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Who are IDPs and what are their needs?

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Objectives

To define the basic elements of the definition of an IDP

To identify the specific problems that affect IDPs and other people affected by displacement

To describe how the definition of an IDP is relevant to responses to displacement

To examine the prohibition of discrimination towards and among IDPs

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IDPs in the world

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IDPs in Country X

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IDPs in The Guiding Principles

IDPs are “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.”

People or groups of people

Forced or obliged to flee

Homes or places of habitual residence

Armed conflict, generalised violence, human rights

violations, disasters

No border crossing

Development projects?

As a result of, or in order to avoid

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Patterns and dynamics

People displaced by conflict and disasters

Urban and rural displacement

IDPs in and outside camps Duration of displacement Mobile IDPs Displacement v adaptive

migration Returning refugees

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Extended definition in Somalia’s policy on IDPs

The definition includes people who flee “armed conflict, clan-based or other forms of generalized violence and insecurity, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized state border”, and adds those “who are evicted from their settlement … and who have not received an adequate housing and/or land alternative or appropriate compensation allowing them restore their lives in a sustainable manner”.

It also states that “pastoralists, who have lost access to their traditional nomadic living space through loss of livestock, loss of access to grazing and water points or markets, also qualify as internally displaced persons.”

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Non-discrimination

Guiding principle 2.1

The principles shall “be observed by all … irrespective of their legal status and applied without any adverse distinction”.

Guiding principle four

1. They shall “be applied … without discrimination of any kind”.

2. Certain IDPs “shall be entitled to protection and assistance required by their condition and treatment which takes into account their special needs”.

Article seven of Georgia’s 2014 law on IDPs states:

“Discrimination of IDPs shall be prohibited in the enjoyment of their rights and freedoms on the ground that they are internally displaced, as well as because of race, color, language, sex, religion, political or other opinion, national, ethnic and social belonging, origin, property and rank, domicile.”

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Host communities

• The Guiding Principles make no reference to host communities.

• Articles 3.2.c and 5.5 of the Kampala Convention, however, call for their needs to be assessed and taken into account.

Article 4.1.e of Kenya’s 2012 act on IDPs and affected communities states: “Extend protection and assistance, according to need, to communities residing in areas hosting internally displaced persons.”

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Affected communities

“Communities who remained in their home areas during the armed conflict or natural disaster, host communities in the areas to which IDPs flee, and communities in the areas where IDPs choose to settle in the long-term.”

National policy for addressing internal

displacement in Yemen, 2013

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People with specific needs

I’m Joe. I’m eight and live in Magunga camp. I’ve lost my parents and have

to find a way to survive

I’m Fatouma. When I left my village I was still in school. In this camp I was able to finish my education and find

employment.

Gender

Ethnicity

Displacement

Age

Insecurity

Poverty

Disability

Lack of law and order

My name is Anne. When I fled I found myself without any support, so I ended working as a prostitute.

I’m HIV positive.

I’m Dan and I have five kids. When the rebels forced my brother’s family out of their village, I welcomed them into my

home. They had no choice.

My name is Abdu, I manage a big shop in this village. My main customers are

people who fled from X-Town.

I am Lejila. My parents died when we escaped abroad. After we

returned I found a job as a cleaner. I have a child.

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Who are IDPs with specific needs?

Somaliland’s 2016 policy on IDPs describes people who “require particular attention on account of their specific needs compared to

others. Persons with specific needs/vulnerable persons are physically, mentally or socially disadvantaged persons who may be unable to

meet their basic needs and may therefore require specific assistance, i.e. children at risk, child headed families, UASC, elderly at risk,

women at risk, persons with serious medical conditions … including those with disabilities or persons living with HIV/AIDS, survivors of

SGBV, members of minority groups, pastoralists and the marginalized, those with legal and physical protection needs, among others.”

(UASC = Unaccompanied asylum-seeking children)

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Why do we need a special

category …

… but not a legal

status?

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Definition of an IDP in laws and policies

Should mirror the international definition Should refer to all possible causes Should not result in discrimination or

unequal treatment Should include measures to be taken to

address specific needs among IDPs and other people affected by displacement