Guiding Principles on Internal Displacement
Introduction: Scope and Purpose
1. These guidelines address the special needs of internally displaced persons worldwide. These principles define rights and safeguards relevant to the protection, protection and assistance of persons against forced displacement during displacement, return, resettlement and reintegration.
2. For the purpose of these principles, IDPs mean persons or groups of persons forced or forced to flee or leave their homes or places of habitual residence, in particular as a result of or in an effort to avoid the effects of an armed conflict, general violence, human rights violations, natural disasters or man-made disasters and have not crossed the States recognized international borders.
3. These principles are inspired and are consistent with international human rights and humanitarian law. The principles aim to guide:
(a) The Representative of the Secretary-General on internally displaced persons in the discharge of his mandate;
(b) States when confronted by the phenomenon of internal displacement;
(c) Other authorities, groups and persons in their relations with internally displaced persons; And
(d) Intergovernmental and non-governmental organizations in addressing the problem of internal displacement.
These guidelines should be disseminated and applied as widely as possible.
Section I. General principles
Principle 1
Internally displaced persons in their country enjoy, on full equality, the same rights and freedoms as other persons in the country under international and domestic law. They must not be discriminated against in the enjoyment of any of these rights and freedoms on the grounds that they are internally displaced.
These principles are without prejudice to individuals criminal responsibility under international law, particularly in relation to the crime of genocide, crimes against humanity and war crimes.
Principle 2
1. These principles shall take into account all authorities, groups and persons regardless of their legal status and shall be applied without any inconsistent discrimination. Adherence to these principles does not affect the legal status of any authorities, groups or persons concerned.
2. These principles may not be interpreted as limiting, modifying or derogating from the provisions of any international human rights or humanitarian law instrument or the rights conferred upon persons under domestic law. In particular, these principles are without prejudice to the right to seek or enjoy asylum in other countries.
Principle 3
1. It is primarily the duty and responsibility of national authorities to provide protection and humanitarian assistance to internally displaced persons within their jurisdiction.
2. Internally displaced persons have the right to request and receive protection and humanitarian assistance from these authorities. They may not be persecuted or punished for making such an application.
Principle 4
1. These principles shall apply without discrimination of any kind, whether on grounds of race, colour, sex, language, religion, belief, political or other opinion, national, ethnic or social origin, legal or social status, age, disability, property, birth or any other similar criterion.
2. Some internally displaced persons, such as children, in particular unaccompanied minors, pregnant mothers, mothers with young children, female family members, disabled persons and older persons, are entitled to the protection and assistance required by their conditions and the treatment required by their special needs.
Section II. Principles for protection from displacement
Principle 5
All relevant international authorities and parties must respect and ensure respect for their obligations under international law, including human rights and humanitarian law, in all circumstances, in order to prevent and avoid any situations that could lead to the displacement of persons.
Principle 6
1. Everyone has the right to protection against arbitrary displacement from ones home or habitual residence.
2. Arbitrary displacement is prohibited in the following circumstances:
(a) When it is based on policies of apartheid, racial cleansing or similar practices aimed at or leading to a change in the ethnic, religious or racial composition of the affected population;
(b) In situations of armed conflict, unless required by the security of the civilians concerned or necessitated by military reasons;
(c) In cases of large-scale development projects that are not justified by the publics best and predominant interest;
(d) In the event of disasters, unless it is necessary to evacuate affected persons for their safety and health; and
(h) When used as a tool for collective punishment.
Displacement may not last longer than circumstances require.
Principle 7
1. Before taking any decision to displace persons, the authorities concerned should explore all possible alternatives to avoid displacement altogether. If there are no alternatives, all measures are taken to minimize displacement and its adverse effects.
2. The authorities engaged in such displacement should ensure, to the maximum extent practicable, that such displaced persons are provided with adequate shelter and are displaced in conditions of satisfactory safety, nutrition, health and hygiene and that family members are not dispersed.
3. If displacement occurs in situations other than emergencies, armed conflicts and disasters, the following safeguards must be met:
(a) The authorities of the State having legal authority shall make a specific decision to order the requested measures;
(b) Adequate measures shall be taken to ensure that those to be displaced are provided with all information on the causes and procedures for displacement, compensation and resettlement, as appropriate;
(c) To seek the free and informed consent of those who are to be displaced;
(d) The relevant authorities shall involve those affected, in particular women, in the planning and management of resettlement operations;
(h) Law enforcement action shall be taken by the competent legal authorities, as appropriate;
(f) The right of persons to seek effective remedies is respected, including the submission of decisions concerning them to the competent judicial authorities for review.
Principle 8
Displacement is not such as to violate the rights to life, dignity, liberty and security of those to whom it affects.
Principle 9
States have a special obligation to prevent the displacement of indigenous peoples, minorities, peasants, pastoralists and other groups that are particularly dependent on their lands and have a serious attachment to them.
