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International NormativeFramework & Displacement
International Humanitarian Law
Human Rights Law
Refugee Law
Guiding Principles on Internal DisplacementRegional and other instruments
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Session Objectives
Describe the rights of individuals who are
displacedWork with more confidence in referring to thelegal instruments which protect these rights
Identify resources & references for furtherexploration of specialized issues
At the end of this session, you will NOT all be lawyers,but you will be able to:
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What do they have in common?
Human Rights Law
International Humanitarian Law
Refugee Law
Security Council Resolutions
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Human Rights Law
Founded on respect and dignity of the individual
Universal, inherent, inalienable
Key documentsUniversal 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 Treatmentor Punishment (CAT)
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Non-derogable rights
Certain rights can be temporarily suspendedor derogated during public emergencies Freedom of movement
Freedom of assembly
Core rights can never be suspended (non-derogable) Right to life Freedom from torture, cruel/inhumane treatment
Freedom from enslavement or servitude
Freedom of thought, conscience, religion
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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 andorganized armedgroups.
Key Documents
Geneva Conventions of 1949 and Additional Protocols 1977.
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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 inInternational Armed Conflict (1977)
Additional Protocol II: Protection in Non-International Armed Conflict (1977)
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IHL: Common Article III
Considered a treaty in miniatureIn case of armed conflictnot of an international
characteroccurring on the territory of one of thehigh contracting parties, each party to the conflictshall be bound to apply, at a minimum, the followingprovisions
Protection of those taking no active part in hostilities
Prohibition of violence, murder, hostage-taking,degradation, extra-judicial punishment of civilians orthose hors de combat
Care of prisoners and wounded
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Two branches of International Law:Complementary but applied differently
IHL
Protect human dignity
In war timeProtect against actionby adversary
No derogation
HR
Protect human dignity
At all timesProtect against arbitraryaction by State
Limited derogation in
case of emergency
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IHL and Human Rights Law
HUMAN
RIGHTS
Freedom of Expression
Freedom of Assembly
Right to Marry
Right to Education
COMPLEMENTARYPROVISIONS
Right to Life
Prohibition against Torture
Prohibition against Ill-
treatment
Family unity
Fair Trial
IHL
Protection of
wounded, sick and
shipwrecked
Protection of POWs
and civilian internees
Conduct of Hostilities
Common Goal : Protection of the individual
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Application in Context
Categories of Conflict Peacetime
Civil disturbance, riots,disasters
Public emergency
Non-international armedconflicts (between govt
forces and organized armedgroup or 2+ organized non-
govt groups)
International armed conflictbetween two or more States
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 certainrights
IHL applicable HR law applicable domestically
but possible to derogatecertain rights
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Refugee Law
Specific protection regime for Someone who, as a result ofa well-founded fear of being persecuted for
reasons of race, religion, nationality, membership of a particular socialgroup, or political opinion, isoutside the countryof his nationality and isunable or owing to such fear, is unwilling to avail himself of the protection
of that country.
Right to seek asylum
Principle ofnon-refoulement
Key Documents
Refugee Convention of 1951
OAU Convention of 1969, Cartagena Declaration of 1984
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Guiding Principleson Internal Displacement
Identify rights of IDPs
Consistent with IHL, HR
Restates relevant norms for IDPs
Delineates rights and guarantees asrelate to different phases of
displacement
Not a treaty
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1) Every human being has the right to liberty andsecurity of person. No one shall be subjected toarbitrary arrest or detention
Derived from:
UDHR articles 3 and 9
CCPR article 9 (1)
General
How are the principles derived?
Example, Principle 12
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Principle 121) Every human being has the right to liberty and security of
person. No one shall be subjected to arbitrary arrest ordetention
2) To give effect to this right for internally displaced
persons, they shall not be interned in or confined to acamp. If in exceptional circumstances such internment orconfinement is absolutely necessary, it shall not lastlonger than required by the circumstances.
3) Internally displaced persons shall be protected from
discriminatory arrest and detention as a result of theirdisplacement.
4) In no case shall internally displaced persons be takenhostage.
General
ApplicableTo IDPs
Applicable
To IDPs
Applicableto IDPs
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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
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Guiding PrinciplesProtection during displacement Physical security
Movement-related rights
Family unit and community
Economic, social, cultural rights
Humanitarian assistance State responsibility
Humanitarian access and transport of suppliesReturn, reintegration, resettlement Voluntary, in safety and dignity
Monitoring and humanitarian access
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Other instrumentsConvention on the Rights of the Child + 2Optional Protocols
ILO Convention 182 on Elimination of Worst Formsof Child Labor
CEDAW: Convention on the Elimination of all formsof 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.
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Exercise
With the group at your table, identifythe violations contained in the case
study with reference to the GuidingPrinciples.
Prepare a flip chart:
Situation Guiding Principle
1.
2.