From Responsibility to Response: Assessing National - Brookings

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CHAPTER 2 Case Studies: Georgia, Kenya, Afghanistan and Sri Lanka criminal offense under the Penal Code of Afghanistan. 50 Although these provisions are clearly intended to protect against trespassing and confiscation of property, not arbitrary displacement, they can contribute in a limited manner to the development of a more comprehensive protection framework that deters acts associated with displacement and provides a remedy to those who have been forcibly evicted and separated from their property without a basis in law. These provisions, however, are not strengthened by the prohibition of acts of arbitrary displacement or similar crimes. Afghan IDPs who have lost or who are denied documentation, such as national identity cards (tazkera) or birth certificates, may be excluded from health care, education, pensions and other social benefits. The Constitution does not explicitly guarantee the right of legal personality, although it does recognize the inherent right of all Afghans to citizenship. 51 Legal personality is recognized by the Civil Code, which also provides for the registration of Afghan male citizens and the issuance of a national identity card that contains personal and family information along with place of residency, occupation, and military service status; registration is mandatory for all men but reportedly is optional for women. 52 This document, which typically is issued by the local population registration department of the Ministry of Interior, serves as an Afghan citizen’s primary form of identification and means of accessing legal entitlements. 53 According to the Law on Registration of Population Records, which regulates issuance of the tazkera as well as birth and death certificates, when a 50 Article 431, Penal Code of Afghanistan. 51 Article 28, Constitution of the Islamic Republic of Afghanistan. 52 See Article 36 and 47, Civil Code. Articles 51–54 regulate residency and appear to define criteria for establishing and confirming residency but complete English language translations of these provisions are not readily available. 53 Mobile registration units have reportedly been established in other government buildings and courts. For more information on the tazkera, see “Frequently Asked Questions: National Identification Cards,” United Nations High Commission for Refugees (UNHCR), May 2005, available at: www.unhcr.org/4497b1c12.pdf. 268 person seeking to obtain a tazkera and other documents is no longer in his place of normal residence, an application may be submitted to the local registration department. 54 This type of facilitated procedure is essential to ensuring that IDPs enjoy a legal relationship to the state and can realize their rights and freedoms under the law. Property and land rights of IDPs are either specifically addressed or generally implicated by substantive and procedural provisions found in a series of executive acts issued since 2001. 55 Presidential Decree No. 104 on Land Distribution for Settlement to Eligible Returnees sets forth a basic framework for distributing government land to IDPs and returnees as a means of addressing their needs for shelter; however, it does not recognize other rights or needs of IDPs. 56 It requires IDPs seeking access to land to provide a national identity card and documentation proving internal displacement status—a requirement that excludes most IDPs because they do not have the necessary documentation. In practice, the decree has not proven effective in guaranteeing the land and property rights of IDPs in a meaningful way. 57 54 Article 5, Law on Registration of Population Records, 1955. (Efforts to confirm existence of a more recent version of this law or other instruments regulating issuance of population records were unsuccessful.) 55 For a comprehensive and in-depth discussion of Afghan property and land rights, see Conor Foley, Guide to Property Law in Afghanistan, Norwegian Refugee Council, 2005. See also Sheila Reed and Conor Foley, Land and Property: Challenges and Opportunities for Returnees and Internally Displaced People in Afghanistan, Norwegian Refugee Council, June 2009; Liz Alden Wily, Policy Brief: Land and the Constitution, Afghan Research and Evaluation Union, August 2003. 56 Decree of the President of the Islamic Republic of Afghanistan on Land Distribution for Settlement to Eligible Returnees and Internally Displaced Persons, No. 104 (6 December 2005). 57 See Reed and Foley, Land and Property: Challenges and Opportunities for Returnees and Internally Displaced People in Afghanistan, p. 6.
