From Responsibility to Response: Assessing National - Brookings

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CHAPTER 2 Case Studies: Georgia, Kenya, Afghanistan and Sri Lanka and reintegration of returnees to the exclusion of other durable solutions such as local integration or settlement elsewhere, states that it is geared toward the sustainable reintegration of “all Afghan refugees, returnees and IDPs choosing to return” and that return is the “guiding principle” of the strategy. The strategy further states that its vision includes paying greater attention to the protection of women and children, among other vulnerable groups of refugees and IDPs, but it stops short of providing specific policy guidance as to how to protect their rights in practice. To encourage voluntary return, the RRI strategy sets forth measures to encourage voluntary return in two main areas: the provision of housing, facilities, and access to land and social services such as employment opportunities, health care and education for IDPs; and improving government capacity. 66 While the RRI strategy does demonstrate the government’s commitment to meeting the Afghanistan Compact’s benchmark on protecting and assisting all IDPs, 67 the strategy and the Afghanistan National Development Strategy as a whole do not fully integrate a human rights perspective in their efforts to address the protection needs of IDPs. 7. Designate an Institutional Focal Point on IDPs Has the government designated a national focal point on IDPs? The Ministry of Refugees and Repatriation is the lead September 2009 (www.unhcr.org/4ac49fa39.html). 66 Government of the Islamic Republic of Afghanistan, Afghanistan National Development Strategy 1387–1391 (2008–2013). 67 This benchmark, which was adopted in February 2006, provides “[b]y end-2010, all refugees opting to return and internally displaced persons will be provided assistance for rehabilitation and integration in their local communities.” See Annex I, “Benchmarks and Timelines of the Afghanistan Compact,” London Conference on Afghanistan, 31 January–1 February 2006, p. 11. The Afghanistan Compact is a political document that sets forth the framework for international cooperation with Afghanistan for five years. 270 government ministry for conflict-induced IDPs. 68 The Afghanistan Natural Disaster Management Authority (ANDMA), a subministerial body responsible for coordinating emergency response and post-disaster recovery, coordinates short-term assistance for those affected and displaced by natural disasters. 69 Both bodies coordinate protection and assistance at the national level with other government bodies and international actors concerned with protection issues. They also work at the provincial level through their respective regional directorates. However, the MoRR and ANDMA lack the necessary resources, capacity and political clout to effectively realize their protection mandates. The designation of a lead ministerial focal point is a fairly recent phenomenon. According to the Deputy Representative for the UN High Commissioner for Refugees in Afghanistan in 2008, there was “no single agency that has responsibility for IDPs; however, the institutional response is better organized than previously.” The MoRR, ANDMA and the Ministry of Rural Rehabilitation and Development all “claim[ed] some jurisdiction” over IDPs, although the provincial governor’s office was often the government body that dealt with internal displacement issues in lieu of the national government. The deputy representative also noted that at the time, UNHCR had been working to establish an IDP task force. 70 That year, the National IDP Task Force was created, co-chaired by the MoRR and UNHCR. In April 2011, the IDP Data Management Working Group recommended that the MoRR designate an institutional focal point on internal displacement at the national level and the provincial level to facilitate and improve data collection efforts (see Benchmark 3). 68 Islamic Republic of Afghanistan, Afghanistan National Development Strategy 1387–1391 (2008–2013). 69 Brookings-Bern Project on Internal Displacement, Displacement and Security in Afghanistan, summary report of seminar, 23 June 2008 (www.brookings.edu/ events/2008/0623_afghanistan.aspx). 70 “Remarks by Ewen McLeod, Deputy Representative for the United Nations High Commissioner for Refugees in Afghanistan,” in Brookings-Bern Project on Internal Displacement, Displacement and Security In Afghanistan. .
Afghanistan Internal Displacement in Afghanistan: Complex Challenges to Government Response The National IDP Task Force works in coordination with regional IDP task forces based in Kandahar, Herat, and elsewhere in the country in addition to assisting other ad hoc, informal protection coordination mechanisms at the provincial level. Notably, the National IDP Task Force’s work plan, which is currently being implemented and monitored through the regional task forces, formally adopts the IDP definition set forth in paragraph 2 of the Guiding Principles on Internal Displacement. Following a May 2010 request by the National IDP Task Force to the Afghanistan Protection Cluster for guidance on assessing the protection needs of IDPs, the Afghanistan Protection Cluster issued the Protection Checklist: Internally Displaced Persons and the Guidance Note on Protection for the Internally Displaced: Causes and Impact by Sector in July 2010. 71 These tools serve to assist all actors, including the MoRR, national and regional IDP task forces, civil society organizations and international humanitarian organizations, in their protection and assistance activities for IDPs displaced by conflict and natural disasters. 8. Support NHRIs to Integrate Internal Displacement into Their Work Is there a national human rights institution (NHRI) that gives attention to the issue of internal displacement? Afghanistan’s national human rights institution is the Afghanistan Independent Human Rights Commission. 72 The AIHRC, which was established by a presidential decree of the interim administration in June 2002, became contitutionalized in 2004 and regulated by the Law on the Structure, Duties, and Mandate of the 71 Afghanistan Protection Cluster, Protection Checklist: Internally Displaced Persons, 22 July 2010; and Afghanistan Protection Cluster, Guidance Note on Protection for the Internally Displaced: Causes and Impact by Sector, 22 July 2010 (on file with authors). Both documents received by UNHCR in Kabul. 72 National Human Rights Institution Forum, Afghanistan (www.nhri.net/NationalData.asp?ID=127). 271 Afghanistan Independent Human Rights Commission in 2005. While the mandate of the AIHRC is to protect, monitor and promote the human rights of all Afghans, it includes a focus on women, children, and those with disabilities 73 and also monitors and reports on other vulnerable groups, including IDPs, refugees and returnees. 74 The AIHRC investigates complaints, monitors and reports on human rights abuses, advises the government and conducts workshops for government staff and civil society. The Kabul-based commission had thirteen other offices throughout the country at the time of writing. 75 Previously, the AIHRC was a member of the working group of the Return Commission of the North. Established in 2002 with UN, central government and northern faction representatives, the commission sought to facilitate the return of refugees and IDPs in the northwest. 76 Further information on the commission’s work beyond its study on returnees in 2003 was not available. 77 Through field monitoring, the AIHRC assesses the human rights and protection situation and needs of the vulnerable, including IDPs’ status, area of origin and 73 Article 58, Constitution of the Islamic Republic of Afghanistan, 2004. 74 UN General Assembly, Report of the UN High Commissioner for Human Rights on the Situation of Human Rights in Afghanistan and on the Achievement of the Technical Assistance in the Field of Human Rights, 9 September 2005 (www.unhcr.org/refworld/docid/43f30fbd0.html). 75 AIHRC (www.aihrc.org.af/english/). 76 Other members were representatives from the UN Assistance Mission in Afghanistan, the UN High Commissioner for Refugees and the Jumbesh, Jamiat, Hizb-e-Wahdat factions, 77 According to UNAMA, the commission was formed in October 2002. UNHCR also reportedly “inaugurated” it in March 2003. See further UNAMA, “Press Briefing by Manoel de Almeida e Silva, UNAMA Spokesman, 09 Feb 2003,” 9 February 2003 (http://reliefweb.int/node/118793); IRIN, “Afghanistan: UN High Commissioner for Refugees Inaugurates Return Commission,” 5 March 2003 (www. irinnews.org); IRIN, “Afghanistan: Focus on Returns and Reintegration in the North” (www.irinnews.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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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 237 and 238: Georgia From Solidarity to Solution
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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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