|
Guiding Principles on Internal Displacement |
Guiding Principles on Internal Displacement
Foreword to the Guiding Principles
by Under-Secretary-General for Humanitarian Affairs
Mr. Sergio Vieira de Mello
The humanitarian community is increasingly aware
of the crisis of internal displacement which affects over 20 million people
worldwide. While responsibility for the protection of IDPs rests first and
foremost with national governments and local authorities, it is important
for the international community to see how best it can contribute to enhancing
the protection of IDPs in conflict and crisis situations. We must also design
humanitarian assistance in such a way that it will promote the protection
of IDPs.
Within the United Nations system, significant steps
have been taken to enhance an effective and timely response to the needs
of internally displaced persons (IDPs). The Inter-Agency Standing Committee
(IASC) has entrusted me with the responsibility to act as Focal Point
within the UN system for issues relating to the internally displaced.
In discharging this mandate, I am committed to enhancing the capacity
of the United Nations as a whole to respond to situations of internal
displacement as well as to promoting strong coordination and a clearer
division of institutional responsibilities and adequate support to operational
agencies.
In this context, I welcome the issuance by the Secretary-General's
Special Representative on IDPs of the Guiding Principles on Internal Displacement.
These Principles, which are based upon existing international humanitarian
law and human rights instruments, are to serve as an international standard
to guide governments as well as international humanitarian and development
agencies in providing assistance and protection to IDPs.
The IASC fully supports the Guiding Principles and has
encouraged its members to share them with their Executive Boards and with
their staff, especially those in the field, in order to ensure that the
Principles are applied in their activities on behalf of internally displaced
persons.
I believe that the Guiding Principles can play a significant
role in raising awareness of the needs of IDPs, mobilizing support within
the humanitarian community and helping field colleagues to find solutions
when confronted with the protection and assistance needs of the internally
displaced. The Principles will also assist governments in providing for
the security and well-being of their displaced populations.
I hope that each of you will work to ensure the widest
possible dissemination and application of the Guiding Principles, in order
to achieve the much needed improvement in the status and treatment of
internally displaced persons.
Introductory Note
by the Representative of the Secretary-General
on Internally Displaced Persons
Mr. Francis M. Deng
The international community is confronted with the
monumental task of ensuring protection for persons forcibly uprooted from
their homes by violent conflicts, gross violations of human rights and other
traumatic events, but who remain within the borders of their own countries.
Nearly always they suffer from severe deprivation, hardship and discrimination.
It is to meet this challenge that the Guiding Principles on Internal Displacement
were developed.
The Principles identify the rights and guarantees relevant
to the protection of the internally displaced in all phases of displacement.
They provide protection against arbitrary displacement, offer a basis
for protection and assistance during displacement, and set forth guarantees
for safe return, resettlement and reintegration. Although they do not
constitute a binding instrument, these Principles reflect and are consistent
with international human rights and humanitarian law and analogous refugee
law.
The Principles were developed over several years pursuant
to the mandate given to me in 1992 by the Commission on Human Rights and
reinforced by subsequent resolutions of both the Commission and the General
Assembly. Initially I was asked to study the causes and consequences of
internal displacement, the status of the internally displaced in international
law, the extent to which their needs are being addressed under current
institutional arrangements, and ways to improve protection and assistance
for them.
Accordingly, developing needed legal and institutional
frameworks for the internally displaced and undertaking country missions
to engage Governments and others in a dialogue on their behalf have been
the main activities of my mandate. In collaboration with a team of international
legal experts, I examined the extent to which internally displaced persons
receive adequate coverage under international law and produced a "Compilation
and Analysis of Legal Norms" (E/CN.4/1996/52/Add.2). The study found that
while existing law provides substantial coverage for the internally displaced,
there are significant areas in which it fails to provide an adequate basis
for their protection and assistance. Subsequently, the Commission and
the General Assembly requested me to prepare an appropriate normative
framework for the internally displaced. This led to the drafting of the
Guiding Principles which both restate existing norms and seek to clarify
grey areas and fill in the gaps.
