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Ten Years of the
Guiding Principles on
Internal Displacement December 2008
BROOKINGS
FMR – GP10
Steve Elliott
Forced Migration Review
Forced Migration Review (FMR) provides
a forum for the regular exchange of
practical experience, information and
ideas between researchers, refugees
and internally displaced people,
and those who work with them. It is
published in English, Arabic, Spanish
from the editors
and French by the Refugee Studies The international conference on the Ten Years of the Guiding Principles on Internal
Centre, University of Oxford. FMR was Displacement (‘GP10’) – held in Oslo, 16-17 October 2008 – assessed the accomplishments
launched in 1998 in partnership with and shortcomings of the Guiding Principles since their launch in 1998. It also sought to
the Norwegian Refugee Council. generate increased political will to incorporate the GPs into national, regional and global
frameworks and to encourage progress towards their practical implementation.
Editors
Marion Couldrey & Maurice Herson This special issue of FMR reflects discussions at the conference, with shortened versions of
some of the conference presentations, and also includes a selection of other articles, most of
which present case studies on the application of the Guiding Principles in different countries.
Assistant Editor (Arabic edition)
Unfortunately, the number of IDP groups around the world is too great for us to acknowledge
Musab Hayatli
them all in this 40-page issue but we hope that the articles presented here will be relevant and
useful in other settings as well.
Coordinator
Heidi El-Megrisi We would like to thank Khalid Koser (formerly of the Brookings-Bern Project on Internal
Displacement) and Christophe Beau (NRC/IDMC) for their invaluable assistance in preparing
Assistant this special issue, as well as all contributors. The English edition is online at http://www.
Sharon Ellis fmreview.org/GuidingPrinciples10.htm It will also be published in Arabic, French and Spanish.
Best wishes
Forced Migration Review Marion Couldrey & Maurice Herson
Refugee Studies Centre
Editors, Forced Migration Review
Oxford Department of International
Development, University of Oxford,
3 Mansfield Road, Oxford OX1 3TB, UK This special issue has been produced with the support of NRC/IDMC, the Norwegian Ministry
Email: fmr@qeh.ox.ac.uk of Foreign Affairs and the Brookings-Bern Project on Internal Displacement.
Tel: +44 (0)1865 280700
Fax: +44 (0)1865 270721
Skype: fmreview Contents
Foreword Uganda’s response to displacement:
www.fmreview.org John Holmes 3 contrasting policy and practice
The genesis and the challenges Ruth Mukwana and Katinka Ridderbos 21
Copyright and disclaimer
Opinions in FMR do not necessarily reflect Roberta Cohen and Francis M Deng 4 Guiding Principle 29 and the right
the views of the Editors, the Refugee Achievements, challenges and to restitution
Studies Centre or the University of Rhodri C Williams 23
recommendations
Oxford. Any FMR print or online material
may be freely reproduced, provided that Summary of outcomes of the GP10
Obstacles to realising
acknowledgement is given to the source Conference 6
Guiding Principle 29 in Afghanistan
and, where possible, the FMR URL and/or
Developments in the legal Megan Bradley 24
the article-specific URL.
protection of IDPs
Cordula Droege 8 Seeking electoral equality for IDP voters
Editing assistance Jeremy Grace and Jeff Fischer 26
Assessing the impact of the Principles:
Tim Morris (www.timmorris.info)
an unfinished task Time to apply the Guiding Principles
Elizabeth Ferris 10 in Nepal
Designed by Shiva K Dhungana 27
Art24 www.art-24.co.uk The Guiding Principles and the
Responsibility to Protect Returnees in Sierra Leone
Erin Mooney 11
Printed by Claudena Skran 29
Image Production Achievements and limitations of the Guiding Principle 27 and Philippine
www.imageproduction.co.uk Guiding Principles in Burma
ISO 14001 certified typhoon response
Thailand Burma Border Consortium 14
Sara McHattie 30
ISSN 1460-9819 Protecting IDPs in Europe
Internal displacement in the Central
Corien Jonker 15
Front cover photo: African Republic
Internally displaced Congolese women Experience of the Guiding Principles Laura Perez 31
wait during a food distribution in Kibati, in Georgia
just outside the eastern provincial capital Iulia Kharashvili, Ilya Kharashvili UNHCR and the Guiding Principles
of Goma, DRC. IRIN/Les Neuhaus and Koba Subeliani 16 Khassim Diagne and Hannah Entwisle 33
Africa: from voluntary principles Training to strengthen protection
to binding standards of IDP rights
Brigitta Jaksa and Jeremy Smith 18 Kim Mancini Beck 36
Can the Guiding Principles make The future of the Guiding Principles
a difference in Kenya? Walter Kälin 38
Jacqueline Klopp and
Nuur Mohamud Sheekh 19 Sources and resources 40
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 3
Foreword
John Holmes
Internal displacement remains one of the most significant the international community to
challenges facing the humanitarian community. increase its support to governments
and to IDPs themselves.
Twenty-six million people are ten years ago by the former
displaced within their countries due Representative of the Secretary- John Holmes is the UN Under-
to armed conflict; many more are General on Internally Displaced Secretary-General for Humanitarian
displaced as a result of natural and Persons, Dr Francis Deng, and the Affairs and Emergency Relief
human-made disasters and these former Emergency Relief Coordinator, Coordinator (ERC). For more infor-
numbers seem certain to increase as a the late Sérgio Vieira de Mello, was a mation please contact dpss@un.org
result of the effects of climate change.1 watershed event in protecting IDPs.
1. See FMR’s recent issue on climate change
and displacement at http://www.fmreview.org/ Eldoret IDP
Internally displaced persons (IDPs) As the articles in this Special Issue climatechange.htm camp, Kenya.
2. http://www.idpguidingprinciples.org/ January 2008.
are less clearly identified and of FMR demonstrate,
protected than refugees but are we have come a
often particularly vulnerable. They long way in the past
may lose their property and access decade. The Guiding
to livelihoods; they run a high risk Principles have
of being separated from family become the accepted
members; they may be discriminated international standard
against merely for being displaced; for IDPs; an increasing
they often lack identity cards, which number of states have
makes it more difficult for them to incorporated them into
access basic services and prevents national legislation;
them from exercising their political and they have become
rights. They are also often more the benchmark for
vulnerable than other groups to abuse humanitarian and
by others – as reflected in the high human rights actors
levels of sexual and gender-based – both nationally and
violence in IDP settings. The most internationally – in
difficult vulnerability to measure, dealing with internal
though, is their loss of dignity displacement. Most
and, as the period of displacement importantly, they
increases, their sense of hope. have made IDPs
themselves more
Following the end of a disaster event aware of their rights.
or a conflict, ending displacement is
often our major and most difficult But there is still a long
challenge. Typically, in such periods, way to go. Most states
national and international attention to affected by internal
the plight of IDPs drops and durable displacement still do
solutions can be elusive. IDPs often not have domestic
receive too little support for too short laws or policies on
a period of time to allow them to IDPs; many IDPs are
reestablish their lives in safety and still unaware of their
dignity, while recovery activities in rights; and there are
the areas where they want to live are numerous obstacles
all too often slow to be completed. to their realisation. I
therefore welcome the
It is vital that our work to ensure opportunity afforded
the protection of IDPs is based on by this Special Issue
their human rights. Human rights to share experiences,
not only underpin humanitarian learn lessons, identify
action in protection of IDPs but also gaps and plan for
distinguish right holders and duty the future. And I call
bearers. The Guiding Principles on all governments
on Internal Displacement2 clearly to assume their
Pedram Yazdi
spell out the rights of IDPs and responsibilities
the corresponding obligations of under the Guiding
national authorities. Their publication Principles and on
4 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
The genesis and the challenges
Roberta Cohen and Francis M Deng
The need for international standards to protect and who would be considered refugees
assist internally displaced persons arose directly if they had crossed a border. For
others, those uprooted by natural
from the explosion of civil wars in the last decade of disasters and development projects
the 20th century that left tens of millions uprooted were to be included as well.
within the borders of their own countries. Because it was recognised that such
people were also involuntarily
The 1951 Refugee Convention did not law to provide special protections displaced and faced human rights
apply to internally displaced persons. for disadvantaged groups, whether and protection problems, the
Principal responsibility for providing refugees, minorities, persons with broader definition won out.
for the well-being and security of disabilities, women or children.
IDPs rested with their governments Identifying the rights of IDPs and Controversy about the Principles
but most were unable or unwilling the obligations of governments was arose not so much in regard to
to assume this obligation. Nor did not intended to create a privileged their content as to the process
international organisations and NGOs status but to ensure that, in a given by which they were developed.
have clear rules of engagement with situation, IDPs – like others – For the first time, international
the rapidly growing numbers of IDPs would be protected and assisted. experts outside the traditional
in need of assistance. Many thus intergovernmental process drafted,
began appealing for an international The legal team had to consider reviewed and completed a major
document that would define the the most appropriate approach international legal document. Fifty
rights of IDPs and the obligations to compiling the law. American independent international experts
of governments towards them. lawyers argued for a ‘needs-based’ finalised the Guiding Principles at
approach – to identify IDP needs a conference in Vienna hosted by
Development of a legal framework and then examine how the law, the Austrian government, one of
for IDPs became one of the main tasks including customary law and the Principles’ leading sponsors.
taken on by the Representative of resolutions, would address them. The Representative then presented
the Secretary-General on Internally Others, especially Europeans, argued the Principles to the UN in 1998.
Displaced Persons, Francis Deng, for a more traditional ‘rights-based’
following his appointment in approach – to look exclusively at hard Not long thereafter, a small but
1992. This assignment was fraught law1 to decide what rights IDPs have. vocal group of governments – led
with daunting challenges: Walter Kälin2 chaired the process, by Egypt, Sudan and India – began
skillfully bringing the two sides to question the standing of the
■ dealing with the sensitivities of together and merging the various Principles and to ask whether their
governments wary of potential texts. The resulting ‘Compilation development by non-governmental
intrusions into their sovereignty and Analysis of Legal Norms’ actors would create a precedent. To
was presented in two parts by the allow their concerns to be addressed,
■ ensuring that international Representative to the Commission the Swiss government hosted a series
standards were based on a concept on Human Rights in 1996 and 1998. of meetings, beginning in 2001, by
that would promote consensus the end of which the dissenting
Whether the rights of IDPs should be states abandoned their reservations
■ reassuring states that while IDPs set forth in a declaration, convention and expressed support for the
came under their sovereign or principles was a further difficult Principles. In particular, they were
responsibility they had to agree decision. Principles were decided reassured that the experts involved
that sovereignty carried with it upon for three reasons. First, had not created new law but mostly
the obligation to protect and assist there was no support for a legally compiled and restated what had
these vulnerable populations. binding treaty given the sensitivity already been negotiated and agreed
surrounding the sovereignty issue. to by governments. They also were
The concept of sovereignty as a Second, treaty making could take influenced by the many governments
form of responsibility became decades, whereas a document was in the Group of 77 – a coalition of
the basis for the normative needed urgently. Third, sufficient developing nations3 – who quickly
framework that would be created. international law already existed to found the Principles to be a valuable
protect IDPs. What was needed was tool in dealing with internal
There was concern, especially among a restatement of the law tailored displacement in their countries.
humanitarian staff, that singling to the explicit concerns of IDPs.
out one group of people could Sérgio Vieira de Mello, the then
result in discrimination against How to define IDPs was another Under Secretary-General for
others. But the legal team that the major issue. For some, IDPs were Humanitarian Affairs, took the lead
Representative assembled found that exclusively those uprooted by in calling upon UN humanitarian
precedents abound in international conflict and persecution – people and development agencies and NGO
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 5
umbrella groups in the Inter-Agency important international framework Her former co-director, Francis
Standing Committee (IASC) – the for the protection of IDPs. Deng (osapg@un.org), was the UN
primary mechanism for inter-agency Secretary-General’s Representative
coordination of humanitarian From a process initiated barely on Internally Displaced Persons
assistance4 – to welcome the ten years earlier, the Guiding from 1992 to 2004 and is now Special
Principles. The IASC disseminated Principles have come to fill a major Adviser to the UN Secretary-General
them widely and applied them in gap in the international protection on the Prevention of Genocide.
the field. The Brookings Project system for uprooted people.
1. ‘Hard law’ is a term used by lawyers to describe
on Internal Displacement5 worked the legally binding nature of various agreements or
with international, regional and Roberta Cohen (rcohen@brookings. provisions which leave little room for discretion or
interpretation.
civil society organisations around edu) is a Senior Adviser to the 2. Walter Kälin has been the Representative of the
the world to gain international Brookings Project on Internal Secretary-General on the Human Rights of Internally
Displaced Persons since 2004.
acceptance for them. In 2005, more Displacement, which she co-founded
3. http://www.g77.org/
than 190 states adopted the World and co-directed for 12 years, and
4. http://www.humanitarianinfo.org/iasc/
Summit Outcome document,6 a Senior Associate at Georgetown 5. http://www.brookings.edu/projects/idp.aspx
which specifically recognised University’s Institute for the 6. http://www.un.org/summit2005/presskit/fact_sheet.pdf
the Guiding Principles as an Study of International Migration.
Commitments to the protection of IDPs
The Oslo conference on the displaced persons, namely in all The acronym ‘IDP’ gives the
Guiding Principles included a the dimensions of protection. merest idea of the grim realities
session on ‘Humanitarian actors António Guterres that confront us in many parts of
– commitment to the protection the world today. In August alone
of IDPs’. Panel speakers were UN … the Guiding Principles have indeed [2008], more than half a million
High Commissioner for Refugees provided a useful framework to people have been driven out of their
António Guterres, Under Secretary- guide the responses of governments, homes as a result of three renewed
General for Humanitarian Affairs humanitarians and other actors conflicts: in Georgia, in areas on
and Emergency Relief Coordinator in natural disasters. However, as the border between Pakistan and
John Holmes and Director General in other displacement contexts, Afghanistan, and in the southern
of the International Committee of more needs to be done by all of us Philippines. During recent weeks
the Red Cross Angelo Gnaedinger: to translate them into consistent tens of thousands more have had
policy and practice. I reiterate my to flee their homes in Sri Lanka, in
In the absence of binding commitment, and that of my staff, to Somalia, in eastern Congo and in
instruments, the Guiding Principles support all stakeholders, particularly many other places where hostilities
have become an extremely relevant governments, to ensuring that and attacks on civilians have
protection instrument. We consider the standards set by the Guiding continued unabated for years. We
them as more than a simple Principles are met. If we want to are committed to reaching all these
compilation and restatement of legal stand true to our commitment to end people in profound distress, who are
rules. For us, the Guiding Principles the suffering of the millions who are, in urgent need of basic goods and
have played a significant role even and who will be, displaced by natural services, and in need – most of all
in shaping our own operational disasters, there is no other option. – of a sense of security and hope.
responsibilities in relation to John Holmes Angelo Gnaedinger
6 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
Achievements, challenges and
recommendations
Summary of outcomes of the GP10 Conference: 16-17 October 2008, Oslo
The Oslo conference reaffirmed the in situations of displacement develop a response strategy which
Guiding Principles as an important resulting from natural disasters.1 ensures that all proper planning
framework for upholding the rights and response are carried out.
of IDPs and was encouraged by At the regional level, the Organization
reports from a number of states that of American States and the Council Challenges ahead
the Principles had been incorporated of Europe2 have recommended the Despite considerable achievements,
into national laws and policies and adoption of the Guiding Principles some of which are outlined above,
that a variety of actors have found through national legislation to their major challenges to the realisation
them useful in promoting IDP rights. Member States. In Africa, the Great of rights of IDPs remain. The
Lakes Protocol on the Protection and number of people who have been
However, the conference emphasised Assistance to Internally Displaced forcibly displaced from their homes
that increased political and financial Persons includes a legal obligation is estimated at 1% of the world’s
commitment is needed to ensure for signatories to incorporate the population. Moreover, the number
the full protection of IDPs. States Guiding Principles into domestic law. of IDPs continues to increase,
are encouraged to develop or primarily as a result of the growth
strengthen their policies to include: The essential role of the judicial in disaster-induced displacement
(1) preventive measures to avert system and civil society related to climate change but also
displacement, (2) crisis mitigation organisations in promoting the because of protracted situations
procedures, to be activated once Guiding Principles and monitoring of displacement. Protracted
displacement has occurred, and commitments and obligations of displacement usually occurs as
(3) durable solution frameworks. national authorities was highlighted a result of unresolved conflicts
in the context of Colombia. and lack of political will amongst
There is an urgent need for national governments, as well as
humanitarian and development During the discussion, it became insufficient support by international
actors, governments and financial apparent that the Guiding Principles actors. In many countries, significant
institutions to work together are operationally valuable for actors gaps between policies and
to ensure durable solutions to engaged in providing protection practice are observed, especially
displacement. Joint approaches and assistance to IDPs. From the in relation to durable solutions.
are also required to address the point of view of humanitarian
challenges resulting from the agencies, the Guiding Principles The conference noted that a Shar Akitena dries
grain in the sun,
increasing scale and complexity have shaped humanitarian and majority of states affected by
her first harvest
of forced displacement, and to protection operations. They also internal displacement remain since returning
ensure that the standards set by provide the primary reference unable or unwilling to take on home to Otim, her
the Guiding Principles are met. from which humanitarian their responsibilities for protecting village of origin in
northern Uganda,
and protection standards and IDPs. In the worse cases, the after years of
Achievements practices are developed.3 humanitarian space required to displacement.
Participants in the conference
emphasised that the Guiding With respect to displacement
Principles have become a key point resulting from natural disasters,
of reference for the development the conference affirmed that the
of normative frameworks for the Guiding Principles provide a useful
protection of IDPs in domestic framework for disaster risk reduction,
laws and policies. For example, the mitigation of displacement
in Turkey, the government has and ending displacement after
incorporated the Guiding Principles disasters. In situations of disaster-
in its Strategy document and used induced displacement, protection
them as a basis for its Compensation risks are often under-estimated.
Law. With the help of the UN, the In disaster-prone countries, the
model used to develop Turkey’s Van Guiding Principles should be
Province Plan of action for IDPs used to build closer partnerships
is now being expanded to cover between governments, aid providers
other provinces. Examples from and civil society, as part of the
Mozambique and the Maldives were disaster prevention framework.
also given, confirming the relevance IOM noted the role of the Guiding
of incorporating the Guiding Principles at the onset of a
Principles into national legislation disaster, in serving as a checklist to
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 7
prevent displacement or to provide level, as the responsibility for framework for durable solutions, the
protection to IDPs is limited as a international coordination is divided focus should be on implementing
result of obstruction by governments between UNHCR, UNICEF and the framework from an early stage
or non-state actors. In reality, the OHCHR, all of which have concerns in the humanitarian response.
