Internally Displaced Persons (IDPs)

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 1 HA  Issue 3/10 08 September 2010  AFGHANISTAN   Humanitarian Assistance Internally Displaced Persons (IDPs) September 2010 Erin Foster Humanitarian Assistance and Social Well-Being Knowledge Manager ([email protected] ) (www.cimicweb.org ) The purpose of this paper is to provide a brief examination of situation for internally displaced persons (IDPs) in Afghanistan. More comprehensive information is available at www.cimicweb.org. 1  Hyperlinks to original source material are highlighted in blue and underlined in the embedded text. O, CLICK HERE  According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) Guiding Principles on Internal Displacement 2 , internally displaced persons (IDPs) may be defined as: ”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.”  The history of internal displacement in Afghanistan falls into six phases as outlined by the Brookings Institute: Phase 1 (1978-1988) refugee outflow after the Saur Revolution Phase 2 (1989-1995) internal and international displacement and refugee return following Soviet withdrawal and mujahideen power struggle Phase 3 (1996-2001) refugee return and internal and in ternational displacement during the rule of the Taliban 3  Phase 4 (2001-2001) internal and international displacement during the fall of the Taliban Phase 5 (2002-2004) return of refugees and IDPs Phase 6 (2004-Present) new internal displacement and displacement of returnees following a surge in violence and lack of respect for humanitarian principles 1 A Cimicweb user account is required to access some of the links in this document.  2 UN Guiding Principles on Internal Displacement, second edition, 2004 3 After the fall of the Taliban in 2001 the United Nations High Commissioner for Refugees (UNHCR)  estimates 1.2 million people were left displaced in Afghanistan. TO RATE OR COMMENT ON THIS PUBLICATION, CLICK HERE 

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HA  Issue 3/10  08 September 2010 

 AFGHANISTAN  –  Humanitarian Assistance

Internally Displaced Persons (IDPs)September 2010

Erin Foster – Humanitarian Assistance and Social Well-Being Knowledge Manager([email protected]

(www.cimicweb.org) 

The purpose of this paper is to provide a brief examination of situation for internally displaced persons (IDPs) in Afghanistan. More comprehensive information is available at 

www.cimicweb.org.1 

 Hyperlinks to original source material are highlighted in blue and underlined in the embedded text.

O, CLICK HERE   According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA)Guiding Principles on Internal Displacement2, internally displaced persons (IDPs) may be

defined as:”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.”  

The history of internal displacement in Afghanistan falls into six phases  as outlined by theBrookings Institute:

Phase 1 (1978-1988) refugee outflow after the Saur Revolution Phase 2 (1989-1995) internal and international displacement and refugee returnfollowing Soviet withdrawal and mujahideen power strugglePhase 3 (1996-2001) refugee return and internal and international displacement duringthe rule of the Taliban3 

Phase 4 (2001-2001) internal and international displacement during the fall of the

TalibanPhase 5 (2002-2004) return of refugees and IDPsPhase 6 (2004-Present) new internal displacement and displacement of returneesfollowing a surge in violence and lack of respect for humanitarian principles

1 A Cimicweb user account is required to access some of the links in this document. 2

UN Guiding Principles on Internal Displacement, second edition, 20043

After the fall of the Taliban in 2001 the United Nations High Commissioner for Refugees (UNHCR) estimates 1.2 million people

were left displaced in Afghanistan. 

TO RATE OR COMMENT ON THIS PUBLICATION, CLICK HERE 

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The UN Guiding Principles  onInternal Displacement state

that IDPs have a right to a “durable solution” to their

displacement (Principle 28)and that it is the responsibilityof the state to ensure theirprotection.The Inter-Agency StandingCommittee Framework   onDurable Solutions for IDPsconsiders a durable solution forIDPs to be when they “no

longer have any specificassistance and protectionneeds that are linked to theirdisplacement and can enjoytheir human rights withoutdiscrimination on account of their displacement.”  There is a broad range of literature4 relating to the protection of IDPs

worldwide. The Global Protection Cluster Working Group  produced a revised version  of the  „Handbook for the Protection of Internally Displaced Persons‟ in 2010 to provide operationalguidance and tools for those putting legal requirements and frameworks into practice duringdisplacements caused by conflict related or natural disaster. Though states have the primaryresponsibility for providing protection for IDPs, international and national organisations often

support their efforts.

