Internally Displaced Persons

A WORLD VISION JOURNAL OF HUMAN DEVELOPMENT

Fourth Quarter, 2004

Protection for refugees and the displaced – sharing the responsibility

Dr Ruud Lubbers United Nations High Commissioner for Refugees The Hon Omar Ramadhan Mapuri Minister for Home Affairs, United Republic of Tanzania Mary E Pack Director for Migration and Refugee Affairs, InterAction Dr Walter Kälin Representative of the UN Secretary-General on the Human Rights of Internally Displaced Persons Who is my neighbour? Headline goes here or ONE IN 50 of the world’s people, including as many as 25 million children, are delete this box now refugees, migrants, asylum seekers Fourth Quarter, 2004 or displaced persons. Often uprooted by Author Byline armed conflict, human rights abuse, or the violence of poverty or hunger, they have Protection for refugees and the displaced fled to another part of their own land or across an international border. This edition Protection and paradox Ruud Lubbers ...... 1 of Global Future examines their protection needs and rights. Burden sharing – Pakistan’s experience Yusuf Ghaznavi...... 3 Recently the UNHCR Executive Com- mittee revisited the issue of responsibility Building a culture of protection – sharing to ensure protection for millions challenges and opportunities for NGOs Mary E Pack...... 5 on the move. As High Commissioner Lub- bers notes in our opening article, people Children – the most vulnerable uprooted fleeing persecution have a right to seek asy- Carol Toms & Heather MacLeod...... 7 lum, yet states are not rushing to grant it. If responsibility sharing means anything, surely Protecting human rights, preventing dislocation Arthur E Dewey ...... 10 it means supporting countries on the front lines of mass people movements, like those The human rights of asylum seekers Marcus Einfeld ...... 12 that Ghaznavi and Mapuri spotlight. It also means prevention. Dewey argues Internally displaced persons – the protection gap Walter Kälin ...... 14 for stepped-up human rights monitoring to prevent (or at least bring to justice) seri- Protecting internally displaced people in Uganda Robby Muhumuza ... 16 ous abuses that cause displacement. Can the millions who have already fled home Living in limbo – on-shore asylum seekers David Spitteler ...... 18 expect protection? Despite the Refugee Challenges of refugee protection in Tanzania Convention, the Convention on the Rights of the Child, and other provisions, too many Omar Ramadhan Mapuri ...... 20 cannot. Responsibility means both the letter Putting right the wrongs of war? and spirit of the law. Pack calls for a protection “culture” among NGOs; Toms and housing in Bosnia and Herzegovina Elizabeth Hughes-Komljen 21 ...... MacLeod show ways to protect children in displacement from the grave threats facing Preventing re-displacement Tom Getman ...... 23 them. Kälin explores ensuring protection Neighbours, asylum and xenophilia Ismo Rama...... 25 for the rapidly growing numbers of internally displaced people, whose own governments may fail them. Responsibility means, in many cases, Global Future is published quarterly by World Correspondence/donations should be granting asylum. In painful contrast to the Vision to encourage debate and discussion on addressed to: development issues. neighbourliness of some poorer countries, Global Future Einfeld and Spitteler highlight an apparent Publisher Dean R. Hirsch World Vision International Editor Heather Elliott disregard for the humanity of asylum seek- 800 W. Chestnut Ave. ers, including children, who reach one afflu- Contributing correspondents: Kelly Currah, Monrovia, California 91016-3198, USA ent country’s shores. Melanie Gow, Brett Parris, Matt Scott, Don Brandt, Telephone (1) 626-303-8811 Every day, people are sent back to fear- Joe Muwonge, Siobhan Calthrop, Ruth Kahurananga, Fax (1) 626-301-7786 ful destinies; responsibility sharing has clear- Haidy Ear-Dupuy, Martin Thomas. e-mail: [email protected] ly failed them. Hughes and Getman raise All opinions expressed in Global Future are those of the authors and do not represent the OR: concerns about durable return and reset- opinions of the World Vision organisation. tlement. Ending violence, conflict and pov- Articles may be freely reproduced, with World Vision acknowledgement, except where other copyright 6 Chemin de la Tourelle erty is the only “durable solution”, but even is indicated. 1209 Geneva, Switzerland in the meantime there is much work to do. Global Future is distributed to many NGOs and Jesus’ answer to the “neighbour” question non-profit organisations in developing countries. www.globalfutureonline.org – xenophilia rather than xenophobia – has Donations to support our production and mailing costs are very welcome (US$20 suggested). ISSN 0742-1524 perhaps never been more timely. – Heather Elliott

COVER DESIGN: FRIEND CREATIVE (Melbourne, Australia) / COVER IMAGE: David Ward/World Vision Global Future — Fourth Quarter 2004 1 “Temporary” Afghan refugee settlement in Pakistan, where many families lived for five years or more HeadlineProtection goes and here paradox or delete this box

AuthorRuud Lubbers Byline

FOR THE UNITED NATIONS newly displaced people and refugees. UNHCR is working both with the ref- High Commissioner for Refugees, In Sudan’s strife-torn Darfur region, ugees in Chad and with the uprooted 2004 was a year of return and part- for example, some 1.6 million are in Darfur. We have three main field nership, but also one of paradox. now internally displaced, while anoth- offices in each of Darfur’s three states, er 200,000 have fled to neighbouring but are focusing most of our attention UNHCR and its partners, including Chad to receive help in 11 refugee World Vision, can take great satisfac- on West Darfur adjacent to the bor- camps overseen by UNHCR and its tion from the fact that the global der with Chad. This is home to most partners. number of refugees and others of of the Darfur refugees now in Chad concern to my office has continued and, with more than half a million to fall – from 21.8 million at the Asylum is being internally displaced in West Darfur, beginning of 2001, to 17.1 million at eroded by fear, could generate a much larger exodus the start of 2004. That’s an overall if the situation is not soon stabilised. decline of nearly 22%. Moreover, the confusion and Chad is already over-burdened and number of people seeking asylum in politicisation simply does not have the resources industrialised countries has reached – most crucially, the water – to cope the lowest level in 17 years. with further large-scale arrivals. I lament the fact that it took the But while international efforts to international community so long to Repatriations are up find lasting solutions for millions of wake up to the seriousness of the uprooted people have brought steep situation in Darfur. In three missions Despite this and other worrisome declines in the numbers of refugees to the region since 2003, I have seen situations, including most recently in and asylum seekers, our work is far the unfolding of a crisis of huge and Côte d’Ivoire, there have been several from finished. Paradoxically, despite tragic dimensions. positive refugee developments around falling numbers, the insti- tution of asylum is still being eroded by fear, confusion and politicisation in many parts of the world. This has resulted in a much less friendly environment for refugees and those trying to help them. In the past few years, the politicisation of immigration, confusion between refugees and economic migrants, and fears of criminal and terrorist networks have combined to weaken asylum legisla- tion in many countries. And despite the global decline in the number

of concern, the past 18 HEGER/MARCH 2004 UNHCR/B. months have seen hun- Sudanese refugees from the Darfur region of Sudan at camps near the Sudanese Chad border, meeting dreds of thousands of the United Nations High Commissioner for Refugees

Global Future — Fourth Quarter 2004 1 for the Bhutanese in Nepal and inter- the entire chain of displacement nally displaced Colombians. – focusing on solutions in regions of origin, transit and destination. We must also challenge the notion that refugees are being “warehoused” As we see it, the Mediterranean by empowering them on the way to issue has three components. First, we finding solutions. A particular focus need to build up protection capacity of UNHCR’s work has been the in North African states. Second, we empowerment and protection of need to deal with people intercepted refugee women, including their par- on the high seas through a proper sys- ticipation in camp management and tem of responsibility and burden shar- food distribution. ing. Third, we must ensure that individuals who have entered a European Once refugee solutions are found, Union member state will be treated there must be continuing international and screened in conformity with the support for post-conflict reconstruc- Tampere principles. While protecting tion and sustainable reintegration, in their own interests, states should not order to break the cycle of violence forget humanitarian and legal stand- and ensure that all uprooted people ards. We must be guided by a desire UNHCR/O. VOGELSANG/2001 UNHCR/O. who have chosen to go home can stay to share, not shift, the burden. Mr. Ruud Lubbers, United Nations High home. Commissioner for Refugees Critical concerns We must be guided the world. In September, UNHCR At the recent 55th annual meeting of by a desire to announced the one millionth return UNHCR’s governing Executive Com- share, not shift, to Bosnia and Herzegovina. Some 3.5 mittee (ExCom), governments shared the burden million people have repatriated to my concern over the deteriorating Afghanistan. humanitarian security environment in which we and partners such World Burden sharing is one of the key ele- Africa is on the march with repa- Vision must operate, in places like the ments of my “Convention Plus” initia- triation, with several nations on Caucasus, Afghanistan, the Middle East tive for durable solutions. Convention that continent either preparing for Plus is no longer a promise for the and some parts of Africa. or carrying out large-scale volun- future. It is a reality today. We have tary returns. Some 10,000 people a I also lamented the continuing mis- made considerable strides since the month are going home to Burundi. characterisation of international refu- introduction of Convention Plus two The three-year Sierra Leone repa- gee instruments by various politicians years ago, both on burden sharing triation operation drew to a close in and governments who have claimed and solutions for more refugees, as July, after helping more than 280,000 they somehow provide a “safe haven well as developing the tools to do people to return. In October, UNHCR for terrorists”. As we know, interna- even better. Also relevant is the “4Rs” began its massive Liberia repatriation tional instruments such as the 1951 programme of repatriation, reintegra- programme, expected to bring some Convention on the Status of Refugees tion, rehabilitation and reconstruction 340,000 people home over the next specifically provide for the exclusion for refugees. three years. Another 250,000 have so of terrorists from refugee protection. far returned to Angola and 230,000 Several delegations at the October have gone home to Eritrea. The phenomenon of mixed flows ExCom meeting, particularly repre- of migrants and refugees also came sentatives from Africa, spoke of the This progress reflects a growing com- up during the ExCom debate. Using need to break the cycle of violence in mitment by the international commu- North Korea as an example, I told order to make refugee return sustain- nity to enhance voluntary repatriation governments that our response must able. Thus, I salute the focus of the and find solutions to some of the be to ask how anyone can be cer- African Union on the security dimen- world’s most protracted refugee situ- tain there are no refugees in a given sion on their continent. There can be ations. To fully meet our international group. no development as long as violence is protection responsibilities, we must allowed to continue.  resolve protracted situations such as In Europe, much attention is currently those in the Great Lakes region and focused on the arrival of mixed flows Mr Ruud Lubbers is the United Nations High Burundi – which stand at historical via North Africa. From UNHCR’s per- Commissioner for Refugees. He was formerly crossroads – as well as in Somalia, and spective, it is essential that we address Prime Minister of the Netherlands.

