95981 Internal displacement in Africa: A development challenge Exploring development initiatives to alleviate internal displacement caused by conflict, violence and natural disasters Acknowledgements This brochure was authored and produced by IDMC under an initiative by the Global Program on Forced Displacement of the World Bank. The content of the brochure is based on Walter Kälin and Nina Schrepfer’s study, Internal Displace- ment in Africa: A Challenge for Development Actors - Analytical Paper on the Relevance of Human Rights Approaches for Bank Activities Targeting Conflict- and Disaster-Induced Displacement in Africa, Switzerland, 2012. Both the study and the brochure were financed by the Nordic Trust Fund (NTF). The NTF is a knowledge and learning initiative to help the World Bank develop a more informed view on human rights. Financial and staff support for the NTF is provided by Denmark, Finland, Iceland, Norway and Sweden. Disclaimer The content of this brochure does not necessarily represent the views of the World Bank and its affiliated organizations, or those of the Executive Directors of the World Bank or the governments they represents. Cover photo: A recently returned mother and child walk towards their new hut in Dzaipi sub-county, Adjumani District, Uganda. The IDP camps clustered around the trading centres in Adjumani emptied as families return to their villages, September 2010. © Will Boase for USAID/OTI/NUTI www.willboase.com Introduction This brochure is a result of a knowledge and learning initiative on human rights and forced displacement, carried out by the IDMC, the the Institute of Public Law of the University of Bern and managed by the World Bank/Global Program on Forced Displacement. The purpose of this brochure is to provide guidance on how to integrate human rights approaches into development responses to forced displacement. The lessons of this booklet are derived from an analytical study on internal displacement in Africa, produced by the 'the Institute of Public Law of the University of Bern. The brochure has been presented and discussed at a workshop organized by the African Union Commission. Internally displaced people (IDPs) “are persons or groups A father who had been internally displaced for over a of persons who have been forced or obliged to flee or decade in northern Uganda told Kälin in 2009: “I don’t to leave their homes or places of habitual residence, in need food aid. I need help in clearing my land, a shovel and particular as a result of or in order to avoid the effects of seeds. And some rain.” In essence, he said that internal armed conflict, situations of generalized violence, viola- displacement was not only a humanitarian, human rights tions of human rights or natural or human-made disasters, or peace-building challenge, but also a development one. and who have not crossed an internationally recognized state border” (1998, Guiding Principles on Internal Dis- placement). As of the end of 2011, more than 26 million Internally displaced persons versus refugees people were internally displaced by conflict and violence across the world. More than a third of them were in Africa, Most people forced to leave their homes because of the region with the highest number of IDPs and where conflict and violence, human-made or natural disas- they outnumber refugees by five to one. Sudan, Demo- ter settle in safer areas within their own country and cratic Republic of the Congo (DRC) and Somalia have the do not cross into another country. They are known continent’s largest populations of internally displaced peo- as internally displaced people (IDPs). Refugees are ple. Large numbers of people in Africa have also been in- those who had to flee from individual persecution or, in ternally displaced by natural disasters, especially drought. states which have ratified the 1969 OAU Convention, violence or events “seriously disturbing public order”, Internal displacement situations are often fluid, with new and who crossed an international boundary to seek displacements and movements of people in search of a safety in a country other than their own. durable solution sometimes happening at the same time. Preventing new displacement is as much of a challenge as resolving existing situations. In a number of African coun- tries, IDPs live in protracted displacement; their process of finding a durable solution has stalled, often leaving their rights unprotected and their communities marginalised. The former Representative of the UN Secretary-General on the human rights of IDPs, Walter Kälin, has observed that IDPs in many African countries are often worse off when humanitarian organisations withdraw following an emergency, leaving them without any real prospects of rebuilding their lives in a sustainable manner. 3 Why development actors should pay attention to internal displacement “ While forced displacement is a humanitarian crisis, it also has significant developmental impacts affecting human and social capital, economic growth, poverty reduction efforts, and environmental sustainability. Forced displacement has an important bearing on meeting the MDGs [Millennium Development Goals], since displaced populations tend to be the poorest and often experience particularly ” difficult access to basic services. Harild and Christensen, The Development Challenge of Finding Durable Solutions for Refugees and Internally Displaced Persons, background note, World Development Report 2011. Internal displacement caused by armed conflict, other bour may improve food production, and the upgrading of situations of violence or natural disasters has traditionally health and education services has a lasting local impact, been seen primarily as a humanitarian and human rights even after IDPs have returned to their homes. issue, and sometimes as a security challenge. Humani- tarian organisations are regarded as key to addressing it. Development-focused organisations tend to become involved only when a situation is stable enough to allow Displacement as a process of impoverishment for sustainable initiatives. Displacement impoverishes individuals, families and Displacement and development, however, are not unre- communities. IDPs often lose land, property, liveli- lated. On