Internally Displaced Person free essay sample

The idea and the phenomenon of internal displacement are not recent. According to United Nations Office for the Coordination of Humanitarian Affairs (OCHA) ,the Greek government argued to the United Nations (UN) General Assembly in 1949 that people displaced internally by war should have the same access to international aid as refugees, even if they did not need international protection. India and Pakistan repeated this argument after partition. Recognition of internal displacement emerged gradually through the late 1980s and became prominent on the international agenda in the 1990s. The chief reasons for this attention were the growing number of conflicts causing internal displacement after the end of the Cold War and an increasingly strict international migration regime. Although the issue of internal displacement has gained international prominence during the last fifteen years, a single definition of the term remains to be agreed upon. 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. We will write a custom essay sample on Internally Displaced Person or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 1 While the above stresses two important elements of internal displacement it is important to note that rather than a strict definition, the Guiding Principles offer â€Å"a descriptive identification of the category of persons whose needs are the concern of the Guiding Principles†. In this way, the document â€Å"intentionally steers toward flexibility rather than legal precision as the words â€Å"in particular† indicate that the list of reasons for displacement is not exhaustive. However, as Erin Mooney has pointed out, â€Å"global statistics on internal displacement generally count only IDPs uprooted by conflict and human rights violations. Moreover, a recent study has recommended that the IDP concept should be defined even more narrowly, to be limited to persons displaced by violence. † Thus, despite the non-exhaustive reasons of internal displacement, many consider IDPs as those who would be defined as refugees if they were to cross an international border hence the term refugees in all but name is often applied to IDPs. United Nations Office for the Coordination of Humanitarian Affairs(OCHA 1999:6) Brookings-Bern Project on Internal Displacement: http://www. brook. edu/idp 1 2 2 Concept of internally displaced persons (IDPs) : When civilians cross an international frontier into a second state in an effort to escape persecution, they are generally given food and shelter by the host country, protected by international laws and legally are classified as refugees. Others in similar circumstances but who, for whatever reason, remain in their own states become IDPs with few, if any, of the safeguards and assistance afforded to refugees. They remain under the „protection? of often antagonistic governments or prey to rebel militias. 3 They are individuals or groups of people who have been forced to flee their homes to escape armed conflict, generalized violence and human rights abuses. Millions of other civilians who have survived natural disasters such as floods are also generally classified as IDPs. Who is an internally displaced person? IDP) There is no legal definition as there is for a refugee. However, a United Nations report, Guiding Principles on Internal Displacement uses the definition: 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, situation s of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border. 4 Components of the IDP definition The definition provided by the Guiding Principles on Internal Displacement highlights two elements: 3 4 www. unhcr. org/internallydisplacedpeople United Nations report of Guiding Principles on Internal Displacement, Introduction, Para 2 3 1) The coercive or otherwise involuntary character of movement. 2) The fact that such movement takes place within national borders. Refugee vs. IDPs Both groups often leave their homes for similar reasons. Civilians are recognized as „refugees? hen they cross an international frontier to seek sanctuary in another country. The internally displaced, for whatever reason, remain in their own states. Newly arrived refugees normally receive food, shelter and a place of safety from the host country. A well-defined body of international laws and conventions pr otects them. The UN refugee agency and other humanitarian organizations work within this legal framework to help refugees restart their lives in a new state or eventually return home. On the other hand, the internally displaced often face a more difficult future. They may be trapped in an ongoing internal conflict. The domestic government, which may view the uprooted people as „enemies of the state,? retains ultimate control of their fate. There are no specific international legal instruments covering the internally displaced, and general agreements such as the Geneva Conventions are often difficult to apply. Donors are sometimes unwilling to interfere in internal conflicts or offer sustained assistance. There has been some debate surrounding whether IDPs and refugees should be grouped as a single category, and consequently whether the challenges caused by them should be handled by the same institution(s). This argument was first raised in the pages of 1998 and 1999 editions of Forced Migration Review (FMR) 5 . Barutciski argued that the attempts by some human rights advocates to extend the protection of refugees to the 5 http://www. brook. edu/idp,Barutciski 1998 and 1999, Bennett 1999, Kingsley-Nyinah 1999, Rutinwa 1999, Vincent 1999 4 nternally displaced may be counter-productive, as it would be detrimental to the traditional asylum option and could possibly increase containment. The discussion was revitalized in 2001, when the then US Ambassador to