2 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 3 Burden sharing – Pakistan’s experience

Yusuf Ghaznavi

FOR NEARLY TWO DECADES, dimension, Afghans – both those in involvement in the war, Pakistan soon Afghan people who left their home- exile and resistance fighters – began received the coveted title of a “front- land to seek refuge outside Afghani- receiving strong moral and material line” state against Soviet expansion- stan comprised the largest refugee support from the religion-based par- ism. “caseload” in the world. At its peak, ties in Pakistan. at the beginning of the 1990s, this The military government in Paki- Some began to exodus saw an estimated 6.2 million Afghans (over 35% of the total esti- stan, which had come to power by blame Afghan mated population of Afghanistan at overthrowing the elected civilian exile seekers for democratic government, was desper- that time), living as refugees – nearly Pakistan’s ills half of the total worldwide refugee ate for legitimacy and international population. recognition. It seized the opportunity to openly welcome the refugees and However, with the withdrawal of A massive 3.5 million of these people assist the jihad (“holy war”) by sup- Soviet troops from Afghanistan in 1 took refuge in Pakistan, where both plying weapons and logistic support 1989, and a reduction of external the government and local populations to the insurgents fighting the Soviet assistance, both military and financial, welcomed them. The host popula- army. With increasing United States both the people and the government tions’ unique perceptions, attitudes and – implicit in these – receptivity to burden sharing evolved during three periods or phases of refugee presence in Pakistan.

Phase I (1978–1989) The door is open; welcome! Overarching other factors, the Islamic tradition of providing refuge influ- enced Pakistani behaviour towards the refugees. This tradition goes back to the Prophet Muhammad, who found Mecca hostile and intolerable and along with his close companions emigrated to Medina – a journey known as the hijra, which is the beginning of the Islamic calendar. It was quite natural for Muslim Pakistanis to consider it their Islamic duty to provide exile to their Afghan neighbours. In addition, there are strong ethnic and linguistic links between the majority ethnic group in Afghanistan, the Pashtuns, and their kin (the Pathans) living across the border in North- Western Frontier Province (NWFP) and Balochistan province of Pakistan.

As the Afghan resistance to Soviet VISION WARD/WORLD DAVID occupation had assumed an Islamic Afghan refugee family, newly arrived at a Pakistani border village in the early 1980s

2 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 3 Pakistan strongly feels that it has done more than its share of “burden sharing”, and that the international community, particularly the United States, after meeting its objectives in Afghani- stan, had no further interest in helping Pakistan cope with the refugees and left Pakistan in the lurch.

Pakistan feels strongly that it has been left in the lurch

It is quite clear that at the end of UNHCR’s voluntary repatriation programme in March 2006, there will be hundreds of thousands, if not millions, of Afghans left in Pakistan who are

KEVIN COOK/WORLD VISION KEVIN COOK/WORLD unwilling or unable to repatriate to A long-established Afghan refugee camp near Pakistan’s frontier town of Chaman, in 2001 their ancestral homes in Afghanistan. Lack of physical security, warlord-ism, and lack of shelter and opportunities of Pakistan (now once again in civil- Pakistan continued, however – some for earning a living in Afghanistan are ian garb with strong military influence through the remote mountainous some of the reasons refugees give for over Afghan policy) began feeling passes which are difficult to patrol. not repatriating. let down by the international com- Further reduction in external assist- munity, especially the United States. Both at the government level and ance resulted in reduction of services Complaints began to appear in the among the common people in Paki- provided to refugees. In September Pakistani press about the cost being stan, there is a strong feeling that the 1995, the United Nations High Com- borne by Pakistan in terms of ecologi- presence of refugees has negatively missioner for Refugees (UNHCR), the cal and economic damage because of impacted life in Pakistan and that lead UN agency, discontinued food aid the presence of Afghans on Pakistani there is a moral obligation for the for refugees in “old camps”. soil. Social problems, including the international community to help them “Kalashnikov culture” (free availabil- The litany of complaints against refu- bear this burden. For they know that ity of automatic weapons), sectarian gees’ presence now included most come March 2006, they will be left violence and widespread availability social ills among local populations, with hundreds of thousands of refu- and use of heroin (though interest- including sectarianism, high crime gees, who are increasingly becoming ingly, according to official figures rates and even increased incidence of unwanted.  there were only two known heroin prostitution. users in Pakistan in 1980), were Mr Yusuf Ghaznavi has worked for international attributed to the presence of Afghan Phase 3 (2001–present) non-profit humanitarian organisations assisting exile seekers. Afghans, including Management Sciences for The door is closed; go home! Health and the International Rescue Committee. Despite the UNHCR-assisted vol- Fluent in local languages, he has worked in both Phase 2 (1990–2001) Afghanistan and Pakistan. untary repatriation of 2.2 million The door partially closes 1 refugees from Pakistan since 2002, Since Afghanistan never had a full and systematic census, the population figures have been The establishment of the Mujahideen the GOP estimates that 3.2 million a matter of guesses and controversy. Similarly, government in Kabul, and the subse- Afghans remain in Pakistan, most of the registration of Afghan refugees in Paki- quent internecine blood-letting among them in urban centres.2 A tripartite stan has been sporadic. The estimates used Afghan resistance groups vying for agreement signed by the governments here are those generally accepted by most scholars. supremacy, obliged the Government of Afghanistan and Pakistan and the 2 UNHCR has a lower estimate of 1 million of Pakistan (GOP) to periodically UNHCR stipulates UNHCR assist- refugees in the camps and 800,000 in urban close its borders to incoming Afghans. ance for voluntary repatriations until areas, giving a total of 1.8 million. New influxes of Afghan refugees into March 2006.

4 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 5 Building a culture of protection – challenges and opportunities for NGOs

Mary E Pack

WAR HAS CHANGED. ARMED holistic and complementary approach alliance of international development conflict is no longer fought on bat- by all relevant actors in a humanitarian and humanitarian non-governmental tlefields, but in towns and villages, in emergency. organisations. backyards and on main streets. The Through the InterAction Protection victims of conflict have also changed. What does this mean Working Group, which comprises Whereas a century ago the majority for NGOs? representatives of over 30 agencies of casualties were soldiers, today it is Allegations of sexual exploitation engaged in humanitarian assistance, civilians – often women and children and abuse by humanitarian workers NGOs have come together with the – who are the victims or the targets in West Africa in 2002 led to the purpose of enhancing the capacity of warring parties. development and adoption of Codes of humanitarian actors to protect The response to the humanitar- of Conduct by many agencies in the refugees, internally displaced persons ian crises resulting from these con- humanitarian community. This includ- (IDPs) and civilians affected by conflict. temporary wars is evolving as well. ed NGOs that did not see themselves To this end, in April 2004 the working Experiences in places such as Rwanda, as directly engaged in protection group released Making Protection a Pri- Bosnia and, most recently, Darfur work. The daily challenges faced by ority: Integrating Protection and Humani- have given the international commu- staff in the field in many humanitarian tarian Assistance, a paper that presents nity a heightened awareness of the crises have also made protection a the concept of protection as a collec- protection needs of civilian popula- more visible priority. Still, many agen- tive responsibility and aims to further cies are struggling to conceptualise tions affected by conflict. the understanding of protection what protection is and how it fits with among humanitarian NGOs. Offering the work of their organisations. Protection cannot an expanded vision of protection that be an afterthought There has been extensive discussion includes the reduction of emotional over the years regarding a common and social risks as well as the physical – it must be built definition of protection, and the risks, it also provides practical sugges- into programmes scope of protection has grown over tions for how to integrate protection the past decade in an effort to address into humanitarian assistance. Protection is first and foremost the the realities on the ground. However, responsibility of states, which under a definition that was agreed during Programming through a a series of ICRC-led workshops in international law are obliged to pro- protection lens 1996–2000, in collaboration with tect those within their territorial Providing humanitarian assistance 50 human rights and humanitarian boundaries. When states are unable does not, in and of itself, constitute NGOs, is widely accepted today: or unwilling to protect, however, the protection. Protection requires exten- international community has a respon- The concept of protection sive attention to policy, threats, risks, sibility to step in until such time that a encompasses all activities aimed community assets, practice, capacity state can re-assume its obligations. at obtaining full respect for the building, and effective monitoring and rights of the individual in accord- reporting, among other considera- Protection has traditionally been ance with the letter and spirit of tions. Protection and assistance are viewed as the role of specialised the relevant bodies of law (i.e. inextricably connected, however, by agencies such as the United Nations human rights law, international their common purpose of safeguard- High Commissioner for Refugees law, refugee law).1 ing and actualising basic rights. (UNHCR) and the International Com- mittee of the Red Cross (ICRC). Due Using this understanding as a frame- To properly incorporate protection to the overwhelming needs, however, work, efforts are underway on many into assistance, protection cannot be there is growing recognition that pro- fronts to promote a protection treated as an afterthought and must tection must be a collective respon- agenda. These include an initiative be integrated into the design and sibility. The magnitude of the gaps in being taken forward by members of implementation of programmes delib- addressing those needs begs for a InterAction, the United States’ largest erately and early in the process.

4 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 5 The working group paper outlines partners – such as local people, camp required to address, it is critical that specific areas and identifies practi- managers, district officials, national the case be made for why and how cal steps for putting protection into government agencies and officials, integrating protection into the work practice, illustrating how humanitarian NGOs and inter-governmental agen- and vision of their agencies can ben- agencies can contribute to protection cies. In many cases, the presence of efit their organisations. in their ongoing work. international staff can itself decrease Risk management is perhaps the most protection threats and violations, and Multi-sectoral integration Wheth- obvious consideration for building this simple tool can be applied by er an agency is engaged in water and protection into an organisation’s ensuring regular visits to locations sanitation, food distribution, educa- work. Reducing risks to both those where protection is a priority con- tion or health care, building protec- receiving services (programme par- cern. NGOs can also contribute to tion elements into these sectors can ticipants) and the organisation would this effort by participating in protec- reduce risks both to those receiving be a priority for any CEO. The scan- tion working groups and protection the services and to the organisation dals of West Africa were one instance meetings, in order to share infor- providing them. It can also enhance where having protection mechanisms mation and strengthen capacity to the effectiveness of programmes. in place may have helped to prevent address local protection concerns. Involving the community in the plan- exploitation and abuse. ning and design of programmes can help to identify and address potential A culture of Also, donors are increasingly viewing protection concerns. protection as a critical component of protection helps humanitarian response. Within the US For example, in a refugee camp in a humanitarian Government, for example, the Bureau Sierra Leone, sanitation experts con- agency reduce risks of Population, Refugees and Migration sulted with women to map risks and now requires that Codes of Conduct develop a protection plan, including and achieve its goals on the prevention of sexual exploita- proper lighting and location of latrines. tion and abuse be signed and imple- A programme for IDPs in Northern Advocacy Relief agencies may regard mented within organisations in order Uganda, meanwhile, engaged IDP policy advocacy as too political, or for them to benefit from funding. The women in the planning and distribu- as too removed from their mission US Office for Foreign Disaster Assist- tion of food aid to children, helping of delivering urgently needed assistance has included protection language to ensure that vulnerable children ance, to warrant their direct involve- in its grant guidelines, encouraging received adequate portions and that ment. Advocacy, however, occurs also implementing partners to “incorpo- parents did not use food in other through other forms of influence such rate a protection mindset” into the ways. as dialogue and education, which may design and implementation of their Data collection A significant impedi- be well within the interests of any assistance programmes. relief agency. ment to protection in many emergen- Most important, perhaps, is the fact cies is the lack of accurate data on that actions to further protection Making the case for vulnerable people, including women also amplify the impact of humanitar- incorporating protection and children. All humanitarian agen- ian service delivery. The integration cies could contribute to protection Over the years, there have been a of protection elements into humani- by collecting and disaggregating data number of important initiatives and tarian assistance can result in better by age and gender as part of any trainings that have provided humani- programming and enable humanitarian assessment. tarian workers with the background agencies to achieve their own organi- Capacity building A holistic and tools to better enable them to sational goals more effectively.  approach to protection requires build- understand and address protection ing capacity within agencies, partner concerns. Many of these initiatives Ms Mary E Pack is Director for Migration agencies, authorities on the ground have justifiably taken place in the field and Refugee Affairs with InterAction, the United States’ largest alliance of humanitar- and communities themselves. A fun- and/or have been focused on field ian and development organisations. See: damental part of this capacity build- staff. www.interaction.org ing is to ensure that all humanitarian The institutional change required for 1 Third Workshop on Protection for Human Rights workers have a basic understanding of building a culture of protection within and Humanitarian Organizations: Doing Some- human rights and international legal thing about it and Doing it Well, Report, ICRC, an organisation requires the under- standards for protection. Geneva, 1999, p 21 standing and commitment of CEOs Coordination A key to protection and senior management. Given the is effective coordination among many myriad of concerns that CEOs are