Section III. Principles for protection during displacement
Principle 10
1. Everyones inherent right to life must be protected by law. No one may be arbitrarily deprived of his life. In particular, IDPs must be protected from:
(a) Genocide;
(b) Murder;
(c) Cases of summary or arbitrary executions; and
(d) Enforced disappearances, including abduction or detention without acknowledgement, when a person threatens or leads to death.
The threat or incitement to commit any of the aforementioned acts is prohibited.
2. Attacks or other acts of violence against internally displaced persons who do not or have ceased to participate in hostilities are prohibited in all circumstances. In particular, IDPs must be protected from:
(a) Direct or indiscriminate attacks or other acts of violence, including the establishment of areas where attacks against civilians are permitted;
(b) Starvation as a method of combat;
(c) Use them as a shield to protect military objectives from attack or to protect, assist or hinder military operations;
(d) Attacks on their camps or settlements; and
(h) the use of anti-personnel mines.
Principle 11
1. Everyone has the right to dignity and to physical, psychological and moral integrity.
2. In particular, internally displaced persons must be protected, whether or not their liberty is restricted:
(a) Rape, mutilation, torture, cruel, inhuman or degrading treatment or punishment, and any other infringement of their personal dignity, such as acts of gender-based violence, forced prostitution and any form of indecent assault;
(b) Slavery or any contemporary form of slavery, such as the marriage of girls for material exchange, sexual exploitation and child labour; and
(c) Acts of violence intended to spread terror among IDPs.
The threat or incitement to commit any of the aforementioned acts is prohibited.
Principle 12
1. Everyone has the right to liberty and security of person. No one may be arbitrarily arrested or detained.
2. To fulfil this right in the case of internally displaced persons, such persons shall not be held in or detained in a camp. If, in exceptional circumstances, such imprisonment or detention is found to be absolutely necessary, the length of time may not be prolonged as required by the circumstances.
3. Internally displaced persons must be protected from arrest and detention on discriminatory grounds by virtue of their status as displaced persons.
4. In no case may IDPs be taken hostage.
Principle 13
1. In no case shall displaced children be recruited, forced to participate in hostilities or authorized to participate.
2. Internally displaced persons must be protected from any discriminatory practices of recruitment into armed forces or groups by virtue of their status as displaced persons. In particular, any cruel, inhuman or degrading practice that forces a person to accept or punish recruitment is prohibited in all circumstances.
Principle 14
1. Every internally displaced person has the right to free movement and to choose ones residence.
2. Internally displaced persons in particular have the right to enter and leave camps or other settlements without restrictions.
Principle 15
Internally displaced persons shall:
(a) The right to seek safety elsewhere in the country;
(b) The right to leave their country;
(c) The right to seek asylum in another country;
(d) The right to be protected from forced return to any place where their life, safety, freedom and/or health are at risk, or forced settlement in that place.
Principle 16
1. All internally displaced persons have the right to know the fate and whereabouts of their missing relatives.
2. The relevant authorities shall endeavour to determine the fate and whereabouts of the internally displaced persons reported missing and shall cooperate with the relevant international organizations involved in this task. It should inform the next of kin of the investigations progress and report the findings.
3. The relevant authorities shall endeavour to receive and identify the remains of the deceased from internally displaced persons, prevent the violation of the deceaseds inviolability or representation and facilitate the return of the remains to the next of kin or provide for the burial with due respect.
4. Internally displaced persons graves must be protected and respected in all circumstances. Internally displaced persons have access to the tombs of their dead relatives.
Principle 17
1. Everyone has the right to respect for his family life.
2. To realize this right in the case of IDPs, the wishes of members of the same family who want to stay together are met.
3. Families separated by displacement must be reunited as soon as possible. All appropriate steps were being taken to accelerate such families reunification, particularly in the case of children. The responsible authorities facilitate family members queries and encourage and cooperate with humanitarian organizations seeking family reunification.
4. Members of internally displaced families whose personal liberty has been restricted by imprisonment or detention in camps have the right to remain together.
Principle 18
1. All internally displaced persons have the right to an adequate standard of living.
2. The competent authorities shall provide to internally displaced persons, at a minimum, regardless of circumstances and without discrimination, the following supplies and shall ensure their safe access:
(a) Basic food and potable water;
(b) Basic shelter and housing;
(c) Appropriate clothing; and
(d) Medical services and basic sanitation.
3. Special efforts are being made to ensure womens full participation in the planning and distribution of these basic supplies.
Principle 19
1. All internally displaced persons and patients, as well as persons with disabilities, receive the medical care and care they need, to the maximum extent practicable and without significant delay and without discrimination for non-medical reasons. Psychosocial services are provided to IDPs, as needed.
2. Particular attention should be paid to womens health needs, including access to and access to health-care providers, including reproductive health-care services, as well as appropriate counselling services for victims of sexual and other abuse.
