Child Protection in The Protection Cluster UNICEF workshop, Islamabad 9 November 2010

Why is protection important? “I can’t deal with protection right now, I have an emergency to deal with.” “Protection can wait, people are starving and need food.” “Human rights isn’t my problem, I’m here to save lives.” “I’m delivering food. That’s protection enough.” Isn’t assistance enough?

What is protection? Integrity & Empowerment Safety and Security Dignity  Recognize whole person with physical, psychosocial, social, and cultural considerations  Choices and freedom  Self-worth and autonomy  Keeping people safe  Priority for action, advocacy, assistance

Definition of Protection All activities aimed at obtaining full respect for the rights of the individual as expressed in accordance with the letter and the spirit of the relevant bodies of law (international human rights, humanitarian, and refugee law). Actors shall conduct these activities impartially and not on the basis of race, national or ethnic origin, language, gender, etc. --Inter-Agency Standing Committee (IASC)

Who is responsible to protect? States  Primary responsibility to protect  Where cannot or will not, must allow humanitarian action Mandated and Specialized Agencies  ICRC, UNHCR, UNICEF, OHCHR, OCHA Non-mandated Agencies  Impartial, humanitarian organizations Others?

Inter-agency protection areas: Rule of law and justice Prevention and response to gender-based violence Child Protection Mine action Land, housing and property -Protection Cluster Working Group

Rights – 4 Groups Protection of life, security and physical integrity of the person; and family ties Protection of rights related to the provision of food, health, shelter and education Protection of rights related to housing, land and property; livelihoods and secondary and higher education Protection of rights related to documentation, movement, re-establishment of family ties, expression and opinion, and elections

Humanitarian Principles Humanity  Saving lives and alleviating suffering wherever it is found Impartiality  Action based solely on the basis of need, without discrimination between or within affected populations; Neutrality  Actions must not favour any side in an armed conflict or other dispute Independence  Humanitarian objectives are carried out with autonomy and separate from the political, economic, military or other actors’ objectives where humanitarian action is being implemented.

RETURN What do the Guiding Principles on Internal Displacement (1988) say about return? Article 28.1: ¨Competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle in another part of the country”

Voluntary, Safety and Dignity All returns must be conducted voluntarily, in safety and with dignity and with informed choice in accordance with international human rights law, international humanitarian law, and humanitarian principles. The right to return includes the right to return to places of origin, or another location. It also includes the right to remain at the place of displacement. Return that is voluntary is far more likely to be sustainable than return that is coerced

Voluntary – Freedom of Choice Freedom of choice is defined, first, by the absence of any physical, psychological or material pressure, and second, by the availability of choices. Consequently, any use of force, threats, coercion or intimidation directed at internally displaced persons will contradict the principle of voluntary return. This will include the indirect coercion including the provision of erroneous information, and denial of basic services or closure of IDP camps or facilities without an acceptable alternative. A return that happens because an alternative solution is not available is not a voluntary return, even If IDPs express their acceptance. Material rewards tailored to influence a decision (particularly when not coupled with similar assistance in case another option is chosen) may also amount to coercion.

Voluntary – Informed Decision An Informed Decision means that the decision is taken by IDPs themselves based upon relevant information on the situation in the place of origin and on route. It will also usually imply that there is a known alternative. IDPs need to have access to accurate and objective information on the extent to which the causes for displacement may persist, the mechanisms foreseen to ensure reintegration, and those available to ensure continued assistance and integration in other parts of the country

Voluntary – Clear Expression Clear expression. IDPs must express in a clear and unambiguous way their willingness to return. In principle, the decision must be individual. However, in many cases there may be a group-based decision making process, in families for obvious reasons and in larger groups because of cultural factors. This is as such acceptable. However, authorities must make sure that all groups according to age, gender and diversity (for instance different ethnic groups) have been consulted, and that individual options without undue pressure are available for those with valid reasons to prefer another option.

Safety Safety - Safe return includes both physical safety, legal and material safety, both during the return and in the place of origin. Physical safety: the absence of threats to life, liberty and integrity of the person. This means a secure return environment in terms of generalised absence of violence, verbal threats and intimidation, adequate management of common crime, freedom of movement, safe routes, housing and livelihood, areas free of mines and unexploded ordinance. Legal safety: the presence of adequate law enforcement mechanisms and access to justice, particularly as regards recovery of property and housing. Material safety: access to basic means of survival. Material safety implies notably equal access in the early phases of return to means of survival and basic services, such as potable water, food, housing, health services and education, followed by measures to underpin sustainable reintegration.

Dignity Dignity - In general terms, in the context of IDP returns the right to dignity includes respectful treatment by authorities, and above all proper consultation and participation of IDPs in all stages of the return process, taking into account the different views of girls, boys, women, men, older persons and diverse population groups. Dignified return in practice means that returning families are not “manhandled” - that they can return unconditionally and if they are doing so spontaneously they can do so at their own pace, that they are not arbitrarily separated from family members, and that they are treated with respect by the authorities and full acceptance by the national authorities.

Group 1 - Use of schools as evacuation centers You are the Child Protection Sub-Cluster Coordinator in the humanitarian coordination hub of Sukkur, Sindh. Many schools have been used as evacuation centers and IDP camps for displaced people after the floods. Pupils have not been attending classes for months, the schools need extensive rehabilitation after having been used as living quarters by internally displaced. The Education Cluster has been lobbying the Department of Education strongly to reopen the schools so that children can go back to classes and exercise their right to education. UNICEF has prepared a plan together with the Department of Education for closure of schools as IDP camps, with a clear timeline, and provided funding for rehabilitation of the schools. At the next Education Cluster meeting, the UNHCR Protection Cluster Coordinator walks in, and is very upset with the plan, and with UNICEF for not having coordinated this with the Protection Cluster and OCHA. Question 1: What rights are in conflict with each other in this scenario? Question 2: What is the responsibility of the Child Protection Sub-Cluster in terms of prioritising between the rights in question? Exercise: 10 Minutes: Select 1 Chair for the group, and exercise the right of all be heard and have their specific concerns represented. The Chair will present the conclusions of the group to plenary.

Group 2: The Nutrition Strategy You are the Child Protection Sub-Cluster Coordinator in Quetta, Baluchistan. You have a great concern about the acute malnutrition rates among children in the IDP camps for flood affected persons, and have worked with the Nutrition Cluster to ensure that their strategy targets acutely and severely malnourished children between 0-5 years old, and have worked hard to achieve a proper action plan to address the life saving needs of the worst affected in this age group. Since the Nutrition Cluster lead is also UNICEF, you have been able to easily compare data, agree on target camps, criterias for assistance to the most vulnerable children and implementing partners who are competent and capable to implement the action plan. At the Nutrition Cluster meeting where this action plan is to be endorsed to be quickly implemented, the UNHCR Protection Cluster Coordinator walks in and is extremely unhappy with the whole plan. Question: What is his/her problem? Exercise: 10 minutes: Select 1 spokesperson for the group. All members of the group will write down what they think the problem is (only ONE option per person). The Spokesperson will present only one answer to plenary, the one that has the most ‘votes’ or similar answers. If there are only different answers, the spokesperson will choose the reason why he/she thinks is the problem himself/herself, without representing the other people in the group.