Transcript International Normative Framework & Displacement

International Normative
Framework
ProCap
Protection Stand-By Training
Legal Architecture
International
Human Rights
Law
International
International
Humanitarian
Refugee
Law
Law
(Armed Conflict)
Guiding Principles on Internal Displacement
National Law
Human Rights Law
Founded on respect and dignity of the individual
Universal, inherent, inalienable
Key documents
Universal Declaration of Human Rights (UDHR)
International Covenant on Economic, Social, and Cultural Rights
International Covenant on Civil and Political Rights (ICCPR)
Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
Convention on the Rights of the Child (CRC)
Convention against Torture, Cruel, Inhuman and Degrading Treatment
or Punishment (CAT)
Convention on the Elimination of all forms of Racial Discrimination
Human Rights Law obliges States to:
Respect
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Not violate rights itself
Protect
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Not allow others to violate rights
Fulfil
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Take action to ensure rights are enjoyed
Enforcement – Human Rights Law
National Systems
Human rights courts, commissions dealing with
individual cases
Human rights committee, other treaty bodies, special
procedures dealing with states
“Political” enforcement…
International Humanitarian Law (IHL)
Applicable in armed conflict.
Protects those who are not or no longer taking part
in hostilities.
Restrictions on the means of warfare (weapons) and
the methods of warfare (tactics)
Binding on states and organized armed groups.
Key Documents
Geneva Conventions of 1949 and Additional Protocols 1977.
International Humanitarian Law (IHL)
Distinction:
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All parties must distinguish at all times between
civilian and military targets
Only military targets may be attacked
Indiscriminate attacks are prohibited
Proportionality:
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Civilian loss must not be disproportionate to the
definite military advantage gained
IHL: Common Article III
Considered a “treaty in miniature”
In case of armed conflict not of an international
character occurring on the territory of one of the
high contracting parties, each party to the conflict
shall be bound to apply, at a minimum, the following
provisions…
 Protection of those taking no active part in hostilities
 Prohibition of violence, murder, hostage-taking,
degradation, extra-judicial punishment of civilians or
those hors de combat
 Care of prisoners and wounded
Enforcement – IHL
National systems
International Courts (ICC, ICTY,ICTR
SCSL etc.) trying individuals
“Political” enforcement…
Other instruments
ILO Convention 182 on Elimination of Worst Forms
of Child Labor
Rome Statute of the International Criminal Court
Regional instruments
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African Charter, European Convention, American
Convention, etc.
Security Council resolutions
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1820 (Sexual violence)
1612 (Reporting of grave violations against children)
1325 (Special measure in protection of women, girls)
National legislation
IHL and Human Rights Law
Common Goal : Protection of the individual
HUMAN
RIGHTS
• Freedom of Expression
•Freedom of Assembly
•Economic, Social, and
Cultural Rights
COMPLEMENTARY
PROVISIONS
IHL
•Prohibition against Torture
• Protection of
wounded, sick and
shipwrecked
• Prohibition against Illtreatment
•Protection of POWs
and civilian internees
•Family unity
•Conduct of Hostilities
•Right to Life
• Fair Trial
Refugee Law
Specific protection regime for:
Someone who, as a result of “a well-founded fear of
being persecuted for reasons of race, religion,
nationality, membership of a particular social group,
or political opinion, is outside the country of his
nationality and is unable or owing to such fear, is
unwilling to avail himself of the protection of that
country.”
Refugee Law
Right to seek and enjoy asylum
Principle of non-refoulement
Non-discrimination – treated at least as well as any other
resident foreigner.
Freedom of movement, limited right to work.
Obligation not to engage in activities that pose a threat
to national security or public order.
Key Documents
Refugee Convention of 1951
OAU Convention of 1969, Cartagena Declaration of 1984
What is an IDP?
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 generalised violence,
 violations of human rights or
 natural or human-made disasters,
 and who have not crossed an internationally
recognised State border."
Guiding Principles
on Internal Displacement
Identify rights of IDPs
Consistent with & derived from IHL, HR
Restates relevant norms for IDPs
Delineates rights and guarantees as
relate to different phases of
displacement
Not a treaty
Guiding Principles
General principles
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Non-discrimination
Reference to IHL, HR, and domestic law
Reiterates responsibility of State
Affirms right of IDPs to request/receive protection
and assistance, in analogy to refugee law
Protection from displacement
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Prohibits arbitrary displacement
Minimize adverse effects, assure proper conditions
Guiding Principles
Protection during displacement
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Physical security
Movement-related rights
Family unit and community
Economic, social, cultural rights
Humanitarian assistance
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State responsibility
Humanitarian access and transport of supplies
Return, reintegration, resettlement
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Voluntary, in safety and dignity
Monitoring and humanitarian access
How are the principles derived?
Example, 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
Derived from:
UDHR articles 3 and 9
CCPR article 9 (1)
General
Principle 12
1) Every human being has the right to liberty and security of General
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 Applicable
To IDPs
confinement is absolutely necessary, it shall not last
longer than required by the circumstances.
3) Internally displaced persons shall be protected from
Applicable
To IDPs
4) In no case shall internally displaced persons be taken
Applicable
to IDPs
discriminatory arrest and detention as a result of their
displacement.
hostage.
Enforcement summary
National processes
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police, prosecutions, legislation, transitional
justice mechanisms, truth commissions, etc.
UN Human Rights System
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Human Rights Council, Treaty bodies, Special
Rapporteurs, UN monitoring, Security Council
International courts
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Regional courts, special tribunals, ICC
Universal Jurisdiction for war crimes
Political enforcement
National civil society pressure
Bi-lateral pressure and sanctions
International political and moral pressure
The “reputation” of a country can affect:
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Access to trade and credit
Willingness of other countries to deal with them
The reputation of an individual can cause:
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Asset freezes/Travel bans
“Disowning” internally, access to promotion etc.
Exercise
Step one: read the case study
Step two:
Identify the applicable bodies of law for Lutania and this
situation.
Identify the violations contained in the case study, in
particular referring to the Guiding Principles.
Step three:
Choose one abuse or one right that is being violated.
What responses or enforcement steps are possible to
protect this right, enforce the law, or punish the violator?
What steps could you as UN protection officers take to
implement, support or contribute to this response?