Responsibility to Protect concept about their capacity to take on
has been of limited value in the this additional responsibility. Political dialogue
protection of human rights of IDPs, Political dialogue, including peace
as a number of states remain more Recommendations negotiations, needs to ensure that
committed to the doctrine of national IDPs’ voices are represented and
sovereignty when it comes to dealing Incorporation into heard on all issues which affect
with internal displacement.4 national legislation them. Experience shows that early
The Guiding Principles should be and sustained dialogue on issues
It was felt that the current legal and incorporated into national legislation relating to access to land, housing
normative protection framework so as to promote their implementation and property is essential to the
needs to be re-examined in the light and improve accountability for the identification of durable solutions.
of the new categories of forced protection of IDPs. The publication of
migrants as a result of climate the Manual for Law and Policymakers Disaster prevention
change-related disasters or long- on Protecting Internally Displaced In disaster-prone countries, the
term environmental degradation. Persons5 will be a useful resource Guiding Principles should be used
for governments as it provides a to build closer partnerships between
With an increasing number of IDPs guide for policymakers on how to governments, aid providers and
residing in urban areas, states and bring relevant domestic laws in line civil society, as part of the disaster
protection agencies must seek new with the Guiding Principles in a prevention framework. At the onset
and appropriate means of providing practical way. National authorities of a disaster, the Guiding Principles
them with adequate protection and have a responsibility not only to should be used as a checklist to
assistance, as their requirements are develop legislative frameworks develop a response strategy to ensure
different from those of people in but also to ensure that laws and proper planning and response.
camp settings or in rural areas. The policies are implemented.
appropriate durable solutions also Urban IDPs
need to be considered, as urbanisation Partnerships With an increasing number of IDPs
affects choices and opportunities. For Effective partnerships are necessary in residing in urban centres, states and
example, after IDPs have adapted order to meet the twin challenges of protection agencies must seek new
to urban livelihoods, return to rural preventing displacement and ending and appropriate means of providing
homes is often no longer an option. displacement. These partnerships them with adequate protection and
should be developed amongst assistance, as their requirements
With respect to international states; between states and civil are different from those of people
protection, humanitarian reform has society; between states and financial in camp settings or in rural areas.
contributed to better predictability institutions; between states, civil
in humanitarian responses. The fact society and international protection Participation of IDPs
that UNHCR now takes the lead for and assistance agencies; and between Finally, it is important to develop
protecting IDPs in situations of armed international humanitarian agencies mechanisms to ensure the
conflict has significantly improved and development agencies. participation of IDPs in political
leadership of coordination of processes, in decisions affecting
protection. Nevertheless, as stressed Preventing and ending their lives during displacement, and
by the Emergency Relief Coordinator, displacement in developing and implementing
humanitarian More efforts need to be made to solutions to bring an end to their
actors risk having prevent displacement, through displacement. Their participation is a
Paul Jeffrey/Action by Churches Together
their credibility effective disaster risk reduction precondition to the implementation
undermined and emergency preparedness, and of the Guiding Principles.
if greater care through conflict prevention. In
is not given to parallel, sustained efforts need to be This is a shortened version of the
ensure equality made to end displacement. Both areas Chair’s Summary, prepared by
of attention to of action should be accompanied by NRC/IDMC, the Brookings-Bern
different IDP coordinated political commitment Project on Internal Displacement
populations in of all influential actors, as well as and the Norwegian Ministry of
protracted crises. adequate and predictable resourcing. Foreign Affair, online at http://www.
internal-displacement.org/gp10
In situations of Durable solutions 1. For more examples, see article on Uganda on p21 and
disaster-induced Planning for durable solutions must Georgia on p16.
displacement, start soon after displacement occurs 2. See article on p15.
3. See statements by António Guterres, John Holmes
protection so as to facilitate the transition and Angelo Gnaedinger on p5. In addition, OHCHR
leadership from humanitarian assistance to noted that the Guiding Principles had proven useful in a
variety of situations and that they had been shared with
remains development through effective all its offices.
inadequate at early recovery strategies. Following 4. See article on p11.
the institutional the ongoing field testing of the 5. See p39.
8 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
Developments in the legal
protection of IDPs
Cordula Droege
Ten years ago the International Committee of the Red Cross element is that it is “involuntary
(ICRC) helped draft the Guiding Principles. How have the in nature, where the relevant
persons had no real choice.”8
Principles contributed to improving protection for IDPs?
What gaps remain? Clarification of customary law
has helped consolidate the legal
The Guiding Principles were designed conflict and a crime against framework protecting individuals
to reaffirm existing international humanity if committed as part from, during and after displacement.
human rights law and international of a widespread or systematic The ICRC Customary Law Study9
humanitarian law – and to “clarify attack directed against any identifies a number of customary
grey areas” and “address gaps”.1 civilian population, even rules of international humanitarian
They were also meant to develop outside of an armed conflict. law that must be applied by all
the law, rather than merely reflect parties in all types of armed conflict,
existing law, but this emphasis has ■ The International Criminal international and non-international:
been dropped over recent years. At Tribunal for the Former
the time of drafting, the ICRC insisted Yugoslavia7 has recognised ■ the prohibition of forced
that existing law had to be reflected that displacements are crimes displacement
in the Guiding Principles, and so the punishable under customary
Guiding Principles take up a number international law. It has also more ■ the obligation to take all
of norms which derive directly from precisely defined the term ‘forced’, possible measures to receive
international humanitarian law. stating that it is not limited to civilians under satisfactory
physical force but rather may conditions of shelter, hygiene,
Legal developments over the past include the “threat of force or health, safety and nutrition
decade have not only strengthened coercion, such as that caused by
and consolidated the law fear of violence, duress, detention, ■ non-separation of members
underpinning the Guiding Principles psychological oppression or abuse of the same family unit
but have also been influenced by of power against such person or
them. An encouraging number of persons or another person, or by ■ the right to voluntary
treaties have been ratified by an taking advantage of a coercive and safe return
ever greater number of states: environment.” The essential
■ Both the International
ICRC/Pedram Yazdi
Covenant on Civil and
Political Rights3 and the
International Covenant
on Economic, Social
and Cultural Rights4
have been ratified by
some 160 states.
■ All states in the world
are now party to the
Geneva Conventions –
the international treaties
that contain the most
important rules limiting
the effects of war.5
■ Adoption of the
Rome Statute of
the International
Criminal Court6 has
led to recognition that
unlawful deportation
and transfer is a war IDPs, Nakuru,
Kenya,
crime in any armed January 2008.
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 9
■ the protection of the Have the Principles filled most displacement is induced by the
property of civilians. grey areas and gaps? unlawful behaviour of belligerents.
While there have been enormous
The importance of weapons treaties advances since the process of drafting While a lot has been done to raise
should not be underestimated. the Principles began in 1996, some awareness of the plight of IDPs,
Explosive remnants of war are of the gaps or weaknesses – such we have no cause for complacency.
one of the main obstacles to safe as the fact that non-state actors are Most displacement could be
return, causing immediate dangers not, traditionally, bound by human prevented in the first place if parties
to people’s lives and access to their rights, and the option of derogation respected the laws of war. Those
homes, disrupting infrastructure and from human rights – that were obliged to flee would suffer less if
agricultural production and imposing identified then are still apparent. the parties respected the displaced
further burdens on weakened But much more importantly, the as civilians. Sadly, not much has
medical systems. The banning of real challenge remains respect for, improved in this area. Humanitarian
antipersonnel landmines in the rather than development of, the law. action can bring some relief but
Ottawa Convention,10 the obligation Francis Deng’s finding that “the it is up to the parties to conflicts
to clear explosive remnants of war in implementation of existing standards to respect and protect civilians.
the fifth Protocol to the Convention is more urgent than legal reform” is
on Certain Conventional Weapons11 as true today as it was in 1998. There Cordula Droege (cdroege@icrc.org)
and the recently-adopted Convention are more structures in place to deal is a Legal Adviser in the ICRC’s
against Cluster Munitions12 all with situations of displacement. States Legal Division (www.icrc.org).
help to reduce challenges for are less prone to deny the existence
For further information on ICRC’s
those rebuilding their lives. of displaced people. Displacement
work with IDPs, see ‘ICRC Position
is sometimes taken into account in
on Internally Displaced Persons’.15
At the regional level, the African peace agreements and in national
Union is in the process of drafting a action plans. The international 1. UN Doc E/CN.4/1998/53/Add.2, 11 February 1998,
para 9.
Convention for the Protection and community is better organised to
2. Jean-Philippe Lavoyer, ‘The Guiding Principles
Assistance of Internally Displaced provide basic shelter and assistance, on Internal Displacement: A Few Comments on the
Persons in Africa13 which has the even if coordination can still improve. Contribution of International Humanitarian Law’,
1998 International Review of the Red Cross no 324, p476.
potential to contribute to a stronger
3. http://www.unhchr.ch/html/menu3/b/a_ccpr.htm
legal framework across the continent. However, the first cause for 4. http://www.unhchr.ch/html/menu3/b/a_cescr.htm
As several articles in this issue displacement in armed conflict is 5. http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/
indicate, there have been many disrespect for the existing rules genevaconventions
efforts to implement the Guiding of war. People are obliged to flee 6. http://www.un.org/icc/
Principles, in themselves not binding, because they are forced out by the 7. http://www.un.org/icty
8. Prosecutor v Krnojelac, IT-97-25, Trial Chamber
into national law, mainly thanks to parties to the conflict, because they Judgment of 15 March 2002, para 475.
the efforts of the Representative of are threatened, subject to extortion, 9. http://www.icrc.org/web/eng/siteeng0.nsf/html/
the Secretary-General on the Human forced recruitment, reprisals or customary-law-rules-291008, rules 129, 131, 132, 133.
Rights of IDPs, Walter Kälin. The other violations. Or they flee the 10. http://www.icrc.org/ihl.nsf/FULL/580?OpenDocument
11. http://www.icrc.org/ihl.nsf/FULL/610?OpenDocument
Great Lakes Protocol on the Protection consequences of fighting, because
12. http://www.icrc.org/ihl.nsf/FULL/620?OpenDocument
and Assistance to Internally Displaced parties do not spare civilians but
13. http://www.unhcrrlo.org/Conference_Special_
Persons14 commits member states indiscriminately attack and destroy Events/2008AUSpecialSummit.html
to enact national legislation to homes and infrastructure. Of course, 14. http://www.brookings.edu/fp/projects/idp/
incorporate the Principles fully some people flee even when there GreatLakes_IDPprotocol.pdf
15. http://www.icrc.org/Web/Eng/siteeng0.nsf/html/idp-
into their national legal systems. is no specific violation or threat but icrc-position-030706
What is protection? A definition by consensus
The launch of the Guiding Principles occurred around the same and refugee law). Human rights and humanitarian actors shall
time that the international community at large was beginning conduct these activities impartially and not on the basis of
to take on the idea of humanitarian protection. Indeed the race, national or ethnic origin, language or gender. (1999)
Principles were instrumental in shaping both the need for the
Protection activities may include responsive action, remedial
emphasis on protection and the way that it was then defined. action and environment-building (and may be carried
From 1996 to 2000 the International Committee of the out concurrently) and encompass any activity which:
Red Cross (ICRC) convened a series of workshops on the ■ preventsor puts a stop to a specific pattern of
protection of civilians. These workshops, involving about 50 abuse and/or alleviates its immediate effects;
humanitarian, human rights and academic organisations/
■ restores people’s dignity and ensures adequate living
institutions, led to a ‘working consensus’1 – that still holds –
conditions through reparation, restitution, and rehabilitation,
on the definition of the term protection as encompassing:
■ fosters an environment conducive to respect for the rights of
... all activities, aimed at obtaining full respect for the rights
individuals in accordance with the relevant bodies of law.
of the individual in accordance with the letter and the spirit
of the relevant bodies of law (i.e. human rights, humanitarian 1. http://www.icva.ch/doc00000663.html
10 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
Assessing the impact of the
Principles: an unfinished task
Elizabeth Ferris
The Guiding Principles’ objectives were clear but, ten years governments, the Principles can have
on, how can we assess their impact? a significant impact. When people
are aware of their specific rights,
The late Sérgio Vieira de Mello Changing international they are able to exercise them and
identified four ways the Principles discourse successfully advocate on their behalf.
might benefit IDPs: raising Issues around internal displacement As reported in a recent publication
awareness of their needs; mobilising have steadily been incorporated by the Brookings-Bern Project on
support within the humanitarian into the international policy Internal Displacement,5 IDPs in
community; helping field staff agenda. A growing body of UN Colombia who belong to NGOs and
find solutions; and assisting resolutions and documents reference IDP organisations are aware of the
governments to provide for the Principles. These range from Principles and promote their wider
IDPs’ security and well-being. reports on the protection of children dissemination. They have found
affected by armed conflict1 to them useful as a basis for requests
Data from comparative surveys of reports of the Secretary-General made to the authorities and to secure
IDPs before and after the launch of on the implementation of the constitutional guarantees of IDP
the Principles in 1998 or on public, UN Millennium Declaration,2 rights. Colombia’s highest court,
humanitarian and state awareness to the Report of the World the Constitutional Court, has based
of internal displacement issues Conference against Racism, Racial several decisions on the Principles.
do not exist. This article therefore Discrimination, Xenophobia IDPs in Sri Lanka have used the
measures impact by assessing and Related Intolerance.3 The Principles to advocate for greater
how governments have adopted Principles have become the accepted food rations, more timely deliveries
laws and policies to promote IDP international standards for IDPs. of food, clean water and more
rights, the rising profile of IDPs personal security. In Georgia a group
on the international humanitarian As FMR’s recent issue on of IDPs appealed to the Supreme
agenda and the way some IDPs and humanitarian reform explained, the Court to challenge discriminatory
civil society groups are using the identified gap in response to IDPs electoral laws. When the court ruled
Principles as an advocacy tool. was the driving force behind the against them they worked with
reform of the humanitarian system NGOs on joint advocacy, persuading
From the beginning, the which culminated in the launch of the government to bring laws into
Representative of the Secretary- the cluster approach in December line with relevant provisions in
General on Internal Displacement 2005.4 Discussions about IDPs have the Principles. US human rights
(RSG) emphasised the importance dominated much of the humanitarian groups have used the Principles to
of incorporating the Principles reform agenda from the need for draw attention to the shortcomings
into national laws and policies. better preparation and selection of the government’s response to
Presently, around 20 governments of Humanitarian Coordinators to the needs of those displaced by
have passed laws or developed financing. Humanitarian agencies Hurricanes Katrina and Rita in 2005.
policies relating to IDPs, although are increasingly organising seminars,
they do not always follow the text providing training and incorporating However, lack of awareness of
of the Principles. In only three the Principles into their own the Principles is still an issue in
cases – Azerbaijan, Colombia and responses to humanitarian crises. many contexts, mitigating their
Georgia – do these pre-date the effectiveness as an advocacy tool for
Principles. Additionally, there There is some evidence that the IDPs themselves, national NGOs
have been several attempts to Principles are having an impact and international agencies. As
develop regional instruments beyond that of humanitarian Roberta Cohen says: “Knowledge
which incorporate the Principles. response. A review of 43 peace and dissemination of the Principles,
agreements signed between 1990 however, are not sufficiently
It appears that the Principles, with and 2008 found that while only widespread. Of the 528 IDPs
advocacy and support by the RSGs, ten of the 18 peace agreements interviewed in South Asia [for this
have had an impact on national legal signed before 1998 mentioned project], the interviewers found
standards to protect and assist IDPs. internal displacement, all but one that international principles, norms,
While there are often shortcomings of the post-1998 agreements have and laws do not reach most IDPs;
in implementation, governments included a reference to IDPs. only one third had knowledge of
increasingly see them as a useful the Principles.6 In Bangladesh, 97%
framework for addressing issues Where there are active civil of the IDPs interviewed had no
of internal displacement. societies and somewhat receptive knowledge of the Principles. In Nepal,
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 11
25% had heard of the Principles their rights and have provided a Elizabeth Ferris (eferris@
through newspaper reports, radio legal framework for UN agencies brookings.edu) is the co-director
and TV.In Juba, southern Sudan, and human rights organisations to of the Brookings-Bern Project
there was no knowledge of the promote the human rights of IDPs. on Internal Displacement.
Principles although when IDPs were What is much less certain is the
1. http://www.un.org/children/conflict/english/reports.
asked what human rights meant to extent to which the Principles have html
them, they spoke of access to food, prevented arbitrary displacement of 2. http://www.un.org/millenniumgoals/reports.shtml
water, health and protection”.7 persons or have contributed to the 3. http://www.hrw.org/campaigns/race
ability of IDPs to find sustainable 4. http://www.fmreview.org/humanitarianreform.htm
While it is difficult to assess the solutions to their displacement. The 5. Roberta Cohen, Listening to the Voices of the Displaced:
Lessons Learned, Washington, DC: Brookings-Bern Project
direct impact of the Principles on challenge for the coming decade is to on Internal Displacement, 2008. http://www.brookings.
edu/reports/2008/09_internal_displacement_cohen.aspx
IDPs, it is fairly certain that they ensure that IDPs are aware of their
6. ‘Voices of the Internally Displaced in South Asia’,
have encouraged governments to basic human rights and that they Mahanirban Calcutta Research Group, 2006, p14, 24.
adopt laws and policies on internal see the Principles as a useful tool in http://www.mcrg.ac.in/Voices.pdf
displacement, have been used by promoting the exercise of these rights. 7. Daniel L Deng, ‘Voices of the Displaced – Sudan
Project’ (unpublished), p50.
some IDPs as a tool to advocate for
Guiding Principle 22(b)
Internally displaced persons, whether or not they are complain that “Education and training programs for IDPs are
living in camps, shall not be discriminated against as non-existent” and “there have been intentions but no follow-
a result of their displacement in the enjoyment of the up.” In Colombia, only a small number of those interviewed
following rights… The right to seek freely opportunities for have received help to improve their skills or vocational training.
employment and to participate in economic activities.