the UN, Richard Holbrooke, following a visit to Angola, argued that the bureaucratic distinction between refugees and IDPs was negatively affecting the lives of millions of IDPs. 6 Causes of internal displacement: Armed conflicts: Inte rnational armed – it should be noted that wars of national liberation have been classified as international armed conflicts –non-international conflicts Situations of violence, falling short of armed conflicts: Many IDPs live in situations of internal tensions or disturbances. The terms â€Å"internal tensions and disturbances† refer to situations which fall short of armed conflict, but involve the use of force and other repressive measures by Training on the Protection of IDPs. Examples of tensions and disturbances include riots, such as demonstrations without a concerted plan from the outset, isolated sporadic acts of violence, as opposed to military operations carried out by armed forces or armed groups, and violent ethnic onflicts not amounting to full armed conflict. Violations of human rights: They include government transgressions of the rights guaranteed by national, regional and international human rights law, and acts and omissions directly attributable to the state involving the failure to implement legal obligations from human rights standards. One could argue that the concept of â€Å"persecution†, usually used in the context of refugee movements, coincides at least partly 6 http://www. brook. edu/idp,Borton et al. 2005, Holbrooke 2000, OCHA 2003 5 ith situations of human rights violations: threat to life or freedom because of race, religion, nationality, political opinion or membership of a particular social group. Other serious human rights violations, for the same reasons, would also constitute persecution Disasters: These have natural or human-made origins. Examples include droughts, floods, earthquakes or typhoons, nuclear disasters or famine. Victims of disasters are covered by the definition, as they too might become victims of discrimination and other human rights violations because of their displacement. Natural or man-made disasters are also included because in some disasters governments respond by discriminating against or neglecting certain groups of victims on political or ethnic grounds or by violating their rights in other ways. Other: Other possible causes of internal Displacement can for instance include largescale development projects such as dams built without any government attempt to resettle or compensate those displaced. The definition does not encompass persons who migrate for economic reasons. However, persons forced to flee from their homes because of economic injustice and marginalization tantamount to systematic violations of economic rights would come under the definition. Behind economic measures, affecting a person? s livelihood there may be racial, religious or political aims or intentions directed against a particular group. IDP populations It is very difficult to get accurate figures for IDPs because populations are constantly fluctuating: some IDPs may be returning home while others are fleeing, others may periodically return to IDP camps to take advantage of humanitarian aid. While the case of IDPs in large camps such as those in Darfur, western Sudan, are relatively well-reported, it is very difficult to assess those IDPs who flee to larger towns and cities. It is necessary 6 in many instances to supplement official figures with additional information obtained from operational humanitarian organizations on the ground. Thus, the 30 million figure must be treated as an estimate. Countries with significant IDP populations: Country Azerbaijan Afghanistan IDP Population 600,000 132,000-200,000 Reason Nagorno-Karabakh War. Fighting between NATO and Taliban-allied fighters. Myanmar 503,000 Internal conflict in Myanmar and government repression of ethnic minorities as well as Cyclone Nargis. The 2003 coup detat and the subsequent civil war The Central African Republic 197,000 Chad Colombia 178,000 The proximity to Darfur and the civil war in eastern Chad The war between the government, the FARC, the AUC and other armed groups The Second Congo War, mostly in the eastern provinces. over 2 million The Democratic Republic of 1,5 million Congo Cyprus 210,000 Intercommoned troubles of 1964 and the 1974 Turkish invasion and 7 their aftermaths. Georgia 220,000 300,000 Displacement of the ethnic Georgian population who have fled Abkhazia and South Ossetia The January 2010 Haiti earthquake. Haiti 1. 5 million Iraq 2. 5 million Forced displacement during Saddam Husseins regime, and fighting between the Multi-National Force and Iraqi insurgent groups Kasmir and other internal conflict. India About 150,000 Indonesia 200,000 350,000 Fighting between the government and secessionist rebel movements. Displaced Bedouins, most of whom are Arab citizens of Israel The violence that rocked the country after the 2007 elections. Israel Kenya 10,000 250,000 Mexico 25,000 1. 6 million The war on drugs. Palestinian territories 150,000 -420,000 Pakistan 400,000 Philippines about 300,000 Ongoing conflicts in three regions of Pakistan Fighting between the government and communist and Islamic rebels. Uncertainty Somalia 1 million Civil war 8 Sri Lanka Sudan 250,000 300,000 5 6 million Fighting between LTTE and Sri Lanka Army Decades of civil war in the south and the Darfur conflict in the west. Uganda 869,000 Zimbabwe 560,000 960,000 The insurgency of the Lords Resistance Army Political violence, economic collapse of the country. Internally displaced people in south Asia: South Asia is one of the most conflict-prone regions in the world and internal displacement is a fact of life. In the past year, South Asians have had to face up to a longstanding reality that thousands of people are displaced within their country because of circumstances they cannot control as a consequence of an upsurge of fighting in two conflicts, the Sri Lankan Army? campaign against Tiger strongholds and the Pakistan Army? s campaign against the Taliban. 