Framework on Durable Solutions for Internally Displaced Persons An Application to the Philippine Disaster Response UNHCR Manila Protection Cluster Humanitarian Country Team

The Philippine context Typhoons Ondoy, Pepeng and Santi successively struck the Philippines in the fourth quarter of last year Floods and landslides affected 9.4 million persons and left 1,080 casualties 700,000 persons were internally displaced and thousands of families affected What happens to internally displaced and affected persons now?

The road to recovery Displacement is a life-changing event. While the often traumatic experience of displacement cannot be undone, IDPs need to be able to resume normal life by achieving a durable solution. Leaving IDPs in continued marginalization without prospect of a durable solution may become an obstacle to long-term peace, stability, recovery and reconstruction in post-crisis countries. A person should not remain an IDP forever. Displacement shall last no longer than required by the circumstances. (GP)

Finding answers and solutions What is a Durable Solution? Key Principles Rights-Based Approach Criteria for Evaluation The Framework on Durable Solutions for IDPs

What is a Durable Solution? Achieved when former IDPs no longer have specific assistance and protection needs that are linked to their displacement and such persons can enjoy their HUMAN RIGHTS without discrimination resulting from their displacement. Mere physical or forced movement, namely return to home or habitual residence, moving to another part of country or choosing to integrate locally often does not amount to durable solution either.

A durable solution can be achieved through… Text Return Local Integration Re- settlement Durable Solution Sustainable reintegration at the place of origin Sustainable integration in another part of the country Sustainable local integration in areas where IDPs take refuge

A durable solution can be achieved through… Voluntary repatriation or return Local integration Resettlement

Key standards for durable solutions VoluntarinessSafetyDignity Non Discrimination When does displacement end? An IDP is no longer an “IDP” when he/she forms a part of the community and is not distinguished from that community for any reason related to the person’s former status as displaced person. Defining durable: The process of (re)integration: the re-entry of IDPs back into the social, economic, cultural and political fabric of their original or new community.

Key standards for durable solutions Voluntariness SafetyDignity Non Discrimination Freedom of movement and choice of residence (Guiding Principle or GP 14) Components: Freedom of choice: Push and pull factors Informed decision Prohibition of forced return (GP 15) Components: Physical safety Legal safety Material safety Both on route and in return Unconditional return At their own pace Not manhandled No arbitrary family separation Respect for human rights Equal access to public services Ability to participate in communal decision making No discriminatory practice towards vulnerable groups Equal benefit to community of return

Search for DS as a process and key principles in the search Gradual, often long-term Complex Requiring coordination and timely engagement Requiring coordination and timely engagement DURABLE SOLUTIONS Primary responsibility assumed by national authorities and international humanitarian and development actors are complementary Rapid and unimpeded access to humanitarian and development actors Needs, rights and legitimate interests of IDPs as primary considerations IDP’s choice, in absence of option to return, not regarded as renunciation of right to return when feasible

Search for DS as a process and key principles in the search Gradual, often long-term Complex Requiring coordination and timely engagement Requiring coordination and timely engagement DURABLE SOLUTIONS IDPs encouraged or compelled to return or relocate to areas where life, safety, liberty or health would be at risk under NO circumstances IDPs not subjected to discrimination for reasons related to displacement Populations and communities that (re-)integrate IDPs, and whose needs may be comparable, not neglected in comparison to IDPs IDPs who have achieved DS continue to be protected by IHRL, and where applicable, IHL

DS as a process with IDPs at the centre in a RBA IDPs Peace process and building involvement and reinforce DS (DRR) Access to effective monitoring mechanisms Access to humanitarian and development actors Participation in planning and management Voluntary and informed choice Rights-Based Approach These five objectives are derived from the rights and responsibilities set out in the key principles in search for DS. See section in the document for specifics.

Criteria to determine to what extent DS achieved Progress toward DS Safety and security On the basis of effective protection by national and local authorities. Protection from threats which caused the initial displacement or may cause renewed displacement Effective restoration of HLP Timely restitution. Requires comprehensive approach. Possibility to have them reconstructed or, where this is possible, are provided with an alternative. Adequate standard of living Without discrimination and including at a minimum shelter, health care, food and other survival means. Adequacy means available (sufficient quantity and quality), accessible, acceptable, adaptable (flexible).

Criteria to determine to what extent DS achieved Progress toward DS Access to livelihoods To fulfil at least their core socio-economic rights, in particular where these are not guaranteed by public welfare programmes. Opportunities that they had during displacement preserved to the extent possible. Access to documentation Personal and other documentation necessary to access public services, reclaim property and possessions, vote or pursue other purposes linked to durable solutions. Family reunification Reunite with family members from whom they were separated and seek DS together. Reunited as quickly as possible. Appropriate tracing and best interest of the child.

Criteria to determine to what extent DS achieved Progress toward DS Participation in public affairs At all levels on the same basis as the resident population and without discrimination owing to their displacement. Access to effective remedies and justice Transitional justice mechanisms, reparations and information on causes of violations. Reparations include restitution (restoring the situation prior to displacement), compensation (for equally assessable damage), rehabilitation, and satisfaction (given in so far as violation cannot be made good by restitution or compensation.