The internally displaced persons are those who, in order to avoid the effects of armed conflict, situations of generalized violence, human rights violations or natural or human-made disasters, have been forced or obliged to leave their homes or places of habitual residence without crossing an internationally recognized borders. Because of the displacement, these people are living in vulnerable situations: they are at high risk of physical attack, sexual assault and abduction, they are often deprived of adequate shelter, food and health services and, as a consequence, they suffer higher rate of mortality than the general population.
Women and children form the majority of the internally displaced persons. Because they tend to remain close to or become trapped in zones of conflict, the internally displaced people are at risk of being used as pawns, targets or human shields by the belligerents. As the internally displaced persons have not crossed an internationally recognized border, they are not considered as refugees and thus do not have a special status in international law with rights specific to their situation. However, like all human being, they are entitled to the human rights that are articulated by international human rights instruments and customary law. In situations of armed conflict, moreover, they enjoy the same rights as other civilians to the various protections provided by international humanitarian law.
The Guiding Principles on Internal Displacement are a compilation of existing international human rights and humanitarian law germane to the internally displaced people. This guideline also attempts to clarify gray areas and gaps in the various instruments with regard to situations of particular interest to the internally displaced. According to the first principles, arbitrary displacement in the first instance is prohibited.
The internally displaced people retain a broad range of of economic, social, cultural, civil and political rights, including the right to basic humanitarian assistance (such as food, medicine, shelter), the right to be protected from physical violence, the right to education, freedom of movement and residence, political rights such as the right to participate in public affairs and the right to participate in economic activities. Displaced persons also have the right to assistance from competent authorities in voluntary, dignified and safe return, resettlement or local integration, including help in recovering lost property and possessions. When restitution is not possible, the Guiding Principles call for compensation or just reparation.
The Governments of the states where internally displaced people are found have the primary responsibility for their assistance and protection. The international community's role is complementary. At the international level, no single agency or organization has been designated as the global lead on protection and assistance of internally displaced persons. Rather, all are called upon to cooperate with each other to help address these needs pursuant to the "collaborative approach".
The Special Rapporteur was appointed by the Office of the High Commissioner of Human Rights in order to raise awareness of the internally displaced people (IDP) rights issues, promote and disseminate the Guiding Principles on Internal Displacement at the national, regional and international levels, undertake country missions, organize seminars, provide support for capacity building of NGOs and other relevant institutions, and conduct policy-oriented research.
The areas of activities of the Special Rapporteur are:
a)Promoting Respect for the Human Rights of the Internally Displaced through advocacy: in order to raise awareness on and enhance the protection of the human rights of IDPs and address violations of their human rights, the Special Rapporteur engages in dialogue with Governments, international organizations, NGOs and other non-state actors either through personal and written contact or through public statements.
Disseminating the Guiding Principles on Internal Displacement: in order promote awareness of and dialogue about these principles, the Special Rapporteur supports their translation and wide dissemination and engages in convening seminars with governments, international organizations, regional bodies and NGOs.
Promoting National Policies and Laws on Internal Displacement: the Special Rapporteur plans to develop a domestic policy-maker’s handbook in order to assist Governments in the developing of national laws and policies. This handbook will define the elements that should be addressed in a national legal or policy framework on internal displacement.
Deepening understanding about IDPs’ Rights: a new course on the law relating to internal displacement has been organized at the International Institute of Humanitarian Law in San Remo. High-level military and civil Government official attended this course from different parts of the world. The Special Rapporteur also sponsors research into the implication of particular provisions of the Guiding Principles (such as those concerning property rights, political participation, return and resettlement, and displacement by natural disasters or development projects) and how they best can be translated into policy.
b)Dialogue with Governments, Non-Governmental Organizations and Other Actors
Undertaking Country Missions: the Special Rapporteur undertakes 2-3 country visits each year to inquire into the human rights and protection issues of IDPs with relevant authorities, civil society, international actors and IDPs themselves and to develop recommendations for solving ongoing problems. The country visits are an important part of the mandate as they provide a means for assessing the extent to which the protection needs of the internally displaced are being met in specific situations and for engaging with Governments, non-state actors, international and local humanitarian agencies, local civil society, displaced persons, and other interested actors.
