IDPs and the International Community’s Evolving Response Course at Ewha Womans University GSIS Janice L. Marshall and Mamadou Dian Balde 12 April 2007

Internal displacement An ancient issue caused by conflicts, generalized violation of human rights,… Until recently, has not been addressed by the international community: mainly, because persons within their countries are supposed to be protected by their governments and that the international community considers “intervention for such persons” as violation of sovereignty Tension between protection of human beings and sovereignty.

The international community starts being interested in the issue Sudan, the 1970s: internally displaced persons because of conflicts are assisted with refugee populations (impossibility to assist only refugees) Problem became more important when civil wars erupted in Eastern Europe after the fall of the Soviet Union. Many people flee their regions of origin: the ones who cross international borders are protected, often as refugees; the ones who remain, are not protected!

The Guiding Principles of Internal Displacement (1) Francis Deng from Sudan (Special Repr. Of the SG for IDPs) gathers a team of lawyers and ask to identify the legal norms protecting the internally displaced: international human rights law; international humanitarian law; and refugee law Guiding Principles are prepared and submitted to the UN Economic and Social Council in 1998.

The Guiding Principles of Internal Displacement (2) Thirty articles (like the UDHR) Definition of IDPs Protection against displacement Protection during displacement Humanitarian aid in settings Durable solutions

Definition of IDPs People or Group of People Forced or obliged to leave their homes or habitual places of residence Reasons for leaving: effects of armed conflicts, generalized violence, violation of human rights, natural or human made disasters Have not crossed an internationally recognized state border

Legal value of the Guiding Principles They guide states, international governmental and non governmental organizations,.. Many states have incorporated them in their domestic law: Columbia, Uganda, Sri Lanka,... The Columbian Constitutional Court refers to the Guidelines in a 2000 decision

For more information Visit: Internal Displacement Monitoring Center at www.internal-displacement.org UN Office of Coordination of Humanitarian Affairs at: www.ochaonline.un.org

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