Protection Checklist

Addressing Displacement and Protection

a Collaborative Approach
Protection Checklist

Addressing Displacement and Protection

a Collaborative Approach
 Table of Contents

Foreword by the Director of International Protection, UNHCR

Headquarters 5

Joint Foreword by the Special Rapporteur and the Special

Rights of IDPs 9
Introduction 11
Background and Mandates 13

Cross-Cutting Issues 19
Practical Application Tips 20

United Nations High Commissioner

for Refugees

Cover photo: OSCE/Curtis Budden

Editor: Heather Cantin
Typesetting: Ulf Harr

This document is issued for general distribution by the Organization for

2 3
 International Protection, UNHCR
Headquarters

Unprecedented levels of persecution, human rights violations, conflict, and

generalized violence saw 45.2 million people forcibly displaced worldwide
at the end of 2012; the highest numbers since 1994. More than half of them
are persons displaced within their home country. These, however, are not
just numbers; they are boys and girls, women and men. They come from
Mandates 111 various backgrounds, and have different coping skills, which means that
Organization for Security and Co-operation in Europe (OSCE) 111 they experience the effects of conflict and displacement differently. In the
face of multiple and protracted conflicts, the ability of humanitarian actors
to respond to the individual needs of internally displaced persons (IDPs) is
being tested every day. This is particularly relevant in the context of large-
scale displacement within and across borders in every region of the globe.

Conflict and displacement in the 21st Century have affected civilians

Acronyms 119 distinctly. While solutions to end conflict take time, the humanitarian re-
sponse cannot wait. The capacity of the traditional humanitarian architec-
ture to respond, in light of the complexity and scope of new displacement
challenges, is significantly stretched. In order to ensure that protection is
delivered in a timely manner, humanitarian organizations must develop
strategic and creative partnerships.

This new Protection Checklist is one such co-ordinated effort. It keeps

people at the centre of interventions by helping to identify the protection
needs of displaced persons. By carefully setting out the mandates of various
actors, this Protection Checklist aims to build a more effective partnership
between the OSCE and humanitarian actors working for IDPs.

UNHCR and the OSCE have worked together in close consulta-

tion with the UN Special Rapporteur on the Human Rights of Internally

5
Foreword

Displaced Persons and the ICRC, in order to design a practical, protection-

driven, inter-agency co-operation for each stage of the displacement cycle
that affects civilian populations within their own countries. The Protection
Checklist also outlines practical steps for collaboration between UNHCR
and OSCE with respect to refugees.

The OSCE, as the largest regional organization, offers a welcome plat- The Organization for Security and Co-operation in Europe with 57 par-
form for dialogue. It also provides an opportunity for strategic co-operation ticipating States stretching from Vancouver to Vladivostok is not only the
with specialized agencies in the field, whilst maintaining the impartial and largest regional organization under Chapter VIII of the UN Charter; it also
neutral character of humanitarian action. The Protection Checklist focuses stands out with its comprehensive approach to security, its mandate to cov-
on field-based interaction between the OSCE and actors such as UNHCR, er all phases of the conflict cycle and its large field presence. In 2014, the
based on the complementarity of mandates, institutional expertise and ca- OSCE deployed over 2000 staff members in its field operations, many of
pacities. which include various smaller field offices in remote areas where no other
international organization is present. This extraordinary outreach in the
I would like gratefully to acknowledge the contributions of all partners OSCE area means that the OSCE might come across situations and regis-
involved in the production of this Protection Checklist. I hope that this ter developments earlier than others, including those who are specialized
collaboration will inspire and encourage organizations to work together to deal with them. This is especially true to the dynamics related to forced
to make a genuine difference in the lives of those affected by conflict and displacement, which can unravel fast. While being an instrument for early
displacement. warning and early action, the OSCE is also there to work on building peace
in the aftermath of conflict. Dealing with the consequences of forced dis-
placement during a conflict is very often a crucial aspect of post-conflict
Volker Türk rehabilitation and peacebuilding. Its comprehensive approach to security
Director of International Protection means that the OSCE is well-placed to address issues of forced displace-
UNHCR Headquarters, Geneva ment as much from a political as from an economic and environmental and
human rights perspective.

Recognizing the potential contribution the OSCE can play in address-

ing forced displacement issues in all phases of the conflict cycle and en-
couraged by OSCE Ministerial Council Decision No. 3/11 on ‘Elements of
the Conflict Cycle’, which recognizes “that the rights […] of persons at risk
of displacement or already affected by it, need to be effectively protected
in all phases of the conflict cycle”, the OSCE Conflict Prevention Centre
(CPC) has developed jointly with the United Nations High Commissioner
for Refugees (UNHCR), this Protection Checklist (PCL).

6
Foreword

This document aims to be a practical reference tool for OSCE field

staff who work on displacement issues on a daily basis or who might be Rapporteur and the Special
unexpectedly confronted with such issues. It is part of the CPC’s efforts to
enhance the operational preparedness of the OSCE and to provide field op-
erations with operational guidance and systematic knowledge. The recom- General on the Human Rights of IDPs
mendations for field staff within this Checklist are made under the caveat
that any action taken would have to be within the scope of their respective
mandates and resources. Having said this, I believe that the OSCE can make
a valuable contribution to prevent and address forced displacement in the Flight and forced displacement are among the most serious humanitarian
OSCE area, acting in close co-operation with UNHCR and other specialized and human rights challenges worldwide. They are also a sad reality in the
agencies. I invite our staff in the field as well as within the OSCE Secretariat OSCE area. Refugees and internally displaced persons have rights as en-
and the institutions to carefully study this comprehensive document and to shrined in applicable conventions. As explicitly recognized in Vilnius by
use the information and guidance provided herewith when and where ap- the 2011 OSCE Ministerial Council, these rights “need to be effectively
propriate. protected in all phases of displacement.”

I would like to thank UNHCR, the UN Special Rapporteur on the Hu- This is easier said than done. Experience shows that despite all ef-
man Rights of Internally Displaced Persons and the International Commit- forts, those forcibly displaced all too often experience violations of their
tee of the Red Cross for bringing in their knowledge and expertise to this rights. People desperately trying to reach safety within their own countries
exercise. The development of this PCL in itself is an excellent example of or across borders may be stopped or even pushed back into danger zones.
how we can achieve more by joining forces and how by co-operating and Being displaced means being at risk of acts of violence. This can be gender-
co-ordinating our work in the field, we have brought this project to life. It based; discrimination; housing that is clearly inadequate and violates basic
thus provides us with another example of best practice for inter-institution- concepts of human dignity; lack of access to education and health services;
al co-operation. or loss of property left behind without any prospect to have it restituted
or compensated. The large majority of internally displaced persons in the
OSCE area have been displaced ten or fifteen years ago or even longer. Such
Adam Kobieracki protracted displacement leaves people in limbo, without hope, and at the
Director of the Conflict Prevention Centre margins of society because efforts to find durable solutions are neglected.
Deputy Head of the OSCE Secretariat
The OSCE is not a protection agency but rather the world’s largest
regional security organization. As such, it has a genuine interest in ensur-
ing protection of people displaced by armed conflict. Failure to address the
concerns of internally displaced persons during conflict may cause frus-
tration that can be easily exploited by radical elements. Helping displaced
populations to return and reintegrate in the aftermath of a conflict can

8 9
Foreword

simultaneously address its root causes, enhance stability and strengthen Introduction
the legitimacy of the post-conflict political order. However, if the displaced
are not able to find solutions that allow them to live decently and if they,
therefore, feel that they are victims of injustice, the reconciliation process
in post-war societies may be hampered. Latent grievances can constrain The Protection Checklist is intended as a tool to be used by OSCE field
peacebuilding or even be at the core of outright rejection of a peace process staff, as well as other OSCE actors involved in a range of situations along
or agreement by displaced communities. Protecting displaced people thus the conflict cycle. While the OSCE does not have a specific protection man-
is an important contribution to restoring peace. date, experience has shown that OSCE field staff often comes across dis-
placement and protection issues in their work. As such, this tool aims to
Despite this, operationalizing protection remains a key challenge for provide guidance and increase understanding with a view to enabling field
governments, humanitarian agencies, and international or regional organi- staff to recognize relevant issues, interface where appropriate with special-
zations alike. To make protection effective, close co-operation between all ized agencies with a protection mandate and refer to these agencies any
relevant actors that build on each other’s strengths is essential. We com- displacement and protection issues encountered. This should lead to en-
mend the OSCE and UNHCR for having developed this Protection Check- hanced strategic and practical co-operation with relevant actors, including
list in close consultations with relevant partners and organizations, such the Special Rapporteur on the Human Rights of Internally Displaced Per-
as the ICRC. The checklist distinguishes itself by being very practical and sons, the United Nations High Commissioner for Refugees (UNHCR), the
clearly identifying the actions that OSCE field operations can and should Office of the High Commissioner for Human Rights, and the International
take in a given situation. Taken together, the lists of possible actions illus- Committee of the Red Cross (ICRC). Co-operation between the OSCE and
trate the huge contributions the OSCE can make to protect displaced per- the aforementioned actors on the other should be guided by humanitarian
sons effectively. principles, a spirit of solidarity, and complementarity with full respect to
the neutral, non-political and humanitarian character of the mandates of
It is our sincere hope that the Protection Checklist will be widely used humanitarian actors.
in the field and thus will strengthen the OSCE’s capacity to address present
and future displacement situations. In Vilnius in 2011, the OSCE Ministerial Council adopted a far-reach-
ing decision on the conflict cycle: OSCE Ministerial Council Decision
No. 3/11 on Elements of the conflict cycle, related to enhancing the OSCE’s
Chaloka Beyani capabilities in early warning, early action, dialogue facilitation and media-
Special Rapporteur on the human rights of internally displaced tion support, and post-conflict rehabilitation. This Decision makes, inter
persons alia, reference to displacement and protection and recognizes “that the
rights […] of persons at risk of displacement or already affected by it,
Walter Kälin need to be effectively protected in all phases of the conflict cycle”. To
Former Representative of the Secretary-General on the human strengthen OSCE capabilities in this respect, the Conflict Prevention Cen-
rights of internally displaced persons tre (CPC), developed jointly with the United Nations High Commissioner
for Refugees, this Protection Checklist (PCL). In addition to being a practi-
cal reference tool for OSCE field staff, the PCL offers support to the OSCE

10 11
Introduction

Chairmanship, participating States (pS) and OSCE institutions to further Background and Mandates
explore the nexus between the conflict cycle and displacement, in order to
facilitate synergies and enhance crisis management capacities. The PCL,
therefore, aims to contribute towards operationalizing MC Decision No.
3/11. With 57 participating States extending from Vancouver to Vladivostok, the
OSCE is the world’s largest regional security organization. It offers a fo-
rum for political negotiations and decision-making, inter alia, in the fields
of early warning, conflict prevention, crisis management and post-conflict
rehabilitation, and puts the political will of its participating States into prac-
tice through its unique network of field operations.

The OSCE has a comprehensive approach to security that encom-

passes politico-military, economic and environmental, and human di-
mension aspects. It therefore addresses a wide range of security-relat-
ed concerns, including arms control, confidence- and security-building
measures, human rights, national minorities, democratization, policing,
counter-terrorism and economic and environmental activities. At the
1999 Istanbul Summit, OSCE participating States adopted the Platform
Credit: for Co-operative Security with the goal “to strengthen the mutually rein-
forcing nature of the relationship between those organizations and institu-
tions concerned with the promotion of comprehensive security within the
OSCE area” 1. Recalling the OSCE’s role as a regional arrangement under
the Charter of the United Nations, the platform calls, inter alia, for the
strengthening of co-operation between the OSCE and the various United
Nations bodies and agencies 2.

In particular, the United Nations High Commissioner for Refu-

gees is specifically mandated under its 1950 Statute as well as under
the 1951 Convention relating to the Status of Refugees, to lead and co-
ordinate international action for the protection of and durable solutions
for refugees. UNHCR has furthermore, a specific mandate to prevent
statelessness and to protect stateless people. Also, the General Assem-

12 13
Background and Mandates Background and Mandates

bly has on several occasions recognized the special expertise of UNHCR in different ways to the mandates of both organizations and underlies the
with internally displaced persons and encouraged the Office’s involve- need for close co-operation.
ment, within certain parameters. Since the Humanitarian Reform pro-
ces 3, which called upon actors to co-ordinate their activities through The raison d’être of the International Committee of the Red Cross is
sectoral working groups, called Clusters, UNHCR has assumed the role to ensure respect, through its neutral and independent humanitarian work,
of global lead for three Clusters, i.e. the Protection Cluster; Shelter and for the lives, dignity and physical and mental well-being of victims of armed
Non-Food Items Cluster; and Camp Coordination and Camp Manage- conflict and other situations of violence. The ICRC takes action to meet the
ment Cluster (CCCM). Where the Cluster system is initiated by the UN needs of these people and in accordance with their rights and the obliga-
Country Team, UNHCR, or in specific cases another protection agency, tions incumbent upon the authorities. The ICRC’s work developed along
leads the co-ordination of humanitarian protection action in the coun- two lines. The first of these is operational, i.e. helping the victims of armed
try. The Protection Cluster brings together protection actors to address conflict and other situations of violence. The second involves developing
jointly and severally the needs of populations affected through support- and promoting international humanitarian law (IHL) 4 and humanitarian
ing effective co-ordination, providing strategic advice in humanitarian principles. A key characteristic of the ICRC is that it was given a mandate
decision-making and ensuring that the overall humanitarian response (or rather mandates) by the States party to the Geneva Conventions to help
is driven by protection priorities. victims of armed conflict. Its work is therefore firmly rooted in public in-
ternational law. The organization combines four approaches in its overall
In 1998, the OSCE and UNHCR signed a Memorandum of Under- strategy, which allow the ICRC to fulfil its purpose:
standing on enhancing co-operation. Since that time, the two organizations
have been co-operating on a wide range of conceptual and operational ac- 1. Protecting the lives and dignity of victims of armed conflict and other
tivities, also in recognition of the link between conflict and displacement. situations of violence;
Owing to the increasing complexity of conflicts, as well as post-conflict 2. Assisting victims of armed conflict and other situations of violence;
situations, activities on behalf of refugees and IDPs are relevant to the three
OSCE security dimensions. For example, resolving displacement – and pre-
venting further displacement – is linked to conflict resolution and achieving
lasting peace. At the same time, unresolved problems of forced displace-
ment may cause instability and thus threaten peace processes as well as
peacebuilding efforts. Displacement might also lead to new tensions in the
respective countries or regions concerned. Durable solutions, particularly
voluntary return, cannot be achieved as long as there is a lack of security,
property is not restored and other conditions for sustainable solutions are
not met. Thus, conflict management and addressing displacement, is linked

