From Responsibility to Response: Assessing National - Brookings

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CHAPTER 2 Case Studies: Georgia, Kenya, Afghanistan and Sri Lanka out. Afterward, a number of the IDPs protested that the housing that they were provided was located in a remote region in western Georgia with scant employment opportunities and no possibility for growing food for subsistence farming. They staged further demonstrations and set up camp outside the MRA, calling for the minister’s resignation; one IDP woman set herself on fire in protest and later died. 200 The first round of evictions, which was undertaken from June to August 2010 and affected 5,000 IDPs, also caused a widespread public outcry. The Public Defender pointed out that the process of evictions was marred by four main problems. First, the evictions were carried out in an “extremely limited” timeframe; on average, IDPs were given five days’ notice (delivered verbally) of the eviction; in some cases, they received notice only hours before the eviction. Second, there was a lack of information about the alternative housing on offer; observers report that in many cases IDPs were told that such information would be provided to them en route to the location. Third, while in some cases IDPs were informed in advance of possible alternative housing, the housing did not meet the agreed minimum standards for durable housing for IDPs. Fourth, according to the IDPs, the eviction process was carried out in a manner that was “very insulting”; verbal abuse was frequent and in some cases IDPs also were subject to physical abuse. 201 UNHCR voiced concern that the evictions “have not been undertaken with the necessary transparency or circulation of information.” 202 In response to these concerns, which also were communicated through representations by UNHCR to the prime minister, the government agreed in late August to a moratorium on evictions and stated that any further 200 Radio-Free Europe/Radio Liberty, “Self Immolation Incident Highlights Desperation of Georgian IDPs,” 29 October 2010. 201 Public Defender of Georgia, Report on Human Rights Situation of Internally Displaced Persons and Conflict- Affected Individuals in Georgia, p. 62. See also GYLA, State Policy on Internally Displaced Persons: A Deficiency Analysis, pp. 13–24. 202 UNHCR, “UNHCR Concerned over IDPs Eviction Process,” 2010. 220 evictions would proceed only after standards were developed, in partnership with the international community, to guide the process and protect IDPs’ rights. In October 2010, the Standard Operating Procedures on Vacation and Re-allocation of IDPs for Durable Housing Solutions were adopted by the steering committee. 203 The standing operating procedures on evictions outline the rights and obligations of all parties involved, based on existing national legislation. Observers point out that the procedures do not create additional guarantees for IDPs, nor do they address post-eviction issues, including issues associated with the location of alternative housing offered, such as access to employment opportunities and education. 204 A second round of such evictions took place in January 2011, affecting some 1,500 IDPs (some 500 families) from twenty-two buildings in Tbilisi. Generally, the second round was regarded as having shown marked “improvement” over the earlier round. In particular, IDPs were provided in advance with information on the specific assistance or alternative housing options for which they were eligible, the accommodation sites were prepared in advance, financial compensation was paid to those who were eligible and had submitted their application in a timely manner, and the use of disproportionate force was avoided. 205 While noting that “no major violations of international law or standards were observed,” UNHCR pointed out that there nonetheless remained “shortcomings” in the process, including not giving protection monitors full access to IDPs during the eviction process, communication gaps, and some disputes over the calculation of the amount of financial compensation. 206 Other observers were sharper in 203 The Standard Operating Procedures for Vacation and Reallocation of IDPs for Durable Housing Solutions (2010) (www.mra.gov.ge). 204 Caitlin Ryan and Lasha Gogidze, “IDP Evictions: Explaining the Real Issues,” 24 January 2011 (www.transparency.ge/en/blog/ pidp-evictions-%E2%80%93-explaining-real-issuesp). 205 UNHCR, “UNHCR Observations on the Resumption of the IDP Relocation Process,” 3 February 2011 (www. Civil.ge/files/files/2011/UNHCRstatement-ENG.pdf); “Statement of the Public Defender,” 21 January 2011 (www.ombudsman.ge); Amnesty International, Uprooted Again, 2011, p. 13. 206 UNHCR, “UNHCR Observations on the Resumption of