6 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 7 Children – the most vulnerable uprooted

Carol Toms and Heather MacLeod

LEGAL PROTECTION FOR new environments is often highly dis- ily employment, may have to work in refugee children and adults is enshrined tressing for children. Forcibly uproot- exploitative and dangerous situations in the 1951 United Nations Convention ed children may be trying to cope with to earn money. Sexual abuse leads to on the Status of Refugees and its 1967 tasks that are new to them (collecting an increased risk of HIV/AIDS and Protocol. Children have extra protec- firewood, queuing for rations, using early pregnancy for girls; its use as a tion enshrined in the 1989 Convention communal sanitation facilities) at the “weapon of war” is well documented, on the Rights of the Child (CRC). These same time as trying to process their particularly in the Balkans, the Great instruments emphasise non-discrimi- grief at losing home, family members Lakes region, and Sudan.2 nation, the best interests of children, and friends. Many displaced children Separation from carers During a and children’s survival, development have seen, or directly experienced, population movement, children may and participation. Article 22 of the disturbing things. become separated from their parents, CRC states that special protection Abuse and exploitation Children families or carers, or may indeed leave is to be given to refugee children and who are away from structures and without their parents. Tracing activi- that reunification of children with mechanisms that provided protection ties are needed as soon as possible, their families should be a priority. for them before, or who have lost fam- especially for the youngest children Risks for displaced children Particularly in times of violent conflict, children who are uprooted from their homes face enormous risks. Health hazards Conditions during displacement make epidemics of childhood disease more likely. Displaced and refugee children often lack clean water and sanitation, which puts them at risk of diseases including typhoid, polio and hepatitis. Lack of mosquito nets means an increased risk of malar- ia. Health facilities are often destroyed in conflicts, or health professionals targeted or killed. Reproductive health services are not always maintained,1 affecting victims of sexual abuse and young people who need reproductive health advice. Vaccination records may be lost or the vaccine cold chain bro- ken during a move, and new locations may not have immunisation services. Lack of education Displaced children may have moved away from their usual schools, to situations that (at least initially) lack any basic services. Education facilities may be destroyed or damaged, and staff displaced. KAREN HOMER/WORLD VISION KAREN HOMER/WORLD

Psycho-social impacts Moving away Two Sudanese girls in a refugee camp in Chad; the older girl’s brother was killed in an from familiar people and routines to attack on their village

6 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 7  child-headed households, who may than working from a “trauma-based” Burundi, 2004 be unable to support themselves or “illness” model. if access to food or other basics For more than 10 years now, depends on adult registration; Restoring access to basic services and children living in Burundi have ensuring basic needs are met (shelter, been displaced again and again  children associated with minority food, water, sanitation), and giving due to the conflict there. This groups, who often face further people information on their entitle- has deeply impacted their basic discrimination when resources are ments to assistance, are all psycho- rights to food, shelter, health short; and social interventions because they and education services. While  girls, who may take on extra help people to re-establish a sense of peace agreements have been responsibilities if family members stability, structure and routine. Wher- signed and re-signed, children are missing, or if tasks like col- ever possible, we work with children have continued to live in fear lecting water or queuing for food affected by the displacement both in and uncertainty. The long-term take more time than before; who host communities and in camps. impact of this war on girls and are more likely to face abuse and Key components of World Vision’s boys is not yet fully understood exploitation if protection mecha- response to displaced children are: but the psychological and social nisms are not in place. scars will not disappear the day Providing material support To meet the fighting stops. World Vision’s approach children’s as well as adult family members’ needs, we provide items such World Vision’s approach to the reali- as water carriers small enough for sation of children’s rights in situations who may not know their names, vil- women and children to handle, combs of displacement focuses on promoting lages of origin, or family details. Chil- (to prevent head lice) and shampoo, holistic well-being, with an emphasis dren may end up living together in nappies/diapers, and sanitary protec- on the psycho-social dimensions. This child-headed households when there tion for women and girls. Care is taken means identifying and building on chil- is no carer. to help ensure that latrines are sited dren’s (and communities’) own coping where girls and boys feel safe, and are mechanisms and resilience, rather Births not registered Children child-friendly in design (low door han- continue to be born during war or dles, grab handles, and so on). turmoil, in refugee and displacement camps. Lack of identity documents Promoting codes of conduct often denies children and families Chad, October 2004 (behaviour protocols) We work access to government services. With- Families who fled to Chad with the NGO and UN communities, out catch-up and ongoing birth reg- from Darfur, Sudan, face many and with local communities, to ensure istration activities, displaced children protection issues. In the desert that everyone understands their obli- may be affected for years to come. across which they fled, access gations and responsibilities for the protection of children. Where abuse Recruitment into fighting forces to water was scarce. Some comes to light, we ensure reporting During displacement, or once dis- children were separated from mechanisms that respect the right to placed, children may be persuaded or their families. Women and confidentiality and that focus on the forced to join fighting forces or armed children report being attacked best interests of the child. groups. en route and whilst collecting firewood outside camps. Family tracing/reunification Either Highly vulnerable groups Families live in large camps directly or through partners, in line with minimal access to basic with the Inter-agency guiding principles Some categories of children tend to services. Rations have not on unaccompanied and separated chil- be most vulnerable during a refugee met daily requirements (2,100 dren,3 World Vision seeks to reunite or displacement crisis: Kcal), so children under 5 and children with their families.  children from residential institu- pregnant and lactating mothers Supporting child-friendly spaces tions who now have to fend for needed supplementary feeding. These can be in or near camps, and/or themselves; Few children have access to education; children have little in communities if children are with  children with disabilities (vulner- to do and urgently need devel- host families. They may be tents, build- able to abuse in normal times), opmental activities for their ings, or simply cordoned-off areas, whose health needs may no longer physical, psychological, social where children feel and are safe be met, access to education may and spiritual well-being. (from abuse, exploitation, landmines, end, and family stress increase; falling masonry, or recruitment to

8 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 9 to create differentials between Iraq, July–August 2003 groups); Northern Uganda, 2004 World Vision and staff from the  register separated and unaccom- The humanitarian crisis in Ministry of Social Affairs found panied children, and support family Northern Uganda, currently that many children working tracing services for children who the world’s largest, has not on the streets in Mosul, Iraq, have been separated; gone away. Conflict has raged had been displaced as a result  encourage family-based support for 18 years, and children are of the hostilities and regime services (fostering, and if neces- prominent among its victims – change. Their parents had sary for older children, adoles- being abducted, forcibly recruit- been forced from their homes cent-headed households) rather ed to fight, raped, maimed or when rent controls ceased, than institutions, for children psychologically abused. For employees in Saddam Hussein’s needing care and protection, and years, World Vision’s Children government had lost their jobs, permit child-headed households to of War Rehabilitation Centre, and now the children – some receive food and non-food items at Gulu, has provided trauma- as young as seven – were sell- on a par with other households; tised former child soldiers with ing cigarettes at traffic lights, refuge, psycho-social counsel- carrying goods in the market,  promote codes of conduct ling and basic material needs. or simply begging. Many faced amongst government staff includ- Urgent international effort is problems typical for displaced ing police and military, ensuring needed to end this conflict. children in camps: they lacked effective reporting mechanisms for access to basic health care and infringements;  support community-based child complained of various ailments,  resource those services that or appeared not to have access have extra users as a result of protection systems that move with to school. displacement or refugees; for communities wherever they go. example: ensure that schools have Given the high mobility of human sufficient space and textbooks for populations in our world, and the spe- armed groups or fighting forces). They all children, and that clinics have cial vulnerability of children, we must are spaces where children can gather sufficient drugs and materials to give urgent priority to protecting with their peers and take part in com- treat all patients; displaced and refugee children. Child munity-run activities to support their protection must be incorporated and psycho-social well-being and develop-  implement the SPHERE standards;4 promoted in all aspects of our work ment, including spiritual nurture, with  support culturally-appropriate – from disaster mitigation to emer- great sensitivity to both the vulnerabil- services for survivors of gender- gency response.  ity of the children and the restricted based violence, with specialist nature of the context. They provide facilities for children; and Ms Carol Toms is Child Protection Officer for children with a routine and stability World Vision International and for World Vision at a time of great stress, and allow Middle East and Eastern Europe Region. children in need of special support Ms Heather MacLeod is Child Protection 5 – such as those separated from their Lebanon, Director for World Vision International. families, those who have lost family, or November 2004 1 See: www.womenscommission.org/pdf/cd_ misp%20final.pdf who have chronic medical needs – to Children in Beirut, Lebanon, 2 See, for example: www.hrw.org/reports/2000/ be identified and referred to specialist whose families were displaced fry/Kosov003-02.htm#P186_35892 services if possible. They also facilitate from Palestine more than 50 3 UNHCR, Inter-agency guiding principles on disseminating key messages such as years ago, still have no access unaccompanied and separated children prevention of further family separa- to Lebanese services such www.unhcr.ch/cgi-bin/texis/vtx/home/+bwwB tion, or the importance of hygiene. mLeYfz3wwwwqwwwwwwwhFqA72ZR0gRf as education and health. As ZNtFqr72ZR0gRzFqmRbZAFqA72ZR0gRfZN refugees, their parents are not Dzmxwwwwwww1FqmRbZ/opendoc.pdf What can be done? allowed to work. Child pro- 4 See: www.sphereproject.org/index.htm 5 Two key World Vision programming docu- To support refugee and displaced chil- tection services do not cover non-Lebanese, leaving abused ments A draft framework for psycho-social in- dren, governments and humanitarian terventions (September 2003), and Child-friendly and exploited children without agencies can: spaces: a World Vision approach (August 2004), protection. The very limited are available from [email protected] or  ensure access to basic services, services they do receive are [email protected]. wherever possible on a level with provided through the UN. the local population (so as not

