Humanitarian Principles → Refugees and internally displaced persons
Refugees and internally displaced persons
| Rights and responsibilities |
- People may be forced to flee or leave their homes due to natural or man-made disaster, general insecurity or violation of human rights.
- Those that do not cross an international border are defined by the UN as INTERNALLY DISPLACED PERSONS (IDPS).
- Those that do cross an international border and are unable to return due to ‘well-founded’ fear of religious, ethnic or politically motivated violence or retribution are known as REFUGEES.
- Refugee rights are set out in the 1951 Refugee Convention which applies to all states, including those not party to the convention.
- The most important right stipulates that an asylum country cannot forcibly return (re-foul) or discriminate against refugees and is obliged to ensure the same social and economic rights as their own citizens.
- National legislation may constrain refugee and IDP rights e.g. identity papers.
- All refugee groups differ and have differing needs and expectations which must be taken into account.
- Refugees have strengths and capacities on which to build disaster response, recovery and preparedness programming.
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| Guiding principles on internal displacement |
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GENERAL PRINCIPLES 1-4
- Equal rights and equal obligations
- Universal application
- Right to seek and enjoy asylum
- State responsibility for protection
DISPLACEMENT PROTECTION 5-9
- Prevention of displacement
- Minimising severity and frequency of displacement
- Protection of indigenous groups
PHYSICAL SECURITY AND FREEDOM OF MOVEMENT 10-15
- Right to life, dignity and personal integrity
- Protection against arbitrary arrest, detention and forcible return
- Choice of location and residence
- Protection from forced military
recruitment especially children.
FAMILY AND COMMUNITY PROTECTION 16-17
- Family unity and reunification
- Honour and respect for mortal
remains and grave sites
- Respect for family life
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ECONOMIC, SOCIAL AND CULTURAL RIGHTS 18-23
- Adequate standard of living and services
- Health, medical and reproductive care
- Identification documents esp. women
- Protection and return of property
- Freedom to seek employment
- Freedom of speech & religious expression
- Respect for own culture and language
- Access to education
HUMANITARIAN ASSISTANCE 24-27
- Provided without discrimination
- Primary responsibility of national
authorities
- Humanitarian agency right to assist and state obligation to facilitate assistance.
- Humanitarian agency obligation to provide protection to those displaced
- Protection of humanitarian personnel
PROTECTION DURING RETURN, RESETTLEMENT AND REINTEGRATION 28-30
- Right to voluntary return or resettlement
- Protection from discriminatory treatment
- Right to return of property or redress
- State / humanitarian agency responsibility to facilitate resettlement solutions.
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Based on UNHCR Guiding Principles on Internal Displacement 1998 (E/CN.4/1998/53/Add.2)
This page was last updated on 17 June 2011