Internal Forced Displacement: IDP and the Collaborative Response Legal Concepts and International Me

1
Internal Forced DisplacementIDP and the
Collaborative ResponseLegal Concepts and
International Mechanism

• Definitions and Distinctions.
• International Response The Collaborative and
  Cluster Approach.
• Applicability of the Collaborative Response to
  the Palestinian Case.
• BADIL and Internal Displacement Monitoring Centre
  (IDMC) Pilot Study on Forced Displacement as a
  Result of the Wall.

2
Who is an IDP?

• No legal or internally agreed definition of
  Internally Displaced Persons (IDP).
• The Guiding Principles on Internal Displacement
  in 1998 (Deng Principles) defines IDP as 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
What is the Difference between an IDP and a
Refugee?

• The main criteria for qualifying as an internally
  displaced person (IDP) are thus involuntary
  movement and remaining within one's national
  borders.
• Refugees are persons fleeing persecution, who
  have crossed an international border and who
  either fall within Article 1A or 1D of the 1951
  Convention relating to the Status of Refugees.
  Refugees as persons who owing to 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 or who, not
  having a nationality and being outside the
  country of his former habitual residence as a
  result of such events, is unable or, owing to
  such fear, is unwilling to return to it.

4
Internal Displacement and International Law

• The Guiding Principles on Internal Displacement
  (Deng Principles) states that displacement is
  prohibited 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.

5
Responsibility to Assist and Protect

• Responsibility to assist and protect IDPs lies
  first and foremost with national authorities in
  our case, the occupying power (Israel).
• In case where the authorities are
  unwilling/unable to meet their responsibilities,
  international humanitarian and development
  organizations have the right to offer their
  services based on protection needs and human
  rights of the displaced.
• National authorities should grant rapid and
  unimpeded access to the IDP.

6
International Response to IDP

• No single UN Agency is responsible to assist and
  protect IDPs today.
• Instead, the international community opted for a
  Collaborative Response to internal displacement
  based on coordination of all UN and other
  humanitarian agencies.
• The UN Humanitarian Coordinator is responsible
  for alerting the UN Emergency Relief Coordinator
  (OCHA) of any new or changing internal
  displacement situation and coordinating an
  inter-agency response to internal displacement at
  the field level.
• Mitigated results of the Collaborative Response.

7
International Response to IDP

• In 2005, the 'Cluster Lead' Approach was created
  allocating clear leadership roles to lead UN
  Agency for each of the sectors or clusters of the
  Collaborative Response.
• For instance, WFP is in charged of food and
  logistics WHO of health UNICEF of education and
  nutrition, water hygiene and sanitation UNDP of
  early recovery UNHCR emergency shelter and
  protection.
• There is room for flexibility in the cluster
  leadership approach it will depend of
  resources/capacity on the ground.

8
IDP Category to the OPT?

• IDP have not yet been recognised as a special
  category of concern in the occupied Palestinian
  territories.
• No UN Response to IDPs although UNRWA provides
  assistance to displaced refugees.
• New UN Humanitarian Coordinator to the OPT
  mandated to ensure a coordinated response to
  internal displacement.
• Need monitoring, studies, profiling and advocacy.

9
Who is an IDP in the OPT?

• In the OPT, people displaced during the 1967 war
  and subsequently in the course of military
  incursions can be considered IDP provided that
  they remain within the OPT. IDPs include people
  displaced as a result of
• house demolitions (e.g. Gaza Strip)
• land confiscations
• the Wall and its associated regime
• permit systems (e.g. Jordan Valley)
• Israeli settler violence/harassment

10
Pilot Study on Internal Displacement as a Result
of the Wall and its Regime

• The Wall and its Regime do generate forced
  displacement and population transfer 17 of
  persons who moved since 2002 did so as a result
  of the Wall and regime.
• Increased vulnerability to displacement 64 of
  households are thinking to change their place of
  residence.
• Affect the fabric of Palestinian society 21
  separated from relatives, 69 say the Wall an
  obstacle to the choice of spouse.
• Unsustainable coping mechanisms 79 of women and
  68 children have reduced their movement.