8 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 9 Protecting human rights, preventing dislocation

Arthur E Dewey

WHAT IS THE MOST COSTLY feed, and ensure the health and safety UN High Commissioner for Human component of a complex humanitar- of 200,000 Sudanese refugees. Rights (UNHCHR) sometimes has ian emergency? It is the massive dis- human rights monitors on the ground. Where international efforts are falling placement, internally or externally, of In some situations, UNHCR deploys short, however, is in preventing the emergency victims. The usual culprit? mobile protection teams to monitor human rights violations that cause Human rights violations committed internal displacement and map and displacement. While UNHCR has by power-hungry leaders or ethnic- assess the condition of abandoned taken on some responsibilities for majority bullies are the most com- and destroyed villages. These efforts the internally displaced persons in mon cause. may barely hold the line. Unlike the countries such as Sudan, other UN Battle of Britain, where a “few” made Once they leave their country of ori- agencies need to assume a greater gin and seek safety elsewhere, fleeing role. Deploying large numbers of the difference, the centre of gravity individuals and families become the human rights monitors is one factor of a more robust monitoring regime responsibility of the United Nations that could help stop many of the mas- must be a substantial number of High Commissioner for Refugees sive human rights violations that are human rights monitors dispatched by (UNHCR), the international organi- now occurring, and ensure eventual UNHCHR. sation with a specific mandate to accountability for the atrocities. protect refugees. The United States Human rights Government (through the US Monitors are critical monitors serve as Department of State) is the single Human rights monitors function as largest donor to UNHCR. We put eyes, ears and a eyes, ears, and a voice for internally our money on the UN – and UNHCR displaced people (IDPs), recording and voice for internally in particular – because we have found investigating the violations being com- displaced people we can most efficiently help refugees mitted and presenting that informa- by enabling the UN to work on their tion to a responsible protective force. behalf. In Chad, for example, our col- The 9 November signing of a proto- Where a government has shown no lective efforts are helping to shelter, col on the humanitarian situation in interest in protecting against or inves- Darfur, by many of the parties to that tigating human rights violations, the conflict, offers some reason for hope evidence gathered by human rights in that situation. All sides requested monitors employed by international asked that the High Commissioner organisations helps the international for Human Rights expand the number community build the case for pros- of monitors in Darfur, and commit- ecuting crimes against humanity ted themselves to cooperating with – whether committed by the govern- human rights organisations. The pro- ment, militias or any other violators of tocol establishes a Joint Humanitarian international and human rights law. Facilitation and Monitoring Unit in El Monitors could also provide some Fasher, under the leadership of the reassurance to the IDPs that they can African Union Mission in Sudan, which remain in their country with a meas- is to monitor implementation of the ure of safety, and not need to flee to commitments related to the protec- another. Otherwise, an influx of new tion of civilians made in the protocol. refugees might quickly overwhelm the ability of UNHCR and associated Rwandan precedent organisations to provide protection The defining precedent here is the and care.

MICHAEL MCVEIGH/ALISON LOW/WORLD VISION MICHAEL MCVEIGH/ALISON LOW/WORLD human rights deployment to Rwanda Memorial 10 years on: a Rwandan church, The protection regime in displace- in 1994. There, some 55 monitors held full of the bones of genocide victims ment settings is often very thin. The the line against a counter-genocide. A

10 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 11 small American non-governmental Cost is of course one important programme would be based in the organisation, the Congressional Hun- element of this approach. A United immediate area of displacement, not ger Center, played the decisive opera- Nations Consolidated Appeal would in the capital city. A parallel build-up tional support role that helped make be needed to raise the necessary of the protective forces, if already the UNHCHR human rights action funds. Another important question is deployed in a given situation, would teams successful in Rwanda. These how the mission would be supported be required to extend their protec- teams performed four functions: administratively and logistically. The tion to the monitors. Where protec- UNHCHR lacks the requisite opera- tive forces are not in place, some kind  They were an active and visible tional support capacity back at head- of security presence will be necessary presence to monitor human rights quarters. to ensure that the monitors can do violations – a trusted authority their jobs in relative safety. to which individuals could report How it could work violations, with the confidence that Creating a model there would be follow-up. Within the UN Office for the Coor- dination of Humanitarian Affairs The launch of a large human rights  These experts disseminated infor- (OCHA), the Internally Displaced monitoring operation in a current dis- mation on human rights laws and Division (IDD) does have the abil- placement “hotspot” could establish a responsibilities to military and ity to plan and implement complex model for use in the future. The two policy officials and in schools. missions. The IDD could provide the critical elements of this model are  The teams provided modest tech- support needed to allow UNHCHR a UN combined task force forming nical support – such as computers, to set up a robust monitoring opera- around an operational relief agency desks and books – to the courts tion. Other UN agencies, particularly such as UNHCR or WFP to do assist- and the police to aid in the admin- the United Nations Office for Project ance, and a UNHCHR-led integrated istration of justice. Services (UNOPS), could also help. mission to do the protection.  They collected evidence for use by In this scenario, the High Commis- a special prosecutor investigating sion for Human Rights would be Stopping crimes against humanity. responsible for recruiting the moni- genocide is a tors. Energy and adaptability are more The Congressional Hunger Center’s important than law school credentials, very high return role was to help in recruitment, in but some familiarity with international for a relatively training, in finding and transporting instruments of human rights law low cost vehicles to make the teams mobile, would be needed, or would have to and in setting up a system to re-sup- be taught. IDD would do the planning ply and maintain the transport and work, determining how many people Protection of human rights is essen- logistics effort. are needed and how they are to be tial to ending the uprooting of people from their homes, stopping the wide- This effort worked. The presence of deployed in successive waves, how the spread ethnic and sexual violence, and human rights monitors helped prevent logistics will be organised, and how creating an environment conducive a counter-genocide of Tutsis against the overall effort can be sustained for to return and reintegration. Refugee Hutus. The cost of this deployment the long haul. and IDP movements in a crisis can was relatively modest: US$10 million Any effective human rights monitoring be slowed, stopped, and eventually out of an overall international effort effort will require close cooperation reversed if the international commu- valued at some $700 million. among many agencies. To supervise nity can bring an end to the abuses Human rights is a small component such a large-scale effort, other UN that are the catalyst. of a costly assistance and protection agencies would either second their Launching a large-scale human rights effort. The potential return – the personnel to UNHCHR or OCHA/ IDD, or work closely together in an monitoring mission in a volatile set- stopping of genocide – is very great. integrated protection mission. To pro- ting will not be easy or quick, but it Once they have proven their value, vide oversight, OCHA might appoint a is an essential component of any plan and have gained the confidence of the Deputy Humanitarian Coordinator. to end the human devastation that is victims, the monitors may also create now occurring in some parts of the an atmosphere in which IDPs feel safe To maintain integrity and provide world.  in returning to their homes. The envi- closer oversight of the monitors and ronment could improve to the extent be more fully visible to the internally Mr Arthur E (Gene) Dewey is the United States that fewer people are compelled to displaced populations, all major ele- Assistant Secretary of State for Population, Refu- flee at all. ments of the human rights monitoring gees and Migration.

10 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 11 The human rights of asylum seekers

Marcus Einfeld

OVER HALF A CENTURY AGO, late 2004 there are still around 100 Children locked up Hundreds of when Australia became the sixth sig- children in detention camps in and children under the age of 12 have natory nation to the United Nations around Australia, most of them having spent up to five years of their young Convention on the Status of Refugees been detained for years.1 lives locked up behind barbed wire, (1951), we made a solemn legal and without having committed a single moral promise to provide humane Hundreds of children offence. This breaches fundamental protection to people fleeing per- human rights and much more. secution. Australia’s hand was not under age 12 have Article 22 of the UN Convention on forced into signing; we introduced the been locked up for the Rights of the Child (CRC), which Convention into domestic law. Not up to five years Australia has ratified, requires signa- that you would ever know, given the tory nations to provide adequate erosion of our obligations in recent protection and assistance to children, years. The insidious treatment of asylum seekers has been a matter of public whether alone or with families. The Our most disturbing betrayal of our debate since boats of Cambodians first UN High Commissioner for Refugees own laws has been the automatic, entered Australia’s waters in 1989. It (UNHCR) asks signatory nations not unreviewable, long-term detention has been condemned by scores of to imprison asylum-seeking children; of child asylum seekers. In its wake, Australian opinion-leaders, several Australia does. We are not to use the remnants of our country’s com- other nations, and many national and detention as a deterrent measure; we passion and humanity are now – in international organisations. Although I do that too. When detention occurs, this respect at least – in free-fall. In am a proud Australian, my country’s UNHCR’s Refugee children: Guidelines treatment of those who have asked on protection and care and Article 37 of us to rescue them from persecution the CRC require the length of deten- causes me great shame. tion to be minimal; we ignore that. Children who have been exposed to Mandatory detention – the trauma of horrific regimes, and our shame the perils of escape, face disastrous Australia is currently the only devel- treatment on arrival in Australia. oped country to practise indefinite, They are “looked after” by staff of a indiscriminate, incommunicado deten- private correctional company – who do not love them, comfort them at tion of asylum seekers. We have de- night when they cry, nor shield them tained children, the elderly, the sick, from the violence of desperation that the pregnant and the traumatised – at occurs in detention centres. This is a cost of more than US$80,000 per child abuse, pure and simple – com- person per year. mitted daily by Australian authorities Our authorities (of both major politi- in the name of the Australian people! cal parties) have chosen to keep these vulnerable people locked up behind Ignorance of the facts barbed wire – many in remote places To our shame, racism and ignorance (including the desert, in 45-degree have permeated Australian public temperatures with no or insufficient debate on asylum seekers. We must air-conditioning or trees) with no challenge myths with facts. friendly faces in sight. Those who are refused asylum but cannot be sent “Illegals” People seeking refugee

KEVIN COOK/WORLD VISION KEVIN COOK/WORLD back to their places of origin enter a asylum are not “illegal”; they are doing Afghan children carrying water in a refugee type of stateless limbo – and virtually something expressly permitted by camp in Pakistan endless detention. Australian and international law. Yet