Georgia From Solidarity to Solutions: The Government Response to Internal Displacement in Georgia their criticism, in particular certain local NGOs and opposition politicians. 207 Amnesty International, in an in-depth report on the evictions published in August 2011, agreed that the process represented a “significant improvement” over the first round of evictions but also raised a number of concerns—including the lack of genuine consultation with the IDPs to be affected and failure to provide them with information about where they could raise concerns and complaints—and called for revision of the guidelines governing the eviction process. 208 The MRA issued a statement refuting those criticisms and asserting that there had been “a long-term consultation ongoing with IDPs about the relocation process; however, certain political groups interfered in their decisionmaking process and the social process has been politicized.” 209 Further evictions, in this case of IDPs from recognized collective center buildings of interest to private investors, are planned. In August 2011, the Public Defender called on the MRA to protect the rights and interests of IDPs in the process, denoting a number of specific actions expected in that regard. 210 The issue of restitution of housing, land and property left behind in IDPs’ place of origin also is essential to durable solutions to displacement, and it long has been an important and often a high-profile element of the national approach to resolving the situation of IDPs. the IDP Relocation Process.” See also “Statement of the Public Defender,” 21 January 2011. 207 “NGOs Condemn UNHCR Response to Georgia’s IDP Evictions,” Hurriyet Daily News and Economic Review, 18 February 2011 (referring to a statement issued by eight local NGOs) (www.hurriyetdailynews.com/n. php?n=ngos-condemn-unhcr-reponse-to-georgia8217sidp-evictions-2011-02-18). See also, “Georgia and IDPs: Homeless in Georgia,” Eastern Approaches Blog, The Economist, 4 February 2011 (www.economist.blogs/ easternapproaches/2011/02/georgia_and_idps). 208 Amnesty International, Uprooted Again, 2011, pp. 22-23. 209 “Reply by the Government of Georgia, Ministry of Internally Displaced Persons, Accommodation and Refugees to the Report by Amnesty International,” 5 August 2011 (mra.gov.ge/main/ENG#readmore/635). 210 “The Public Defender’s Statement Regarding the Planned Process of Displacement of IDPs in Tbilisi,’ 12 August 2011 (www.ombudsman.ge). 221 In 1994, the Cabinet of Ministers requested the State Insurance Company to calculate the damage suffered by IDPs. 211 Moreover, in 1999 the president of Georgia created a working group charged with recommending measures and drafing legal provisions to restore and protect the housing and property rights of refugees and IDPs. 212 Moreover, in 2006 President Saakashvili allocated several million U.S. dollars in discretionary funds to establish a program entitled “My House” for registering and substantiating claims for property, with the assistance of satellite imagery. 213 Though intended to secure IDPs’ property claims, the program proved to be an ineffective means for doing so because it was not adequately linked to the cadastral records. Also, although the program ostensibly was voluntary, some IDPs reported not being allowed to renew their IDP registration unless and until they submitted a claim under the program. 214 Specifically regarding South Ossetia, in 2007 the government of Georgia adopted the Law on Property Restitution and Compensation for the Victims of Conflict in the Former South Ossetian Autonomous District in the Territory of Georgia. 215 The law had been prepared as a peace-building measure through intensive consultations between the parties to the conflict and with input from 211 Resolution No. 900 of the Cabinet of Ministers of the Republic of Georgia, 31 December 1994. Cited by Chkeidze and Korkelia, in The Guiding Principles on Internal Displacement and the Law of the South Caucasus, edited by Cohen, Kälin and Mooney, p. 104. 212 Ordinance of the President of Georgia No. 294 on Measures of Restoration and Protection of the Housing and Property Rights of Refugees and Internally Displaced Persons, 30 April 1999. Cited in Chkeidze and Korkelia, in The Guiding Principles on Internal Displacement and the Law of the South Caucasus, edited by Cohen, Kälin and Mooney, p. 104. 213 Government of Georgia, Decree of the President No. 124 on Measures to Register the Rights to Immovable Property Located in the Abkhazian Autonomous Region and Tskhinvali Region, February 2006. 214 UNHCR, Gap Analysis, 2009, p. 23. 215 See Brookings-LSE Project on Internal Displacement, “National and Regional Laws and Policies on Internal Displacement: Georgia” (www.brookings.edu/projects/ idp/Laws-and-Policies/georgia.aspx).
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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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Benchmark 11 Allocate Adequate Reso
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also ordered the National Council f
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In Sri Lanka, 16 it is difficult to
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Conclusion As indicated in the intr
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Benchmark 12 Cooperation with Inter
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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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