| United Nations | A/50/558 |
General Assembly
Distr. GENERAL
20 October 1995
ORIGINAL:
ENGLISH
Fiftieth session
Agenda item 112 (c)
HUMAN RIGHTS QUESTIONS: HUMAN RIGHTS SITUATIONS AND
REPORTS OF SPECIAL RAPPORTEURS AND REPRESENTATIVES
Internally displaced persons
Note by the Secretary-General
The Secretary-General has the honour to transmit to the members of the
General Assembly the report prepared by the representative of the
SecretaryGeneral on internally displaced persons, Mr. Francis Deng (Sudan),
in accordance with Commission on Human Rights resolution 1995/57 of 3 March
1995 and Economic and Social Council decision 1995/273 of 25 July 1995.
95-31166 (E) 221195/...
*9531166*
/... A/50/558
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A/50/558
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ANNEX
Report on internally displaced persons prepared by
the representative of the Secretary-General,
Mr. Francis Deng, in accordance with paragraph 16
of Commission on Human Rights resolution 1995/57
of 3 March 1995 and Economic and Social Council
decision 1995/273 of 25 July 1995
I. INTRODUCTION
1. Significant progress has been made over the last few years in how the
international community deals with internal displacement. But a great deal
remains to be done to establish and consolidate the normative,
institutional and operational frameworks required for an effective system
of protection, assistance and sustainable development for internally
displaced persons. Although it is not possible to predict how the response
of the international community to the epidemic crisis of internal
displacement will evolve in the future, certain indicators are already
apparent. It is clear that there is no international political will at
present to establish a special mechanism for the internally displaced
comparable to that in place for refugees. Nor is it likely that one
existing agency will be designated to assume full responsibility for the
internally displaced. Consequently, for the foreseeable future, the more
practical alternative is likely to be one of collaboration among the
various agencies whose mandates and scope of operations are relevant to the
needs of the internally displaced. The focus remains one of State
responsibility for the citizens and the role of the international community
is to support and sanction that responsibility.
2. It is with this realization in mind that the role of the representative
of the Secretary-General for internally displaced persons, as defined by
the various resolutions of the Commission on Human Rights and the General
Assembly and the directives of the Secretary-General, has evolved over the
last several years into one of a catalyst, a liaison and an advocate for
the internally displaced. In practical terms, this means raising the level
of consciousness about the problem at both the global and the national
levels, stimulating dialogue among all concerned and facilitating
cooperation between national and international actors.
3. The present document is based on the representative's most recent
report to the Commission on Human Rights in February 1995, which summarized
the main findings of the representative over the past three years, the
activities undertaken, the progress made, the difficulties encountered, and
the preliminary conclusions reached on the issue of protection and
assistance for the internally displaced. That report, which the General
Assembly may wish to consult (E/CN.4/1995/50 and Add.1-4), reviewed his
missions to nine countries and follow-up activities to those missions,
discussed in detail the issue of legal standards, analysed relevant
institutional mechanisms and capacities and examined strategies being
developed to provide better assistance and protection. Finally, it outlined
the fundamentals for a plan of action to address the protection, assistance
and development needs of the internally displaced.
4. It may be recalled that the Commission on Human Rights at its forty-
eighth session in 1992 requested the Secretary-General to appoint a
representative to study the human rights issues related to internally
displaced persons, and that following the submission of the
representative's comprehensive study in 1993 (E/CN.4/1993/35, annex), the
Commission extended his mandate for another two years. In 1995 the
Commission extended the representative's mandate for a further three years.
In compliance with the most recent resolutions of the Commission (1994/68
and 1995/57) and the General Assembly (48/135), the representative has
reported to the General Assembly at its forty-eighth (A/48/579, annex) and
forty-ninth (A/49/538, annex) sessions, as well as to the fiftieth
(E/CN.4/1994/44 and Add.1) and fifty-first sessions (E/CN.4/1995/50 and
Add.1-4) of the Commission.
II. OVERVIEW OF THE PROBLEM
5. Internal displacement has become a monumental crisis in both scope and
intensity. Among its causes are internal conflict, ethnic strife, forced
relocation, and gross violations of human rights. When the Commission
first considered the subject in 1992, the number of internally displaced
persons was estimated at about 24 million. The total is now believed to
have climbed to at least 30 million, surpassing the number of refugees.
According to existing data, there are approximately 16 million internally
displaced persons in Africa, 6 to 7 million in Asia, more than 5 million in
Europe and up to 3 million in the Americas. The number of internally
displaced in fact may be even higher, given the reticence of Governments to
admit the existence of the problem and considering that there is no
institution charged with collecting the information. Nor is there a
consistent methodology among the various groups that do collect the data.
In addition, in countries or areas of countries where there is minimal or
no operation by the United Nations or other international agencies,
displaced persons can remain hidden from or forgotten by the international
community. 1/
6. The United Nations High Commissioner for Refugees estimates that one in
every 130 people in the world has been forced into flight and has become
either externally or internally displaced. 2/ Internal conflicts, which in
the postcold-war era have become more prevalent than conflicts between
States, are a principal cause of displacement. 3/ It is estimated that
internal conflicts are forcing the flight of an estimated 10,000 persons
daily. 4/ Another major factor explaining the rising toll of internally
displaced persons is the increasing international preoccupation with the
prevention of refugee flows. The growing reluctance of States to admit
large numbers of refugees or to finance their stay in third countries is
forcing greater numbers of persons to remain displaced within their own
countries.
7. Because they remain under the control of national authorities, the
internally displaced, unlike refugees, often do not receive the assistance
and protection of the international community. The vast majority live
under the adverse conditions of a hostile environment, where their access
to protection and assistance is constrained. Moreover, while all victims
in internal conflict situations are at serious risk, the internally
displaced are often more vulnerable. Some of the highest mortality rates
ever recorded during humanitarian emergencies have come from situations of
internal displacement, where the death rates among internally displaced
persons have been as much as 60 times higher than those of non-displaced
within the same country. 5/ The internally displaced are also often more
vulnerable to round-up, forcible resettlement, arbitrary detention, arrest,
forcible conscription or sexual assault, and suffer more often from a lack
of food and health care.
8. In recent years, an increasing number of United Nations agencies,
humanitarian organizations and non-governmental groups have expanded their
areas of operations to respond to the needs of the internally displaced.
In particular, the Office of the United Nations High Commissioner for
Refugees (UNHCR) and humanitarian organizations like the International
Committee of the Red Cross (ICRC) have substantially increased their
involvement with internally displaced populations. Other agencies such as
the United Nations Children's Fund (UNICEF), the World Food Programme
(WFP), the United Nations Development Programme (UNDP), the World Health
Organization (WHO) and the International Organization for Migration (IOM)
have also become more involved, and the Department of Humanitarian Affairs
of the Secretariat has taken steps, in particular through the Inter-Agency
Task Force on Internally Displaced Persons, to strengthen coordination.
These collaborative arrangements can considerably enhance assistance,
protection and development for internally displaced persons. None the less,
international efforts are mostly ad hoc and often do not reach large
numbers of internally displaced persons at risk. Moreover, they focus
more often on relief than on protection.
9. One of the main reasons for the appointment of the representative of
the Secretary-General was "the absence of a focal point within the United
Nations system" (Commission on Human Rights resolution 1993/95) to bring
attention to the need for improved protection and assistance for internally
displaced persons and to address the human rights and humanitarian
dimensions of the problem. In the past three years, the representative has
tried to raise awareness, especially within the Commission on Human Rights
and the General Assembly and among humanitarian agencies and non-
governmental organizations, of what is generally recognized as one of the
most challenging problems of our time.
III. THE FIELD EXPERIENCE
A. Country profiles
10. As one of the principal elements of the mandate, on-site visits to
countries with serious problems of internal displacement are conducted with
two main objectives: assessing first-hand the situation in order to
determine what needs to be done by Governments and the international
community to address the problems involved; and acquiring information and
insights that deepen understanding of the generic problems of internal
displacement and perhaps help in formulating standards and strategies for
its solution. Both objectives fulfil a catalytic role by raising the level
of consciousness among the pertinent actors, generating functional dialogue
with all concerned and fostering a collaborative process involving the
primary responsibility of the Government and the complementary or
supplementary role of the international community.
11. Following the representative's appointment in 1992, he visited the
former Yugoslavia, the Russian Federation, Somalia, the Sudan and El
Salvador, upon which he reported in his comprehensive study
(E/CN.4/1993/35, annex). Since the extension of his mandate in 1993, the
representative has visited Sri Lanka (November 1993), Colombia (June 1994),
Burundi (September 1994), Rwanda (December 1994) and Peru (August 1995) and
has prepared country profiles on each of those visits
(E/CN.4/1994/44/Add.1; E/CN.4/1995/50/Add.1, 2 and 4; the report on Peru is
forthcoming). Each of the reports provides an overview of the particular
crisis of internal displacement, an analysis of the humanitarian and human
rights issues involved and suggestions to the Government and the
international community for corrective measures. The following are major
themes highlighted in the reports as central to the problem of internal
displacement.
Manifestation of the problem
12. Internal displacement manifests itself differently in different
countries. In several countries visited - for instance, Somalia, the Sudan,
Sri Lanka, the former Yugoslavia and Rwanda - the displaced were
identifiable as large clusters of people in camps, uprooted from their
homes and divested of their natural resource base, as a result of which
they were entirely dependent on humanitarian assistance and precarious
protection from the controlling authorities. In contrast, in El Salvador
those internally displaced in the aftermath of the peace agreement were
often integrated into rural areas but still constrained by lack of land and
vital services and in precarious security conditions. In Colombia, the
displaced sought security by merging into established communities, only to
find that owing to similar levels of poverty and inadequate protection, the
host communities could provide little relief to the displaced persons'
plight. The situation in Burundi brought together the various forms of
internal displacement: the "displaced" in the army-protected camps
represented the typical form seen in many countries, whereas the
"dispersed", who merged into rural areas to avoid the security forces, were
somewhat comparable to the displaced of El Salvador and Colombia; unlike
the latter, however, they did not disappear into rural communities but
dispersed into the hills, the marshes or the valleys away from the roads.
