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Movement policy on internal displacement

Document prepared by the International Committee of the Red Cross in consultation with the International Federation of Red Cross and Red Crescent Societies for the Council of Delegates of the International Red Cross and Red Crescent Movement, Nairobi, Kenya, 23–25 November 2009

Published online by Cambridge University Press:  15 January 2010

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Type
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Information
International Review of the Red Cross , Volume 91 , Issue 875: Displacement , September 2009 , pp. 593 - 611
Copyright
Copyright © International Committee of the Red Cross 2009

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References

1 The definition of internal displacement used by the Movement is set out in the Guiding Principles on Internal Displacement, which states that “internally displaced persons (IDP) are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border”. (UN Doc. E/CN.4/1998/Add.2 of 11 February 1998)

2 In 2009, more than half of the people who had been affected by a severe and sudden crisis said that they had experienced displacement, having been forced to leave their home and live elsewhere. See summary report: Afghanistan, Colombia, Democratic Republic of the Congo, Georgia, Haiti, Lebanon, Liberia and the Philippines, opinion survey, 2009. Our World. Views from the field. IPSOS/ICRC 2009.

3 Protection against forced displacement is the phase in which the causes of displacement may be eliminated or reduced. Understanding the events that cause displacement is critical in efforts to prevent their recurrence. Acute displacement is the phase of displacement characterized by frantic flight by people taking often desperate measures in search of solutions that frequently prove extremely difficult. Stable displacement is characterized by a relative ‘settling’ of the IDPs in order to wait out the crisis (in camps, with hosts, or independently). Sustainable durable solutions depend on a resolution of the crisis or can be considered when conditions which are conducive to restoring ‘normalcy’ in the lives of the IDPs have been restored.

4 Article 6(1) of the Guiding Principles on Internal Displacement states that every person has the right to be protected against arbitrary displacement from his or her place of habitual residence. Evacuation and permanent relocation must be used as measures of last resort predicated on absolute necessity, imminent threat to life, physical integrity and health. They should be taken in keeping with IHL and human rights.

5 The Movement has established a number of policies and regulations to govern its emergency operations and its activities in protracted conflict and other disasters. Among the more recent are the Code of Conduct for the International Red Cross and Red Crescent Movement and NGOs in Disaster Relief, the Principles and Rules for Red Cross and Red Crescent Disaster Relief, the Seville Agreement and other mechanisms in force for coordination within the Movement. More specifically regarding IDPs, the 2001 Council of Delegates adopted a major resolution on the Movement's work to help refugees and IDPs, calling for a strategy to guide that work. A further resolution in 2003 included a document entitled Minimum elements to be included in operational agreements between Movement components and their external operational partners. It was intended to boost the Movement's image and credibility.

6 The International Federation's new 2009 Policy on Migration replaces the earlier Federation policy on refugees and other displaced people.

7 The WHO's definition of health implies physical, psychological and social well-being. This definition has often been used as a reference by the Movement.

8 See Resolution 2, The specific nature of the International Red Cross and Red Crescent Movement in action and partnerships and the role of National Societies as auxiliaries to the public authorities in the humanitarian field, 30th International Conference, Geneva, 2007.

9 See Guidance Document on Relations Between the Components of the Movement and Military Bodies, 2005 Council of Delegates, Resolution 7.

10 Common threats to the safety of IDPs are:

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    — direct attacks and ill-treatment

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    — increased risk that families will be torn apart and that children in particular, will be separated from their parents or other relatives

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    — increased risk of gender violence, e.g. rape or sexual violence against women and girls

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    — increased exposure to health hazards

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    — deprivation of property

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    — restricted access to essential goods and services, including health care

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    — exposure to collateral risks in attempting to meet essential needs

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    — risk of tension between host communities and displaced people

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    — presence of weapon-bearers in camps

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    — forced recruitment

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    — movement through unsafe areas and settlement in unsafe or unfit locations,

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    — forced return to unsafe areas

11 See in particular the Movement Strategy on landmines and on explosive remnants of war, to be updated by the 2009 Council of Delegates.

12 Principle 12 of the Guiding Principles states that “every human being has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. To give effect to this right for internally displaced persons, they shall not be interned in or confined to a camp. If in exceptional circumstances such internment or confinement is absolutely necessary, it shall not last longer than required by the circumstances”. See E/CN.4/1998/53/Add.2.

13 See the current Restoring Family Links Strategy (and implementation plan) for the International Red Cross and Red Crescent Movement (2008–2018), and its Annex, 2007 Council of Delegates, Resolution 4.

14 See our policy Code of Conduct for the International Red Cross and Red Crescent Movement and Non-Governmental Organizations (NGOs) in Disaster Relief, adopted by the 1993 Council of Delegates, Resolution 6. See also Principles and action in international humanitarian assistance and protection, 26th International Conference,1995, Resolution 4, E.

15 IHL contains a specific prohibition on displacement unless it is justified for the safety of the population or for imperative reasons of security (see annex on legal framework).

16 The Movement has adopted several resolutions on the dissemination and implementation of international humanitarian law. See in particular Resolution 7 of the 1993 Council of Delegates, Resolution 16 of the 23rd International Conference, 1977, and Resolution 14 of the 24th International Conference, 1981.

17 See Resolution 2 of the 2007 International Conference.

18 In recent decades, the Movement has established a number of policies and regulations governing its emergency operations and its activities in protracted conflicts and disasters. In 2001, the Council of Delegates adopted a major resolution on the Movement's work to aid refugees and IDPs. The resolution called for a strategy to guide that work. In 2003, the Council of Delegates adopted a document entitled Minimum elements to be included in operational agreements between Movement components and their operational partners, which aims to strengthen the Movement's image and credibility. The Movement has also developed an important body of policies, regulations and guidelines on coordination and cooperation within the Movement (endorsed through resolutions adopted by the International Conference, the Council of Delegates and the Federation General Assembly) based primarily on the Geneva Conventions, the Fundamental Principles and the Movement's Statutes.

19 According to Articles 4 and 5 of the Movement's Statutes, National Societies in their own countries and the ICRC have complementary and concomitant mandates in international and other armed conflicts or internal strife.

20 See Minimum elements to be included in operational agreements between Movement components and their operational partners, 2003 Council of Delegates, annex to Resolution10 and Guidance Document on Relations between the Components of the Movement and Military Bodies, (Council of Delegates, 2005, Resolution 7).