From Responsibility to Response: Assessing National - Brookings

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CHAPTER 2 Case Studies: Georgia, Kenya, Afghanistan and Sri Lanka miss the deadline for registration or their application is rejected for other reasons. Further, as noted above, the government no longer enforces these requirements in an effort to avoid fraud in the current program, which provides durable housing assistance, in some cases cash compensation, to IDPs currently living in substandard housing. Presumably for that reason, during the 2007 registration exercise IDPs were required to register only their 2004 address, even if they had since moved. IDPs living in private accommodations face additional barriers, as they must have permission of the owner of the property to notify the authorities of their actual residence. The lack of accurate residency data can create difficulties for IDPs in claiming their monthly IDP stipend or having their communal expenses covered if they live in a collective center. Moreover, having the wrong address registered risks preventing IDPs from participating in the privatization of collective centers which is currently under way, from being protected from eviction, and from obtaining compensation. 54 The data collected through IDP registration are limited to the personal details of IDPs. More detailed information on the living conditions of IDPs and their access to rights tends to be generated mostly by nongovernment sources: local and international NGOs, UNHCR and other UN offices, and researchers working in the country. 55 However, analysts note that those sources tend to offer only partial snapshots of specific issues or analysis based on very specific research questions and small samples of empirical data, so there is a paucity of comprehensive data. 56 In particular, the Internal Displacement Monitoring Center (IDMC) points out that additional, updated data are needed on the socioeconomic and health status of IDPs, including data comparing employment, health status and access to education of IDPs with the same information on the 54 Ibid., pp. 22–23. 55 See, for example, IDMC, “Sources,” IDPs in Georgia Still Need Attention: A Profile of the Internal Displacement Situation, 9 July 2009 (www.internal-displacement.org). 56 E-mail correspondence with staff of international NGO based in Georgia, May 2011. 190 nondisplaced population. 57 Moreover, data on number of households is not necessarily accurate. Especially considering the protracted nature of displacement, families have grown and expanded into second and even third generations of IDPs. While children born to IDPs have the right to be recognized as IDPs and granted IDP status under national legislation, the division of households beyond the original family unit registered needs to be taken into account; this is especially important for issues of allocation of adequate housing space. 58 There has been a persistent gap in data collection on the large numbers of IDPs living in private accommodations (living with host families or in rented flats or purchased homes)—more than half (55 percent in 2007; 61 percent according to May 2011 statistics)—as opposed living in the government-managed collective centers. The government flagged in the State Strategy for Internally Displaced Persons–Persecuted Persons the problem of lack of sufficient information about IDPs in private accommodations. To fill the gap, the strategy’s revised action plan of May 2009 provided for a survey of the conditions of IDPs in private accommodations. In 2009, a temporary expert group of the Steering Committee on IDP Issues (see Benchmark 6, below) developed a methodology for profiling IDPs in private accommodations. Pilot IDP profiling exercises have since been undertaken by UNHCR and NGOs in the areas of Samegrelo, Adjara and Tbilisi. 59 The Public Defender’s Office (see Benchmark 8) also was reported to be undertaking a survey of IDPs in private accommodations; 57 IDMC, “Georgia: Towards Durable Solutions for IDPs,” IDMC Briefing Paper, September 2010, pp. 3–4 (www. internal-displacement.org). 58 E-mail correspondence with representative of IDP association, June 2011. 59 UNHCR, Field Office Zugdidi, Report on Pilot Profiling: IDPs in Private Sector of Samegrelo and Adjara Regions of Georgia (November 2009); Danish Refugee Council (DRC), Survey Reports on Privately accommodated IDPs in the Samegrelo Region and Tbilisi: An Analysis of Housing Situations and Conditions as well as Durable Housing Solutions in Private Accommodation (Tbilisi: DRC and the Swedish International Development Cooperation Agency, January 2011).