The government did have a programme for promoting micro-
“We do not want more humanitarian aid; we want income from businesses to help IDPs earn a living and reintegrate effectively
jobs,” says an IDP interviewed in Colombia. Half-way across the but for most IDPs developing a successful project proposal
world an IDP woman in Abyei, Sudan echoes the same sentiment: in the business sector prove too difficult. Moreover, as they
“What we will grow is better then the relief
point out, credit is difficult to repay. In Bosnia, problems
given to us.”
also arise with credit programmes. Returning IDPs who
Indeed, whatever the country, IDPs yearn for jobs in cities or need financial assistance find that the high interest rates
to be working the land so that they can have stable incomes. of many micro-credit programmes deter self-employment
In Sri Lanka, access to livelihoods is a major concern for initiatives in urban areas. Creating livelihood opportunities
IDPs returning to their home areas. In Nepal, of the IDPs
for the vast majority of IDPs remains a major challenge.
interviewed, 61% complained of economic/employment-related
problems, and in Bangladesh, 58% marked economic concerns Interviews carried out by the Brookings-Bern Project on
as their main problem for survival. In Assam in India, IDPs Internal Displacement. See Brookings-Bern Project report
identified lack of work opportunities as a major problem. ‘Listening to the Voices of the Displaced: Lesson Learned’
Training and income-generating projects are few and far at http://www.brookings.edu/reports/2008/09_internal_
between for IDPs. In Juba, the capital of southern Sudan, IDPs displacement_cohen.aspx
The Guiding Principles and the
Responsibility to Protect
Erin Mooney
At the GP10 conference, several speakers invoked the play. Coined in 2001, the concept of
‘responsibility to protect’ and recommended closely linking R2P emerged from the International
Commission on Intervention and
it to the Guiding Principles and with the fate and situation State Sovereignty (ICISS). This was
of the millions of IDPs. What might making this connection convened to forge international
bring, conceptually and concretely, to the protection of IDPs? consensus on humanitarian
intervention after the experience of
The Responsibility to Protect (R2P) other mass atrocities but that when the 1990s, when intervention had
asserts that sovereign states have they are unable or unwilling to do proven intensely controversial, “both
a responsibility to protect their so, a responsibility of the broader when it has happened – as in Somalia,
populations from genocide and community of states also comes into Bosnia and Kosovo – and when it
12 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
has failed to happen, as in Rwanda.”1 architect of R2P recently credited responsibility to prevent, to react and
ICISS re-framed the language and Roberta Cohen, working on IDPs with to rebuild.
tone of debate by no longer speaking the Refugee Policy Group in 1991, as
of a right of outsiders to intervene but the first to spell out that “sovereignty At the same time the Principles
a responsibility – in the first instance, carries with it a responsibility on make it clear that protecting IDPs
of the state concerned – to protect its the part of governments to protect is the responsibility not only of
own population. R2P prescribed a their citizens.”3 When the advocacy authorities in-country but also of the
broad package of measures, including campaign she spearheaded succeeded international community, especially
not only the responsibility to react to with Francis Deng’s appointment when national authorities are
protect populations from grievous in 1992 as Representative of the unable or unwilling to fulfill their
harm but also the responsibility UN Secretary-General on Internally role. The Principles reaffirm that
to prevent such situations and Displaced Persons, Deng continued in “all authorities and international
to rebuild in their aftermath. this vein, asserting in his first report: actors shall respect and ensure
respect for their obligations under
Heads of state who assembled at the “No Government can legitimately international law, including
2005 World Summit unanimously invoke sovereignty for the deliberate human rights and humanitarian
endorsed the concept of R2P, agreeing purpose of starving its population law” (Principle 5). It is incumbent
to its relevance to address genocide, to death or otherwise denying them upon states to accept international
war crimes, ethnic cleansing and access to protection and resources assistance if they are unable or
crimes against humanity, and vital to their survival and well-being. unwilling to provide the assistance
specified that: (1) each individual […] if a Government is incapable of that IDPs require (Principle 25).
state has the responsibility to providing protection and assistance Further, international humanitarian
protect its population from these then the international community organisations and other appropriate
crimes; and (2) the international should act, either on the invitation of actors providing assistance are to
community, acting through the the host country or with international “give due regard to the protection
UN, has the responsibility to do consensus, to fill the vacuum.”4 needs and human rights of IDPs
so when “national authorities are and take appropriate measures
manifestly failing to protect their Coining the phrase ‘sovereignty as in this regard” (Principle 27).
populations” from these crimes, if responsibility’,5 Deng then made
necessary by taking collective action, this concept his signature calling Genocide, ethnic cleansing and acts
including the use of military force.2 card in carrying out all aspects of constituting war crimes and crimes
UN Security Council Resolution 1674 his mandate. He used it to particular against humanity – the four trigger
(2006) subsequently reaffirmed this advantage in opening channels scenarios for R2P – are all expressly
commitment and the concept of R2P. for constructive dialogue with prohibited in the Principles, based on
governments the world over on what obligations under international law.
The duty to prevent and respond fundamentally is an internal, and However, unlike R2P as endorsed
to genocide, war crimes and therefore politically highly sensitive, by the World Summit, the protection
crimes against humanity of course matter. Much more than a diplomatic prescribed by the Principles is by
predates R2P by more than half a nuance and tactic, sovereignty as no means limited to these same
century. Even so, R2P represents responsibility also simply made circumstances. The Principles
a breakthrough in that it breathes sense. For IDPs and other people still unequivocally recognise that people
new life into these long-standing within their own country, protection become IDPs due to a range of causes
commitments, in particular by ultimately entails securing access including armed conflict, generalised
buttressing accountability among to effective national protection. violence, violations of human rights,
states and the international natural or human-made disasters,
community to fulfil these protection Key similarities and differences and large-scale development projects.
obligations in practice. The concept of sovereignty as With R2P, as the experience in the
responsibility at the core of R2P aftermath of Burma’s Cyclone Nargis
The relevance to IDPs also informed and underpins the made evident, there is no consensus
Situations of genocide, war crimes, Principles. As a general principle, even among the chief architects of
crimes against humanity and “national authorities have the R2P as to whether it can be applied
ethnic cleansing inevitably force primary duty and responsibility to in the case of overwhelming natural
people into displacement. The link provide protection and humanitarian or environmental catastrophes,
between R2P and IDPs, however, assistance to internally displaced where the state concerned is either
extends beyond causal factors. persons within their jurisdiction” unwilling or unable to cope, or call
(Principle 3). The Principles then for assistance, and there is or might be
In fact, the intellectual roots of R2P proceed to spell out what this significant loss of life.6 Moreover, the
run deep, extending to and very much responsibility requires in all phases Principles define protection in terms
inspired by international approaches of displacement: from prevention not only of physical safety but also
to IDP protection introduced a decade to protecting populations against of the broad range of civil, political,
earlier. In particular, the concept of atrocities and abuse of rights, to economic, social and cultural rights.
‘sovereignty as responsibility’, which ensuring durable solutions – a
is at the core of R2P, has a pedigree comprehensive approach which A further key difference lies in their
traceable to the earliest days of IDP calls to mind and could help guide fundamental purpose. The Principles
protection advocacy. A principal implementation of R2P’s three-fold were drafted in response to a request
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 13
from states, voiced in resolutions these circumstances, explicitly linking operationalising R2P before the end
adopted by the UN General Assembly R2P to internal displacement and the of 2008). Once these elements are
and Commission on Human Rights, Principles could risk confounding the put in place, R2P holds tremendous
for a normative framework for the latter with intervention in internal promise as a mobilising tool to
protection of IDPs. Their express affairs and undermine the wide reinforce and support realisation
purpose is to provide guidance on the acceptance of the Principles that of those parts of the Principles
rights of IDPs and the responsibilities has been so carefully cultivated concerned with the protection of
of states and other authorities over the past decade. IDPs from the most serious crimes.
towards them. Recognised by the 2005 In the meantime, whether states and
World Summit as the authoritative To be sure, R2P’s proponents the international community will
statement on the rights of IDPs, the have worked hard to explain the fulfil their responsibilities – new
Principles have been incorporated broad range of measures that and old – to protect people in grave
into national laws and policies in it encompasses, with particular peril remains a question urgently
numerous countries. In addition to emphasis on preventive measures on the mind of millions of IDPs.
clarifying the relevant legal norms, and building state capacity. Both of
the Principles also specify some of these aims also find strong reflection Erin Mooney (erindmooney@hotmail.
the concrete actions that realisation of in the Principles, which could thus com) is a Senior Protection Officer
these norms requires, such as issuing provide a useful tool and guidance with UN ProCap. She worked for
replacement personal documentation for implementing these aspects of R2P Representatives of the Secretary-
for IDPs, incorporating women’s in cases of real or threatened internal General on IDPs from 1995 to 2006,
views and concerns into the design displacement. Increasing focus by since 2001 as Senior Adviser.
and delivery of assistance, making R2P advocates on prevention and the 1. ICISS, The Responsibility to Protect (IDRC, 2001), pvii.
education and training facilities ‘softer’ measures such as diplomatic http://www.iciss.ca/menu-en.asp
available in IDP camps, and helping persuasion were used in Kenya to 2. World Summit Outcome 2005, UN General Assembly
Resolution 60/1 (2005), paras 138-139.
IDPs recover or receive compensation address the post-election violence – 3. Gareth Evans, The Responsibility to Protect: Ending
for lost or damaged property. the first successful application of R2P. Mass Atrocity Crimes Once and For All (Brookings, 2008),
p36. http://www.brookings.edu/press/Books/2008/
However, it is essential to the aim responsibilitytoprotect.aspx
Anchored in the same bodies of and legitimacy of the R2P concept to 4. UN Doc. E/CN.4/1993/35 (21 January 1993), para 151.
international humanitarian law as the not shy away from confronting cases, 5. Deng et al, Sovereignty as Responsibility: Conflict
Principles, R2P was developed for a such as Darfur, DRC, Zimbabwe Management in Africa (Brookings, 1996). http://www.
brookings.edu/press/Books/1996/sovrnty.aspx
different purpose: to break through and Somalia, where mass atrocities 6. ICISS p33 and Lloyd Axworthy and Allan Rock,
a political impasse, specifically on and abuses remain unchecked ‘Responsibility to Protect? Yes,’ Globe and Mail (9 May
2008); Evans, pp55-56; and Ramesh Thakur, ‘Applying
the basic questions of principle and a meaningful international the UN Responsibility to Protect Doctrine too Broadly,
and process as to when, how and protection response is long overdue. to Natural Disasters, Could do More Harm Than Good,’
Yale Global (19 May 2008).
under whose authority international
7. Edward Luck was appointed as Special Adviser with
intervention should occur. That Clearer understanding of R2P’s a focus on the Responsibility to Protect in February
R2P has gained international purpose and scope is key to 2008. See Edward C Luck, The United Nations and the
Responsibility to Protect, Policy Analysis Brief (Stanley
acceptance and traction is a testament deepening the political buy-in for Foundation, 2008), p1. http://www.stanleyfoundation.
to its contribution towards re- its application which, in turn, will org/resources.cfm?id=345
opening dialogue and re-affirming require the development of practical 8. UN doc. SG/SM/11701 (15 July 2008).
9. Brian Barbour and Brian Gorlick, ‘Embracing the
commitments on this critical issue. tools and implementation strategies “Responsibility to Protect”: A Repertoire of Measures
(the UN Secretary-General has Including Asylum for Potential Victims’, International
Journal of Refugee Law (2008), p536. http://ijrl.
Even so, the practical implications promised to unveil proposals for oxfordjournals.org/
of R2P have yet to be developed
and remain controversial. The People
fleeing
Secretary-General’s Special Adviser attacks on
on R2P points out: “UN member their villages
states are united in their support for pitch a
makeshift
the goals of R2P but less so on how camp on the
to achieve them.”7 UN Secretary- outskirts of
General Ban Ki-Moon, an active Goz Beida
town, Chad,
advocate of R2P, acknowledges that
2006.
it is “a concept, not yet a policy;
an aspiration, not yet a reality. […]
There is no blueprint for getting the
job done.”8 In the absence of such a
blueprint, misconceptions abound;
most significantly, the mistaken
impression of R2P as “nothing more
than military intervention cloaked
UNHCR/ Helene Caux
in political rhetoric remains a road
block for many.”9 As a result, a
number of governments, fearing
international intrusion, remain
prickly about the concept. Under
14 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
Achievements and limitations
of the Guiding Principles
in Burma
Thailand Burma Border Consortium
While the Guiding Principles have galvanised awareness done little to alleviate poverty in
of and assistance for IDPs in Burma, they have been an conflict-affected areas. Communities
perceived as opposing the state
ineffective tool for dealing with a predatory military junta. generally bear a disproportionate
As FMR’s recent issue on Burma displacement. It has now become share of the costs and are denied
outlined1, large-scale internal accepted that displacement might a fair share of the benefits.
displacement has been a reality in result not only from violence and
Burma since squatters were forcibly abuse that have already taken place Recognition that “internal
evicted from Rangoon and relocated but also from the need to avoid displacement may be caused by
into satellite towns in the 1950s. threats which are yet to occur. This a combination of coercive and
Only since the introduction of the has facilitated understanding of the economic factors”2 has also been
important. In Burma
much impoverishment
and forced migration
are due to state-led
land confiscation,
asset stripping, forced
procurement policies,
agricultural production
quotas, forced labour,
arbitrary taxation,
extortion and restrictions
on access to fields and
markets. The compulsory
and unavoidable nature
of these factors is distinct
from the voluntary,
profit-oriented ‘pull
factors’ more commonly
A Burmese
family heads associated with
towards economic migration.
a relief
camp near
Given the junta’s
UNHCR
Kungyangan
Township, increasing restrictions
May 2008. on humanitarian space
in conflict-affected areas,
Guiding Principles has there been a involuntary nature of displacement the Guiding Principles have also
common framework for protection in Burma, applying the Principles helped to mobilise funds for cross-
and assistance of IDPs. The Principles regardless of whether people are border assistance programmes. They
have proven invaluable in promoting forced to flee conflict, violence underpin international humanitarian
awareness about displacement and or abuse, or obliged to leave by law’s assertion that civilians caught
mobilising assistance to respond government orders or out of fear. in the cross-fire have a right to
to grave needs. Yet, in Burma, as in assistance and that such assistance
some other contexts, the Principles The Principles’ concern with should not be considered a threat
offer little diplomatic leverage when development-induced displacement to national sovereignty. Donors
national authorities are unable and/or has resonated in Burma as state- listened when experts advised that
unwilling to fulfil their obligations. sponsored development initiatives cross-border aid into Burma is not
have often undermined livelihoods only justified in international law
The Guiding Principles have helped and promoted militarisation. but should be strengthened.3
humanitarian practitioners advocate By focusing on infrastructure
that it is not only proximity to development and commercial The protection dividend of increased
actual fighting but also the broader agriculture, the junta’s Border Areas awareness in regard to the national
effects of war that are causes of Development programme has authorities fulfilling their obligations
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 15
has been limited. The regime has It is now accepted that if national Burma Border Consortium (www.tbbc.
neither recognised its responsibilities authorities are unable or unwilling org), a network of 11 international
for causing displacement nor to protect against massive atrocities, NGOs providing food, shelter and
the requirement to address its responsibility for enforcement shifts non-food items to refugees and
consequences. Despite concessions to the international community.6 displaced people from Burma.
made in the Irrawaddy Delta after This shift is required to increase
1. http://www.fmreview.org/burma.htm
Cyclone Nargis struck in May the leverage of the international 2. UN OCHA & Brookings Institution, 1999, Handbook for
2008, restrictions on humanitarian community when dealing with Applying the Guiding Principles on Internal Displacement,
New York, p5 http://www.brookings.edu/fp/projects/idp/
access continue elsewhere in Burma recalcitrant rights-abusing regimes resources/HEnglish.pdf
and increasingly frustrate efforts such as the Burmese junta. The 3. Roberta Cohen, 2000, ‘Hard Cases: Internal
to reach conflict-affected IDPs. Guiding Principles have put Displacement in Turkey, Burma and Algeria’, Forced
Migration Review, issue 6, http://www.fmreview.org/
The weight of evidence suggests Burma’s IDPs on the humanitarian FMRpdfs/FMR06/fmr608.pdf
that violations of human rights agenda but new tools are required 4. Amnesty International, 5 June 2008, ‘Crimes Against
and humanitarian law in eastern to stop violence and abuse and Humanity in Eastern Myanmar’, ASA 16/011/2008 http://
www.amnesty.org/en/library/info/ASA16/011/2008/en
Burma could constitute crimes prevent emerging threats from See also TBBC, October 2008, Internal Displacement and
International Law in Eastern Burma. http://www.tbbc.org/
against humanity.4 International causing further displacement. idps/idps.htm
frustration has been reflected in 5. http://www.reliefweb.int/rw/RWB.NSF/db900SID/
the highly unusual denunciation This article was written by the LRON-74LGRA?OpenDocument
of the junta by the International Displacement Research Team 6. UN General Assembly, 2005 World Summit Outcome
Document, UN doc. A/Res/60/1, 24 October 2005, para 138
Committee of the Red Cross.5 (tbbcbkk@tbbc.org) of the Thailand UN Security Council, Resolution 1674.
Protecting IDPs in Europe
Corien Jonker
Over the past decade the 47-member Council of Europe All Council of Europe member
has put a considerable amount of effort into promoting the states have acceded to the European
Convention on Human Rights.3
Guiding Principles. Thus each individual IDP under the
Eleven of the 47 Council of Europe1 Committee on Migration, Refugees jurisprudence of a Council of Europe
member states have a combined and Population, the Committee of member state is protected by the
population of approximately 2.5 Ministers of the Council of Europe ECHR and has the right to appeal to
million IDPs. Alarmingly, only agreed 13 recommendations on the European Court of Human Rights
a few hundred thousand have IDPs. These Recommendations2 in Strasbourg. Since the mid-1990s,
found a durable solution to their do more than just re-state the when Russia, the Balkan and South
displacement over the past ten non-binding Guiding Principles. Caucasus states joined the Council of
years and most of these people have They underline the binding Europe, the Court of Human Rights
rebuilt their lives elsewhere than obligations undertaken by Council has issued several judgments relating
their areas of origin. Contrary to all of Europe member states that go to internal displacement in the region.
expectations, the number of IDPs in beyond the level of commitments
Europe has not fallen significantly. reflected in the Guiding Principles. Furthermore, as IDPs remain under
So somewhere, somehow, our efforts the protection of their own country,
and policies have failed, despite Most European states concerned they are usually entitled to the same
international human rights and have established domestic rights as any other person. Besides
humanitarian norms becoming normative frameworks for internal the Convention, there are other
increasingly more elaborate. displacement since 1998. However, Council of Europe instruments that
only three countries – Azerbaijan, are binding on member states,4 and
The Council of Europe has long Georgia and Turkey – have made both the Council of Europe and
taken an interest in the issue of significant progress in bringing its Parliamentary Assembly have
displaced persons. Its Parliamentary their IDP legislation into line with mechanisms to monitor countries’
Assembly has adopted various the provisions of the Guiding obligations under these instruments.
recommendations and resolutions Principles. Paradoxically, these are Of particular importance is the
– on issues such as the education the countries with the least prospect little known and much under-used
of refugees and IDPs in European of return of their IDP populations protection mechanism provided
countries and the humanitarian in the near future because of the by the European Social Charter
situation of displaced populations lack of political solutions. At the and the revised Social Charter,
in Turkey, the Russian Federation same time, the IDP situation has whereby international NGOs
and CIS countries, south-eastern improved best in the Balkans, where which have participatory status
Europe and the South Caucasus there have been internationally with the Council of Europe and
(and, most recently, Georgia). negotiated and monitored are listed as having standing
In 2006, at the instigation of agreements and where there have with the European Committee of
the Parliamentary Assembly’s been advances in EU integration. Social Rights can submit collective
16 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
complaints irrespective of whether assistance, even if the will is there. solutions that will help displaced
the organisations concerned come In other cases, governments clearly people return to their homes.
under the jurisdiction of any of the lack the necessary political will to
State Parties to the Social Charter. protect and help displaced persons. Corien W A Jonker (c.jonker@
tweedekamer.nl) is the Chair
However, there still persists a We need to encourage states to of the Parliamentary Assembly
wide gap between legislation and step up implementation of existing of the Council of Europe’s
practice, especially at local level. legislation and to observe human Committee on Migration, Refugees
There is no question that the primary rights to the letter. We need to and Population (see http://
responsibility for protecting displaced enhance the impact of the Guiding assembly.coe.int/Main.asp?link=/
persons lies with governments and Principles by ensuring that they are committee/MIG/Role_E.htm).