15
Background and Mandates

3. Directing and co-ordinating the Movement’s 5 international relief ef- Structure

forts in armed conflict and other situations of violence;
4. Endeavouring to prevent suffering by promoting, reinforcing and de-
veloping international humanitarian law and universal humanitarian
principles; Whilst it is suggested to read the Protection Checklist in its entity in order
to ensure a comprehensive overview and understanding of displacement
While UNHCR has a specific mandate focused on refugees, stateless- throughout the conflict cycle, the structure of the PCL also enables partial
ness and – under certain circumstances – internally displaced persons, the reading. In this sense, the PCL can be flexibly applied in accordance with
ICRC has a universal vocation. As described above, its work is not limited the requirements of the situational challenges of its user.
to certain places, or to certain types of people. As the work and mandates
of ICRC and UNHCR are closely linked through the conflict displacement For the purpose of the PCL, the conflict- cycle is broken-down into
nexus, close consultation and co-operation mechanisms between the two four phases:
specialized agencies are in place.
— Phase I: Early Warning and Conflict Prevention
The Protection Checklist addresses areas of common interest among — Phase II: Crisis Management in Acute and Enduring Conflict
the OSCE and relevant protection actors in the context of conflict and dis- — Phase III: Conflict Management and Resolution/Protracted Conflict
placement, with the ultimate aim of enhancing practical and strategic co- — Phase IV: Post-conflict Transition and Rehabilitation
operation. Effective co-operation among relevant actors aims to contribute
to the protection of people affected by and fleeing conflict and human rights Each phase of the conflict cycle listed above contains a set of three to
violations. In addition to this practical and field based dimension, the PCL four “Issues”. These “Issues” are organized by:
also seeks to guide political interventions, conflict settlement processes and
the development of peace agreements by systematically mainstreaming dis- — Description
placement issues into these political interventions. Hence, in addition to its — Key elements
practical and field based dimension, the PCL is also relevant to the search — What to consider and to look at
for political solutions to humanitarian and displacement problems. — OSCE action
— Recommended reading

The PCL should be read and applied by OSCE staff members in con-
junction with the mandate of their respective executive structures. Thus,
this document should not be perceived as expanding or extending the man-
dates of OSCE executive structures. For this reason, some recommenda-
tions made within the PCL might not be applicable in every case.

Note: Within this publication and unless otherwise stated, persons

of concern refer to persons whose protection and assistance needs are of

16
Structure

interest to UNHCR. It includes refugees, asylum-seekers, stateless people, Cross-Cutting Issues

internally displaced people and returnees.

The Protection Checklist includes critical protection and displacement is-

sues encountered along the conflict cycle and directly or indirectly relevant
to OSCE work. The selection of the “Issues” incorporated into the PCL
was guided by extensive field experience from different regions and dif-
ferent conflict situations, in relation to OSCE work. Therefore, the list of
“Issues” presented in the PCL is not to be considered generally exhaustive.
Instead, the PCL should be considered a living tool, which can be updated
and amended as needed. However, some issues do indeed cut across all
phases of the conflict cycle and it should, therefore, be understood that
they have to be addressed in any situation of forced displacement. Cross-
cutting issues include:

1. National responsibilities and rights

2. Gender, age and diversity
Credit: 3. Security issues
4. Confidence-Building Measures (CBMs)
5. Monitoring

While these five issues are considered relevant throughout the conflict
cycle and across all situations, for the purpose of the Protection Check-
list they were deliberately included into certain phases of the conflict cy-
cle in order to illustrate some of the practical aspects relevant for OSCE
field work. However, in order to complement this approach, these aspects
were also considered in the recommended reading materials throughout
all phases.

18 19
 Practical Application Tips

Practical Application Tips confidentiality and share sensitive information only with duly authorized
persons within the relevant agencies.

— Be aware of the potential perception your actions, activities or com-

— Stay safe and do not expose yourself or persons of concern to un- 6
ments may create. Avoid doing or saying anything that could create inse-
necessary risks or danger. curity or panic among affected persons and populations. Maintain impar-
tiality and neutrality, de facto and perceived, at all times in interaction with
— Become aware of the ‘Do No Harm’ Principle 7. different actors in the field.

— Bear in mind that a visible international presence can mitigate es- — Timely and effective information flow of your observations is criti-
calation as well as prevent human rights violations and their consequences. cally important. Ensure that information flows effectively within your ex-
OSCE field staff might be the only actors physically present at a given con- ecutive structure and within the OSCE, as well as towards relevant actors
flict situation with actual or potential displacement. in order to enable the mandated protection agencies to fully assess and ad-
dress the protection problem. Reports should contain an accurate account
— The OSCE has no explicit protection mandate, but other actors do. of the situation and issues involved based on the corroborated facts and
As such it is their responsibility to make comprehensive protection assess- information.
ments and develop comprehensive response strategies. However, these
actors may not be present at the situation/location/time but could largely — Be aware of the mandate of your respective executive structure and
benefit from your input prior to their engagement. Bearing in mind security remember that you do not have an explicit protection mandate. However,
conditions and factors of time pressure, focus on relevant key issues which OSCE structures may be mandated to carry-out specific functions related
you can then describe and refer to relevant actors. to protection aspects, as such your observations and reports can have an
important bridging function to inform specialized agencies.
— When describing and managing information or data as part of inter-
nal OSCE reporting or when referring information to specialized agencies, Recommended General Reading
be careful and discrete and use the appropriate channels of communica- — Elements of the
tion, in particular with regard to protection-sensitive information (e.g. the
whereabouts of small ethnic minorities or other groups at risk). Keep strict

Recommended Reading for Cross-Cutting Issues

—
human rights monitoring must strive to do no harm or to minimize the harm they may be

20 21
Practical Application Tips

available at:
—

—
As all conflict and displacement situations involve women, men, girls and
boys of different ages and backgrounds, an age, gender and diversity ap-
proach should always be included in all phases of the conflict cycle. There-
— fore, the three elements of gender, age and diversity are interlinked and
at: must be considered together: a sound gender analysis will always take into
account people’s age and background.
—
Each person is unique. The differences between people, whether ac-
tual or perceived, can be defining characteristics that play a central role in
determining an individual’s opportunities, capacities, needs and vulnera-
— bilities.

Gender refers to the socially constructed roles for women and men, which
are often central to the way in which people define themselves and are de-
Direct links fined by others. Gender roles are learned, changeable over time, and vari-
— able within and between cultures. Gender often defines the duties, responsi-
— http:// bilities, constraints, opportunities and privileges of women and men in any
context. Gender equality refers to the equal enjoyment of rights, responsi-
— bilities and opportunities of women, men, girls and boys. Gender equality
implies that the interests, needs and priorities of each gender are respected.

Age refers to the different stages in one’s life cycle. It is important to be

aware of where people are in their life cycle as their capacities and needs
change over time. Age influences, and can enhance or diminish, a person’s
capacity to exercise his or her rights.

Diversity refers to different values, attitudes, cultural perspectives, beliefs,

ethnic background, nationality, sexual orientation, gender identity, ability,
health, social status, skills and other specific personal characteristics. While

22 23
the age and gender dimensions are present in everyone, other characteris- most vulnerable to acts of violence. This also includes sexual and gender-
tics vary from person to person. These differences must be recognized, un- based violence (SGBV). SGBV against displaced persons, especially women
derstood and valued in each specific context and intervention in order to and children will continue unabated. While men and boys are also often
ensure protection for all people. victims/survivors of sexual violence, statistics confirm that the majority of
victims/survivors are women and girls.
Displacement situations along the conflict cycle feature frequent
change. This can include changing family and community profiles, changing SGBV is exacerbated by unequal gender relations within communities
activities and responsibilities, individual and group roles, as well as chang- of concern. It has been used as a weapon of war and as a means of exercising
ing access to and control of resources by the various members of a com- power. It has been both a cause of displacement and a terrible consequence
munity. Such changes always have a gender, age and diversity dimension. of the breakdown of family and community structures that accompanies
Attention to these changes is important as they can give rise to new vulner- displacement. It has also been perpetrated by some of the very people en-
abilities or enhance already existing vulnerabilities. trusted with the task of protecting refugees and displaced persons.

For example, throughout conflict and displacement family and com- Generally, acts of SGBV have been grouped into five categories, in-
munity structures may change, sometimes drastically. Men could be in- cluding sexual violence, physical violence, emotional and psychological vio-
volved in fighting and therefore be absent from their family and commu- lence, harmful traditional practices and socio-economic violence. It should
nity lives. This could imply more work and less protection for children, and be noted that SGBV can occur in all classes, cultures, religions, races, gen-
could force women to assume increased tasks and responsibilities. Some of der and ages.
these new tasks may expose them to new or increased risks, while others
may empower them, contribute to the development of new gender roles and
increase participation in community affairs and decision-making. With a
view to resources, when planning for return and looking into property is-
sues you may discover, for example, that property titles are in the name of Children, including adolescents, enjoy comprehensive rights under interna-
the male head of the household only. However, that individual might be tional law, yet they are often deprived of their most basic rights. Displace-
dead or absent, which may result in the inability of his wife to claim the ment exacerbates children’s exposure to neglect, exploitation, and sexual
property and impede her return. Such examples illustrate the importance of and other forms of violence and abuse. Children are at particular risk and
looking at gender, age and diversity in any conflict and displacement situa- require special attention due to their dependence on adults to survive, their
tion, in order to better understand the implications for the people affected. vulnerability to physical and psychological trauma, and their needs that
must be met to ensure normal growth and development.

In this Protection Checklist, references made to children refer to every

human being below the age of eighteen years unless, under the (national)
Refugees and internally displaced people, who do not enjoy the protec- law applicable to the child, majority is attained earlier 8.
tion of their own governments and/or face protection gaps, which can re-
sult from disintegrating family and community structures, are among those

25
 As part of armed conflict and displacement many children become Recommended reading
separated from their parents or other caregivers. Because their status is sel- —
dom immediately clear, these are referred to as separated or unaccompanied
children rather than orphans. Generally, a difference is made between sepa- July
rated children (from their parent, but accompanied by another family mem-
ber/ caregiver) and unaccompanied children (alone). Special risks to chil-
dren within (armed) conflict scenarios also include the forced or voluntary
recruitment of children within armed forces, militia and rebel groups, thus — available at: http://
exposing children to further physical and emotional harm. When working
with local security forces the need to identify child recruitment – including
on a voluntary basis – is important. —

Gender, age and diversity sensitive protection, including child and age
specific protection and protection against SGBV constitute core protection —
concerns of specialized agencies.

Credit: —

26
Phase I

Prevention

Issue 1.1: Contextual Changes and their Impact

on the Community
Description
You are in a situation of emerging tensions with changes in the political, se-
curity, socio-economic, environmental and human rights sphere. You wit-
ness sporadic security incidents with potential impact on the civilian pop-
ulation, including minority groups and/or existing displaced populations
present in the area. As a result, people, especially those facing specific risks,
may feel threatened and might start preparing to depart from their homes.

Key elements of this scenario

— Decreased freedom of movement for all or segments of the civilian
population;
— Specific political developments, as well as national and/or interna-
tional reactions;
— Incidents of general or specifically motivated violence, such as the tar-
geting of ethnic or religious minorities;
— Harassment, intimidation and coercion;
— Response by (and response capacity of ) law enforcement bodies and
the judiciary to such incidents;
— Circulation of rumours on critical issues, inflammatory statements
and/or actions by community leaders, local politicians or state officials;
— Hate speech in the media;
— Threats to life, safety and security of civilian population;
— Incidents of sexual and gender based violence (SGBV);
— Incidents of forced recruitment of adults and recruitment, forced or
voluntary, of children and young adults;

28 29
Phase I

— Presence of gangs and organized crime; — If the security situation allows, facilitate a visible field presence in plac-
— Worsening of the socio-economic situation and reduced availability es of displacement risk;
(or increased prices) of essential goods and resources; — Identify the nearest national or regional presence and possible role/
— Decreased access to public services and participation in public life by crisis involvement of relevant actors including UNHCR and ICRC and
all, or segments of, the community; liaise with them, sharing information about your situation assessments
— Worsening weather conditions resulting, for instance, in reduced ac- and possible response options;
cess to remote villages. — If the aforementioned actors are not present on-site and the situation
warrants it, ask the CPC to contact their respective liaison office in
What to consider and to look at? Vienna, or if necessary their headquarters for determining additional
There are two key features at this stage of the conflict cycle that you have to follow-up;
keep in mind. The first includes possible changes in the composition of the — If applicable and immediate protection concerns exist, liaise with in-
community’s profile in terms of sex, age, ethnic and social breakdown (i.e. ternational security providers on-site.
are women and children or members of certain ethnic groups preparing for
departure?). The second includes the actual impact of external factors (i.e. Recommended reading
food insecurity or a breakdown of public order) on individuals or particular —
groups of the community. Both changing community and family structures, available at:
as well as any external element listed above can impact very differently on —
the various members and groups of the community, leading to more risks
to or deprivation of rights among affected populations. —

9
—
— Establish baseline data on incidents and other key elements;
— Establish facts on the ground and monitor changes in the situation,
particularly with view to persons or groups with a risk profile; —
— Advocate with local/national authorities for the safety, security and
well-being of persons and groups at risk;
— Assess the situation and, if applicable, develop response options; Issue 1.2: Forced Displacement linked to Human
— Report to the CPC and, if applicable, through the Secretary General to
the Chairmanship and/or, through spot or activity reports, to all par-
ticipating States regarding protection and displacement risks;
— If national minorities are affected, liaise with the OSCE High Com- Description
missioner on National Minorities (HCNM); You observe a situation of growing human rights violations, targeted per-
secution of particular ethnic or social individuals/groups, or growing gen-
eralized violence. This – in combination with the inability or unwillingness
of authorities and security forces to restore law and order, and to effectively

30 31
Phase I

protect all citizens and residents under their jurisdiction – increases ten- — Destinations and conditions of flight routes, including possible natu-
sions and enhances the complexity of the situation. As a result, a significant- ral or deliberate blockades, checkpoints or bad road, weather and cli-
ly higher number of persons are now preparing to leave their homes or are matic conditions;
actually departing to a safer place within the country (therefore become in- — Availability of accessible alternative locations for people leaving;
ternally displaced persons or IDPs), or across an international border look- — Closed borders or discriminatory border procedures, including har-
ing for international protection (therefore becoming refugees). assment, impeding affected people from leaving the country.

