Guiding
Principles on Internal Displacement*/
INTRODUCTION: SCOPE AND PURPOSE
1. These Guiding
Principles address the specific needs of internally displaced persons worldwide.
They identify rights and guarantees relevant to the protection of persons from
forced displacement and to their protection and assistance during displacement
as well as during return or resettlement and reintegration.
2. For
the purposes of these Principles, internally displaced persons are 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.
3.
These Principles reflect and are consistent with international human rights law
and international humanitarian law. They provide guidance to:
(a) The
Representative of the Secretary-General on internally displaced persons in
carrying out his mandate;
(b) States
when faced with the phenomenon of internal displacement;
(c) All other
authorities, groups and persons in their relations with internally displaced
persons; and
(d)
Intergovernmental and non-governmental organizations when addressing internal
displacement.
4. These Guiding
Principles should be disseminated and applied as widely as possible.
SECTION I - GENERAL PRINCIPLES
Principle 1
1. Internally
displaced persons shall enjoy, in full equality, the same rights and freedoms
under international and domestic law as do other persons in their country.
They shall not be discriminated against in the enjoyment of any rights and
freedoms on the ground that they are internally displaced.
2. These Principles
are without prejudice to individual criminal responsibility under international
law, in particular relating to genocide, crimes against humanity and war
crimes.
Principle 2
1. These Principles
shall be observed by all authorities, groups and persons irrespective of their
legal status and applied without any adverse distinction. The observance
of these Principles shall not affect the legal status of any authorities, groups
or persons involved.
2. These Principles
shall not be interpreted as restricting, modifying or impairing the provisions
of any international human rights or international humanitarian law instrument
or rights granted to persons under domestic law. In particular, these
Principles are without prejudice to the right to seek and enjoy asylum in other
countries.
Principle 3
1. National
authorities have the primary duty and responsibility to provide protection and
humanitarian assistance to internally displaced persons within their
jurisdiction.
2. Internally
displaced persons have the right to request and to receive protection and
humanitarian assistance from these authorities. They shall not be
persecuted or punished for making such a request.
Principle 4
1. These Principles
shall be applied without discrimination of any kind, such as race, colour, sex,
language, religion or belief, political or other opinion, national, ethnic or
social origin, legal or social status, age, disability, property, birth, or on
any other similar criteria.
2. Certain
internally displaced persons, such as children, especially unaccompanied minors,
expectant mothers, mothers with young children, female heads of household,
persons with disabilities and elderly persons, shall be entitled to protection
and assistance required by their condition and to treatment which takes into
account their special needs.
SECTION II - PRINCIPLES RELATING TO PROTECTION FROM
DISPLACEMENT
Principle 5
All
authorities and international actors shall respect and ensure respect for their
obligations under international law, including human rights and humanitarian
law, in all circumstances, so as to prevent and avoid conditions that might lead
to displacement of persons.
Principle 6
1. Every human
being shall have the right to be protected against being arbitrarily displaced
from his or her home or place of habitual residence.
2. The prohibition
of arbitrary displacement includes displacement:
(a) When it
is based on policies of apartheid, "ethnic cleansing" or similar practices aimed
at/or resulting in altering the ethnic, religious or racial composition of the
affected population;
(b) In
situations of armed conflict, unless the security of the civilians involved or
imperative military reasons so demand;
(c) In cases
of large-scale development projects, which are not justified by compelling and
overriding public interests;
(d) In cases
of disasters, unless the safety and health of those affected requires their
evacuation; and
(e) When it
is used as a collective punishment.
3. Displacement
shall last no longer than required by the circumstances.
Principle 7
1. Prior to any
decision requiring the displacement of persons, the authorities concerned shall
ensure that all feasible alternatives are explored in order to avoid
displacement altogether. Where no alternatives exist, all measures shall
be taken to minimize displacement and its adverse effects.