In Peru, with the radical reduction of terrorist violence, displacement is
now manifested in several forms: those still displaced in rural areas of
temporary settlement, mostly among the original inhabitants; those in
squatter settlements around urban centres; and returnees seeking
reintegration into their original setting. A significant feature of the
displacement problem in Peru is that displaced populations from previously
marginalized poor rural areas often prefer to resettle in or near urban
centres where they have access to such social services as education, health
care and other amenities.
13. It is important to consider the different ways in which internal
displacement manifests itself in designing solutions to the problem.
Assistance provided to internally displaced persons in camps or settlements
obviously must be organized in a different way from that provided when they
are integrated into communities; in the latter case, assistance is better
organized on a community basis. When internally displaced persons are in
hiding, special strategies are needed to secure access to them and provide
protection. And then there is the challenging response of those who in the
quest for a better life prefer not to return to their original setting
where poverty, marginalization, perhaps even exclusion had dominated their
lives.
The causes
14. Common to all of the countries visited, the main cause of displacement
is violence in the context of internal conflict. In Sri Lanka, Burundi,
Rwanda and the former Yugoslavia, the lines along which conflict occurs are
principally ethnic. In Colombia and Peru, these lines are less clearly
defined, having mainly to do with the conflicting economic and political
backgrounds and objectives of contending groups (e.g. guerrilla forces,
paramilitary groups, drug traffickers, armed forces). The underlying
historical, political and socio-economic factors both explain and determine
the nature of the conflict in each country. Regional parameters, such as
the historical and political relationship with neighbouring countries,
often also affect the situation in the country concerned.
Protection and assistance concerns
15. In the countries visited, the internally displaced were generally
found to have serious protection and assistance needs and were vulnerable
to human rights abuses. They generally suffered from a lack of adequate
housing, basic health care, counselling and income generation programmes.
In Colombia, the perception and treatment of the displaced as a
marginalized group often resulted in serious threats to their security such
as being tracked down by their persecutors even after they had fled their
homes. In Burundi, many displaced Hutus spent weeks hiding in the marshes
so that the Tutsi-dominated army would not find and kill them, while
displaced Tutsis, protected by the army, were often prevented from
returning to their homes, both by the army for political reasons and in
fear of their Hutu adversaries. In Sri Lanka, the internally displaced
were particularly susceptible to searches at check-points and cordon-and-
search operations, and at risk of being returned to areas in which the
security situation was precarious. In all cases women heads of household
were numerous and faced special protection problems. As manifested in
Peru, indigenous peoples forcibly displaced from their lands suffer
disproportionately: they lose not only their subsistence base, but also
their traditional way of life, and in urban centres, where they often
prefer to remain in the quest for better living conditions, become exposed
to new forms of discrimination.
Needs of women
16. In most instances, the majority of displaced are women and their
dependent children. Women, however, are often marginalized, especially in
camp settings, and consulted less than men regarding the nature and
distribution of material assistance. This can often have serious
consequences for their receipt of adequate relief. Displaced women also
face serious security problems. Often, they are subjected to sexual
violence which, as well documented in United Nations reports with regard to
women in the former Yugoslavia, may be systematic and intended to cause
displacement. Many have witnessed killings and atrocities first-hand and
may suffer from psychological and physical trauma.
17. Women displaced in the context of armed conflict often become the
sole supporters of their families owing to the death, disablement,
disappearance or military recruitment of their husbands. Viable economic
solutions for women heads of household, however, are often complicated by
limited resources and opportunities and discriminatory practices of land
inheritance.
Needs of children
18. Displacement also has serious negative effects on children and their
development. They regularly suffer from a lack of shelter, warmth, food,
health care and education. Separation from their families or being
orphaned has left many children unaccompanied, with no one to provide for
their needs. As reported in Liberia, Mozambique and the Sudan, displaced
children are often prey to forcible recruitment into militia which compel
them to commit atrocities against civilians. The problems these children
face are immense, especially if they have grown up apart from their
families and have been combatants most of their lives. In Peru, for
instance, some children are reported to exhibit unusual levels of violence
years after they have returned to a "normal" lifestyle.
Differences in treatment of displaced persons and refugees
19. There is considerable discrepancy in the ways in which refugees and
internally displaced persons are perceived and treated by the international
community, even when they face similar problems in virtually the same
circumstances. This was particularly manifest in Burundi, where the level
of international involvement with refugees from Rwanda was higher than with
those who were internally displaced. In the Sudan, internally displaced
persons are also often unprotected and in need, while refugees can have
access to a welldeveloped international system of protection and
assistance. This disparity between persons equally in need can prolong the
suffering of those internally displaced, engender conflict with those
benefiting from more international attention, and frustrate efforts at
national reconciliation and development. Clearly, ways must be found to
ensure that there is a more equitable distribution of international
resources.
Presence of the international community
20. As no one agency is specifically mandated to address the needs of
internally displaced persons, international responses to their plight are
highly uneven. In some situations, the needs of the internally displaced
are met to varying degrees but in others they are largely neglected or not
addressed at all. Even in situations where the international community has
extensive humanitarian operations, the attention that it provides to the
internally displaced may be less than the need requires. Moreover,
protection does not constitute a primary area of concern for many of the
international agencies involved with the displaced.
21. The constraints to which humanitarian action is subjected in
situations of internal displacement offer a partial explanation for
international reluctance to become involved. Among the inhibiting factors
are: governmental refusal to recognize the problem or allow entry to
international organizations; bureaucratic and administrative procedures
that obstruct humanitarian efforts; a precarious security situation; lack
of expertise in working with victims of armed conflict; limited resources;
and the fact that the displaced in a number of situations do not identify
themselves as such but live anonymously dispersed in different communities.
Another difficulty for the international community in becoming involved in
internal conflict situations is the maintenance of its standing as a
neutral and impartial entity. In the midst of war or ethnic rivalry,
United Nations agencies have faced difficulties in being perceived as
upholding a fully neutral, non-partisan image.
Approach to Governments
22. In dealing with the many and diverse situations of internal
displacement, it is important to understand the national context in which
they occur, the obstacles to providing adequate protection and assistance,
and what needs to be done both by Governments and by the international
community to remedy the situation. This can best be done by recognizing,
in a spirit of cooperation with Governments, that internally displaced
persons fall within the domestic jurisdiction and are therefore under the
sovereignty of the countries concerned, but that national sovereignty
carries with it certain responsibilities towards those within its
jurisdiction. If, during crises of internal displacement, Governments are
unable to discharge their responsibilities to provide their citizens with
adequate protection and assistance, they are expected to invite, or at
least accept, international cooperation to supplement their own efforts.
Where Governments or controlling authorities are unable or unwilling to
live up to their responsibilities and are not receptive to international
assistance, the international community should be expected to assert its
concern and fill the vacuum created by the Government's failure to
discharge its responsibility.
Areas under insurgent control
23. Special problems arise with respect to situations where internally
displaced persons are in insurgent-controlled areas to which access may be
limited or not possible because of ongoing conflict or fear on the part of
the Government that this could imply recognition of insurgent forces. On
the other hand, humanitarian agencies such as UNICEF, UNHCR and ICRC have
been able to establish dialogues with both Governments and non-governmental
actors in different countries in order to negotiate access to persons on
all sides of conflict situations. NGOs also have managed to work behind
insurgent lines and in recent years have begun to monitor the compliance of
non-governmental actors with international humanitarian law and human
rights principles. Some Governments have indeed drawn attention to the
fact that insurgent forces are often responsible for violations of
humanitarian law and should therefore be held accountable. The mandate of
the representative has benefited from openings created by humanitarian
organizations and NGOs.
24. Direct contact with insurgent authorities under compelling and
appropriate humanitarian conditions should also be recognized as an
indispensable aspect of the mandate. Furthermore, since peace is the
ultimate solution to the problem of displacement, it clearly is a
correlative responsibility of the mandate to convey that message to the
parties; contact with both sides may therefore be a practical imperative.
B. Impact and follow-up to visits
25. Missions offer opportunities to discuss specific issues with
Governments and international organizations and to reach agreements which
can lead to actual improvements in the situation. Governments have
generally been responsive to on-site visits and have welcomed the resulting
reports as constructive contributions to understanding the crisis in their
countries and facilitating an appropriate cooperative approach. Local and
international NGOs have found that the representative's missions raise
domestic awareness of the problem and help encourage solutions by
government authorities, NGOs and relief agencies. Moreover, the mere fact
of a visit attracts the attention not only of the Government but also of
other elements of the society and generates a discourse that stimulates
internal initiatives to deal with the problem.
26. At the same time, no established procedure or mechanism exists to
monitor situations in countries visited and to ensure that the points
agreed upon are implemented. The Commission on Human Rights has emphasized
the importance of follow-up activities in its resolutions 1994/68 and
1995/57, and United Nations agencies, in particular UNDP, have declared
their commitment to cooperate with the representative in this area. The
Inter-Agency Task Force on Internally Displaced Persons, chaired by the
Department of Humanitarian Affairs, could also play a role in monitoring
the conditions of internally displaced persons in particular countries and
keeping the representative apprised of the situation. NGOs with a presence
in the country could do likewise.