Key elements of this scenario What to consider and to look at?

— General restrictions in freedom of movement, such as possible discrim- Persons and communities affected by this situation have the right to choose
ination, denying or limiting freedom of movement of certain groups whether to stay or to seek safety elsewhere and may face unknown security
willing to move, including their free choice of where/when to depart; threats in either scenario. Different population groups have varying gender,
— Availability of viable and safe means of transport; age and diversity profiles and may face different risk factors accordingly.
— Safety and security of persons staying, moving and/or relocating, tak- Stay abreast with what happens, both, with people on the move, as well as
ing into consideration gender, age and diversity issues; within communities and at locations of origin, as there might be attempts
— Risks and incidents of SGBV; to impede the future return of the displaced. Authorities have the primary
— Situations of vulnerable persons who might be unable to move, such obligation to protect people and property left behind.
as disabled, elderly or persons with special needs, as well as hospital-
ized and institutionalized persons; 10

— Destruction, occupation and/or looting of land, houses and mobile — Check nearest local/national or regional presence and possible crisis
property left behind; involvement of relevant actors including UNHCR and ICRC and es-
— Attacks on schools and/or universities, religious sites, hospitals or tablish contact. Share information about the situation and possible
medical personnel; planned response options as early as possible;
— Separation of family members and disintegration of traditional social — If the aforementioned actors are not present on-site and the situation
groups, which might result in inadequate protection of the most vul- warrants it, request the CPC to contact their respective liaison office
nerable; in Vienna or, if necessary, their headquarters to determine additional
— Physical attacks against people leaving; follow-up;
— Landmines and unexploded ordinance on exit routes; — In close co-ordination with relevant actors, including UNHCR and
— Confiscation or destruction of IDs and other important civil docu- ICRC: establish, monitor and update facts on evolving population
ments; movements and their composition, taking into consideration the size
— Restriction of access to and lack of access to essential lifesaving items, and areas of origin of the populations affected, their gender, age and
such as adequate amounts of drinking water, basic food, medicine and diversity issues, as well as the attitudes of other communities towards
clothing; the displaced population;
— Weather and climatic conditions impacting on population move-
ments, the safety of people departing, and/or on their access to goods
and supplies;

32 33
Phase I

— Assess the situation and, if applicable, develop response options; with local authorities and security providers to ensure adherence to
— Report to the CPC and, if applicable, through the Secretary General international human rights, refugee law and international humanitar-
to the Chairmanship and/or, through spot or activity reports, to all ian law;
participating States on observed possible protection and displacement — If applicable and immediate protection concerns exist, liaise with se-
risks; curity providers on-site in close co-ordination with relevant actors
— If national minorities are affected, liaise with the OSCE HCNM; including UNHCR and ICRC.
— Advise the Secretary General on whether the issue should be raised
at the Permanent Council (PC) and whether a formal early warning to Recommended reading
the PC should be given; —
— Provide advice on possible response actions to be taken by the OSCE available at:
Chairmanship, the Secretary General, the Permanent Council and/or —
the HCNM to prevent the situation from deteriorating and to address
the causes of conflict-induced displacement;
— Facilitate dialogue and/or mediate between actors on the ground to —
address root causes and/or to resolve issues possibly leading to dis-
placement situations;
— If the security situation allows, facilitate a visible field presence —
in places of population movements, in consultation with UNHCR
and ICRC; at:
— In close co-ordination with relevant actors including with UNHCR,
the Special Rapporteur on the Human Rights of Internally Displaced
Persons, and ICRC, advocate with local authorities and security Issue 1.3: Escalation and Mass Displacement
providers for the safety and security of people remaining in affected
areas, the protection of their property, as well as of the property of Description
those who have left; As a consequence of escalating conflict, growing unrest, violence, serious
— In close co-ordination with UNHCR, the Special Rapporteur on the and systematic human rights violations, international humanitarian law
Human Rights of Internally Displaced Persons, and ICRC, advocate (IHL) violations and/or other destabilizing factors, you observe complex
with local authorities and security providers for freedom of movement and large scale population movements with growing signs of hasty depar-
and the security and safety of people on the move; ture due to little time and possibility to prepare for a proper move. This is
— If applicable, establish contact with colleagues in potential receiving likely to lead to the increased vulnerability of people on the move as they
countries/areas in order to ensure appropriate co-ordination in a refu- might not be adequately prepared, lack access to essential services, per-
gee situation; sonal documentation or a clear plan on where to go and how to get there.
— Taking into account the specific mandates and responsibilities of the Displaced populations may face increasing hostilities and restricted free-
relevant agencies, co-ordinate with the Office of the High Commis- dom of movement, for instance through the establishment of military or
sioner for Human Rights (OHCHR), UNHCR and ICRC to advocate administrative check-points. They may become increasingly vulnerable to

35
Phase I

attacks, ill-treatment, threats to life and forced relocation by State or non- — Types of actors present or involved, such as undisciplined police
state actors. forces, military and security forces or non-state actors, such as mili-
tias, local rebel groups and elements linked to organized crime (e.g.
Secondary or tertiary and even multiple displacements are common drug and arms trafficking) and their possible exercise of de facto
in conflict scenarios and/or where targeted persecution may compel peo- control;
ple to flee. With each displacement, vulnerabilities tend to increase and the — Destruction, occupation and/or looting of land, houses and mobile
ability of people to cope with deterioration is likely to decrease, while risks property left behind, as well as religious sites and institutions provid-
are multiplied. ing basic social services such as schools and hospitals;
— Confiscation or destruction of IDs and other important documents
People may look for safety within their country, be displaced inter- from all or segments of the population affected;
nally several times, or cross international boundaries. The environment — Separation of family members and disintegration of traditional social
and protection-sensitive management of such border crossings is of criti- groups, which might result in inadequate protection of the most vul-
cal importance for the safety and sometimes survival of people fleeing per- nerable;
secution, human rights violations and IHL violations. Furthermore, routes — Vulnerable persons or persons with specific needs (e.g. unaccompa-
taken might be unsafe due to on-going conflicts as well as the presence of nied or separated children, single women, elderly, persons with disabil-
landmines and other unexploded ordinance. Vulnerabilities of groups with ities, pregnant women etc.) left behind or intentionally staying behind;
special needs and even incidents of SGBV are likely to increase, and the — Risks and incidents of SGBV;
property and belongings of people on the move might be at risk of pillage. — Targeting of specific groups and minorities;
You may witness signs of intentional destruction of infrastructure and pub- — Lack of access by all to essential and life-saving items, i.e. adequate
lic facilities by state or non-state actors at places of origin, in conjunction amounts of drinking water, basic food, medicine and clothing;
with targeted persecution and activities amounting to ethnic cleansing and — Availability of and access by all to humanitarian assistance;
preparations to impede future return of displaced persons or groups. — Unexploded ordinance and explosive remnants of war, in areas of dis-
placement and on flight routes, including landmines in areas of dis-
Key elements of this scenario placement, settlements and areas near or on border points;
— Willingness and capacity of the state and local authorities to effectively — Weather and climatic conditions impacting on population move-
protect all people staying behind and all displaced persons, regardless ments, the safety of people on the move, and/or on their access to
of their gender, age, diversity background; humanitarian aid;
— Freedom of movement restrictions, discrimination, denying or lim- — Directions and conditions of flight routes including existing natural or
iting freedom of movement of certain groups of persons willing to deliberate blockades, checkpoints or bad road/weather and climatic
move, including their free choice of where/when to go or to cross an conditions;
international border in search of international protection and denial — Availability of alternative locations and accommodation, including at-
of persons’ access to seek asylum; titudes of potential host communities;
— The situation of disabled or otherwise unfit persons, hospitalized and/ — Closed borders or discriminatory border procedures, including har-
or institutionalized persons or respective evacuation plans for insti- assment, impeding affected people from leaving the country.
tutions;

36
Phase I

What to consider and to look at? the PC and whether a formal early warning to the PC should be given;
In a situation of (emerging) mass displacement, the general context and en- — Provide advice on possible response action to be taken by the OSCE
vironment as well as the protection and assistance needs of displaced people Chairmanship, the Secretary General, the Permanent Council and/or
can rapidly and sometimes dramatically change. Therefore, it is important the HCNM to prevent the situation from deteriorating and to address
to closely monitor the evolving situation, security threats and enjoyment of the causes of conflict-induced displacement;
rights by the affected population groups. Ideally, you should also get first- — Facilitate dialogue and/or mediate between actors on the ground to
hand information from the displaced women and men themselves, bearing address root causes and/or to resolve issues possibly leading to dis-
in mind gender, age and diversity issues. This may help in detecting specific placement situations;
needs or protection issues of individuals or groups particularly affected and — If the security situation permits, in close co-ordination with UNHCR
thus in need of special attention. Movements across borders in such situ- and ICRC, facilitate a visible presence in places of population move-
ations might also be mixed, including fleeing civilians and armed combat- ments and at actual or potential international border crossing points;
ants. It will take particular care to manage such a scenario in a sensitive and — In consultation with UNHCR, advocate with local authorities and se-
protection oriented manner. curity providers for safe transit and full freedom of movement, with
particular emphasis on accessible and open border crossings;
11
— Establish contact with colleagues in potential receiving countries/ar-
— Ensure effective liaison with UNHCR at all levels and times needed eas in order to ensure appropriate co-ordination in a refugee situation;
with respect to persons seeking asylum across international borders; — If applicable and immediate protection concerns exist, liaise with se-
— If possible, in close consultation with actors including UNHCR and curity providers on-site in close co-ordination with relevant actors
ICRC (who may not yet be present at all critical locations), update including UNHCR and ICRC;
the profile information of the internally displaced population and stay — In line with their respective mandates and responsibilities and in close
abreast of trends in violations of rights and the main security threats. co-ordination with OHCHR, ICRC and UNHCR, advocate with local
Be aware of the different needs of the various groups of people af- authorities and security providers to ensure adherence to international
fected; human rights, humanitarian law and refugee law.
— In close co-ordination with UNHCR and ICRC, closely monitor and
update previously established facts on site and, if applicable, adapt re- Recommended reading
sponse options; —
— Report to the CPC, through the Secretary General to the Chairman- available at:
ship and, through spot and activity reports, to all participating States, —
on developments, identified human rights violations and potential se- available at:
curity implications; — and
— If national minorities are affected, liaise with the OSCE HCNM; available at:
— Advise the Secretary General on whether the issue should be raised at
—

38 39
Phase I

at:
—

available at:

Credit: OSCE/Sonya Yee

Bottom: An impediment to the return of displaced persons is the large number of houses

Credit:
 within the Country or by Crossing an International
Border
Description
There is open fighting between two or more parties to the conflict, involving
regular and/or irregular armed groups, in parts or in the entire territory of
the country. This results in de facto or de jure limitations on the ability of
civilians to move freely and safely within the country or to leave the country
by crossing an international border. Civilians trapped in-between fighting
and populations on the move can experience severe risks to life, physical
security and integrity, as well as a range of serious generalized or targeted
human rights violations. Civilians might be forced or obliged to flee or to
leave their homes or be coerced into returning or relocating elsewhere. They
might be pushed towards international borders or be hindered from cross-
ing a border either by the adverse environment or by border restrictions.
Specialized agencies are likely to be present, but may not always have the
capacity to handle all critical locations and border crossings simultaneously.

Key elements within the country

— Willingness and capacity of the state/authorities to effectively protect
people staying behind and persons on the move regardless of their
gender, age, diversity background and legal status;
— Freedom of choice by all segments of the civilian population affected
by fighting and conflict to stay, relocate or leave the country as well as
the possible security implications of their options;
— Freedom of movement restrictions, discrimination, denying or limit-
ing freedom of movement of certain groups of persons willing to move
Phase II

(i.e. young men of drafting age), including their free choice of where/ — Security situation and reception environment in the main destinations
when to go; of internal relocation, with regard to: the attitude of host communities,
— Safe and viable options for people to move: accessible and available the geographical distance from hostilities and fighting, the presence
means of transport for all persons/groups willing to move, including of regular or irregular armed groups, weather conditions, access to
disabled or otherwise unfit persons, hospitalized and other institu- food and non-food relief assistance, adequate support to persons and
tionalized persons; groups with special needs.
— Types of actors present or involved, such as undisciplined police forc-
es, military and security forces or non-state actors, such as militias, Key elements for access to border-crossings and international
local rebel groups and elements linked to organized crime (e.g. drugs protection across the border
and arms trafficking, human trafficking) and their possible exercise of — Knowledge of main border crossing points expected to be or actually
de facto control; used, including official and unofficial land border-crossing points and
— Targeted human rights and international humanitarian law violations seaports;
including persecution or restriction to freedom of movement based — Security incidents at the access routes to border crossing points, espe-
on gender, age or diversity backgrounds; cially at check-points which may be manned by a variety of state and
— As a result of restriction of movement on certain groups only, imposed non-state actors;
by state or non-state actors, separations of family members and disin- — Closed borders or discriminatory border procedures impeding affect-
tegration of traditional social groups with the potential result of inad- ed people from leaving the country;
equate protection for the most vulnerable; — Cases of refoulement or arbitrary expulsions;
— Risks and incidents of SGBV and targeting of vulnerable groups, in- — Harassment or confiscation of personal documents, goods or money
cluding coercion, intimidation, exploitation, human trafficking and while crossing the border;
forced recruitment; — Requirement to carry an ID to cross the border and consequences for
— Lack of access to basic social services including school and health ser- those without proper documentation;
vices; — Hardship situations, including long waiting times in hot or cold loca-
— Civil documentation including IDs, passports, other important docu- tions, over-crowding, presence of hostile groups, unfavourable weath-
ments that displaced people are able to carry and need to show at er conditions, availability of drinking water and basic food items etc.;
checkpoints and border-crossings, as well as confiscation or destruc- — Vulnerable groups in need of special assistance;
tion of IDs and other important documents; — Staffing, capacities and skills of border authorities/guards to handle
— Unexploded ordinance and explosive remnants of war, in areas of dis- the out-flux effectively and in a protection-sensitive manner concern-
placement and on flight routes, including landmines near or on border ing gender-, age- and diversity-based specific needs;
points and exit routes; — Immediate reception environment in the host country: safety, security,
— Directions and conditions of flight routes, including existing natural and assistance arrangements;
or deliberate blockades, checkpoints or bad road/weather conditions; — Involvement of international actors and other actors on both sides of
main areas inside the country where people are seeking safety; the border and existing communication channels;
— Availability of safe alternative locations and shelter absorption capac- — Unhindered access to territory, and effective asylum procedures to
ity, including access to basic services such as water and sanitation, etc.; determine refugee status and/or to other international protection
Phase II

arrangements (e.g. prima facie or group recognitions), through pro- multidisciplinary teams. Indicators and benchmarks must reflect gender,
tection-sensitive entry systems 12. age and diversity aspects.