After I presented the Guiding Principles to the Commission
in 1998, the Commission adopted a resolution taking note of the Guiding
Principles and of my stated intention as the Representative of the Secretary-General
to use them in my ongoing dialogue with Governments and all those whose
mandates and activities relate to the needs of the internally displaced.
The Commission also took note of the decision of the Inter-Agency Standing
Committee, which had welcomed the Principles and encouraged its members
to share them with their Executive Boards and staff, especially in the
field, and to apply them in their activities on behalf of the internally
displaced.
The Guiding Principles should provide valuable practical
guidance to Governments, other competent authorities, intergovernmental
organizations and NGOs in their work with internally displaced persons.
It is my hope that they will be widely circulated and given practical
application in the field.
Guiding Principles on Internal Displacement
Introduction - Scope and Purpose
1. These Guiding Principles address the specific needs
of internally displaced persons worldwide. They identify rights and guarantees
relevant to the protection of persons from forced displacement and to
their protection and assistance during displacement as well as during
return or resettlement and reintegration.
2. For the purposes of these Principles, internally
displaced persons are persons or groups of persons who have been forced
or obliged to flee or to leave their homes or places of habitual residence,
in particular as a result of or in order to avoid the effects of armed
conflict, situations of generalized violence, violations of human rights
or natural or human-made disasters, and who have not crossed an internationally
recognized State border.
3. These Principles reflect and are consistent with
international human rights law and international humanitarian law. They
provide guidance to:
(a) The Representative of the Secretary-General on
internally displaced persons in carrying out his mandate;
(b) States when faced with the phenomenon of internal
displacement;
(c) All other authorities, groups and persons in their
relations with internally displaced persons; and
(d) Intergovernmental and non-governmental organizations
when addressing internal displacement.
4. These Guiding Principles should be disseminated and
applied as widely as possible.
Section I. General Principles
Principle 1
1. Internally displaced persons shall enjoy, in full
equality, the same rights and freedoms under international and domestic
law as do other persons in their country. They shall not be discriminated
against in the enjoyment of any rights and freedoms on the ground that
they are internally displaced.
2. These Principles are without prejudice to individual
criminal responsibility under international law, in particular relating
to genocide, crimes against humanity and war crimes.
Principle 2
1. These Principles shall be observed by all authorities,
groups and persons irrespective of their legal status and applied without
any adverse distinction. The observance of these Principles shall not
affect the legal status of any authorities, groups or persons involved.
2. These Principles shall not be interpreted as restricting,
modifying or impairing the provisions of any international human rights
or international humanitarian law instrument or rights granted to persons
under domestic law. In particular, these Principles are without prejudice
to the right to seek and enjoy asylum in other countries.
Principle 3
1. National authorities have the primary duty and responsibility
to provide protection and humanitarian assistance to internally displaced
persons within their jurisdiction.
2. Internally displaced persons have the right to request
and to receive protection and humanitarian assistance from these authorities.
They shall not be persecuted or punished for making such a request.
Principle 4
1. These Principles shall be applied without discrimination
of any kind, such as race, colour, sex, language, religion or belief,
political or other opinion, national, ethnic or social origin, legal or
social status, age, disability, property, birth, or on any other similar
criteria.
2. Certain internally displaced persons, such as children,
especially unaccompanied minors, expectant mothers, mothers with young
children, female heads of household, persons with disabilities and elderly
persons, shall be entitled to protection and assistance required by their
condition and to treatment which takes into account their special needs.
Section II. Principles Relating to Protection
From Displacement
Principle 5
All authorities and international actors shall respect
and ensure respect for their obligations under international law, including
human rights and humanitarian law, in all circumstances, so as to prevent
and avoid conditions that might lead to displacement of persons.
Principle 6
1. Every human being shall have the right to be protected
against being arbitrarily displaced from his or her home or place of habitual
residence.