27. Also essential are follow-up communications and, if possible, follow-
up visits by the representative. Opportunities for the latter, however,
are constrained by limited resources. Follow-up information is being
received by Governments, intergovernmental organizations and NGOs in the
countries visited. In addition, the reports by country-specific rapporteurs
of the Commission on Human Rights often provide updated information on the
situation of the internally displaced.
28. The following are some examples of the recent exchanges that have
taken place subsequent to on-site visits and some of the new information
provided by in-country sources.
Colombia
29. The representative's urgent appeal of 2 June 1995 concerning the
displacement of 15 families from the Santander village of La Leal received
a reply from the Government on 10 July 1995. It noted the completion on 20
May 1995 of the supervised and voluntary return of the families. The
Government also reported its intention to convene a meeting in July with
civil, military and religious leaders, NGOs and local community
organizations in order to avert similar incidents. A second reply, dated
21 July 1995, to an earlier urgent appeal of 22 August 1994 to protect
against forcible displacement by military and paramilitary forces of
settlements in the region of Santander, detailed corrective measures taken,
including an investigation into the security situation inducing
displacement, a meeting with the displaced families who expressed their
wish to return to their places of origin, and a commitment by the
Government to ensure that this return would occur under conditions of
safety.
30. The Government has also reported on steps it has taken to seek to
alleviate the plight of the internally displaced. These measures include
establishing a follow-up commission in charge of analysing and promoting
the fulfilment of the recommendations made by the representative and
special rapporteurs, creating an "Information System on Displaced
Populations" in cooperation with the International Organization for
Migration (IOM), charging the newly established Ministry of the Interior
with the development of a programme of protection and security for persons
threatened with violence, implementing a National Communication Network for
Human Rights Protection to counter impunity, and creating rural security
cooperatives.
31. Some of these initiatives, however, have elicited expressions of
serious concern. The creation of rural security cooperatives has been
criticized, even by some members of the Government, as a means of
legitimizing paramilitary groups while the creation of a database on
displaced persons may impinge upon the right to privacy if adequate
guarantees are not provided. In addition, the mechanism established
jointly last year by the Government and NGOs to follow up on progress made
in addressing the needs of the displaced has reportedly discontinued its
activities.
32. At the same time, NGOs report that the type of violations described in
the representative's report continues to occur and that new internal
displacement is taking place. Political violence in the Uraba region has
reportedly displaced up to 15,000 people since the end of last year.
33. In his mission report the representative had called for strengthened
protection of the right to land and property, for more rigorous observance
of humanitarian law, in particular of the provisions that prohibit
displacement and protect the right to life and physical integrity, and for
closer cooperation between the authorities and NGOs in the provision of
assistance and protection to the displaced. The representative has not yet
received a reply to the note verbale of 31 May 1995 requesting specific
information on the extent to which his recommendations are being
implemented. A follow-up mission to Colombia at the invitation of the
Government is being considered.
Sri Lanka
34. Follow-up monitoring in Sri Lanka initially revealed encouraging
developments since the representative's two reports (E/CN.4/1994/44/Add.1
and E/CN.4/1995/50). 6/ The Government undertook protective measures for
the internally displaced such as minimizing military and security
operations near the welfare centres where they are housed and investigating
the thousands of cases of persons who had disappeared in the course of the
ongoing armed conflict. It also cooperated with international humanitarian
operations which address the needs of the displaced and itself provides
relief aid, which it promised to increase, to persons under the control of
the main opposition group. However, the recent breakdown of the peace
process and the resurgence of violent clashes between the Government and
the Liberation Tigers of Tamil Ealam (LTTE) has led to further
displacement. The Government's large-scale military offensive of 9 July
1995 north of the city of Jaffna, involving intensive artillery shelling
and air strikes, immediately forced the flight of tens of thousands from
the area. 7/ In addition, the security situation in the east and in
Colombo has deteriorated significantly due to an intensification of
insurgent activities which, in turn, has significantly slowed the
resettlement and return of the displaced in these areas.
The Sudan
35. In 1992, the representative undertook a mission to the Sudan, which
houses one of the largest internally displaced populations in the world.
He visited camps of internally displaced persons who had fled to the
capital from the south, but who then had been relocated by the Government
to camps outside Khartoum. In his ongoing dialogue with the Government,
the representative has acknowledged the services rendered to the internally
displaced but has also noted the continuing grave situation, as highlighted
in the most recent reports by the Special Rapporteur on the situation of
human rights in the Sudan (A/49/539, annex and E/CN.4/1995/58) and in
Commission on Human Rights resolution 1995/77. The representative has
continued to urge the Government to implement the recommendations made
following his mission (see E/CN.4/1993/35, annex, paras. 202-235), in
particular that internally displaced persons moved to camps outside the
capital should be allowed to go either back to their areas of origin or to
settlements close to them and accorded the protection and assistance
necessary for their resumption of normal and self-sustaining rural life.
Alternatively, those who choose not to return should be free to move into
any areas in the country, including urban centres, and given the necessary
assistance to integrate into these areas. Although the representative has
received a reply from the Government reaffirming its concern for the
internally displaced and its intention to improve their conditions, no
information on specific measures taken in that regard has been received.
Burundi
36. In the report following his mission to Burundi in September 1994
(E/CN.4/1995/50/Add.2 and Corr.1), the representative noted that unless
sustainable peace is achieved, ethnic violence and therefore the crisis of
displacement would probably continue. Subsequent to that visit, the
Special Rapporteur on the situation of human rights in Burundi reported
that ongoing ethnic violence in the city of Bujumbura has induced numerous
displacements, principally involving the Hutu community in the areas of
Bwiza, Buyengi, Kinama and Kamenge. In the first fortnight of June 1995
alone, an estimated 50,000 to 100,000 men, women and children reportedly
fled from Kamenge to the surrounding hills and banana plantations, where
potable water, food and adequate shelter are in short supply and where
cases of malaria and bacillary dysentery have been reported. Meanwhile, a
breakdown of law and order has been reported, with the judicial system in a
state of paralysis making it possible for persons to commit serious acts of
violence against the civilian population with impunity.
37. Following his mission to the country in April 1995, the Special
Rapporteur on extrajudicial, summary or arbitrary executions reported that
international aid for many of the internally displaced has been cut off in
an attempt to avoid a situation of dependency and to encourage their return
to their places of origin (see E/CN.4/1996/4/Add.1). This situation has
exacerbated the tension between the internally displaced and the Rwandan
refugees in Burundi, who continue to receive international aid. The
disparity in the treatment, also pointed out in the representative's
report, regrettably has led to further violence. For example, in April
1995, in Muyinga, internally displaced persons reportedly interrupted 18
World Food Programme trucks transporting supplies intended for refugees.
Although a Ministry for the Reintegration of Displaced Persons and
Returnees was created in October 1994 to seek solutions to these problems,
the representative is concerned by complaints of the internally displaced
of a lack of concrete measures to assist them or to facilitate their return
and reintegration in their communes of origin. The representative has
raised these issues with international organizations, including in meetings
of the Inter-Agency Standing Committee (IASC), in order to secure greater
attention for those internally displaced and, as a result, several
international humanitarian organizations have agreed to look into these
problems.
Rwanda
38. In 1994, the Government of Rwanda announced its intention to forcibly
close the camps of internally displaced persons. During his mission to
Rwanda in December 1994 (see E/CN.4/1995/50/Add.4), the representative
found that while the Government had legitimate reasons for wanting to close
the camps, it was also evident that security conditions in areas of return
were far from safe. The representative therefore strongly urged the
Government not to coerce displaced persons to move to unsafe areas or areas
where they would be unable to sustain themselves. In April 1995, however,
the Government's forcible closure of the camps and the excessive use of
force by the army reportedly resulted in the death of up to 2,000 displaced
persons in the Kibeho camp. This was the largest massacre of internally
displaced persons in a camp in recent history.
39. In a public statement of 24 April 1995, the representative deplored
the forcible closure of the camps, and reiterated his call to the
Government to respect the right of displaced persons to return in
conditions of safety and dignity, and to have their rights to life, liberty
and security ensured. He stressed the need for the Government to
demonstrate a clear commitment to cease the use of lethal military force
and to cooperate with the international community in the provision of
protection and assistance to the displaced.
40. In April 1995, the Government announced the establishment of an
independent International Commission of Inquiry on the Events at Kibeho and
invited representatives of the Organization of African Unity (OAU) and of
several countries to participate in its work. In its report of May 1995,
the Commission recommended, inter alia, that the Rwandese authorities carry
out an analysis of the mistakes which occurred in the preparation and
handling of the closure of the camps and an investigation of individuals
within the armed forces who may have been responsible for contributing to
the event. It also regretted that United Nations agencies and NGOs were
not able to contribute more efficiently to the speedy evacuation of
internally displaced persons from the Kibeho camp. In addition, the Inter-
Agency Task Force on Internally Displaced Persons, of which the
representative is a member, has been requested by the Under-
SecretaryGeneral for Humanitarian Affairs to study the situation in Kibeho
and to make recommendations for preventing such incidents in the future.
The former Yugoslavia
41. Since the representative's joint mission with the Special Rapporteur
on the former Yugoslavia in 1992, the situation has worsened considerably.
Renewed offensives on the six United Nations-designated safe areas of
Sarajevo, Srebrenica, Zepa, Gorazde, Tuzla and Bihac placed at risk large
numbers of internally displaced persons who had taken refuge there. The
fall of Srebrenica in July 1995 forced the displacement of an estimated
23,000 women and children, while another 11,000 persons, mostly men, remain
unaccounted for. A subsequent offensive on Zepa induced the flight of up
to 16,000 persons.