What to consider and to look at? 13

While in all likelihood mandated agencies are present on the ground, they — Ensure effective liaison with UNHCR and ICRC at all levels and times
may not (yet) have the capacity to establish a presence and monitor all criti- needed;
cal locations and border crossings. Hence, fine-tuned communication and — In close co-ordination with relevant actors including UNHCR and
co-operation is essential in order to enable expert advice and response, to ICRC, update and discuss the profile information of affected popu-
avoid duplication, and, more importantly, to ensure the presence of inter- lations and identify trends in the violations of rights, security threats
national actors at all locations with acute risks. At this dynamic stage of and routes taken;
conflict, ‘change’ is the overriding feature to be considered when looking — Provided that the security situation allows, in close co-ordination with
at key protection elements. Changing elements are often unforeseen, sud- authorities and in consultation with relevant actors including UNHCR
den and not always visible at first glance. They can refer to all aspects of the and ICRC, facilitate a visible international presence in places of main
situation, including the composition, protection and assistance needs of population movements/destinations and international border cross-
populations fleeing, as well as the needs of the receiving communities. The ing points;
latter may have an impact on their attitude towards the arrival of displaced — In close co-operation with UNHCR and ICRC, monitor and update
persons. The impact of changing conditions can affect directions and flight previously established facts and base-line data on site and, if applica-
routes taken by populations on the move as well as their freedom of choices, ble, adapt response options;
freedom of movement, and capacity and means to flee. Changing attitudes — To the extent possible, in close co-ordination with relevant actors in-
of neighbouring countries towards refugee flows and their willingness to cluding UNHCR and ICRC, and if immediate protection concerns ex-
keep their borders open can have a dramatic impact on the safety, and even ist, liaise with international security providers on-site and, through the
survival, of fleeing populations. The resource situation in the region and in secretariat, at the strategic level (HQs);
locations of displacement can change quickly. New and particular protec- — In close co-ordination with UNHCR and ICRC and other relevant in-
tion risks can arise, for example, through the involvement of new (regular ternational actors, advocate with local authorities and security provid-
or irregular) parties to the conflict, changing weather conditions or other ers for safe transit and full freedom of movement within the country
factors. Such changes always have a gender, age and diversity dimension. To and for international border crossings;
promptly identify critical aspects of change it is good to re-visit base line — If the security situation permits, and in close co-ordination with actors
data and benchmarks and to regularly update and discuss the changes in including UNHCR and ICRC, facilitate outreach to affected communi-
ties (those staying behind as well as those relocating) to demonstrate
international presence and get first-hand information;
— Intensify reporting to the CPC, through the Secretary General to the
Chairmanship and, through spot and activity reports, to all partici-
Phase II

pating States, on displacement and protection challenges, observed Issue 2.2: Safety, Security and Initial Needs
human rights violations and potential inter-state implications of mass of IDPs at Locations of Initial or Short-Term
displacement and refugee population movements; Displacement
— If national minorities are affected, liaise with the OSCE HCNM;
— Advise the Secretary General and the Chairmanship to raise the is- Description
sue at the PC with regard to the scale of the humanitarian crisis and You observe that significant groups of displaced persons are looking for
the immediate and forecasted protection needs, in order to facilitate safety by moving to alternative locations (relocation) within the country,
a prompt political solution; probably in relative closeness to their places of origin or habitual residence
— Provide advice on possible response action to be taken by the OSCE and therefore potentially close to fighting and conflict. Where such settle-
Chairmanship, the Secretary General, the PC and/or the HCNM to ments are located close to borders and/or front lines, their civilian charac-
prevent the situation from deteriorating and to address the causes of ter may be compromised by the presence of armed elements, incursions,
conflict-induced displacement; the presence of arms, recruitment and raids within the camp or settlement.
— Facilitate dialogue and/or mediate between actors on the ground to When this occurs, camps and settlements might become targets of military
address root causes and/or to resolve issues possibly leading to dis- operations conducted by a party to the conflict. IDPs might find shelter
placement situations; either in groups or individually where they have family or social ties, where
— Through Secretariat and the Chairmanship and local action, co-ordi- there are already other displaced persons or simply where they are able to
nate with UNHCR to advocate for accessible and open borders man- stay due to difficult security and/or weather conditions. Frequently, family
aged in a protection-sensitive way to facilitate refugee protection and units and the social structure of traditional support groups get interrupted
to allow for free humanitarian access as well as transit of relief staff by flight and displacement. As a consequence you are likely to find sepa-
and goods; rated and unaccompanied children, persons with disabilities, elderly, sick,
— At the OSCE field and Secretariat level, in close co-ordination with rel- and other persons with specific assistance and protection needs without
evant actors, advocate with national authorities and security providers adequate support, as well as women and girls outside their traditional pro-
to ensure full adherence to international human rights, humanitarian tection systems. This may particularly expose women and children to in-
law and refugee law. creased risks of SGBV. Displaced persons may move to private accommoda-
tion, find shelter in informal settlements or in public buildings made avail-
Recommended reading able by local authorities. Schools should not be used for collective accom-
— modation, as this could disrupt education within the host community. Upon
arrival, displaced persons will face new challenges: to make the shelter hab-
at: itable and safe, to organize food and drinking water, to cover medical and
— sanitation needs and to obtain adequate clothing, fuel and firewood. You
available at: might also observe injurious, exhaustion and physical and psychological
— health issues among displaced persons, such as dehydration, fatigue and
trauma. This is likely to be combined with limited capacity on-site to ad-
dress related needs, especially concerning mental health issues.
Phase II

Key elements of this scenario — Attempts at forced recruitment of IDPs to regular security forces, ir-
— Presence of law enforcement actors and security providers, their will- regular combatant groups or groups of organized crime, and recruit-
ingness and capacity to act and their general attitude towards IDPs; ment of children;
— Early identification of threats to the civilian character of camps and — State or non-state actors or individuals putting pressure on IDPs to
settlements and response mechanism; return to their homes, to move to a particular area within the country
— Civilian character of camps and settlements and signs of early warn- or to leave the country;
ing of deterioration of security and safety and response mechanisms; — Verbal harassment and spread of rumours against individuals or
— All IDP groups’ access to security providers and their trust of them; groups of IDPs;
— Access of humanitarian actors to displaced persons and their ability — Physical attacks on informal settlements or collective shelters if they
and willingness to cover all groups of concern without discrimination are close to or within conflict zones;
or other arbitrary limitations; — Existing positive and negative resilience and coping mechanisms of
— Level of freedom of movement of all IDP groups and humanitarian IDP groups, which they have developed to cope with the consequences
actors; of protection problems. Negative resilience and coping mechanisms
— IDPs access to safe, adequate and winterized (as required) shelter and include trading sex for food, child labour including early marriage of
housing including adequate sanitary facilities; daughters, or sale of children as such. These constitute serious protec-
— Possible overcrowding and lack of privacy for women and girls (sepa- tion problems;
rate sanitary facilities) in temporary shelter; — Incidents of SGBV and the possibility and ability of survivors/victims
— Separation of family members; to report incidents and find medical and psychological support;
— Non-discriminatory and safe access of IDPs to basic food commodi- — Possible tensions and conflicts between IDPs and host communities
ties and non-food items (blankets, clothes etc.) drinking water and/or or within the IDP community;
other humanitarian aid (including possible livelihoods or cash/goods — Kidnapping, abduction, disappearance and hostage taking, prevalence
for work programmes); of human trafficking.
— Availability of and access to basic health services for all;
— Access to medical aid; What to consider and to look at?
— Access to education services in safe protective environments and The protection challenges at this transition stage between population move-
availability of child friendly spaces; ments and initial settlements, where displaced populations are seeking safe-
— Free and regular access of international or national human rights mon- ty, may differ considerably. Protection issues might become less visible or
itoring actors to IDP areas and communities and their ability to speak obvious. Here, it is likely that relevant actors are establishing or expand-
freely to displaced men and women from the various groups; ing their presence. Fine-tuned communication and co-ordinated action are
— Possible abuse of power or corruption by security forces, humanitar- critical. At this stage, specialized agencies, often with the help of partners,
ian actors or community leaders, likely to affect displaced women and engage in out-reach activities with the various displaced groups and loca-
children disproportionately; tions to identify and analyze general and specific protection risks and issues,
— Presence of regular or irregular combatants, civilian armed elements, as well as the most pressing needs. If the OSCE engages in such activities,
and non-state actors including armed gangs or groups in IDP areas/ it is important to do so in close co-ordination with the specialized agen-
communities; cies. As in other situations, the particular needs and risks associated with

50 51
Phase II

gender, age and diversity backgrounds usually vary considerably. For exam- — Flag the importance of enrolment in and attendance of school for all
ple, children might be separated from their parents or caregivers and ac- school-aged children and young people;
commodated together with others in collective shelters or in private accom- — Support setting-up child friendly spaces particularly for children at
modation (and therefore their particular needs are likely to be invisible to risk;
you). They might be exposed to particular risks, including abuse of power by — Place particular attention on gender-, age- and diversity-related needs
security forces or others and may run the risk of being recruited by parties and liaise with relevant actors including UNHCR and ICRC;
of the conflict or actors of organized crime. The fact that you do not have — In consultation with authorities and relevant actors including UNHCR
evidence or knowledge about security incidents, human rights violations or and ICRC, and if applicable and immediate protection concerns exist,
abuse, does not mean that they do not exist. If security allows, undertake liaise with international security providers on-site;
spot-checks and discretely talk to the women, men and children affected. — In line with their respective mandates and responsibilities and in close
co-ordination with OHCHR, ICRC and UNHCR, advocate with local
14
authorities and security providers for the safety and the rights and
— To the extent possible, in close co-ordination with relevant actors in- well-being of IDPs, the obligation to protect populations affected and
cluding UNHCR and ICRC, establish, closely monitor and update their property, as well as to allow for humanitarian access;
baseline data capturing the size and composition of displaced com- — Continue reporting to the CPC, through the Secretary General to the
munities in the various locations; Chairmanship and, through spot and activity reports, to all participat-
— In close co-ordination with relevant actors including UNHCR and ing States, on displacement and protection challenges, observed hu-
ICRC, identify and assess the main displacement locations and the man rights violations and potential inter-state implications;
civilian character of initial settlements or camps as well as attitudes — If national minorities are affected, liaise with the OSCE HCNM;
and capacities of host communities; — Advise the Secretary General and the Chairmanship to raise the
— Assess the capacity and willingness of authorities responsible or in issue at the PC with regard to the scale of the humanitarian crisis and
control to protect all segments of the displaced population; the immediate and forecasted protection needs, in order to facilitate
— Asses the capacity of authorities to detect and respond to the presence a prompt political solution;
of armed elements in camps and informal settlements; — At the OSCE field and Secretariat level, advocate with national
— Assess and stay abreast of external and internal (within the IDP com- authorities and security providers to ensure full adherence to applica-
munity/area) security risks affecting populations in displacement, ble international human rights and humanitarian law;
placing particular attention to increased risks associated with gender, — Provide advice on possible response action to be taken by the OSCE
age and diversity; Chairmanship, the Secretary General, the Permanent Council and/or
— To the extent possible, and in close co-ordination with community rep- the HCNM to prevent the situation from deteriorating and to address
resentatives, local authorities and relevant actors including UNHCR the causes of displacement, including possible high level interventions
and ICRC, facilitate visible outreach to displaced communities and or the taking of a PC decision on specific response actions;
identify protection and humanitarian needs including possible gaps; — Facilitate dialogue and/or mediate between actors on the ground to
address causes of displacement and/or to resolve issues related to the
displacement situation.

52 53
Phase II

Recommended reading ity, and complementary interaction between political and humanitarian
— actors without compromising the neutral, non-political and humanitarian
available at: character of the mandates of the latter. The OSCE, based on its compre-
— hensive security mandate and its wide range of participating States, has an
important role to play in encouraging and facilitating political solutions
to conflict and humanitarian crisis. Timely and strategic co-operation
— between the OSCE, UNHCR and other relevant international actors has
the potential to make a tangible difference in the protection of civilians
and displaced populations and to enhance crisis response as well as forth-
— coming conflict resolution efforts.