2. The prohibition of arbitrary displacement includes
displacement:
(a) When it is based on policies of apartheid, "ethnic
cleansing" or similar practices aimed at/or resulting in altering the
ethnic, religious or racial composition of the affected population;
(b) In situations of armed conflict, unless the security
of the civilians involved or imperative military reasons so demand;
(c) In cases of large-scale development projects,
which are not justified by compelling and overriding public interests;
(d) In cases of disasters, unless the safety and health
of those affected requires their evacuation; and
(e) When it is used as a collective punishment.
3. Displacement shall last no longer than required by
the circumstances.
Principle 7
1. Prior to any decision requiring the displacement
of persons, the authorities concerned shall ensure that all feasible alternatives
are explored in order to avoid displacement altogether. Where no alternatives
exist, all measures shall be taken to minimize displacement and its adverse
effects.
2. The authorities undertaking such displacement shall
ensure, to the greatest practicable extent, that proper accommodation
is provided to the displaced persons, that such displacements are effected
in satisfactory conditions of safety, nutrition, health and hygiene, and
that members of the same family are not separated.
3. If displacement occurs in situations other than during
the emergency stages of armed conflicts and disasters, the following guarantees
shall be complied with:
(a) A specific decision shall be taken by a State
authority empowered by law to order such measures;
(b) Adequate measures shall be taken to guarantee
to those to be displaced full information on the reasons and procedures
for their displacement and, where applicable, on compensation and relocation;
(c) The free and informed consent of those to be displaced
shall be sought;
(d) The authorities concerned shall endeavour to involve
those affected, particularly women, in the planning and management of
their relocation;
(e) Law enforcement measures, where required, shall
be carried out by competent legal authorities; and
(f) The right to an effective remedy, including the
review of such decisions by appropriate judicial authorities, shall
be respected.
Principle 8
Displacement shall not be carried out in a manner that
violates the rights to life, dignity, liberty and security of those affected.
Principle 9
States are under a particular obligation to protect
against the displacement of indigenous peoples, minorities, peasants,
pastoralists and other groups with a special dependency on and attachment
to their lands.
Section III. Principles Relating to Protection During
Displacement
Principle 10
1. Every human being has the inherent right to life
which shall be protected by law. No one shall be arbitrarily deprived
of his or her life. Internally displaced persons shall be protected in
particular against:
(a) Genocide;
(b) Murder;
(c) Summary or arbitrary executions; and
(d) Enforced disappearances, including abduction or
unacknowledged detention, threatening or resulting in death.
Threats and incitement to commit any of the foregoing
acts shall be prohibited.
2. Attacks or other acts of violence against internally
displaced persons who do not or no longer participate in hostilities are
prohibited in all circumstances. Internally displaced persons shall be
protected, in particular, against:
(a) Direct or indiscriminate attacks or other acts
of violence, including the creation of areas wherein attacks on civilians
are permitted;
(b) Starvation as a method of combat;
(c) Their use to shield military objectives from attack
or to shield, favour or impede military operations;
(d) Attacks against their camps or settlements; and
(e) The use of anti-personnel landmines.
Principle 11
1. Every human being has the right to dignity and physical,
mental and moral integrity.
2. Internally displaced persons, whether or not their
liberty has been restricted, shall be protected in particular against:
(a) Rape, mutilation, torture, cruel, inhuman or degrading
treatment or punishment, and other outrages upon personal dignity, such
as acts of gender-specific violence, forced prostitution and any form
of indecent assault;
(b) Slavery or any contemporary form of slavery, such
as sale into marriage, sexual exploitation, or forced labour of children;
and
(c) Acts of violence intended to spread terror among
internally displaced persons.
Threats and incitement to commit any of the foregoing
acts shall be prohibited.
Principle 12
1. Every human being has the right to liberty and security
of person. No one shall be subjected to arbitrary arrest or detention.
2. To give effect to this right for internally displaced
persons, they shall not be interned in or confined to a camp. If in exceptional
circumstances such internment or confinement is absolutely necessary,
it shall not last longer than required by the circumstances.
3. Internally displaced persons shall be protected from
discriminatory arrest and detention as a result of their displacement.
4. In no case shall internally displaced persons be
taken hostage.