42. Citing "above all the fact that the United Nations has allowed
Srebrenica and Zepa to fall", the Special Rapporteur for the former
Yugoslavia, Mr. Tadeusz Mazowiecki, announced his resignation in a letter
dated 27 July 1995 to the Chairman of the Commission on Human Rights
(E/CN.4/1996/9, annex I). While the departure of Mr. Mazowiecki is highly
regrettable, it is to be hoped that it will precipitate a response from the
international community to effectively protect the civilian population,
including the internally displaced, from the atrocities occurring there.
43. With regard to Croatia, the Special Rapporteur on the former
Yugoslavia reported on 5 July 1995 (see E/CN.4/1996/6) that the Croatian
offensive of 1 May against United Nations Protected Area Sector West
induced the flight of up to 10,000 from this Serb-populated area into Serb-
held areas of Bosnia and Herzegovina and also resulted in serious
violations of human rights. He also reported on the internal displacement
within Croatia of thousands fleeing from Sector West to Serb-held Sector
East.
C. Countries not visited
44. The problem of internal displacement affects far more countries than
the missions of the representative would indicate. It is a global
phenomenon warranting a more extensive system of on-site monitoring and
follow-up than the present resources of the representative will allow. The
representative is grateful for the information provided on internal
displacement by other special rapporteurs of the Commission on Human Rights
on countries that he has not visited, in particular, Afghanistan, Cambodia,
Iraq, Myanmar and Zaire. Their information on internal displacement is
summarized in the representative's report to the Commission
(E/CN.4/1995/50, paras. 80-86). The representative urges the Governments
to take due consideration of the recommendations of the special rapporteurs
as well as those of other human rights mechanisms and treaty bodies which
address, directly or indirectly, the plight of the internally displaced.
The representative also appreciates the valuable information provided on
internally displaced populations by thematic rapporteurs.
45. In many other countries, internal displacement is also a grave
problem but one about which no United Nations human rights mechanism is
specifically reporting. It is the intention of the representative to visit
some of these countries in the near future in order to gain a better
understanding of the situation of internal displacement.
Kenya
46. In Kenya, UNDP, in cooperation with the Government, other United
Nations agencies and NGOs has designed a programme to support the return of
an estimated 300,000 internally displaced persons, displaced by ethnic
violence since 1991. The programme provides for mediation between ethnic
groups, the supply of material assistance and the initiation of development
programmes. It is reported that implementation has been slow and that most
internally displaced persons have been unable to return to their land. The
representative has had discussions with United Nations agencies in Nairobi
about the programme and has expressed interest in seeing how it is
progressing. The representative is currently awaiting the Government's
reply to his request to undertake a mission to Kenya.
Tajikistan
47. The six-month civil war in Tajikistan in 1992 resulted in the
displacement of more than 500,000 persons, most of whom are internally
displaced. Since March 1993, most of the internally displaced have
reportedly returned to their places of origin, with the assistance of UNHCR
and ICRC. Since it is feared that certain protection problems could worsen
with the anticipated withdrawal of UNHCR, continued monitoring is needed.
UNHCR has secured the agreement of the Organization on Security and
Cooperation in Europe (OSCE) and ICRC to assume some protection functions
for returnees. It is also reassuring that the reintegration projects
introduced by UNHCR in areas of return will be continued by UNDP and other
development agencies. The representative is currently discussing with the
Government the possibility of undertaking a mission to Tajikistan.
Russian Federation (Chechnya)
48. The outbreak of conflict in Chechnya in December 1994 induced mass
displacement within the Russian Federation. By January 1995, 150,000
people had fled from the conflict area to the neighbouring autonomous
regions of Ingushetia, Dagestan and North Ossetia, and to the Stavropol
region of Russia, while 260,000 of the displaced remained within Chechnya.
In May 1995 a representative of the United Nations High Commissioner for
Human Rights undertook a mission to the Russian Federation, including
Chechnya and Ingushetia, in order to make an overall evaluation of the
human rights situation in Chechnya, including an assessment of related
needs, and to analyse the possible contribution of the United Nations to
the promotion and protection of human rights in the region. The
representative has followed closely the ongoing dialogue between the High
Commissioner and the authorities of the Russian Federation concerning human
rights protection in Chechnya, particularly for the internally displaced.
Turkey
49. In south-eastern Turkey there are an estimated 2 million displaced
persons who have been uprooted largely following the Turkish Government's
campaigns against the Kurdish Workers' Party (PKK) guerilla movement. On 4
April 1995, and in response to the Turkish invasion of Iraq on 20 March
1995, the representative, together with the Chairman of the Working Group
on Arbitrary Detention, the Special Rapporteur on extrajudicial, summary or
arbitrary executions, the Special Rapporteur on torture and the Chairman of
the Working Group on Enforced or Involuntary Disappearances, issued a joint
urgent appeal calling upon the Government to take all necessary measures to
ensure the protection of the rights, inter alia, to life and to physical
and mental integrity of Turkish and Iraqi ethnic Kurds. The Government's
reply of 6 April stated that the signatories of the appeal do not have a
mandate to oversee the performance of States in armed conflict, arguing
that such circumstances fall within the ambit of international humanitarian
law. Underlining that human rights law is applicable in all circumstances,
including armed conflict, whether it occurs in an area under State control
or in an area where State agents operate, a letter of 10 May reiterated the
joint urgent appeal of 4 April. In its reply of 16 June, the Government
indicated that its position on the matter was unchanged. In the meantime,
the representative has initiated a dialogue with the Government regarding
the possibility of a mission to Turkey.
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IV. COLLECTION OF INFORMATION
A. Sources of information
50. The availability of credible and up-to-date information is a
requirement for the fulfilment of the mandate. Currently, the main sources
of information available on the internally displaced are the fact-finding
missions; reports of other United Nations human rights mechanisms; reports
by United Nations agencies in the field; NGO reports; and communications by
Governments. A potential source of further information are human rights
field officers deployed under the auspices of the High Commissioner for
Human Rights in areas where there are substantial numbers of internally
displaced persons.
B. Developing an information system
51. The collection of information needs to be systematized so as to
provide a pool of information on the various dimensions of internal
displacement, including how the problem of internal displacement is
manifested in individual countries, what remedies are provided by
Governments and the international community, and what gaps exist that need
to be filled. At present, the absence of a central point within the United
Nations system to bring together information on internally displaced
persons is a serious gap. The creation of an information centre modelled
on UNHCR's Centre for Documentation on Refugees (CDR) established by UNHCR
but specific to the internally displaced would assist in ensuring that all
situations of internal displacement are detected and well documented. It
has also been suggested that NGOs should establish information networks in
collaboration with the representative and that regional information
exchange networks should be created. Collaborative arrangements should be
encouraged. An information system that systematically collects data on
serious cases of internal displacement would go a long way towards
identifying problems and alerting United Nations bodies to situations
requiring attention.
Early warning information
52. Although Governments and NGOs have repeatedly called for more
developed early warning systems within the United Nations, experience has
shown that such information is in vain unless there is a corresponding
"early listening" on the part of the international community. This year,
the Ad Hoc Consultation on Early Warning of New Mass Flows of Refugees and
Displaced Persons submitted its final report to the Administrative
Committee on Coordination for consideration of its findings and
recommendations. The representative looks forward to close association
with early warning activities so that he will be in a better position to
identify situations that could lead to mass displacement and mobilize
action to address those situations.
V. LEGAL STANDARDS
53. There is at present no clear formulation of the legal principles
applicable to internally displaced persons and no instrument focused on
their particular needs. The development of a targeted instrument would be
particularly helpful in dialogues of the representative and of humanitarian
organizations with authorities in the countries concerned. Both the United
Nations High Commissioner for Refugees and the Under-Secretary-General for
Humanitarian Affairs have underlined the importance of establishing a legal
framework for the internally displaced.
A. Development of the legal framework
54. In his 1993 comprehensive study the representative concluded that it
would be valuable to prepare a compilation/commentary of the existing
international standards relevant to the protection of the rights of
internally displaced persons, as well as their further elaboration and
inclusion in a body of principles. At the request of the representative,
the compilation of norms was undertaken by three highly accredited
institutions: the Ludwig Boltzmann Institute for Human Rights (Vienna),
which prepared one paper, and the American Society of International Law
jointly with the International Human Rights Law Group (Washington, D.C.)
which prepared another (both are included in E/CN.4/1995/50/Add.3 and
E/CN.4/1995/CRP.1). The Legal Round Table hosted by the Government of
Austria in October 1994 gave experts and representatives of international
agencies the opportunity to discuss the two papers. This meeting decided
that the two compilations should be merged into one document identifying
the needs of internally displaced persons and the corresponding legal
standards relevant to their protection. This document was prepared and
presented to two more round tables, one in Geneva in May 1995, and another
in Washington, D.C. in September 1995, for further discussion. The
document will be presented to the Commission on Human Rights at its fifty-
second session. A further meeting of experts, to be held in Vienna in
1996, is expected to commence work on developing a legal framework
applicable to the internally displaced on the basis of the
compilation/commentary.
55. In his report to the Commission on Human Rights (E/CN.4/1995/50,
paras. 111-112), the representative indicated some areas where gaps exist
in international law and also indicated a number of areas where specific
norms could be enunciated to provide better protection (E/CN.4/1995/50,
para. 135). For example, there are areas in which the law fails to provide
sufficient protection for internally displaced persons such as in the case
of forcible return to conditions of serious danger; the need for personal
identification, documentation and registration in order to ensure the means
to exercise one's legal rights; the protection of relief workers, their
transports and supplies; as well as access by humanitarian agencies to
provide protection and assistance to internally displaced persons.