12 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 13 asylum seekers who have committed condemnation. But we should never not judge ourselves by standards we no offence, including children, are not confuse perpetrators with their vic- condemn, but against countries we permitted to apply for conditional tims. consider our peers. Sweden, with a release pending the outcome of their third of Australia’s population, has “Deterrence” Some claim that applications. Convicted criminals (who given protection to nearly four times Australia’s policies have succeeded are given the chance to apply for bail) as many asylum seekers as Australia in in deterring people from coming. have more rights than they do. So do the past five years. Sweden’s humane, Most refugees I have met in camps suspected terrorists. Detention of practical approach has resulted in around the world have never heard asylum seekers is harsh, compulsory almost all asylum seekers living in the of Australia; they will go anywhere to jailing without charge, trial or bail. community; except in extreme cir- leave where they are. Besides, by what cumstances, no child under 18 can be sinister moral code do we abuse and Some argue that children were delib- held in detention for more than three mistreat children who are here to erately sent here so that their parents days. There have been few abscondees deter others who are not? can come in future. So what? If they and little violence. qualify as refugees, they are allowed to apply to be here. What’s wrong Convicted criminals In Australia, a Catholic Archbishop with escaping persecution, torture offered free accommodation in Cath- or death? And how are the children (who can apply for bail) olic homes for all the people held in to blame anyway? We are not arguing have more rights one major detention centre. Websites that everyone should be allowed to than asylum seekers are full of Australian families offering live here; we just want due process, free accommodation, and even the justice and decency for all asylum States of South Australia and Tasmania seekers. “Efficiency” We are told that deten- (which need population), have offered tion is necessary to expedite speedy to take in released detainees. “Border protection” Our borders and efficient adjudication of refugee are not under assault, least of all by status. But the adjudication process This is a fight for our very soul as a the captain of the Tampa, who was has often taken years; meanwhile, nation. We must not let a few demol- actually accused by many leaders and children become institutionalised and ish the values of generosity, kindness others of “invading Australia’s sover- damaged. And how do confiscating and honour that generations of Aus- tralians have worked hard to build. eignty”. He should have been treated detainees’ family photos; referring to Ignoring the plight of asylum seekers as a hero for risking his ship and crew detainees by number, not name; pro- and refugees, and tolerating hostility to save people in danger of drowning hibiting visits by family or friends; or 2 towards them, will redefine our coun- in the sea. denying the children proper recrea- try as a cold, even hostile fortress. We tion, education and health care, expe- “Queue jumping” Asylum seekers need to cherish the principles that we dite the process? All these outrages arriving by boat without documents have promised to uphold – for our- have been perpetrated by Australia. are not “queue jumpers”. People selves and for people everywhere. fleeing in fear of their lives do not Decency and humanity have the option of waiting in a queue. The Hon. Justice Marcus Einfeld, AO, QC, is a While Australia’s quota system means Criticism of this gross misconduct prominent Australian human rights activist. A that a “boat person” granted asylum often has been brushed aside as former Supreme Court and Federal Court Judge, he has decided significant cases on immigration in Australia might temporarily displace “bleeding heart” stuff, not worthy of and refugees. He is Foundation President of someone else waiting to come here, serious consideration. But inhumanity Australia’s Human Rights and Equal Opportunity the fact is that “quota refugees” wait and violation of decency must never Commission, a UNICEF Ambassador for Children, for years while bureaucrats proc- be tolerated. Human rights are, as and the 2002 UN Peace Laureate. ess their applications. After suffering their most famous Declaration says, 1 As at late November 2004, there were for so long in shocking conditions 108 children held in immigration deten- universal – for all of humankind. A tion, 93 in locked facilities with guards. See: in Iran, Pakistan or elsewhere, many humane nation treats all vulnerable www.chilout.org are willing to risk their own and their people – whatever their ethnic, racial 2 In August 2001, risking delays and financial children’s lives on leaky boats over and cultural origins – with dignity, loss, the Norwegian commercial ship MV dangerous and unfriendly seas. sensitivity and respect, and caters for Tampa altered its course to rescue 438 ship- wrecked asylum seekers from the Indian their physical, emotional and welfare People smuggling Some people Ocean. Captain Rinnan received the Nansen needs. Refugee Award in June 2002. Search in: smugglers have been heroes, helping www.unhcr.ch for “Tampa” people escape terror or death. Those Some argue that Australia treats asy- who take the last cent from people in lum seekers better than many other distress to enrich themselves deserve countries do. In my opinion we must

12 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 13 Internally displaced persons – the protection gap

Walter Kälin

AN ASTOUNDING 1.8 There is no convention on the rights Dr Deng, a former Sudanese diplomat, million Sudanese have been forced to of IDPs; indeed, not a single article in was appointed Representative of the flee their homes amidst conflict and all the many human rights instruments UN Secretary-General on Internally violence in Darfur. While those who mentions IDPs explicitly. Moreover, Displaced Persons, the international managed to survive and flee seem- the UN has no organisation devoted community has moved forward to ingly share a common fate, for the to protecting and assisting IDPs better address the needs of internally international community they fall into worldwide. International public atten- displaced persons and to protect their two categories. tion remains much more focused on rights. The 200,000 Sudanese who crossed those displaced persons who have the border into neighbouring Chad crossed borders, even though current The institutional response trends indicate that the number of became refugees, and receive help Who is assisting and protecting dis- refugees and asylum seekers is declin- from the UN High Commissioner for placed persons if their government ing while that of IDPs is growing. Refugees (UNHCR), which is man- fails to do so? At the operational level, dated to protect people fleeing their there is no single organisation within countries from political persecution, There is much the UN responsible for IDPs, and it mass killings or conflict. more international is broadly recognised that the task In contrast, the 1.6 million individuals attention focused would be too big and complex for a displaced within Darfur had no estab- single agency. on people who have lished international protection and This is why the UN has opted for what assistance regime to which to turn. crossed borders is called the collaborative approach: a They had to wait until organisations response in which a broad range of such as the International Committee One reason for the relatively weak UN and non-governmental actors of the Red Cross (ICRC), UNHCR involvement of the international com- work together to respond to spe- and the International Organisation for munity is the fact that IDPs remain cific situations of displacement on the Migration (IOM) were able to start under the sovereignty of their gov- basis of their individual mandates and operations within Darfur and begin expertise. to reach those in need of assistance. ernments. In fact, as my predecessor Dr Francis M Deng once pointed out, Still today, many internally displaced The UN’s Emergency Relief Coor- the issue of internal displacement was persons (IDPs) remain unassisted. dinator is tasked with coordinating politically off-limits until the early Violence against them continues; hun- effective responses to situations 1990s, as governments insisted on ger and disease run rampant. of displacement through the Inter- their sovereign right to decide how Agency Standing Committee, where to deal with the displaced. Global crisis the different actors meet. He is assist- While Darfur is a particularly dramatic Since then, attitudes have changed to ed in this by an Inter-Agency Internal case, it highlights the problems faced by a certain degree, with the increasing Displacement Division. acceptance that sovereignty entails the world’s almost 25 million women, The Representative of the Secretary- the responsibility of governments children and men displaced within General on the Human Rights of to respect and protect the rights of their own countries by armed conflict, Internally Displaced Persons plays the those living on their territory. There is systematic human rights violations or role of promoting the human rights also agreement that the international situations of generalised violence. of IDPs and their protection. To this community has to play a role when The crisis of internal displacement is end, he visits countries, undertakes governments are unwilling or unable global, affecting some 52 countries in studies and engages in dialogue with to help IDPs. all regions. Yet compared to the inter- governments. He also has the task national community’s protection of ref- Since 1992, when the plight of IDPs of mainstreaming the human rights ugees, legal and institutional responses was put on the agenda of the UN of IDPs into all relevant parts of the to internal displacement remain weak. Commission on Human Rights, and UN system.

14 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 15 return voluntarily to their homes (if this becomes possible) or to resettle in another part of the country. Firmly rooted in existing international law, the Guiding Principles have quickly gained acceptance by international and regional organisations, civil society and a growing number of governments. Of course, they must still be implemented in order to achieve necessary protection of the rights of IDPs. To this end, the Principles should be used by relevant international organisations as a framework for

CECIL LAGUARDIA/WORLD VISION CECIL LAGUARDIA/WORLD policies and activities in the areas of Young girl among people displaced by fighting between government and rebel forces in prevention, protection, and return Maguindanao, Philippines or resettlement and reintegration of IDPs. Integrating the Principles into All these actors are supported in antees of international humanitarian the work of international agencies their activities by the Norwegian law that are applicable. However, IDPs would also mean that their staff, both Refugee Council’s Global IDP Project, have many special needs because of at headquarters and in the field, would which has established an online the fact of their displacement, and this begin more regularly to monitor and review conditions of displacement in database (www.idpproject.org) that requires special legal protection. affected countries in terms of the consolidates facts, figures and analysis The challenge is to identify those Principles. on internal displacement worldwide guarantees and concepts implicit in into a single integrated information the rich body of existing international system. Both humanitarian law that respond to the special needs While the collaborative approach of IDPs, and to make this protection agencies and has worked rather well in some explicit. This is exactly what Francis governments need situations, in other cases it appears Deng achieved when he submitted, in to incorporate the to have failed IDPs. The response to 1998, the Guiding Principles on Internal the displacement crisis in Darfur, for Displacement to the UN Commission Guiding Principles instance, was not as swift, robust and on Human Rights. This document is well coordinated as it should have based upon and reflects existing inter- At the same time, it is of paramount been. Thus, there is significant room national human rights and humanitar- importance that countries affected by for improvement and for strengthen- ian law, and it details, in 30 principles, crises of displacement incorporate ing the cooperation of organisations the specific meaning of the general into their national laws and policies and agencies involved in the protec- human rights and humanitarian law the rights of IDPs as contained in the tion and assistance of IDPs. It remains guarantees for IDPs. Guiding Principles. It is most encourag- to be seen whether the collaborative ing that numerous countries including The Guiding Principles cover all three approach will be the most effective Angola, Burundi, Georgia, Peru and phases of internal displacement: the response in the long term. Liberia have taken this important pre-displacement phase, the situation step, and that others are planning to during displacement, and return or The legal response do so. Such measures are critical to resettlement and reintegration. They ensuring that the right of internally What are the rights of IDPs? Unlike explicitly recognise a right not to be displaced people to protection begins refugees, IDPs do not cross interna- arbitrarily displaced, and spell out in to become a reality.  tional borders. Although they have detail the rights of those who are dis- departed from their homes because placed. The Principles also stress that Dr Walter Kälin is Representative of the United of war, forced evictions or other rea- a government cannot deny access by Nations Secretary-General on the Human Rights sons, they have not left the country international humanitarian organisa- of Internally Displaced Persons, Professor of Inter- whose citizens they normally are. They tions to IDPs if it is not providing national and Constitutional Law at the University remain entitled to enjoy the full range the necessary assistance itself, and of Bern, Switzerland, and a Member of the UN Human Rights Committee. of human rights as well as those guar- underline the right of IDPs to either

14 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 15 Protecting internally displaced people in Uganda

