SESSION 6: REFUGEE LAW AND GUIDING PRINCIPLES ON IDPs

1. SESSION 6: REFUGEE LAW AND GUIDING PRINCIPLES ON IDPs

2. AT THE END OF SESSION 6, YOU SHOULD BE FAMILIAR WITH: Particular vulnerabilities of displaced children and women in complex emergencies Refugee Convention and the Guiding Principles on Internal Displacement UNICEF’s role in relation to displaced children and families 2 UNICEF

3. SITUATION OF DISPLACED WOMEN AND CHILDREN Vast majority of IDPs and refugees are women, girls and boys Many subjected to sexual and gender based violence abuses Breakup of family, social and cultural networks Specific needs of adolescents, girls Poor access to services More likely to be trafficked UNICEF 3

4. REFUGEE DEFINITION Refugees are people who have fled their countries due to a fear of persecution, having crossed an international border They enjoy the protection afforded them by refugee law and the mandate of the Office of the United Nations High Commissioner for Refugees (UNHCR) UNHCR is the designated agency in the UN system for refugee protection 4 UNICEF

5. 1951 REFUGEE CONVENTION AND RELATED INSTRUMENTS 1951 Convention created a special legal regime (asylum) for those persons in need of international protection outside of one’s country 1967 Protocol relating to the Status of Refugees expanded the definition 1969 Convention of the Organization of African Unity governs aspects peculiar to refugee problems in Africa 1984 Cartagena Declaration on Refugees in Latin America supports persons fleeing conflict as ‘refugees’ UNICEF 5

6. PRINCIPLE OF NON-REFOULEMENT Article 33(1) of the 1951 Convention: “No Contracting State shall expel or return (“refoule”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion” UNICEF 6

7. CRC Article 2 ‘State Parties shall respect and ensure rights set forth in the present Convention to each child within their jurisdiction’ Article 22 focuses on rights of refugee children - tracing, family reunification UNICEF 7

8. DEFINITION OF INTERNALLY DISPLACED PERSONS (IDPs) “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.” (1998) UNICEF 8

9. GUIDING PRINCIPLES ON INTERNAL DISPLACEMENT Address specific needs of IDPs by identifying rights and guarantees relevant to their protection and assistance Not technically part of international law Authoritative consolidation of rights of IDPs; provides guidance on the applicable rights Not a substitute for formal legal treaties 9 UNICEF

10. DISPLACEMENT IS NOT LEGAL, INCLUDING WHEN.… Principle 6: It is aimed at, or resulting in, altering the racial, religious, ethnic composition of the population In situations of armed conflict unless the security of civilians or imperative military reasons so demand In cases of development projects not justified by compelling and overiding public interest Cases of disasters unless safety or health requires evacuation When used as collective punishment 10 UNICEF

11. MINIMISING IMPACT OF DISPLACEMENT Under proper conditions (e.g. proper accommodation, safety, health and hygiene) Avoid family separation Proper legal guarantees, review, and remedies in place Adequate information provided to the displaced, seeking their consent Involve the displaced, esp. women, in the move UNICEF 11

12. SPECIFIC REFERENCE TO CHILDREN IN THE GUIDING PRINCIPLES Principles 4, 11, 13, 17 and 23 Children have specific needs during displacement that should be addressed, e.g. protection from forced recruitment and child labour, right to an education, importance of staying with their families and/or being reunited UNICEF 12

13. IDPs AND THE INTERNATIONAL COMMUNITY No single agency delegated full responsibility - collaborative approach Emergency Relief Coordinator designated responsibility for ensuring protection and assistance of IDPs within inter-agency framework and IASC IDP Unit (OCHA)- monitors and makes recommendations Representative of the SG on IDPs Humanitarian Coordinator accountability at country-level UNICEF 13

14. UNICEF AND DISPLACEMENT Displacement considered within HRBAP framework; all children, everywhere Country programme: sensitive to the rights and specific priority needs of most vulnerable children – displaced are among most vulnerable Flexibility in all phases: prevention; acute phase; static displacement; return, reintegration, resettlement UNICEF 14

15. UNICEF RESPONSE CCCs: health and nutrition; education; WES; child protection; HIV/AIDS; monitoring and reporting Rapid assessment Monitoring and evaluation of programmes Coordination Advocacy UNICEF 15

16. KEY MESSAGES UNICEF has responsibility, mission, and mandate for all children, everywhere – including refugee and IDP children Refugees and IDPs face particular threats/risks due to the fact of being forced to flee The Refugee Convention and GP provide a normative framework that specify protections for refugees and IDPs UNICEF has to work with UN and NGO partners, especially UNHCR, OCHA and the ERC UNICEF 16