International Normative Framework & Displacement

International Humanitarian Law Human Rights Law Refugee Law Guiding Principles on Internal Displacement Regional and other instruments

Session Objectives
At the end of this session, you will NOT all be lawyers, but you will be able to:

Describe the rights of individuals who are displaced Work with more confidence in referring to the legal instruments which protect these rights Identify resources & references for further exploration of specialized issues

What do they have in common?

Human Rights Law International Humanitarian Law Refugee Law Security Council Resolutions

Human Rights Law

Founded on respect and dignity of the individual Universal, inherent, inalienable

Key documents
Universal Declaration of Human Rights (UDHR) International Covenant on Economic, Social, and Cultural Rights International Covenant on Civil and Political Rights (ICCPR) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Convention on the Rights of the Child (CRC) Convention against Torture, Cruel, Inhuman and Degrading Treatment or Punishment (CAT)

Non-derogable rights
Certain rights can be temporarily suspended or derogated during public emergencies

Freedom of movement Freedom of assembly

Core rights can never be suspended (nonderogable)

Right to life Freedom from torture, cruel/inhumane treatment Freedom from enslavement or servitude Freedom of thought, conscience, religion

International Humanitarian Law (IHL)

Applicable in armed conflict. Protects those who are not or no longer taking part in hostilities. Means and methods of warfare are limited Binding on states and organized armed groups.
Key Documents Geneva Conventions of 1949 and Additional Protocols 1977.

Geneva Conventions and Protocols

Four Conventions

Amelioration of Wounded and Sick in Armies Amelioration of Wounded, Sick and Shipwrecked Treatment of Prisoners Protection of Civilians

Additional Protocol I: Protection of Civilians in International Armed Conflict (1977) Additional Protocol II: Protection in NonInternational Armed Conflict (1977)

IHL: Common Article III

Considered a treaty in miniature
In case of armed conflict not of an international character occurring on the territory of one of the high contracting parties, each party to the conflict shall be bound to apply, at a minimum, the following provisions
Protection of those taking no active part in hostilities Prohibition of violence, murder, hostage-taking,

degradation, extra-judicial punishment of civilians or those hors de combat Care of prisoners and wounded

Two branches of International Law:

Complementary but applied differently

IHL
Protect human dignity In war time Protect against action by adversary No derogation

HR
Protect human dignity At all times Protect against arbitrary action by State Limited derogation in case of emergency

IHL and Human Rights Law

Common Goal : Protection of the individual

HUMAN RIGHTS
Freedom of Expression Freedom of Assembly Right to Marry Right to Education

COMPLEMENTARY PROVISIONS
Right to Life Prohibition against Torture Prohibition against Illtreatment Family unity Fair Trial

IHL
Protection of wounded, sick and shipwrecked
Protection of POWs and civilian internees Conduct of Hostilities

Application in Context
Categories of Conflict Peacetime Civil disturbance, riots,
disasters Public emergency

Relevant Bodies of Law

Human rights law HR law; rarely justifies derogation HR law; limited derogation IHL applicable, no derogation HR also applicable but may be possible to derogate certain rights

Non-international armed
conflicts (between govt forces and organized armed group or 2+ organized nongovt groups)

International armed conflict

between two or more States

IHL applicable HR law applicable domestically but possible to derogate certain rights

Refugee Law
Specific protection regime for

Someone who, as a result of a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality and is unable or owing to such fear, is unwilling to avail himself of the protection of that country.

Right to seek asylum Principle of non-refoulement

Key Documents Refugee Convention of 1951 OAU Convention of 1969, Cartagena Declaration of 1984

Guiding Principles on Internal Displacement

Identify rights of IDPs Consistent with IHL, HR Restates relevant norms for IDPs Delineates rights and guarantees as relate to different phases of displacement Not a treaty

How are the principles derived?

Example, Principle 12

1) Every human being has the right to liberty and

security of person. No one shall be subjected to arbitrary arrest or detention

General

Derived from: UDHR articles 3 and 9 CCPR article 9 (1)

Principle 12
1) Every human being has the right to liberty and security of General
person. No one shall be subjected to arbitrary arrest or detention

2) 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 Applicable To IDPs confinement is absolutely necessary, it shall not last longer than required by the circumstances. discriminatory arrest and detention as a result of their displacement. hostage. Applicable To IDPs Applicable to IDPs

3) Internally displaced persons shall be protected from

4) In no case shall internally displaced persons be taken

Guiding Principles
General principles

Non-discrimination Reference to IHL, HR, and domestic law Reiterates responsibility of State Affirms right of IDPs to request/receive protection and assistance

Protection from displacement

Prohibits arbitrary displacement Minimize adverse effects, assure proper conditions

Guiding Principles
Protection during displacement

Physical security Movement-related rights Family unit and community Economic, social, cultural rights
State responsibility Humanitarian access and transport of supplies Voluntary, in safety and dignity Monitoring and humanitarian access

Humanitarian assistance

Return, reintegration, resettlement

Other instruments
Convention on the Rights of the Child + 2 Optional Protocols ILO Convention 182 on Elimination of Worst Forms of Child Labor CEDAW: Convention on the Elimination of all forms of Discrimination Against Women Rome Statute of the International Criminal Court Pinheiro Principles on Land and Property Rights National legislation? Regional instruments?

African Charter, European Convention, American Convention, etc.

Exercise
With the group at your table, identify the violations contained in the case study with reference to the Guiding Principles. Prepare a flip chart:
Situation 1. 2. Guiding Principle