Robby Muhumuza

“LIFE IN THE CAMP IS ated by the Government of Uganda Recently, an IDP policy that provides terrible, and very difficult,” said 45- to make it easier to protect civilians guiding principles and strategies for year-old Joyce Opona. For the last from brutal attacks by the LRA. the interventions has been put in five years, she has been living with her place. It also provides for administra- five children in a grass-thatched hut The role of the State tive structures, both at national and in the overcrowded Unyama Inter- local government levels. Very impor- The protection of people and their nally Displaced People’s Camp, a few tantly, it forms a basis on which gov- property is a basic human right that kilometres out of Uganda’s northern is well provided for in Uganda’s ernment can be assessed and called Gulu town. Constitution. While internal security to account. Joyce is one of 1.6 million Ugandans is normally the responsibility of the living in over 200 camps for displaced Uganda Police Force, in the case of Uganda’s new people in the north and north-east of IDPs this function is shared with the policy on IDPs the country, fleeing from atrocities Uganda People’s Defence Forces (the committed by the rebels of the Lord’s Ugandan Army) and other specialised promotes state Resistance Army (LRA). Besides loot- national security agencies. accountability ing and destroying property, LRA Operationally, the Department of Dis- attacks are characterised by killing, aster Preparedness, under the Office At national level, an Inter-Ministerial maiming, abduction of children, and of the Prime Minister, is responsible Policy Committee (IMPC) was estab- raping of civilians. for the protection and assistance of lished, with provision for committees In Uganda, as in the United Nations IDPs. For a long time, its operations with similar mandates to be estab- Guiding Principles on Internal Displace- were ad hoc and not well coordinated. lished at lower levels. The purpose of ment (1998), internally displaced persons (IDPs) are defined as: persons who, at one time or another, have been forced or obliged to flee their homes or places of habitual residence…as a result of, or in order to avoid the effects of, armed conflict, situations of generalised violence, violations of human rights, or natural or human-made disasters, and who have not crossed an internationally recognised state border. Most IDPs in Uganda live in squalid, cramped camps consisting of grass- thatched temporary mud huts. Many of these camps grew naturally, as a result of people looking for safety near military bases and other government establishments. Some were cre-

Ugandan rural children stream into Gulu town each evening – to sleep safely and avoid being abducted into the Lord’s Resistance Army ROSS W MUIR/WORLD VISION W MUIR/WORLD ROSS

16 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 17 these is to establish a multi-sectoral the humanitarian agencies, for assist- hear of women being raped or killed planning mechanism and division ance. Under the broad coordination, while they are out looking for food or of labour to effectively address the supervision and monitoring of the firewood. A lack of productive and protection and assistance of IDPs. office of the Prime Minister, not only leisure activities in the IDP camps The IMPC has a sub-committee on are they providing food and shelter, tempts young people into engaging Human Rights Promotion and Protec- but they have also worked with the in sexual activity, which has increased tion. The policy is very explicit on the government to provide basic services. the incidence of child pregnancies and rights of IDPs with regard to security, World Vision is among the NGOs early marriage. freedom of movement, protection that have responded positively; it is against arbitrary and/or compulsory implementing several different pro- Protecting displaced displacement, voluntary resettlement grammes to address the plight of or return, property rights, food secu- IDPs in northern and eastern Uganda. people is multi- rity, basic needs, and services. World Vision offers psycho-social dimensional and and material rehabilitation to former But the implementation of these abducted children, education support multi-sectoral rights is still a problem. Rebels have for children through child sponsor- continued to attack and kill people, ship, construction of classrooms for Children and women have to line up even in IDP camps. For example, on 21 the displaced, schools, and houses for at the few water sources for long February 2004, the LRA killed about the families of orphans and vulnerable hours to get a few litres of water. 200 people and wounded thousands children. The poor sanitation conditions affect in Barlonyo IDP Camp, 355 kilometres women and children more seriously, north of Kampala. The rebels herded Vulnerable groups with small ones constantly falling sick most of their victims into huts and and mothers having to take care of set them on fire; people were shot Women and children have been most them without adequate provisions. It or hacked to death with machetes as negatively impacted by the displace- is not surprising to hear that the mor- they tried to flee. ment. The widespread abduction of children, and use of them as soldiers, bidity and mortality rates of children For the displaced, the inadequate sex slaves and beasts of burden, have in IDP camps are several times the response to this crisis has meant led to enormous insecurity that national average. a drastic decline in quality of life. denies children their basic human How can vulnerable displaced people Malnutrition rates among displaced rights and their special rights as chil- children range between 7% and – especially women and children – be dren. They are not safe even in the protected? The experiences of dis- 12%. The number of people sharing IDP camps where the government is placed people in Uganda underscore a single water source ranges from supposed to provide safe havens. They the difficulties of ensuring protection 1,052 to 15,000. A further indication are denied their rights to childhood, of life and property in such a highly is the higher HIV/AIDS prevalence parenting, proper nutrition and health, abnormal situation. rate among the displaced populations and education. – almost twice the national average. Clearly, the task of providing peace The denial of the right to education and security is multi-dimensional and may be one of the most difficult to Resources required multi-sectoral, because protection of reverse. It takes time to establish The Government of Uganda is not schools in the camps and by the time life is not only about stopping war; it is in a position to provide for all of the they are in place, some children have also about provision of basic rights like needs of IDPs. Resources are needed lost the interest or can no longer go food, shelter, clothing and services like to provide food, shelter, clothing and to school. Mobilising qualified teach- good sanitation, water, education and other basic services like water, sanita- ers to work among the IDPs is very so on. Thus, a coordinated approach tion, health facilities and education. In difficult. Added to this is the general to assisting IDPs is critical to the suc- its report of June 2004,1 the Parlia- inadequacy of provisions; as one Edu- cess of the interventions. But so long mentary Select Committee that was cation Officer noted, “Absence of food as adequate resources are lacking, the constituted to assess the situation both at home and at school makes best efforts will fall short of protect- of IDPs noted that the cost of feed- learning very difficult for displaced ing the most vulnerable.  ing the 1.6 million IDPs in northern children, even when the schools are Uganda requires 631 million Ugandan established.” Mr Robby Muhumuza is National Director for shillings (almost US$400,000) daily. World Vision Uganda. Women have suffered the aggres- 1 See: www.parliament.go.ug/Humanitarian%20 Government has called upon the sion of rebels and also, sometimes, rpt_session4.htm#HUMANITARIAN international community, particularly of soldiers. It is not uncommon to

16 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 17 Living in limbo – on-shore asylum seekers

David Spitteler

FOR MANY AUSTRALIANS, and then apply for refugee status. On has had contact with 681 asylum seek- the only sources of information about discovering Australia’s policies on the ers, 200 of whom have come from Sri asylum seekers are the press and processing and subsequent treatment Lanka, and 127 from East Timor.1 television. Their meagre knowledge of “on-shore” applicants for refugee Many of these people have fled is restricted to the issue of asylum status, members of the general pub- situations in which they claim to seekers who arrive here without visas lic tend to be initially amazed, then have suffered persecution. They are (often branded as “illegals”, “boat distressed. then forced to wait out very lengthy people” or “queue-jumpers”) and On-shore asylum seekers are the delays for their applications for refu- sometimes with the help of “people people who are supported by our gee status, and subsequent appeals, traffickers”. Asylum Seekers Centre in Dande- to be processed. During this period, Those vulnerable people deserve nong, the heart of the most multicul- they exist in a “limbo” where they are attention. Yet very few Australians tural municipality in Victoria, and the denied access to much of the social have any knowledge of the difficulties most disadvantaged urban community welfare system yet are not permit- that face people who arrive here legal- in Australia. Since commencing opera- ted to work to support themselves ly, holding proper visas and passports, tions in February 1997, the Centre and pay for their children’s education. They are almost entirely reliant on charity and goodwill for food, housing and other basic needs. Family no. 1 The stories in the boxes illustrate the HIS FAMILY of eight came because they had lived a significant impact that the process has on fami- Tto Australia during the period part of their lives (six years) in lies and individuals. of civil unrest that eventually Australia. led to the independence of East For the rest of the family, things Great uncertainty Timor. They were fortunate to were still very uncertain. Some Because of the uncertain nature of arrive in Australia before the rules months later – almost eight years the delays, changes in the processes, were changed, and could access after their arrival in Australia – the and the very costly legal fees that can assistance from the government- rest of the family received their accumulate, these people experience funded Asylum Seekers Assistance first response from the Depart- increasingly severe tension and stress Scheme. The family applied for ment of Immigration, Multicultural as time goes on. Their reserves rapidly refugee status. and Indigenous Affairs (DIMIA). It diminish. Under these circumstances, the was negative. The whole family was While the Government’s policy may children were able to access the plunged into anxiety, as it appeared aim to eliminate those who “rort the public school system, and in due that the parents and four younger system” by utilising delaying appeal course the two eldest children children would have to return to procedures, this increasing pressure completed their secondary school- East Timor, leaving the two eldest on the emotional state of many asy- ing and gained places in tertiary in Australia. lum seekers is the greatest concern institutions. At this stage, the two As with many other East Timorese for those who seek to support them. eldest children applied for “Close in this position, the family then Ties” visas to become permanent took the option of a last-resort Without the widespread goodwill of residents. The rules required them appeal to the Minister on “humani- church and community groups, and to move out of home and live tarian grounds”. This was success- individuals, the lives of many asylum independently of a very close- ful, and they were granted refugee seekers would be totally unbear- knit and supportive family. They status. The two eldest continue able. Our Centre, with the support were successful in obtaining visas their tertiary studies. of generous donors and volunteers, has provided basic daily essentials

18 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 19 Family no. 2 HIS FAMILY of six came to in this category has to pay full inter- a “no work” visa for three and a TAustralia from Sri Lanka, hav- national fees. With their relatively half years. This is a soul-destroying ing fled persecution, and applied meagre assets in Sri Lanka, the fam- situation for people who have been to DIMIA for refugee status within ily could not afford to pay more quite capable of supporting them- the prescribed period (45 days) of than the first semester fees, and selves in the past, and now find that their arrival in Australia. For the were forced, reluctantly, to with- they have no way of doing so, or first two years, while awaiting the draw their son from university. even of contributing to society in a decision, the parents were “granted meaningful way. Finding great difficulty in living the privilege of working”, but were under the “no work” visa, even Some asylum seekers have been on then transferred to “no work” visas with financial help from his church, “no work” visas for longer periods which prohibit working in a paid the father undertook some part- of time. Many of them are clients of or unpaid capacity. The penalty for time work, was discovered by the Victorian Foundation for Survivors breaking the “no work” condition is authorities and placed in deten- of Torture, where they are treated mandatory detention. tion. He was released only after his for clinical depression and similar During the first year under the “no church undertook to pay a bond psychological conditions. Life is even work” conditions, their eldest son of A$20,000 – a bond that is still more difficult for the unfortunate graduated from secondary school being held by DIMIA in case of few who experience other major and gained entry to university. To another transgression. At the time health problems, as many of them study at this level, an asylum seeker of writing, this family has been on do not have access to Medicare.

including food, clothing, transport tickets, housing, English lessons and Family no. 3 Family no. 4 telephone cards. HIS COUPLE from Sri HIS FAMILY with a pri- For many of us, supporting these Lanka were on a bridging mary school-aged child vulnerable people is a clear issue T T visa, then were transferred were refused refugee status. of a proper Christian response to to a “no work” visa and lost They were then advised by an immediate need. For others it is access to Medicare. The man in DIMIA to purchase return an issue of changing public policies this case suffered from asthma, tickets to the Philippines as towards asylum seekers. Perhaps the and the cost of his medication part of an application for a real solution is a combination of both immediately rose from A$14 “Skilled Migration” visa – an these approaches. to $70. Some months later, his alternative to a further appeal In any event, the Australian public wife fell pregnant with their for refugee status. This couple had previously worked (under deserves a more complete picture first child. With no Medicare, their initial bridging visas) in of what is happening to these people, and without an income, they responsible positions and held and a less biased or sensationalised were extremely fortunate that references from employers media representation of asylum seek- a major hospital took them on who had been very happy with ers. Only a properly informed public with its discretionary “charita- ble” budget. Not everyone is so their performance and were will be in a position to make a bal- prepared to re-employ them. anced judgment of the issue.  fortunate. Even with the help of church and charity, the pres- They left Australia, having made Mr David Spitteler is facilitator of The Asylum sures associated with a newly all the arrangements. Then they Seekers Centre in Melbourne, Australia, “a wholly arrived baby add enormously discovered that their original voluntary inter-denominational Christian response to the pressures experienced application had lapsed, and to the material needs of on-shore applicants in these already highly stressed for refugee status”. For information, contact: that the new application came [email protected] relationships. In this case, the under changed rules. They were father eventually returned to 1 During 2004, all the East Timorese clients have now “too old” under the new gained refugee status and no longer access Sri Lanka, and was soon fol- rules (over 45) to qualify for the Centre for support. lowed by his wife and child. this visa.