2. The authorities
undertaking such displacement shall ensure, to the greatest practicable extent,
that proper accommodation is provided to the displaced persons, that such
displacements are effected in satisfactory conditions of safety, nutrition,
health and hygiene, and that members of the same family are not
separated.
3. If displacement
occurs in situations other than during the emergency stages of armed conflicts
and disasters, the following guarantees shall be complied with:
(a) A
specific decision shall be taken by a State authority empowered by law to order
such measures;
(b) Adequate
measures shall be taken to guarantee to those to be displaced full information
on the reasons and procedures for their displacement and, where applicable, on
compensation and relocation;
(c) The free
and informed consent of those to be displaced shall be sought;
(d) The
authorities concerned shall endeavour to involve those affected, particularly
women, in the planning and management of their relocation;
(e) Law
enforcement measures, where required, shall be carried out by competent legal
authorities; and
(f) The right
to an effective remedy, including the review of such decisions by appropriate
judicial authorities, shall be respected.
Principle 8
Displacement
shall not be carried out in a manner that violates the rights to life, dignity,
liberty and security of those affected.
Principle 9
States are
under a particular obligation to protect against the displacement of indigenous
peoples, minorities, peasants, pastoralists and other groups with a special
dependency on and attachment to their lands.
SECTION III - PRINCIPLES RELATING TO PROTECTION DURING
DISPLACEMENT
Principle 10
1. Every human
being has the inherent right to life which shall be protected by law. No
one shall be arbitrarily deprived of his or her life. Internally displaced
persons shall be protected in particular against:
(a)
Genocide;
(b)
Murder;
(c) Summary
or arbitrary executions; and
(d) Enforced
disappearances, including abduction or unacknowledged detention, threatening or
resulting in death.
Threats and
incitement to commit any of the foregoing acts shall be prohibited.
2. Attacks or other
acts of violence against internally displaced persons who do not or no longer
participate in hostilities are prohibited in all circumstances. Internally
displaced persons shall be protected, in particular, against:
(a) Direct or
indiscriminate attacks or other acts of violence, including the creation of
areas wherein attacks on civilians are permitted;
(b)
Starvation as a method of combat;
(c) Their use
to shield military objectives from attack or to shield, favour or impede
military operations;
(d) Attacks
against their camps or settlements; and
(e) The use
of anti-personnel landmines.
Principle 11
1. Every human
being has the right to dignity and physical, mental and moral integrity.
2. Internally
displaced persons, whether or not their liberty has been restricted, shall be
protected in particular against:
(a) Rape,
mutilation, torture, cruel, inhuman or degrading treatment or punishment, and
other outrages upon personal dignity, such as acts of gender-specific violence,
forced prostitution and any form of indecent assault;
(b) Slavery
or any contemporary form of slavery, such as sale into marriage, sexual
exploitation, or forced labour of children; and
(c) Acts of
violence intended to spread terror among internally displaced persons.
Threats and
incitement to commit any of the foregoing acts shall be prohibited.
Principle 12
1. Every human
being has the right to liberty and security of person. No one shall be
subjected to arbitrary arrest or detention.
2. To give effect
to this right for internally displaced persons, they shall not be interned in or
confined to a camp. If in exceptional circumstances such internment or
confinement is absolutely necessary, it shall not last longer than required by
the circumstances.
3. Internally
displaced persons shall be protected from discriminatory arrest and detention as
a result of their displacement.
4. In no case shall
internally displaced persons be taken hostage.
Principle 13
1. In no
circumstances shall displaced children be recruited nor be required or permitted
to take part in hostilities.
2. Internally
displaced persons shall be protected against discriminatory practices of
recruitment into any armed forces or groups as a result of their
displacement. In particular any cruel, inhuman or degrading practices that
compel compliance or punish non-compliance with recruitment are prohibited in
all circumstances.
Principle 14
1. Every internally
displaced person has the right to liberty of movement and freedom to choose his
or her residence.
