1 Essentials of Migration Management for Policy Makers and Practitioners Section 2.9 Migration and Displacement

Essentials of Migration Management 2 Section 2.9 Migration and Displacement Learning Objectives increase your knowledge of the issues raised by forced migration of internally displaced persons understand the implication of forced migration of internally displaced persons for national migration policies develop your ability to determine the appropriate response to internally displaced persons in your setting

Essentials of Migration Management 3 Section 2.9 Migration and Displacement Topic Titles Topic One: Internally Displaced Persons Topic Two: The Guiding Principles on Internal Displacement Topic Three: National Policy

Essentials of Migration Management 4 Section 2.9 Migration and Displacement Terms and Concepts Internally displaced persons 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

5 Migration and Displacement Topic One Internally Displaced Persons

Essentials of Migration Management 6 Topic One Internally Displaced Persons Important Points 1.The definition of internally displaced persons is not a legal definition but simply a descriptive one. 2.Internally displaced persons have special needs precisely because of their displacement. 3.The purpose of paying specific attention to the plight of internally displaced persons as such is not to confer on them a privileged status, but to ensure that their unique needs are addressed, along with those of other groups. (Continued)

Essentials of Migration Management 7 Topic One Internally Displaced Persons 4.The conditions of danger and deprivation that characterize situations of internal displacement can take a tremendous toll: the highest mortality and malnutrition rates recorded in humanitarian emergencies this past decade have involved internally displaced persons. 5.Internally displaced persons frequently remain caught in areas of armed conflict and under threat of armed attack, physical assault, sexual violence, and forced conscription. They can be particularly vulnerable to human trafficking. Many lack adequate food, water, shelter, and medical care.

Essentials of Migration Management 8 Topic One Internally Displaced Persons National and international responsibility on IDPs Internally displaced persons often are uprooted for the same reasons as refugees. However, because they remain within their own countries and under the jurisdiction of their governments, they are excluded from the international protection granted to refugees. Primary responsibility for assisting and protecting internally displaced persons rests with their own governments. Should governments prove unable or unwilling to discharge this responsibility, however, governments are expected to invite or at least accept international assistance for ensuring the welfare and security of internally displaced persons. The common overriding objective of international assistance should be to assist governments in meeting their obligations toward their own internally displaced populations.

9 Migration and Displacement Topic Two The Guiding Principles on Internal Displacement

Essentials of Migration Management 10 Topic Two The Guiding Principles on Internal Displacement Important Points 1.The Guiding Principles cover all phases of internal displacement: 1.prevention, 2.protection, 3.assistance during displacement, and during return or resettlement and reintegration. 2.The Guiding Principles stipulate that people have the right not to be arbitrarily displaced, and that they also have rights during displacement, including: access to basic necessities protection against physical attack the right to education the right to recover their property or receive compensation. (Continued)

Essentials of Migration Management 11 Topic Two The Guiding Principles on Internal Displacement 3.The Guiding Principles emphasize that internally displaced persons continue to have the right to seek and enjoy asylum in other countries, that is, to become eligible for refugee status. 4.The Guiding Principles also emphasize that certain internally displaced persons with special needs may require particular attention children, especially unaccompanied minors women, especially expectant mothers, mothers with young children, and female heads of household persons with disabilities; and elderly persons certain groups, including indigenous persons and pastoralists. 5.To facilitate understanding and practical application of the Guiding Principles, a number of supplementary materials have been developed. “Handbook for Appying the Guiding Principles” “Manual on field Practice in Internal Displacement” “Annotations to the Guiding Principles on Internal Displacement”

12 Migration and Displacement Topic Three National Policy

Essentials of Migration Management 13 Topic Three National Policy Important Points 1.Raise national awareness of the plight of internally displaced persons and of responsibilities toward them. 2.Support training on internal displacement and the Guiding Principles for government officials as well as local and international partner organizations and internally displaced persons themselves. (Continued)

Essentials of Migration Management 14 Topic Three National Policy 3. Collect data on the numbers and conditions of internally displaced persons. Efforts to gather data about internally displaced persons, however, can face a number of challenges: ensure that efforts to collect data on internally displaced populations do not in any way jeopardize their security, protection, and freedom of movement. There are a number of non-governmental and international agencies with considerable experience in gathering data about displaced populations that can assist governments in their own data collection efforts. 4. Create a national legal framework for upholding the rights of internally displaced persons. (Continued)

Essentials of Migration Management 15 Topic Three National Policy 5.Adopt a national policy on internal displacement. Ideally, such a national policy should cover all phases of displacement - ranging from prevention to protection and assistance once displaced, to durable solutions - as well as the various causes, including not only conflict but also disasters. 6.Designate an institutional focal point for internally displaced persons. an existing governmental body with a relevant mandate and expertise. designate a government body or office devoted exclusively to internally displaced persons. create a government committee or working group on internally displaced persons that regularly brings together officials from the various relevant ministries and departments. It is essential that the government body tasked with responsibility for internally displaced persons have a mandate for both assistance and protection.

Essentials of Migration Management 16 Topic Three National Policy 7.Establish national human rights institutions and integrate the issue of internal displacement into their work. 8.Allocate adequate resources. 9.Ensure the participation of internally displaced persons in the decisions that affect their lives. 10.Support durable solutions to internal displacement.. That includes: seeking the peaceful resolution of conflicts providing assistance and protecting the physical safety of returning or resettling internally displaced persons during their transit as well as upon relocation rebuilding infrastructure in areas of return and resettlement landmine clearance re-establishment of the rule of law, taking measures to ensure respect for human rights, and restoring judicial processes that can resolve property and other disputes. facilitate the reintegration of returned or resettled internally displaced persons

Essentials of Migration Management 17 Topic Three National Policy Under no circumstances should internally displaced persons be forced to return home or resettle elsewhere in the country against their will. The nature of assistance to internally displaced persons can, and should, change over time.

18 Last Slide Section 2.9 Migration and Displacement