TRAINING WORKSHOP ON DURABLE SOLUTIONS

1. TRAINING WORKSHOP ON DURABLE SOLUTIONS

2. MODULE 2: DURABLE SOLUTIONS LEGAL FOUNDATIONS

3. LEARNING OBJECTIVES • Acquire a better knowledge of the main international, regional, and legal foundations underpinning the concept of durable solutions • Assess the national legal environment with regards to durable solutions for IDPs and returnees in Baidoa

4. RECAP: DURABLE SOLUTIONS – DEFINITION When displaced persons “no longer have any specific assistance and protection needs linked to their displacement and can enjoy their rights without discrimination on account of their displacement”. • Displaced persons’ rights, not only their needs • Displaced persons are to be considered as rights holders and authorities as duty-bearers • Non discrimination at the heart of the durable solutions

5. WHAT RIGHTS? • International law, including human rights law and humanitarian law – • Table developed by former Special Rapporteur on the Human Rights of IDPs (For IDPs)

6. DISPLACEMENT AND DURABLE SOLUTIONS LEGAL FOUNDATIONS PRIMARY RESPONSIBILITY OF NATIONAL AUTHORITIES

7. 3 principles at the centre of settlement processes

8. Durable Solutions in IDP specificinternational frameworks Principles 28, 29 & 30 of the Guiding Principles 1998: • Section V Related to return, resettlement and reintegration for IDPs Art. 5 ICGLR Protocol on the Protection & Assistance to IDPs 2006: • States undertake to return and reintegrate, or resettle IDPs with respect to development induced displacement as per the Guiding Principles Art. 11 AU Convention on Protection and Assistance to IDPs (Kampala Convention) 2009: • Obligation to states to create “satisfactory conditions” on sustainable return, local integration or relocation

9. Domesticating the Kampala Convention: Successes and Challenges to Implementation

10. NATIONAL DURABLE SOLUTIONS LEGAL ENVIRONMENTS • National laws and policies govern displaced persons’ access to their rights and potential progress toward self-reliance and durable solutions • Legal and policy frameworks contribute to the “enabling” environment for the implementation of long term durable solutions programmes • Durable solutions principles are most effectively applied using a human rights lens: only by respecting general human rights standards durable solutions can be achieved in a voluntary, safe and dignified way • National legal frameworks related to the protection and assistance of IDPs and refugees are a key component of the durable solutions environment to be assessed while planning for durable solutions

11. National Development Plan (2017 - 2019) • Overall objective: To reverse the trend of protracted displacement and substantially reduce the number of IDPs in such displacement by facilitating and supporting durable solutions that bring them back into mainstream life and address underlying causes of their displacement and its protractedness. • In order to obtain that, under this National Development Plan, the following strategic objectives are pursued for 2017 to 2019. • Strategic objective 1: To protect, respect and ensure the social, economic, cultural, political and civil rights of IDPs and refugee returnees reversing social marginalization and displacement-related discrimination through enhanced governance and rule of law ensuring access to relevant offices and justice mechanisms at district, municipal, state and federal levels. • Strategic objective 2: To create opportunities for IDPs and refugee returnees to participate in public affairs and most importantly in decision-making pertaining to their own future, such as local and urban development processes, and remove obstacles to such participation. • Strategic objective 3: To systematically enhance the absorption capacity of basic services for IDPs and returning refugees, enhance access to affordable housing and land as well as to vocational skill and professional development and facilitate and diversify access to employment sectors and labour market.

12. NDP Résilience Pillar – Chapter 9 • “Chapter is about moving from a reactive approach to a proactive one…resilience is the will to survive and for a person to claim his/her rights as members of just and equitable society.” • Priority progress areas of the Chapter: boosting of resilience of the economy to withstand future shocks; acceleration of development via inclusion of youth, displaced, returnees and diaspora; independence of the extremely poor • Thematic areas included: • Durable solutions (reintegration of the displaced and returnees) • Migration (safe management of tahriband return) • Diaspora (remittances, knowledge transfer and investment) • Disaster management (preparedness and response) • Climate change and environment (natural resource & urban environment) • Social protection (poverty reduction, employment for the youth) • Food and nutrition security

13. NDP Résilience Pillar – Chapter 9 • A Resilience Pillar Working Group established co-chaired by the Ministry of Humanitarian Affairs and Disaster Management (MoHADM), Ministry of Agriculture and an international partner (EU): • 3 sub-working groups also established to contribute to the outcomes of the Resilience Pillar Working Group: • Migration, Displacement and Durable Solutions • Food Security, Nutrition and social protection • Disaster preparedness, environment protection and climate change • The sub-working groups will provide a platform for members to exchange information, communicate key developments in the sector and consolidate information on the sectors to be shared with the main Resilience Pillar Working Group

14. Draft National Policy for RefugeeReturnees & IDPs • Policy aims to ensure that all IDPs and refugee returnees enjoy the full equality and obtain the same rights that the National Constitution, all other laws of Somalia as well as international human rights laws gives them as citizens • Policy was the outcome of a National Forum on Durable Solutions for Refugees, Returnees and IDPs convened by Ministry of Interior and NCRI (Aug 2017) • Policy aligns its provisions to the UN Guiding Principles and the Kampala Convention (prevention of displacement; assistance to DACs during and after displacement; multi-sectoral and mult-actor response) • Proposes for the establishment of an Interministerial task force (federal and member states) which supports concept of whole of government approach towards supporting and assisting displacement-affected communities

15. Objectives • Overall objective of the policy frameworkis to provide: • A joint and coherent basis for all relevant actors in order to secure a predictable, systematic, coordinated and principled approach to displacement situations in Somalia by • Responsibility: Affirming and institutionalizing the primary responsibility of the Federal Government of Somalia and responsibilities of other actors; • Definitions: Clarifying definitions; • Common ground: Providing a common basis and policy guidance to facilitate activities aimed at: • preventing new displacement or secondary displacement of returning refugees, • responding to displacement, • improving living conditions and asserting rights, • and to overcome protracted displacement by identifying policy benchmarks and measures to create conditions conducive to solutions for IDPs and returning refugees.

16. Scope and Parameters of Policy Framework • Recognizes all causes of internal displacement in Somalia, including armed conflict, insecurity, clan-based violence, natural disasters and climate change impacts, or evictions. • Applies to internally displaced persons and returning refugees and where applicable to other displacement-affected communities. • Recognizes the various patterns of internal displacement requiring a diversity of solutions and will be applied to all IDPs, including returning refugees, without adverse distinction; • Recognizes that joint and robust efforts by humanitarian, development, human rights and peacebuilding actors are required to address the complexity of the displacement situation in Somalia.

17. Definitions • Defines IDPs in the Somalia context: • Internally displaced persons (IDPs) are: • Persons or groups of persons who have been forced or obliged 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, clan-based or other forms of generalized violence and insecurity, violations of human rights of natural or human-made disasters, and who have not crossed an internationally recognized state border; • Persons or groups of persons 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; • 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. • Returning refugees, including deportees, who suffer of secondary internal displacement upon return or who find themselves in a protracted situation similar to IDPs due to their inability to return to their former homes or places of habitual residence are also covered by this policy framework without prejudice to international agreements and plans applicable to their situation; • Persons falling under categories a and b qualify as IDPs regardless of whether they stay in identified IDP sites, live in urban areas together with non-displaced communities or with host families, irrespective of the cause and duration of displacement and their clan and origin.

18. ASSESSEMENT OF NATIONAL LEGAL ENVIRONMENT FOR DURABLE SOLUTIONS