Finally, the Committee on Internally Displaced Persons of the International
Law Association has observed that international law as it pertains to
internal displacement can be distinguished in the following ways: the
norms applicable before situations of internal displacement occur; the
norms applicable in situations of internal displacement; and the norms to
be applied in order to solve situations of internal displacement
(E/CN.4/1995/50, para. 137). The legal framework to be developed will take
note of these different areas of the law.
56. The representative's efforts to compile existing international
standards regarding the internally displaced and to develop a legal
framework have received wide support, in particular from the Under-
Secretary-General for Humanitarian Affairs; the UNHCR Executive Committee
(Conclusion adopted in October 1994); the Addis Ababa Document on Refugees
and Forced Population Displacements in Africa (adopted at an OAU-UNHCR
seminar in 1994); the San Jose Declaration on Refugees and Displaced
Persons (adopted by experts from all OAS member States in December 1994);
and the United Nations High Commissioner for Human Rights who has
underlined the importance of the representative's bringing together human
rights, humanitarian and refugee law in developing norms applicable to the
internally displaced (E/CN.4/1995/50, para. 138). It should finally be
noted that the Subcommission on Prevention of Discrimination and Protection
of Minorities recently adopted resolution 1995/13 on freedom of movement
which, inter alia, affirmed the right of persons to remain in peace in
their own homes, on their own lands and in their own territories, also
affirmed the right of refugees and displaced persons to return, in safety
and dignity, to their country of origin and/or within it, to the place of
origin or choice, and urged Governments and other actors involved to do
everything possible in order to cease at once all practices of forced
displacement, population transfer and "ethnic cleansing".
B. Definitional issues
57. The description in the 1992 report of the Secretary-General
(E/CN.4/1992/23, para. 17) of the internally displaced as "persons who have
been forced to flee their homes suddenly or unexpectedly in large numbers,
as a result of armed conflict, internal strife, systematic violations of
human rights or natural or man-made disasters; and who are within the
territory of their own country" has served as the working definition of the
mandate. This definition, however, is in need of review. The Legal Round
Table in Vienna questioned the inclusion of the terms "home", "in large
numbers" and "their own country" and suggested as an alternative
definition: "Persons or groups of persons who have been forced to flee
their homes or places of habitual residence suddenly or unexpectedly as a
result of armed conflict, internal strife, systematic violations of human
rights or natural or man-made disasters, and who have not crossed an
internationally recognized State border."
58. Common to both of these definitions are the two essential elements of
internal displacement: coerced movement and remaining within one's
national borders. Both also enumerate the various causes of displacement
but some differences have arisen on this issue. One view is to limit the
scope of the definition to those who, if they had left their own country,
would be considered refugees 8/ under the broader refugee definitions
contained in the 1969 OAU Convention and the 1984 Cartagena Declaration,
and employed by the 1989 International Conference on Central American
Refugees (CIREFCA) 9/ and the Permanent Consultation on Internal
Displacement in the Americas (CPDIA). 10/ These definitions share an
emphasis on a presumed element of fear of persecution and on the need for
protection from large-scale human rights abuse emanating from internal
strife or armed conflict; they are consistent with the Commission's own
interest in and action with respect to the internally displaced. The
"refugee-like" standard, however, is not unanimously accepted owing to its
exclusion of persons displaced by natural disasters and other suggested
categories such as those relocated by development projects or by economic
and environmental causes.
59. Some have questioned whether there should be a definition at all, on
the grounds that entitlement to assistance and protection should be based
not on the fulfilment of formal criteria, but on need. To be sure, in
situations where all persons are at risk, assistance and protection should
be provided to those who require it, no matter what category they are in.
At the same time, it should be recognized that those internally displaced
often share certain problems and characteristics that need to be
delineated. Too often, the scope of the target population receiving
assistance and protection does not adequately include those who are
internally displaced. It is indisputable, for instance, that there is
considerable discrepancy in the ways in which refugees and internally
displaced persons are perceived and treated by the international community,
even when they face similar problems and sometimes in virtually the same
circumstances. The main purpose of the definition is not to create a new
category of persons having special rights, but to ensure that protections
recognized as the rights of persons in certain situations are extended to
others in analogous situations and thereby promote a more harmonious and
coherent approach to human rights.
VI. INSTITUTIONAL MECHANISMS
60. As no single operational agency in the international system has
responsibility for the internally displaced, the most effective system at
this point is one that builds upon existing capacities and institutions.
In recent years, there has been a growing willingness on the part of the
international community to assume greater responsibility for the internally
displaced. To be sure, responsibility for assisting and protecting
internally displaced persons lies in the first instance with the home
country. If, however, the country is unable or unwilling to meet the
minimum standards required by humanitarian or human rights law, then these
guarantees may have to be met through international assistance. Both
within and outside the United Nations system, intergovernmental, regional
and non-governmental bodies are actively exploring and developing new
approaches to increasing assistance and protection for the internally
displaced, and definite progress is under way towards developing a more
coherent approach.
61. The mandate on internally displaced persons has been carried out in
close cooperation with international agencies. The representative has
maintained close contacts with the Secretary-General, the United Nations
High Commissioner for Human Rights, the United Nations High Commissioner
for Refugees, the Under-Secretary-General for Humanitarian Affairs, the
Administrator of UNDP, the Executive Director of WFP, the Chairman of ICRC,
as well as the senior officials and directors of regional bureaux within
these organizations to foster cooperative links and exchange of information
on developments in policy and in the field. He has also actively
participated in the work of the Inter-Agency Task Force on Internally
Displaced Persons, chaired by DHA. During his missions to the field, the
representative has held extensive consultations with the officials of
resident United Nations and other humanitarian agencies.
A. United Nations and other entities
62. While the United Nations system has not yet developed a comprehensive
plan for improving its capacity to respond to situations of internal
displacement, important developments have occurred in the work of all
humanitarian agencies that have involvement with the internally displaced.
The representative's report to the Commission on Human Rights reviewed the
capacities and the role that existing institutions play on behalf of the
internally displaced (E/CN.4/1995/50, paras. 139-174). 11/ A brief summary
follows, with particular attention paid to protection.
63. Office of the United Nations High Commissioner for Refugees. Although
its mandate does not include internally displaced persons, UNHCR has
increasingly become involved in situations of internal displacement at the
request of the Secretary-General or the General Assembly. In 1993 UNHCR
adopted criteria for its involvement with the internally displaced which
provide that it will assume "primary responsibility" in situations where
there is "a direct link" with its basic activities for refugees. Although
UNHCR does not become involved in all situations of internal displacement,
when it does its activities generally span assistance, protection and
reintegration support. UNHCR has found that protection activities in
countries of origin, namely defending the human rights and physical safety
of those internally displaced, present many challenges which are detailed
in a recent report on UNHCR's operational experience with internally
displaced persons. 12/ An overriding general concern is that UNHCR's
increasing involvement with the internally displaced will detract from the
agency's primary responsibility of helping refugees in countries of asylum.
Even so, UNHCR admits that it is not always reasonable or possible to
distinguish between refugees and the internally displaced in its
operations. The General Assembly has called upon the agency to continue to
undertake protection and assistance activities for the internally displaced
and has further recognized the importance of UNHCR's close cooperation with
both the representative and ICRC on these issues.
64. International Committee of the Red Cross. Of all the institutions
dealing with internally displaced persons, ICRC - an agency not part of the
United Nations system - has the clearest mandate to provide both assistance
and protection to the internally displaced, at least in so far as they are
civilian victims of armed conflict. In such instances, ICRC seeks to
ensure that the Geneva Conventions of 12 August 1949 are applied. Among
ICRC's organizational strengths is that it extends protection to both sides
in conflict situations and seeks to address the needs of those beyond the
reach of other humanitarian organizations. At the same time, not all
States allow entry to the ICRC or admit that a non-international armed
conflict is taking place on their territory. Moreover, ICRC is sometimes
precluded from involvement when internal displacement is unrelated to
warfare. Although ICRC's independence sometimes complicates its ability to
collaborate with other agencies, in recent years ICRC has found effective
ways of working in closer consultation with United Nations agencies in
humanitarian emergency situations.
65. United Nations Development Programme. In most emergency situations,
the UNDP resident representatives serve as the resident coordinators of the
United Nations system. As resident coordinators, they are charged with
"coordinating assistance for internally displaced persons" in close
cooperation with Governments, donors and United Nations agencies in the
field (General Assembly resolution 44/136). When it comes to addressing
protection issues, many resident coordinators fear that raising such
concerns could jeopardize their principal role as resident representatives
closely cooperating with Governments on development programmes. Moreover,
a number of Governments have objected to the weaving of humanitarian and
human rights issues into development themes. 13/ At the same time, more and
more resident coordinators are finding that the delivery of assistance is
often interlinked with protection problems and that human rights protection
issues are within the ambit of all United Nations activities according to
the Charter. When resident coordinators are not in a position to raise
protection issues, they should be expected to develop closer working
relationships with those who can. In the specific case of internal
displacement, they should be expected to contact the representative on
internally displaced persons and the Inter-Agency Task Force on Internally
Displaced Persons. The UNDP Administrator has shown considerable interest
in the work of the representative and a cooperative relationship with the
resident coordinators has begun which promises to facilitate the mandate
significantly.
66. United Nations Children's Fund. UNICEF has become involved in many
situations of internal displacement through its efforts to improve the
lives of women and children by providing services in the areas of health
care, education, nutrition and sanitation. While its primary concerns are
relief and development, it has addressed protection problems when they
affect the delivery of assistance by securing agreement for relief
corridors, such as Operation Lifeline Sudan, or by mounting cross-border
operations. UNICEF also was a leading advocate of the Convention on the
Rights of the Child and could, on the basis of the Convention, exercise
increased authority in the area of child protection. In 1995, UNICEF put
forward a set of principles to guide all agencies in assisting internally
displaced persons, which includes the "protection of IDPs from human rights
violations".