Afghanistan Internal Displacement in Afghanistan: Complex Challenges to Government Response 6. Develop a National Policy on Internal Displacement Has the national government adopted a policy or plan of action to address internal displacement? To date, the Afghan government has not adopted a policy or plan of action focused specifically on internal displacement or protection of the human rights of IDPs. 58 While national authorities had developed policies, including the Draft Regional Operational Plan for the south of the country in 2003 and the National IDP Plan and Policy in 2005, these instruments are defunct. 59 However, one of the key strategies of the Afghanistan National Development Strategy for 2008–2013 lays the foundation for a basic framework to address the situation of IDPs, refugees and returnees. In 2003, the Ministry of Rural Rehabilitation and Development (MoRRD), Ministry of Refugees and Repatriation and the Ministry of Frontiers and Tribal Affairs (MoFTA) drafted the Regional Operational Plan for achieving durable solutions for IDPs in the south of the country, focusing on return. The plan foresaw the provision of direct support by the governors of Kandahar and Helmand and oversight by the Consultative Group on Returnees and IDPs. The plan aims to identify activities that could lead to durable solutions for IDPs within a three-year period, yet the plan itself “does not stretch beyond 2004,” in recognition of the need to reassess and engage in additional dialogue before developing a final plan, especially given the security situation and other external factors that could constrain its implementation. 60 One of the plan’s principles was that “the UN Guiding 58 The Transitional Islamic State of Afghanistan adopted the National Return, Displacement, and Reintegration Strategy in March 2003, but the instrument has expired. 59 Key informant interview, July 2011. 60 Ministry of Refugees and Repatriation and Ministry of Rural Development and Rehabilitation, Towards Definite Solutions for IDPs in the South: A Regional Operation Plan, October 2003, p. 2 (www.internal-displacement.org). 269 Principles on Internal Displacement are to be adhered to by the Afghan State to promote and seek permanent solutions for IDPs.” 61 The plan foresaw the development of other regional plans to address internal displacement and the inclusion of the plan in the national budget; it also included a Terms of Reference for an international adviser to assist in the plan’s implementation. In 2005, the Consultative Group on Returnees, Refugees, and IDPs endorsed the National IDP Plan and Policy, which emphasized durable solutions and affirmed the government’s responsibility to address internal displacement. 62 This group was reportedly the mechanism that facilitated coordination between the government and the United Nations as of April 2003. The National IDP Plan and Policy was an initiative of the MoRRD, the MoRR, and the MoFTA and was supported by UNHCR, the UN Development Programme, the World Food Programme and the UN Assistance Mission in Afghanistan. 63 The consultative group also agreed to respect the Guiding Principles. 64 Under the economic and social development pillar of the Afghanistan National Development Strategy for 2008–2013, the Afghan government adopted the Refugee Return and IDP (RRI) sector strategy. The RRI strategy was also affirmed in Kabul at the International Conference on Return and Reintegration in November 2008. 65 The RRI strategy, which emphasizes the return 61 Ibid., p.3. 62 UNHCR, National Profile of Internal Displaced Persons (IDPs) in Afghanistan, p. 6. 63 Pete Spink, “A Closing Window? Are Afghanistan’s IDPs Being forgotten?” Forced Migration Review, no. 21, September 2004. 64 Transitional Islamic State of Afghanistan, National Return, Displacement and Reintegration Strategy for the Year 1382 [2003]. March 2003 (http://reliefweb.int/node/409885). 65 Islamic Republic of Afghanistan, Afghanistan National Development Strategy Secretariat, Afghanistan National Development Strategy 1387–1391 (2008–2013): A Strategy for Security, Governance, Economic Growth and Poverty Reduction, June 2008, pp. 129–33 (www. embassyofafghanistan.org/documents/resume_ANDS. pdf); UNHCR, Afghanistan Situation Operational Update,
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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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North Darfur, Sudan/ A woman collec
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CHAPTER 2 Case Studies Georgia, Ken
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Georgia From Solidarity to Solution
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Page 235 and 236: Georgia From Solidarity to Solution
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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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From Responsibility to Response: Assessing National - Brookings

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