local authorities. It is at this level enshrined in the relevant legislation
1. http://www.coe.int/
that the difference will finally need of all countries. We need binding 2. Recommendation Rec (2006)6 of the Committee of
to be made. National authorities instruments to hold states and their Ministers to member states on internally displaced
persons (adopted 5 April 2006)
need to be urged to devote resources, governments accountable for their
3. http://www.hri.org/docs/ECHR50.html
expertise and political will to address breaches of human rights. And above
4. These include the European Convention for the
the specific vulnerability of IDPs. In all we need to end ostrich-style Protection of National Minorities, the Revised Social
some cases, the authorities face severe politics and instead work towards Charter, the European Convention on the Exercise of
Children’s Rights and the European Convention on
economic constraints and are unable peaceful, diplomatic, win-win Action against Trafficking in Human Beings.
to meet IDPs’ need for protection and
Experience of the
Guiding Principles in Georgia
Iulia Kharashvili, Ilya Kharashvili and Koba Subeliani
Georgia has made significant strides towards incorporating civil society. Based on the Guiding
the Principles in policy and practice. Principles, the Strategy seeks to create
conditions for dignified and safe
In August 2008 the Russian-Georgian enacted its own IDP law. Following return of IDPs, support decent living
war made headlines but less attention a visit by Francis Deng, the then- conditions for IDPs and ensure their
is paid to the protracted displacement Representative of the UN Secretary- participation in society. The Strategy
crisis triggered by earlier conflicts General on Internal Displacement, identifies key principles on which to
in 1991-1993 which caused most the law was amended in 2000 to base implementation – including
ethnic Georgians to leave the bring it into line with the Principles. the free and informed choice of
secessionist enclaves of Abkhazia Although the Principles were the displaced, sustainability of
and South Ossetia. officially accepted by the Georgian outcomes and gender equality.2
authorities, advocacy from IDP and
Prior to the recent new wave of civil society organisations was needed New armed conflict has brought new
displacement, the official number to realise the rights they enshrine. realities. The invasion of Georgia
of IDPs in Georgia was 222,616. In 2003 the Norwegian Refugee by Russian forces led, according
Some 45% live in collective centres Council created an education module to the UN Flash Appeal, to an
– former public buildings, such to explain the Principles to local additional 128,700 people forced
as hostels, hotels, hospitals and authorities. In 2003 a ruling from into dependence on humanitarian
schools. Others continue to live the Constitutional Court of Georgia aid.3 The Ministry of Refugees and
with host families, have rented flats established the rights of IDPs to Accommodation (MRA) has worked
or – in rare cases – have managed purchase property without losing closely with UN agencies, bilateral
to buy their own dwellings. their IDP status and entitlement donors, the Red Cross Movement
to return and property restitution. and other actors. All senior MRA
For many years IDPs lived in limbo, IDPs were given the right to vote in officials have been provided with
passively watching the political local and parliamentary elections. copies of the Guiding Principles as
impasse and dependent on the good well as the Brookings-Bern Project’s
will of the Georgian authorities. Lack In December 2005 Walter Kälin – guidance booklet Addressing Internal
of progress in negotiations around Francis Deng’s successor – visited Displacement: A Framework for National
return with the de facto authorities Georgia. Recommendations made Responsibility.4 This has helped ensure
in Abkhazia and South Ossetia made in his mission report1 spurred the the humanitarian response has met
it clear that displaced Georgians Georgian government to develop a internationally recognised standards.
needed the right to integrate. In holistic IDP State Strategy through the The immediate, rapid response
1996 – two years prior to the launch coordinated efforts of state agencies, from government and civil society
of the Guiding Principles – Georgia international organisations and helped prevent any fatalities during
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 17
Reverend
László Lehel,
director of
Hungarian
Interchurch
HIA-ACT International.
Aid, meets
people
displaced by
the conflict
in Georgia,
September
2008.
1. http://daccessdds.un.org/doc/UNDOC/GEN/
displacement and ensure that the 34,000 IDPs in regions affected by G06/120/14/PDF/G0612014.pdf?OpenElement
basic needs of the displaced were met. the August 2008 conflict who have 2. http://www.brookings.edu/projects/idp/Laws-and-
few realistic prospects of return. For Policies/georgia.aspx
The IDP Women Association, together them, the Georgian authorities have 3. http://www.reliefweb.int/rw/rwb.nsf/db900SID/EDIS-
7HMPZ2?OpenDocument
with other civil society organizations, started building some 6,000 new 4. http://www.brookings.edu/projects/idp/20050401_
has played a prominent role in the houses in villages in the Shida Kartli nrframework.aspx
current emergency. They have: region. In the meantime, providing 5. http://www.idpwa.org.ge
adequate shelter during the winter
■ organised volunteers to remains a formidable challenge.
work with newly displaced Life stories of IDPs
people in collective centres As the IDP State Strategy The Internal Displacement
acknowledges, it is essential that all Monitoring Centre (IDMC www.
■ advised the government IDPs – whether from the original internal-displacement.org) with the
on minimum standards of or latest caseloads – should have support of the Panos London’s Oral
humanitarian assistance the opportunity to receive equal Testimony Programme (www.panos.
assistance and durable solutions org.uk/oraltestimony) interviewed
■ assisted the authorities in of their problems. Decisions to IDPs in Georgia and Colombia to
communications with international return, to move to new houses record their personal experiences
humanitarian agencies and donors or to stay temporarily in shelters of forced displacement and what
must be informed and voluntary. it means to be displaced.
■ helped publicise on the
international stage the Iulia Kharashvili (iulia.kharashvili@ IDMC’s IDP Voices website (www.
needs of Georgian IDPs. idpwa.org.ge) is chair of the idpvoices.org) gives access to a
IDP Women Association.5 Ilya wide range of IDPs’ stories and
Russian troops have now withdrawn Kharashvili (ilo123@mail.ru) is a voices in written and audio formats,
from villages to the north, from post-graduate at the Institute of organised by country and by rights
Gori in the east and from some Management of Migration Processes, as stated in the Guiding Principles.
towns in western Georgia, allowing State University of Management, Books published on IDP voices in
substantial numbers of people to Moscow. Koba Subeliani (sxalde@ Colombia (Let It Be Known, published
return. Troops remain, however, in yahoo.com), MP, is coordinator in Spanish and English) and Georgia
Akhalgori district. While it is hoped of the Georgian Parliament’s IDP (Heavy Burden, available in Georgian,
that the presence of European Union Group (and recently appointed Russian and English) can also be
monitors will increase security, the Minister for Refugees and downloaded from this website.
reality is that there are still more than Accommodation of Georgia).
18 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
Regional approaches to incorporating the Guiding Principles
Walter Kälin, the UN Secretary- work with regional organisations regional organisation may
General’s Representative on to develop region-wide, place greater pressure on
the Human Rights of Internally binding conventions. While individual states to actually
Displaced Persons, has – like the negotiations may be more fulfil their commitments.
lengthy, involving as they do a
his predecessor – sought to The best examples to date
number of states, the impact
‘harden’ soft law by encouraging of incorporating the Guiding
may be greater, firstly because
states to develop national several states accede to regional Principles in regional approaches
laws and policies based on conventions at the same time are in Africa, as discussed
the Guiding Principles. A and secondly because being in this article by Brigitta
parallel track has been to subject to the scrutiny of a Jaksa and Jeremy Smith.
Africa: from voluntary
principles to binding standards
Brigitta Jaksa and Jeremy Smith
A continent-wide Convention to protect IDPs in Africa could ■ The Convention, unlike the
soon be adopted by the African Union. If sufficiently robust Principles, directly addresses the
issue of development-induced
and aligned closely with the Guiding Principles, it would send displacement. However, the
a powerful signal about Africa’s determination to address vagueness of a caveat saying
IDP issues. that this applies only to “large-
scale” development could allow
With as many IDPs in Africa – 12 narrow, focusing only on “ethnic, states to avoid responsibilities.
million – as in the rest of the world racial or religious” factors, The Convention says nothing
put together, African states have rather than mirroring Guiding about public and parliamentary
already shown leadership in the Principle 4 which outlaws scrutiny of projects likely
area of IDP protection. Signed in discrimination of any kind. to cause displacement.
2006, the Great Lakes Protocol
on the Protection and Assistance ■ The Convention lacks the ■ Various articles dealing with
to Internally Displaced Persons1 positive assertion of Guiding states’ responsibilities to provide
obliges signatory states to adopt and Principle 1 that IDPs “shall protection and humanitarian
implement the Guiding Principles. enjoy …the same rights and assistance – or to enable others
The decision by African Union freedoms under international to provide it – create unease:
(AU) ministers in 2006 to initiate and domestic law as do other for each clause strongly laying
a process to develop a continent- persons in their country.” At most, out standards, another clause
wide framework on the rights of it creates a negative obligation potentially undermines the
IDPs raises the prospect of binding on states to “prevent political, point being made. For example:
standards for Africa as a whole. social, cultural and economic the Convention requires states
The Convention for the Prevention exclusion and marginalization, to acknowledge the neutrality,
of Internal Displacement and the likely to cause displacement.” impartiality and independence
Protection of and Assistance to ■ Language about “simplified of humanitarian actors but,
Internally Displaced Persons in procedures” to restore property worryingly, gives states “the
Africa is expected to be approved to IDPs is vague and may right to prescribe the technical
at a Special Summit of the AU not empower IDP women to arrangements” concerning
in Uganda in April 2009 recover property in cases where humanitarian access; a clause
they lack the right to inherit gives international agencies only
The draft Convention is broadly what is considered solely a limited role in assessment of
based on the Guiding Principles. their husband’s property. needs and vulnerabilities, meaning
IDP advocates welcome it but that a state could choose to decide
have a number of reservations. ■ The Convention itemises rules that IDPs’ needs are being met,
of behaviour for non-state whatever the actual situation
■ The opening clause requiring armed actors but, by definition, they face; references to situations
states to refrain from and such non-state actors cannot when states are unable to protect
prevent discrimination is too be party to the Convention. and assist IDPs sometimes
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 19
indicate that states “shall” seek A potential means of ensuring could be on the cusp of forming
international assistance and compliance is the African Court the core of the world’s first
sometimes merely that they of Justice and Human Rights – an international legal instrument
“may”; and the inclusion of a institution intended to be the for the protection of IDPs.
condition that outside assistance “principal judicial organ of the
would be sought when “maximum [African] Union” but which is not Brigitta Jaksa (brigi@idpaction.org)
available [state] resources are yet functional. According to the is Legal Advisor and Jeremy Smith
inadequate” is unhelpful, since it protocol establishing it, the Court (jeremy@idpaction.org) is Director
creates a mechanism by which a has jurisdiction over not only of Organisational Strategy at IDP
state can prevent such assistance, provisions of the African Charter Action (www.idpaction.org), a
even in cases where it has no on Human and Peoples’ Rights2 UK-based agency campaigning for
intention of providing it itself. but also any other relevant human the rights of African IDPs. The full
rights instruments ratified by the version of this article is available
■ Language about monitoring states concerned. This means that if at the organisation’s website.
compliance is vague. The draft a state has ratified the Protocol, the
1. The Protocol, part of the Pact on Security, Stability and
envisages the establishment of a Court would in theory be able to Development in the Great Lakes Region, was signed by
Conference of States Parties for consider issues of a state’s compliance 11 states, including Sudan, Uganda and the Democratic
Republic of Congo, between them home to nearly two-
the purposes of monitoring and with the IDPs Convention. thirds of Africa’s IDPs. http://www.brookings.edu/fp/
projects/idp/GreatLakes_IDPprotocol.pdf
reviewing implementation but
2. http://www.achpr.org/english/_info/charter_en.html
does not specify its functions or Should these reservations be
clarify reporting mechanisms. addressed, the Guiding Principles
Can the Guiding Principles
make a difference in Kenya?
Jacqueline Klopp and Nuur Mohamud Sheekh
Kenya has signed the Regional Pact on Security, Stability as a result of lack of consultation
and Development in the Great Lakes Region1 which includes the government failed to recognise
the substantial category of people
legally binding IDP protection protocols based substantially unable or unwilling to return home.
on the Guiding Principles. Potentially, advocates could use
the Pact to enhance efforts to assist those still displaced as In May 2008, the government
a result of violence following elections in December 2007. launched Operation Rudi Nyumbani
(Operation Return Home). To put
Prior to the most recent bout of displacements in 1992, 1997 and 2002, pressure on IDPs, essential services
violence in Kenya, small steps were the Commission of Inquiry into Post- such as water were cut off – in clear
being made in pushing the Kenyan Election Violence described internal violation of the Guiding Principles.
government to address long-standing displacement as a “permanent Sums of 10,000 Kenya shillings
internal displacement issues. A Task feature” in Kenya’s history.3 (approximately $127) were offered
Force on Resettlement was set up to those who agreed to go back
and allocated some 1.3 billion Kenya The National Accord and home. IDP associations raised a
shillings (approximately US $16.5 Reconciliation Agreement signed number of concerns about Rudi
million2) in the 2007-08 financial year on 28 February 2008 prioritised Nyumbani, noting the lack of:
to buy land on which to resettle the dealing with the displacement
displaced. While there were serious crisis, mandated an investigation ■ compensation or business
problems with how the task force and into the post-election violence that support loans
resettlement money were handled, caused mass displacement and put
it was a step forward. Ratification together a team to forge a National ■ preparations for security and
of the Pact signified acceptance of Reconciliation and Emergency Social reconciliation in places of return
the Principles as a framework for and Economic Recovery Strategy.
dealing with internal displacement. Determined to encourage rapid and ■ planning for those who did not
premature return, the government wish to return or had no access
Some 600,000 people were displaced announced its intention to close to land
and around 1,500 killed after the IDP camps situated in stadia and
election on 27 December 2007. Many public showgrounds by June 2008. ■ provision for vulnerable groups
of these people had been displaced However, IDPs were not adequately such as HIV/AIDs patients
on previous occasions. Chronicling profiled or disaggregated into and displaced children in
previous politically induced categories according to needs and foster families and in school
20 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
■ communication with IDPs 10,000 Kenya shillings return grants of the need to embed the Great
about the programme, leaving were, at times, given to perpetrators Lakes Pact into the constitution.
them with no information of violence. Rudi Nyumbani has
about their entitlements. been narrowly focused on the While Kenya has a relatively well-
Rift Valley, while other places organised National IDP Network
While some IDPs successfully like northern Kenya continue to and an active civil society, few
returned home, many others suffer massive displacements with organisations focus on IDP issues and
decided not to return to places little recognition or assistance. engage in outreach to policymakers.
where tensions were still high. The UN, donors and regional
The Kenyan government claims The way forward bodies could do more to stress the
that over 90% of IDPs have been It was unfortunate that, just as Principles in their interaction with
resettled but it is estimated that up Kenya seemed to be moving the government and to encourage
to 220,000 IDPs were still in camps towards official endorsement of greater public discussion. Capacity
in September 2008.4 Many IDPs have the Guiding Principles, electoral building, especially for IDP-focused
ended up in urban slums without violence led to such massive new civil society organisations, is essential.
any formal support. Community- displacement. Without the Principles,
based organisations and already however, things would have been It is important to challenge the
poor community members are worse. Training and workshops prevailing view among Kenyan
absorbing the cost of assisting have led to wider awareness of the policymakers that displacement
issues fall within the realm
of humanitarian relief.
Over many years this has
meant that as episodes of
violence and displacement
give way to reconstruction
the government is left
to manage IDP issues.
What is urgently needed
is sustained policy
focus on assisting and
reintegrating the displaced
through strategic redress,
reconciliation and
reconstruction initiatives.
If displacement is to stop
being a recurring theme
of Kenyan history, the
Guiding Principles, along
with the voices of the IDPs
themselves, must structure
Bernard Thomas Barrett
and guide this process.
Jacqueline Klopp
(jk2002@columbia.
edu) is an Assistant
Professor of International
and Public Affairs
Displaced largely neglected displaced people. Principles and the government does at Columbia University. Nuur
families
prepare
claim that its policies are based on Mohamud Sheekh (nuur.sheekh@
meals, The Kenyan National Commission recognition of them. Media and nrc.ch) is a Country Analyst with
Elburgon on Human Rights has argued that civil society are increasingly aware the NRC’s Internal Displacement
Primary Monitoring Centre (http://www.
implementation of Rudi Nyumbani of the Principles and using them to
School,
near Molo involved violations of the Guiding hold the government to account. internal-displacement.org).
in Kenya, Principles as IDPs were not consulted
1. http://www.internal-displacement.
January on resettlement options.5 UNICEF Yet clearly much more needs to be org/8025708F004CFA06/(httpKeyDocumentsByCategory)/
2008.
and the Child Welfare Society of done. One of the recommendations EDBDB590CC1BF1FEC1257248002EC747/$file/Great%20
Lakes%20pact_en.pdf
Kenya have noted the rise of child- of the Commission on Post-election 2. Exchange rate as of November 2008.
headed households in urban centres Violence is that the government 3. Commission of Inquiry into Post Election Violence,
as parents fear for their safety in should create a clear national IDP p271. http://wikileaks.org/leak/wakireport-2008.pdf
places of return or abandon them policy that includes the Guiding 4. http://www.nation.co.ke/News/-/1056/474336/-/
tkv656/-/index.html
out of desperation at being unable Principles as a legal framework. 5. http://www.irinnews.org/report.aspx?ReportID=80948
to take care of them.6 The incoherent This would be in line with Kenya’s and http://allafrica.com/stories/200810290041.html
application of Rudi Nyumbani obligations under the Regional Pact. 6. http://www.unicef.org/infobycountry/kenya_45641.
html and http://www.irinnews.org/report.
lent credence to charges of ethnic It is also important to raise awareness aspx?ReportID=80267
favouritism and allegations that the among Kenyan parliamentarians
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 21
Uganda’s response to
displacement: contrasting
policy and practice
Ruth Mukwana and Katinka Ridderbos
An often overlooked aspect of northern Uganda’s protracted decentralisation reforms did not give
conflict is that the main driver of displacement was the lower tiers of government sufficient
resources. Little allowance was made
Ugandan government’s decision to force civilians into for the fact that local government was
‘protected villages’. Peace may be in sight but more must in tatters. Local governments came
be done to make a reality of Uganda’s mould-breaking under further pressure as a result
national IDP policy. of the large influx of humanitarian
actors and the subsequent decision
Conflict between the Ugandan Uganda’s National Policy for by the Inter Agency Standing
government and the Lord’s IDPs was adopted in 2004, Committee (IASC) – the main
Resistance Army (LRA) has following a visit by Francis Deng, humanitarian coordination
displaced an estimated 1.8 million former Representative of the mechanism1 – to make Uganda a pilot
people. The government argued Secretary-General on Internal country for the implementation of the
that it had to separate civilians Displacement. Uganda became cluster approach.2 Many go-it-alone
from insurgents in order to reduce one of the first countries to adopt international actors failed to consult
the LRA’s ability to recruit civilian a national policy derived from with local authorities. The roll-out of
collaborators and in 2002 the the Guiding Principles, which: the cluster approach set up parallel
displacement crisis worsened when structures for the coordination
the Ugandan army, in the course ■ holistically addresses protection of humanitarian activities. Local
of an offensive against the LRA against displacement, during governments were sidelined as
(Operation Iron Fist), ordered all displacement and during return, the international community did
civilians remaining in ‘abandoned resettlement and integration little to build government capacity.
villages’ to move to ‘protected There was lack of communication
villages’, i.e. government camps. ■ states that IDPs “have the right between national and local
to request and receive protection authorities, little consultation
Forced encampment dramatically and humanitarian assistance from with IDPs and failure to allocate
increased vulnerability. Repeated national and district authorities” resources to implement the policy.