7 IDPs in South Asia Country Bangladesh India Nepal Pakistan Sri Lanka 7 Estimate 60,000-500,000 500,000 -800,000 50,000-70,000 1. 25 million Over 500,000 Swarna Rajagopalan: Gender Violence, Conflict, Internal Displacement And Peacebuilding Peace Prints: South Asian Journal of Peacebuilding, Vol. 3, No. 1: Spring 2010 9 Background study: The Intern al Displacement Monitoring Centre estimates that at least 30 million people were displaced at the end of 2012. South Asia alone has around 3. 5 million of these. The numbers are also likely to be much higher in reality. Typically news reports cover flight after conflict or disasters. Displacement as a result of development projects whether it is infrastructure construction like roads or dams or the purchase of land for setting up special economic zones, is largely undocumented. 8 It is important to note that they do not cross a border; there are no international treaties or conventions that protect IDPs. Moreover, international organizations working with other displaced populations are at a disadvantage working to provide for the needs of the internally displaced. The Guiding Principles on Internal Displacement are not legally binding and states may or may not use them as a reference point in framing their own policies and actions. In the absence of laws or frameworks based on the Guiding Principles, the internally displaced are by and large not recognised as a population with special needs. Causes and consequence: Discrimination against minorities, religious and ethnic hatred, state repression, demands for self-determination, famines, floods and Ill-conceived development projects have contributed to massive internal displacement in South Asia. For the most part victims are unable to cross borders and are forced to live within a regime that created the occasion for their displacement in the first place. All South Asian states consider internal displacement to be an internal matter. National policies emphasize welfare and do not recognise the rights set out in the Guiding Principles. There is little Acknowledgement that IDPs are citizens – with the concomitant entitlements that citizenship brings. In no 8 Internal Displacement Monitoring Centre, Global statistics: IDP country figures, 2012, http://www. nternaldisplacement. org/8025708F004CE90B 10 state in South Asia is land recognised as a fundamental right, thus making it very easy to displace people. Policies which were intended to be pro-poor today work in favour of the rich and the powerful. Policymakers and the general public only became aware of the extent of internal displacement in South Asia in the 1990s. As internal displacement accelerated, governments acro ss South Asia established national human rights commissions but their mandates were limited. India, Nepal, Bangladesh, Pakistan, Sri Lanka have tried to develop national IDP mechanisms. However, policies are not sensitive to the needs of all the disadvantaged sections of the population and often selectively benefit favored groups of IDPs. IDPs in Bangladesh: Bangladesh has witnessed a rapid growth in the number of IDPs over the last forty two years after achieving victory in the liberation war of 1971. It is often said that the state of Bangladesh was born with displaced people. Almost one third of the population was dislocated during the liberation war. However, the processes through which internally displaced people are generated have become much more diversified and complex over these years. Due to environmental crisis,ethnic conflict, even economic or political reasons people found themselves to be displaced Categories The categories of IDPs refer to the Causes of displacement. There is no clear and recent information on the current scale of internal displacement in Bangladesh but numerous reports suggest that there are many reasons for displacement. One of them appears to be poor management of the over-population of the plains, lack of enforcement of laws, environmental pollution, lack of moderation and compromise between majorities and minorities. 9 9 The Internally Displaced People of Bangladesh: A Background Paper Mohammad Sajjadur Rahman ¦ 11 ? ? ? ? Displacement due to change Climates Displacement due to Conflict Displacement due to communal violence Displacement due to the Vested Property act Now Bangladesh needs to recognize the severity of the crisis associated with IDPs. There is a lack of understanding regarding the special needs of such category of people. Therefore, concerted effort is needed from the government as well as civil society and media to comprehend the problems of IDPs and to find alternative ways to provide sufficient assistance to the most affected. IDPs in India: Ever since independence in 1947 the Indian state has been committed to an ideology of „development? and „modernisation? which has led to state-led construction of dams, transport links and urban infrastructure. Soon agitations spread to urban renewal schemes, highway making, steel plants, mining and the ecological ravages of the prawn industry. Significant numbers of Indians have also been displaced by conflict. Lack of regional or national mechanisms has meant that different groups of IDPs are treated differently according to which Indian state they live in and their caste/ethnic status. Kashmiri Pundits – the estimated 350,000 Hindus displaced as a result of the ongoing conflict in the Kashmir Valley – receive assistance of around $40/month while the 300,000 IDPs displaced in northeastern India – including Santhals and members of other adivasi („scheduled/ tribal? ) communities – get almost nothing. Many continue to live in makeshift camps, unable to access health and education services, effectively abandoned by the government. Adivasis – around 7. 