HRC50: The right to vote is at risk for millions of internally displaced people around the globe
The 50th Session of the Human Rights Council
13 June – 8 July 2022
Item 3 – Interactive Dialogue with the Special Rapporteur on the Human Rights of Internally Displaced Persons (IDPs)
28th June 2022
By Danya Al-Thani / GICJ
Executive Summary
At the end of her six-year position as Special Rapporteur on the Human Rights of Internally Displaced Persons, Cecilia Jimenez-Damary presented a report which focuses on the rights of internally displaced persons (IDPs) to vote and stand for public office. She opened the interactive dialogue, which took place at 10am on 28th June 2022 at the 50th Session of the Human Rights Council (HRC).
Ms Jimenez-Damary’s report focussed on her actions since the receipt of her mandate from resolution HRC 41/15. She specifically talked about the importance of the right to partake in elections and to vote, for IDPs, on an equal footing with other citizens. While such participation ensures that IDPs and their needs are considered by politicians, there are currently many barriers that IDP face when exercising their rights to vote. They may not be able to travel home, or register to vote in their host community, and therefore special measures are required to ensure their fair and equal participation. The report uses remote polling stations situated near IDP settlements, as one example of measures that could be implemented by states.
Ms Jimenez-Damary also highlights the importance of recognising that IDPs are not a homogenous group, but rather individuals, often with intersecting needs. The rights of women, children and persons with disabilities, for example, may interact with the accessibility of voting with certain groups, especially ethnic, religious or political minorities finding themselves victims of violence and prejudice when seeking political agency. Women may find themselves isolated from political agency. In her report she emphasises the important role of human rights monitoring, international law and organisations for overcoming these issues.
Following Ms. Jimenez-Damary's report, states engaged in an interactive dialogue. Unanimously, states and NGOs supported the right of IDPs to vote and called upon the international community to help bring an end to human rights violations against IDPs. Several representatives, including from the USA and the European Union noted that 7 million people have been displaced due to Russia’s military occupation of Ukraine, which they characterised as a crime of aggression. This highlights the importance of peacekeeping activities in reducing the number of people being forcibly displaced globally. The Philippines highlighted the difficulties facing the protection of the rights of IDPs in regions controlled by non-state groups and noted that this was not mentioned in the recommendations of the Special Rapporteur.
Geneva International Centre for Justice (GICJ) is deeply concerned that IDPs face major difficulties in participating in political life and calls upon the international community to monitor the protection of human rights for IDPs. GICJ is also alarmed at the escalation of internal displacement caused by violence and climate change and calls for international cooperation to prevent such occurrences and help afflicted states cope, in order to avoid mass migration events increasing the numbers of the internally displaced.
Background
On 28th June 2022, Cecilia Jimenez-Damary, the Special Rapporteur on the Human Rights of Internally Displaced Persons, submitted her report, which recounted activities undertaken in the last six years, in response to the mandate established under HRC resolution 41/15. This resolution extended the mandate of the Special Rapporteur for three years to address the complex problem of internal displacement and to work towards strengthening the international response. The resolution was introduced because the HRC was alarmed by the large number of IDPs and the challenges this creates for the people affected and their host communities. They requested that the Special Rapporteur particularly focus on analysing the root causes of internal displacement and consider preventative measures, while promoting comprehensive and inclusive strategies. Special consideration was also to be given to the specific needs of women and other groups, such as children, older and/or persons with disabilities and those suffering trauma.
Report of the Special Rapporteur
Coming towards the end of the three-year extension of her mandate as Special Rapporteur, Ms Jimenez-Damary’s report focussed on the rights of IDPs to participate in electoral processes; particularly the right to vote and to stand in elections. The report emphasises that states have the duty to protect the human rights of IDPs, including the right to participate in elections without discrimination, and on equal terms with other, non-displaced, citizens. The report also highlights that the participation of IDPs in elections strengthens the representativeness and legitimacy of governments.
Since IDPs may be unable to return to their place of origin to vote, and may lack the necessary documentation to register in their place of displacement, the report highlights the importance of accessible mechanisms, such as polling stations located near to areas hosting displaced people. She advises the human rights monitoring of elections, and the adoption of special measures to facilitate the participation of IDPs in the political life of their country.
The report also emphasises that IDPs are not a homogenous group and must therefore be treated as individuals with different intersecting needs and rights. For example, there are specific international laws and obligations relating to the rights of women, children, and persons with disabilities. These groups also have specific needs and challenges. These should be considered alongside the wider rights, needs and challenges of IDPs. For example, women and minority groups, whether ethnic, religious or political, often find themselves victims of persecution and inequality, which makes their participation more challenging. These groups are often subject to increased intimidation and violence to discourage them from voting. The report recommends that special measures should be put in place to ensure such groups are able to effectively and fully participate in political life. Without such special measures their needs may not be considered important by the elected representatives of the country.