LRA attacks succeeded because
soldiers were often garrisoned in ■ gives IDPs “the right not to be After protracted negotiations
the middle of IDP camps, rather discriminated against in the brokered by the newly established
than on the outside as intended. fulfilment of any rights and Government of Southern Sudan, the
When the LRA attacked a camp, freedoms on the grounds that Ugandan government and the LRA
the solidiers’ base would be the last they are internally displaced” agreed to a ceasefire in 2006. While
point reached by the LRA – meaning the LRA has yet to be persuaded
that the IDPs themselves bore the ■ urges action to enable IDPs to to sign a final peace agreement
brunt of the fighting. The failure attain the same educational – in part due to the International
of the ‘protected villages’ policy standards as other Ugandans Criminal Court’s indictment of LRA
and the appalling humanitarian leaders – the security situation in
conditions in the camps entrenched ■ highlights the importance of northern Uganda has improved,
the feeling of the Acholi people consulting IDPs, especially allowing hundreds of thousands
– the main victims of the LRA as displaced women and youth of IDPs to leave the camps. There
well as suppliers of its cadres – that is much talk about the transition
they were politically and socially ■ has been translated into from humanitarian emergency relief
marginalised. In 2003 lack of three local languages – to recovery and development but
national and international response Acholi, Ateso and Lango there is confusion about the roles
to the massive humanitarian and responsibilities of national and
needs in Uganda’s IDP camps led ■ represents a commitment by the local governments, UN agencies,
the then UN Emergency Relief government and an endorsed set donors and NGOs.3 The multiple
Coordinator (ERC), Jan Egeland, to of standards to which actors can coordination mechanisms created
describe the humanitarian crisis in hold the government accountable. in the earlier phase of the crisis
northern Uganda as the “biggest must be streamlined to allow
forgotten, neglected humanitarian Implementation of the IDP Policy handover of responsibilities
emergency in the world today.” got off to a slow start. Rushed to national authorities.
22 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
Paul Jeffrey/Action by Churches Together
A displaced
girl cares
for her
younger
sibling in
an IDP
camp in
northern
Uganda.
With the benefit of hindsight, it would find sustainable solutions for the all, the government should tackle
have been better for the international displaced. While the government has the root causes of the conflict
community, having encouraged begun a process of closing down IDP and allocate more resources to
Uganda to develop a national IDP camps, it needs to take measures that implement its innovative IDP policy.
policy, to strengthen and support will enable IDPs to make voluntary
government bodies. This might have and informed decisions on whether Ruth Mukwana (mukwana@un.org)
encouraged a longer-term perspective to return, integrate or resettle. is a Humanitarian Affairs Officer
and helped prepare local authorities (Protection) with the Displacement
to assume responsibilities given In 2005 the Brookings-Bern Project and Protection Support Section of
them by the National IDP Policy. on Internal Displacement convened the Office for the Coordination of
a workshop in Kampala – hosted Humanitarian Affairs (OCHA-DPSS
Huge efforts are required to by the Ugandan government – to http://ochaonline.un.org). Katinka
guarantee durable solutions to IDPs identify the challenges to the Ridderbos (katinka.ridderbos@
and all those affected by conflict. implementation of Uganda’s nrc.ch) is a Country Analyst
Failure to address the root causes of IDP policy and work towards for the Internal Displacement
the conflict and to conclude a final practical solutions. The workshop’s Monitoring Centre (www.
peace agreement with the LRA – one recommendation are still valid.4 The internal-displacement.org).
of the key conditions for the return Ugandan government must facilitate 1. http://www.humanitarianinfo.org/iasc
of many IDPs – would attest to the IDP returns by removing landmines, 2. See FMR 20, http://www.fmreview.org/
government’s failure to prevent increasing police presence in return humanitarianreform.htm
3. Oxfam, ‘From Emergency to Recovery: Rescuing
displacement and create conditions areas, building infrastructure, northern Uganda’s transition’, September 2008. http://
conducive for durable solutions. making social services available and www.oxfam.org/files/bp118-uganda-from-emergency-
to-recovery.pdf
establishing judicial mechanisms
4. Joy Miller, ‘Uganda’s IDP Policy’, FMR 27, January
The peace process has created an to address criminal offences and 2007. http://www.fmreview.org/FMRpdfs/FMR27/53.
opportunity for the government to land and property disputes. Above pdf
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 23
Guiding Principle 29 and the
right to restitution
Rhodri C Williams
The emergence of a right to post-displacement property However, the acceptance of restitution
restitution represents a significant development in human in principle has raised new challenges
in practice. The last decade has seen
rights law in the ten years since the Guiding Principles were few examples of unambiguously
submitted. While Guiding Principle 29 has contributed to successful restitution programmes,
the development of this right, significant obstacles remain leaving Bosnia to represent as much
to its consistent application in displacement settings. an aberration as a precedent. This
failure in implementation results in
part from politics. Land and property
origin” and to “have restored to are inherently valuable assets,
Principle 29(2) states that: them property of which they were and local and national authorities
“Competent authorities have the deprived.” The next five years saw may resist their recovery by IDPs.
duty and responsibility to assist a methodical push to restore the In frozen conflicts, restitution is
returned and/or resettled internally property rights of Bosnia’s displaced, usually impossible. Thus, while the
displaced persons to recover, to the resulting in the restitution of some Security Council has issued a strong
extent possible, their property and 200,000 homes, the return of up to statement in favour of restitution
possessions which they left behind a million people and the first real with regard to breakaway regions
or were dispossessed of upon their precedent for large-scale post-conflict in Georgia,4 the recent incursion by
displacement. When recovery of property restitution as of right. Russia has greatly complicated the
such property and possessions is not chances that it will be respected.
possible, competent authorities shall The Bosnia experience helped shape
provide or assist these persons in such important developments as the Where political will exists, restitution
obtaining appropriate compensation 2006 adoption by the UN General programmes may demand a level
or another form of just reparation.” Assembly of ‘Basic Principles of resources and legal capacity
and Guidelines’ affirming rights that many countries do not enjoy.
to substantive remedies such In countries such as Afghanistan,
At the time that the Guiding as restitution in addition to fair where landlessness was widespread
Principles were drawn up, the right of hearings.1 The most specific support prior to displacement, or Burundi,
IDPs to reclaim abandoned property for a post-displacement right where the population has nearly
was not beyond dispute. Human to restitution came in 2005 with outstripped the available supply of
rights law guaranteed a ‘right of release of the Pinheiro Principles,2 land, restitution proposals should
return’ but it was limited to restoring which confirmed restitution “as the accommodate the imperative of
people to the frontiers of their country preferred remedy for displacement” securing equitable access to land
of origin – a destination often far from and a “distinct right … prejudiced for the population as a whole.
their actual homes. Likewise, the right neither by the return or non-return”
to legal remedies for violations such of those entitled to it. Like the A further significant challenge to
as property confiscation was defined Guiding Principles, the Pinheiro restitution efforts is the need to
as a procedural entitlement to a fair Principles set out to reflect accepted integrate customary tenure systems.
hearing, without pre-judging whether principles of international law In many countries, indigenous
any specific substantive remedy and have helped fill an important or tribal groups hold land in
such as restitution should result. gap for countries serious about accordance with unwritten rules.
addressing displacement. While traditional systems should be
Accordingly, while the drafters of respected, lack of state recognition
the Guiding Principles were aware The UN General Assembly and and formal documentation often
that durable solutions for IDPs were Security Council have moved towards complicate restitution claims.
inconceivable without the possibility recognition of a right to restitution Customary systems are often non-
of restitution and voluntary return, and the Secretary-General has transparent or even discriminatory,
prevailing legal understandings called for a more effective response complicating efforts to ensure
necessitated a formulation focusing to post-conflict property issues.3 that respect for collectively held
on state duties rather than individual Restitution has also emerged as an customary rights does not harm
rights. However, important progress increasingly standard component of individuals. This tension is reflected
on the ground came as a result of conflict resolution, whether directly in the Great Lakes Pact’s Protocol on
the 1995 Dayton Peace Accords, through peace agreements, as in the Property Rights of Returnees,5
which ended the war in Bosnia and Darfur and Nepal, or through ad which affirms the right of women to
included rights for displaced persons hoc mechanisms in Afghanistan, own property without discrimination
“freely to return to their homes of Burundi, Kosovo and Turkey. as well as the rights of rural and
24 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
pastoral communities to special in the wake of all displacement. Displaced Persons: A Manual
protection of their property but fails The promise of Principle 29(2) has for Law and Policy-Makers
to provide clear guidance where yet to be completely fulfilled but while working as a consultant
traditional inheritance systems it is encouraging that a rule that for the Brookings-Bern Project.
discriminate against women. was once judged to be ambitious
1. http://www2.ohchr.org/english/law/remedy.htm
is fast becoming a routine part of 2. http://www.cohre.org/store/attachments/Pinheiro%20
These complications notwithstanding, the response to displacement. Principles.pdf
a great deal has been achieved. 3. See ‘Report of the Secretary-General on the protection
of civilians in armed conflict’,October 2007
Ambitious restitution plans are Rhodri C. Williams (rcw200@
http://www.un.org/Docs/journal/asp/
under discussion for Colombia yahoo.com) coordinated monitoring ws.asp?m=s/2007/643
and Iraq. Experience of the 2004 of property restitution in Bosnia 4. http://www.un.org/News/Press/docs/2007/sc9142.
doc.htm
tsunami and other natural disasters with the Organization for Security
5. http://www.brookings.edu/fp/projects/idp/GreatLakes_
has led to increased awareness that Cooperation in Europe (OSCE). IDP protocol.pdf
property rights must be respected He drafted Protecting Internally
Obstacles to realising Guiding
Principle 29 in Afghanistan
Megan Bradley
Restoring property to displaced Afghans is a formidable possible, competent authorities shall
challenge. Given the prevalence of landlessness, overlapping provide or assist these persons in
obtaining appropriate compensation
claims and inequitable property distribution, focusing or another form of just reparation.”
solely on restoring land to its ‘original owners’ is unlikely to
meet the needs of IDPs, returnees and their neighbours. Making a reality of this aspiration
in Afghanistan is complicated by
Principle 29 asserts that: “Competent possible, their property and complex patterns of displacement.
authorities have the duty and possessions which they left behind In addition to 130,000 IDPs in
responsibility to assist returned and/ or were dispossessed of upon their ‘protracted’ displacement in the south
or resettled internally displaced displacement. When recovery of and southwest, unknown numbers
persons to recover, to the extent such property and possessions is not have been displaced in recent years
due to conflict,
human rights
violations, floods
and droughts.
The five million
refugees who have
returned from
Pakistan and Iran1
face a heightened
risk of internal
displacement, as
they often lack
the resources and
power necessary to
reclaim property,
or simply have
nothing to claim
and nowhere to go.
Competition for
land is intense in a
IRIN/Manoocher Deghati
country with a high
birth rate where
only 12% of land
IDP camp, is arable. Decades
Kabul, of conflict and
Afghanistan,
June 2008
displacement have
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 25
produced murky, overlapping claims jeopardising the search for durable in the south, it is essential to redouble
as successive governments adopted returns and sustainable peace. The efforts to tackle the land problem,
different land policies, often with the international community’s ‘light for land disputes continue to trigger
goal of rewarding their supporters. footprint’ approach in Afghanistan further conflict and displacement.
Powerful elites have capitalised on means that, in contrast with Progress in upholding Guiding
the chaos to claim vast swathes of restitution processes in countries Principle 29 is key to preventing
land. Afghanistan’s land registration such as Bosnia, there has been little further internal displacement. The
system is largely dysfunctional. support to build local capacity. failure of the Special Court underlines
Many people lack documentation A Special Property Disputes the importance of abandoning one-
to back up their claims, while Resolution Court was set up but soon size-fits-all approaches to redressing
in other cases multiple people collapsed due to lack of support, displaced persons’ land claims and
hold documents attesting to their inadequate enforcement capacity, instead crafting practical strategies
ownership of the same piece of land. inaccessibility and corruption. that respond to local challenges.
The courts cannot be relied upon Until the Afghan government is
to resolve disputes fairly because In the absence of formal efforts to stronger, creating new institutions
of lack of resources and training, uphold displaced persons’ rights, will not be the answer. More effort
and widespread corruption. When IDPs and returnees largely rely on is needed to explore how customary
authorities do issue fair decisions, traditional decision-making and justice mechanisms might uphold
these are often not enforced, as law adjudication mechanisms such displaced persons’ remedial rights,
enforcement is extremely limited and as shura and jirga to resolve their as recognised in Principle 29,
impunity widespread. Claimants claims. In theory their decisions without fatally compromising other
often resort to violence in order to are based on sharia law but men rights, such as the equal treatment
settle disputes, perpetuating the cycle who participate in them also follow of women, that are recognised
of displacement and grievance. customary laws which may be more elsewhere in the Guiding Principles.
conservative, particularly regarding
Principle 29 is reflected in the women’s rights. Troubling as this is, Megan Bradley (megan.bradley@sant.
2001 Decree on Dignified Return,2 working with the shura and jirga is ox.ac.uk) is a doctoral candidate in
which states that all moveable and essential to implementing Guiding international relations at St Antony’s
immovable property shall be restored Principle 29 in Afghanistan, even College, University of Oxford.
to its rightful owner. Similarly, the to a limited extent, as these bodies
1. http://www.unhcr.org/afghan.html
Afghan National Development enjoy local legitimacy, issue prompt 2. http://www.unhcr.org/cgi-bin/texis/vtx/home/opendoc.
Strategy3 “supports the right of all decisions and are less corrupt and pdf?tbl=SUBSITES&id=3f5d990c4
Afghans to return to their homes, more accessible than formal courts.4 3. http://www.ands.gov.af
[and] repossess property”. Despite 4. Innovative Norwegian Refugee Council legal aid
programmes have helped scores of IDPs to use shura and
these declarations, there are a massive While greater stability is a pre- jirga to recover their property. See http://www.nrc.no/.
number of unresolved land claims requisite for addressing land disputes
Guiding Principle 23 about safety and transportation problems because there is
no school nearby: “Our children have to walk more than 6 km
or have to hire an auto. We don’t have enough bus services.
Every human being has the right to education … To give effect
Because of that our girls can’t continue their education.”
to this right for internally displaced persons, the authorities
concerned shall ensure that such persons, in particular In Juba, southern Sudan, parents lament that “Some go
displaced children, receive education which shall be free to school, whose parents can afford, but most cannot.”
and compulsory at the primary level. Education should Other barriers to schooling include damaged school
respect their cultural identity, language and religion. buildings and supplies, untrained teachers, unfamiliar
languages, loss of necessary documents for entry to
Most IDPs consider education an essential factor in their
school, and inability to meet residency requirements.
children’s development. “I don’t need wealth but I do want
education – I want there to be a future for our children,” In several countries IDPs report discrimination against
asserts a Ugandan IDP. In Peru, some IDPs will not return their children. In Sudan, southern Sudanese IDPs
home because of a lack of schools in areas of return, while complain of religious and racial discrimination. A young
in Mozambique returning IDPs left their children behind IDP man who had gone to school in Khartoum says that
temporarily so they could continue their education. Schooling is “We learned Islamic doctrines in Khartoum by force.”
seen also as a means of normalising their children’s life and as A boy in Colombia had been told by his teacher: “No
a security measure, providing safety against sexual exploitation, wonder you are so stupid – you are a displaced.”
military recruitment and being preyed upon by criminal gangs.
Interviews carried out by the Brookings-Bern Project on
Yet IDP parents in Georgia and Colombia point to lack of school Internal Displacement. See Brookings-Bern Project
supplies, proper clothing and shoes as factors preventing report ‘Listening to the Voices of the Displaced:
their children from attending school, while in Indonesia high Lesson Learned’ at http://www.brookings.edu/
tuition fees pose problems. In Sri Lanka, parents complain reports/2008/09_internal_displacement_cohen.aspx
26 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
Seeking electoral equality for
IDP voters
Jeremy Grace and Jeff Fischer
Guiding Principle 22 affirms IDPs’ “right to vote and to need not undermine the transparency
participate in governmental and public affairs, including of the electoral process or threaten
IDPs’ security or humanitarian needs.
the right to have access to the means necessary to exercise In countries from Georgia to Sri Lanka
this right.” Despite the clarity of this language, there is no to Nepal, national authorities have
set of universally accepted policies and practices protecting amended electoral legislation that
IDP voting rights. specifically discriminated against
IDP voting rights. Programmes have
IDPs are protected by the full The reasons for this discrimination been supplemented by engagement
spectrum of constitutional vary. In some situations, the logistics of human rights and protection actors
protections and applicable human and cost of IDP voting programmes in enhancing the capacity of national
rights law, including provisions may appear to be beyond the means authorities, support agencies and
designed to ensure the right to of election organisers, as was the case civil society organisations seeking
to protect IDP voting rights.