5% of India? s population – are a disproportionate segment of India? s IDP population. They make up 40% of the estimated 33 million people displaced by development projects. 10 10 Mahanirban Calcutta Research Group (www. mcrg. ac. in) 12 Approach to overcome: Discussion of a draft IDP policy continued for two decades and it was only in 2004 that a National Rehabilitation Policy for Project Affected Families (NPRR) was passed with minimal debate. NPPR only applies to those displaced due to development projects and is primarily meant to safeguard the interests of resource-poor landless agricultural laborers, forest dwellers, artisans and advisory groups. IDPs in Srilanka: By 1995, the number of people internally displaced by the Tamil- Sinhalese conflict in Sri Lanka had topped a million. A ceasefire in 2002 saw the number of IDPs decline but the tsunami on 26 December 2004 and the resumption of hostilities between the Sri Lankan government and the Liberation Tigers of Tamil Elam (LTTE) have led to new displacement. The Internal Displacement Monitoring Centre (IDMC) estimates that 200,000 people have been displaced since January 2006 and that IDP numbers are again in excess of half a million. Approach: Throughout the conflict no ministry has had overall responsibility for IDP welfare and there are no comprehensive policies or guidelines on displacement. A range of departments, ministries and aid agencies have taken responsibility for relief, protection and assistance. Administrative practices have been subject to whimsical changes and food entitlements have often been arbitrarily cut. In June 2002 the government adopted a National Framework for Relief, Rehabilitation and Reconciliation to provide a common strategy for needs assessment, planning and delivery of assistance. 13 Displaced tsunami survivors have been more successful in accessing resources. Houses, albeit of poor quality, were built in record time and compensation payments made. Conflict-affected IDPs were upset by the differential treatment, especially as their monthly food rations were less than those given to tsunami survivors. UNHCR officials are aware of discrepancy of provision but there is little they can do. Tough times lie ahead for Sri Lanka? s war-affected IDPs. IDPs in Nepal: It is estimated that up to 200,000 people have been internally displaced in Nepal by ten years of war, which has claimed more than 13,000 lives and affected all districts of the country. The war has also thrown hundreds of thousands of people onto the road to India – a traditional migration route for Nepalese. The government announced policies for IDPs in 1999 and made local civil servants responsible for registering displaced people. However, hardly any did so. No accurate displacement figures are available since movements have not been monitored and no comprehensive registration has taken place. As a consequence of a biased governmental IDP definition, the majority of IDPs have been excluded from assistance and the „IDP? term has become a pejorative label designating a small group of displaced closely linked to the state. This makes future registrations as well as assessments of the scope of displacement very difficult. Hardly any IDPs have returned home, despite the ceasefire and conclusion of a peace agreement in November 2006. Plans to provide fertilisers, seeds, health care, food for work, security and temporary shelter have been half-hearted. 11 11 www. internal-displacement. org 14 The way forward South Asia needs a paradigm shift. Programmes for rehabilitation and care for IDPs must fall within the framework of rights and justice, not those of humanitarian needs and welfare. Governments have to recognise that they cannot give aid to one group of IDPs and deny it to others. They need to acknowledge the reality that the bulk of conflictor development-induced IDPs are adivasi, lower caste, rural and urban poor and/or women. Although national policies on IDPs are flawed, it must be acknowledged that governments are belatedly developing IDP policies as a result of popular activism, research and the work of national human rights commissions. These are moves in the right direction. In West Bengal, a self-avowed leftist state in India, recent activism by potential IDP and civil society partners has forced the state government to rethink the process of acquiring agricultural land for industry and to engage in dialogue with the people who are to be displaced concerning compensation for lost land. Unless the situation of IDPs is addressed and justice achieved, there will be no lasting peace in South Asia. 12 The rights of internally displaced persons IDPs are entitled to enjoy, equally and without discrimination, the same rights and freedoms under international and national law as do other persons in their country. International law does not specifically address the plight of IDPs, but this does not mean that they are not protected under the law. In fact, the following three bodies of law provide a comprehensive legal framework for protection in all situations of internal displacement, including during armed conflict: ? International human rights law; ? International humanitarian law; and ? International criminal law. 12 IDP protection at the national level in South Asia by Paula Banerjee([emailprotected] ac. in) 15 IDPs are entitled to enjoy, equally and without discrimination, the same rights and freedoms under international and domestic law as do other persons in their country. As citizens or habitual residents1 of their country, IDPs remain entitled to full and equal protection under the State? s national