Principle 13
1. In no circumstances shall displaced children be recruited
nor be required or permitted to take part in hostilities.
2. Internally displaced persons shall be protected against
discriminatory practices of recruitment into any armed forces or groups
as a result of their displacement. In particular any cruel, inhuman or
degrading practices that compel compliance or punish non-compliance with
recruitment are prohibited in all circumstances.
Principle 14
1. Every internally displaced person has the right to
liberty of movement and freedom to choose his or her residence.
2. In particular, internally displaced persons have
the right to move freely in and out of camps or other settlements.
Principle 15
Internally displaced persons have:
(a) The right to seek safety in another part of the
country;
(b) The right to leave their country;
(c) The right to seek asylum in another country; and
(d) The right to be protected against forcible return
to or resettlement in any place where their life, safety, liberty and/or
health would be at risk.
Principle 16
1. All internally displaced persons have the right to
know the fate and whereabouts of missing relatives.
2. The authorities concerned shall endeavour to establish
the fate and whereabouts of internally displaced persons reported missing,
and cooperate with relevant international organizations engaged in this
task. They shall inform the next of kin on the progress of the investigation
and notify them of any result.
3. The authorities concerned shall endeavour to collect
and identify the mortal remains of those deceased, prevent their despoliation
or mutilation, and facilitate the return of those remains to the next
of kin or dispose of them respectfully.
4. Grave sites of internally displaced persons should
be protected and respected in all circumstances. Internally displaced
persons should have the right of access to the grave sites of their deceased
relatives.
Principle 17
1. Every human being has the right to respect of his
or her family life.
2. To give effect to this right for internally displaced
persons, family members who wish to remain together shall be allowed to
do so.
3. Families which are separated by displacement should
be reunited as quickly as possible. All appropriate steps shall be taken
to expedite the reunion of such families, particularly when children are
involved. The responsible authorities shall facilitate inquiries made
by family members and encourage and cooperate with the work of humanitarian
organizations engaged in the task of family reunification.
4. Members of internally displaced families whose personal
liberty has been restricted by internment or confinement in camps shall
have the right to remain together.
Principle 18
1. All internally displaced persons have the right to
an adequate standard of living.
2. At the minimum, regardless of the circumstances,
and without discrimination, competent authorities shall provide internally
displaced persons with and ensure safe access to:
(a) Essential food and potable water;
(b) Basic shelter and housing;
(c) Appropriate clothing; and
(d) Essential medical services and sanitation.
3. Special efforts should be made to ensure the full
participation of women in the planning and distribution of these basic
supplies.
Principle 19
1. All wounded and sick internally displaced persons
as well as those with disabilities shall receive to the fullest extent
practicable and with the least possible delay, the medical care and attention
they require, without distinction on any grounds other than medical ones.
When necessary, internally displaced persons shall have access to psychological
and social services.
2. Special attention should be paid to the health needs
of women, including access to female health care providers and services,
such as reproductive health care, as well as appropriate counselling for
victims of sexual and other abuses.
3. Special attention should also be given to the prevention
of contagious and infectious diseases, including AIDS, among internally
displaced persons.
Principle 20
1. Every human being has the right to recognition everywhere
as a person before the law.
2. To give effect to this right for internally displaced
persons, the authorities concerned shall issue to them all documents necessary
for the enjoyment and exercise of their legal rights, such as passports,
personal identification documents, birth certificates and marriage certificates.
In particular, the authorities shall facilitate the issuance of new documents
or the replacement of documents lost in the course of displacement, without
imposing unreasonable conditions, such as requiring the return to one's
area of habitual residence in order to obtain these or other required
documents.
3. Women and men shall have equal rights to obtain such
necessary documents and shall have the right to have such documentation
issued in their own names.
Principle 21
1. No one shall be arbitrarily deprived of property
and possessions.
2. The property and possessions of internally displaced
persons shall in all circumstances be protected, in particular, against
the following acts:
(a) Pillage;
(b) Direct or indiscriminate attacks or other acts
of violence;
(c) Being used to shield military operations or objectives;
(d) Being made the object of reprisal; and
(e) Being destroyed or appropriated as a form of collective
punishment.