18 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 19 Challenges of refugee protection in Tanzania

Omar Ramadhan Mapuri

FOR THE PAST FOUR Refugees are accommodated in special gees, to indulge in military and decades, the United Republic of Tan- designated areas, namely camps and subversive activities, which lead to zania has been home to hundreds settlements. The camps, whose assist- mistrust and hostility in relations of thousands of refugees and asylum ance programmes are fully funded by with some governments of the seekers from almost all of her neigh- the international community through countries of origin; and bouring countries, as well as distant UNHCR, are relatively recent. Tanza-  remarkable disparity in the level of countries both within and outside nia has been receiving ongoing (though social services between designated the African continent. Such countries ever-decreasing) international support refugee areas and the surround- include Rwanda, Burundi, Kenya, Mala- through various implementing part- ing villages, with services such as wi, the Democratic Republic of the ners to cover provisions and services hospitals, market places and water Congo, Somalia, Eritrea, Mozambique, such as food, health, education, water facilities usually better in the Namibia, the Republic of South Africa, and sanitation in camps. refugee camps. (As a consequence Cape Verde, Serbia and Iran. Refugee settlements, on the other host populations opt to use camp Initially, most of the refugees fled their hand, are old designated areas that services, forcing village services countries as a result of liberation were largely established in the 1970s to close. Longer-term, Tanzania’s struggles, or problems arising from with a view to enabling refugees to experience has been that soon improper transfer of power from become self-sufficient within three after refugees repatriate, interna- colonial masters to new leaderships. years after their arrival. When self- tional relief agencies also pack up Later on, several African countries sufficiency was achieved, the settle- and go, leaving host populations were engulfed by conflicts and civil ments were handed over to the gov- without such essential services.) wars forcing many people to flee for ernment in the 1980s, and the interna- their safety. Currently, Tanzania has a tional community virtually “washed its Durable solution total population of 650,000 refugees. hands” of them. They currently hold The Government of Tanzania believes some 200,000 refugees. that voluntary repatriation is the most Tradition of hospitality durable solution to the refugee prob- Adverse consequences lem. Yet it also recognises that for One of the major contributing factors sustainable repatriation, conditions in in Tanzania hosting large numbers of However, the protracted presence the countries of origin have to change refugees is her long-cherished “open of large numbers of refugees has had positively. door” policy towards refugees, cou- long-term economic, social, security pled with peace and political stability. and environmental consequences for For this reason, Tanzania has been Indeed, Tanzania’s deep-rooted and Tanzania. These include: involved in facilitating conflict resolu- internationally acknowledged hos-  untold environmental damage due tion endeavours in many countries. pitality and humanitarian culture is to indiscriminate tree cutting for It is in this context that refugees reflected in the country’s practice of construction material and fuel wood; who went back to Uganda in 1980, not only welcoming refugees within Zimbabwe in 1981, Namibia in 1987,  proliferation of small arms and light her borders, but also promoting their South Africa in 1991, Malawi in 1993, weapons coupled with a rise in welfare regardless of their origins. Mozambique in 1995 and Rwanda criminality in refugee hosting areas; in 1996 have been able to settle in It is worth pointing out that the areas  destruction of roads from heavy their countries without being forced where asylum seekers first enter trucks carrying relief supplies; to flee again. Clearly, addressing the have very poor infrastructure, and root causes of the refugee problem is that before the international commu-  destruction of host communities’ the best approach to obtain the most nity has responded to this need, it has property, such as crops, animals, durable solution.  been the people in the local communi- schools and furniture, especially ties who bear the burden of providing during mass influxes of people; The Honourable Omar Ramadhan Mapuri food and sharing the poor amenities  some taking advantage of the is Minister for Home Affairs for the United they have with the asylum seekers! government’s protection for refu- Republic of Tanzania.

20 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 21 Putting right the wrongs of war? housing in Bosnia and Herzegovina

Elizabeth Hughes-Komljen

REFUGEE RETURN IN BOSNIA and Herzegovina is a story of both success and failure. Success, in that by the end of 2004 nearly all outstanding claims for property restitution will have been resolved. This is a monumental achievement given the high number of outstanding claims in 2000, and the high levels of obstruc- tion with which the local authorities initially responded. Failure, in that – despite the billions of dollars in humanitarian assistance that have poured into Bosnia since 1996 – over a million persons have yet to return, and are likely not to ever return. Worse, an alarmingly high number of reconstructed properties remain empty.

Chaotic and complex The war has drastically changed the housing situation in Bosnia and Herze- govina (B&H). Approximately 40% of MICHAEL BIRCHMORE FOR WORLD VISION WORLD MICHAEL BIRCHMORE FOR pre-war housing stock was either par- Bosnian family who benefited from a housing project in 2001, still occupying their tially or totally destroyed. Over half reconstructed home the pre-war population were forced to leave their place of origin. and displaced to choose whether to pre-war homes were occupied by More than a million people were dis- stay or return, and even predicted other refugees or displaced persons; placed within the country’s boundaries, compensation for those whose prop- this meant home reconstruction and and forced to live mainly in collective erty had been destroyed and who repossession. Third, employment pos- centres or in the homes of other did not wish to return, it was clear sibilities for returnees were scarce. At displaced persons. Bosnian Muslims all along that the Dayton Agreement a cost of approximately 10,000 euros occupied the homes of Bosnian Serbs foresaw minority return as a mecha- per family, donors’ political agenda in one part of the country; Bosnian nism that would essentially annul the to avoid permanent segregation of Serbs occupied the homes of Bosnian effects of the war: the ethnic cleans- communities that had been “ethnically Muslims in another part; and Bosnian ing. cleansed” was an expensive goal. Croats occupied the homes of Bos- The international effort in housing Furthermore, local authorities’ policy nian Muslims and Serbs in another. A from early 1996 onwards focused on on minority returns was highly politi- chaotic and complex return situation promoting and facilitating refugee and cised. The Serb entity promoted local was inevitable. IDP returns, particularly of minori- integration of displaced persons and When international assistance arrived ties. But there were several impedi- refugees of Serb origin. The Bosnian– in B&H shortly after the end of the ments to the return of refugees and Croat Federation entity was pushing war, minority return was the focus. displaced persons. First, in many for, on one hand, a massive inflow of Although the Dayton Peace Agree- cases their homes were destroyed Bosnian Muslims from abroad to their ment recognised the right of refugees or severely damaged. Second, their territory, and on the other, the return

20 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 21 of Bosniaks to their pre-war homes tion was never made between those Success or failure? in the Serb entity where they had who genuinely intended to return and If the aim of the Bosnian return formed a majority. live in the house, and those who sim- process was to re-establish property ply wished to get back property they It became clear that the matching of rights, then it can be judged a success, owned before the war. Beneficiaries available funding for housing recon- with the vast majority of claims for did sign agreements on their intent struction with returnees was not real- property restitution resolved. If it was to return. But the complexities of the istic. With each newly reconstructed to address the humanitarian need for post-ethnic cleansing situation made house, more and more beneficiaries shelter, then it was a partial success low return to homes inevitable. were not occupying them; they were – though could have achieved greater assumed to be illegally remaining in impact at lower cost with better tar- their displaced homes after receiving How could so geting. assistance. much be spent on But if it was to reverse ethnic cleans- The HVM Project beneficiaries who ing, it seems largely to have failed. did not need it? When 67% of beneficiaries who did The task of World Vision’s Housing not return to their reconstructed Verification and Monitoring Project houses remain displaced within the (HVM) in B&H has been to collect True, the number of empty houses has borders of B&H, the evidence so far data on the housing status of people declined in the past two years, there suggests that, even with the strongest who received reconstruction assist- have been improvements in projects commitments of donors, it may not ance to return. focusing on the needs of returning even be possible to reverse ethnic HVM’s goal was to find the so-called communities, and some attention has cleansing. “double occupants”. Its success in been paid to improving the selection Why? Clearly, many refugees and dis- doing so jump-started the process of of beneficiaries. But based on evidence property rights enforcement by local gathered by HVM, the risks still seem placed persons were unwilling to live authorities. The resulting wave of to discourage such an investment. in communities where they would be a minority. But in some cases, we are evictions led to more voluntary evic- In light of scarce resources, HVM tions and to a no-tolerance policy for probably seeing the results of a trend advocates two critical steps that must of rural–urban migration that began municipal officials who were actively be incorporated into return projects. blocking evictions. before the war. In others, the oppor- One is the emphasis on proper bene- tunity to return may have come too HVM has collected information on ficiary selection. Beneficiary selection late, after displaced families had put more than 53,000 reconstructed must be seen as the most crucial fac- down roots in their new locations. housing units, over 13,000 repos- tor. Properly assessing whether a ben- sessed housing units and over 68,000 eficiary genuinely wishes to return is Attempting to put right so many temporary addresses throughout costly and time-consuming: it requires wrongs was a costly, risky endeavour. B&H, in interviews with over 250,000 knowledge of the beneficiary’s com- Whether, with a different approach beneficiaries and their family mem- munity, their pre-war way of life as or a different environment, ethnic bers. This large sample size – some well as their current one. cleansing could ever be reversed is 70% of all who beneficiaries – permits an important question in a world of valid analysis of the return process. A second critical element is pri- increasing numbers of displaced peo- oritisation of beneficiaries. Assistance ple, and one that would repay further One of HVM’s first, and most startling, should focus on the most needy, not study.  discoveries was the high number of the most politically correct, as was empty houses. In the past five years the case in B&H with most minor- Ms Elizabeth Hughes-Komljen is Communica- HVM has found 11,304 reconstructed ity return projects. Where the very tions Manager for World Vision Bosnia and housing units (21% of the entire sam- needy were targeted, the result could Herzegovina.1 ple) to be uninhabited. At an average be very effective, as found with World 1 This article summarises some of the issues that price of 10,000 euros per house, a Vision’s Roma Return project in Gor- HVM Project Manager Ana Povrženic raised conservative estimate on the amount ica and Carsija. Funded by the Neth- in a presentation at the Norwegian University of Science and Technology’s Conference “Re- spent just on these empty houses is erlands Embassy, 100% of the houses over 11 million euros. How could so searching Displacement: State of the Art” in provided by this project are occupied Trondheim, Norway, in September 2004. The much humanitarian aid be spent on by the beneficiaries. The reason is conference was the second in a series that beneficiaries who did not need it? not hard to find: the members of this brings together practitioners and scholars to analyse the plight of millions of internally dis- One clue is that, in selecting beneficiar- most marginalised group simply have placed people. ies for housing reconstruction, distinc- no better alternatives.

