INTERNALLY DISPLACED PERSONS

I. Introduction

Internally displaced persons (IDPs) constitute one of the largest population groups
affected by civil strife, violent conflicts and humanitarian emergencies. IDPs are people
who have been forced to flee or to leave their homes as a result of, or in order to avoid,
the effects of armed conflict, violent situations, violations of human rights or natural or
human-made disasters, and who have remained in the country of conflict. They are one of
the most vulnerable and least protected groups of people as they not only fail to receive
adequate protection and support from their own government, but they often suffer as a
result of the actions and policies of their governments.

Current estimates for the world's IDPs range from 25 to 40 million. The lack of
defendable and accurate information on the size and scope of the IDP problem has
undermined efforts by international aid agencies to provide assistance to IDPs. Unlike
refugees who cross international borders and benefit from an established system of
international protection and assistance, those forcibly uprooted within their own
countries, lack support.

II. Few Reasons of Internal Displacement

1. Loss of life, brutality, violence and threats thereof that create a climate of
insecurity frequently force people to flee their homes. In some cases the forced
movement of persons may be because of genocide, including "ethnic cleansing", or
to inhuman and degrading treatment.

2. Systematic patterns of discriminatory treatment in the enjoyment of civil,

political, economic, social and cultural rights.

3. People may become displaced because their land or other real property is
confiscated or expropriated, or they may, lose the possibility of using the land or
property in question, for instance due to military attacks.

4. Large-scale damage to the environment often causes or compounds forced

movements of persons. Such damage may result from scorched-earth tactics,
nuclear tests, unsafe industrial projects, chemical or radiation leaks or the
movement of hazardous waste.

5. Development projects like large dams may cause evictions and displacement.

6. Natural disasters like earthquakes, change of river course may cause large scale
displacements.

III. Definition
There is a widely used working definition set out in a UN Commission on Human Rights
report issued in 1992 by the then Secretary General Boutros Ghali. It states that,
“Persons who have been forced to flee their homes, suddenly or unexpectedly in large
numbers, as a result of armed conflict, internal strife, systematic violation of human
rights or natural or man-made disasters, and who are within the territory of their own
country.”

The International Law Association has adopted a definition of IDPs in its London
Declaration held in 2001. It defined IDPs as “persons or group of persons who have been
forced to flee or leave their homes or places of habitual residence as a result of armed
conflicts, internal strife or systematic violation of human rights, and who have not
crossed an internationally recognized State border.”

The UN Guiding Principles on Internal Displacement defines the term as:

IDPs 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.

Involuntary departure and the fact that the individual remains within his/her country
are the two defining elements of an internally displaced person (IDP). The first element
distinguishes IDPs from individuals who left their homes out of choice and could have
otherwise safely remained where they lived. The second element explains why IDPs are
not refugees. Refugees, by definition, are outside of their country of nationality or
habitual residence. In other respects, however, both categories of displaced persons often
face similar risks and deprivations.

The definition mentions some of the main causes of internal displacement, including
armed conflict, violence, violations of human rights and disasters. This is not an
exhaustive list; the phrase “in particular” means that it does not exclude the possibility
that other situations might meet the two key criteria of involuntary movement within
one’s country.

It is important to understand that the IDP definition is a descriptive definition rather than
a legal definition. It simply describes the factual situation of a person being uprooted
within his/her country of habitual residence. It does not confer a special legal status in the
same way that recognition as a refugee does. This is not necessary for IDPs because,
unlike refugees who require being formally recognized as such by the country of asylum
or UNHCR under its mandate, IDPs remain entitled to all the rights and guarantees as
citizens and other habitual residents of a particular State.

IDPs have been compelled to leave their homes and often cannot return because they face
risks at their places of origin from which State authorities are unable or unwilling to
protect them, because they might have been specifically prohibited to return, or because
their homes have been destroyed or are being occupied by someone else. They also may
face the risk of forced return to an area that is unsafe.

IV. Why IDPs Need Special Protection

The particular factors of internal displacement that tend to heighten protection risks
include:

 IDPs have lost their homes and, as a result, may be in need of shelter. In some
cases may be compelled to seek shelter in crowded camps or settlements, which
can give rise to various protection risks.
 They have often lost access to their land and other property and are cut off
from their normal livelihoods and sources of income. As a result they may suffer
poverty, marginalization, exploitation and abuse.
 Access to adequate food, safe water and public services, such as education and
health care becomes difficult, often leading to high levels of hunger, malnutrition
and disease.
 Family and community-structures often collapse and family members become
unaccompanied and separated children, single-headed households (in particular
when headed by women or children), older persons and persons with are often at
heightened risk of abuse, including sexual exploitation, child labour or forced
recruitment into armed forces or groups.
 Identity documents often are lost, destroyed or confiscated in the course of
displacement. As a result, IDPs often face difficulties in accessing public services,
such as education and health care, limits on freedom of movement and heightened
risk of harassment, exploitation or arbitrary arrest and detention.
 In many cases, IDPs are displaced into areas where they face marginalization,
discrimination and hostility, may be exposed to landmines or explosive remnants
of war, or are targeted for abuse and attack.

