Crossborder Population Movements

1
Cross-border Population Movements

• 5.40

2
Overview

• Introduction
• Context of regional conflicts and cross border
  population movements
• International law framework governing cross
  border movements of foreign combatants and
  associated civilians
• Adult foreign combatants and DDR issues in host
  countries
• Foreign children associated with armed forces and
  groups and DDR issues in host countries
• Civilian family members or other dependants of
  combatants and DDR issues in host countries
• Cross-border abductees and DDR issues in host
  countries
• Planning for foreign combatants voluntary
  repatriation and incorporation in cross-border
  DDR operations
• Foreign combatants and DDR issues upon return to
  the country of origin
• Foreign former combatants who choose not to
  repatriate status and solutions

3
Introduction

• Combatants and associated civilians moving across
  international borders
• Regional and international dimensions of
  conflicts and the impact on population movements
• Repatriation and sustainable reintegration are
  needed for both combatants and civilians
• Obligations under international law in
  determining the appropriate treatment of the
  population groups

4
Context of Regional Conflicts and Cross-border
Population Movements

• Lines of conflict frequently run across state
  boundaries.
• Ethnic, cultural, political and military ties
  that are not confined to one nation-state.
• Combatants who cross borders may have a range of
  motives, may be mixed in with civilians and their
  status may not be readily apparent State and
  international responses need to take such
  complexities into account.
• DDR processes need a stronger and more consistent
  cross-border focus, involving both host countries
  and countries of origin and benefiting both
  national and foreign combatants.

5
International Law Framework Governing Cross
Border Movements of Foreign Combatants and
Associated Civilians

• United Nations Charter
• Article 2(4)
• The Law of Neutrality
• The Hague Convention of 1907 respecting the
  Rights and Duties of Neutral Powers and Persons
  in Case of War on Land
• International Humanitarian Law
• Article 4(B)2 of the Third Geneva Convention of
  1949
• Human Rights Law
• The 1984 UN Convention Against Torture and Other
  Cruel, Inhuman or Degrading Treatment or
  Punishment
• The 1989 UN Convention on the Rights of the Child
  and the 2000 Optional Protocol to the Convention
  on the Rights of the Child on the Involvement of
  Children in Armed Conflict
• Refugee Law
• 1951 UN Convention and 1967 Protocol relating to
  the Status of Refugees

6
Adult Foreign Combatants and DDR Issues in Host
Countries

• Context Key agencies
• Key actions
• Coordination
• Advocacy
• Security screening and identification of foreign
  combatants
• Methods of identifying foreign combatants
• Self-identification
• Appearance
• Security screening questions and luggage searches
• Identification by refugees and local communities
• Perpetration of cross-border armed incursions and
  attacks
• Separation from civilians
• Disarmament
• Demobilization

7

• Key actions (Cont.)
• Internment
• Nature of
• Standards of
• Third Geneva Convention
• Additional Protocol II

• Possible assistance by the international
  community to support host countries in internment
  initiatives
• Food
• Health care
• Non-food items
• Registration and documentation
• Skills training
• Recreation
• Re-establishing family links
• Monitoring
• Host communities

8

• Key actions (Cont.)
• Internment (Cont.)
• Nationality issues
• Considerations relating to female combatants
• Redressing incorrect internment decisions
• Exit strategies
• Mercenaries a special case
• Definition
• Issues concerning mercenaries

9
Foreign Children Associated with Armed Forces and
Groups and DDR Issues in Host Countries

• Context Key agencies
• Key actions
• Agreement with host country government on status
  and treatment of foreign children associated with
  armed forces and groups
• Identification of children among foreign
  combatants
• Separation of foreign children associated with
  armed forces and groups
• Demobilization, rehabilitation and reintegration
• Prevention of military recruitment
• Specific needs of girls

10
Civilian Family Members or Other Dependants of
Combatants and DDR Issues in Host Countries

• Context Key agencies
• Key actions
• Providing safe asylum and accommodation
• Maintaining family links with foreign combatants
• Preserving the civilian and humanitarian
  character of asylum

11
Cross-border Abductees and DDR Issues in Host
Countries

• Context Key agencies
• Key actions
• Identification, release, finding durable
  solutions
• Eligibility for DDR
• Issues relating to women and girls
• Local integration and empowerment
• Re-establishing family links

12
Planning for Foreign Combatants Voluntary
Repatriation and Incorporation in Cross-Border
DDR Operations

• Regional dimensions to be taken into account in
  setting up DDR programmes
• Repatriation agreements
• Information and sensitization campaigns
• Identification of foreign combatants and
  disarmament

• Voluntary repatriation
• Promotion of family unity during repatriation
• Repatriation movements
• Considerations relating to foreign children
  associated with armed forces and groups

13
Foreign Combatants and DDR Issues Upon Return to
the Country of Origin

• Assurances upon return
• legal security
• physical security
• material security
• Incorporation in DDR programmes
• Reintegration

14

• Monitoring
• Non-discrimination
• Amnesties and guarantees
• Respect for human rights
• Access to land
• Property recovery
• Protection from landmines and unexploded
  ordnances
• Protection from stigmatization

15
Foreign Former Combatants Who Choose Not to
Repatriate Status and Solutions

• Refugee status
• Durable solutions
• Repatriation
• Local integration
• Resettlement
• Conducting refugee status determination
• Timing and sequence of applications for refugee
  status
• Requirements for refugee status for foreign
  former combatants
• Genuine and permanent renunciation of military
  activities
• Exclusion from refugee protection

16

• Foreign former combatants who are accorded
  refugee status
• Foreign former combatants who are excluded from
  protection as refugees
• Foreign former combatants who do not meet the
  criteria for refugee status and are not in need
  of international protection

17
Conclusion

• International law framework
• Treat the various population groups involved in
  cross-border movements, both in host countries
  and countries of origin, in accordance with
  applicable international law.

18
Conclusion (cont.)

• Inter-agency framework
• No single agency has the sole mandate for issues
  relating to cross-border movements of combatants,
  but all have an interest in ensuring that these
  issues are properly addressed and that States
  abide by their international obligations.
• Therefore DDR-related processes (identification,
  disarmament, separation, internment,
  demobilization, repatriation/other durable
  solutions and reintegration of combatants, as
  well as building state capacity in host countries
  and countries of origin) must be addressed within
  an inter-agency framework.

19
Conclusion (cont.)

• Regional dimensions of DDR
• Regional dimensions should be properly addressed
  in designing and implementing DDR programmes.
• DDR programmes should be open to all combatants
  who have taken part in a conflict, regardless of
  their nationality and whether or not they have
  crossed an international border.
• Close cooperation and linkages should be
  established between all DDR programmes in a
  region to ensure programming coherence.