3. Special attention should be paid to the prevention of communicable and infectious diseases, including AIDS, by internally displaced persons.
Principle 20
1. Everyone has the right to recognition before the law everywhere.
2. To realize this right in the case of IDPs, the relevant authorities issue them with all the documents necessary for the enjoyment and exercise of their legal rights, including passports, identity documents, birth certificates and marriage certificates. In particular, the authorities facilitate the issue of issuing new documents or replacing documents lost due to displacement, without imposing unreasonable conditions, such as requiring a persons return to his or her habitual residence to extract such documents or other required documents.
3. Women and men, on an equal footing, have the right to extract the necessary documents and are entitled to issue them in their own names.
Principle 21
1. No one shall be arbitrarily deprived of his money or property.
2. Protection, in all circumstances, of IDPs funds and property, in particular against the following acts:
(a) Looting;
(b) Direct or indiscriminate attacks and other acts of violence;
(c) Be used as a shield for military operations or objectives;
(d) Be the object of retaliation;
(h) Their destruction or seizure as a form of collective punishment.
3. Protects funds and property left behind by IDPs from arbitrary and unlawful destruction and seizure, as well as occupation or use.
Principle 22
1. Internally displaced persons, whether or not living in camps, shall not be discriminated against by virtue of their status as displaced persons in the enjoyment of the following rights:
(a) Rights to freedom of thought, conscience, religion or belief, opinion and expression;
(b) The right to freedom to seek jobs and to participate in economic activities;
(c) The right to freedom of association and equal participation in community affairs;
(d) The right to vote and to participate in governmental and public affairs, including the right to have access to the means necessary for the exercise of this right; and
(h) The right to communicate in a language they understand.
Principle 23
1. Everyone has the right to education.
2. To realize this right in the case of IDPs, the relevant authorities shall ensure that these persons, especially displaced children, are educated and that education is free and compulsory at the primary level. Education must respect these persons cultural identity as well as their language and religion.
3. Special efforts are being made to ensure womens and girls full and equal participation in educational programmes.
4. Provide educational and training facilities for internally displaced persons, in particular young persons and women, whether living in camps or not, as soon as conditions permit.
Section IV. Principles on humanitarian assistance.
Principle 24
1. All humanitarian assistance is provided in accordance with the principles of humanity, impartiality and non-discrimination.
2. Humanitarian assistance to internally displaced persons shall not be diverted for any other purposes, in particular for political or military purposes.
Principle 25
1. It is primarily the duty and responsibility of national authorities to provide humanitarian assistance to internally displaced persons.
2. International humanitarian organizations and other stakeholders are entitled to offer their services to assist internally displaced persons. Such an offer must not be viewed as hostility or interference in the States internal affairs, but as a matter of good faith. Such an offer must not be arbitrarily withheld, especially if the authorities concerned are unable or unwilling to provide the required humanitarian assistance.
3. All relevant authorities provide and facilitate free passage of humanitarian assistance and enable persons providing such assistance to have prompt and unhindered access to internally displaced persons.
Principle 26
Respect and protection shall be ensured for persons providing humanitarian assistance and their transportation and supplies. They must not be subjected to attack or any other act of violence.
Principle 27
1. In providing assistance, international humanitarian organizations and other stakeholders should pay due attention to the protection requirements and human rights of internally displaced persons, and should take appropriate measures in this regard. In doing so, these organizations and Parties should abide by relevant international standards and codes of conduct.
2. Nothing in the preceding paragraph shall prejudice the protection responsibilities of international organizations mandated for this purpose whose services may be offered or the services requested by States.
Section V. Principles for return, resettlement and reintegration
Principle 28
1. It is primarily the duty and responsibility of the competent authorities to create conditions and provide means to enable the voluntary return of internally displaced persons, safe and honourable, to their homes or places of habitual residence or voluntary settlement elsewhere in the country. These authorities facilitate the reintegration of returning or resettled IDPs.
2. Special efforts are being made to ensure IDPs full participation in the planning and management of their return, resettlement and reintegration.
Principle 29
1. Internally displaced persons who have returned to their homes or places of habitual residence or resettled elsewhere in the country shall not be discriminated against because of their former status as displaced persons. They have the right to full and equal participation in the conduct of public affairs at all levels and to equal access to public services.
2. The competent authorities have a duty and responsibility to assist returning and/or resettled IDPs to recover their funds and property left behind or removed from them at the time of their displacement, as far as possible. If such funds and property cannot be recovered, the competent authorities shall provide appropriate compensation or other satisfaction or shall assist in their compensation or satisfaction.
Principle 30
In exercising their respective mandates, all relevant authorities provide and facilitate the rapid and unrestricted access of internally displaced persons to assist them in returning or resettling and reintegrating.
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* United Nations document E/CN.4/1998/53/Add.2, report of the Secretary-General s Rights , submitted pursuant to Commission on Human Rights resolution 1997/39.