Source: Handbook for the Protection of Internally Displaced Persons  

4The UN Inter Agency Standing Committee Protection Cluster Working Group and Early Recovery Cluster Working Group produced

an assessment framework  for conflict-induced IDPs entitled „Protection of Conflict-induced IDPs: Assessment for Action.‟  

National responsibility in situations of internal displacement

In addition to ensuring the protection of rights in accordance with international law, nationalresponsibility in situations of internal displacement entails:1. Preventing displacement and minimising its adverse effects

2. Raising national awareness about the problem3. Collecting data on the number and condition of IDPs4. Supporting training on the rights of IDPs

5. Creating a legal framework upholding the rights of IDPs6. Developing a national policy on internal displacement

7. Designating an institutional focal point on IDPs8. Encouraging national human rights institutions to address internal displacement9. Ensuring that IDPs participate in decision making

10. Supporting durable solutions11. Allocating adequate resources to address internal displacement

12. Cooperating with the international community when national capacity is insufficient.

 An IDP settlement in Afghanistan circa 2002.© IOM 2002 - MAF0156 (Photo: Jeff Labovitz)

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Tools and resources available to government officials tasked with developing policies on internaldisplacement include:

Incorporating the Guiding Principles on Internal Displacement into Domestic Law:   Issues 

and Challenges , 2010, The American Society of International Law and The Brookings Institution-

University of Bern Project on Internal Displacement.

Protecting Internally Displaced Persons :    A Manual for Law and Policymakers , October 2008,

Brookings-Bern Project

IASC Framework   on Durable Solutions for Internally Displaced Persons, February 2010, Human

Rights Council

Guiding Principles on Internal Displacement , September 2004, United Nations Office for the

Coordination of Humanitarian Assistance (OCHA)

Providing IDPs and returning refugees with access to land and resolving historical landownership issues is one of the keys to achieving a durable solution to displacement in

  Afghanistan. As part of this effort, the Norwegian Refugee Council in partnership with theUnited Nations High Commissioner for Refugees (UNHCR ) and the Ministry of Refugees andRepatriation (MoRR) developed „A  Guide to Property Law in Afghanistan‟ in 2005 for the benefitof those working in public office and/or the judicial system. The guide provides acomprehensive outline of the main property laws from the 2004 Constitution and explains thelegal framework while highlighting the international laws applicable to Afghanistan.

Furthermore, the Consultative Group on Returnees, Refugees and IDPs endorsed a NationalPolicy in 2005 placing more emphasis on durable solutions for IDPs in accordance with theGuiding Principles.

  As part of the national response to the needs of IDPs, the Afghan government included astrategy dedicated to refugees, returnees and IDPs within the Afghanistan NationalDevelopment Strategy ( ANDS) 2008-2013. The ob  jective is to “facilitate the planned andvoluntary return of refugees and IDPs and the reintegration of returnees and IDPs into society.” Specific actions to be taken by the Afghan government according to ANDS include: maintainingframeworks to manage repatriations; provision of housing, facilities and social services toreturnees; and enhancement of government capacity to encourage voluntary returns.

In April 2008, the UN Humanitarian Coordinator introduced the „Cluster System‟ into Afghanistan. As part of the Protection Cluster, a National IDP Task Force was established, co-chaired by the MoRR and UNHCR. The task force focuses on achieving a coordinated responseto the needs of IDPs in Afghanistan. Members of the task force also include the AfghanIndependent Human Rights Commission ( AIHRC), and interested government/donororganisations.

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UNHCR produced the National Profile of Internally Displaced Persons (IDPs) in Afghanistan in2008 as part of the National IDP Task Force. At the time of the report 235,833 IDPs were

identified in Afghanistan. Some were displaced by conflict in the period prior to and after the fallof the Taliban in 2001; others in the 1990s as a result of drought affecting the nomadic Kuchicommunity. Also among them were Afghan refugees returning from Pakistan or Iran unable toreturn to their places of origin and those displaced since 2002 as a result of conflict.

