Refugee at Home
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Unlike refugees who cross national borders and have access to an established system of international protection and assistance, those who are displaced in their own countries suffer from the absence of a legal and institutional basis for receiving protection and assistance from the international community. Because their own Governments fail or are often unable to provide for their well-being and security, the internally displaced persons (IDPs) are frequently at risk of starvation, suffer from high rates of preventable diseases and are vulnerable to severe human rights abuse. Whether in Kosovo, the Sudan, Sierra Leone or Afghanistan, the IDPs are in need of international attention, as news reports bring graphic descriptions of mass killings, deliberate starvation, slavery, mutilations, forced conscription and sexual violence. In 1992, to gain a better understanding of the problem, the United Nations Secretary-General appointed a Representative on Internally Displaced Persons, at the request of the Commission on Human Rights. The Representative, Dr. Francis M. Deng, a former diplomat from the Sudan, visited 13 countries with serious problems of internal displacement, established dialogues with Governments, developed a legal framework for dealing with internal displacement, and has generally served as a catalyst, raising international awareness of the problem and advocating better protection, assistance and reintegration and development aid for the IDPs.
This means that a State can claim the prerogatives of sovereignty only so long as it carries out its internationally recognized responsibilities to provide for the security and well-being of its population. If a State is unable to do so, it is expected to request outside offers of aid. If it refuses to do so and deliberately obstructs access, this legitimizes the involvement of the international community in actions ranging from diplomatic initiatives to political pressure, sanctions and, as a last resort, military intervention. To provide the international community with a basis for action, Dr. Deng developed a legal framework for the internally displaced. In 1998, he introduced the Guiding Principles on Internal Displacement into the United Nations. Prepared by a team of international lawyers, the Principles are an important tool for measuring the behaviour of Governments and insurgent groups prior to and during displacement, and during return and reintegration. They set forth the rights of the internally displaced and the obligations of the relevant authorities under international law and practice. Since the IDPs often reside in areas controlled by non-State actors, the extension of the Principles to them is an important means of promoting protection. Although not a binding legal document, the Principles have quickly gained in a short time standing and authority. The Commission on Human Rights and the Economic and Social Council have acknowledged them, the Inter-Agency Standing Committee has endorsed them, and the major international humanitarian and development organizations are disseminating them and asking their staff to apply them in the field. They are also being widely disseminated by regional organizations and non-governmental organizations (NGOs). As they become more widely known, it is expected that they will lead to stronger advocacy on behalf of the internally displaced and, in time, better observance. A more consistent and vigorous response is also needed from the international organizations when persons are forcibly uprooted and subjected to starvation and other human rights abuses in their own countries. Over the past decade, an array of international humanitarian, human rights and development organizations have broadly interpreted their mandates or increased the scope of their activities to provide this, most notably the Office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Children's Fund (UNICEF), the World Food Programme (WFP), the United Nations Development Programme (UNDP), the World Health Organization (WHO), the International Organization for Migration (IOM), and the Office of the High Commissioner for Human Rights (OHCHR). But the system is largely ad hoc: organizations basically pick and choose the situations in which they will become involved, with the result that large numbers of the IDPs go without adequate international attention. To remedy this defect, a strong central point is needed to rapidly assign responsibility to different agencies in serious situations of internal displacement and promote a division of labour. With this in mind, the Secretary-General in 1997 requested the Emergency Relief Coordinator (ERC), Sergio Vieira de Mello, to serve as the system's central point for coordinating assistance to the internally displaced. To date, the ERC has taken a number of administrative steps. The IDPs have become a standing item on the agenda of inter-agency bodies, a senior adviser has been appointed in Mr. Vieira de Mello's office to liaise with focal points on IDPs in the different agencies (a recommendation proposed by Dr. Deng), a global information database on IDPs has been set up with the help of the Norwegian Refugee Council, and the Secretary-General's Representative on Internally Displaced Persons has been invited into the inter-agency decision-making process. Whether these institutional arrangements will translate into actual improvements on the ground remains to be seen. One encouraging sign is the forthcoming publication by the ERC of a manual and a handbook which give examples to field staff of what steps they can take on the ground to better protect and assist the IDPs. Another promising development is that Messrs. Deng and Vieira de Mello, and the High Commissioner for Human Rights, Mary Robinson, are focusing attention on the need for greater protection of the physical safety and human rights of the internally displaced. In too many emergencies, providing food, medicine and shelter has taken priority over the equally compelling need of persons to be protected against assault, forcible conscription, landmines, rape and other egregious human rights abuses. Although most international organizations do not have experience in this kind of protection, the International Committee of the Red Cross does have expertise in creating protected areas, evacuating people and interceding on their behalf.
Of course, in some situations, the only way protection is possible is through military and police action. But neither military action nor humanitarian assistance alone can substitute for the political settlements needed to resolve the disputes and inequities at the heart of many conflicts. Internal displacement, after all, is but a symptom of a far deeper problem within a society. This underscores the need for the United Nations to expend the energy and resources to prevent or contain crises, take early action when there are warning signs, bring pressure to bear on warring parties, insist on the mediation and management of disputes, and offer development aid, investment and debt relief to those who will work to bring conflicts under control. In today's world, internal conflicts have replaced interstate wars as the main source of displacement. A more comprehensive look at humanitarian and human rights crises is therefore essential. They produce not only displacement across borders but within countries. International strategies are needed to address the totality of the problem. This means focusing greater attention on the plight of the internally displaced and strengthening the capacity of the Secretary-General's Representative to take action on their behalf.
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