the one hand, lack of development can trigger hoods and access to health services and education instability and conflict which leads to displacement, as in the process, while hosts may exhaust their re- do the lack of early warning, preparedness, disaster risk sources in coping with the new arrivals, especially in management and adaptation in countries prone to natural Africa where most IDPs stay with relatives or in host disasters. Lack of development can also hinder the return communities. of people to devastated areas and affect other settlement options. Displacement might also undermine or even re- Impoverishment can be understood as a loss of natural verse the development of a region and it always increases capital, human-made physical capital, human capital the risk of impoverishment and perceived marginalisation. and social capital. There are nine risks or processes that cause the impoverishment of people affected On the other hand, well-designed development interven- by displacement: landlessness, joblessness, home- tions can help to prevent displacement by stabilising fragile lessness, marginalisation, food insecurity, increased areas and reducing the risks associated with disasters. morbidity and mortality, loss of access to common Displacement can even offer development opportunities. property and services, social disarticulation and the Displaced people can make positive contributions to their loss of education opportunities. (Impoverishment Risk host communities, boost the local economy and create and Reconstruction (IRR) model developed by Michael opportunities that may benefit both themselves and their Cernea.) hosts, so encouraging peaceful relations. An influx of la- 4 Why human rights matter “ A human rights-based approach to development is above all a responsibility-based approach. It asks ’who is, and who should be, responsible for what with respect to whom?’ ” Paul Lundberg, Decentralized Governance and a Human Rights-based Approach to Development, p. 5. In Africa, governments have realised that recognising IDPs’ human rights and accepting the primary respon- Protecting IDPs in Africa: four key instruments sibility to respect, protect and fulfill those rights are es- sential elements in addressing internal displacement and • The African Charter on Human and Peoples’ its devastating effects. Rights (1981) is ratified by all 53 African Union (AU) member states and provides a full-fledged Human rights provide key principles, complementing and human rights framework applicable to situations supporting development aims such as the Millennium De- of internal displacement. It also contains unique velopment Goals (MDGs) and good governance. Without features, such as the right to development, that are acknowledging that everyone has the rights to health and important to IDPs’ protection. education, and the corollary obligations of the state, re- • The Guiding Principles on Internal Displacement spective MDGs can hardly be reached. It is difficult to (1998) set out IDPs’ rights during all phases of dis- see how good governance can be achieved if people are placement, that is to say before and during displace- unable to express their opinions on matters affecting their ment and in their search for durable solutions. The lives, or if corrupt authorities are not held accountable. In Guiding Principles are not legally binding, but pro- this sense, development actors increasingly recognise vide guidance to governments by pulling together human rights principles and standards as a factor to be and restating states’ obligations under international taken into account. Some have adopted human rights- human rights and humanitarian law. based approaches while others have integrated them into • The Protocol on the Protection and Assistance of their activities implicitly. Internally Displaced Persons is one of ten proto- cols contained in the Great Lakes Pact on Security, Stability and Development (2006). It commits the pact’s 11 member states to incorporating the Guid- ing Principles into their domestic legal order, and is the first sub-regional instrument to make the Guid- ing Principles legally binding in its signatory states. • The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention, 2009) is the first regional instrument in the world to impose detailed legal obligations on states and their authorities to respect, protect and fulfil IDPs’ economic, social, cultural, civil and political rights. 5 What does the right to development mean? The right to development: a peoples’ right in Africa The right to development stipulates that development processes must lead to the empowerment of a peo- The right to development is a collective right of “peoples ple, that they must improve its choices, capabilities, … to their economic, social and cultural development with opportunities and well-being. Where communities due regard to their freedom and identity and in the equal contribute to a development process by giving up their enjoyment of the common heritage of mankind” (Article land, they have not only a right to just compensation 22 of the African Charter on Human and Peoples’ Rights). but also to receive an equitable share of the benefits. This right, which exists only in Africa as a legally bind- States undertaking or enabling a development project ing guarantee, is particularly relevant for those internally are obliged to inform communities fully of its nature displaced communities that constitute a “people” on the and consequences, to consult them adequately and basis of a common history, culture and religion. effectively and to allow them to participate meaning- fully in all parts of the process, including the planning phase, that are relevant to their lives. Most notably, The role of development actors in states must obtain communities’ free and informed domesticating and implementing the consent in accordance with their customs and tradi- Kampala Convention tions if a development or investment project will have a major impact upon them. As well as hosting the largest internally displaced popula- tion in the world, Africa has also done most to develop a sound normative framework to protect IDPs’ rights. Significance of the Kampala Convention as Unless countries domesticate and implement these key a human rights instrument instruments, however, they will not make a difference to IDPs’ lives. A number of African states, including Angola, The primary responsibility to assist and protect IDPs Burundi, Central African Republic, Kenya, Liberia, Nigeria, lies with governments, but this is not always recognised Sierra Leone, Sudan and Uganda, have already developed and the necessary legal and institutional frameworks national laws and policies based on the Guiding Princi- are sometimes non-existent or ineffective. Human ples and the Great Lakes Pact’s IDP Protocol, or are in rights instruments in general and the Kampala Con- the course of doing so. When the Kampala Convention vention in particular address these weaknesses by: comes into force, there will be added pressure for more • Entitling IDPs as rights holders to demand specified African states to establish national instruments on internal protection, assistance and rehabilitation measures displacement, as this is one of the obligations under the from authorities in their country. Kampala Convention. • Obliging authorities as duty-bearers to respect, protect and fulfil IDPs’ human rights and to take National and international development actors can play specific measures to do so. an important role in supporting states in fulfilling their • Allocating clear responsibilities to authorities in obligations under the Kampala Convention. operational areas relevant to human rights. • Creating a framework of accountability for cases National development actors are critical in supporting their where authorities neglect their responsibilities and governments – along with other relevant stakeholders – in violate their obligations. establishing national instruments on internal displacement and ensuring they include a development angle. The im- plementation of such instruments requires concerted and robust efforts by a broad range of primarily national and local authorities. The support of national and international devel- opment actors is indispensable to ensure that challenges specific to displacement, such as the reconstruction of basic services in areas of return, are addressed. Such initiatives go a long way to meeting the MDGs in the countries concerned. International development organisations can also use their good offices and set incentives by offering donor sup- port to states and ministries in charge of domesticating the convention, and helping to build national and local capacities to that end. 6 Added value? Five human rights principles relevant to development 3 Human rights consistency, in particular non-discrimination processes Is it ensured that specific programs and projects do These five human rights principles can guide the design, not violate the rights of those affected by them? planning and implementation of development projects. • Are programs and projects framed in a way to avoid Answers to the questions under each principle will in- discrimination on grounds such as race, gender, lan- form development initiatives from a human rights-based guage, religion, political or other opinion, ethnic, na- perspective. tional or social origin, property, birth or other status? • Are monitoring measures in place to detect and ad- 1 Responsibility: Right holders and duty bearers dress unintended discriminatory or otherwise harmful effects, particularly on vulnerable and marginalized groups? Who are the right holders and what are their rights in a specific situation? • Do IDP communities have rights as a collective under the African Charter of Human and Peoples’ Rights? 4 Do no harm What collective rights? Are specific programs and projects framed in ways • Do IDPs and members of other affected communities that are consistent with relevant rights of IDPs and others affected by displacement? have specific rights they can claim? • Do displaced women, children, persons with disabili- • Are programs and projects framed in a way to avoid ties, or members of minorities have specific rights other negative and harmful impacts on people af- they can claim? fected by them? • Do members of host communities and other affected • Are programs and projects addressing social and cul- people have specific rights they can claim? tural rights such as the right to food, housing, health and education ensuring that relevant goods and serv- ices are available in sufficient quantity, accessible Who are the duty bearers and what are their obligations in a specific situation? without discrimination in geographical, administrative and financial terms? • Who is responsible to address specific claims of IDPs • Are programs and projects addressing other human at the local level? rights taking into account the specific entitlements • Who is responsible to address specific claims of IDPs enshrined in them? at the central level? • Is it clear who is responsible for what or are there gaps in the allocation of responsibilities? 5 Accountability Is accountability at all relevant levels ensured? 2 Access to information and participation • Are relevant judicial, quasi-judicial or administrative complaint and redress mechanisms in place at all Is information, consultation and participation of IDPs stages? Are traditional or other alternative dispute and others affected by a specific program or project settlement mechanisms available? ensured? • Do IDPs and other affected people possess sufficient • Do IDPs and other affected people de facto and de knowledge about such mechanisms and the capacity jure have the possibility to exercise their right to infor- to use them? mation, freedom of expression and of association and • Is access to such mechanisms guaranteed or are the right to participate in public affairs affecting them? there obstacles such as high costs, administrative • Are measures in place to ensure that IDPs and other hurdles, language requirements, or discrimination and affected people are not just heard but effectively and corruption? meaningfully involved in planning and implementing • Are available complaints/redress mechanisms ef- programs and projects that affect them? ficient and effective? • Is the effective and meaningful involvement of wom- en, youth and marginalized groups ensured? • Do certain IDPs lack the possibility/capacity to ex- press themselves freely and meaningfully and how are problems of social and cultural barriers or power dynamics addressed? 7 Why development actors are needed: Entry points for development initiatives Development actors play a crucial role in securing durable Reducing risks associated with natural disasters: Devel- solutions for IDPs, but initiatives are equally important opment actors have a recognised role to play in reducing in preventing displacement and addressing IDPs’ rights risks related to natural disasters. Measures suggested in during their displacement, particularly when it becomes the 2005 Hyogo Framework for Action include the flood protracted. and hurricane-proofing of housing, roads and other infra- structure; the upgrading of drainage systems; the planting of riparian forest buffers; the construction of dams, sea Preventing displacement walls and dykes; mangrove planting; beach stabilisation; the construction of buildings on elevated plots and other Strengthening community resilience: Some communities land planning measures, soil conservation and the im- are better equipped than others to cope with pressures to provement of livestock management. flee during armed conflict or in the context of environmen- tal changes. Less resilient, and especially marginalised ones are more likely to flee if their situation becomes During displacement more difficult. Development initiatives can contribute to strengthening communities’ resilience, for example by im- Strengthening coping and absorption capacities of host proving food security, livelihood opportunities, availability communities: The vast majority of IDPs in Africa do not live of drinking water, access to basic health and education in camps or settlements, but stay with families or on their services and local governance structures. own in host communities, which also become affected by An NRC staff member interviews an internally displaced woman on durable solutions and access to land at Karehe IDP site, Burundi (IDMC, November 2010). 8 displacement. Support for such communities should not Using the Impoverishment Risk and Reconstruction only focus on humanitarian aid, but also on development model as an entry point for development actors initiatives to strengthen basic infrastructure and services, and increase food security and the availability of shelter Internal displacement increases the risk of impover- and housing – measures that would benefit host com- ishment. It calls for processes to reverse these impov- munities at the same time as helping IDPs. erishment risks by addressing the needs of displaced people and communities: Addressing protracted displacement: More than two- thirds of the world’s IDPs live in situations of prolonged • From landlessness to restitution of, or access to and protracted displacement. All too often, this can breed land after displacement, and if possible temporary dependence among those receiving humanitarian assis- use of land during it tance. The restoration or improvement of livelihood op- • From joblessness to re-employment after displace- portunities and attending to the lack of adequate housing, ment, and if possible temporary employment during it water, sanitation, health and education services in areas • From homelessness to permanent housing after where IDPs live are development challenges. Addressing displacement and temporary shelter during it them helps IDPs to become self-sufficient again and, at • From marginalisation to social inclusion both during the same time, increases the general level of development and after displacement and reduces poverty in targeted areas. • From food insecurity to adequate food and nutrition both during and after displacement • From increased morbidity to improved health care Achieving and sustaining durable solutions both during and after displacement • From the loss of common property to the restora- Durable solutions that bring displacement to an end can tion of community assets and services be achieved through IDPs’ sustainable return to their • From social disarticulation to the rebuilding of places of origin, integration in their places of refuge or networks and communities both during and after settlement and integration in another part of the country. displacement Durable solutions can, however, only be said to occur when • From the loss of education opportunities to the specific conditions are met. The 2010 Inter-Agency Stand- restoration of access to them ing Committee (IASC) Framework on Durable Solutions stipulates that an adequate standard of living, including (Impoverishment Risk and Reconstruction (IRR) model, access to adequate food, water, housing, health care, developed by Michael Cernea.) basic education, employment and livelihood opportuni- ties; and effective mechanisms to restore housing, land and property or provide compensation, are all necessary elements. The establishment of such conditions requires timely development initiatives that build on the achieve- ments of humanitarian action and make them sustainable. Michael Cernea in his Impoverishment Risk and Recon- struction model (see box) describes major impoverishment risks of displacement that have their equivalent in human rights guarantees as enshrined in international and African instruments. The processes leading from food insecurity and increased morbidity, for example, are directly linked to the human rights to adequate food and health. By applying these guarantees, the reversing processes become states’ obligations as duty bearers towards IDPs as rights holders. 9 What development actors can do Development actors can contribute meaningfully to ad- dressing and resolving internal displacement and to revers- In Article 3 (2b and c), the Kampala Convention reiter- ing IDPs’ impoverishment risks. ates the primary responsibility of national authorities to assist and protect IDPs, and refers to the impor- tance of a localised response by stating states’ obli- Four key considerations for development gation to develop policies and strategies on internal action displacement at both national and local levels. 1. Development planning must include enough flexibility to allow for timely initiatives by development actors when Development action: displacement situations change. 2. IDPs must be informed and consulted during develop- In countries with decentralised structures, local authorities ment planning, and their specific needs must be fac- are the first responders when displacements or returns tored into area-based approaches. occur. Local responses, however, are typically hampered 3. Specific programmes targeting IDPs should be linked by the unclear allocation of powers and responsibilities, to general development plans as a way of making them ineffective or insufficient financial decentralisation, lack effective and sustainable. General development plans, of capacities and conflicts of loyalty among elected lo- meanwhile, should also be adapted in a way that allows cal authorities and officials. Development initiatives to IDPs to benefit from them according to their needs. For strengthen local governance might aim to: example, connecting IDPs and host communities to lo- • Improve local capacities to address internal displace- cal, national, regional and international market opportu- ment and support durable solutions in a transparent and nities will lead to sustainable livelihoods and economies. accountable manner. 4. The (re)construction of infrastructure is necessary for • Support local authorities in the design, planning and local authorities to function, for the provision of basic implementation of community-based projects to (re-) services and for the (re-)establishment of livelihoods. integrate IDPs. It is also essential to ensure that trained staff and re- • Design flexible systems at the national level for devolv- sources are available to run and maintain such infra- ing financial resources to respond to the needs created structure and services. by the influx and presence of IDPs, be they in places of refuge and subsequent integration, return or settlement. • Establish or strengthen measures to address local Four key areas of intervention authorities’ accountability towards IDPs, for example through the setting up of local complaints mechanisms. Development actors can support the implementation of the Kampala Convention by intervening in the four key areas of governance, basic services, livelihoods and food security, and housing, land and property rights. 2 Improving access to basic services IDPs often lose their access to basic services, affecting 1 Strengthening national and local governance their rights to water, sanitation, health care and education. Humanitarian assistance tends to target IDPs in camps and settlements while those living outside camps struggle Strong governance by capable, responsive and accountable to access similar services. Humanitarian organisations national and local authorities is a necessary precondition to often leave the country or receive less funding after the progress on improving access to basic services, livelihoods initial emergency phase, resulting in a deterioration of and the protection of housing, land and property rights. basic services, especially when displacement becomes 10 protracted. IDPs seeking a durable solution may return Example: Life-saving development efforts in north- to areas where basic services have collapsed or were ern Somalia destroyed and have not been re-established. They may face administrative obstacles or outright discrimination The continuous flow of IDPs into Puntland and So- when trying to access basic services. The persistent lack maliland places a burden on local authorities and of access to basic services, sometimes during all phases communities. Kälin, the former Representative of the of their displacement, seriously compromises IDPs’ rights UN Secretary-General, has highlighted the need for to water and sanitation, health and education and hinders development initiatives such as investments in basic communities in their efforts to achieve a durable solution. infrastructure, services and livelihoods as important life-saving measures (RSG Somalia report 2009, par- agraph 33): “Such development interventions reduce Article 9 (2) of the Kampala Convention stipulates dependency on humanitarian aid and strengthen the that states must provide IDPs, and where appropriate capacity of displaced and host communities to cope host communities, with adequate humanitarian assist- with the distress and the burdens imposed upon them ance, including health services, sanitation and educa- as a consequence of displacement, at times when tion to the fullest extent possible and with minimum humanitarian aid cannot reach them.” Working with delay. Special measures must be taken to protect their UN partners, ministries have established joint women’s reproductive and sexual health and provide programmes in Hargeisa, Bossasso and Galkayo psychosocial support for victims of sexual and other which aim to improve IDPs’ living standards by better abuse. Providing these services is part of a state’s protecting their human rights, in particular by improv- obligation to seek durable solutions to displacement ing their physical security, upgrading temporary set- as stipulated in Article 11 (1). tlements and improving access to basic services and livelihood opportunities. The programmes also seek to identify and achieve durable solutions, so combin- States are responsible for deciding which ministries or ing the need for continued humanitarian efforts with institutions will carry out these tasks. Concerted efforts by recovery and development initiatives. humanitarian and development actors are often essential in supporting them. Development action: 3 Re-establishment security of livelihoods and food Development actors are routinely involved in improving Livelihoods and food security are intimately connected, basic services. Initiatives should take IDPs’ specific needs especially in rural areas. In fact, the re-establishment of live- and vulnerabilities into account and contribute to restor- lihoods is key to improving IDPs’ food security and fulfilling ing their access to these services both during and after their right to food. Development initiatives help them to avoid displacement by: temporary or chronic malnourishment, and as such so go • Expanding and upgrading existing services to cope with some way to addressing the fundamental right of every hu- increased demand in IDPs’ places of refuge, particularly man being to be protected against hunger. Lack of access where an influx of IDPs compounds other urban pres- to livelihoods causes both impoverishment and dependence sures. Initiatives should be sustainable and continue on humanitarian assistance. In its absence, IDPs resort to even once IDPs leave, to ensure development gains for negative coping strategies or become vulnerable to serious their host communities. economic exploitation. Self-employed farmers, shopkeep- • Ensuring that basic services put in place by humanitar- ers and other business owners tend to lose their livelihoods ian organisations are taken over by ministries, local when they flee because they leave behind the very basis authorities or communities when the emergency phase of their economic activities, including productive assets, ends and that they are accessible to host communities. economic and physical resources, customers and profes- • Re-establishing basic services in areas of return; and sional and social networks. Others lose jobs in industries when necessary setting them up or expanding them and services, access to work on land owned by others and in areas of local integration or relocation/settlement. the use of assets under common property arrangements. • Ensuring in all cases that legal, administrative and de facto obstacles faced by IDPs when accessing basic Finding new employment and other sources of livelihoods services are removed. is difficult for IDPs. Displacement often occurs during economic downturns caused by armed conflict, political crises or natural disasters. People may also be displaced to areas where no jobs are available, or where they face discrimination or lack the skills and knowledge needed to establish new livelihoods. Some of these factors, such as discrimination and a shortage of economic opportunities, may persist in the context of durable solutions. 11 Development action: There is no consensus as to which policies are most ef- ficient in creating jobs and livelihoods, but pragmatic ap- proaches taking into account specific contexts work best. Initiatives might include: • Temporary work programmes with payment in cash or food. Schemes might involve IDPs in the setting up camps or settlements in areas of displacement, or in the reconstruction of damaged homes and basic services in return areas. Such initiatives are an important step towards re-establishing IDPs’ self-sufficiency. • Vocational training programmes or shorter skills train- ing programmes to improve IDPs’ chances of entering Returned IDP boys in an unrenovated school in Gulu district, Uganda. (IDMC, January 2011) the labour market both during and after displacement. Such programmes are particularly effective if combined with the creation of equivalent livelihood opportunities. public land to give landless IDPs the opportunity to farm. • Improving access to and provision of productive assets, This can be particularly useful in areas where population such as markets, land, livestock, tools, other equipment density is high and the size of private plots very small. and micro-credits without discrimination. This is essen- • Introducing more productive and sustainable farming tial both during and after displacement to re-establish methods, agricultural credits and measures to improve sustainable livelihoods in the long-term and to limit pro- IDPs’ access to markets. tracted displacement and dependence on humanitarian • Replacing the livestock of (agro-)pastoralists who lost assistance. their animals during the process of displacement. The • Creating sustainable livelihood opportunities and self- provision of veterinary services is also important for a reliance in the context of durable solutions. Such ini- successful intervention. tiatives should be area-based, multi-dimensional and cover IDPs, returnees and local communities to have a lasting impact. As such, they also contribute to social Example: Livelihoods and food insecurity in north- reconciliation. ern Uganda • Mainstreaming IDPs’ specific needs into general poverty alleviation and livelihood programmes. A longitudinal study in northern Uganda published by the Overseas Development Institute showed that returning IDPs’ food insecurity can actually increase Article 3 (1) (k) of the Kampala Convention stipulates in the absence of adequate development initiatives. that as well as ensuring IDPs’ protection and assist- The study examined the situation of families in Pader ance, states must also promote their self-reliance and district over three years and it’s findings included the sustainable livelihoods. Restored livelihoods are a key following problems faced by IDPs returning to their condition to the achievement of durable solutions, an villages: (i) Agricultural inputs and labour were a major obligation contained in Article 11. constraint on food production despite the availability of land; (ii) Income-generating opportunities “were mainly limited to low paying activities”; (iii) Income Given that early recovery measures taken by humanitar- dropped to very low levels during times when return- ian organisations are often not enough to restore food ing IDPs had to clear their land and construct their security, development action is essential to lessen IDPs’ homes; and (iv) the latter hindered the efforts of those dependence on assistance and to avoid creating an ob- affected “to rapidly rebuild their former livelihoods or stacle to durable solutions. Initiatives might include: invest in livestock” and so prolonging their depend- • Providing IDPs with unused public or other land, and ence on food assistance. the tools and seeds necessary to grow food during their displacement; and those in urban areas with training, micro-credits and other measures to help them enter the local labour market. Private land can also be used 4 Providing access to housing, land, property and temporary shelter to IDPs’ benefit, provided the owner receives adequate compensation through rent or is included in income- The homes, land and property that IDPs leave behind generating schemes or infrastructure projects that offer when they flee are often their most valuable assets and them some economic reward. essential to their livelihoods and identities. Such property • Helping returning IDPs clear land left fallow during their often remains unprotected, compromising IDPs’ right not displacement and building or repairing irrigation systems to be arbitrarily deprived of their property. The loss of and other infrastructure. them contributes to IDPs’ impoverishment and creates the • Establishing land cooperatives or using common or need for adequate shelter during and after displacement 12 until their assets have been recovered. Land issues are are critical. They might include recording hitherto un- important drivers of violence and conflict when access is registered, informal or traditional ownership, land titling, unequal, tenure insecure or competition intense, including and securing or re-establishing land registries and simi- situations in which climate variability or change has led to lar public records. scarcer resources. Restoring housing, land and property • Helping IDPs to recover their property. Initiatives to help and improving secure access to land and housing as as- replace lost or destroyed documentation proving owner- pects of IDPs’ rights in this area are key to IDPs being able ship rights are critical as are those to help re-establish to achieve durable solutions in the aftermath of conflict, land registries and administration systems that may have and may be essential in rebuilding peace. The destruction been destroyed or collapsed during conflict or disaster. of homes and property by natural disasters and conflicts • Resolving land and property disputes. Development initia- often leads to displacement and is a major obstacle to tives are essential in strengthening and building the ca- IDPs restarting their lives. The loss of land registries and pacity of existing courts and tribunals. These bodies are title deeds, the absence of formal deeds, the destruction often overwhelmed by the sheer volume of IDPs’ claims, of landmarks used for demarcation and discriminatory and lengthy proceedings become an impediment to their laws and traditions are common challenges IDPs face in achieving durable solutions. Development actors can help recovering their land and property and a potential source to address this issue by working with national and local of inter-communal tensions, violence and conflict. authorities to improve mechanisms for settling disputes, simplify procedures and create alternative mechanisms. Given the various modes and customs of housing, land and • Ensuring IDPs receive compensation where it is im- property rights, the Kampala Convention regulates them possible to restitute their property. Similar initiatives to in detail and also contains provisions relevant to providing those aimed at resolving disputes are essential, that is IDPs with access to adequate shelter. to say working with authorities to strengthen the capaci- ties of courts, tribunals and compensation commissions, simplify procedures and set up alternative mechanisms Article 4 (5) of the Kampala Convention seeks to to adjudicate claims and pay compensation. protect communities with special attachment to or • Improving IDPs’ tenure security and access to land and dependence on land because of their culture and spir- housing. Development actors can support this goal with itual values from displacement. Article 9 (2) stipulates a wide range of initiatives, such as land management that states must provide IDPs with adequate shelter to and governance programmes, the development of poli- the fullest extent possible and with minimum delay. It cies that recognise customary land rights, transform- also calls for measures to protect individual, commu- ing those rights into title deeds and supporting urban nity and cultural property left behind in IDPs’ places planning solutions which include pro-poor housing and of origin and in their places of refuge. The obligation rental schemes open and adapted to IDPs. of states to promote and create the conditions for durable solutions is contained in Article 11 (1), and Shelter and housing is not only a humanitarian issue. includes the restoration of IDPs’ homes, lands and Development actors play a critical role in providing tran- property. States are also required by Article 11 (4) to sitional shelter when displacement becomes protracted establish mechanisms and simplified procedures to and in the process of finding durable solutions. They help settle property-related disputes. Article 11 (5) states IDPs avoid having to (i) live in sub-standard housing with- that communities with special attachment to or de- out access to basic services, (ii) engage in dangerous or pendence on land whose displacement could not be exploitive activities to cover rents or (iii) occupy public prevented can ask their governments to take all ap- or private property and risk eviction. Transitional shelter propriate measures to restore their former lands upon may also be necessary for returning IDPs who lack the their return whenever possible. capacities to rebuild their houses. Initiatives should aim to: • Upgrade areas where IDPs settle or return with the necessary housing and other infrastructure as part of Development action: urban planning or rural development projects, and pro- vide options to secure residents’ tenure. Development initiatives on housing, land and property • Make sure that housing policies address IDPs’ specific are essential throughout the displacement process, and needs. particularly to the achievement of durable solutions. Im- proving tenure security is essential in Africa, where the overwhelming majority of rural land is unregistered and managed customarily – a fact which increases the likeli- hood of dispossession before, during and after displace- ment. Access to land and property is also closely related to livelihoods. Initiatives might include: • Protecting the land and property IDPs leave behind. De- velopment initiatives that help both people who have fled and those at risk of displacement to secure title deeds 13 Example: Using existing development schemes to achieve durable housing solutions Links to resources In Burundi, IDPs have been living in settlements for over a decade. The settlements were set up on both public or private land, and in some cases they have been the source of land disputes with the owners, most of them domicile residents. A study carried out in 2011 to assess IDPs’ living conditions and their preferred options for durable solutions showed that 82 per cent wished to integrate locally, a preference protected by the right of all citizens to choose their place of residence but raising the issue of the status of the land on which they have settled. Burundian au- thorities are now in the process of drafting an action plan for durable solutions with the support of the UN Note: This brochure focuses on displacement Refugee Agency (UNHCR). The plan will cover the caused by armed conflict, other situations of vio- resolution of property disputes through restitution or lence and natural disasters. Development-induced compensation, and address the issue of tenure se- displacement has its own normative frameworks. curity for IDPs who wish to integrate locally. For it to be successful, it is essential to examine existing land Guidance is notably included in the World Bank’s legislation and development programmes which could Operational Policy on Involuntary Resettlement contribute to the achievement of durable solutions. (Operational Manual, OP 4.12, revised in Feb. 2011); the African Development Bank’s Involuntary Re- Burundi is seeking international financial support for a settlement Policy (Nov. 2003); the International “villagisation” project which aims to improve economic Finance Corporation’s Performance Standard 5, development and living conditions through the devel- Land Acquisition and Involuntary Resettlement opment of villages where all facilities and services (Jan. 2012) and the Basic Principles and Guidelines are available. Beneficiaries would become owners of on Development-Based Evictions and Displace- the houses built as part of the programme. Its current ment (2007). criteria, however mean that IDPs are not eligible to participate. Extending the programme to include IDP settlements and neighbouring communities would go Useful links a long way to achieving durable solutions and social reconciliation. This example shows the need for coor- African Union: http://www.au.int dination between humanitarian and development ac- African Commission on Human and Peoples’ tors in helping authorities to implement initiatives that Rights: http://www.achpr.org support IDPs’ efforts to achieve durable solutions at African Development Bank: http://www.afdb.org the same time as benefiting the population as a whole. Internal Displacement Monitoring Centre: http://www.internal-displacement.org International Conference on the Great Lakes Region: http://www.icglr.org PreventionWeb: http://www.preventionweb.net ReliefWeb: http://www.reliefweb.int UNDP: http://www.undp.org UN High Commissionner for Refugees: http://www.unhcr.org UN Office for the Coordination of Humanitarian Affairs (OCHA): http://ochaonline.un.org World Bank: http://www.worldbank.org 14 Medit Algiers er Tunis ra TUNISIA ne Rabat an Sea Madeira Is. (PORTUGAL) MOROCCO Tripoli Canary Is. Cairo (SPAIN) ALGERIA Laayoun LIBYA EGYPT Western Sahara Re d Se MAURITANIA a CAPE VERDE Nouakchott MALI NIGER SUDAN ERITREA Dakar CHAD Praia SENEGAL Lake Khartoum Asmara Niamey GAMBIA Chad Bamako den Banjul BURKINA FASO lf of A DJIBOUTI Gu N'Djamena Socotra Bissau Ouagadougou (YEMEN) Djibouti GUINEA-BISSAU GUINEA G NIGERIA ETHIOPIA BE N IN Conakry CÔTE- TOGO Abuja H Freetown SOUTH AN D'IVOIRE A SIERRA Addis Ababa CENTRAL LI SUDAN A LEONE Yamoussoukro Accra Monrovia Porto AFRICAN REPUBLIC A LIBERIA e Novo CAMEROON Bangui Juba M om Abidjan SO L Malabo Yaoundé Lake EQUATORIAL GUINEA UGANDA Turkana Principe Lake Albert Mogadishu SAO TOME AND PRINCIPE Sao Kampala Tome Libreville KENYA O Sao Tome GABON DEMOCRATIC RWANDA G Nairobi N Annobón REPUBLIC INDIAN OCEAN O (EQUATORIAL GUINEA) C Kigali Lake OF THE Victoria Brazzaville Bujumbura CONGO BURUNDI Kinshasa Lake Pemba Amirante Is. Victoria Cabinda Tanganyika Dodoma (ANGOLA) Zanzibar A T L A N T I C UNITED REPUBLIC OF SEYCHELLES Ascension Luanda TANZANIA Providence Is. (UK) Aldabra Is. O C E A N Lake Nyasa Moroni Farquhar Is. Agalega Is. ANGOLA COMOROS (MAURITIUS) Lilongwe Mayotte Is. ZAMBIA MALAWI (under French E admin ) R Tromelin QU St. Helena Lusaka (FRANCE) I A (UK) Cargados B C Lake Harare Carajos AS Kariba M Antananarivo MAURITIUS ZIMBABWE ZA AG Port Louis MO NAMIBIA MAD Réunion BOTSWANA (FRANCE) Windhoek Gaborone Pretoria AFRICA Maputo Mbabane SWAZILAND Bloemfontein Maseru SOUTH LESOTHO AFRICA Cape Town The boundaries and names shown and the designations used 0 500 1000 km on this map do not imply o cial endorsement or acceptance by IDMC. 0 500 1000 mi Source: UN Cartographic Section, modified by IDMC. October 2012 15 The Internal Displacement Monitoring Centre The Internal Displacement Monitoring Centre (IDMC) was established by the Norwegian Refugee Council in 1998, on the request of the Inter-Agency Standing Committee to set up a global database on internal displacement. IDMC remains the leading source of information and analysis on internal displace-ment caused by armed conflict, generalised violence and violations of human rights worldwide. Since 2009, IDMC has also monitored displacement due to disasters associ- ated with natural hazards. IDMC aims to support better international and national responses to situations of internal displacement and respect for the rights of internally displaced people (IDPs), many of whom are among the world’s most vulnerable people. It also aims to promote durable solutions for IDPs, through return, local integration or settlement elsewhere in the country. IDMC’s main activities include: Monitoring and reporting on internal displacement; Researching, analysing and advocating for the rights of IDPs; Providing training on the protection of IDPs; Contributing to the development of guides and standards on protecting and assisting IDPs. For more information, visit the Internal Displacement Monitoring Centre website at: www.internal-displacement.org www.internal-displacement.org/kampala-convention Internal Displacement Monitoring Centre Norwegian Refugee Council 7-9 chemin de Balexert CH-1219 Châtelaine, Geneva Tel: +41 22 799 0700 Fax: +41 22 799 0701 idmc@nrc.ch http://www.internal-displacement.org