Georgia From Solidarity to Solutions: The Government Response to Internal Displacement in Georgia findings and recommendations will be summarized in the Ombudsperson’s annual report, to be presented in fall 2011. That data collection efforts need to be expanded further is suggested by the analysis above and echoed by Amnesty International’s recommendation to the Georgian authorities that they collect disaggregated data through regular and comprehensive surveys to monitor IDPs’ realization of their rights. 60 The MRA has identified the need for more comprehensive data collection and improved data management to implement the state strategy and action plan. At the MRA’s request, USAID provided technical assistance to the MRA in 2009–10 to develop a comprehensive database on IDPs—including a case management system for individual concerns that IDPs register with the ministry—and to develop and implement a data collection and management strategy, with particular emphasis on improving data on internal displacement. 61 4. Support Training on the Rights of IDPs Has there been any training of the authorities on the rights of IDPs? Since at least the year 2000, government officials have participated in numerous training programs and seminars on the rights of IDPs and issues related to internal displacement. In May 2000, as part of the first visit to Georgia by the Representative of the Secretary-General on Internally Displaced Persons, a regional workshop on internal displacement hosted by the government raised awareness of the Guiding Principles on Internal Displacement among government officials as well as international and local stakeholders. In attendance from the government of Georgia were representatives not only 60 Amnesty International, In the Waiting Room: Internally Displaced People in Georgia, p. 48 61 Guy Hovey and Erin Mooney, Technical Assistance to the Ministry for Refugees and Accommodation, Phase III: January–July 2010, Report to USAID-FORECAST, July 2010; on file with the author. 191 of the MRA, including the Department for Ecological Migration, but also of the Ministries of Foreign Affairs, Health and Social Care, and Internal Affairs as well as the Office of the President, parliamentarians and regional line ministries of the Abkhazia government in exile. 62 In advance of the workshop, the RSG, together with UNHCR and the Office for the Coordination of Humanitarian Affairs, had arranged for the translation and publication in the Georgian language of the Guiding Principles on Internal Displacement. A translation into the Abkhaz language followed the RSG’s dialogue in May 2000 with the de facto authorities of Abkhazia. 63 Several training initiatives on the Guiding Principles followed the workshop. For instance, in November 2000, the Global IDP Project (now known as the Internal Displacement Monitoring Center) of the Norwegian Refugee Council (NRC) conducted a workshop on the Guiding Principles on Internal Displacement for local NGOs and state, regional and municipal authorities in the Kutaisi and Zugdidi regions, where there are high concentrations of IDPs. 64 In 2002, NRC Georgia developed and began using a training tool to explain the principles to IDP communities and local authorities. In 2006, senior staff of the MRA participated in a course on IDP law organized by the Representative of the Secretary-General on Internally Displaced Persons in Sanremo, Italy. Notwithstanding these training initiatives, in 2006 humanitarian field staff pointed out that there remained a lack of awareness among government officials of IDPs’ 62 Regional Workshop on Internal Displacement in the South Caucasus (Armenia, Azerbaijan, Georgia), Tbilisi, Georgia, May 10–12, 2000 (Brookings Project on Internal Displacement, Organization for Security and Cooperation in Europe, and Norwegian Refugee Council, 2000) (www.brookings.edu/~/media/Files/events/2000/0510_ caucasus/20000510_SummaryRpt.pdf). 63 See Brookings-LSE Project on Internal Displacement, “Guiding Principles on Internal Displacement” (www. brookings.edu/idp). 64 Global IDP Project, Workshop on the UN Guiding Principles on Internal Displacement, Borjomi, Georgia, 13–15 November, 2000 (www.internal-displacement.org).
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The Brookings Institution - London
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From Responsibility to Response: As
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CONTENTS Acronyms .................
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ACRONYMS AIHRC Afghanistan Independ
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FOREWORD It is with great pleasure
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ACKNOWLEDGMENTS Given the large num
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It is a central tenet of internatio
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legislation relevant to IDPs. Still
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amend existing ones, in line with t
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Background and Aims of the Study In
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displacement persists for several y
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operationalizing the responsibiliti
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Therefore, it is not surprising tha
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Azerbaijani, Chinese, French, Portu
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National Initiatives In Iraq, IOM p
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of the country. 62 In addition, six
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in French and Spanish depending on
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serves only to supplant and absolve
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CHAPTER 1 Assessing National Approa
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Benchmark 1 Benchmark 1 Prevent Dis
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Benchmark 1 Prevent Displacement an
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Benchmark 2 Raise National Awarenes
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Conclusion Benchmark 2 Raise Nation
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Benchmark 3 Data Collection on Inte
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—Current location and location of
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its registration rolls intra-urban
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and profiling of three types of IDP
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the government of Afghanistan under
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Benchmark 4 Training on the Rights
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actions of DRC authorities and nong
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the provision of technical support
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Justice, National Cohesion and Cons
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February 2010; one outcome of the t
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Benchmark 5 Ensure a Legal Framewor
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Conclusion Benchmark 5 Ensure a Leg
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Benchmark 6 Develop a National Poli
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Benchmark 7 Designate an Institutio
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not necessarily influence such chan
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Institutional mandate and responsib
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this body include preparing “stra
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lead state agency may turn to other
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a division of functions being made
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Benchmark 8 Benchmark 8 Support NHR
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Benchmark 8 Support NHRIs to Integr
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Benchmark 9 Facilitate IDPs’ Part
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The process of participation is gen
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Georgia represents an especially in
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about the national policy. 16 Sudan
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and reinforce durable solutions. 27
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was 12 million, or 62 percent of th
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displacement. 52 In the run-up to t
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vote is by no means consistent (for
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Benchmark 10 Establish the Conditio
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Kenya National Response to Internal
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Afghanistan Internal Displacement i
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Sri Lanka Gaps in the Government Re
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Domestic Financing Foreign financin
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This study seeks to shed light on h
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CHAPTER 3 Translating National Resp
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For each country case study, the ex
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5 6 Ensure a Legal Framework for Up
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9 9 a) Facilitate IDPs’ Participa
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12 Cooperate with International Com
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The Brookings Institution - London
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