From Responsibility to Response: Assessing National - Brookings

More documents

Recommendations

Info

Iraq / Kirkuk/ A displaced girl in Qadesia holds her grandmother’s hand. The village, which is located 20 kms away from Kirkuk, comprised 160 Arab local families as well as 100 displaced families, mainly from Arab (Sunni) origin. They were displaced from Salahaddin governorate in 2006. Photo: UNHCR / H. Caux / September 2010 Refugee camp, Myanmar.
It is a central tenet of international law that states bear the primary duty and responsibility to protect the fundamental rights and freedoms of persons within their borders, including the internally displaced. While internally displaced persons (IDPs) remain entitled to the full protection of rights and freedoms available to the population in general, they face vulnerabilities that nondisplaced persons to not face. Therefore, in order to ensure that IDPs are not deprived of their human rights and are treated equally with respect to nondisplaced citizens, states are obligated to provide special measures of protection and assistance to IDPs that correspond to their particular vulnerabilities. Reflecting these key notions of international law, the rights of IDPs and obligations of states are set forth in the Guiding Principles on Internal Displacement (hereafter, “the Guiding Principles”). Using the Guiding Principles as a departure for analysis, this study examines government response to internal displacement in fifteen of the twenty countries most affected by internal displacement due to conflict, generalized violence and human rights violations: Afghanistan, the Central African Republic, Colombia, the Democratic Republic of the Congo, Georgia, Iraq, Kenya, Myanmar, Pakistan, Nepal, Sri Lanka, Sudan, Turkey, Uganda and Yemen. The analysis seeks to shed light on how and to what extent, if any, governments are fulfilling their responsibility toward IDPs, with a view to providing guidance to governments in such efforts. In so doing, this study also seeks to contribute to research and understanding regarding realization of the emerging norm of the “Responsibility to Protect.” To frame the analysis, the introduction to this volume examines the connections among the concepts of national responsibility, “sovereignty as responsibility” and the “Responsibility to Protect” (R2P). The comparative analysis across the fifteen countries, presented in chapter 1, is based on a systematic application of the document Addressing Internal Displacement: A Framework for National Responsibility (hereafter, “Framework for National Responsibility,” “the EXECUTIVE SUMMARY xi Framework”). Seeking to distill the Guiding Principles, the Framework outlines twelve practical steps (“benchmarks”) that states can take to directly contribute to the prevention, mitigation and resolution of internal displacement: 1. Prevent displacement and minimize its adverse effects. 2. Raise national awareness of the problem. 3. Collect data on the number and conditions of IDPs. 4. Support training on the rights of IDPs. 5. Create a legal framework for upholding the rights of IDPs. 6. Develop a national policy on internal displacement. 7. Designate an institutional focal point on IDPs. 8. Support national human rights institutions to integrate internal displacement into their work. 9. Ensure the participation of IDPs in decisionmaking. 10. Support durable solutions. 11. Allocate adequate resources to the problem. 12. Cooperate with the international community when national capacity is insufficient. Although the Framework has been used extensively in training and awareness-raising since it was developed by the Brookings-Bern Project on Internal Displacement in 2005, this is the first time it has been used as an assessment tool. The study also includes four in-depth case studies in which the Framework is applied—Georgia, Kenya,
Page 1 and 2: The Brookings Institution - London
Page 3 and 4: From Responsibility to Response: As
Page 5 and 6: CONTENTS Acronyms .................
Page 7 and 8: ACRONYMS AIHRC Afghanistan Independ
Page 9 and 10: FOREWORD It is with great pleasure
Page 11: ACKNOWLEDGMENTS Given the large num
Page 15 and 16: legislation relevant to IDPs. Still
Page 17 and 18: amend existing ones, in line with t
Page 19 and 20: Background and Aims of the Study In
Page 21 and 22: displacement persists for several y