V. Who is responsible for protecting IDPs?

Primary responsibility for protecting internally displaced persons, and all persons within
their own country, rests with the national authorities of the country. National
responsibility is a core concept of any response to internal displacement. Yet, it is
sometimes the very governments responsible for protecting and assisting their internally
displaced populations that are unable or even unwilling to do so, and might even be
directly involved in forcibly uprooting civilians.
In an armed conflict, the International Committee of the Red Cross (ICRC) is clearly
mandated to protect and assist internally displaced persons. Indeed in many conflict
situations the ICRC does play an important role.

Though the refugee definition in Article 1A of the Refugee Convention does not cover
categories of persons such as IDPs, in both armed conflict and post-conflict situations,
UNHCR has taken responsibility for care and protection of IDPs. In fact UNHCR has
been considered by some as best suited to have overall responsibility for internally
displaced persons in view of its expertise, but so far the organization has been unwilling
to accept such responsibility. Nonetheless, UNHCR still takes over the responsibility on
an ad hoc basis, when it is requested to do so by the Secretary General or the General
Assembly. Currently the UNHCR is involved in operations with a total of 5.2 million
IDPs.

However, the role of international actors is to reinforce, not replace, national

responsibility. This requires a two-pronged approach of encouraging States and other
authorities to meet their protection obligations under international law while also
supporting the development of national and local capacities to fulfill these protection
responsibilities.

VI. Legal framework for Protection of IDPs

With regard to a legal framework, there is no specific system of international protection

for IDPs. These persons fall under the jurisdiction and sovereignty of the state within
which they remain, complemented by general international human rights law and
international humanitarian law, the latter in cases of an armed conflict, be it an
international or internal one. IDPs do not lose their inherent rights because of the
displacement and should receive the same protection as those not displaced.

Under international human rights law, States have the obligation to respect, protect and
fulfill the human rights of their citizens and other persons on their territory or under their
jurisdiction. Furthermore, in situations of armed conflict, international humanitarian law
applies. Thus, national law, together with international human rights law and international
humanitarian law, forms the basic legal framework for the protection of IDPs.

Among the international human rights instruments that merit mention as especially
pertinent to the protection of IDPs, the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights (ICCPR) and the International
Covenant on Economic, Social and Cultural Rights (ICESCR) stand out.

The ICCPR in particular declares certain fundamental rights as not derogable, including
the right to life; freedom from torture or cruel, inhuman and degrading treatment or
punishment; freedom from slavery or to be held in servitude; recognition as a person
before the law; and non-discriminatory treatment. Where derogation may not be
precluded, the ICCPR requires that the “public emergency which threatens the life of the
nation” should be officially proclaimed and the derogation must be strictly required by
the exigencies of the situation. These universally applicable instruments are buttressed by
many others, universal as well as regional, concerning more specific fields of rights or
which relate to specific groups.

Turning to international humanitarian law, the principal instruments are the four Geneva
Conventions of 1949 and their two Additional Protocols of 1977. The four Geneva
Conventions and Additional Protocol I form a normative framework for the overall
protection of civilians during international armed conflict. The Geneva Convention
Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva
Convention) is of particular relevance to the protection of IDPs. Both treaty-based and
customary international humanitarian law oblige States Parties to distinguish at all times,
in a conflict, between the civilian population and combatants, and to direct operations
only against military objectives.

Non-international armed conflicts are covered by Article 3 common to the Four Geneva
Conventions and Additional Protocol II. Together, they provide for the protection of
civilian populations against, inter alia, being objects of attacks; displacement unless for
safety or imperative military reasons; violence to life and person, in particular murder of
all kinds, mutilations and torture; taking of hostages; outrages upon personal dignity, in
particular humiliating and degrading treatment, enforced prostitution and any form of
indecent assault; corporal punishment; taking of hostages; and collective punishment.
International humanitarian law is binding on both States and organized armed groups.

VII. UN Guiding Principles on Internal Displacement

The 1998 UN “Guiding Principles on Internal Displacement” contains thirty principles

divided into five sections. 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 Guiding Principles on Internal Displacement bring together the rights of IDPs and
the responsibilities of national authorities and non-State actors towards them. Although
not a binding document, like a treaty, the Guiding Principles are based on and reflect
existing standards of international law, which are binding.

The Principles’ authority is reinforced by the wide international acceptance that they have
received. They are recognized by States as “an important international framework for the
protection of internally displaced persons,” as well as a “tool” and “standard” to guide
governments, international organizations and all other relevant actors in situations of
internal displacement.

The Guiding Principles provide a definition of an IDP and a comprehensive statement of

what protection should mean during internal displacement. It covers all phases of
displacement:

 the pre-displacement phase, providing protection from unlawful displacement;

 protection and assistance during displacement; and

  durable solutions, namely return, local integration at the place of displacement or
resettlement in another part of the country and reintegration.

