1 Drafting

2 Objectives  To organise the drafting process for a national instrument on internal displacement  To ensure that all stakeholders are properly consulted over the definition of contents  To list all the required elements of a law or policy on internal displacement  To list IDPs’ entitlements during all phases of displacement

3 Suggested actions Preparation of draft input document Planning, preparing and holding meetings Consultations Review Tentative workplan Working paper Glossary of key notions Outline Merging components into comprehensive draft Drafting IDPs at the heart of the process Information, consultation and participation Publish intentions and regular updates Inclusive and transparent process For each phase…

4 Parliamentarian’s role  Ensure that drafts prepared by staff, departments and civil society contain essential feautures  Identify gaps in the draft legislation and propose amendments  Ensure that parliamentary debate includes discussion of the bill  Present the bill to constituents and civil society and invite comments

5 Who’s who? Lead agency Consultation partners Steering/drafting committee

6 General elements  Definitions  IDP  People affected by displacement  Basic principles  National responsibility  Non-discrimination  Participation  Identification of responsible authority  Coordination mechanisms  Financial aspects

7 Quiz!

8 Which guiding principles refer to the prevention of displacement?  28 to 30  Five to nine  24 to 27

9 Which of the following constitutes arbitrary displacement?  Displacement as collective punishment  Displacement driven by apartheid or ethnic cleansing  Displacement caused by development projects justified by overriding public interest

10 Which of the following address the specific needs of displaced children?  Guiding principle 8  Guiding principle 13  Guiding principle 15

11 What are the three settlement options for durable solutions?  Return, settlement, resettlement  Return, local integration and resettlement  Return, reintegration and rehabilitation

12 Which two principles should underpin the pursuit of durable solutions?  Safety and awareness  Safety and security  Dignity and voluntariness

13 Essential provisions  Prohibition of arbitrary displacement (guiding principle six)  Prevention of displacement (guiding principle seven)  IDPs’ protection and assistance (guiding principles 10 to 23)  Durable solutions (guiding principles 28 to 30)  Remedies and access to justice (guiding principles 28 to 30) Don’t forget participation, host communities and people with specific needs!

14 Refresher: Which rights? RightsGuiding principle Life, security, protection against violence 10, 11 Food18 Water and sanitation18 Adequate housing18 Medical assistance and healthcare 18, 19 Property, protection against HLP violations 12 Freedom of movement14, 15, 28 Recognition before the law 20 Family life16, 17 Education23 Work and adequate standard of living 18, 22 Participation in public affairs 22 Humanitarian assistance3, 25

15 Remedies and access to justice Deprivation of land and property Physical and mental harm Human rights abuses Compensation and satisfaction Restitution Compensation What type of remedies? Who’s responsible? How does claim process work? Who can claim? How does HLP restitution work? How to decide on compensation? Displacement

16 Validation and adoption Validation or not?  To consolidate the content of the draft instrument  To obtain support from all parties  Determine who will take part Adoption  Key expression of the state’s commitment  Text final and applicable  Final deliberations and last amendments  Adoption according to national procedures

17 Validation and adoption

18 Conclusions  Drafting a national instrument is a staged process that needs careful planning  The participation of IDPs and others affected by displacement must be ensured  A law or policy should feature a minimum set of contents  Focus should be on prevention, IDPs’ rights and conditions for achieving durable solutions

19 Checklist  Set out a tentative work plan for the drafting process  Draft the national instrument step-by-step  Lead inclusive and transparent stakeholder consultations  Decide whether to undertake a validation process, and who will take part  Validate the content and finalise the draft  Undertake final deliberations on the draft  Adopt the final text