Recent initiatives include:
■ the sustained focus on IDP
voting rights in mission reports,
statements and initiatives of
the Representative of the UN
Secretary-General on the Human
Rights of Internally Displaced
Persons. See, for example, recent
reports from Colombia and Nepal.1
■ increased attention to
displacement issues in the election
monitoring reports of various
intergovernmental organisations,
Brett Lacy
such as the European Commission
and the Organization for Security
and Cooperation in Europe
IDPs queue participate in the political affairs of during the 2005 Liberian elections ■ inclusion of chapters on IDP voting
outside a
their state on a non-discriminatory where IDP participation was possible rights in the Global Protection
makeshift
polling centre basis. National governments but limited. This kind of segmentation Cluster Working Group’s 2007
to vote in have a clear responsibility to take produces different classes of voters, Handbook for the Protection of
Liberia’s measures necessary to meet these some of whom have enhanced access Internally Displaced Persons and
August 2005
presidential obligations on behalf of IDPs. to the electoral process. Such an Protection of Conflict-Induced
and inequality is clearly in violation of IDPs: Assessment for Action2
legislative However, national authorities and human rights practices. In other cases
elections
in Margibi the international community have – including the recent Zimbabwe ■ increasing resources for voter and
County. sometimes tolerated blatantly election – disenfranchisement civic education programming
discriminatory limitations on the is intentional, and technical and in IDP communities by
voting rights of IDPs. In some cases, logistical constraints can serve as inter-governmental and non-
these deviations from international pretexts to exclude segments of the governmental organisations
election standards include outright electorate for political reasons.
disenfranchisement, either through ■ research, technical assistance and
onerous residency and documentation Since the development of the Guiding development of best practices and
requirements or insufficient Principles, an emerging body of guidelines for organising displaced
electoral and registration facilities. precedents and programmes to voting programmes conducted
Other common obstacles include include IDPs in electoral processes by the International Organization
a lack of adequate information demonstrates that IDP voting for Migration under the Political
about electoral processes and programmes can be cost-effective and Rights and Enfranchisement
failure to provide security. technically feasible. IDP participation Strengthening Project.3
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 27
What still needs to be done? in scenario planning, identify profile of democracy support agencies
IDP political participation remains resources and develop mechanisms and humanitarian groups, and
to accommodate IDPs’ unique needs. the increasing lead taken by IDPs
inconsistent and work is needed to
Consultations should also include themselves, it has become much more
articulate a clear set of IDP-specific
representatives of international difficult to discriminate against IDPs
standards on the human rights,
humanitarian agencies, as well as in the design and administration of
operational and security issues
relevant ministries (such as the police, elections. However, since IDP voting
associated with elections. Clear
census bureaus or social welfare programmes relate to the mandates
guidance, based upon existing
agencies). Donors need to ensure of a wide variety of international
human rights commitments, is
that post-conflict governments build agencies and national authorities,
needed regarding: guaranteeing the
capacity to transparently conduct it is sometimes difficult to sustain
right to participate; determining
elections and to provide funds for attention. The development of a
eligibility criteria and documentation
civil society monitoring groups. clear, concise and widely accepted
requirements; determining
residency requirements; providing set of standards, combined with the
Once registration and electoral
absentee balloting; protecting IDP identification of a single institutional
processes are underway, donors and
security during elections; ensuring home for IDP voting issues, would
international electoral assistance
that humanitarian assistance help the international community
agencies should support programmes
and/or property claims are not better support national authorities
aimed at strengthening IDP
linked to registration or voting; to implement electoral programmes
communities’ ability to participate
and providing election-related that conform to fundamental
and should remind governments of
information. In each of these areas, human rights obligations.
their obligations to protect the voting
the fundamental principles of non- rights of all citizens. International Jeremy Grace (jeremygrace@yahoo.
discrimination must be respected. observer missions should identify the com) and Jeff Fischer (fischerjeff@
extent to which displacement issues comcast.net) are consultants in
International mediators should figure in the political calculations
pressure national authorities to electoral design, organisation
of competing parties and how and management. They have both
guarantee IDP voting rights directly discrimination may be embedded
in peace agreements, national worked in the field as election
in electoral code or procedure,
electoral laws and IDP policies. support professionals and as
and ensure that field observers
Once an electoral timeline has been coordinators of the IOM project on
understand what to look out for.
developed, national authorities voting rights and forced migrants.
should work to include IDP-specific The Guiding Principles have helped 1. http://www2.ohchr.org/english/issues/idp/visits.htm
provisions in electoral law. Planning to focus attention on the issue of IDP 2. http://www.internal-displacement.
for IDP voting requires pro-active political rights. Through the strong org/8025747B0037BAC5/(httpResources)/2D90D9C79
8E63959C12574A6004FA218/$file/IDP_handbook.pdf
measures by election management commitment of Representative of (provisional release)
bodies to consult with IDPs, engage the Secretary-General, the growing 3. http://www.geneseo.edu/~iompress
Time to apply the
Guiding Principles in Nepal
Shiva K Dhungana
While Nepal’s new Maoist-led government drags its heels peace accords in 2006 allowed some
in implementing the country’s national policy on IDPs, the to return home, the UN estimated
there were still 50-70,000 conflict-
needs of those displaced by conflict continue to go unmet. induced IDPs in December 2007.
Despite the fact that many Nepalis acknowledged the problem but However, the government has only
had been displaced by natural defined IDPs solely as those registered 35,000 IDPs. Generalised
disasters and development projects, victimised by the Maoist rebels. fear and distrust that return is a safe
the issues of protection and To the dismay of civil society, the option, limited livelihood options,
promotion of IDP rights were not government thus denied IDP status lack of clear government strategies
taken seriously until the advent of – and access to relief packages – to and insecurity of land tenure
the Maoist insurgency in the late those displaced by state brutality. deter comprehensive return. The
1990s. As conflict intensified, the Comprehensive Peace Accord signed
international community drew There is no accurate data on the between the government and the
attention to the protection and number of Nepali IDPs or those Communist Party of Nepal (Maoist)
assistance needs of victims of forced who have fled to India to escape in November 2006 incorporated an
displacement. Under pressure conflict and poverty. At the height article ensuring the “right to return”
from the international community, of the conflict there were up to of every individual displaced as a
the government grudgingly 200,000 IDPs. While the signing of result of the armed conflict but the
28 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
IDP issue has, nevertheless, remained endorse the Directives, implement ■ ensure cooperation between the
on the periphery of the peace process. the IDP policy and build local- Ministry of Home Affairs and
level government-civil society the MoPR to establish district-
As a result of momentum following mechanisms to facilitate IDP return, level support mechanisms in
the visit in 2005 of Walter Kälin, the reintegration and reconciliation. rural areas where the MoPR
Representative of the UN Secretary- has no functional capacity
General on the Human Rights of It is unfortunate that government
Internally Displaced Persons, the efforts are mostly focused on ■ coordinate with civil society
government committed themselves to ‘return’ without any programmes and international organisations
developing an IDP policy. This policy for community-level reconciliation. to identify genuine IDPs, assist
– endorsed in April 2007 and known In the absence of directives, no them and initiate community-
as the ‘National Policies on IDPs, 2007’ deregistration system is in place so level reconciliation mechanisms
– defined an IDP as “a person who is the scale of IDP return cannot be
living somewhere else in the country determined. Government assistance ■ launch a nationwide advocacy
after having been forced to flee or has focused on return to places campaign to ensure the
leave one’s home or place of habitual of origin. effective return, rehabilitation
residence due to armed conflict or and reintegration of IDPs
situation of violence or gross violation The authorities need to: in their place of choice.
of human rights or natural disaster or
human-made disaster and situation ■ speedily approve the Shiva K Dhungana (skdhungana@
or with an intention of avoiding Procedural Directives gmail.com) is a Kathmandu-
the effects of such situations.” For ■ provide relocation assistance to based researcher.
the first time, the government thus those who cannot, or choose not to, 1. http://www.nhrcnepal.org/publication/doc/books/
incorporated the Principles into a return to former places of residence SP_2008-10.pdf
local policy document. The new 2. http://www.irinnews.org/Report.
policy shifts responsibility for IDP ■ adopt a holistic approach aspx?ReportId=81302
issues to the Ministry of Peace and towards IDPs
Reconstruction (MoPR) which has
formulated Procedural Directives
to actualise the new policy.
Unfortunately, the directives have still
Guiding Principle 24
not been approved by the cabinet.
The authorities are dragging their All humanitarian assistance shall be carried out in accordance with the principles of
heels, oblivious to the potential threat humanity and impartiality and without discrimination.
which unresolved IDP problems pose
to the peace process. The National The criteria for eligibility to receive emergency aid can be highly politicised.
Human Rights Commission has For example, IDPs in Colombia complain that to be considered eligible for aid
formulated a strategic plan which as an IDP, it is easiest to claim to have been displaced by insurgent groups.
calls for “establishment of the truth If they say they have been displaced by government security forces, the
about disappearance, IDPs and authorities reply that “law enforcement does not cause displacement.”
victims of conflict”.1 However, the
Commission has failed to realise the Colombian IDPs also point to what they describe as incomplete aid (such as medical
need to protect the rights of people consultations without medications or clinical tests) and uncoordinated aid (for
displaced as a result of development example, land without provision for housing, or education without providing food and
projects and natural disasters. The
nutrition at schools). The overall result is that many IDPs remain in extreme need.
size of this population may now
exceed those of conflict-affected IDPs.
Discrimination is given as another way in which access to emergency aid can
be obstructed. Southern Sudanese IDPs in the north say that “Assistance was
Government bureaucrats and the
provided but for Muslims only and not for non-Muslims.” Others complain that
general public remain generally
because they are “black people” they are denied aid. “We were settled in a desert
ignorant both about the Principles and
the IDP policy. Local officials do not where there was no water or trees. As time passed, the government saw that
give serious attention to IDP issues. we were suffering … and decided to let the NGOs provide us with small services,
IRIN reports that displaced families like some water and food. But this was not enough to meet our needs.”
feel increasingly neglected since the
Maoist-led coalition government Elderly IDPs in particular feel discriminated against in access to aid.
was formed in August 2008.2 In Nepal, most elderly persons say they received no special attention.
84% of the IDPs interviewed in India and more than 68% in Bangladesh
UNHCR, the Norwegian Refugee also say that no special support is given to the elderly.
Council and number of local NGOs
organised events to celebrate the Interviews carried out by the Brookings-Bern Project on Internal Displacement. See
10th Anniversary of the launch of the Brookings-Bern Project report Listening to the Voices of the Displaced: Lesson Learned
Principles. Civil society is lobbying at http://www.brookings.edu/reports/2008/09_internal_displacement_cohen.aspx
at local level and in Kathmandu to
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 29
Returnees in Sierra Leone
Claudena Skran
Over ten years of brutal civil war displaced approximately partners those international NGOs
4.5 million people, about half Sierra Leone’s population. it had worked with in Guinea.
Returning refugees often had better
After the conflict ended in 2001, UNHCR facilitated the language skills and knowledge of
participation of both returnee refugees and returnee IDPs NGO operating procedures than
in community-level reconstruction projects. former IDPs. Ideally, UNHCR should
have tried to work more closely
UNHCR’s response to the Sierra the highest rate of displacement. with Sierra Leonean humanitarian
Leonean humanitarian crisis came UNHCR’s implementing partners, agencies which had previous
at a time when the refugee agency primarily international NGOs, experience of working with IDPs.
was expanding its services to provided technical skills and financial
include IDPs. To complement their management. Decisions about the While UNHCR’s reintegration
activities, and in the spirit of Guiding type of projects to be implemented programmes helped to meet the
Principle 28, UNHCR launched major were made by villagers with input needs of some refugees and IDPs in
programmes for both ex-refugee from traditional elders, women and Kailahun, the main shortcoming of
and IDP returnees. Fifteen per cent youth. Each project cost no more UNHCR’s work with IDPs was its
of UNHCR programme funds were than $5,000 and was supervised by a limitation to areas where there were
allocated to Quick Impact Projects transparently selected management high numbers of officially repatriated
(QIPs) to meet the immediate needs committee. Villagers contributed refugees. Former IDPs in other parts
of returnees and those who had labour and materials for projects of the country, including the capital
stayed behind. In 2003-05 about 2,000 which typically involved repair city, Freetown, received much less
Community Empowerment Projects or construction of schools, village support from international donors
(CEPs) were implemented in all courts, clinics, wells, latrines, rice and NGOs.2 Nevertheless, UNHCR’s
areas of return in a range of sectors, mills and rice-drying floors. efforts to include refugees and IDPs
including agriculture, health, water, in joint community projects show the
sanitation and community services.1 CEPs provided both symbolic influence of the Guiding Principles
and practical support to returning on a major humanitarian agency.
communities. In Maloma village
Principle 28 the reconstructed court building Claudena Skran (claudena.skran@
1. Competent authorities have the has become the community focal lawrence.edu), Associate Professor
primary duty and responsibility to point, actively used to host meetings, of Government at Lawrence
establish conditions, as well as provide dispense justice and hold elections. University in Wisconsin, conducted
the means, which allow internally research on refugees and IDPs
displaced persons to return voluntarily, Integrating IDPs, refugees and stayees in Sierra Leone in 2005-06.
in safety and with dignity, to their into the same programmes was often
1. Stefan Sperl and Machtelt De Vriese, ‘From emergency
homes or places of habitual residence, challenging. The size of the return evacuation to community empowerment: Review of
or to resettle voluntarily in another package offered to returning refugees the repatriation and reintegration programme in Sierra
Leone’, UNHCR 2005. http://www.unhcr.org/publ/
part of the country. Such authorities proved a contentious issue. When RESEARCH/420b80384.pdf
shall endeavour to facilitate the UNHCR and the government of 2. See: Claudia McGoldrick, ‘Sierra Leone: resettlement
doesn’t always end displacement’, FMR17, May 2003.
reintegration of returned or resettled Sierra Leone agreed on equality for all http://www.fmreview.org/FMRpdfs/FMR17/fmr17.13.pdf
internally displaced persons. those in need, UNHCR had to reduce
the amount of rations normally Two community
2. Special efforts should be made given to returning refugees. elders in a remote
to ensure the full participation of village in Peje West
Chiefdom, western
internally displaced persons in Refugees and IDPs Kailahun District,
the planning and management returned to their Sierra Leone.
of their return or resettlement villages with different
and reintegration. experiences and skills.
Many of those who
had been in refugee
CEPs were small-scale, community- camps in Guinea had
managed interventions which benefited from education
involved – without discrimination programmes and had
– returning refugees, IDPs and those higher levels of literacy
who had never moved. Nearly half than those who had stayed
of all CEPS were implemented in behind. UNHCR
Kailahun, the far eastern district tended to
where the war originally started choose as
and whose population suffered implementing
Claudena Skran
30 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
Guiding Principle 27 and
Philippine typhoon response
Sara McHattie
Oxfam GB’s response to the devastation and displacement camps were not primarily due to ill
caused by Typhoon Durian included advocacy with will but to lack of awareness and
resources, and so the programme
Philippine state, NGO, community and private sector aimed to raise awareness of Sphere
actors to raise awareness of Principle 27 – obliging Minimum Standards1 and the Guiding
providers of humanitarian assistance to “give due regard Principles. We hoped that improved
to the protection needs and human rights” of IDPs. understanding of principles of
humanitarian response would both
On 30 November 2006 Typhoon displaced people to allow education raise the standards of the current
Residents
of Amore
Durian affected over 2.5 million to resume, the government decided to response and enable local actors to
resettlement people in 13 provinces of the island of build ‘transitional sites’ for IDPs and better respond to future crises in the
site (a Luzon. In Albay province the heavy families that were to be relocated. highly disaster-prone Bicol region.
transitional
rain loosened volcanic ash from
housing
project) near Mount. Mayon, which cascaded into The two initial transitional sites Oxfam partnered with RedR
Legazpi city. densely populated communities in were grossly sub-standard. It was India for Sphere training, the
clear that government Balay Rehabilitation Centre for
authorities had no Guiding Principles training and an
IRIN/Manoocher Deghati
awareness of minimum Albay-based NGO, Social Action
standards of assistance Centre (SAC). The government/
or of the obligations to, NGO coordination mechanism,
and rights of, displaced called Ayuda Albay, was a key
communities. Sites lacked facilitator of this process.
adequate shelter, water
supplies, sanitation An initial Sphere training in Legazpi
facilities, health services, for local government officials, UN,
livelihood opportunities NGOs, private sector and community
and food and non-food leaders was followed by one in Manila
distributions. Residents for federal government officials,
including senior officials
from the National Disaster
Coordinating Council and
the Department of Social
Welfare and Development
(DSWD), key private
and around the provincial sector contributors to
capital, Legazpi. humanitarian responses,
NGOs and the UN.
IRIN/Manoocher Deghati
The Provincial Disaster
Coordinating Council The impact of the training
(PDCC) reported that was a rapid shift towards
Mt Mayon
volcano,
541 people were killed increasingly coordinated
near and over 164,180 homes and objective-oriented
Legazpi city. partially or completely provision of assistance.
destroyed. The The government and
government judged that in view of could not live without risk of NGOs were given a tangible goal to
the risk of further landslides it would disease, let alone live in dignity. aim for – such as one toilet per 20
have to relocate 11,000 families, There were disturbing reports of people – and a framework against
some 55,000 people, from the slopes discrimination and abrupt relocations. which to measure activities and
of the volcano. Most of these had identify gaps. Communities became
lost their homes and were living in Oxfam GB responded by introducing more confident in expressing and
schools and churches being used as a humanitarian standards component articulating their needs. Sphere
emergency evacuation centres that into its emergency programme, principles have been integrated into
were not equipped to support the targeting key figures in the the work of the PDCC and the DSWD.
number of people in need; some government, NGOs, private sector
classrooms housed up to 150 people. and communities. Oxfam assessed Guiding Principle training in
As schools needed to be cleared of that the conditions in the transitional Legazpi involved enabling
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 31
government, NGOs, the private ■ established regulations Government authorities have
sector and community leaders to within evacuation centres acknowledged that without the
understand the basic concepts of training and the improvements in
the Principles and the national ■ changed government policies – standards of response they would
responsibility framework: ensuring that vulnerable people have been faced with significant
living outside evacuation centres unrest amongst evacuees. A key
■ identifying protection issues are also eligible for assistance contributor to the success of this
related to return, resettlement project was the eventual commitment
and reintegration ■ assisted with assessments, and buy-in of the government.
targeting, encouragement
■ developing an action plan to of volunteerism and Training community leaders has
address IDP issues in Albay distribution of assistance given them the tools to articulate their
needs and to use an internationally
■ distributing copies of the Principles ■ launched a grass-roots IDP recognised framework to hold state
in Tagalog, the national language, advocacy newsletter to and non-state actors to account.
and the local language, Bicolano promote flow of information Whether displaced by violence,
development or natural disaster,
■ convening whole-community ■ worked with government communities are protected both
orientation sessions on the officials to organise a General by international law and national
Principles and IDPs’ rights. Assembly for all IDPs, establishing obligations. The Typhoon Durian
a common focal point for response has demonstrated that a key
Partnership with SAC Legazpi led liaison with Ayuda Albay. factor contributing to the application
IDPs to organise themselves into 300 of these laws and principles is that
Core Groups to represent those living Impact of raising awareness government, NGOs and communities
in evacuation centres, transitional When the project was first discussed, must be aware of their obligations
sites and within the ‘unsafe’ zone. the government was apprehensive, and rights. This can create a dialogue
Forty per cent of them have continued fearing that providing communities that is ultimately beneficial for all.
to function following closure of with information about Sphere and
the project. Core Groups have: the Principles would incite them Sara McHattie was Oxfam GB’s
to make unmeetable demands at Programme Manager for the Typhoon
■ improved distribution a sensitive time in the Philippine Durian Emergency Response. For
of goods/services and electoral cycle. Oxfam built more information, please email
ensured they are based on confidence by underscoring that rhastie@oxfam.org.uk While the
community-identified need community participation, regular flow European Commission supported
of information and dialogue would components of the project, the
■ improved information flow lead to a more effective response views expressed here should not
by establishing direct lines and allow all those concerned be regarded as reflecting those
of communication with space for discussion, compromise of the European Community.
government officials and NGOs and mutual understanding. 1. http://www.sphereproject.org
Internal displacement in the
Central African Republic
Laura Perez
In the Central African Republic (CAR), where most communities, and only those who
displaced people are unaware of their rights, the Norwegian are living in relatively accessible
areas have received assistance from
Refugee Council (NRC) is seeking to promote wider international relief organisations.
awareness of, and respect for, the Guiding Principles.
