Need and timing for a legal review? National consultative workshop Kabul, 14 – 15 July 2012

NRC/Brookings review of the GPs against the core benchmarks of national responsibility To assess gaps and challenges to implementation as they relate to the Afghanistan context To identify and describe specific activities undertaken by Afghan authorities promoting protection of IDPs To identify specific provisions of Afghan law that can further contribute to the protection of IDPs To offer guidance on the development and implementation of legal and policy frameworks that can be used to uphold rights of IDPs Afghanistan: review of relevant laws, policies and practices

Why the National Responsibility Benchmarks for IDP Protection? Identifies and describes a set of concrete steps for governments to pursue to fulfill their protection responsibilities in accordance with the GPs Not intended to act as a checklist to score effectiveness of governments, but rather to inform ongoing efforts to address displacement

Review Findings: Afghanistan Protection responsibilities feature in a range of disparate legal and policy frameworks, though few displacement related provisions Flexible and dynamic definition of IDPs lacking Rights, needs and vulnerabilities of IDPs need to be considered in national development strategies Consultation of IDPs in adoption of Afghan laws, policies and initiatives lacking Adoption of a national policy on IDPs that incorporates a framework for durable solutions required

Reviewing the Benchmarks against National Practice in Afghanistan A. Legal Framework for Protection of IDP Rights –Presidental decrees No.104 and No. 297 –Afghan Constitution –National legal instruments –International Human Rights, Humanitarian Law, Criminal Law and Refugee Law instruments

Problems and Gaps No instrument, constitutional provision or other normative act makes explicit mention of the rights of IDPs and so their application only in general fashion Legal provisions not tailored to the specific needs and vulnerabilities that internal displacement creates Unclear whether administrative rules and regulations tied to these laws establish genuine procedures and modalities accessible to IDPs to realize their rights

Next Steps? To strengthen the Afghan legal framework to protect the rights of IDPs by adopting and implementing comprehensive laws and policies on internal displacement that address all causes and phases of displacement in Afghanistan Amend substantive and procedural provisions of Afghan national laws to address the human rights of IDPs Interpretation of domestic law and customary rules in line with the spirit of the GPs in order to provide protection and assistance to IDPs

Next Steps? Passage of new national laws specifically to regulate the response to internal displacement time-consuming, though encouraged Full and complete review of national legislation should not delay or hinder the development of a national instrument on internal displacement Policy development process can identify areas that require amendment of existing legislation