2. In particular,
internally displaced persons have the right to move freely in and out of camps
or other settlements.
Principle 15
Internally
displaced persons have:
(a) The right
to seek safety in another part of the country;
(b) The right
to leave their country;
(c) The right
to seek asylum in another country; and
(d) The right
to be protected against forcible return to or resettlement in any place where
their life, safety, liberty and/or health would be at risk.
Principle
16
1. All internally
displaced persons have the right to know the fate and whereabouts of missing
relatives.
2. The authorities
concerned shall endeavour to establish the fate and whereabouts of internally
displaced persons reported missing, and cooperate with relevant international
organizations engaged in this task. They shall inform the next of kin on
the progress of the investigation and notify them of any result.
3. The authorities
concerned shall endeavour to collect and identify the mortal remains of those
deceased, prevent their despoliation or mutilation, and facilitate the return of
those remains to the next of kin or dispose of them respectfully.
4. Grave sites of
internally displaced persons should be protected and respected in all
circumstances. Internally displaced persons should have the right of
access to the grave sites of their deceased relatives.
Principle 17
1. Every human
being has the right to respect of his or her family life.
2. To give effect
to this right for internally displaced persons, family members who wish to
remain together shall be allowed to do so.
3. Families which
are separated by displacement should be reunited as quickly as possible.
All appropriate steps shall be taken to expedite the reunion of such families,
particularly when children are involved. The responsible authorities shall
facilitate inquiries made by family members and encourage and cooperate with the
work of humanitarian organizations engaged in the task of family
reunification.
4. Members of
internally displaced families whose personal liberty has been restricted by
internment or confinement in camps shall have the right to remain
together.
Principle 18
1. All internally
displaced persons have the right to an adequate standard of living.
2. At the minimum,
regardless of the circumstances, and without discrimination, competent
authorities shall provide internally displaced persons with and ensure safe
access to:
(a) Essential
food and potable water;
(b) Basic
shelter and housing;
(c)
Appropriate clothing; and
(d) Essential
medical services and sanitation.
3. Special efforts
should be made to ensure the full participation of women in the planning and
distribution of these basic supplies.
Principle 19
1. All wounded and
sick internally displaced persons as well as those with disabilities shall
receive to the fullest extent practicable and with the least possible delay, the
medical care and attention they require, without distinction on any grounds
other than medical ones. When necessary, internally displaced persons
shall have access to psychological and social services.
2. Special
attention should be paid to the health needs of women, including access to
female health care providers and services, such as reproductive health care, as
well as appropriate counselling for victims of sexual and other abuses.
3. Special
attention should also be given to the prevention of contagious and infectious
diseases, including AIDS, among internally displaced persons.
Principle 20
1. Every human
being has the right to recognition everywhere as a person before the law.
2. To give effect
to this right for internally displaced persons, the authorities concerned shall
issue to them all documents necessary for the enjoyment and exercise of their
legal rights, such as passports, personal identification documents, birth
certificates and marriage certificates. In particular, the authorities
shall facilitate the issuance of new documents or the replacement of documents
lost in the course of displacement, without imposing unreasonable conditions,
such as requiring the return to one's area of habitual residence in order to
obtain these or other required documents.
3. Women and men
shall have equal rights to obtain such necessary documents and shall have the
right to have such documentation issued in their own names.
Principle 21
1. No one shall be
arbitrarily deprived of property and possessions.
2. The property and
possessions of internally displaced persons shall in all circumstances be
protected, in particular, against the following acts:
(a)
Pillage;
(b) Direct or
indiscriminate attacks or other acts of violence;
(c) Being
used to shield military operations or objectives;
(d) Being
made the object of reprisal; and
(e) Being
destroyed or appropriated as a form of collective punishment.
3. Property and
possessions left behind by internally displaced persons should be protected
against destruction and arbitrary and illegal appropriation, occupation or
use.
