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Published byAllison Montgomery Modified over 8 years ago
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1 Preparation: Scope and type
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2 Objectives To give a clear overview of the different types and scope of national instruments on internal displacement To define the type and scope of a national instrument required for the country in question
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3 The instrument An effective instrument should: 1.Be binding or politically supported 2.Establish roles and responsibilities 3.Allocate resources to those responsible for activities The ‘right’ instrument should: 1.Address the situation in question 2.Be appropriate to the country’slegal tradition 3.Take the political landscape into account
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4 Comprehensive or partial? Scope All causes All phases A cause An area A phase A theme Kampala Convention and Great Lakes Pact require full domestication Displacement caused by conflict Property compensation Durable solutions Areas affected by disasters
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5 Displacement-specific v sectoral Displacement-specific A single integrated instrument that covers all displacement issues Afghanistan, Kenya, Uganda, Ukraine and Yemen, soon Somalia and Somaliland, draft in Nigeria Sectoral Address displacement issues via the amendment or alteration of existing legisation and regulations Combination of the two (as in Georgia)?
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6 “What’s your type?” Type The Kampala Convention and Great Lakes Pact require domestication by law, but article 3.2 of the convention also envisages policies, strategies and action plans as appropriate Laws and other binding legislation: Strengthen existing policies by amending domestic laws Enable policy implementation Policies, strategies and action plans : Are not binding but may create obligations for civil servants Often complement or pave the way for an act
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7 Additional capacity and expertise Technical support Advisory role to the lead authority Facilitate consultations with stakeholders Undertake or assist in profiling exercise Undertake or assist in legal review Assist in technical drafting Advisory role and support in implementation
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8 Checklist Common understanding of displacement Knowledge and information enhanced Stakeholders mapped Data collected or being collected Legal review done or being done Decision taken on scope of instrument Decision taken on type of instrument External support requested
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