From Responsibility to Response: Assessing National - Brookings

Benchmark 6 Develop a National Policy on Internal Displacement
which include the National Council for Comprehensive
Assistance to the Population Displaced by Violence
(Consejo Nacional para la Atención Integral de la
Población Desplazada por la Violencia), the Office of
the Special Administrative Unit for Human Rights
of the Ministry of the Interior, the Social Solidarity
Network, and the Ministry of Agriculture and Rural
Development. Responsibilities of local authorities are
not specifically outlined. However, the plan does call for
the design of committees to assistance displaced populations
at the district and municipal levels. 4 In March
1998, another decree provided for the allocation of 40
billion pesos ($30.7 million) to address the problem of
internal displacement in accordance with Law 387. 5
In 2004, the Constitutional Court declared that the gap
between the rights guaranteed to IDPs and the government’s
capacity to protect those rights was an “unconstitutional
state of affairs” and ordered the government
to redress the situation (see Benchmark 5). 6 In 2005,
Decree 250 was adopted, creating a new version of and
replacing the 1998 plan. This new plan, also named
the National Plan for Comprehensive Assistance to the
Population Displaced by Violence, includes provisions
on IDP participation, different treatment based on
needs, attention to extremely vulnerable groups, recognition
of the role of the Ombudsman’s Office, and the
strengthening of the Inter-Institutional Committee for
Early Warnings. 7 While there have been improvements
4 Government of Colombia, Decree 172 of 1998, available
at Brookings-LSE Project on Internal Displacement,
“National and Regional Laws and Policies on Internal
Displacement: Colombia.”
5 Decree 501 of 13 March 1998, available at Brookings-LSE
Project on Internal Displacement, “National and Regional
Laws and Policies on Internal Displacement: Colombia.”
6 See further, Rodolfo Arango Rivadeneira, Judicial
Protection of Internally Displaced Persons: The Colombian
Experience (Washington, D.C.: Brookings-Bern Project on
Internal Displacement, November 2009) (www.brookings.
edu/papers/2009/11_judicial_protection_arango.aspx).
7 Government of Colombia, Decreto 250, Plan Nacional
Atención Integral a la Población Desplazada, 7 February
2005, available at Brookings-LSE Project on Internal
Displacement, “National and Regional Laws and Policies
77
in meeting the needs of IDPs through the National
Plan, the majority of local authorities continue to lack
sufficient resources, training and budget allocations to
fully implement it. 8 Indeed, RSGs Deng and Kälin have
commended the government of Colombia’s progress
in adopting laws and policies on IDPs over the years,
but they have also stated that the government has fallen
short of fully implementing them; accordingly, they
have issued a series of recommendations to improve
implementation. 9
The government of Uganda adopted the National Policy
for Internally Displaced Persons in 2004. Based explicitly
on the Guiding Principles, the policy covers all phases
of displacement due to conflict as well as displacement
caused by man-made and natural disasters. The policy
recognizes the right of safe and voluntary return or resettlement.
For planning and coordination, the policy
established the Inter-Agency Technical Committee,
composed of the Office of the Prime Minister, relevant
ministries, the private sector, UN agencies, NGOs and
donors. The Department of Disaster Preparedness
and Refugees is identified as the lead institution for
implementation of the policy; it is to be “responsible
for monitoring, supervising and evaluating activities
of sectoral lead agencies, national and international
humanitarian and development agencies in all matters
related to management of Internal Displacement.” 10 The
policy does not include provisions for its regular review
or revision. 11 While the policy is otherwise rather com-
on Internal Displacement: Colombia.”
8 Elizabeth Ferris, “The Role of Municipal Authorities in
Addressing Internal Displacement,” Forced Migration
Review, no. 33, February 2010 (www.fmreview.org).
9 See RSG reports from 2000 and 2007 and for comparison,
from 1994, available at the OHCHR website (www2.ohchr.
org/english/issues/idp/visits.htm) and the Brookings-
Bern Project on Internal Displacement website (www.
brookings.edu/idp).
10 Republic of Uganda, National Policy for Internally
Displaced Persons, August 2004, § 4.1.1.
11 Government of Uganda, Office of the Prime Minister,
Department of Disaster Preparedness and Refugees,
National Policy for Internally Displaced Persons, August
2004, available at Brookings-LSE Project on Internal