22 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 23 Preventing re-displacement

Tom Getman

THE NUMBER OF REFUGEES A rock and a hard place borns and more culturally appropriate worldwide has dropped below 20 food baskets. The long-term displaced The downward trend in camp popu- million. But the pain for people in viscerally resist placing elderly parents, lations seems to be matched by an still-large numbers who have for wives and children in further danger upswing in danger for IDPs and many years been separated from by consenting to a return opportunity refugees at both ends of this rocky their ancestral properties, with little filled with uncertainty. road. The vulnerability that comes hope of returning, is a heart-rending with dependence on taking refuge and For World Vision, indeed for any challenge for the humanitarian com- staying in a foreign land is matched by implementing partner for the UN munity. the extreme risk of returning, espe- agencies, but especially faith-based Anyone who works in or visits cially if after decades, to homes that field organisations operating with UNHCR/NGO refugee camps is are now occupied by others. It is the holistic understandings of human struck, in conversations with refugee classic conundrum of being between a needs, our role is challenging. This is members of camp committees, by large rock and a very hard place. Most a cause for theological as well as legal their persistent plea for two things: people in the developed world cannot reflection. even imagine such a situation. peace and safety back home, and We must provide expert camp security in the camps in the mean- I was stunned to hear, during a recent management and efficient food and time. No-one wants to return, like the tour of four camps in Tanzania, many health care distribution. In line with Burundis or Congolese in Western stories from well-educated refugees UNHCR’s declared “zero tolerance Tanzania, to villages that are still inse- who prioritise safe return above “bet- for sexual abuse and exploitation”, cure, and where the only thing certain ter education for our children”, “jobs our peace-building requires com- is an atmosphere of non-welcome in the local community”, “skill training mensurate complaint mechanisms and when they arrive. for young adults”, clothing for new- security coordination. We must also MARGARET JEPHSON/WORLD VISION MARGARET JEPHSON/WORLD Transit centre in a stadium in Kigoma, Tanzania, set up by World Vision under UNHCR auspices in 1996. This centre housed 6,000 people who fled fighting in (what was then) eastern Zaire; many were already refugees, forced to flee their camps.

22 Global Future — Fourth Quarter 2004 Global Future — Fourth Quarter 2004 23 provide cross-border programmes Towards safe returns Without faithfulness to this mech- with colleagues in the refugees’ home anism, our strategic alliance will be In addition to working with all of our countries to create more peaceful frayed and displaced peoples will colleagues in the NGO/UN commu- and hospitable atmospheres… and to suffer all the more on both ends nity to ensure and document inde- ascertain when a compelling protec- of their sojourn. pendent determinations that it is not tion reality exists. premature to encourage and facilitate Refugees, internally displaced popula- return, there are several other critical tions and economic migrants still are Displaced people elements we must embrace: moving in too-high numbers through- viscerally resist out all regions of the world. The con- 1. An all-parties overarching con- troversial “warehousing” of people endangering their sultative commitment is neces- for processing in neutral “holding” loved ones in an sary under the guidance of the nations, forced returns to insecure UNHCR to provide a collabora- countries or villages, gender-based uncertain return tive approach independent of the and sexual violence, and other serious governments that cause the initial concerns continue to be troublesome As Jan Pronk, Special Representative displacement. The Inter-Agency issues. of the UN Secretary General Kofi Standing Committee (the UN– Such issues will not be resolved until Annan to Sudan, reported to the NGO coordinating mechanism) a common knowledge is turned into Security Council in November 2004, has agreement by all actors to appropriate outrage – one that mir- “There was progress on the political respond appropriately and assign responsibilities in regard to IDP rors the best prophetic teachings of front but regression on the ground.” ancient religious documents concern- situations. Sadly, that seems to be an accurate ing treatment of sojourners or “out- summary of the global picture. We 2. True collaboration must precede siders”. We cannot affirm ourselves seem to have the rhetoric correct at rather than follow, as it did recent- as a global civil society until we are the higher levels of negotiation but ly in Sudan, any signed agreements assisting these desperate populations the implementation inadequately real- with the governments that cause with compassion and with practical ised where the people are at risk. displacement, in order to minimise solutions.  Certainly the many “protection” train- manipulation and ensure the best ing programmes for field staff through array of professional support for Mr Tom Getman is Director of Humanitarian returning populations. Affairs and International Relations for World Reach Out, UNHCR and ICRC work- Vision International. shops are helping. But we seem to be 3. The new (July 2004) Inter-Agency 1. For more information and useful debate losing ground on this urgent need, Internal Displacement Division on protection issues, see TALK BACK: The and the result will inevitably be more (IDD) has become what the Newsletter of the International Council of violence and repeat displacement as Voluntary Agencies, October 2004 issue, at: International Council of Voluntary www.icva.ch/cgi-bin/browse.pl?doc=doc00001 we have seen recently in the Congo Agencies calls our “collective con- 254. A focus on the special protection needs and Darfur. Some of the refugees have science”. It provides procedures of refugee, displaced and asylum-seeking chil- already been home once (even twice) to which we must all commit and dren can be found in World Vision’s new report Displaced, uprooted and refugee children: but fled back to Tanzania, Chad and which we must actualise in the Back from the margins, at: www.child-rights.org, numerous other host countries. way we work with each other. click on “reports”.

NEW World Vision report Highlights threats facing uprooted children, and calls for programmes and Displaced, policies to address their uprooted and special protection needs.

refugee children available on-line only at www.child-rights.org Back from the margins (click on ‘Reports’)

24 Global Future — Fourth Quarter 2004 Neighbours, asylum and xenophilia

Ismo Rama

MANY MILLIONS OF MEN, WOMEN AND children are seeking asylum and protection. How should a Christian worldview shape our understanding of issues of protection and asylum? Two brief offerings. First, the vulnerable clearly need protection and asylum, here and now. Jesus’ refrain “love your neighbour as yourself”, drawn from the Old Testa- ment, is not merely a good humanitarian idea – it’s an expression of the mind and will of God. And Jesus stretched our understanding of “neighbour” to breaking point when he told the New Testament

story of the “good Samaritan” who cared for the VISION ADDIS/WORLD JAMES injured Jew. If Samaritans and Jews were to treat one other as neigh- And we are to remember that we ourselves need, and have bours, then we too should be neighbours sans frontières! been offered, asylum. Second, Jesus went further still. He challenged our limited If we find ourselves whispering “keep them away from us”, understanding of protection and asylum when he claimed, we have missed the greater truth: that we ourselves as not without controversy, that we are all asylum seekers. By outsiders have been invited and welcomed into the king- our destructive efforts in trashing God’s good world we dom of another. If seduced by the voice of xenophobia, we have all made ourselves outsiders to God’s kingdom. need to listen afresh to the words of Jesus, who practises xenophilia. And if we are hard-hearted toward the out- All of us need, and have sider, we would do well to remember our fellow asylum seeker: the thief on that cross.  been offered, asylum Mr Ismo Rama works with World Vision International as a Strategic Initia- Jesus also claimed, again not without controversy, to be our tives Coordinator. means of entry into this kingdom – the means of access to 1 The author is indebted to, and for further reading recommends, the fol- divine asylum and protection. We see this when Jesus was lowing articles by Andrew Cameron and Tracy Gordon of the Social Issues Executive, Anglican Diocese of Sydney, Australia: “Refuge, Deten- put to death, and a thief who was put to death on a cross tion and the Failure of Evangelical Identity”, Social Issues Briefing #010, alongside him pleaded for Jesus to grant him such asylum 24 May 2004 (www.anglicanmedia.com.au/index.php/articleview/1437/ – a plea freely answered. 1/9); “Detention and Asylum Children”, Social Issues Briefing #008, 27 May 2004 (www.anglicanmedia.com.au/index.php/article/articleview/ Where do these twin perspectives leave us? We need to 1419/1/9); and “Our Place in the International Neighbourhood”, Social simultaneously hold on to both realities. We are to work Issues Briefing #013, 7 June 2004 (www.anglicanmedia.com.au/index.php/ article/articleview/1523/1/9). for asylum and protection for our neighbour here and now.

WORLD VISION World Vision works with each partner World Vision recognises that poverty is is a Christian relief and development community to ensure that children are not inevitable. Our Mission Statement calls partnership that serves more than 85 able to enjoy improved nutrition, health us to challenge those unjust structures million people in nearly 100 countries. and education. Where children live in that constrain the poor in a world of false World Vision seeks to follow Christ’s especially difficult circumstances, surviv- priorities, gross inequalities and distorted example by working with the poor and ing on the streets, suffering in exploita- values. World Vision desires that all oppressed in the pursuit of justice and tive labour, or exposed to the abuse and people be able to reach their God-given human transformation. Children are often trauma of conflict, World Vision works to potential, and thus works for a world that most vulnerable to the effects of poverty. restore hope and to bring justice. no longer tolerates poverty. 

24 Global Future — Fourth Quarter 2004 BACK COVER: Displaced woman from Kosovo in a “tent city” on the outskirts of Podgorica, Montenegro. Photo by Kevin Cook/World Vision  Africa Regional Office PO Box 50816 Nairobi Kenya  Asia Pacific Regional Office SSP Tower, 19th Floor 555 Sukhumvit 63 (Soi Ekamai) Bangkok 10110 Thailand  Communications & Public Affairs 1 Vision Drive Burwood East, Victoria 3151 Australia  EU Liaison Office 22 Rue de Toulouse B-1040 Brussels Belgium  International Liaison Office 6 Chemin de la Tourelle 1209 Geneva Switzerland  Latin America & Caribbean Regional Office Apartado 133, 2300 Curridabat San José Costa Rica, Central America  Middle East/Eastern Europe Regional Office PO Box 28979 2084 Nicosia Cyprus  Partnership Offices 800 W. Chestnut Avenue Monrovia, CA 91016-3198 USA  World Vision UN Office 222 East 48th Street New York, NY 10017 USA