Principle 22
1. Internally
displaced persons, whether or not they are living in camps, shall not be
discriminated against as a result of their displacement in the enjoyment of the
following rights:
(a) The
rights to freedom of thought, conscience, religion or belief, opinion and
expression;
(b) The right
to seek freely opportunities for employment and to participate in economic
activities;
(c) The right
to associate freely and participate equally 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 to exercise this right; and
(e) The right
to communicate in a language they understand.
Principle 23
1. Every human
being has the right to education.
2. To give effect
to this right for internally displaced persons, the authorities concerned shall
ensure that such persons, in particular displaced children, receive education
which shall be free and compulsory at the primary level. Education should
respect their cultural identity, language and religion.
3. Special efforts
should be made to ensure the full and equal participation of women and girls in
educational programmes.
4. Education and
training facilities shall be made available to internally displaced persons, in
particular adolescents and women, whether or not living in camps, as soon as
conditions permit.
SECTION IV - PRINCIPLES RELATING TO HUMANITARIAN
ASSISTANCE
Principle 24
1. All humanitarian
assistance shall be carried out in accordance with the principles of humanity
and impartiality and without discrimination.
2. Humanitarian
assistance to internally displaced persons shall not be diverted, in particular
for political or military reasons.
Principle 25
1. The primary duty
and responsibility for providing humanitarian assistance to internally displaced
persons lies with national authorities.
2. International
humanitarian organizations and other appropriate actors have the right to offer
their services in support of the internally displaced. Such an offer shall
not be regarded as an unfriendly act or an interference in a State's internal
affairs and shall be considered in good faith. Consent thereto shall not
be arbitrarily withheld, particularly when authorities concerned are unable or
unwilling to provide the required humanitarian assistance.
3. All authorities
concerned shall grant and facilitate the free passage of humanitarian assistance
and grant persons engaged in the provision of such assistance rapid and
unimpeded access to the internally displaced.
Principle 26
Persons
engaged in humanitarian assistance, their transport and supplies shall be
respected and protected. They shall not be the object of attack or other
acts of violence.
Principle 27
1. International
humanitarian organizations and other appropriate actors when providing
assistance should give due regard to the protection needs and human rights of
internally displaced persons and take appropriate measures in this regard.
In so doing, these organizations and actors should respect relevant
international standards and codes of conduct.
2. The preceding
paragraph is without prejudice to the protection responsibilities of
international organizations mandated for this purpose, whose services may be
offered or requested by States.
SECTION V - PRINCIPLES RELATING TO RETURN, RESETTLEMENT AND
REINTEGRATION
Principle 28
1. Competent
authorities have the primary duty and responsibility to establish conditions, as
well as provide the means, which allow internally displaced persons to return
voluntarily, in safety and with dignity, to their homes or places of habitual
residence, or to resettle voluntarily in another part of the country. Such
authorities shall endeavour to facilitate the reintegration of returned or
resettled internally displaced persons.
2. Special efforts
should be made to ensure the full participation of internally displaced persons
in the planning and management of their return or resettlement and
reintegration.
Principle 29
1. Internally
displaced persons who have returned to their homes or places of habitual
residence or who have resettled in another part of the country shall not be
discriminated against as a result of their having been displaced. They
shall have the right to participate fully and equally in public affairs at all
levels and have equal access to public services.
2. Competent
authorities have the duty and responsibility to assist returned and/or resettled
internally displaced persons to recover, to the extent possible, their property
and possessions which they left behind or were dispossessed of upon their
displacement. When recovery of such property and possessions is not
possible, competent authorities shall provide or assist these persons in
obtaining appropriate compensation or another form of just reparation.
Principle 30
All
authorities concerned shall grant and facilitate for international humanitarian
organizations and other appropriate actors, in the exercise of their respective
mandates, rapid and unimpeded access to internally displaced persons to assist
in their return or resettlement and reintegration.
*/
Extract from the document E/CN.4/1998/53/Add.2, dated 11 February 1998