NRC PROGRAMMES - Norwegian Refugee Council

Information, counselling and legal assistance (icla)Information, counselling and legal assistance (icla)Projects examples:ICLA seminar with government officials in North Kivu, DR Congo.Everybody is entitled to receive information.This is particularly relevant for displacedpersons to be able to make a free and informeddecision on the best solution for theirplight;Through legal assistance, ICLA facilitatesaccess to justice;As long as there is a link to displacement,ICLA pays special attention to housing,land and property rights, legal identity andthe rights associated to it, employment,pensions, family issues and protection tovictims of sexual and gender based violence;ICLA activities are responsive and participatory.MethodsDifferent methods can be used to deliverinformation and counselling to the displaced.Group sessions, drama or screening filmsare combined with individual counsellingsessions to assist the displaced to make aninformed choice in the best possible basis.Also, through these activities ICLA is ableto gather crucial information to adapt itsinterventions to needs in the best possibleway. Return monitoring is a specific methodused to gather accurate and first handinformation on conditions for return.Legal assistance is usually provided in twosteps: a brief advice when the recipient canbe expected to solve the issue by him orherself or a more extensive assistance, suchin-court representation, when the issuesrequire professional intervention.Legal actionNRC may pursue legal action through allrelevant local, national and internationallegal systems and mechanisms, includingcustomary law, conflict resolution, andmediation mechanisms and any otherprevalent systems of law – in addition tostatutory law and the courts.NRC may also choose to build the capacityof key local actors such as judges or civilservants, on human rights and legal issueslinked to displacement and durable solutions.CoordinationNRC will coordinate with UN agencies– UNHCR in particular – and internationalnon-governmental organizations. ICLAprojects will emphasize partnerships andcoordination to establish cross-border approachesin the country of exile and the countryof origin, or along internal axes of displacementfor IDPs to reach those groups that areoften isolated and marginal and have noaccess to access information and services.The general rule is that ICLA projects willbe implemented directly by NRC. This mayvary depending on the contextual factors,such as the presence of capable domesticorganizations or the need for an internationalpresence to ensure impartiality,independence and greater impact in policiesand legislation.NRC usually depends on acceptance ofits project activities by national authoritiesand generally seeks the cooperation ofnational and local government agencies.As already mentioned, ICLA projects areincreasingly offering capacity buildingassistance, often through training, tonational authorities.Land rights billboard, Liberia.Nepal – reaching out to IDPsICLA organises trainings and communitymeetings to create awarenessamongst IDPs and returnees of theirrights and duties as citizens, andabout their specific rights as IDPs toprotection and assistance. NRC lawyersand community mobilisers work inteams to identify vulnerable IDPs andtheir needs, and to give appropriateinformation and advice to individualson specific difficulties they face.Women’s property rights receive specificattention.Uganda – codifying customaryprinciplesICLA activities focus on supportingdispute resolution fora in both the statutoryand customary systems andexplore ways in which the two systemscan work together. In order to bringlegal certainty that allows for assertingthe rights of displaced persons,NRC has worked with representativesfrom government and traditional institutionsto codify customary principles.This was seen to be the most effectiveand economical response to ensuresome land rights were protectedduring the short timeframe availablebefore return took place.Afghanistan – working on landand property with customaryauthoritiesThe ICLA programme in Afghanistanprovides legal assistance only in civilcases and approximately 75-80% oflegal cases are disputes over ownershipand/or possession of land or property.Around 40% of cases are solvedthrough the courts, but the majority issolved through jirgas, shuras and privatemediation. NRC lawyers serve asadvocates and educators in both theformal and informal systems, by briefingcourt officials and jirga memberson relevant national, international andSharia law, and ensuring that decisionsare made according to proper standardsof evidence and procedure.ICLA has found that if the informalsystems are closely monitored, theycan be highly successful in resolvingland-related disputes, making decisionsthat are compatible with sharia, nationaland international law, enforcementand registration of those decisionswith the formal system and administeringagreements over land use.Sudan – using video to inform thedisplaced on conditions for returnICLA teams are collecting informationabout the conditions in towns andvillages in Southern Sudan. The informationis compiled in comprehensivepackages and delivered to IDPs inKhartoum and to refugees in Ugandacoming from those areas to facilitatethe best possible basis for a free andinformed decision on whether or notto return. The packages combine filmswith more conventional leaflets andmaterials. The films include testimoniesfrom authorities, returnees andpeople who never left. They provokeemotions among the displaced someof whom had to flee two decades ago.ICLA staff visits the locations togather the information, facilitatedebates among the groups and offerone-to-one counseling after the sessions.26 NRC CORE ACTIVITIES NRC CORE ACTIVITIES 27