Key elements
— — Types and response capacities of actors present in the crisis area/coun-
at: try together with their regional presence and mission mandates;
— Complementarities of mandates and expertise available on-site;
— Level of awareness within the humanitarian community on the crisis
relevant political work of the OSCE and its link to the humanitarian
and displacement dimension, and vice versa;
— Formal and informal communication channels established on-site and
Description at HQ level/s (through Vienna);
In an enduring crisis and forced displacement situation, you can reason- — Available mechanisms for (secure) exchange of information and ana-
ably expect a growing level of political and media attention as well as lysis;
forthcoming humanitarian engagement of relevant international actors, — Possibility of joint situation analysis;
at the local/national, and possibly regional level. Depending on the nature — Development of complementary field monitoring frameworks to max-
and evolution of the conflict, and the security and human rights situation, imize resources and cover critical hot spots adequately;
military preparedness or interventions might also be discussed. Agen- — Systematic and regular incorporation of protection and displacement
cies and organizations – such as the OSCE – which have had a presence specific elements into OSCE reporting;
on the ground from the outset of the crisis, have an important role to — Co-ordinated response to security and human rights incidents and
play through sharing timely information and contributing to contextual harmonized messaging to authorities: speaking with one international
analysis and needs assessments of incoming humanitarian actors. This voice on protection and human rights issues;
is the stage where the foundation for effective inter-agency co-operation — Harmonized advocacy among relevant parties involved in Vienna,
and effective complementary interaction is developed. Complex crisis Geneva and New York, promoting full adherence to relevant interna-
and displacement situations require political solutions to address root tional law, human rights and refugee law, as well as to relevant OSCE
causes and to allow for solutions to conflict-induced displacement. Co- commitments.
operation should be guided by humanitarian principles, a spirit of solidar-

55
Phase II

What to consider and to look at?

There is an intrinsic link between effective crisis management and under-
standing and addressing the needs and rights of populations affected by available at:
violence and related displacement. Humanitarian problems always require
political solutions. However, identifying and addressing humanitarian
needs as early as possible, in interface with the work of specialized agencies,
can mitigate crisis and can have a positive influence on conflict develop-
ment. Working in complementary and strategic partnerships, accompanied
by harmonized messaging and well co-ordinated interventions can have a
stabilizing impact on crisis and conflict, and alleviate human suffering and
save lives.

15

— Establish situation- and thematic-specific collaboration on-site, as well

as effective communication channels;
— Make strategic use of complementary mandates;
— Establish regular mechanisms for steady and timely information flow
among key players;
— Harmonize international messaging; Credit:
— As required by the scope of the crisis, engage in exchange of informa-
tion, analysis and co-ordination with key players, both at the opera-
tional and strategic level;
— Facilitate political action that is complementary and supportive to
humanitarian efforts at all levels.

Recommended reading
—

—
available at:
—

56
Phase II

Issue 3.1: Rights of IDPs and National

Responsibilities
Description
This Issue focuses on the rights of those displaced by conflict who have not
crossed an international border. It applies to all phases of displacement and
conflict, therefore, it is recommended to be read in conjunction with other
parts of the document.

While the needs of IDPs and refugees might be similar in many as-
pects, there is a unique and distinct international protection regime gov-
erning refugee situations. In contrast, there is no specific legal status in
international law, which is applicable to internally displaced persons. Be-
cause internally displaced persons (IDPs) reside within the borders of their
own countries and are under the jurisdiction of their governments, primary
responsibility for meeting their protection and assistance needs rests with
their national authorities. The UN Guiding Principles on Internal Displace-
ment, which build the basis of this Issue and are mainstreamed through-
out the PCL, underscore this point, setting forth the rights of IDPs and the
obligations of governments towards these populations.

The rights of IDPs are based on and consistent with international

human rights law and international humanitarian law. IDPs remain enti-
tled, in full equality, to the same rights and freedoms that other persons in
the country enjoy. They do, however, often have special needs by virtue of
their displacement and thus need protection and assistance related to their
specific conditions. Governments and other responsible authorities need to
protect IDPs from discrimination and ensure their enjoyment of any right

58 59
Phase III

or freedom. IDPs also often belong to national minorities or other groups alluding, in particular, to: equality and non-discrimination; the principle of
at risk and, in some cases, States may not be willing (or able) to protect and State responsibility; protection against involuntary displacement, in par-
assist them, or allow others to do so. Displacement usually increases exist- ticular regarding people with a special dependency and attachment to their
ing vulnerabilities and often produces new ones. lands; the right to life, dignity and integrity, and the right to family life; free-
dom of movement, including to leave the country and seek asylum; recogni-
In a lasting conflict situation where acute security threats have dimin- tion of persons before the law; protection of property and possessions; the
ished or shifted to other locations, most internal population movements right to request and obtain adequate assistance and access to services, in
have resulted in temporary (often lasting) settlements. These can include particular health and education, and to enjoy an adequate standard of liv-
formal and informal settlements or structured camps as well as collective ing; the right to durable solutions in dignity and safety; and respecting the
centers. IDPs in urban locations often opt to live in private accommodation principle of its voluntary character.
amongst the rest of the population. While these arrangements are rarely
suited for long-term solutions, a political resolution of the conflict and im- For a full view of principles applicable to IDP protection, see the UN
plementation of solutions to displacement can take a substantial amount of Guiding Principles on Internal Displacement. They should be referred to
time. Furthermore, humanitarian actors present may have limited capacities during all phases of the conflict cycle.
or may not have full and regular access to IDP areas. IDPs are also often un-
aware of their rights or not capable of effectively accessing them, either as a Key national responsibilities
result of discrimination or due to a lack of resources in the area of displace- — National authorities have the primary duty to protect and provide hu-
ment. Thus, it is important to fully understand IDP rights and needs and to manitarian assistance to IDPs; and seek durable solutions for the in-
address them throughout the displacement situation and the conflict cycle. ternally displaced within their jurisdiction.
— This duty entails taking specific measures to respond to the particular
Rights of IDPs and national responsibilities are equally relevant to all vulnerabilities and needs of IDPs. States are also under particular ob-
phases and issues of the conflict cycle and have been largely mainstreamed ligation to protect against arbitrary displacement and have a special
throughout the Protection Checklist. However, both the rights of IDPs and responsibility in this respect to indigenous peoples, minorities, peas-
national responsibilities have been deliberately described in more detail ants, pastoralists, and other groups with a special dependency on and
within Phase III. This serves the purpose of illustrating and acknowledging attachment to their lands.
the fact that rights of IDPs and national responsibilities must be particularly — Governments should:
challenged in this phase. — prevent displacement through rights-based approaches;
— mitigate the impact of displacement;
Key principles applicable to the protection of IDPs — facilitate the right of affected populations to flee to safer areas;
As previously stated, IDPs usually have the same rights and freedoms un- — raise national awareness of the problem;
der international and domestic law as nationals in their country. Given their — collect data on the numbers and conditions of IDPs;
particular vulnerabilities and needs, however, these rights need a specific — support training on internal displacement and the UN Guiding
interpretation, reaffirmation and support to enable IDPs to effectively re- Principles;
alize these rights. Thus, the United Nations Guiding Principles for Inter- — create a national legal or policy framework for upholding the
nal Displacement have reaffirmed the rights of internally displaced persons rights of IDPs;

60 61
Phase III

— designate an institutional focal point on IDPs; plicitly claim and implement their rights. Manipulation could include with-
— encourage national human rights institutions to integrate inter- holding of information or misrepresentation of the various possibilities for
nal displacement into their work; durable solutions to displacement. IDPs should also be kept updated about
— allocate adequate resources to sufficiently respond to the chal- critical developments and political discussions focused on solutions to dis-
lenges of internal displacement; placement and other issues directly impacting their lives. IDPs are subjects
— ensure the participation of IDPs in decision-making taking in to of their lives and rights holders; they must not become objects to the vari-
account the age, gender and diversity profile of the population; ous interests of other parties (i.e. political or economic). Therefore, they
— When national capacity is insufficient, governments should co-operate need to be involved and consulted in decision-making processes throughout
with the international community and relevant actors to ensure ad- the displacement situation.
equate protection and humanitarian assistance to IDPs.
In order to effectively address potential vulnerabilities through hu-
What to consider and to look at? manitarian aid and other essential services, specific efforts to include and
Your starting point is the fact that internally displaced persons have the mobilize women in this process are required. Women’s participation in
same rights as other citizens (or residents) in the country. Thus, they are planning and distribution will help enhance not only their own safety and
under the protection of the State, whose responsibility it is to protect and well-being but increase the likelihood that issues concerning the broader
respect their rights, as well as to actively support displaced people in the family will receive appropriate attention. This could, for example, include
realization of their rights. These rights are protected through legally binding the distribution of food and cooking supplies or the education of children.
commitments, which are enshrined in human rights and international hu- In addition to the involvement in practical decision-making, however, wom-
manitarian law. Therefore, while in some very critical and specific situations en should also be involved in strategic and political decision-making. Being
– subject to certain criteria – some rights can be temporarily suspended, involved can give women, men and children some control back over their
rights can never be made subject to negotiation, including a direct link be- lives despite their difficult situation.
tween freedom of movement and the right to life and liberty, which allows
affected populations to flee and return in safety. However, while each dis- Remember, more often than not, IDPs have specific vulnerabilities due
placement situation is unique, most situations feature an acute or chronic to their displacement condition. It is important to identify those, as well
lack of locally available resources and, even if the authorities are willing to as the needs and potential vulnerabilities of local families hosting IDPs, in
protect and assist IDPs, they might not be able to do so owing to security or order to address them in the planning and delivery of assistance. Such vul-
economic constraints. In such cases, it is the State’s responsibility to request nerabilities always have a clear gender, age and diversity dimension.
help and to engage the international community or other suitable actors in
providing IDPs with the protection or assistance needed. This conceptual 16

understanding is fundamental to any response strategy. — Liaising effectively with relevant actors including UNHCR and ICRC
at all levels and times needed;
Another important feature to keep in mind is that IDPs must know — If applicable, in close consultation with relevant actors including the
and be aware of their rights. Lack of awareness or unclear understanding
of rights exposes displaced persons to potential manipulation or abuse and
increases their vulnerability, as well as making them unable to articulate, ex-

62 63
Phase III

Special Rapporteur on the Human Rights of Internally Displaced Per- — Provide advice on possible response action to be taken by the OSCE
sons, UNHCR and ICRC, and other relevant actors, advocate with Chairmanship, the Secretary General, the Permanent Council and/or
authorities and security providers responsible or in control, for the the HCNM.
rights and well-being of IDPs, as well as for their obligation to protect
populations affected and their property; Recommended reading
— Monitor the capacity and willingness of authorities responsible or in —
control to protect all segments of the displaced population and, where available at:
appropriate, contribute to building relevant capacities; —
— In close co-ordination with UNHCR and ICRC, assess the situation of
humanitarian needs versus local capacities and willingness. Advocate available at:
for humanitarian access by specialized agencies and humanitarian ac-
cess by IDPs to specialized agencies; —
— To the extent possible, in close co-ordination with UNHCR and ICRC,
monitor and update baseline data captured in previous assessments;
— In close co-ordination with UNHCR and ICRC, monitor the civilian
character of settlements or camps, as well as the evolving capacities,
needs and attitudes of host communities. Pay particular attention to
gender, age and diversity issues;
— To the extent possible, and in close co-ordination with and in support Issue 3.2: Security Issues and Vulnerabilities
of UNHCR and ICRC, engage in appropriate outreach strategies with
displaced communities in order to identify protection and humanitar- Description
ian needs including possible gaps; You are in a situation where acute security threats have diminished or shift-
— Continue reporting to the CPC, through the Secretary General to the ed to other locations, and most internal population movements, have trans-
Chairmanship and, through spot and activity reports, to all participat- formed into (temporary) settlements. Where such settlements are located
ing States, on displacement and protection challenges, observed hu- close to borders and/or hostilities and fighting, their civilian character may
man rights violations and potential inter-state implications; be compromised by the infiltration of armed elements. At the same time,
— If national minorities are affected, liaise with the OSCE HCNM; IDP settlements close to hostilities might be considered as politically biased.
— Advise the Secretary General and the Chairmanship to raise the is- When this occurs, camps and settlements might become targets of mili-
sue at the PC with regard to the scale of the humanitarian crisis and tary or combatants’ operations. Attacks or other acts of violence, including
the immediate and forecasted protection needs, in order to facilitate threats and incitements to commit such actions against internally displaced
a prompt political solution; persons, who do not or no longer participate in hostilities are prohibited
— Advocate with national authorities and security providers to ensure in all circumstances according to IHL and as reflected in the UN Guiding
full adherence to applicable international human rights and human- Principles. Besides security threats directly linked to the conflict, IDPs may
itarian law and encourage Secretariat and Chairmanship to mirror also experience threats and security issues originating from within their
these efforts with relevant delegations and capitals; displacement situation or community. Such internal risks may particularly

65
Phase III

expose women and children 17. Internal risks are usually less visible or ob- — Presence of armed elements: inside or within the vicinity of IDP areas,
vious than attacks originating from the external environment. At this stage the risks and threats they pose to IDPs, possible abuse or threats, particu-
of the conflict and displacement cycle, people may have found a variety larly to women and children. Acts which prevent IDPs from moving or force
of shelters, including formal and informal camps and settlements, as well IDPs to move to a given area, or coerce IDPs to collaborate in fighting;
as collective centers, (which are usually established in public buildings) or
within private accommodation, on their own or with host families. The dif- — Pillage and destruction of property: attack, unlawful use, occupation,
ferent types of arrangements can bear different threats and security issues, appropriation and destruction of homes, property and land left behind by
the impact of which always has a gender, age and diversity dimension. IDPs;