In response to the displacement crisis
Since 2005, 197,000 people have rebel groups have signed ceasefire in CAR, NRC has been working in
been internally displaced due agreements and a peace process emergency education in the northern
to armed conflict between the is underway, the security of most province of Ouham since April 2007.
government of François Bozizé and people in northern CAR has hardly Home to about 12% of the country’s
various rebel groups, and because improved because banditry has IDPs, Ouham is one of CAR’s most
of attacks by bandits known as replaced political conflict as the conflict-affected regions. NRC’s
coupeurs de route who take advantage main source of violence. Displaced project supports approximately
of the government’s inability to people in CAR have depended 14,200 children in 57 primary schools
guarantee security. Although all almost entirely on help from host through teacher training, provision
32 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
of school materials, school feeding areas in the north of the country to research and report on the
programmes, training of parent- bordering Chad and Cameroon. protection and assistance needs
teacher associations and building of internally displaced children.
capacity of the education ministry. The Principles were prominent in a IDMC found that displaced children
September 2008 training session for face severe protection problems
NRC also undertakes protection the Mission de consolidation de la from violence and insecurity.
and advocacy by reporting on the paix en Centrafrique (MICOPAX)1 –
situation of IDPs in the villages a regional peacekeeping force with Unlike other children, displaced
where it works and supporting joint about 300 troops from Gabon, Chad, children have suffered trauma
initiatives such as a nationwide IDP Congo and Cameroon. Over 30 after witnessing extreme levels
advocacy campaign. The continuous officers and troops from the Chadian of violence such as the killing
presence of NRC and other contingent were trained in the of family members when their
humanitarian organisations in areas Principles and on child protection in villages were attacked by road
of displacement helps deter would-be emergencies. The training sessions bandits. During these attacks,
aggressors (protection by presence). are an integral part of the troops’ some displaced children, including
preparation for field operations. girls, have been abducted to work
Using the Guiding Principles as porters of stolen property or
NRC has conducted protection In 2007, UNHCR translated the kidnapped for ransom. Many
training workshops on the Guiding Guiding Principles into Sango, the others have been recruited into
Principles for local authorities, national language, and illustrated armed forces or groups.
the army and the police, to some of the principles in order to
support security sector reform.The make them as accessible as possible The nutrition, water and sanitation,
government has neither adopted the to non-literate communities. The health and shelter needs of CAR’s
Principles as a policy framework Sango version of the Guiding displaced children remain largely
nor incorporated them into national Principles has been distributed unmet. Many are in urgent need
law. However, UN agencies and to government ministries, local of adequate shelter, having been
international NGOs use them human rights NGOs and civil forced to sleep outdoors during
regularly to promote the rights of society organisations. They now the rainy season, exposed to higher
IDPs. They are a standard component need to be distributed more widely risks of contracting malaria or upper
of protection workshops, and have to displaced communities to raise respiratory infections. Displaced
been used to train humanitarian their awareness about their rights. children face economic exploitation
observers, local authorities, as they are forced to work in fields
government forces, international The plight of displaced belonging to host communities
peacekeeping troops and rebel children in exchange for food or meagre
groups such as the Popular Army for NRC’s Internal Displacement pay. These children’s education is
the Restoration of the Republic and Monitoring Centre (IDMC) visited being interrupted and their long-
Democracy (APRD) which controls CAR in July and August 2008 term development jeopardised.
These IDPs
have lived
in this
temporary
site since
February
2006 after
fleeing an
UNHCR/Helene Caux
attack by
governmental
forces on
their village
in Boutouli,
3 km away.
CAR.
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 33
Displaced children from minority which entered into force in June NRC therefore recommends that
groups such as the Peuhl face ethnic 2008. The Pact’s Protocol on the government of CAR adopt
discrimination, not least because Protection and Assistance to IDPs and implement the Principles as a
many host communities, and even commits member states not only framework for providing protection
other IDPs, have the mistaken to enact national legislation to and assistance to IDPs, and prepare
perception that all Peuhl are road implement the Guiding Principles and enact national legislation to
bandits. Due to the destruction into domestic law but also to implement the Principles fully,
of their migration routes and loss create a practical implementation including specific provisions for
of their animals from violence framework. States have different the protection and assistance of
and armed conflict, many Peuhl ways of introducing international internally displaced children.
communities have been forced to law into their national legal systems.
settle among subsistence farmers Under CAR’s constitution, the Laura Perez (laura.perez@nrc.
and are struggling to adapt to a provisions of any international ch) is CAR Country Analyst
new way of life. The protection instrument ratified by CAR become for the Internal Displacement
needs of displaced children have binding and have precedence Monitoring Centre (http://www.
not been adequately addressed by over national laws.3 One gap that internal-displacement.org).
the Government of CAR nor by the remains, however, is the lack of a
1. http://www.operationspaix.net/-MICOPAX-
international community in general. specific legal framework to protect 2. http://www.internal-displacement.
IDPs in general and displaced org/8025708F004BE3B1/(httpInfoFiles)/60ECE277A8E
Legal framework for response children in particular. The current DA2DDC12572FB002BBDA7/$file/Great%20Lakes%20
pact_en.pdf
CAR has ratified the Pact on laws do not provide a sufficiently 3. Article 72, Constitution of the Central African
Security, Stability and Development detailed basis for addressing and Republic, 2004.
in Africa’s Great Lakes Region,2 responding to the needs of IDPs.
UNHCR and the Guiding Principles
Khassim Diagne and Hannah Entwisle
UNHCR today works with governments and other tool for UNHCR, governments
humanitarian actors in 28 countries to protect nearly and IDPs themselves.
14 million IDPs. In the Democratic Republic of the
UNHCR has worked to protect and edition of the inter-agency Handbook Congo, UNHCR has emphasised the
assist IDPs since the mid 1970s. for the Protection of Internally Displaced particular importance of education
Initially, the UN system divided Persons,2 issued in December 2007, about the Principles when working
responsibility for protecting and proposes several protection activities with survivors of sexual and gender-
assisting IDPs on an ad hoc basis. supported by the Principles, including based violence, thus supporting
In 2003, it sought to improve its strategic development, protection them to assert their rights for
response through an inter-agency monitoring, and assessing IDPs’ compensation and justice. In the
‘collaborative approach’, which enjoyment of rights. The Handbook Central African Republic, Timor-
allocated responsibilities informally. also shows how the Principles Leste and Sudan, UNHCR operations
In 2005, this approach was refined can help foster an inter-agency have stressed the importance of the
in an effort to increase predictability understanding of what protection Principles as a tool to explain to
and accountability, particularly in means in an operational context. national and local authorities their
responding to internal displacement. responsibilities towards IDPs.
Agencies were assigned leadership The Principles have played a
responsibilities under the ‘cluster significant role in shaping UNHCR’s Elements from the Principles
approach’. UNHCR formally operational responses for IDPs. Their have also been incorporated into
assumed leadership responsibilities use in programming and advocacy national and state level frameworks.
for three clusters: protection, has arguably helped bolster their One example, deriving directly
camp coordination and camp credibility and influence as a relevant from Principle 6 on protection
management, and emergency shelter. international legal instrument. This from arbitrary displacement, is
article highlights examples of this the Khartoum State Principles on
UNHCR views the Guiding Principles symbiotic relationship between Relocation, signed by the state
as more than a simple compilation UNHCR and the Principles and authorities and the UN in April
and restatement of legal rules. how this has generated concrete 2007.3 UNHCR offices have likewise
UNHCR’s 2007 IDP Policy Framework benefits to IDPs over the past decade. supported efforts to incorporate the
and Implementation Strategy1 As the international humanitarian Principles into regional documents
affirms their relevance, stating that and legal environment evolves to and legal instruments, such as the
they will be incorporated into the recognise the persuasiveness of the draft African Union Convention
Office’s protection and human rights Principles, they are increasingly for the Protection and Assistance of
activities for IDPs. The provisional becoming an operational protection Internally Displaced Persons in Africa.
34 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
Colombia
Colombia’s extensive legal framework
upholding the rights of IDPs is an
oft-cited example of the incorporation
of the Principles into domestic law.
Colombia’s primary displacement
legislation (Law No. 387 of 1997)
was enacted before the adoption of
the Principles but the Colombian
authorities referred to the preparatory
work done by former Representative
of the Secretary-General on Internal
Displacement, Francis Deng,
when developing the country’s
normative framework. In 2001,
the Constitutional Court decided
to incorporate the Principles into
the ‘Constitutional Block’, thereby
making the Principles binding in
national law. As a result, a wide
range of public policies now reflect
the Principles as a fundamental
basis for the institutional response
to internal displacement.
There is, however, a considerable
gap between Colombia’s
comprehensive legal framework
and its implementation at national
and departmental levels. The
Constitutional Court sought to
address this discrepancy in May 2004 within the National Commission which incorporates elements of Children attend
a UNHCR-
with a landmark judgment (T-025), of Reparation and Reconciliation, the Principles. Even though the
funded primary
within which several orders were which has been tasked with creating right to freedom of movement school in the
issued requesting the government a national reparations plan. and the ability to choose one’s permanent
to fulfil its responsibilities as residence may be acknowledged, relocation
village of
regards the displacement crisis.4 Serbia and Kosovo financial and political constraints Tharanikulum,
Nine years after the end of the conflict have meant that UNMIK and the in Vavuniya,
UNHCR’s programmes in Colombia in Kosovo, the situation of the 206,000 Serbian authorities have struggled Sri Lanka.
illustrate the impact the Principles IDPs in Serbia remains delicate. There to fully apply these principles. The
can have in societies where there is no institutional responsibility Principles provided the framework
is a solid legal infrastructure to for their protection and UNHCR for the ‘Analysis of the Situation
assimilate them. When discussing the statistics show that only 18,060 of Internally Displaced Persons
role of humanitarian assistance with members of minority communities from Kosovo in Serbia: Law and
government authorities, UNHCR have returned to Kosovo since Practice’, one of the main advocacy
relies on the Principles to explain 1999. Sustainable returns have been and programming tools used by
the necessity for impartiality and hindered by security constraints, lack UN agencies and NGOs in Serbia.6
neutrality and the non-discriminatory of political will, complicated return
nature of humanitarian action. procedures, restrictions on freedom Sri Lanka
National NGOs and associations of movement, destruction of property, The Principles form the basis of all
working on displacement issues have an ineffective property restitution UNHCR awareness raising, training
played a key role in disseminating system and limited access to services. activities, protection monitoring and
and applying the Principles. IDP advocacy in Sri Lanka, including
advocates rely on them when calling Ensuring the informed, voluntary and with IDPs and host communities.
for IDPs’ rights to be enforced dignified return of IDPs is an ongoing Education programmes have made
and refer to them in reports to the challenge in Serbia. UNHCR has non-displaced children more aware
Colombian Constitutional Court. A conducted various cross-boundary of the challenges facing IDP children.
recently signed agreement between activities over the years to inform The Principles have also been used
the Ministry of Agriculture and IDPs about conditions in their to advocate for more active inclusion
UNHCR gives IDPs the possibility place of origin and developments of IDP pupils in school life. In one
of protecting abandoned lands and in Kosovo. It has also provided free situation, this even prompted a class
benefiting from new initiatives legal assistance and advice on how to request a student exchange trip
to restore their property rights. to pursue property restitution. The so they could better understand the
The Principles are also routinely UN Mission in Kosovo (UNMIK)5 living conditions of displaced peers.
used by the group of experts has also released a Manual on Returns The Principles are used on a day-to-
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 35
security situation as a result of the
ceasefire with the Lord’s Resistance
Army meant the government has
now lifted all restrictions on freedom
of movement in camps and return
areas, paving the way for IDPs to
voluntarily return or locally integrate.
The next decade and beyond
This article has given some concrete
examples illustrating how UNHCR’s
use of the Principles in its day-to-
day operations contributes not only
to improved IDP protection but also
to strengthening the Principles as a
legal, advocacy and planning tool. The
success of the Principles is a testament
to the international efforts of NGOs,
the UN, governments and IDPs alike.
While the Principles have made a
significant impact, further guidance
is needed to determine when
internal displacement can be said to
have ended, to address protracted
UNHCR/R.Chalasani displacement situations, and to
ensure IDPs are adequately included
in peacebuilding activities. Other
challenges include the need to
improve protection and assistance
activities – and find solutions – in
day basis to help deal with concerns Ugandan government in 2004. The urban environments where it can be
arising from protection monitoring. Policy commits the government very difficult to distinguish displaced
In another case, UNHCR staff met to protecting its citizens against populations. Further reflection is
with school principals when it was arbitrary displacement, guarantees also required on forced displacement
discovered IDP children were being their rights during displacement due to climate change, and whether
denied entry into schools because and promotes voluntary durable this can be adequately addressed
of overcrowding. Working with solutions. The National IDP Policy within the current legal frameworks
the principal, local government provides UNHCR with a strong and operational institutions, or
and the IDP community, additional basis upon which to build its whether new legal frameworks or
teachers and resources were found to programmes to strengthen protection institutions may be required. In the
accommodate the displaced children. monitoring, develop government years to come, UNHCR will continue
and civil society capacity, facilitate to work towards building acceptance
The Principles have influenced the achievement of durable solutions, of the rights-based approach to
national peacebuilding efforts, and support camp phase-out and internal displacement contained
including a tool developed by closure processes. UNHCR uses the within the Guiding Principles.
UNHCR (Confidence Building Principles alongside the National
and Stabilisation Measures for IDP Policy in all training activities, Khassim Diagne (diagne@unhcr.org) is
IDPs in the North and East7) and including with the police. Principle 14 a Senior Policy Advisor with UNHCR
approved by the Inter-Ministerial on the right to freedom of movement (www.unhcr.org). Hannah Entwisle
Committee on Human Rights gained particular significance in (entwisle@un.org) was an IDP Policy
in October 2006. It promotes co- 2006 when the protection cluster Officer with UNHCR until December
existence and peacebuilding activities identified government restrictions 2008 and is now a Policy Officer with
between communities and among on IDPs moving in and out of OCHA’s Food Policy Support Team.
communities, civil administration, camps as a key protection concern. 1. http://www.humanitarianreform.org/
armed forces and law enforcement A large-scale freedom of movement humanitarianreform/Portals/1/H%20Coordinators/
HC%20retreat/Day%202/HCRIDPpolicyframework.pdf
agencies. It highlights the need advocacy campaign targeted the
2. See Sources and Resources on p40.
to restore essential infrastructure national government, local authorities 3. http://www.unhcr.org/cgi-bin/texis/vtx/home/opendoc.
and services in return areas and and the army. Cluster members pdf?tbl=SUBSITES&id=47fb81ee2
frames UNHCR’s protection work. brought international attention to the 4. See Rothing and Romero, ‘Measuring the enjoyment
of rights in Colombia’, FMR30 http://www.fmreview.org/
devastating protection problems for FMRpdfs/FMR30/64-65.pdf
Northern Uganda IDPs resulting from confinement in 5. http://www.unmikonline.org/
The Principles constitute the camps, including restricting IDPs from 6. http://www.unhcr.org/refworld/pdfid/42120e554.pdf
key reference for the National pursuing livelihood opportunities. 7. http://www.unhcr.org/publ/PROTECTION/482af5132.
pdf
Policy for IDPs adopted by the This campaign and the improved
36 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
Training to strengthen
protection of IDP rights
Kim Mancini Beck
The earliest post-launch training activities around the Principles on displacement. Brookings-Bern
aimed mainly to raise awareness and generate acceptance works with academic and civil society
partners to organise courses in South
from government, NGO, UN and international actors. In Asia and East Africa and liaises closely
recent years, training has moved beyond awareness raising with national human rights institutions
to applying the Principles and setting global standards. to support their engagement with
IDPs. The NRC’s Internal Displacement
The tenth anniversary of the The inter-agency Protection Capacity Monitoring Centre (IDMC) provides
Principles offers an opportunity Standby Project (ProCap), hosted by support to field-based UN agencies and
to review training progress. The the UN Office for the Coordination international NGOs to train national
Humanitarian Response Review of Humanitarian Affairs (OCHA), and local partners. Its programme
(HRR) which led to the imple- supports UN field offices through includes a three-day protection
mentation of the cluster approach deployment of senior protection workshop that covers all aspects of
in December 20051 provided a officers and a training programme for internal displacement. NRC field offices
catalyst for humanitarian agencies mid-level NGO standby protection have also developed a drama-based
to reinforce and reorient training experts. ProCap’s six-day residential methodology to empower IDPs about
programmes, ensuring the training course on protection in their rights and to identify courses of
incorporation of the Principles into emergencies addresses protection action for change. The International
training interventions. The cluster broadly but also provides a specific Organization for Migration (IOM)
approach has also contributed focus on internal displacement and runs a course for policymakers on the
significantly to inter-agency inter-agency coordination. During the political rights of the displaced and
development of tools2 and the course, participants are called on to to has incorporated IDP issues into an
global protection cluster has played take institutional mandates out of the international migration law course for
a pivotal role in developing and equation when analysing protection mid/senior-level government officials.
disseminating tools that focus risks and needs, and then to assume
on IDP protection. Other cluster different ‘agency hats’ in a simulated Many organisations have mainly
training resources focused on emergency protection response. focused on strengthening their
mainstreaming internal displace- training activities for their own
ment considerations into areas such The Action for the Rights of Children staff and operational partners. For
as gender-based violence, camp (ARC) initiative4 produced a training example, OCHA’s Displacement
management and early recovery. package on child protection in and Protection Support Section
emergencies which includes briefing (DPSS) provides training in needs
Some inter-agency initiatives that notes, participatory training materials, assessments, strategy development,
preceded the HRR illustrate the case studies, training aids and a operational responses and coordination
value of inter-agency cooperation facilitator’s guide. Revised materials at the global and field levels for the
on training to establish common expected in 2009 will incorporate staff of OCHA and members of the
standards and field guidance tools, considerations specific to complex Inter-Agency Standing Committee
and were later reinforced by the emergencies, displacement and disaster (IASC). UNHCR has incorporated
cluster approach. For example, the situations. This tool focuses on the IDP components into staff learning
Camp Management Project (CMP) was potential consequences of displacement programmes and is developing
initiated in Sierra Leone in late 2002 on the rights of children in terms of programmes for staff induction and
to improve the quality of assistance critical issues such as separation of for senior managers on IDP protection.
and protection in the country’s IDP families, risk of abuse, recruitment OHCHR has incorporated IDP-specific
camps and resulted in the publication into armed forces and child labour. considerations into its basic training
of a toolkit in 2004 (updated in 2008)3 for field human rights officers and a
followed by the development by the In addition to formal inter-agency specialised course on strategies and
Norwegian Refugee Council (NRC) initiatives, some providers strongly skills for human rights monitoring.
of training materials, a training of focus on training national and local UNICEF has incorporated IDP
trainers (ToT) course and an inter- actors. The UN Secretary-General’s issues into a policy and its training
agency roster of trainers. After the Representative – supported by OHCHR programmes on child protection.
