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.
Guiding principles on internal displacement

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
     

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.

 Based on UNHCR Guiding Principles on Internal Displacement 1998 (E/CN.4/1998/53/Add.2)

Additional Resources

Web page Guiding principles on internal displacement – United Nations Office for the Coordination of Humanitairan Affairs (UNOCHA) Switzerland 2004

PDF file Handbook for Planning and Implementing Development Assistance for Refugees (DAR) Programmes – Copyright UNHCR Switzerland 2005  [full details]

PDF file Handbook for Repatriation and Reintegration Activities – United Nations High Commissioner for Refugees (UNHCR) Switzerland 2004  [full details]

Web page networklearning.org

PDF file Operational Protection in Camps and Settlements – Switzerland 2006  [full details]

PDF file Protecting refugees: A Field Guide for NGOs – UNHCR 2002  [full details]

PDF file The 1951 Refugee Convention - Questions and Answers – UNHCR Switzerland 2006  [full details]

Web page United Nations High Commissioner for Refugees

This page was last updated on 17 June 2011