3. Property and possessions left behind by internally
displaced persons should be protected against destruction and arbitrary
and illegal appropriation, occupation or use.
Principle 22
1. Internally displaced persons, whether or not they
are living in camps, shall not be discriminated against as a result of
their displacement in the enjoyment of the following rights:
(a) The rights to freedom of thought, conscience,
religion or belief, opinion and expression;
(b) The right to seek freely opportunities for employment
and to participate in economic activities;
(c) The right to associate freely and participate
equally in community affairs;
(d) The right to vote and to participate in governmental
and public affairs, including the right to have access to the means
necessary to exercise this right; and
(e) The right to communicate in a language they understand.
Principle 23
1. Every human being has the right to education.
2. To give effect to this right for internally displaced
persons, the authorities concerned shall ensure that such persons, in
particular displaced children, receive education which shall be free and
compulsory at the primary level. Education should respect their cultural
identity, language and religion.
3. Special efforts should be made to ensure the full
and equal participation of women and girls in educational programmes.
4. Education and training facilities shall be made available
to internally displaced persons, in particular adolescents and women,
whether or not living in camps, as soon as conditions permit.
Section IV. Principles Relating to Humanitarian
Assistance
Principle 24
1. All humanitarian assistance shall be carried out
in accordance with the principles of humanity and impartiality and without
discrimination.
2. Humanitarian assistance to internally displaced persons
shall not be diverted, in particular for political or military reasons.
Principle 25
1. The primary duty and responsibility for providing
humanitarian assistance to internally displaced persons lies with national
authorities.
2. International humanitarian organizations and other
appropriate actors have the right to offer their services in support of
the internally displaced. Such an offer shall not be regarded as an unfriendly
act or an interference in a State's internal affairs and shall be considered
in good faith. Consent thereto shall not be arbitrarily withheld, particularly
when authorities concerned are unable or unwilling to provide the required
humanitarian assistance.
3. All authorities concerned shall grant and facilitate
the free passage of humanitarian assistance and grant persons engaged
in the provision of such assistance rapid and unimpeded access to the
internally displaced.
Principle 26
Persons engaged in humanitarian assistance, their transport
and supplies shall be respected and protected. They shall not be the object
of attack or other acts of violence.
Principle 27
1. International humanitarian organizations and other
appropriate actors when providing assistance should give due regard to
the protection needs and human rights of internally displaced persons
and take appropriate measures in this regard. In so doing, these organizations
and actors should respect relevant international standards and codes of
conduct.
2. The preceding paragraph is without prejudice to the
protection responsibilities of international organizations mandated for
this purpose, whose services may be offered or requested by States.
Section V. Principles Relating to Return, Resettlement and Reintegration
Principle 28
1. Competent authorities have the primary duty and responsibility
to establish conditions, as well as provide the means, which allow internally
displaced persons to return voluntarily, in safety and with dignity, to
their homes or places of habitual residence, or to resettle voluntarily
in another part of the country. Such authorities shall endeavour to facilitate
the reintegration of returned or resettled internally displaced persons.
2. Special efforts should be made to ensure the full
participation of internally displaced persons in the planning and management
of their return or resettlement and reintegration.
Principle 29
1. Internally displaced persons who have returned to
their homes or places of habitual residence or who have resettled in another
part of the country shall not be discriminated against as a result of
their having been displaced. They shall have the right to participate
fully and equally in public affairs at all levels and have equal access
to public services.
2. Competent authorities have the duty and responsibility
to assist returned and/or resettled internally displaced persons to recover,
to the extent possible, their property and possessions which they left
behind or were dispossessed of upon their displacement. When recovery
of such property and possessions is not possible, competent authorities
shall provide or assist these persons in obtaining appropriate compensation
or another form of just reparation.
Principle 30
All authorities concerned shall grant and facilitate
for international humanitarian organizations and other appropriate actors,
in the exercise of their respective mandates, rapid and unimpeded access
to internally displaced persons to assist in their return or resettlement
and reintegration.
|