Camp Coordination and Camp and the Brookings-Bern Project on The World Food Programme (WFP)
Management (CCCM) cluster was Internal Displacement – runs an has developed policy, field guidance
established, it assumed leadership in annual five-day residential course and a training programme for staff
this field and developed standards, and regional training workshops on and partners to roll out its new
tools and guidelines, including three issues such as peacebuilding, natural approach to mainstreaming protection
comprehensive training packages. disasters and national laws and policies into food assistance interventions.
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 37
Protection reviews carried out by ways. Many more synergies could and protection needs of other affected
the Danish Refugee Council (DRC) be explored with a view to making populations such as the non-displaced
have led them to incorporate IDP- effective transitions from humanitarian victims of war and natural disasters.
specific considerations into training response to development. Many organisations are also struggling
activities and to develop an IDP with how to assist less visible urban
Profiling Toolbox5 based on their National and local authorities, IDPs and to support host families
field experience in Somalia. human rights agencies, faith-based and communities sharing meagre
and other civil society organisations, resources with IDPs. Also, no UN
ICRC’s training approach remains and IDP communities are active in agency has a designated lead role
closely tied to its mandate to protect using the Principles in dissemination in situations of natural disaster as
all victims of armed conflict, with IDPs and training activities. UNHCR’s the cluster approach merely sets out
seen as part of a broader spectrum of 2007 evaluations have highlighted that UNICEF, OHCHR and UNHCR
people who have suffered violations the need for additional guidance should be consulted to determine who
of international humanitarian law. on how to better engage with will take a lead role when a natural
Since the HRR, the ICRC has focused national stakeholders in order to or human-made disaster occurs.
staff training on increasing their enhance national protection capacity.
understanding of the reforms and Many international organisations Kim Mancini Beck (kim.mancini@
the cluster approach. It has also have had successful results from nrc.ch) is a Senior Training Officer
engaged in increased dialogue with capacity-strengthening activities with the Norwegian Refugee
partners to articulate the ICRC’s in IDP operations and in contexts Council’s Internal Displacement
approach to IDP protection to provide such as human rights, asylum and Monitoring Centre (http://www.
a broader frame within which to rule of law but the capacity and internal-displacement.org). The author
address internal displacement.6 resources dedicated to documenting wishes to thank representatives of
and sharing good practices vary. In the American Refugee Committee,
Time to take stock order to progress further towards the Brooking-Bern Project, DRC,
These new resource materials a consistently effective response to ICRC, IOM, NRC, Terre des Hommes,
reflect progress towards a better internal displacement, the challenge World Vision Australia, OCHA,
understanding of respective mandates of evaluating field training and Oxfam GB, UNFPA, UNHCR,
and approaches, increased exchanges capacity-strengthening activities UNICEF and WFP for sharing
of experiences and inter-agency conducted by a wide range of actors information, experience and analysis.
delivery of field training in the field. should be taken up at the inter-
1. For further information on the cluster approach, see
The cluster approach has, however, agency level and supported by FMR29: http://www.fmreview.org/humanitarianreform.
only been activated in a small number donors. Without a comprehensive htm
2. Many of these tools are described in other articles in
of countries affected by internal review, it will be difficult to remedy this issue of FMR. Please refer also to the listing of
displacement. Much remains to be the recurrent weakness identified resources on p40.
done before common standards and by UNHCR in terms of reinforcing 3. http://www.nrc.no/camp/
the cluster approach are consistently state responsibilities to protect 4. http://www.savethechildren.net/arc/ See also the self-
study CD-Rom entitled ‘Introduction to child protection
understood and implemented by and civil society organisations’ in emergencies’.
all stakeholders in the field. capacity to contribute to enhancing 5. http://www.internal-displacement.
IRIN
org/8025708F004CFA06/(httpKeyDocumentsByCategory)/
national protection capacity. B3898C325EEBCF24C12574CE00317D2D/$file/DRC%20
A 2007 UNHCR analysis of evaluations -%20IDP%20Profiling%20Toolbox_final%20April%20
2008.pdf
in five cluster IDP operations7 indicates More inter-agency debate is needed
6. See article by Cordula Droege on pp8-9.
where international organisations to resolve misunderstandings and
7. ‘Real-time evaluations of UNHCR’s involvement in
stand in terms of progress towards concerns that the IDP category may operations for internally displaced persons and the cluster
more effective delivery of protection have obscured attention to the rights approach: analysis of findings’, 2007. http://www.unhcr.
org/refworld/docid/470394f12.html
and assistance to IDPs. The evaluations
highlighted gaps in knowledge and
skills, indicating the need for increased
training to address lack of engagement Rights in practice
by important stakeholders, including A couple of years ago I was in eastern Democratic Republic of Congo to attend training
some host governments, many sessions in the application of the Guiding Principles run by the Norwegian Refugee
national NGOs and even some UN Council. We held workshops in the field with various armed groups, police, village chiefs,
field staff. These common challenges religious leaders and ordinary people from the IDP and host communities. The very notion
faced by international organisations of rights was foreign to many of them and the training led to some surprising results.
can best be addressed by more cross-
fertilisation between ‘protection’ and One IDP returnee told me what had happened to his fishpond, which provided his main
‘assistance’ organisations to ensure source of income as well as food for his family. The village chief had taken it for himself,
consistent understanding and delivery claiming this was in accordance with the chief’s status, needs and local customs. They
of training on the human rights of had both attended the Guiding Principles training course so the villager reminded the
IDPs. In both the protection and early chief about the workshop and the debates held there. He claimed that the chief had
recovery clusters, common issues violated his rights by taking the fishpond for himself – and that he should return it
such as child protection, gender- to him. The chief admitted he was in the wrong and duly returned the fishpond to its
based violence, housing, land and rightful owner.
property rights, and rule of law and
Pål Nesse, Head of Advocacy Section, Norwegian Refugee Council
justice are addressed in different
38 TEN YEARS OF THE GUIDING PRINCIPLES FMR – GP10
The future of the
Guiding Principles
Walter Kälin
Although it is hard to take an objective view on an enterprise of legal uncertainty resulting from
in which you have been closely involved, it is fair to drawn-out negotiations. We stressed
that the Principles were not creating
say that over the last ten years the Guiding Principles new law but restating obligations
have demonstrated their utility and impact but also that already existed under human
their limitations. rights and international humanitarian
law binding upon states. We were
In Burma, they have been used to obstacles to their adoption and concerned that negotiating a text
raise awareness about displacement implementation described in the that draws as heavily from existing
and mobilise humanitarian assistance preceding articles would be overcome law as do the Principles might have
but have offered little diplomatic or by having a binding UN Convention allowed some states to renegotiate
political leverage to influence the on the human rights of IDPs. Francis and weaken existing treaty and
national authorities. During elections Deng, my predecessor, deliberately customary law. Having a treaty
in Bosnia and Herzegovina and submitted the Principles as an expert approved would by no means have
in Kosovo, the Principles focused text rather than a draft convention. guaranteed its widespread ratification
attention on IDPs’ political rights by governments. Finally, we felt
but across the world IDP political As the article by Deng and Roberta that to draft a treaty that combines
participation remains inconsistent. Cohen3 explains, there were several human rights and humanitarian law
They have helped inspire the peace convincing reasons for this decision. was probably premature. In legal,
process in Nepal but the country Treaty making in the area of human institutional and political terms, the
still lacks an effective IDP strategy. rights had become difficult and time- distinction between human rights
They have informed the ongoing consuming. Deng felt that something applicable mainly in peacetime and
process of drafting the African more immediate was required to humanitarian law for times of armed IDP camp,
Union Convention for the Prevention respond to the needs of the growing conflict still was so fundamental that Hal Hajid,
Chad.
of Internal Displacement and the numbers of IDPs worldwide, and it was likely that many states and February
Protection of and Assistance to he wanted to avoid a long period organisations would strongly oppose 2008.
Internally Displaced Persons in Africa
but – assuming it is approved by the
African Union at a special summit1 –
its effectiveness will depend on the
degree of compliance and monitoring.
The Principles were issued to
Georgian civil servants designated to
provide assistance to those displaced
by the recent conflict but the response
of the government to Georgia’s latest
displacement crisis has been criticised.
They form the basis for Uganda’s
National Policy for Internally
Displaced Persons but there is still a
very significant implementation gap.
As the article by Elizabeth Ferris2
explains, it is not easy to assess
accurately the impact of the
Principles. However, the examples
that have been provided in this
Special Issue, in particular those
by field practitioners working
with the Principles, have helped
me to better understand their
potential and limitations.
What can be done to further increase
the impact of the Principles? Some
Thierry Gassmann
have suggested that the sorts of
FMR – GP10 TEN YEARS OF THE GUIDING PRINCIPLES 39
any attempt to combine both areas IDPs cannot participate in elections on the lives of IDPs. While the
of law in a single UN convention. because there are no provisions for guidance in the manual will need to
absentee voting. In northern Uganda, be applied in accordance with the
Still an internal affair? funding mechanisms provide domestic legal order and national
These reasons still stand today. districts with resources earmarked drafting traditions, it should provide
Negotiations on the 2005 World for development, not humanitarian specific guidance on approaches
Summit Outcome document4 activities; at the end of the year, to structure responses to internal
showed that while the Principles funds which could have alleviated displacement that comply with
were welcomed by all governments, IDPs’ problems have been returned relevant international law principles.5
many governments were still not unspent to Kampala as conflict has
ready explicitly to recognise their prevented development activities. The law of internal displacement
binding character. The idea that Frequently IDPs cannot regain can only grow if states, international
internal displacement is essentially their property because they lack organisations and other actors
an ‘internal affair’ remains strong in documents proving their ownership. continue to insist that specific
many parts of the world. Consensus Sometimes, people displaced for guarantees exist for the internally
between states and their sovereign long periods cannot recover their displaced. Even if some of these
governments is the very foundation property even if return becomes claims will be rejected, others, as
of international law. I believe it still possible because of statutes to the the history of the Principles show,
makes sense to continue to build effect that those who have abandoned will be accepted. I hope that this
consensus from the ‘bottom up’. property for a stipulated period have growing body of law will continue
lost their rights. This can allow those to take the direction indicated in
Such an approach hinges on who arbitrarily displaced people by the Guiding Principles and become
convincing states affected by internal force to become rightful owners. an even stronger tool to protect the
displacement to incorporate the millions of IDPs around the world.
Principles into domestic law and to It is obvious that in such situations
encourage regional organisations to the headmaster of a local school, Walter Kälin (idp@ohchr.org)
develop locally applicable normative the national electoral commission is the Representative of the UN
frameworks. This approach has or other authorities will stick to the Secretary-General on the Human
worked with some success but laws immediately regulating their Rights of Internally Displaced
we must develop new strategies, work and not apply the Principles, Persons. For information about
especially how to better incorporate even if they know them. In short, his mandate and mission reports
the rights of IDPs restated by the existing domestic laws on internal see: http://www2.ohchr.org/
Principles into domestic law. Too displacement have not always english/issues/idp/index.htm
often, they are incorporated simply succeeded in clarifying how the
1. http://www.unhcrrlo.org/Conference_Special_
through a general reference to rather abstract general principles Events/2008AUSpecialSummit.html
the Principles in a law or policy of international law articulated 2. See p10.
document. This may be because by the Principles should be 3. See p4.
of an insufficient understanding translated into concrete actions. 4. http://www.un.org/summit2005
of the complexities of the task but 5. Protecting Internally Displaced Persons: A Manual for
Law and Policymakers, Brookings-Bern Project on Internal
in some cases indicates lack of Manual for Law and Displacement, October 2008. Available to download at
sufficient political will to properly Policymakers http://www.brookings.edu/papers/2008/1016_internal_
displacement.aspx or email brookings-bern@brookings.
address the plight of IDPs. The next step is to bring the Principles edu to request a copy.
into line with relevant domestic
My missions and visits to countries laws. My mandate, together with the
affected by internal displacement Brookings-Bern Project on Internal “We have rights”
have shown that, even where the Displacement, has developed a
political will to help IDPs does exist, manual for law and policy makers In Colombia, I met a dozen or more
applicable legislation often fails to which identifies obstacles and key men and women in ragged clothes
take into account their specific needs principles that must be enshrined at who had walked for hours through the
and thus may create insurmountable the domestic level. The central aim jungle to meet me in a dilapidated
obstacles for enjoyment of the rights of the manual is to provide advice school-house on the Pacific coast.
guaranteed to them. In Nepal, for on how to shape laws and policies They spoke about how they had fled
example, the right to education of addressing the protection and the ongoing violence, had left behind
displaced children is affected by their assistance needs of IDPs in a way that everything, and were now struggling
inability to produce ‘transfer papers’ ensures full protection of their rights to survive. And then one man added:
issued by the headmaster of their in accordance with the Principles. “Amidst all this suffering, we know one
former school, thus barring them The manual is targeted at national thing for sure. We have rights and they
from enrolment in a new school. In policymakers, competent ministries, cannot take them from us even if they
Côte d’Ivoire, most displaced children legislators and civil society groups violate them. The Guiding Principles
lack the birth certificate needed to concerned with internal displacement. on Internal Displacement are our
access schools – either never having We hope the manual will be of rights. They clearly say that we have
had one, having left it behind during direct and concrete assistance in the right to safety, the right to food and
flight or having had it confiscated crafting laws and policies that will, to health, and the right to return to
– but there are no mechanisms for wherever possible, prevent internal our homes; and this gives us hope.”
replacing documents. Commonly, displacement and mitigate its effects
Sources and resources
Guiding Principles on Internal Displacement: full text in many languages online at http://www.brookings.edu/projects/idp/gp_page.aspx
Legal framework and national responsibility Guidance on Profiling Internally Displaced Persons, Internal
Displacement Monitoring Centre, UN Office for the Coordination
Guiding Principles on Internal Displacement: Annotations, of Humanitarian Affairs, April 2008:
American Society of International Law, Brookings/Bern Project, http://www.internal-displacement.org/profiling
Revised Edition, 2008: http://www.asil.org/pdfs/stlp.pdf
Designed to help humanitarian actors gather better core data
Identifies the legal sources in international law for each on IDPs, including number of IDPs disaggregated by age and sex
of the Principles. and location, proposing various methodologies and providing
Protecting Internally Displaced Persons – A Manual for Law and advice on choosing the best for a given country context.
Policy Makers, Brookings/Bern Project, October 2008:
http://www.brookings.edu/papers/2008/1016_internal_ Specific sectors/issues
displacement.aspx Standards and good practices pertaining to the protection of IDPs
Provides detailed guidance to national authorities on how have been included in several inter-agency documents developed
to shape laws and policies addressing protection and for specific sectors or issues:
assistance needs of IDPs and ensuring their rights in line n Guidelines for Gender-based Violence Interventions in
with the Guiding Principles; reviews relevant questions and Humanitarian Settings (IASC, 2005)
issues to be addressed by national authorities; and contains n Gender Handbook in Humanitarian Action (IASC, 2006)
lists of minimum essential elements of state regulation.
n Camp Management Toolkit (DRC, IRC, NRC, UNHCR,
Addressing Internal Displacement: A Framework for National OCHA, IOM, 2008)
Responsibility, Brookings/Bern Project, April 2005: http://www. n Guidance Note on Early Recovery (Early Recovery Cluster
brookings.edu/projects/idp/20050401_nrframework.aspx Working Group, 2008)
Sets out 12 steps for governments to take and provides n Handbook on Housing and Property Restitution for
a basis for assessing/monitoring progress. Refugees and Displaced Persons (2007, FAO,
NRC/IDMC, OCHR, OHCHR, UN-Habitat, UNHCR)
Using the Guiding Principles
The Handbook on the Protection of IDPs, All documents online at:
Protection Cluster Working Group, http://www.humanitarianreform.org
December 2007:
http://www.humanitarianreform.org/Default.
Other web resources
aspx?tabid=294 Representative of the UN Secretary-General on
the Human Rights of IDPs:
Designed for those in charge of IDP
http://www2.ohchr.org/english/issues/idp/index.htm
protection on the ground. Reviews
key components of IDP protection, Provides access to all documents pertaining to
including the normative and institutional the mandate and work of the Representative,
frameworks, protection activities including reports to UN bodies, UN resolutions
and tools, and provides ‘action and press releases since 1992, and to resolutions
sheets’ addressing protection risks of the UN General Assembly and other UN
commonly encountered by IDPs. Final bodies pertaining to the Guiding Principles.
version to be released in 2009. Brookings-Bern Project on Internal
Protecting Persons Affected by Natural Displacement:
Disasters – IASC Operational Guidelines http://www.brookings.edu/projects/idp.aspx
on Human Rights and Natural Disasters, Includes studies, conference reports, articles,
June 2006: http://www.humanitarianinfo.org/iasc/downloadDoc. etc, for the promotion of more effective policies.
aspx?docID=3429&type=pdf Internal Displacement Monitoring Centre:
Guidelines focusing on what humanitarian actors should do in http://www.internal-displacement.org
order to implement a rights-based approach to humanitarian Includes the Global Internally Displaced Persons
action in the context of natural disasters. Complemented Database, documenting the situation of IDPs in more
by a manual. Final version to be released in 2009. than 50 countries, plus training materials on the Guiding
Protection of Conflict-induced IDPs: Assessment for Action, Principles, country reports and thematic documents
Protection and Early Recovery Cluster Working Groups, 2008: on issues such as profiling and urban IDPs.
http://www.humanitarianreform.org/Default.aspx?tabid=555 Guiding Principles Global Database:
Framework developed to help states and humanitarian http://www.idpguidingprinciples.org
agencies conduct a comprehensive analysis of the situation Collection of official documents about the rights of IDPs and the
of IDPs and of affected populations. In Part I (following application of the Guiding Principles, including relevant national
Guiding Principles structure), each chapter reflects a cluster laws and policies, regional and international instruments,
of rights drawn from international law; Part II provides general UN documents and statements of national authorities.
guidance on participatory assessment methodologies. Still
a provisional release, scheduled in final form for 2009. GP10 conference website:
http://www.internal-displacement.org/gp10
When Displacement Ends: A Framework for Durable Solutions
Includes: conference presentations (text/video) and conference
for Internally Displaced Persons, Brookings/Bern Project,
summary, plus access to all language editions of the Guiding
June 2007: http://www.humanitarianinfo.org/iasc/downloaddoc.
Principles and other documents/resources relating to IDP rights.
aspx?docID=4123&type=pdf
Provides guidance to determine whether and to what extent Forced Migration Review (FMR): http://www.fmreview.org
a durable solution has been achieved for IDPs. Examines Provides access to all back issues of FMR with many articles
both the processes through which solutions are found and on the Guiding Principles. Searchable and indexed. Available
the actual conditions of IDPs in search of durable solutions. in English, Arabic, French and Spanish.
