relevant administrative arrangements for us. Mukamutesi Ziada

We arrived in Luxembourg in May 2009. The For more information, please contact Ana-Marija Soric Luxembourg Office for Reception and Integration (Office ([email protected]) at Caritas Luxembourgeois d’accueil et d’intégration) quickly made Luxembourg (http://www.caritas.lu). us aware of how things work