The Guiding Principles on Internal Displacement

Transcription

1 International Migration Law Course 13 June 2008 The Guiding Principles on Internal Displacement Origins, Concepts and Challenges Patrick Egloff Advisor to the Representative of the UN Secretary General on the Human Rights of IDPs

2 Overview What is the present situation of internal displacement? Who is an IDP? Do IDPs have rights? What does protection of IDPs entail? What is the role of the RSG on the Human Rights of IDPs?

3 I. The Present Situation Magnitude of the Problem IDPs (armed conflict) Refugees IDPs (other causes)??? 0

4 26 million IDPs in 52 countries (Dec 2007): Africa: 12.7 Mio Europe: 2.5 Mio Americas: 4.2 Mio Middle East: 3.5 Mio Asia: 3.1 Mio

5 Figures Largest internal displacement situations 2007: Sudan (5.8 Mio), Colombia (3-4 million), Iraq (2.5 Mio), DRC (1.1 Mio), Uganda (1.3 Mio) Major new displacement during 2007: Sudan, DRC, Iraq, Somalia Major return movements during 2007: Sudan (South), DRC, Uganda Norwegian Refugee Council

6 IDPs have special needs... Problems usually not faced by those who remain in their homes: Lack of shelter and problems related to camps Loss of property and access to livelihoods Discrimination because of being displaced Lack of identity cards Lack of access to services Lack of political rights Restitution of/compensation for lost property Problems of return and integration...

7 ... and are especially vulnerable IDPs run a higher risk than those remaining at home: to have their children forcibly recruited to become victims of gender-based violence to become separated from family members to be excluded from education to be without a job to be excluded from political participation.

8 II. Who is an IDP?... internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border

9 III. The Rights of IDPs: The Guiding Principles on Internal Displacement 1992: Creation of the Mandate of the Representative of the UN Secretary General on Internal Displacement 1994: Request to elaborate an appropriate normative framework 1998: Guiding Principles on Internal Displacement 2005: World Summit: Recognition as important international framework for the protection of IDPs

10 Translated into more than 40 languages More than 10 countries adopted them into national legislations or policies Endorsed at the regional level

11 Conceptual ideas 1. Although internally displaced persons have departed from their homes, unlike refugees they have not left the country whose citizens they normally are: They can invoke all human rights and IHL guarantees available to the citizens of that country. Applicability of refugee law is not possible and would be dangerous.

12 2. Internally displaced person experience a very special factual situation and, therefore, have specific needs. 3. It is necessary to restate in more detail those legal provisions which respond to the specific needs of internally displaced persons and to spell them out in order to facilitate their application in situations of internal displacement. 4. Not a binding instrument but a highly authoritative document.

13 Content Adresses all phases of displacement Section I: General principles (1-4) Section II: Protection from Displacement (5-9) Section III: Protection during Displacement (10-23) Section IV: Humanitarian Assistance (24-27) Section V: Post-Displacement Phase (28-30)

14 Four groups of relevant rights 1. Rights related to physical security and integrity (e.g., rights to life and to be free of torture, assault, rape, etc); 2. Basic rights related to basic necessities of life (e.g., the rights to food, potable water, basic health, shelter); 3. Rights related to other economic, social and cultural protection needs (e.g., the rights to work, receive restitution or compensation for lost property, and education); and 4. Rights related to other civil and political protection needs (e.g., the rights personal documentation, political participation, access to courts, and freedom from discrimination).

15 Group 1: Right to physical security and integrity Right to life Right to dignity and integrity Protection against arbitrary deprivation of liberty Right to seek safety / protection against return Principle 10 Principle 11 Principles 12 and 14(2) Principle 15 Art. 6 CCPR, common Art. 3 Geneva Conventions Art. 7 and 8 CCPR, common Art. 3 Geneva Conventions Art. 9 CCPR Art. 12 CCPR Art. 3 CAT, Art. 7 CCPR

16 Group 2: Right to basic necessities Right to food and water Principle 18 Art. 11 CESCR Right to shelter Principle 18 Art. 11 CESCR Right to clothing Right to basic health services Principle 18 Principle 19 Art. 11 CESCR Art. 12 CESCR

17 Group 3: Other social, economic and cultural rights Right to education Property related rights Right to work Some aspects of right to health Principle 23 Principle 21 Principle 22(2)(b) Principle 19 Art. 13 CESCR, 28 CRC, 4(3)(a) APII 17 UDHR, regional Conventions, IHL Art. 6 and 7 CESCR Art. 12 CESCR

18 Example: Right to Work - Principle 22 (b) Right to seek freely opportunities for employment and to participate in economic activities No prohibitions No specific administrative obstacles (e.g. special taxes or fees; conditions for permits that cannot be met by IDP) Replacement of necessary documents Protection against discrimination by private parties Employment programs, skills training, micro credits etc.

19 Category 4: Other civil and political rights Movement related rights Family related rights Right to documentation Non-discrimination in the exercise of freedoms Principles 14 and 15 Principles 16 and 17 Principle 20 Principle 22 Art. 12 CCPR, 14 UDHR, 7 CCPR Art. 17(1) CCPR, 16(1) CRC, AP I 27(1) GC IV Art 16 CCPR / 8(2) and 24 (2) CRC / 50(2) GC IV Art. 2 (1) ( other status ) / 18, 19, 21 and 27 CCPR

20 Example: Political Rights - Principle 22 (d) Right to vote and to participate in government and public affairs without discrimination No prohibitions Replacement of necessary documents Possibility to register as voter at present location instead place of legal residency Possibility for absentee ballot or participate in local elections Access to polling stations Protection against violations

21 IV. The Role of RSG on the Human Rights of IDPs Mandate: Strengthening the international response to the complex problem of internal displacement through: International advocacy for improving protection and respect of the human rights of IDPs through dialogue with Governments, as well as non-governmental organizations and other relevant actors Mainstreaming human rights of IDPs into all relevant parts of the United Nations system Promoting the Guiding Principles

22 Strategy Goal: IDPs are able to enjoy their human rights Necessary elements: 1. A strong normative framework: Promoting the Guiding Principles Supporting their incorporation into national laws and policies Supporting elaboration of regional instruments

23 2. Will to protect Dialogue with governments, country missions and follow-up visits to affected countries Dialogue with other relevant actors, Mainstreaming the rights of IDPs into all relevant parts of the UN system General advocacy

24 3. Capacity to protect Manuals and guidelines (National responsibility framework Manual for Law and Policy Makers) Technical advise and training (Sanremo courses) Research/studies (Consultations with IDPs) 4. Ability to respond to new challenges Disaster induced displacement (Operational guidelines on Human Rights and Natural Disasters) : Internal displacement and peace processes / peace-building (Study - LL meeting of PBC - submissions to peace processes mediators manual)

25 Additional information Brookings-Bern Project on Internal Displacement: IDMC/NRC: Office of the UN High Commissioner for Human Rights Office of the UN High Commissioner for Refugees: