Durable Solutions for IDPs: Safety, Dignity, and Voluntariness, Slides of Law

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Durable Solutions

Objectives

 Review the standards for durable solutions in

the GP

 Identify the responsibilities of national

authorities and other actors in the planning

and implementation of durable solutions

 Identify potential durable solutions for the

context

Return home:

The process of going back to one’s habitual

place of residence

Often the ideal solution, but difficult to

achieve

Solution: return

Resettlement:

The process of starting a new life in any place other

than the place of original residence, but still within the

same country

Can be the only reasonable option for some IDPs

Solution: resettlement

 Voluntariness

 Safety

 Dignity

 Non discrimination

Key standards

for durable solutions

 In line with: Freedom of movement and choice of residence (GP 14)

 Components:

 1) Freedom of choice:

 Push and pull factors

 2) Informed decision

Voluntariness

Physical safety:

What can be done?

 Presence and monitoring

 Capacity building for law enforcement

 Capacity building for judiciary

 De-mining/Mine risk education

 Prevention of SGBV

 Community based conflict resolution and resolution mechanisms

Legal safety:

What can be done?

 Amnesty law

 Legal aid (Registration and documentation, property)

 Mechanisms for property restitution & arbitration

 Capacity building for judges, lawyers, civil servants, etc.

 Components:

 Unconditional return

 At their own pace

 Not manhandled

 No arbitrary family separation

 Respect for human rights

Dignity

 Equal access to public services

 Ability to participate in communal decision making

 No discriminatory practice towards vulnerable groups

 Equal benefit to community of return

Non-discrimination

 Protection of properties of IDPs (GP 21)

 Properties and possessions

 Left behind or acquired during displacement

Property of IDPs

During displacement

After displacement:

Restitution or compensation

 Restitution: Returning as far as possible to the original position,

including the return of arbitrarily or illegally confiscated housing or property as a form of restorative justice.

 Compensation: Legal remedy by which a person receives monetary

or in-kind payment for harm suffered.

• When restitution is factually impossible
• When the injured party accepts knowingly compensation
• When combination of restitution and compensation provided for in peace agreements

Right to return home:

A growing recognition

 Compensation for victims of human rights violations (regional human rights mechanisms)

 International Criminal Court: appropriate reparations to victims, including restitution, compensation and rehabilitation. (Art. 75, Rome Statute)

 World Bank: compensation for losses at full replacement costs (involuntary resettlement)

 Armed conflicts: A state responsible for violations of IHL is required to make full reparation for the loss or injury caused

 Enforcement of property rights of IDPs in post-conflict situations: Bosnia, Kosovo

 UN Sub-Commission adopts Principles on housing and property restitution for refugees and displaced persons (2005)

 Loss of documents

 Destruction of records

 Occupation by displaced households

 Property rights of vulnerable groups (women, indigenous people)

 Funding

Property restitution:

A complex issue