Key security issues in IDP areas — Diversion of humanitarian assistance by parties of the conflict and its
— The presence and capacity of law enforcement actors and security pro- impact on the different IDP groups;
viders and/or non-state actors, and their willingness to protect all segments
of the population affected; — Ceasefire, humanitarian corridors and protected zones: do they en-
hance protection as they are respected by all parties to the conflict or do
— Acts of violence or attacks on IDPs/other civilians by members of regu- they contain risks for IDPs/ other civilians (i.e. due to sudden non-compli-
lar or irregular armed forces, armed elements, or actors of other groups, ance and violations, such as the use of humanitarian corridors for the move-
including organized crime. These can include: armed attacks against camps ment of arms and ammunition)?;
or settlements; sniper fire; the use of IDPs/other civilians as human shields;
attacks on hospitals, schools or other public services; torture; cruel, inhu- — Landmines and other unexploded ordinance: contamination of areas
man or degrading treatment or punishment; abductions and enforced dis- with landmines or explosive remnants of war, unexploded ordinance, im-
appearances; acts of violence intended to spread terror among IDPs; star- provised explosive devices, cluster munitions, mined or blocked access to
vation; summary or arbitrary executions; murder; and genocide. It also in- vital resources (i.e. water sources and arable land etc.), the on-going lay-
cludes rape and acts of gender specific violence, forced prostitution, sexual ing of mines and lack of mine risk education, unmarked and contaminated
exploitation and any form of indecent assault; zones;

— Forced recruitment of adults and children: the existence of discrimina- — Abuse of power, including corruption and exploitation by security forc-
tory practices of recruitment of IDPs into any armed forces or groups, includ- es, humanitarian and peacekeeping actors, as well as authorities responsi-
ing any cruel, inhuman or degrading practices. Under no circumstances shall ble or in control (or others), likely to particularly affect women, girls and
displaced children be recruited (voluntary or not), nor be required or permit- separated and/or unaccompanied children or individuals with a risk profile.
ted to take part in hostilities. Orphaned and separated children are especially Abuse as a result of opportunity, including coercion or exploitation, by lo-
at risk of recruitment. Prevention of voluntary recruitment is a challenge as it cal actors from within the host community or the IDP community itself;
emanates from emotions generated within IDP communities. Provision of edu-
cation and livelihood support could present alternative options to recruitment; — Sexual and gender-based violence (SGBV): both the prevention and
response measures are imperative as one feeds into the other. The risks of
SGBV apply to women, girls, boys and men and can be used as a tool of

66
Phase III

war. Cultural sensitivities and security risks are usual deterrents to report- 18

ing and these factors must be taken into account when assessing the risks — Liaise effectively with relevant actors at all levels and times needed;
to communities; — In close co-ordination with relevant actors, monitor the capacity and
willingness of the law enforcement and security providers responsi-
— Signs and incidents of human trafficking affecting IDPs, undertaken ble or in control to protect all segments of the displaced population;
for the purpose of sexual or labour exploitation, and associated with trad- — Advocate with national authorities and security providers to ensure
ing for sexual services, or for the purpose of slavery or practices similar to full adherence to applicable international human rights and human-
slavery, as well as for the removal of organs or the facilitation of interna- itarian law. Encourage the Secretariat and Chairmanship to mirror
tional adoptions. these efforts with relevant delegations and capitals;
— Provide advice on possible response action to be taken by the OSCE
What to consider and to look at? Chairmanship, the Secretary General, the Permanent Council and/or
The type and source of security issues affecting displaced persons at this the HCNM;
stage of the conflict and displacement cycle are likely to be different from — In close co-ordination with relevant actors including UNHCR and
those that had previously affected IDPs. In addition to external threats di- ICRC, monitor the civilian character of IDP areas, as well as the evolv-
rectly associated with the conflict, a range of internal risks may trigger ad- ing capacities, needs and attitudes of host communities;
ditional security threats. Some of these internal issues may be hidden and — Whilst staying abreast of potential external security threats and in
thus not obvious or directly visible to you. Therefore, the way to identify close co-ordination with relevant actors including UNHCR and ICRC,
threats and security issues also needs to be adapted. In order to identify assess internal security risks within the IDP community/area, placing
hidden security issues, it is important to engage in community outreach, particular attention to gender, age and diversity aspects;
trust building and consultations with the various IDP groups and the host — If applicable, in co-ordination with relevant actors including UNHCR
community (men and women). This can only be achieved by maintaining and ICRC, advocate with the authorities and security providers re-
a regular presence and outreach activities as well as through reliable and sponsible or in controls for the respect of rights, security and well-
regular communication to and with IDPs. Remember, the impact of secu- being of all segments of the IDP community;
rity issues always has a gender, age and diversity dimension. Be aware that — In close co-ordination with relevant actors including UNHCR and
people might be scared and intimidated and, thus, a sensitive and discrete ICRC, emphasize the importance of school enrolment and attendance
communication with displaced persons and handling of information is criti- for children and young people in safe environments as vital to their
cally important. In your evaluation, consider practical scenarios such as, protection and risk reduction;
for example, the need for displaced women to walk some distance to col- — If applicable, and immediate protection concerns exist, liaise with in-
lect water thereby placing themselves at risk of being physically or sexually ternational security providers on-site;
attacked, abducted or injured or killed by landmines. Remember, it is rare- — In close co-ordination with relevant actors and international security
ly possible to anticipate the type and exact timing of a security incident. providers, consider developing a risk mapping exercise, including a hot
For this reason, it is important that the IDP community itself knows and spot analysis and the evolving various types of risks at given locations;
understands the various risks and threats of their displacement environ-
ment, in order to discuss and empower people to adapt their behaviour and
activities accordingly.

68 69
Phase III

— In close co-ordination with relevant actors including UNHCR and Issue 3.3: Mainstreaming Displacement and
ICRC, establish regular outreach and physical presence in IDP areas
and possible channels of communication with the IDP community, in- Peace Agreements
cluding women and children, to disseminate relevant objective infor-
mation in a language they understand. Continue reporting to the CPC, Description
through the Secretary General to the Chairmanship and, through spot Resolving conflict-induced displacement – and preventing future displace-
and activity reports, to all participating States, on security issues and ment – is inextricably linked with achieving lasting peace. On the one hand,
steps undertaken to address these vulnerabilities; If national minori- unresolved problems of displacement may cause instability and thus threat-
ties are affected, continue to liaise with the OSCE HCNM; en peace processes as well as peacebuilding efforts. On the other hand, du-
— Consider programmatic activities within your mandate which could rable solutions – particularly return and repatriation – cannot be achieved
address security issues and vulnerabilities, such as combatting traf- for IDPs and refugees as long as there is a lack of security, property is not
ficking in human beings; restored, and other conditions for sustainable solutions, including trust and
— If you come to the conclusion that additional programmatic activities confidence between local communities and returnees and post-conflict re-
would be useful in areas not covered by your mandate, liaise with OSCE construction, are not in place.
executive structures which have a mandate in the respective area to in-
quire whether they would be in a position to engage in such activities. At this stage, relevant stakeholders are discussing and taking steps
towards conflict resolution and peace agreements. Each conflict is unique
Recommended reading and thus peace agreements need to be customized to the specific situa-
— tion. Hence, the form and substance of peace agreements needs to be de-
termined by the necessities on the ground. Any peace agreement that is to
be sustainable needs to be agreed to by the relevant parties to the process.
— Displacement and durable solution issues need to be discussed from the
outset of the resolution process and mainstreamed into all relevant aspects
of the peace process.

— While the needs, rights and durable solutions for refugees are usually
addressed and represented by UNHCR in line with its international man-
date, IDPs and especially women groups are rarely consulted or represented
— in peace processes; their particular circumstances are often overlooked in
available at: the language of peace agreements; and peacebuilding initiatives often mar-
— ginalize or forget them. There is a wide range of actors with roles and re-
sponsibilities in peacebuilding, including national governments, National
Human Rights Institutions, civil society and the international community,
all of which have the potential to mainstream internal displacement in their
work. Also, the OSCE can actively support this, as well as mainstream in
Phase III

long-term rule of law and good governance strategies, aspects important be associated with, or fuel through their presence, ‘spoiling’ tactics that
for sustainable peace and durable solutions, as well as for the prevention of can hinder, delay or undermine peace processes. An alternative is to par-
renewed displacement. ticipate in ‘track-two’ and ‘track-three’ peace processes, especially through
forming coalitions with other groups excluded from formal negotiations,
Peace agreements are shaped through different negotiation formats for example women’s groups. NGOs have an important role to play in sup-
and tracks of diplomacy. Generally, ‘track-one’ participation refers to offi- porting coalitions for peace.
cial representatives of the parties to the conflict, whereas ‘track-two’ par-
ticipation commonly includes unofficial interactions which may involve In the case, where the participation of displaced persons is not possi-
NGOs, religious leaders or private citizens. ‘Track-one’ diplomacy may ble, effective or desirable, it is important to develop complementary strat-
take place bilaterally or multilaterally involving also international organi- egies for representing their interests in peace processes. For example, in-
zations such as the OSCE or third party States acting as mediators. High- ternational mediators can prompt political leaders to incorporate displace-
level negotiations are often seen as the only viable approach for achiev- ment issues in peace negotiations. However, consulting with IDPs is criti-
ing a relatively swift negotiated resolution to armed conflict – and often cal – as is the adherence to international standards, which includes human
the short deadlines under which they work also preclude time-consuming rights standards and the UN Guiding Principles on Internal Displacement.
consultations. However, such negotiations often lack the specialized con- Another strategy is to focus on the legal rights of IDPs through interna-
tributions and sense of ownership that can be gained through civil society tional, regional and national mechanisms, including through the mandate
participation. Thus, ideally ‘track-one’ processes should be complemented of the United Nations Special Rapporteur on the Human Rights of Inter-
by ’track-two’ negotiations or evolve into track 1.5 diplomacy, combin- nally Displaced Persons, who, for example could engage in country visits
ing official and civil society representatives in one process. ‘Track-three’ and provide recommendations to involved parties.
processes that refer to unofficial interventions at the grassroots level by
people from all sectors of society can also play an important role in peace Despite some positive examples in existing peace agreements address-
processes, and probably provide the greatest scope for direct participation ing displacement, commitments are often not fulfilled for reasons such
of IDPs and refugees. as poor drafting, insufficient implementation mechanisms and funding,
or a blatant lack of political will. However, displaced persons have rights
Examples of direct participation of displaced persons in ‘track-one’ grounded in international human rights, international humanitarian law,
peace processes are rare as a result of three main obstacles. One is the re- and, by analogy, international refugee law. States have an obligation to pro-
stricted and formal structure of most ‘track-one’ processes. A second is tect those rights.
that displaced populations often have specific vulnerabilities – they may In order for grassroots initiatives and communities to effectively con-
belong to minority groups and lack resources, education, political skills tribute to the overall peace process, top level formal stakeholders need to
and influence. Third, IDPs specifically have additional disadvantages – they politically support the principle of consultation and their participation.
are often scattered, in contrast to refugees; lack a specific international
regime to support their rights; and may be more vulnerable to reprisals Key elements
from their government where they do mobilize. Equally there may be times Peace agreements need to contain specific provisions for displaced popu-
when the participation of IDPs and refugees in formal peace negotiations lations. They should address and reflect a solid understanding of the caus-
can entail risks for the displaced. For example, displaced populations can es of displacement. Peace agreements need to advance plans for durable
Phase III

solutions as suggested below. Four areas in particular need specific atten- — Furthering confidence-building and reconciliation between local com-
tion within the text of agreements: munities and returnees;
— Undertaking post-conflict reconstruction, i.e. re-establishing basic in-
— Distinguish between refugees and IDPs, refer to standard international frastructure and services, as well as ensuring access to services, re-
definitions, ensure that locally-used terms are inclusive in coverage sources and livelihoods;
and in accordance with international standards, and recognize region- — Ensuring the political transition to and the establishment of an ef-
al displacement specificities; fective, legitimate and inclusive government and political process in
— Clarify the specific parties roles and obligations vis-à-vis IDPs and which the various sectors of society, including IDPs and returnees, can
refugees, and ensure the parties’ co-operation in the process of find- become stakeholders.
ing durable solutions for the displaced, including a commitment to
guaranteeing safety and security both during and after return, spe- What to consider and to look at?
cific language on how security will be provided, and sanctions against Finding durable solutions for persons displaced by conflict, especially in
people who violate the rights of the displaced and refugee returnees; the case of mass displacement, is a pre-requisite for effective and sustain-
— A specific enumeration of the rights of displaced persons, including able conflict resolution. Therefore, this aspect needs to be a vital part of the
general human rights; the right to choose return, local integration or process and related peace agreements. This implies that displaced women
relocation elsewhere, respecting the principles of voluntary character and men, equipped with a wide range of rights, including political and so-
of solutions, dignity and security; rights as citizens; and the right to cial rights, should be consulted, represented, and – to the extent possible –
documentation and property; their participation should be actively supported during the peace process.
— The definition of an implementation process, including the estab-
lishment of a responsible body, the definition of a funding mecha- Active civil participation is an evolutionary process which is likely
nism, and procedures for co-operating with the international com- to face many challenges. These can include issues relating to legitimacy of
munity. representation, unsettled problems within the displaced communities, a
range of diverging opinions on how to go ahead, as well as a range of dis-
placement related disadvantages, such as limited resources and political
agreements influence, possible low levels of education or a general lack of experience
Finding durable solutions for the displaced is a necessary element of effec- of displaced people to actively participate in society. For this reason, ensur-
tive peacebuilding. The following elements are particularly relevant for dis- ing participation can be challenging. However, experiences from across the
placed persons and returnees: world suggest that peace processes, which were actively supported from the
— Providing security through demobilization, de-mining, re-establishing bottom up, including by those most directly affected, such as IDPs and refu-
law and order and the rule of law, and combating impunity; gees, have had a higher chance of succeeding. This helps to sustain peace
— Solving property-related problems including reconstruction and resti- and prevent a relapse of hostilities, and therefore contributes to regional
tution of property, resolution of property related disputes and repara- security and stability.
tions when restitution is not possible;
— Re-establishing and reinforcing the rule of law; Participation is a fundamental pillar of democracy. In order to ac-
— Transnational justice; tively participate in society, people need timely and objective information,
Phase III