The report also emphasises the rights of IDPs to housing, land and property and states that this remains a “glaring” issue in the rights of IDPs. Ms Jimenez-Damary has approached solutions to this issue through consultation with humanitarian organisations and specialist housing lawyers. Finally, she reaffirms the importance of international human rights, humanitarian law, and international institutions, in establishing and monitoring the provision of rights for IDPs as citizens and political agents in their own country.
The Special Rapporteur summarised the work that has been undertaken over the last 6 years, and the current situation and problems affecting IDPs today. She particularly highlighted the work, sponsored by Austria, Honduras and Uganda, which promotes multi-stakeholder engagement for the advancement, prevention, protection and solutions for IDPs. Such work has increased international attention to the complex problems of internal displacement. However, she stressed that internal displacement continues to be an alarming problem, with 59 million IDPs across the world at the end of 2021. Many of these people, whose lives have been devastated by armed conflict, violence or environmental disasters, are trapped in their displacement with few opportunities to rebuild their lives. Such people are disproportionately affected by the Covid-19 pandemic and climate crisis, and the future food shortage crisis hangs over these communities.
At the core of her mandate, Ms Jimenez-Damary has focussed on promoting the meaningful and effective participation of IDPs in the decision making that affects them. The majority of her report focuses on access to elections for IDPs, both as participants standing for election, and as voters. These rights are protected by international human rights law and are not lost when a person becomes internally displaced. Despite this, IDPs face numerous barriers to participation on a par with other citizens. Such disenfranchisement exacerbates the socio-economic marginalisation of IDPs by removing their ability to influence decisions that can impact their situation. She therefore stresses that states have a primary duty of protecting IDPs right to vote, without discrimination, and to take such measures to enable their participation. Such measures must take into account the fact that IDPs can be at increased risk of violence during the election process and many IDPs may face multiple intersecting forms of discrimination linked, for example, to their gender, ethnicity or religious affiliation, and therefore should not be treated as a homogenous group. She highlights that her report contains many examples and recommendations that can be adopted to improve the election participation of IDPs.
Interactive Dialogue
The representative of the Secretary State in the office of Human Rights of Honduras speaking on behalf of a group of countries voiced concern over IDPs facing significant obstacles in seeking to exercise their right to vote. They emphasised that citizen participation is vital to promote a strong democratic system, the rule of law and to strengthen the legitimacy of governance. They believe that the participation of IDPs in electoral processes is key for rebuilding countries affected by conflict and natural disasters as IDPs have a legitimate interest in participating in the governance of decision making that affect them directly. They welcomed the recommendations from the Special Rapporteur that States should analyse electoral mechanisms to ensure the full participation of IDPs.
The EU representative stressed their deep concern about IDPs fuelled by both new and protracted conflicts. The EU also stated that over 7 million IDPs had resulted from the unprovoked, unjustified, and illegal Russia aggression against Ukraine. They also emphasised that persons with disabilities, women, and children are the most vulnerable in internal displacement, facing discrimination and sexual gender-based violence. Therefore, the EU encourages all states, international organisations, and donors to give due consideration to the recommendations contained in the report.
The representative of Austria, on behalf of a group of countries, affirmed their opinion that IDPs should not be neglected or denied the right to participate in electoral processes. They urge all states to address and support the renewal of this mandate during the current session.
The representative of Jordan on behalf of other Arab states, also expressed agreement that IDPs should be able to preserve their civil, political, economic, social, and cultural rights. They emphasised the responsibilities of states to facilitate the participation of IDPs in the electoral process and to continue providing support, protection, and humanitarian aid to its civilians, especially offering safety nets for women and persons with disabilities. In response, they called on the international community to stand in solidarity.
The representative of Mozambique, on behalf of the Community of Portuguese Language Countries (CPLP), thanked the Council and urged all parties to cooperate with the work of the Special Rapporteur, by providing access for IDPs to participate in electoral processes. IDPs can have their human rights undermined; therefore, it must be ensured that States provide them with an equal footing during electoral processes. The CPLP emphasised the importance of the participation of IDPs in political affairs, including exercising the rights to vote and stand in elections, as they believe this will allow IDPs to be represented in the decision-making process that affects them.
The representative of Côte d'Ivoire, on behalf of the African states, remains concerned about the high number of IDPs facing various forms of discrimination. The African states have also addressed the problems of IDPs being stripped of their rights during election processes within their own countries. They called on states to support the civil and political right of IDPs to vote without discrimination. They stressed the importance of implementing electoral rights to achieve a strong and lasting solution for IDPs and to help foster the legitimacy of governments.