The Guiding Principles address a range of particular needs and protection risks that
typically arise in situations of internal displacement, such as family separation, loss of
documentation, freedom of movement in and out of camps, and loss of property, and
identify the corresponding rights and guarantees to address these concerns. Incorporating
civil and political rights as well as economic, social and cultural rights, the Principles
cover the broad spectrum of rights, including those not typically at the forefront of
humanitarian action. It covers rights relating to:

 physical security and integrity (such as the rights to life, protection from torture
and rape);

 basic necessities of life (such as the rights to food, water, shelter, health and
sanitation);

 economic, social and cultural protection needs (such as access to education,

property restitution or compensation); and

 civil and political protection issues (such as the rights to personal

documentation and to political participation).

VIII. Guiding Principles on Internal Displacement: Overview

Introduction

The Introductory part provides a definition of internally displaced persons. It affirms that
the Principles reflect international human rights law and IHL. It also explains that the
purpose of the Principles is to provide guidance in situations of displacement

A. General Principles (Principles 1-4)

a. National authorities have the primary responsibility to protect and assist IDPs
within their jurisdiction

b. IDPs are entitled to enjoy in full equality the same rights and freedoms as other
persons in their country and shall not be discriminated against

c. Certain IDPs, especially unaccompanied minors, expectant mothers, mothers with

young children, female heads-of-households, persons with disabilities and the
elderly, might require specific attention

B. Protection from Arbitrary Displacement (Principles 5-9)

 a. Articulates a right not to be arbitrarily (unlawfully) displaced and spells
out the situations in which displacement is absolutely prohibited

b. States have a duty to avoid the displacement of populations unless

absolutely necessary and to protect against the displacement of groups with a
special dependency on their lands

c. When displacement is unavoidable, certain guarantees must be established

for displacement to be lawful

C. Protection and Assistance during Displacement (Principles 10-23)

IDPs, should enjoy, a broad range of civil, political, economic, social and cultural rights,
including the rights:

 To life and to protection against acts of violence and torture, sexual and
gender-based violence, landmines, and recruitment of children into armed forces
or groups and their participation in hostilities

 To safe access to essential food, potable water, basic shelter, appropriate

clothing, medical services and sanitation

 to freedom of movement, including in and out of IDP camps

 to seek asylum in another country

 to personal documentation

 to respect for family life and unity

 to education and training, equally for women and girls

 to employment and participation in economic activities

 to vote and participate in government and public affairs

D. Access to Humanitarian Assistance (Principles 24-27)

a. When State authorities are unable or unwilling to provide assistance to the

displaced, international organizations have the right to offer their services and to
enjoy rapid and unimpeded access to the displaced

b. Humanitarian assistance shall be provided consistent with the principles of

humanity and impartiality and without discrimination
 c. Humanitarian actors should take into account and work to address not only
the assistance but also the protection concerns of IDPs

E. Durable Solutions (Principles 28-30)

IDPs should have access to a durable solution to displacement, namely rights to:

a. Return to their place of origin, integrate locally at displacement site, or

resettle elsewhere in the country – voluntarily, safely and in dignity

b. Participate in planning their return or settlement and reintegration

c. Return of lost property or, where not possible, to receive compensation

d. Equal access to public services

The Principles are intended to provide guidance in carrying out mandate; to States when
faced with the phenomenon of displacement; to all other authorities, groups and persons
in their relations with internally displaced persons; and to intergovernmental and non-
governmental organizations when addressing internal displacement. The Guiding
Principles are therefore intended to be a persuasive statement that should provide not
only practical guidance, but also an instrument for public policy education and
consciousness-raising. By the same token, they have the potential to perform a preventive
function in the urgently needed response to the global crisis of internal displacement.

IX. Conclusion

Very often internal displacement occurs in situations where the government either is
unable or unwilling to provide protection and assistance, or, government policy and
actions in fact create displacement. The guiding principles presented in 1998 to the UN
Commission on Human Rights are intended to identify the rights and guarantees for the
protection of internally displaced persons and to fill the legal gaps affecting the specific
problems faced by these persons. The principles reiterate the rights of internally displaced
persons and the obligations of states as well as of other parties to the conflict, thus
offering, among other things, protection against arbitrary displacement, protection during
the actual displacement, and reintegration after displacement. Notably, the principles also
spell out the right of internally displaced persons to request international humanitarian
assistance, the right of the international community to provide for humanitarian
assistance, and the duty of the state to accept such assistance. Although the guiding
principles are not a legally binding document, the principles reflect existing international
human rights law and international humanitarian law. For UNHCR, the guidelines
provide for a “valuable protection tool and a strongly persuasive frame of reference.”
Further Reading:

1. Lee Luke T., The Refugee Convention and Internally Displaced Persons,
International Journal of Refugee Law, Vol. 134, No. 3.
2. Sharma R N, Involuntary Displacement: A Few Encounters, Economic and
Political Weekly, March 1, 2003.
3. United Nations High Commissioner for Human Rights; Internally Displaced
Persons: Commission on Human Rights Resolution 2003/51.
4. Principles on Housing and Property Restitution for Refugees and Displaced
Persons (The Pinheiro Principles, 2005) UN Document E/CN.4/Sub.2/2005/17.