Page 23 and 24: operationalizing the responsibiliti
Page 25 and 26: Therefore, it is not surprising tha
Page 27 and 28: Azerbaijani, Chinese, French, Portu
Page 29 and 30: National Initiatives In Iraq, IOM p
Page 31 and 32: of the country. 62 In addition, six
Page 33 and 34: in French and Spanish depending on
Page 35 and 36: serves only to supplant and absolve
Page 37 and 38: CHAPTER 1 Assessing National Approa
Page 39 and 40: Benchmark 1 Benchmark 1 Prevent Dis
Page 41 and 42: Benchmark 1 Prevent Displacement an
Page 49 and 50: Benchmark 2 Raise National Awarenes
Page 59 and 60: Conclusion Benchmark 2 Raise Nation
Page 61 and 62: Benchmark 3 Data Collection on Inte
Page 63 and 64:
—Current location and location of
Page 65 and 66:
its registration rolls intra-urban
Page 67 and 68:
and profiling of three types of IDP
Page 69 and 70:
the government of Afghanistan under
Page 71 and 72:
Benchmark 4 Training on the Rights
Page 73 and 74:
actions of DRC authorities and nong
Page 75 and 76:
the provision of technical support
Page 77 and 78:
Justice, National Cohesion and Cons
Page 79 and 80:
February 2010; one outcome of the t
Page 81 and 82:
Benchmark 5 Ensure a Legal Framewor
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Conclusion Benchmark 5 Ensure a Leg
Page 93 and 94:
Benchmark 6 Develop a National Poli
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Benchmark 7 Designate an Institutio
Page 107 and 108:
not necessarily influence such chan
Page 109 and 110:
Institutional mandate and responsib
Page 111 and 112:
this body include preparing “stra
Page 113 and 114:
lead state agency may turn to other
Page 115 and 116:
a division of functions being made
Page 117 and 118:
Benchmark 8 Benchmark 8 Support NHR
Page 119 and 120:
Benchmark 8 Support NHRIs to Integr
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Benchmark 9 Facilitate IDPs’ Part
Page 133 and 134:
The process of participation is gen
Page 135 and 136:
Georgia represents an especially in
Page 137 and 138:
about the national policy. 16 Sudan
Page 139 and 140:
and reinforce durable solutions. 27
Page 141 and 142:
was 12 million, or 62 percent of th
Page 143 and 144:
displacement. 52 In the run-up to t
Page 145 and 146:
vote is by no means consistent (for
Page 147 and 148:
Benchmark 10 Establish the Conditio
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Benchmark 11 Allocate Adequate Reso
Page 179 and 180:
also ordered the National Council f
Page 181 and 182:
In Sri Lanka, 16 it is difficult to
Page 183 and 184:
Conclusion As indicated in the intr
Page 185 and 186:
Benchmark 12 Cooperation with Inter
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
North Darfur, Sudan/ A woman collec
Page 195 and 196:
CHAPTER 2 Case Studies Georgia, Ken
Page 197 and 198:
Georgia From Solidarity to Solution
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237 and 238:
Page 239 and 240:
Page 241 and 242:
Page 243 and 244:
Page 245 and 246:
Page 247 and 248:
Page 249 and 250:
Kenya National Response to Internal
Page 251 and 252:
Page 253 and 254:
Page 255 and 256:
Page 257 and 258:
Page 259 and 260:
Page 261 and 262:
Page 263 and 264:
Page 265 and 266:
Page 267 and 268:
Page 269 and 270:
Page 271 and 272:
Page 273 and 274:
Page 275 and 276:
Page 277 and 278:
Afghanistan Internal Displacement i
Page 279 and 280:
Page 281 and 282:
Page 283 and 284:
Page 285 and 286:
Page 287 and 288:
Page 289 and 290:
Page 291 and 292:
Page 293 and 294:
Page 295 and 296:
Page 297 and 298:
Page 299 and 300:
Sri Lanka Gaps in the Government Re
Page 301 and 302:
Page 303 and 304:
Page 305 and 306:
Page 307 and 308:
Page 309 and 310:
Page 311 and 312:
Page 313 and 314:
Page 315 and 316:
Domestic Financing Foreign financin
Page 317 and 318:
Page 319 and 320:
This study seeks to shed light on h
Page 321 and 322:
CHAPTER 3 Translating National Resp
Page 323 and 324:
Page 325 and 326:
Page 327 and 328:
Page 329 and 330:
Page 331 and 332:
Page 333 and 334:
Page 335 and 336:
Page 337 and 338:
Page 339 and 340:
For each country case study, the ex
Page 341 and 342:
5 6 Ensure a Legal Framework for Up
Page 343 and 344:
9 9 a) Facilitate IDPs’ Participa
Page 345 and 346:
12 Cooperate with International Com
Page 347:
The Brookings Institution - London
show all

From Responsibility to Response: Assessing National - Brookings

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?