People displaced within their own countries – whether by conflict or disaster – often struggle for the same recognition and protections afforded to refugees. And yet the Guiding Principles on Internal Displacement were launched 21 years ago today – the creation of Sudanese diplomat Francis Deng, then the UN’s special rapporteur for IDPs, or internally displaced persons.
The 30 principles built on pre-existing instruments such as the Geneva Conventions, the 1951 Refugee Convention, and the Universal Declaration of Human Rights – all of which ratifying governments had committed to. They reminded national governments of certain absolute obligations towards their citizens, those laid down in international humanitarian law. More than two decades later, governments continue to routinely fail to implement Deng’s principles; in Africa this is despite the African Union having made them binding through the 2009 Kampala Declaration.
The grossest violations of international law can be prosecuted in the International Criminal Court, the International Court of Justice, and specialised courts such as those set up for Rwanda and the former Yugoslavia. But when IDPs can’t enjoy basic rights found in domestic law – for example to education, health services, or to vote – it speaks to deep problems of neglect that can’t be prosecuted by international bodies.
The lack of application of the guiding principles since 1998 reveals not only a lack of awareness of the needs of IDPs, but also of the inability of states to prevent and resolve the crises that force people to flee within their own country.
When IDPs can’t enjoy basic rights found in domestic law – for example to education, health services, or to vote – it speaks to deep problems of neglect that can’t be prosecuted by international bodies.
When the principles were born, there were 20 million IDPs; by the end of 2017 there were twice as many – a rise driven by protracted conflicts and a growing number of extreme weather events. Those who flee from armed conflicts often remain IDPs for many years, while those who are forced away because of storms, floods, or earthquakes tend to return sooner.
So what can be done to improve the lives of the world’s 40 million IDPs?
In a 2018 analysis for the 20th anniversary of the guiding principles, the Internal Displacement Monitoring Center (IDMC) in Geneva – established at the initiative of the Norwegian Refugee Council in the year the principles were launched – identified three urgent issues for further action.
First, the economic consequences of internal displacement need to be properly assessed. In terms of shelter, healthcare, and food, these can be estimated with relative ease, but the more intangible societal burden – lost opportunities in education, investments and revenue, psychological trauma, and social fragmentation – is harder to pin down. IDMC has begun a new programme to estimate these costs, so that the real burden to societies becomes known and can be factored into national plans and budgets.
Second, access to data on existing levels and new flows of internal displacement must be improved. IDMC uses a broad range of formal and informal sources for its statistics – sources often afflicted with considerable uncertainty as states don’t always register the correct information or make data public.
Finally, and most importantly, governments in the affected countries must be encouraged and supported to take more responsibility for their IDPs.
Much has happened in terms of protection and assistance during displacement, but a great deal remains to be done to prevent flight in the first place, and to enable safe return and reintegration. Many states are not taking these responsibilities as seriously as their citizens have the right to expect. And some are committing, or allowing, grave violations of international humanitarian law and human rights. Displacement has, in some countries, been enforced, or even prevented, through siege. And several fragile and conflict-prone states lack the capacity to even implement the principles.
In Somalia, for instance, IDPs find their way to cities when violence, drought, and floods undermine their rural livelihoods. The largest increase in 10 years occurred in 2017 – there are now 600,000 IDPs in Mogadishu. In the absence of legislation and regulations, they live under great insecurity, especially in the capital. As the value of land where they have settled rises in the growing economy, they risk being forcibly evicted by landowners belonging to a different clan than their own. They are extremely vulnerable, mostly living in poor shelters without access to clean water, healthcare, or education.
In Ethiopia, the new government has created political openings and the beginning of reconciliation with Eritrea. But communal tensions over access to natural resources in 2018 led to violence between ethnic groups in the south of the country that created the largest number of new IDPs anywhere in the world. Hundreds of thousands of these people were being assisted with relative efficiency by the authorities but were forced to return towards the end of the year under the threat of having assistance taken away – even though the conflict in the south remained unresolved. Many Ethiopian IDPs have ended up in a new cycle of precarious displacement with little hope of rebuilding their livelihoods.
Last year's global compacts on migration and refugees, for instance, didn't even try to address the IDP issue.
In Syria, a degree of repressive stability is emerging as the regime regains control of large parts of the country. But 2.9 million new IDPs were added in 2017 – many finding themselves in Idlib province, which remains under threat from a new military offensive. Syrian IDPs are often hard to reach for humanitarian actors struggling to gain access to areas both under and outside of government control. For a long time the regime failed to properly acknowledge the existence of IDPs. Both the regime and rebel groups used besiegement as a war strategy – to force the population onto its knees by depriving them of food, water, and medical assistance. A new law gives the authorities the right to seize land and property for redevelopment, only providing compensation if the owner is able to prove ownership within one year – this will hit refugees and IDPs hard and make return and reintegration more difficult.
States can always invite the UN's refugee agency, UNHCR, or other agencies into their countries to assist IDPs, but many are reluctant to commit to anything that they see as a challenge to national sovereignty – especially anything that is legally binding. Last year's global compacts on migration and refugees, for instance, didn't even try to address the IDP issue.
The number of people forced to flee violence and the impacts of climate change is growing. The Guiding Principles on Internal Displacement should be increasing their chances of receiving protection and assistance. But they need to be respected and, without the political will to prevent people from being forced to leave their own homes in the first place, they are insufficient.
(A version of this article was first published, in Swedish, in the online magazine Mänsklig Säkerhet)
(TOP PHOTO: A young Somali girl walks through an IDP camp near the town of Beletweyne, Somalia. CREDIT: Tobin Jones/AMISOM Photo)
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