The representative of Japan highlighted their concern about the lack of effort made by the international community as the number of IDPs continues to increase. They mentioned the impact of COVID-19, natural disasters, and armed conflict as reasons for the rapid increase. Moreover, they also noted that IDPs face several risks, such as trafficking, abuse, and exploitation.
The representative of Libya expressed support for IDPs to be entitled to the same electoral rights as other citizens of a given State. They strive to uphold the IDPs right to vote and run as candidates, providing them with all the means needed to register on electoral lists.
The representative of Mexico was concerned about the increased human rights violations towards IDPs. They continue to support the effort required to protect victims of such violations, especially the most vulnerable groups. Mexico has been an active member in combating internal displacement and encourages the Special Rapporteur in implementing its recommendations, particularly addressing internal displacement in the system.
The representative of the Philippines thanked the Special Rapporteur for citing the Philippines' governmental efforts in ensuring IDPs can exercise their right to vote and establishing new polling stations in areas of protected displacement. Prior to the last elections, strong typhoons forced communities to stay in evacuated centres creating the need for makeshift election precincts. In the Philippines, several indigenous peoples have been displaced by non-state actors. They noted the difficulties for electoral participation in areas controlled by non-state groups and that although this was cited in the body of the Special Rapporteur’s report, it was not included in the recommendations.
The representative of the United States expressed concern about the increasing trend of forced displacement across the world, primarily due to conflict and violence. They stated that this is a global problem affecting people in all regions. The delegate emphasised that Russia’s brutal, full-scale invasion of Ukraine has displaced over 7 million civilians internally, as buildings and critical infrastructure continue to be destroyed across the country. Furthermore, the United States reiterated that certain regions, such as Myanmar and Afghanistan, now hosted triple the number of IDPs. They applaud all efforts to achieve the peace that will reduce the forced displacement of persons wherever possible. Although peace may improve access to humanitarian assistance and protection of IDPs, they also emphasised the need for durable solutions, including the commitment to overcome discrimination and protect their rights. They asked the Special Rapporteur to consider how the international community can better incorporate local governments and civil society into assistance and protection for IDPs.
Various NGOs and National Human Rights Institutions informed the Council that the number of IDPs has been increasing rapidly due to conflict and climate change. IDPs often face significant obstacles in seeking to exercise their right to vote, due to various barriers including a political desire to hinder IDPs electoral participation. Furthermore, by failing to allow IDPs to exercise their right to vote, states frequently violate existing international commitments. An emphasis was placed on IDPs facing a number of practical obstacles such as residency requirements, documentation issues and lack of access to voting procedures. As a result of this, IDPs mostly end up disenfranchised and marginalised. NGOs also noted the multiple forms of discrimination faced by vulnerable groups such as women, children and persons with disabilities who suffer all kinds of inequalities and face heightened risk of sexual violence and human trafficking.
The Special Rapporteur responded to the speakers by emphasising the importance of international law, and of developing a comprehensive approach to the rights of IDPs to avoid future human rights violations. She also acknowledged the problem of the presence of non-State armed groups who do not necessarily feel pressure to comply with international humanitarian law, stressing that also in these conditions, IDPs should be treated as citizens and political agents. Non-state armed groups must be held accountable under international law for upholding the rights of IDPs. She also emphasised the importance of intersectionality when approaching the rights of IDPs, rather than treating them as a homogenous group noting that women, persons with disabilities, children and other groups also have specific needs and rights. Finally, she reiterated the importance of peacekeeping and prevention resolving displacement in the first place.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) is deeply concerned that IDPs face major barriers when participating in political life. GICJ believes more must be done to address human rights violations IDPs are subject to, including their rights to vote and stand for election. Such interventions must consider the specific needs of individuals and groups to ensure that all IDPs are able to contribute to political life equally. GICJ welcomes the report of Ms Jimenez-Damary and supports the expansion of human rights monitoring. We call upon states to ensure that IDPs are able to exercise their rights to vote and stand in elections. We also implore states to ensure the inclusion of IDPs in host communities without prejudice. In addition, GICJ remains concerned about the devastating effects of climate change and violent conflict that is forcing people to internal displacement. We therefore call on the international community to share resources and support struggling States to prevent future IDP catastrophes.
Internally Displaced Persons, IDPs, HRC50, Special Rapporteur, Interactive Dialogue, Violence, Right to Vote, Elections, HRC50th, Human Rights, Human Rights Council, Justice, Geneva, GICJ, Geneva International Centre for Justice, Geneva4Justice