channels to have their voices heard, and active opportunities to influence age and diversity balance and/or encourage the Sides to include such
issues relevant to their lives. Through the facilitation of such processes, peo- representatives in their delegations;
ple will be enabled to practice democracy and to contribute to post-conflict — To the extent possible, convene separate formal consultations on dis-
societal transformation. Such transformation can start at the place of dis- placement-specific issues with representatives of displaced popula-
placement and continue upon return to their home communities or when tions where their direct participation in peace negotiations is impos-
integrating into a new community. Consider that displaced persons are the sible or inappropriate;
ones with the strongest incentives for overcoming the conflict, finding solu- — Support ‘track-1.5’, ‘track-two’ and ‘track-three’ processes and seek
tions to their displacement and preventing relapse of new conflict. There- guarantees that there will be no reprisals against any individuals or
fore, their role in building democracy and peace is invaluable. Supporting organizations that participate in such processes;
displaced persons and their community structures in this complex process — Take into account outcomes of ‘track-two’ and ‘track-three’ processes,
is the place where you can make a tangible difference. including in formal negotiations;
— Establish or support infrastructures for peace (I4P) through funding,
training and capacity-building and work to ensure that broad coali-
representatives 19 tions include displacement-relevant issues;
Facilitate that displacement issues, where relevant, are properly addressed — In recognition of the particular role and contributions of women to
in peace negotiations by mainstreaming the normative framework for the conflict resolution and peacebuilding (as enshrined in UNSCR 1325),
protection of the rights of displaced populations in peace talks and by pro- support local women’s peace initiatives and indigenous processes for
gramming of IDP and refugee specific activities, aiming to support their role conflict resolution:
as agents of change and peacebuilders. — advocate for the special needs of women and girls during repa-
triation and resettlement, reintegration and post-conflict recon-
— Include respective agenda items in official talks; struction;
— Include the expertise of relevant actors including UNHCR and ICRC — support local women’s initiatives that involve women in all of
in ‘track-one’ negotiations where displacement issues are discussed; the implementation mechanisms of the peace agreements and
— Encourage local-level confidence-building measures and conflict measures that ensure the protection of and respect for the hu-
man rights of women and girls;
resolution mechanisms that include displaced populations and affect- — In close co-ordination with relevant actors including UNHCR and
ed communities (e.g. host or receiving communities); ICRC, engage in regular outreach activities with the various displaced
— Advocate with national/local authorities for unambiguous allocation groups to share and distribute relevant information and consult with
of responsibilities, adequate resources and an appropriate evaluation the men and women concerned about their needs and priorities, and
and monitoring mechanism; to facilitate their participation in all feasible and relevant areas of the
— If possible and appropriate, invite legitimate representatives of dis- process;
placed populations to formal peace negotiations, ensuring a gender, — When direct consultation is not possible, develop alternative means to
ensure that displaced people’s concerns are taken into account;
— Raise public awareness of development issues in the country/region
affected.
Phase III

Recommended reading
—

September

http://

pdf
—
available at:
—

at:

Credit: OSCE/Simon Short

Phase III

Rehabilitation

Description
Confidence building lies at the heart of the OSCE and focuses on chang-
ing perceptions and rebuilding relations between affected communities and
the parties to the conflict. Whilst CBMs can be implemented in the po-
litical, economic, environmental and social sphere, building confidence on
the people-to-people level provides the necessary foundation for genuine
change and progress towards peacebuilding and social reconstruction. Fos-
tering trust and bridging dividing lines between past (or potential future)
antagonists is an essential element of building sustainable peace. It is impor-
tant to understand that CBMs cannot resolve the basic causes of a conflict
and are dependent on a genuine desire for peace and stability by the parties
engaged. As mentioned within the previous phase, displaced communities
have a strong incentive to overcome the conflict and their displacement
situation by either returning to their home communities or choosing to in-
tegrate in other communities. In order to create an environment conducive
to durable solutions, IDPs and refugees are, more often than not, able to
recognize the need for pragmatic dialogue and direct communication with
political and social counterparts “from the other side”. With targeted sup-
port, they can therefore play an important role in post-conflict situations.
Thus, a wider CBM strategy should consider the needs of IDPs and refugees
and their potential contributions to confidence-building.

You are now at a phase where peace agreements have been brokered
and thus durable solutions and a future beyond displacement is becoming
possible. Specialized agencies are present and, in the case of a refugee re-
turn scenario, UNHCR will have the lead. However, the complexity of the

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post-conflict environment requires strategic co-operation, especially be- ers on the other hand – can facilitate specific CBMs, including ‘Go & See’
tween political, humanitarian and development actors, in order to create visits. If successful (i.e. there are no security incidents combined with visible
the grounds for peacebuilding and sustainable solutions to displacement. signs of welcome), such visits can be repeated and extended to wider IDP/
In this context, the interaction between the OSCE, UNHCR and other rel- refugee groups visiting their communities of origin. If the evolving politi-
evant actors is critical. cal environment allows, such visits can then be supplemented by outreach
activities from local authorities of the home community to major locations
Internally displaced persons are starting to discuss and consider their of displaced communities, in order to share first-hand information, address
options: Is it safe to return home (politico-military issues)? Are our homes questions and demonstrate visible support to return. Such activities are
still there (reconstruction) or are they occupied by others? Will we be wel- often known as ‘Go & Inform’ visits. Building upon increasingly regular
come (human rights issues), or do we need to look into other options (free- contacts between those who stayed and those who may return, and their
dom of choice)? Conflict-affected IDPs and refugees need bravery and positive (or at least neutral) interactions, in conjunction with assistance
confidence to decide to reconnect with their old lives and with the people and development to the entire community, could also open opportunities
that were part of it, particularly bearing in mind that some of them may for other CBMs, for example in the economic sphere. Bottom-up activities
have played an active role in the conflict. Even though peace agreements like these also have the potential to positively impact other post-conflict
have been formalized and guarantees have been made at the national level, and transition processes.
IDPs and refugees often belong to national minorities and other vulnerable
groups. Hence, it cannot be taken for granted that they will be welcomed Key elements of displacement-relevant CBMs
back also on the local level within their communities of origin. As in other There is no ‘one size fits all’, rather a range of common characteristics for
conflict phases, the process of finding a viable and sustainable future be- successful CBMs:
yond displacement can also be supported through CBMs at the community
level, facilitating dialogue, communication and therefore hopefully also fos- — Voluntary: CBMs rarely succeed when imposed from the outside, thus
tering willingness for peaceful co-existence and the re-building of a com- local ownership is critical for long-term success;
munity. A powerful measure of this process is so called ‘Go & See’ visits — Mutual confidence and reciprocity: measures taken by one party
in which small IDP/refugee groups (composed of men and women, young should logically and naturally lead to similar measures being taken by
and elderly persons), often with strong security, and political and logistical the other party in a balanced and reciprocal manner, thus avoiding a
support from international organizations, temporarily visit their homes and perception of imbalanced concessions by either party. Benefits result-
communities to assess the situation and get a feel for the overall return en- ing from CBMs should be shared;
vironment. Whilst in a classical refugee situation the overall planning and — Transparency: the intended modalities of CBMs should be obvious,
support of such visits is led by UNHCR, the roles and responsibilities within open and unambiguous. The opportunity for one party to exploit the
an IDP situation are more complex. Even though the primary responsibility measure of its own gain at the expense of the other party should be
for assistance and protection of IDPs rests with the authorities, they may minimized;
not have the capacity or political willingness to ensure security or to prepare — Predictability: expectations should be clarified and parties should be
and facilitate an appropriate reception environment. Here the interaction convinced that wrongful action will be identified and responded to by
between authorities and relevant regional organizations – such as the OSCE the international community/local authorities;
on the one hand and international specialized agencies and security provid- — Communication: appropriate communication channels between the

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Phase IV

parties to facilitate information flow, build reliability and trust, and for persons concerned. These are linked to their backgrounds and the his-
directly address misunderstandings and mistakes; tory of the conflict and need to be closely discussed with them and with the
— Incremental: creating a local success story and building upon it in a specialized agencies in charge. Your guiding principle here is to be aware of
strategic and cautious manner; local sensitivities and not to risk any harm being done, be it of physical or
— Verification and monitoring: progress measured allows each side to be psychological nature. In addition to security considerations, locations for
confident of the other side’s commitment; verification and monitoring the initiation of ‘Go & See’ and ‘Go & Inform’ visits should be carefully se-
are themselves CBMs. lected. Criteria for a good location include a solid pre-conflict community
life (including inter-ethnic relations), positive or neutral attitudes of the
‘Go & See’ and ‘Go & Inform’ visits local authorities and the receiving community, as well as the role of the re-
— Clear roles and responsibilities among international and local actors ceiving community throughout the conflict. Whatever happens within the
are a pre-requisite for engaging in displacement-relevant CBMs, par- first sequence of such contacts will influence the perceptions and attitudes
ticularly in the case of potential security implications; of both-sides: the receiving community as well as the IDPs and refugees
— Women’s participation in ‘Go & See’ visits is important as they might considering their return options. Therefore, at the beginning of such pro-
be looking at different factors in accordance with their own and their cess, only locations with a high likelihood of creating a positive encounter
families’ needs; should be chosen. Once a variety of good locations have been identified, it is
— The overall security situation, including the political will and capacity important to prepare both sides for their first contacts, clarify expectations,
(including public services and municipal financial capacity) of local become aware of possible spoilers and diminish potential risks. Ground
authorities to engage with IDPs and refugees, and facilitate an appro- rules should be discussed and established with all participants. Following
priate political and security environment; a successful first visit, it is important to build a dynamic of success stories,
— Smooth and detailed logistical support, including transport and cater- which can be spread through the community and encourage more positive
ing options, considering the specific vulnerabilities of IDPs and refu- attitudes and interactions, as well as possibly other CBMs. Being mindful of
gees, and people with special needs; reciprocity, the outreach of local authorities and other community leaders
— Documenting the main outcomes of the visit and support to appropri- towards their former neighbours, now in displacement, can be a powerful
ate information sharing with the IDPs and refugees concerned; sign of good will. It is important to understand that the role of the interna-
— Post-visit follow-up with local authorities and structured discussions tional community lies with giving displaced persons the opportunity to find
with IDP and refugee participants; the best solution for them and their families, and make informed choices.
— The possibility of follow-up through the targeted outreach from local Therefore, measures like ‘Go & See’ and ‘Go & Inform’ visits should not
authorities to displaced communities, through ‘Go & Inform’ visits; push the displaced into any direction but simply objectively address their
— In case of success: linkage to a wider CBM strategy, focused on com- questions and concerns. Last but not least, the composition of such group
munity development taking into consideration potential return and visits should reflect the diversity of displaced persons in terms of gender,
reintegration needs. age, socio-economic and educational profile, and other relevant factors, as
members belonging to the different groups have different needs, expecta-
What to consider and to look at? tions and contributions to make, which need to be taken into consideration.
While exploring displacement-relevant CBMs in seeking opportunities for
solutions to displacement, do not lose sight of possible security implications

85
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20

— Liaise effectively with relevant actors at all levels and times necessary
to carryout appropriate co-operation arrangements;
— Become familiar with the mandates, roles and responsibilities, of the Description
different international, national and local actors, including security Previously, we have seen that durable solutions for IDPs and refugees are
providers, as relevant to the situation; impacted by the broader peacebuilding process. The search for and imple-
— In close consultation with relevant actors, discuss and agree upon mentation of durable solutions, starts during displacement and is a complex
roles and responsibilities for specific CBMs, on the basis of each ac- process which also continues over a long period after repatriation, return
tors’ mandate, field of expertise and capacity; or local settlement have taken place. Repatriation and return movements
— Closely co-operate with UNHCR and other relevant actors in imple- can include spontaneous individual or small group movements, as well as
menting and supporting displacement-relevant CBMs; facilitated larger movements. Voluntary repatriation in conditions of safety
— Assist and support local authorities and local civil society actors in and dignity is often the preferred durable solution for refugees.
building their capacity to assume their relevant responsibilities;
— Consider linking displacement and solution-relevant CBMs with wid- For IDPs, the expression ‘return’ masks a wide variety of phenom-
er CBMs geared towards supporting community developments; ena. In some situations, spontaneous IDP returns occur as security, gov-
— In the case of national minority issues linked to the conflict, ensure ernance and the rule of law are progressively re-established in areas of
close co-operation and long-term planning of a minority protection origin. On other occasions, massive returns are induced by governments
and integration strategy with the HCNM; even as armed conflict is latent or on-going. Particularly in situations of
— Include reports on CBM processes in your regular reporting. low level protracted conflict, IDPs may move cyclically between places of
origin and places of displacement, as violence evolves, or may progres-
Recommended reading sively move closer to their homes, making it difficult to pin-point when
— a return movement starts and ends. This stands in stark contrast to most
refugee repatriation movements, which normally occur in the framework
available at: of formal, legal and operational agreements between the concerned States
— and UNHCR. The difference between IDP return and refugee repatriation
is also of a legal nature. Voluntary repatriation normally signifies the ex-
pression of the refugees’ will to re-avail themselves of the protection of
their state, thereby, marking the end of refugee status. In contrast to this,
— internal displacement is not a legal status but rather a category express-
available at: ing the humanitarian needs and violation of rights linked to displacement,
which does not simply end with the return home. IDP return therefore
stands on a more problematic relationship to durable solutions as com-
pared to refugee repatriation. In some cases, IDP return merely entails
a physical movement closer to the conditions that caused displacement
in the first place, thereby creating renewed protection problems. In such