law, which should be compatible with the State? s obligations under international law. The challenge for international agencies, NGOs, and States has been to identify the rights and guarantees dispersed in the rich body of international law that respond to the particular needs and protection risks that arise during displacement. A global advocate for IDPs: The Representative of the Secretary-General on the Human Rights of Internally Displaced Persons, who reports to the United Nations Human Rights Council and United Nations General Assembly, engages in dialogue and advocacy with governments and other actors concerning the rights of IDPs, and works to strengthen the international response to internal displacement. Activities include:13 ? promoting the rights of IDPs as articulated in the Guiding Principles on Internal Displacement; ? engaging governments and other actors on specific situations of internal displacement and the human rights of IDPs, including by undertaking country visits; and ? sponsoring national and regional seminars and undertaking research on issues related to internal displacement. 13 http://ap. ohchr. org/documents/dpage_e. aspx? m=71 16 Guiding Principles on Internal Displacement In the 1990s the need for international standards for the protection of internally displaced persons (IDPs) became apparent when the number of people uprooted within their own countries began to soar. Concern over the vulnerability of IDPs led the UN Commission on Human Rights to ask the Representative on IDPs, Francis Deng, to examine the extent to which existing international law provides adequate coverage for IDPs (1992), and to develop an an appropriate framework for IDPs (1996). Accordingly, the Representative, with the support of a team of international legal experts, formulated the Guiding Principles on Internal Displacement, which were presented to the Commission in 1998. 14 Content In line with international human rights and humanitarian law, and with refugee law by analogy, the 30 principles set out the rights and guarantees relevant to the protection of IDPs in all phases of displacement, providing protection against arbitrary displacement; protection and assistance during displacement; and during return or internal resettlement and reintegration. The principles provide guidance to all relevant factors: the Representative in carrying out his mandate; states when faced with the phenomenon of internal displacement; all other authorities (including de facto authorities), groups and persons in their relations with IDPs; and inter-governmental and non-governmental organizations. The principles establish that IDPs must not be discriminated against simply because of their displacement, or because of their race, sex, language, religion, social origin or other similar factors. 4 http://www. brookings. edu/fp/projects/idp/resources/gpsenglish. pdf 17 The principles restate the right not to be arbitrarily displaced and prohibit displacement on ethnic, religious or racial grounds. The principles reaffirm that national authorities have the obligation to ensure that IDPs basic rights to food, water, shelter, dignity and safety are met. They should accept the assistance of the international community where they do not have the capacity to pr ovide assistance and protection to IDPs. IDPs have also the right to seek asylum in another country. In the return phase, the principles emphasize the importance of voluntary and safe return, as well as the need to assist the displaced to recover their property and possessions. Solution to IDPs Adapting national policies and legislation to the UN Guiding Principles on Internal Displacement. The Guiding Principles are based on existing human rights and humanitarian law treaties and conventions. Most countries with an IDP population have ratified them and are therefore bound to respect the rights and freedoms contained therein. Standards provided under the Guiding Principles mostly specify provisions of such treaties and conventions to adapt them to the problems faced by IDPs. Hence, the Guiding Principles should be understood not as a layer of completely new international obligations but as a tool to facilitate the application of existing international legal standards. The potential benefits for a nation state of including the Guiding Principles in national legislation are: 18 ? bringing international legal principles closer to ordinary citizens: national law can be invoked more easily than the abstract instruments of international human rights law ? providing for a higher degree of legal certainty and for an environment where „justice is seen to be done? ? clearly demonstrating to the international community a commitment to apply the highest possible standards and to take national ownership of the process ? ncouraging the international community to provide support and assistance for the state? s engagement in protecting the rights of the displaced There is, therefore, no reason why the inclusion of the Guiding Principles into national policies or legislation should not become a standard procedure for all countries with an IDP situation. Conclusion The Guiding Principles have moved beyond an advocacy tool to attract the attention of donors to wards a common platform for national and international action taken on behalf of the internally displaced. However, cultural differences, divergent perceptions of human rights policy and implementation mechanisms, historic backgrounds, conflict and natural disasters are among the factors that could thwart further progress. The establishment of IDP policies or legislation must therefore be seen as complementing efforts by governments and the international community to establish effective parameters for addressing country-specific political, legal and economic aspects. 19