67. World Food Programme. Internally displaced persons represent the
largest category of beneficiaries of World Food Programme (WFP) relief aid,
or about 35 per cent of the 57 million persons WFP assists. WFP's food aid
also supports return, reintegration and development projects in which
internally displaced persons are involved. Although protection concerns
fall outside its mandate, it does negotiate access and safe passage for its
food and personnel and has also lodged protests; however, it turns to
others to intercede.
68. World Health Organization. In monitoring the health situation and
health care delivery systems in member States, WHO becomes involved in
situations of internal displacement when health services have been
disrupted, or when internally displaced persons are identified as a
"special" group, requiring the expertise of WHO for the provision of health
services. Only in recent years has WHO become involved in emergency
situations. In 1991, it developed an emergency preparedness programme,
Health and Development for Displaced Persons (HEDIP), and in 1993 it
reorganized its Division of Emergencies and Humanitarian Action. Its
Executive Board and the World Health Assembly have approved its assuming a
more active role in addressing emergency situations and in undertaking
initiatives to benefit internally displaced and other populations.
69. International Organization for Migration. IOM's Constitution
specifically mandates it to provide migration assistance to "displaced
persons", including those internally and externally displaced, with the
consent of the State concerned. Its activities include the organizing of
transport, evacuations and returns, analysis of migratory flows,
development of population information systems and technical assistance.
More recently, it has begun to assist with the return and reintegration of
displaced persons, for instance in Peru. For IOM, protection and
assistance are closely linked but some of the activities IOM undertakes
raise protection concerns that need to be addressed both by IOM and other
organizations that engage in such work. For example, transporting people
back to war-torn countries or the movement of ethnic groups from one area
of a country to another raises concerns about whether the movements are
voluntary and whether the conditions are sufficiently safe to warrant
return. While IOM is bound by a number of constitutional safeguards and
guidelines, attention should be given to increased collaborative monitoring
with human rights bodies to ensure effective protection during the return
and resettlement process. Similarly, additional criteria and guidelines
should be considered.
70. United Nations High Commissioner for Human Rights. The United Nations
High Commissioner for Human Rights, with a general mandate for prevention,
promotion and protection of human rights, can lend authority and support to
efforts to provide improved protection to the internally displaced and is
in a position to raise specific cases of internal displacement in his
dialogues with Governments. In particular, he has actively participated in
preparations for the upcoming regional conference to address the problems
of refugees, displaced persons, and other forms of involuntary displacement
of returnees in the countries of the Commonwealth of the Independent States
(CIS) and relevant neighbouring States. He has indicated a strong interest
in ensuring that the recommendations made by representatives and special
rapporteurs of the Commission are carried out, and in particular he has
expressed his support for the work of the representative. The High
Commissioner has given special importance to strengthening the ability of
the Centre for Human Rights and the Commission to react rapidly to human
rights emergencies. Under his authority, field officers are now dealing
with human rights issues of internal displacement in Rwanda, Cambodia,
Croatia, Bosnia and Herzegovina and Burundi.
71. Department of Humanitarian Affairs. The need for more effective
coordination of humanitarian assistance led to the creation in 1991 of the
post of Emergency Relief Coordinator (or Under-Secretary-General for
Humanitarian Affairs), and subsequently the Department of Humanitarian
Affairs. The Department's responsibilities include determining which
humanitarian emergencies require coordination by the United Nations,
assigning responsibility to agencies in the field, and coordinating a
consolidated appeals process to mobilize funds. As noted above, the Under-
Secretary-General for Humanitarian Affairs also retains a direct link to
the field through resident coordinators who report to him when dealing with
humanitarian issues. One of the more important roles of the Under-
Secretary-General is to act as the United Nations system's advocate for
humanitarian causes, including situations of internal displacement.
Although the Department has no protection responsibilities per se, it
cannot effectively coordinate emergency assistance or negotiate access to
emergency areas without acknowledging the integral link between
humanitarian assistance and protection.
B. Strengthening collaborative arrangements
72. Mobilizing and coordinating existing capacities in a timely and
effective manner would contribute to meeting more adequately the needs of
internally displaced populations. In an effort to develop a more
coordinated response to the assistance and protection needs of the
internally displaced, the Inter-Agency Standing Committee (IASC) in
December 1994 designated the Emergency Relief Coordinator as the central
reference point within the United Nations system to review requests for
assistance and protection on actual or developing situations of internal
displacement that require a coordinated response. This had been a major
recommendation of the representative in the comprehensive study he
submitted to the Commission on Human Rights in 1993 and is an important
first step towards the development of a more coherent system for dealing
with internally displaced populations. IASC also reconstituted and
approved new terms of reference for its Task Force on Internally Displaced
Persons, in which the representative participates. The Task Force has been
authorized, inter alia, to review current situations of potential or actual
internal displacement, assess the assistance and protection needs of the
affected populations, and recommend a division of labour among relevant
institutions and organizations to address those needs. Only if the Task
Force cannot reach a consensus will the issue be brought to IASC or its
working group for decision. At the field level, a letter dated 31 July 1995
from the Emergency Relief Coordinator assigned responsibility for in-
country coordination to the Disaster Management Team headed by the resident
representative/coordinator, or any other mechanism established to deal with
a specific humanitarian crisis. Taken together, these steps at improving
coordination, if effectively implemented, could markedly improve the way in
which the needs of internally displaced persons are addressed.
C. Comprehensive approach to assistance and protection
73. Internally displaced persons generally have both assistance and
protection needs but, as noted above, international efforts on their behalf
have focused largely on providing relief. In emergency situations, inter-
agency needs assessments often do not address the physical safety of the
affected population. Those sent to assess emergency situations generally
have expertise in food distribution, nutrition, health and shelter, but not
in how to deal with the human rights and protection problems of the
affected population.
74. In recognition of the need for greater integration of human rights and
humanitarian concerns into the assistance activities of its members, IASC
decided in December 1994 to invite the representative of the Secretary-
General and the United Nations High Commissioner for Human Rights to its
meetings whenever issues relating to their respective mandates are
discussed. Significant progress is being made towards a comprehensive
approach that addresses both protection and assistance concerns.
75. More extensive discussions are needed, however, by humanitarian
agencies and human rights organizations to explore the best means of
providing protection in emergency situations of which internally displaced
persons are a part. In places like Rwanda and Bosnia and Herzegovina, the
difficulty of protecting human rights has been made painfully apparent. It
is important that relief and development agencies explore the extent to
which they can become more involved in addressing the protection problems
that affect the delivery of assistance and that human rights organizations
expand their operational capacity to do so.
D. Expanded role for human rights bodies
76. The 1993 World Conference on Human Rights emphasized the importance of
United Nations human rights bodies giving special attention to the issue of
internal displacement. Accordingly, the Centre for Human Rights has
pledged, subject to the availability of resources, to assume a more active
role in addressing the root causes and effects of displacement as well as
the provision of effective protection and assistance to displaced persons.
14/
77. Strengthening the international presence in locations where there are
protection problems is a crucial way for human rights bodies to contribute
to the better protection of the internally displaced. As experience in El
Salvador, the former Yugoslavia and Rwanda has shown, human rights officers
can play an important role in collecting information, ascertaining
protection needs, contacting local authorities about protection problems,
alerting Governments and the international community to problems requiring
attention, and assisting in the actual return process. With increased
operational experience and training, human rights bodies, in time, should
be better able to address the shortcomings in the current system of on-the-
ground protection. In addition, through its technical assistance and
advisory services programme, the Centre for Human Rights could help
strengthen national institutions for human rights protection and support
the creation of ombudspersons and other remedies to protect the internally
displaced. The Centre could also provide training in human rights law and
practice to the staff of humanitarian organizations and to United Nations
peace-keeping forces so that they are better prepared to deal with
internally displaced persons.
E. Options for institutional reform
78. The growing willingness on the part of the international community to
assume increased responsibility for the internally displaced should not
obscure the fact that many situations of internal displacement go
unaddressed or are insufficiently addressed by the United Nations system in
the absence of an organization, or collection of organizations, mandated to
address the assistance and protection needs of the internally displaced.
Neither the political will nor the resources, however, exist at the present
time to support the creation of a new agency responsible for the internally
displaced. It is pointed out, moreover, that internally displaced persons
have needs spanning the entire range of United Nations agencies and that
the creation of a new agency would risk duplicating existing resources and
capacities.
79. An alternative to the creation of a new agency would be to enlarge the
mandate of an existing one to include the protection and assistance needs
of the internally displaced. Legally and operationally, UNHCR has
generally been considered the best equipped institution to deal with this
issue. The United Nations High Commissioner for Refugees, however, has
pointed out that the magnitude of the problem far exceeds the
organization's capacity. UNHCR has clearly defined the extent and
conditions under which it has a mandate to undertake activities on behalf
of the internally displaced and has called for a collaborative approach.
15/
80. If the option of a system-wide approach is to be supported, however, a
first and most important step must be the creation of an effective
coordinating mechanism to assign responsibility when a serious situation of
internal displacement arises and ensure that both the protection and
assistance needs of the internally displaced are adequately met. The
recent designation by the IASC of the Emergency Relief Coordinator as the
central reference point for receipt of requests for assistance and
protection and the reconstitution of the Task Force on IDPs under
strengthened terms of reference could lead to a more effective coordinated
response. Since these arrangements have only recently been put in place,
it is too early to assess how effective the new system will be or whether
other options would prove more effective.
