Origins, Concepts and Challenges Patrick Egloff Advisor to the Representative of the UN Secretary General on the Human Rights of IDPs International Migration Law Course 11 June 2010 The Guiding Principles on Internal Displacement

Overview Who is an IDP? What is the present situation of internal displacement? Do IDPs have rights?

I. 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”

II. The Present Situation Magnitude of the Problem

27 million IDPs in 54 countries (Dec 2009): Africa: 11.6 mioEurope: 2.4 mio Americas: 5 mioMiddle East: 3.4 mio Asia: 4.3 mio

 Largest internal displacement situations 2009 : Sudan (4.9 mio), Colombia (3-4 mio), Iraq (2.7 mio), DRC (1.9 mio), Somalia (1.5 mio), Pakistan (1.2 mio)  Major new displacement during 2009 : Pakistan, Sudan, DRC, Philippines, Somalia  Major return movements during 2009: Pakistan, DRC, Uganda, Sudan, Kenya © Norwegian Refugee Council Figures

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

... 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.

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

 Translated into more than 40 languages  More than 10 countries incorporated them into national legislations or policies  Endorsed at the regional level  Convention of the African Union on Protection and Assistance to IDPs The Guiding Principles on Internal Displacement

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.

2.Internally displaced person experience a very special factual situation and, therefore, have specific needs. 3.The GPs restate in more detail those legal provisions which respond to the specific needs of IDPs and make explicit guarantees protecting IDPS that are inherent in IHL and IHRL. 4.Not a binding instrument but a highly authoritative document.

Content  Addresses 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)

General Principles  IDP definition  Principle of equality before the law  Principle of non-discrimination  Primary responsibility of the national authorities

Prevention from displacement  Prohibition of arbitrary displacement Based on policies of apartheid or ethnic cleansing In situations of armed conflict, unless the security of civilians or imperative military reasons so demand In cases of large-scale development projects not justified by compelling public interest In case of disasters unless the safety of persons requires their evacuation

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 of movement).

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

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

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

Group 4: Other Civil and Political Rights Right to documentation Principle 22 Art. 6 UDHR, art. 16 CCPR Freedom of movement Principle 14 Art. 13 UDHR, art. 12 CCPR

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: 