From Responsibility to Response: Assessing National - Brookings

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3 4 Collect Data on Number and Conditions of IDPs Support Training on Rights of IDPs ANNEX Assessing the Exercise of National Responsibility: Indicators and Subindicators Do the national authorities collect data on the number and conditions of IDPs? If YES, assess: ■■ Content of data collected (# IDPs? Locations: in camps / with host families/ other settlements? Returnee #s?) ■■ To what extent are data disaggregated by age, gender, women/child heads of household and, if relevant, ethnicity or other characteristics? ■■ Do data categorize IDPs according to cause of displacement, i.e. conflict, disasters, development etc. ■■ Who collects and manages the data and how? Identify the competent authorities and the procedures. Are local and international organizations involved in data collection efforts? ■■ How often are data updated? ■■ Are the data (incl. numbers of IDPs) collected by the Government consistent with the data used by local NGOs and international agencies/NGOs, as a basis for programming? If there are discrepancies, specify on what issues. Has there been any training of the authorities on the rights of IDPs? If YES, assess: ■■ Content: Training on what issues (protection included? Guiding Principles?)? Phases? Causes of displacement? ■■ Audience: Branches of Government (Executive, legislative, judiciary?), Police? Military? National as well as local/regional authorities? ■■ Trainers: From Government? NHRI? Civil society? International organizations/NGOs? ■■ Initiative: Specify (if information available) -- Did Government request and organize training? Or was it a training initiated and organized by another actor (e.g. civil society, UN) but which Government officials attended? ■■ Duration and Frequency: How many days? How many trainings? ■■ Any documented follow-up to the training? 322
5 6 Ensure a Legal Framework for Upholding IDPs’ Rights Develop a National Policy on Internal Displacement ANNEX Assessing the Exercise of National Responsibility: Indicators and Subindicators Does national legislation address the specific needs arising in situations of internal displacement and support IDPs to realize their rights? If YES, assess: ■■ Have the authorities committed themselves to applying the Guiding Principles on Internal Displacement and/or IDP-specific regional standards (e.g. in statements, policies, legislation) as applicable in the country? ■■ Is there a specific law on internal displacement? ■■ What causes of displacement does the law cover? How are “IDPs” defined? ■■ What phases of displacement (i.e. prevention, during displacement, solutions)? ■■ How comprehensive and specific in addressing protection and assistance concerns? ■■ To what extent has generic (not IDP-specific) national legislation been reviewed, and as necessary, revised in order to address any obstacles, resulting from displacement, that IDPs face in accessing their rights? ■■ Any evidence of whether and how information about the legal instruments/provisions relevant to IDPs has been disseminated: To IDPs? To competent authorities? ■■ Any evaluations (Govt., NHRI, civil society, international actor) available as to extent to which the relevant law/legal provisions are being implemented? ■■ Is there a mechanism (Governmental and/or through NGOs) by which IDPs can access legal assistance in order to file legal cases/complaints about respect for their rights? Any data as to the main issues these cases concern? Any indication as to responsiveness of authorities to these complaints? Has the national government adopted a policy or plan of action to address internal displacement? If YES, assess: ■■ Content: What causes of displacement (e.g. conflict, disaster) does it cover? What phases of displacement: prevention, protection and assistance during displacement, durable solutions (whether return or resettlement and reintegration)? ■■ Institutional responsibilities: Does the policy identify the authorities responsible for its implementation? Which Ministries/Offices are so identified? Is the role of local authorities specified? ■■ Does the policy/plan of action identify a mechanism for monitoring its implementation? Specify. ■■ Any indications (reports, assessments) as to the level of implementation? ■ ■ Has the policy/plan of action been disseminated to government, civil society and IDP populations (in a language they understand)? 323
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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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Kenya National Response to Internal
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Afghanistan Internal Displacement i
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