F. The role of the mandate
81. Within the current system-wide approach, the role of the
representative is to act as a link and a catalyst among the various
organizations of the United Nations involved with policy formulation and
operational programmes as regards the internally displaced. Through his
participation in the Standing Committee and the Task Force, he can act as
an advocate for the displaced and seek to ensure that protection and human
rights criteria are sufficiently understood and taken into account in the
planning and execution of activities in favour of displaced persons. Since
protection does not come within the mandate of the Emergency Relief
Coordinator as now defined, the mandate of the representative can be viewed
as a complementary one with respect to the internally displaced.
82. For the representative to carry out his responsibilities effectively,
however, his capacity needs to be strengthened. As has already been noted,
there is a considerable gap between the aspirations of the mandate of the
representative and his capacity to pursue them. As a result, the
representative has turned to persons and institutions outside the United
Nations system to assist in discharging the responsibilities of the
mandate. Notwithstanding their important assistance, there are
nevertheless steps that should be taken within the United Nations system.
Additional resources and staff are needed to increase the number of fact-
finding and follow-up missions that can be undertaken by the
representative, his staff, or expert volunteers. The deployment of field
officers in areas where there are substantial numbers of internally
displaced persons would also serve the mandate significantly. In addition,
it would be useful to have a senior staff member to assist in managing the
affairs of the mandate and play a role in inter-agency decision-making and
in representation at an appropriate level at meetings. Adequate
administrative support and secretarial assistance are also needed. These
are minimal but crucial services that could make a major difference in the
effectiveness of the mandate.
VII. REGIONAL ORGANIZATIONS AND NGOs
83. The global nature of internal displacement makes it essential that the
international community rely on initiatives not only within but also
outside the United Nations system to ensure that the needs of the
internally displaced are adequately met. In particular, greater
collaboration is needed on the part of the United Nations system with
regional institutions and with NGOs, both of which are playing increasingly
important roles in dealing with internal displacement. The
representative's report to the Commission described important regional
developments, especially in the Americas (E/CN.4/1995/50, paras. 213-242).
Since then, new initiatives have been undertaken in Africa, the Arab world
and Europe of which a brief summary follows.
84. The plan of action of the Regional Conference on Assistance to
Refugees, Returnees and Displaced Persons in the Great Lakes Region, held
at Bujumbura in February 1995 under the auspices of the OAU and UNHCR, set
forth principles for the voluntary repatriation of internally displaced
persons to their home areas and recommended steps Governments should take
to create conditions conducive to the voluntary return of refugees and
internally displaced persons. More recently, in August 1995 a Regional
Conference on the Legal Status of Refugee and Internally Displaced Women in
Africa, sponsored by OAU, UNHCR, the United Nations Development Fund for
Women (UNIFEM) and the Economic Commission for Africa (ECA) and held at
Addis Ababa, called for the strengthening of the legal protections afforded
to displaced women and for enhanced institutional arrangements for the
protection and promotion of their rights.
85. In June 1995, a Regional Seminar on Internal Displacement of
Populations in Arab Countries, Human Rights and International Humanitarian
Law, was held at Tripoli with the support of IOM, UNFPA, UNHCR and ICRC.
The conference adopted several recommendations which, inter alia, called
upon Arab States which have not yet ratified the 1951 Convention relating
to the Status of Refugees and its 1967 Protocol as well as the two
Protocols Additional to the Geneva Conventions of 12 August 1949 to do so,
proposed the study of complementary instruments for the protection and
assistance of displaced persons in the region, and recommended that each
State in the region establish a ministry responsible for assisting its
nationals to remain in their communities by removing the possible causes of
their displacement, namely inadequate levels of public services and
development.
86. Regarding Europe, the representative and the United Nations High
Commissioner for Human Rights have participated in the preparations for the
CIS conference scheduled for 1996. Earlier, in July 1994, the
Parliamentary Assembly of the Conference on Security and Cooperation in
Europe (CSCE, now called the Organization for Security and Cooperation in
Europe - OSCE) adopted the Vienna Declaration in which it recommended that
when preventive efforts fail, the organization should "ensure protection of
the forcibly displaced" and "seek durable long-term solutions for their
well-being". Moreover, the OSCE High Commissioner on National Minorities
is an important mechanism of early warning and preventive diplomacy with
the aim of avoiding minority conflicts, which regularly result in
displacement.
87. Regional initiatives should be encouraged and expanded since they can
prove a powerful stimulus for addressing problems of internal displacement.
In Asia, it would be useful if the issue of internal displacement were
included in the agenda of regional organizations like the Association of
South-East Asian Nations (ASEAN) and in meetings organized in the region by
the Centre for Human Rights. The representative has initiated
consultations aimed at organizing a seminar and stimulating activities on
internal displacement in South-East Asia.
88. In his reports to the Commission and the General Assembly, the
representative has drawn particular attention to the important role played
by non-governmental organizations in assisting and protecting the
internally displaced. Frequently, NGOs are in more direct contact with
displaced populations and have closer relationships with the local
authorities than do international agencies which tend to work with the
central Government. Often, they maintain a presence when international
agencies are not yet present or have withdrawn for security reasons, and as
a result may be the only avenue for the provision of protection and
assistance to the internally displaced. Further, they are often
responsible for opening up "humanitarian spaces" which in many places have
paved the way for United Nations operations.
89. Coordination between local and international NGOs, and between NGOs,
the representative and the international community is important to
promoting partnerships on behalf of the internally displaced. A
willingness to forge such links was evident in the June 1994 Oslo
Declaration and Plan of Action adopted by NGOs and UNHCR at the Partnership
in Action (PARinAC) Conference.
VIII. DEVELOPING STRATEGIES
90. Clearly, the scope and intensity of internal displacement warrants the
development of a global strategy for the more effective protection,
assistance, reintegration and development of the internally displaced.
During the representative's country missions and numerous consultations
with agencies and experts, a number of elements of this strategy have
become evident.
A. Information strategies
91. Knowing exactly the number of internally displaced persons, country by
country, is a strategically important but very difficult question. The
frequent lack of adequate presence in areas where there are internally
displaced populations, combined with insufficient understanding of what
internal displacement means, has often made it difficult to know the
numbers of internally displaced populations and their specific assistance,
protection and development needs. Conceptual and technical issues, such as
the duration of displacement and whether people should still be counted as
displaced when they have found alternative settlements, also need to be
resolved. Since there is no one institution charged with collecting
information about internally displaced persons, there is no consistent
methodology applied by the various groups collecting the data.
92. The Norwegian Refugee Council's survey found that most agencies do not
establish independently the number of internally displaced persons in a
given country. For the most part, they draw upon UNHCR statistics, which
often rely heavily on government figures, which may in turn be manipulated
on political or economic grounds.
93. An accurate assessment of the needs of internally displaced
populations is a prerequisite for any effective attempt to address them.
Such assessments require a ground-level capacity and the pooling of
information provided by governmental and non-governmental sources. In some
regions, NGOs have been called upon by intergovernmental agencies to carry
out needs assessments. 16/ In other areas, however, only a fraction of the
local NGOs have sufficient operational capacity and expertise required by
United Nations agencies for assessment operations. The trend is to
establish more and more institutional linkages between the international
and the local levels for assessment purposes, with national, regional and
international NGOs as important components. The development of
methodologies for collecting information and making needs assessments
should be an important part of the global strategy for dealing with the
internally displaced.
B. Preventive strategies
94. If the increasing problem of internal displacement is to be contained
and reduced, preventive strategies are critical. United Nations human
rights bodies have an important role to play in this regard. Preventive
measures currently relied upon include an early warning system, urgent
appeals of thematic and country rapporteurs of the Commission, dialogue
with Governments, machinery for the protection of minorities, and the
deployment of human rights field officers. Commission reports addressing
the root causes of mass exoduses also exemplify efforts at prevention.
Human rights treaty bodies, moreover, have been requested to examine
measures they might take to prevent human rights violations and several
have adopted emergency procedures and undertaken missions to countries for
preventive purposes. The establishment of the mandate of the post of
United Nations High Commissioner for Human Rights should add particular
momentum to the development of preventive strategies. Human rights field
officers deployed under his auspices could play a valuable preventive role.
All these measures, however, are at an early stage of development and human
rights bodies should be encouraged to increase their capacities for
prevention.
95. Mechanisms for minority protection also need to be strengthened as
many displaced persons are members of minority groups who have been
subjected to forcible expulsion, resettlement and other persecution because
of their ethnic or other origin. Recent promising initiatives include the
adoption by the United Nations of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities and
the establishment of a working group by the Subcommission to develop
strategies for minority protection and to prevent conflict.
96. The reports of the representative on his country missions have
emphasized the importance of supporting preventive techniques aimed at
empowering the population at the grass-roots level. Very often, local
communities have built up effective strategies for mitigating the impact of
displacement. The coping strategies that displaced populations themselves
have developed should be carefully examined by NGOs and international
agencies since such mechanisms are essential elements of prevention and
protection.
97. Irrespective of the level at which preventive strategies are pursued,
efforts must be made to ensure that protecting and assisting internally
displaced persons do not interfere with their freedom of movement. There
is a need to reconcile strategies that encourage people to remain within
their own countries with those that safeguard the right to leave and seek
asylum from persecution. Under no circumstances should the desire to
forestall large-scale population displacements take precedence over
assuring the long-term security of displaced populations.
C. Addressing root causes
98. Unless root causes are addressed and political solutions to conflicts
found, there can be no durable remedies to most problems of internal
displacement. Humanitarian assistance and the promotion of human rights
cannot become substitutes for broader political efforts to advance the
cause of peace, security and stability in a country. When the
humanitarian, human rights, political and security dimensions of emergency
situations are dealt with simultaneously, a climate of confidence is
created which in turn positively affects the situation for the internally
displaced. Strategies for protecting the internally displaced should seek
to promote greater coordination among the political, humanitarian and human
rights bodies of the United Nations in order to promote mutually
reinforcing solutions to crises of internal displacement and thereby
contribute to the cause of peace and security.
