Protection of IDPs The legal framework

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Protection of IDPsThe legal framework

• Michele Cavinato
• UNHCR Uganda
• Entebbe 21 April 2008

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The Legal Framework

• United Nations Guiding Principles 1998
• Non binding
• Reflect and are consistent with HR Law and IHL

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Five Sections

• Introduction
• Section I. General Principles
• Section II. Protection From Displacement
• Section III. Protection During Displacement
• Section IV. Humanitarian Assistance
• Section V. Return, Resettlement and Reintegration

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Introduction

• IDPs 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
• natural or human-made disasters
• and who have not crossed an internationally
  recognized State border.

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Section I. General Principles

• Non discrimination with other citizens
• National authorities have the primary
  responsibility to provide protection and
  humanitarian assistance to IDPs.

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Section II. Protection From Displacement

• Prohibition of arbitrary displacement
• Exceptions
• Armed conflict
• security of the civilians
• imperative military reasons
• Large-scale development projects compelling and
  overriding public interests
• Disasters safety and health of those affected
  requires their evacuation
• A specific decision shall be taken by a State
  authority empowered by law to order such measures
  

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Section III. Protection During Displacement

• Right to life
• Right to dignity and physical, mental and moral
  integrity
• Right to liberty and security of person
• Prohibition of recruitment and use of child
  soldiers
• Freedom of movement
• Right to seek safety in another part of the
  country
• Right to leave their country
• Right to seek asylum in another country and
• Right to be protected against forcible return to
  or resettlement in any place where their life,
  safety, liberty and/or health would be at risk.

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Section III. Protection During Displacement

• Right to know the fate and whereabouts of missing
  relatives.
• Right to respect of his or her family life
• Right to an adequate standard of living
• All wounded, sick and persons with disabilities
  shall receive medical care
• Right to recognition everywhere as a person
  before the law
• No one shall be arbitrarily deprived of property
  and possessions
• not be discriminated against as a result of their
  displacement
• the right to education

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Section IV. Humanitarian Assistance

• The primary duty and responsibility lies with
  national authorities
• International humanitarian organizations have the
  right to offer their services in support of IDPs

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Section V. Return, Resettlement and Reintegration

• Three Durable Solutions
• Return to the place of origin
• Local integration in the areas in which IDPs
  initially took refuge
• Settlement in another part of the country

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Section V. Return, Resettlement and Reintegration

• It is the primary duty and responsibility of
  national authorities to establish conditions, as
  well as provide the means, to achieve durable
  solutions

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• IDPs isnt a legal status
• Natural Disaster
• Within the boundaries of IDPs country
• No cessation clause