The 2008 Profile of IDPs also indicated an increasing trend in what is termed  “battle-affected” individuals and families - those affected by conflict between ISAF coalition forces and anti-government organisations. These persons are difficult to identify due to their presence in activeconflict areas and becausetheir displacement is oftenshort-term. There could also

be an increase in the numberof IDPs in Afghanistan as aresult of drought and othernatural disasters; land andresource disputes; andbecause returning refugeesneed to resettle outside theirplaces of origin due to securityconcerns. More recently, inMarch 2010, UNHCR  estimated that a total of 55,053 familiesor 319,316 individuals can be

identified as IDPs in  Afghanistan. According tothese UNHCR statistics,Helmand province had thehighest number of IDPs recorded (70,676) followed by Nangahar (58,060) and Herat (49,455).However, in August 2010 UNHCR reported more than 100,000 Afghan refugees have returnedto Afghanistan in 2010.

In July 2010, the Afghanistan Protection Cluster developed a report outlining „IDP ProtectionResponses by Sector‟ and an „IDP Protection Checklist  for both natural disaster and conflictinduced displacement. The report provides a set of IDP-related questions in 235 different areas

for organisations to answer in order to better formulate a protection response. The basicprotection checklist outlines four broad categories of internal displacement: armed conflictdisplacement, displacement caused by persecution or other forms of violence, natural disaster

5The 23 areas affecting IDPs are: demographic profile, public perceptions, causes of displacement, prevention of displacement,

protection risks during flight, institutional protection framework, partnerships, protection from effects of armed conflict, securityfrom violence and exploitation, right to family life, gender-based, violence, child labour, persons with disabilities and older persons,equality before the law, access to the national justice system, alternative dispute resolution systems, detention, participation inpublic life, right to food, water and housing, right to health care and hygiene education, education, right to work and right tohousing, land and property.

IDP children play at a camp in Sar-e Pul province.© United Nations Assistance Mission in Af hanistan 2010

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displacement, and protracted displacement (where displacement has occurred before December2002).

Meanwhile, the Protection Cluster 2010 Work Plan  includes a section dedicated to internaldisplacement drafted by the National IDP Task Force, with their objectives as follows: (i)provide a comprehensive overview of the number, profile, location, cause of displacement aswell as protection and assistance needs of IDPs; (ii) coordinate responses to protection andassistance needs of IDPs; (iii) facilitate the search for durable solutions for IDPs; (iv) strengthenthe capacity of the government of Afghanistan for the protection of IDPs; and (v) formulate anend of year evaluation.

The Afghanistan IndependentHuman Rights Commission‟sDecember 2009  „Report  on the

Situation of Economic and SocialRights in Afghanistan  –  IV‟ makes reference to the situationof Afghan IDPs. For many IDPs,insecurity, as well as a lack of economic opportunities andhomelessness, prevents themfrom returning to their homes.Furthermore, as a result of thepast three decades of conflict in

  Afghanistan, there are oftenseveral property claims made

for the same piece of land,creating further complicationsfor returnees.

The situation for Afghan IDPs was further documented in a 2010 report  by the InternalDisplacement Monitoring Centre (IDMC) and the Norwegian Refugee Council (NRC) focusing oninternal displacement as a result of conflict in Afghanistan. The findings underline the difficulty

 Afghan IDPs face in accessing basic services, legal protection (including land rights and accessto land), and opportunities for work and education. The report also highlights the vulnerabilityof female displaced heads of household, who struggle with even fewer economic opportunitiesand social benefits than their male counterparts. According to OCHA , the vulnerability of IDPs is

often a result of their loss of family ties, the inability to earn income, and their lack of access toa supportive structure during times of hardship. IDPs also face prolonged periods of danger,and they are frequently susceptible to discrimination and abuse, while a lack of security orphysical access during natural disasters makes the humanitarian response by all actors asignificant challenge.

 Afghanistan has seen various phases of internal displacement as a result of the thirty years of conflict and regime change affecting the country. International guidelines and legal instrumentsexist to ensure the protection of these people, who remain vulnerable to abuse and often

Recent flash floods displace people from their homes.© United Nations Assistance Mission in Afghanistan 2010

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endure prolonged suffering. Afghanistan does have various strategies, a task force and agovernment ministry (MoRR) dedicated to IDPs, though the ability for humanitarian assistance

to reach those most at risk is complicated by ongoing conflict and the targeting of humanitarianworkers by insurgents and socio-economic difficulties affecting reintegration. It is now up to theMoRR and National IDP Task Force to define the path for durable solutions as the humanitariancommunity seeks to meet the needs of hundreds of thousands of individuals across

 Afghanistan.

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