D. Development strategies
99. In emergency situations, relief agencies have tended to focus on
meeting short-term needs rather than on developing skills that can
contribute to long-term solutions. Development agencies, for their part,
have not always been willing or able to provide assistance for uprooted
persons, especially when recipient Governments are reluctant to include
refugees or displaced persons in the regular development aid provided them.
In many cases, community-based programmes, which find greater response from
local and national authorities, are an effective way of providing
assistance in situations where the local community is equally in need.
100. The Programme of Action adopted by the International Conference on
Population and Development (Cairo, 1994) recommended that measures should
be taken to ensure that internally displaced persons receive basic
education, employment opportunities, vocational training as well as other
basic services, and that Governments, international organizations and NGOs
strengthen development assistance for internally displaced persons so that
they can return to their places of origin. It is essential that relief and
development agencies, together with international financial institutions,
develop strategies and programmes for the internally displaced, many of
whom possess skills and work experience and whose survival would be better
assured through income-generating and development projects than through
relief assistance. Consideration should further be given to introducing
regional processes, such as CIREFCA, 17/ into appropriate areas so as to
involve Governments, NGOs and development agencies in integrating uprooted
persons into national development plans.
E. Strategies for women and children
101. Although most internally displaced persons are women and children,
little attention has been paid to documenting the particular abuses to
which they have been subjected or developing strategies for remedying their
situation. In his 1995 report to the Commission on Human Rights, the
representative made several recommendations to enhance the situation of
internally displaced women and children. In particular, agencies working
with the internally displaced should consider, inter alia: monitoring the
situation of women and children in accordance with UNHCR's Guidelines for
the Protection of Refugee Women and its Guidelines for the Protection of
Refugee Children; documenting violations and interceding with the relevant
authorities on behalf of the women and children concerned; offering
counselling services, such as have been made available in the former
Yugoslavia where women have suffered sexual violence; and ensuring the
equitable distribution of food and supplies and the better representation
of displaced women in camp administration and decision-making. In
addition, the need of women heads of household to become economically self-
supporting in order to provide for their families should be the object of
special training and income-generating programmes and strategies.
102. A great deal more attention, however, is needed to develop
strategies for addressing the protection and development needs of women and
children in situations of internal displacement. While it is important
that programmes of UNICEF, UNIFEM and NGOs seek to reduce the special
vulnerabilities of women and children, additional strategies are needed.
The aforementioned Addis Ababa conference on refugee and displaced women
recommended the enunciation of standards specific to the particular needs
of displaced women. The Programme of Action adopted by the World Summit
for Social Development (Copenhagen, 1995) included among its recommended
responses to the needs of displaced persons a call to ensure that displaced
women are involved in the planning and implementation of assistance
activities. The Fourth World Conference on Women, held at Beijing in
September 1995, has also made specific recommendations with regard to
increasing protection and assistance for internally displaced women. The
regional consultation in connection with the study on the impact of armed
conflicts on children, being undertaken by the expert Ms. Graca Machel,
held at Addis Ababa in 1995, made several important recommendations
specific to the protection of children in situations of armed conflict.
Taken together, these initiatives should prove important in developing
programmes for the enhancement of the protection of internally displaced
women and children.
IX. CONCLUSIONS
103. As a general observation, it should be noted that both within and
outside the United Nations system, intergovernmental, regional and non-
governmental bodies are actively exploring and developing new approaches to
increasing assistance and protection for the internally displaced. The
challenge, however, far exceeds the international community's response,
which still remains largely ad hoc and grossly inadequate.
104. Since the Commission on Human Rights began consideration of the
subject in 1992, a great deal has become known about the global problem of
internal displacement. But a lot more needs to be learned: the numbers
involved world wide, their geographical distribution, their precise needs,
how they are being met and by whom, the status of the internally displaced
in international law, and the adequacy of the coverage through existing
international institutional arrangements for their protection and
assistance. Such in-depth and comprehensive knowledge of the problem is a
necessary prerequisite for the development of appropriate norms,
instruments and strategies of international protection and assistance for
the internally displaced.
105. At the request of the Secretary-General, and with the financial
support of several Governments, foundations and the Office of the
Secretary-General, the representative, in cooperation with several highly
accredited research institutions, individual scholars, and human rights
experts has undertaken a major research project into these aspects of the
problem, including about a dozen representative case studies. The study
not only aims at deepening understanding of the problem, but also at making
recommendations for an appropriate legal and institutional response to meet
the protection, assistance and development needs of the internally
displaced. Apart from being a useful source of information to the
international community, the findings of the study are likely to strengthen
and facilitate the capacity of the mandate to foster a more concerted
international response to this global crisis.
106. Meanwhile, it should be emphasized that in the prevailing
international climate, the most effective way of conceptualizing and
discharging the responsibilities of the mandate is to see his role as
catalytic. While this can be conceived broadly to entail raising awareness
of the problem internationally, advocating the cause of the internally
displaced and encouraging complementary cooperation among all pertinent
organizations, governmental and non-governmental, it is most effectively
applied in the context of country missions. These missions always begin
with extensive discussions with government leaders, officials responsible
for the displaced, representatives of United Nations agencies operating in
the country, human rights and humanitarian organizations, and local
community leaders. These are then followed by extensive field visits to
displaced populations in camps, villages, and urban centres. These visits
are also accompanied by discussions with military commanders, civil
government authorities and field representatives of humanitarian agencies.
Following the field visits an extensive process of debriefing involves
further dialogue with government authorities and representatives of the
international community, including ambassadors or representatives of donor
countries. Often, these activities are widely covered by the media,
thereby focusing public attention on the displacement crisis in the
country. Sometimes, as a result of the dialogue at all levels, agreement
or understanding is reached on specific measures to be taken to enhance
protection and assistance for the internally displaced. Country visits
therefore constitute one of the pillars of the mandate which should be
encouraged and supported.
107. While the mandate has evolved into a more focused catalytic role, the
crisis of internal displacement remains a major challenge for the
international community, one that urgently calls for more effective legal
and institutional arrangements to provide appropriate, comprehensive
protection, assistance and development for internally displaced populations
world wide. The in-depth study undertaken by the representative in
collaboration with a wide circle of research institutions and individual
scholars and others with pertinent expertise aims at facilitating the
attainment of this objective.
Notes
1/ Norwegian Refugee Council "Institutional arrangements for internally
displaced persons: the ground level experience" (1995), p. 14.
2/ UNHCR, The State of the World's Refugees (1993), p. 1.
3/ Supplement to An Agenda for Peace: position paper of the
SecretaryGeneral on the occasion of the fiftieth anniversary of the United
Nations (A/50/60-S/1995/1), 25 January 1995.
4/ "Displacement or development: bridging the gap", address by the
United Nations High Commissioner for Refugees to the World
Bank/International Monetary Fund, Washington, D.C., 8 June 1994.
5/ Dr. Michael Toole, Centers for Disease Control, Department of
Health and Human Services, testimony before the United States Senate, 3
April 1990, as quoted in "Internally displaced women and children in
Africa", Refugee Policy Group, Washington, D.C., February 1992.
6/ In a letter dated 12 April 1995, the Government of Sri Lanka provided
the representative with comments on the findings contained in his reports.
In his reply of 4 May 1995, the representative expressed his appreciation
for the Government's clarification of several points raised in the reports.
7/ ICRC, "Sri Lanka: displaced civilians killed in air strike",
communication to the press No. 95/30, 11 July 1995.
8/ UNHCR's Operational Experience with Internally Displaced Persons
(September 1994). See also the comprehensive study prepared by Mr. Francis
Deng, representative of the Secretary-General on the human rights issues
related to internally displaced persons (E/CN.4/1993/35, annex, para. 50).
9/ "Displaced persons are persons who have been obliged to abandon their
homes or usual economic activities because their lives, security or freedom
have been endangered by generalized violence, massive violations of human
rights, an ongoing conflict or other circumstances which have or are
seriously disturbing the public order, but who have remained within their
own countries". Cited in the comprehensive study, op. cit., para. 39.
10/ Cited in E/CN.4/1995/50/Add.1, para. 12.
11/ The representative received a report from the Refugee Policy Group
entitled "Improving institutional arrangements for internally displaced
persons", which was utilized for this section of his report.
12/ See UNHCR's Operational Experience, op. cit.
13/ Field representation of the United Nations system organization: a
more unitary approach: note by the Secretary-General (A/49/133 and
Add.1E/1994/49 and Add.1).
14/ "Plan of activities of the Centre for Human Rights for the
implementation of the Vienna Declaration and Programme of Action", annex
II, Geneva, 10 November 1993 (internal document).
15/ See Report of the forty-fifth session of the Executive Committee of
the High Commissioner's Programme (A/AC.96/839), 11 October 1994.
16/ In Central America and the Andean region, in particular, there are
many examples of efforts to institutionalize a ground-level capacity for
assessment. UNHCR, for example, asked the Andean Commission of Jurists to
carry out an assessment and analysis of the situation of internal
displacement in Peru, and it also recently asked international NGOs and the
Permanent Consultation for Internally Displaced Persons in the Americas to
do the same in Guatemala.
17/ The 1989 International Conference on Central American Refugees
(CIREFCA) brought together Governments, donors, intergovernmental agencies,
NGOs and representatives of the displaced, who jointly developed a
comprehensive plan for assisting refugees, displaced persons and returnees
and integrating them into the development programmes of the countries
concerned.
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