2018年-查塔姆研究所_The_Mandate_of_the_Special_Rapporteur_on_the_Human_Rights_of_Internally_Displaced_Persons_10页_169kb

International Law Meeting Summary - Special Rapporteur on IDPs

Core Content

This document provides a summary of the International Law Meeting held on 22 February 2012, focusing on the role and evolution of the UN Special Rapporteur on the Human Rights of Internally Displaced Persons (IDPs). The meeting highlighted the challenges and progress in protecting IDPs, the development of international and regional legal frameworks, and the implications of climate change and political tensions on displacement.

Main Points and Key Information

Establishment of the Mandate

• The UN Special Rapporteur on IDPs was established in 1992 following the end of the Cold War, as part of a broader reassessment of humanitarian responsibilities.
• The mandate aimed to address the unique challenges faced by IDPs, who are displaced within their own country and not covered by traditional refugee frameworks.
• The first Special Rapporteur, Francis M. Deng, emphasized the need to recognize IDPs as 'rights holders' under international human rights and humanitarian law.
• The 1998 Guiding Principles on Internal Displacement were developed through UN system dialogue and became accepted as international standards in 2004 by the General Assembly.

Evolution of the Mandate

• Walter Kälin (2004–2010) expanded the mandate by:
  • Developing national legal frameworks in countries like Colombia, Angola, Uganda, and Iraq.
  • Promoting operational coordination among UN agencies.
  • Engaging in political dialogue in regions with protracted displacement, such as Nagorno-Karabakh, Georgia, and South Ossetia.
• The mandate was further strengthened by regional initiatives, notably the Great Lakes Protocol (2006) and the African Union Kampala Convention (2009), which incorporated the Guiding Principles.

Current Mandate Holder: Chaloka Beyani

• Beyani has continued the work of his predecessors, focusing on:
  • Consolidating the normative framework for IDP protection.
  • Addressing climate change-induced displacement, which has become a growing concern.
  • Highlighting the gender-specific challenges faced by displaced women.
  • Recognizing that most IDPs live outside of camps, necessitating a shift in approach to support their integration into communities.

Key Challenges and Issues

• Climate Change and Displacement:

  • The Cancún Agreements (2010) acknowledged climate change as a cause of displacement.
  • Beyani emphasized the need to depoliticize the issue and to focus on human rights principles such as the precautionary principle and intergenerational equity.
  • He also highlighted the impact of rising sea levels on small island states and the need for a coordinated international response.

• Women and Displacement:

  • Despite the majority of IDPs being women, there has been a lack of thematic focus on their specific needs.
  • Beyani aims to strengthen collaboration with bodies like the Committee on the Elimination of Discrimination Against Women (CEDAW) and the Committee on the Rights of the Child (CRC).

• IDPs Living Outside of Camps:

  • Traditional approaches to IDP assistance are based on temporary camps, but most IDPs live in urban areas or with host families.
  • The Special Rapporteur advocates for a shift in mindset to support IDPs in living as normally as possible within their country.

Current IDP Situations and Special Rapporteur's Role

• The Special Rapporteur's ability to conduct missions depends on state cooperation and diplomatic engagement.
• Haiti: The Special Rapporteur plans to visit Haiti, where IDPs continue to face challenges due to:
  • Lack of government capacity to implement land ownership policies.
  • Inadequate coordination among international actors.
  • The need for a coordinated international response to improve living conditions.
• Libya: The situation remains volatile, with militia groups preventing IDPs from returning to their homes, and lack of effective governance increasing the risk of fragmentation.
• Colombia: Despite legal progress, the country still faces significant challenges due to:
  • Ongoing violent conflict.
  • Inadequate funding for land restitution programs.
  • Powerful land interests that hinder durable solutions.
• Japan and the US: Both countries experienced displacement due to environmental disasters, with Japan's response to the Fukushima nuclear incident being highlighted as a model for effective emergency action.

Conclusion

The Special Rapporteur has played a crucial role in shaping the international and regional legal frameworks for the protection of IDPs. Despite challenges related to state sovereignty, political tensions, and limited resources, the mandate continues to evolve and adapt to new realities, including climate change and urban displacement. The Special Rapporteur remains committed to promoting human rights, gender-sensitive approaches, and international cooperation to ensure the protection and assistance of IDPs worldwide.