From Responsibility to Response: Assessing National - Brookings

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From Responsibility to Response: Assessing National Approaches to Internal Displacement NHRC National Human Rights Commission NHRI National human rights institution NPDS for IDPs Project National Protection and Durable Solutions for Internally Displaced Person’s Project (Sri Lanka) NRC Norwegian Refugee Council NWFP North-West Frontier Province OCHA United Nations Office for the Coordination of Humanitarian Affairs OHCHR Office of the United Nations High Commissioner for Human Rights OSCE Organization for Security and Co-operation in Europe PADCO Planning and Development Collaborative International PDO Public Defender’s Office (Georgia) PRDP Peace, Recovery and Development Plan for Northern Uganda RSG Representative of the United Nations Secretary-General on Internally Displaced Persons or Representative of the United Nations Secretary-General on the Human Rights of Internally Displaced Persons RVRP Return to Village and Rehabilitation Project (Turkey) SNAIPD Sistema Nacional de Atención Integral a la Población Desplazada por la Violencia (National System for Comprehensive Assistance to the Population Displaced by the Violence – Colombia) SPLM/A Sudan People’s Liberation Movement/Army SRRA Sudan Relief and Rehabilitation Agency SSHRC Southern Sudan Human Rights Commission SSPC Southern Sudan Peace Commission SSRRC Southern Sudan Relief and Rehabilitation Commission STAREC Stabilization and Reconstruction Plan for War-Affected Areas (Democratic Republic of the Congo) UHRC Uganda Human Rights Commission UN United Nations UNAMA United Nations Assistance Mission in Afghanistan UNAMI United Nations Assistance Mission for Iraq UNAMID African Union/United Nations Hybrid Operation in Darfur UNDP United Nations Development Programme UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund UNMIS United Nations Mission in Sudan USAID United States Agency for International Development WFP World Food Programme vi
FOREWORD It is with great pleasure that I introduce this study, From Responsibility to Response: Assessing National Approaches to Internal Displacement. National responsibility is fundamental to ensuring an effective approach to internal displacement. The simple fact that internally displaced persons (IDPs) remain within the borders of their country means that it is their own government that bears primary responsibility for protecting and assisting them and for safeguarding populations from arbitrary displacement in the first place. The central role of national authorities in addressing internal displacement has been affirmed in international law, in UN General Assembly and UN Human Rights Council resolutions, in the Guiding Principles on Internal Displacement, in regional legal instruments such as the African Union Convention on the Protection and Assistance of Internally Displaced Persons, and in many national laws and policies. Indeed, governments regularly insist that it is their responsibility to protect and assist those displaced within their countries’ borders. Moreover, the concept of “sovereignty as responsibility” was the foundation for the development of the concept of “Responsibility to Protect,” which also places strong emphasis, first and foremost, on the role of national governments in protecting their own populations. The question of what it means for a government to exercise its responsibility for IDPs is a relevant and timely one. This study is based on a publication developed in 2005 by the Brookings-Bern Project on Internal Displacement: Addressing Internal Displacement: A Framework for National Responsibility, which suggests twelve benchmarks for governments to use as a guide to develop effective national policies for preventing, responding to and resolving internal displacement situations. This framework, developed by Erin Mooney, one of the coauthors of this study, has been widely used by governments, international organizations, nongovernmental organizations and civil society groups to encourage governments to develop appropriate laws, policies and institutional responses regarding IDPs and to monitor their actual response. This study goes beyond simply recommending steps that governments should take to protect and assist IDPs by examining whether they are doing so in practice. It uses the Framework as a tool for assessing the extent to which fifteen governments in countries experiencing large-scale internal displacement are exercising their national responsibility along each of the twelve benchmarks. The detailed research indicates the ways in which governments have—and have not—exercised the responsibility entrusted to them by international law and the international community and thereby seeks to strengthen governments’ accountability to IDPs. This is an important study that will be helpful to me in carrying out my mandate to support the efforts of governments to protect and assist those displaced within their borders. The study should also be of interest to governments of countries with large numbers of IDPs or of those in which displacement is a risk. Governments can see how other governments have dealt with similar challenges, such as preventing displacement, collecting data on IDPs or supporting durable solutions. Civil society groups, UN agencies, human rights organizations, humanitarian actors and donor governments can use this study as a tool to help governments to do the right thing for IDPs. I hope that this report is widely read, discussed, and acted upon. Chaloka Beyani United Nations Special Rapporteur on the Human Rights of Internally Displaced Persons vii
Page 1 and 2: The Brookings Institution - London
Page 3 and 4: From Responsibility to Response: As
Page 5 and 6: CONTENTS Acronyms .................
Page 7: ACRONYMS AIHRC Afghanistan Independ
Page 11 and 12: ACKNOWLEDGMENTS Given the large num
Page 13 and 14: It is a central tenet of internatio
Page 15 and 16: legislation relevant to IDPs. Still
Page 17 and 18: amend existing ones, in line with t
Page 19 and 20: Background and Aims of the Study In
Page 21 and 22: displacement persists for several y
Page 23 and 24: operationalizing the responsibiliti
Page 25 and 26: Therefore, it is not surprising tha
Page 27 and 28: Azerbaijani, Chinese, French, Portu
Page 29 and 30: National Initiatives In Iraq, IOM p
Page 31 and 32: of the country. 62 In addition, six
Page 33 and 34: in French and Spanish depending on
Page 35 and 36: serves only to supplant and absolve
Page 37 and 38: CHAPTER 1 Assessing National Approa
Page 39 and 40: Benchmark 1 Benchmark 1 Prevent Dis
Page 41 and 42: Benchmark 1 Prevent Displacement an
Page 49 and 50: 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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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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From Responsibility to Response: Assessing National - Brookings

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