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Framework on Durable Solutions for Internally Displaced Persons. An Application to the Philippine Disaster Response UNHCR Manila Protection Cluster. Humanitarian Country Team. The Philippine context.
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Framework on Durable Solutions for Internally Displaced Persons An Application to the Philippine Disaster Response UNHCR Manila Protection Cluster Humanitarian Country Team
The Philippine context • Typhoons Ondoy, Pepeng and Santi successively struck the Philippines in the fourth quarter of last year • Floods and landslides affected 9.4 million persons and left 1,080 casualties • 700,000 persons were internally displaced and thousands of families affected • What happens to internally displaced and affected persons now?
The road to recovery • Displacement is a life-changing event. • While the often traumatic experience of displacement cannot be undone, IDPs need to be able to resume normal life by achieving a durable solution. • Leaving IDPs in continued marginalization without prospect of a durable solution may become an obstacle to long-term peace, stability, recovery and reconstruction in post-crisis countries. • A person should not remain an IDP forever. Displacement shall last no longer than required by the circumstances. (GP)
Finding answers and solutions The Framework on Durable Solutions for IDPs What is a Durable Solution? Key Principles Rights-Based Approach Criteria for Evaluation
What is a Durable Solution? • Achieved when former IDPs no longer have specific assistance and protection needs that are linked to their displacement and such persons can enjoy their HUMAN RIGHTS without discrimination resulting from their displacement. • Mere physical or forced movement, namely return to home or habitual residence, moving to another part of country or choosing to integrate locally often does not amount to durable solution either.
A durable solution can be achieved through… Sustainable local integration in areas where IDPs take refuge Sustainable reintegration at the place of origin Return Local Integration Durable Solution Text Re- settlement Sustainable integration in another part of the country
A durable solution can be achieved through… • Voluntaryrepatriation or return • Local integration • Resettlement
Key standards for durable solutions Non Discrimination Voluntariness Safety Dignity When does displacement end? An IDP is no longer an “IDP” when he/she forms a part of the community and is not distinguished from that community for any reason related to the person’s former status as displaced person. Defining durable: The process of (re)integration: the re-entry of IDPs back into the social, economic, cultural and political fabric of their original or new community.
Key standards for durable solutions Non Discrimination Voluntariness Safety Dignity • Freedom of movement and choice of residence (Guiding Principle or GP 14) • Components: • Freedom of choice: Push and pull factors • Informed decision • Prohibition of forced return (GP 15) • Components: • Physical safety • Legal safety • Material safety • Both on route and in return • Unconditional return • At their own pace • Not manhandled • No arbitrary family separation • Respect for human rights • Equal access to public services • Ability to participate in communal decision making • No discriminatory practice towards vulnerable groups • Equal benefit to community of return
Search for DS as a process and key principles in the search Gradual, often long-term Complex Requiring coordination and timely engagement DURABLE SOLUTIONS • Primary responsibility assumed by national authorities and international humanitarian and development actors are complementary • Rapid and unimpeded access to humanitarian and development actors • Needs, rights and legitimate interests of IDPs as primary considerations • IDP’s choice, in absence of option to return, not regarded as renunciation of right to return when feasible
Search for DS as a process and key principles in the search Gradual, often long-term Complex Requiring coordination and timely engagement DURABLE SOLUTIONS • IDPs encouraged or compelled to return or relocate to areas where life, safety, liberty or health would be at risk under NO circumstances • IDPs not subjected to discrimination for reasons related to displacement • Populations and communities that (re-)integrate IDPs, and whose needs may be comparable, not neglected in comparison to IDPs • IDPs who have achieved DS continue to be protected by IHRL, and where applicable, IHL
DS as a process with IDPs at the centre in a RBA Access to effective monitoring mechanisms Peace process and building involvement and reinforce DS (DRR) Access to humanitarian and development actors IDPs Rights-Based Approach Participation in planning and management Voluntary and informed choice These five objectives are derived from the rights and responsibilities set out in the key principles in search for DS. See section in the document for specifics.