Engaging in Dialogue with Government Representatives: the Special Rapporteur engages in dialogue with Government representatives while on country visits as well as with diplomatic representatives in New York, Geneva, and in regional and other fora.
Convening National Seminars: in order to bring together Government representatives, civil society, international and regional bodies to develop an effective national response, the Special Rapporteur convenes or supports national seminars in affected countries. The Representative also convenes meetings in other venues to focus attention on specific situations and issues of internal displacement.
Supporting National Human Rights Institutions: the Special Rapporteur encourages national human rights institutions to integrate internal displacement into their work through technical assistance and other support. He collaborates with the Office of the High Commissioner for Human Rights, the Asia Pacific Forum of National Human Rights Institutions and the Norwegian Refugee Council Global IDP Project). The Special Rapporteur is seeking to expand such efforts to institutions in other parts of the world, particularly in Africa and Latin America.
Engaging Non-State Actors: the Special Rapporteur also seeks to engage non-state actors (armed groups) in a human rights dialogue and promote their compliance with the Guiding Principles on Internal Displacement.
Partnerships with Civil Society: the Special Rapporteur works with civil society partners around the world to support their efforts in promoting and protecting the rights of IDPs. Collaborative projects include: the development of studies, reports, handbooks and other materials on the rights of IDPs, including translations of the Guiding Principles into local languages; the organization of courses, lectures or workshops that raise awareness and enhance responses to internal displacement; supporting human rights monitoring by IDPs; and outreach campaigns on the rights of IDPs.
Giving a Voice to IDPs: in order to integrate the voice of the IDPs in the design of programs and initiatives on their behalf, the Special Rapporteur plans to hold consultations with IDPs to learn their views, provide information about the different tools and strategies available to support them, help forge links among IDPs in different countries and make their views better known internationally.
c)Strengthening the International Response to Internal Displacement by raising Human Rights and protection concerns at the International Level: in order to ensure the effectiveness of the international response to internal displacement, the Special Rapporteur draws attention to situations where existing protection arrangements would need to be enhanced, particularly through his mission reports and participation in the Inter-Agency Standing Committee and other inter-agency fora. He works closely with the United Nations Emergency Relief Coordinator and the Inter-Agency Internal Displacement Division of the Office for the Coordination of Humanitarian Affairs,* the United Nations High Commissioner for Refugees,* and other relevant agencies and organizations to identify solutions for addressing gaps in international responses to the rights and needs of IDPs.
Integrating IDP issues into the Work of Regional Organizations: in order to collaborate with these organizations, the Special Rapporteur supports the convening of regional seminars and the development of policies and programs to benefit IDPs.
d)Mainstreaming the Human Rights of IDPs in the UN System; strengthening Cooperation with OHCHR, Treaty Bodies and other Special Procedures: the Special Rapporteur engages in collaboration with the Commission on Human Rights’ country and thematic procedures to raise the visibility of IDP issues within the scope of their mandates and to encourage systematic attention to the issue by the human rights treaty bodies.
Integrating Attention to IDPs’ Human Rights into the Work of UN Agencies, Departments and Programs: the Special Rapporteur assists the relevant agencies, departments and offices of the UN to develop programs and policies in conformity with international norms and the needs of IDPs.
Inter-Agency Advocacy: the Special Rapporteur also engages inter-agency fora, including the Inter-Agency Standing Committee, to which he is a standing invitee, on specific country and thematic issues and concerns of IDP human rights. He also provides support when needed in the development of system-wide policies and procedures, such as on the development of benchmarks for “when displacement ends.”
The Representative submits annual reports to the Human Rights Council and the General Assembly
