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United Nations

The international community has recently begun to acknowledge the plight of the internally displaced and is taking steps to address their needs. In 1992, at the request of the Commission on Human Rights, the Secretary-General of the United Nations appointed a Representative on internally displaced persons (IDPs). The Representative was mandated to study the causes and consequences of internal displacement, the status of IDPs in international law, the extent of the coverage accorded to them within existing international law and institutions and the means by which their protection and assistance could be improved, including through dialogue with Governments and other relevant actors.



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The international community has recently begun to acknowledge the plight of the internally displaced and is taking steps to address their needs. In 1992, at the request of the Commission on Human Rights, the Secretary-General of the United Nations appointed a Representative on internally displaced persons (IDPs). The Representative was mandated to study the causes and consequences of internal displacement, the status of IDPs in international law, the extent of the coverage accorded to them within existing international law and institutions and the means by which their protection and assistance could be improved, including through dialogue with Governments and other relevant actors. The Representative appointed began to develop an international human rights framework to protect IDPs, which involved dialogue with governments and the promotion of a response to the difficulties faced by this group. A "Compilation and Analysis of Legal Norms" relating to IDPs and the corresponding obligations of states was submitted to the United Nations High Commission on Human Rights in 1996.The United Nations High Commissioner on Refugees has developed a manual specifically on this issue for use by its staff members.

Following the preparation of the compilation the representative of the Secretary-General began drafting Guiding Principles on the treatment of internally displaced persons. These principles were completed in 1998. They bring together and clarify international human rights and international humanitarian law applying to IDP's. Their aim is to provide guidance to the Secretary Generals Representative, Governments, other authorities, and intergovernmental and non-governmental organisations, on the treatment of this group, highlighting particular concerns and needs. The Principles address the rights and guarantees relevant to IDP’s during displacement, return, resettlement, and reintegration. They define internally displaced persons in paragraph 2 as those "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".

The Guiding Principles guarantee all rights and freedoms available to citizens of States under domestic and international law to the internally displaced. A primary duty is placed on national authorities to provide protection and humanitarian assistance to IDP’s within their jurisdiction. IDPs have the right to request such protection and the right not to be persecuted or punished for making such requests. The Principles are to be applied without discrimination, and require that vulnerable groups including expectant mothers, mothers with children and unaccompanied minors receive the protection and assistance required by their condition.

Under section two of the Principles protection from displacement is safeguarded. This includes an obligation on national authorities to prevent and avoid conditions leading to displacement; and ensure the right to protection against arbitrary displacement. Section 3 outlines the Principles relating to protection during displacement, including protection for fundamental human rights such as the right to life; the right to dignity and physical, mental and moral integrity. Human rights including: the right to family unity; an adequate standard of living; legal recognition; and protection from arbitrary deprivation of property are also included under section 3. Principles relating to humanitarian assistance are included in section 4 requiring States to carry out humanitarian assistance in accordance with principles of humanity and non-discrimination. Section 5 on return reintegration places a primary duty on States to establish the conditions to allow IDPs to return voluntarily and in safety and dignity.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.


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