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cases, advocacy with national authorities and other duty holders is of par- or decided to move to another part in the country (refugees or IDPs). While
ticular importance. repatriation, return and (re)integration monitoring is seldom feasible at the
individual level, your attention should focus on major repatriation/return
A durable solution is achieved when IDPs no longer have any specific locations or IDP locations, where (re)integration in new communities is
assistance and protection needs that are linked to their displacement and taking place.
can enjoy their human rights without discrimination on account of their
displacement. This can be achieved through: sustainable (re)integration at Note: Within this section, ‘persons of concern’ refer specifically to refugees
the place of origin (return), sustainable local integration in areas where IDPs and IDPs in the process of a (re)integration situation as a durable solution
take refuge (local integration), or sustainable integration in another part of to their displacement.
the country (settlement elsewhere in the country). The search for any of
these durable solutions for IDPs is a gradual and often long-term process Key elements to establish the basics for monitoring
of reducing displacement specific needs and ensuring the enjoyment of hu- — The presence of UNHCR and ICRC in repatriation/return areas, man-
man rights without discrimination. It occurs in a context of politico-mil- dates, situation specific roles and responsibilities, including an institu-
itary, socio-economic, human rights, humanitarian, rehabilitation, devel- tional lead role (i.e. specified in peace agreements); the OSCE’s pres-
opment and peacebuilding challenges. As such it requires the co-ordinated ence, mandate and capacity, in order to facilitate complementary ac-
and timely engagement of a wide range of national and international actors tion;
in these fields. The OSCE, with its broad security mandate, is well placed — The extent to which repatriation/return or relocation are accepted by
to support this process from a variety of cross-dimensional perspectives, the local community concerned;
including a human rights monitoring perspective. Structured monitoring — Full and unhindered access to areas of return and (re)integration by
of the complex repatriation or IDP return and (re)integration process is crit- specialized agencies and relevant actors, and the possibility to visit
ical in order to ensure the timely identification of security and protection and speak freely to persons of concern of all gender, age and diversity
incidents, promote and facilitate equal access to rights and effective rem- backgrounds;
edies, as well as to alert appropriate authorities, institutions and security — The existence of a comprehensive inter-agency monitoring framework,
providers in a timely manner on possible political, institutional, or admin- and potential OSCE contribution to it, in line with OSCE mandates;
istrative wrong-doings (i.e. at the local level), in order to engage them in ad- — The existence of baseline data in order to monitor progress and evalu-
dressing the problems promptly. In this sense, effective monitoring is both ate the sustainability of durable solutions.
a powerful protection tool as well as a means to build and strengthen good
governance, to support human rights compliance and local capacities, and Key elements underpinning the monitoring of durable solutions
to effectively respond to protection challenges related to the peacebuilding — Rights-based approach: rights, needs, and interests of persons of con-
process. cern should be the primary consideration that guides policies, decisions and
programmes, as well as the monitoring of durable solutions;
You are now in a context in which refugees and IDPs have opted for
the best durable solution to their particular situation. They have either re- — State responsibility: national and local authorities are responsible
patriated or returned to their communities of origin (refugees or IDPs), or and need to lead and own the process of supporting return, relocation and
decided to stay and integrate where they are (IDPs in their home countries), (re)integration. This is ideally complemented by national/local civil society;

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— Community-based approach: monitoring should verify whether re- — Security sector reform (SSR): disarmament, demobilization and rein-
sponses address the rights, needs and interests of persons of concern, in- tegration programmes (DDR) led by national authorities to control small
cluding the receiving community and whether they are conducive to facili- arms and light weapons, de-mining programmes, redress of past crimes and
tating their participation in the management of durable solutions; promoting of reconciliation via transitional justice mechanisms, effective
and accountable security;
— Diversity approach: monitoring should verify if the specific needs of
the different groups of concern are taken into consideration, particularly — Policing: law enforcement, their capacity, composition (i.e. multi-eth-
those of persons and groups with a certain risk profile in relation to gender, nic) and existing policing mechanisms, the role of women in policing, access
age and diversity; of all groups to police, integration of security measures into the national
security network, arrangements for co-operation on security issues within
— Integrated planning and co-operation approach: monitoring should the international community;
consider if the interactions among political, economic, human rights, hu-
manitarian, development and peacebuilding actors are likely to be comple- — Specific risks by persons of concern and law enforcement: are there
mentary and support a smooth transition from post-conflict short-term different risks from those experienced by the rest of the population? Are
relief towards long-term development and democratization. Displacement the risks higher for some groups of concern depending on gender, age and
affected communities should ideally be included in national development diversity? Are judicial proceedings less frequently initiated in the case of
and poverty reduction plans. crimes against persons of concern or are these less likely to be prosecuted?

A number of criteria determine to what extent a durable solution has — Freedom of movement: existence of full freedom of movement for all,
been achieved. IDPs, who have achieved a durable solution, have overcome to the extent that everyone can freely leave and return. Restrictions on free-
their displacement and are able to fully enjoy their human rights without dom of movement, including those caused by practical and other barriers
any type of discrimination. (unsafe roads etc.); and official and unofficial restrictions imposed by au-
thorities for reasons of national security, public order, public health or the
Key categories of monitoring rights and freedoms of others and the impact of those restrictions on per-
sons of concern regarding access to employment, markets, land, schools and
Safety, security and freedom of movement the ability to become self-reliant.
— Existing personal security and safety risks in areas of return and reinte-
gration, including: attacks; acts of violence and harassment against persons Access to and replacement of personal documentation
of concern; SGBV; the presence of landmines and unexploded remnants of — Access of persons of concern, i.e. refugees, asylum-seekers, IDPs,
war, the presence of organized crime and gangs; abuse and exploitation; returnees, stateless persons and other persons of concern, (on equal
and the abuse of power by security forces, humanitarian and peace keep- terms with other nationals) to identity documents and passports, civil
ing actors, authorities responsible, or other local actors from within the status documents (e.g. marriage, divorce, adoption, birth and death
community, which are likely to affect women, girls and separated children certificates), property documents and other key documents required
disproportionately. Signs of human trafficking, including for the purpose of for access to work and to essential services, such as health cards, em-
sexual or labour exploitation or organ removal; ployment, education, or pension records;

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Phase IV

— The issuance, reissuance or renewal of documents without major ob- risks confront persons of concern as a consequence of unem-
stacles (i.e. having to return to the area of origin): Can lost copies be ployment or unlawful employment (i.e. engaging in sex trade for
replaced with simple procedures? Are there safe and efficient mecha- survival)?
nisms to establish identities and obtain the documents required? Fair- — Situation of persons of concern with specific needs: are they covered
ness of process: are there other obstacles, such as high fees, lengthy by existing national programmes or covered by the community? Ca-
procedures and frequent renewal requirements? 21 Do women and men pacities of such programmes.
of concern both have equal access to documents issued in their own
name? Housing, land and property issues
— In the absence of responsible national structures to issue or replace — Housing and land: Do persons of concern have an intact home to
documentation, are other institutions and/or local authorities issuing which they can return? If not, what became of the land and housing
documentation? Are these recognized by the national authorities, or left behind: was it destroyed, occupied, confiscated, sold (under du-
are the documents issued by national authorities recognized by local ress) or did legal reforms (i.e. privatization, nationalization) take place
authorities? after displacement? How does this affect persons of concern? Have
— Consequences of lack of identity or civil status documents for persons they been allocated temporary housing and are there programmes for
of concern, including the fact that some rights cannot be enjoyed with- rebuilding and reconstruction?
out documentation, for example: access to one’s own property, health — Situation of tenants, informal settlers and other legitimate occu-
care, education, and social welfare, local residency permits (if appli- pants and users of housing, their ability to return and repossess
cable), and certain types of employment, etc. and use their housing, land and property in a similar manner to
those possessing formal ownership rights;
Adequate standard of living — Alternative arrangements for IDPs and conflict-affected families
— Ability of persons of concern, including the most vulnerable, to meet occupying homes/properties of others displaced;
their basic needs and access essential food and potable water, basic — Property laws: are they discriminatory against women, and do
shelter and housing, appropriate clothing and essential medical ser- housing, land and property restitution programmes, policies and
vices and sanitation. Are persons of concern disproportionately af- practices recognize the joint ownership rights of both male and
fected by poverty and did their livelihood deteriorate compared to female heads of households? Do inheritance laws have a discrimi-
their situation before flight? natory effect or do obstacles prevent persons of concern from
— Access by persons of concern to specialized humanitarian aid relevant inheriting property (i.e. absence of death certificate, etc.)
to durable solutions; — Property issues: remedies for restitution or compensation for land,
— Equal access to wage-earning employment and to just and favourable housing, and property of which persons of concern have been arbi-
conditions of work without discrimination; trarily or unlawfully deprived. Are special procedures established to
— If barriers exist, are these different from those faced by the rest of deal with housing, land and property claims? Additionally consider:
the population or some groups in particular, and what protection — Can tenants, social occupancy right holders or other legitimate
users also file claims?
— Has the restitution of housing, land, and property been given
priority as the preferred remedy?

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Phase IV

— If restitution is not possible, has adequate, fair and just compen- process. Displacement only effectively ends when rights are fully restored
sation been provided? and can be enjoyed without discrimination, when displacement-related vul-
— Is legal assistance for filing claims available when required? nerabilities are addressed, and communities are integrated and socially co-
— What support is available for persons of concern with specific herent, and thus able to address the underpinning causes of displacement.
needs, including those who cannot read or write, as well as sepa- Hence, the sustainability of durable solutions is an important issue to con-
rated children, in order to ensure that they are not denied access sider in the monitoring process. Monitoring this complex process requires
to restitution or reparation processes? in-depth understanding of the conflict background, the type of displacement
— Are decisions in favour of repossession enforced? If so, is it done which occurred among the various groups affected (asylum and international
in a way that prevents looting by unlawful occupiers or hardship protection versus internal displacement), the rights and the needs of people
for those to be evicted who could likely be IDPs themselves? and communities affected, as well as of the roles and responsibilities of na-
tional and international actors involved in the post-conflict phase. You will
Access to public services, including health care, education and need to be aware of the institutional responsibilities of the main actors in-
social welfare volved in this process, i.e. as per their mandate (for example UNHCR being
— Immediate medical aid and health care: unhindered access to health responsible for repatriation of refugees and monitoring the consequences of
care, including specialized care for persons of concern in need. Do possible repatriation), and those stipulated in relevant peace accords (and other rel-
obstacles (i.e. lack of documentation) prevent this, or are there other obsta- evant agreements), or locally agreed arrangements. Structured monitoring is
cles of legal or practical nature (i.e. insufficient female doctors for women or usually based on a comprehensive framework to be agreed among the main
the need to travel long distances to visit a female doctor) preventing access players so as to facilitate complementarity and make strategic use of exist-
of persons of concern to these services? ing capacities and expertise. Depending on the above aspects, the OSCE’s
role in post-conflict durable solution monitoring is likely to be of a comple-
— Education: free access to education and formal schools in a language mentary nature that supports the efforts of mandated specialized agencies,
that persons of concern understand; universal enrolment rates of boys and whilst strengthening the capacity of local governmental and non-governmen-
girls at the all levels; are there obstacles to education participation (i.e. sup- tal structures to deal with the implications and consequences of return and
port for children who have missed out on schooling due to displacement) (re)integration and to establish good governance structures and practices.
and how are these being addressed?;
Monitoring should never be an objective in itself, but a means of
— Welfare: access to existing national social welfare programmes by per- promptly identifying essential problems affecting persons and communities
sons of concern and the extent to which they can cover the needs of the of concern, with a view to facilitating remedies through appropriate (local)
vulnerable, i.e. persons with disabilities, single female households without structures. Therefore, monitoring is a protection tool and, at the same time,
income, isolated elderly without family support, and others. Social meas- an instrument for local capacity building. Moreover, if critical protection
ures taken by the community and ways to support such measures. issues are identified and addressed through effective monitoring and timely
follow-up action, this can reduce the likelihood of tensions resurfacing and
What to consider and to look at? therefore contribute to the prevention of conflict and relapse into hostili-
Successful integration or (re)integration of refugees and IDPs in new com- ties. Hence, effective monitoring (and follow-up action) at its best, can also
munities or their communities of origin is a multi-layered and long-term have a conflict preventative effect.

95
Phase IV

Another important aspect when monitoring durable solutions in the areas of monitoring agreed on and in accordance with the mission’s
post-conflict phase is the need to see the bigger picture of the return/ mandate;
(re)integration environment by also acknowledging the rights, needs and — Develop an in-house monitoring plan, ensuring regular outreach to
perceptions of the wider community. The wider community may have simi- communities and people concerned, adequate recording, update of
lar needs as persons of concern, which however, may have remained un- findings and related analysis;
addressed through international efforts. This could work against the pro- — Ensure timely (and, if needed, confidential) sharing of your monitoring
cess of (re)integration. Thus, to the extent possible, the overall reception findings with relevant actors and discussions to agree on and harmo-
environment needs to be supported both in terms of upgrading gener- nize appropriate follow-up action;
al absorption capacities, as well as supporting relevant social processes. — In case of non-compliance by local authorities/actors in communities
Considering these aspects in monitoring has the capability of detecting concerned, consider harmonized interventions with the main relevant
negative communal developments and thus can trigger timely rectifying actors vis-à-vis central authorities with a view to facilitating rectifying
interventions. action and preventing future non-compliance;
— Include durable solution issues in your regular reporting;
Particular attention needs to be paid to people with the most press- — Liaise with relevant OSCE institutions such as the HCNM, with a view
ing needs and potential protection issues. They include elderly, chronically to facilitating interventions and adequate high-level political external
sick and disabled people without adequate support, single female headed co-operation as needed;
households without income, separated children and other persons with a — In case of a pattern of serious and repeated non-compliance by na-
risk profile. These persons or groups may not always be visible to you, but tional and local authorities, recommend appropriate action to the Sec-
will depend the most on your monitoring and follow-up action for their retary General and the Chairmanship;
protection and assistance, and to exercise their rights. — Consider programmatic activities in support of building local capacity
to address durable solution issues, including by enhancing co-ordina-
22
tion among relevant local stakeholders;
— Become familiar with the mandates, roles and responsibilities of inter- — Establish regular channels and briefing practices for OSCE participat-
national organizations, as well as national and local actors relevant to ing States in order to provide information about trends and develop-
the situation and for a comprehensive post-conflict strategy; ments related to potential or actual risks.
— In close co-ordination with UNHCR and ICRC, as well as with other
main actors, discuss the OSCE’s monitoring role and contribution and Recommended reading
ideally integrate it into an (existing) or to be developed overall moni- —
toring framework based on the mandates and capacities of the main
actors involved;
— In close co-ordination with UNHCR and ICRC (and others as applica- available at:
ble), gather existing or establish new baseline data as relevant for the —

and

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Phase IV

right of public participation, governmental accountability and the existence

of an independent, impartial and informed judiciary. Effective participa-
— tion in public life requires an approach towards integrating diversity and
addressing vulnerabilities in order to facilitate equal access and enjoyment
of rights by all. In previous chapters we have seen that IDPs and refugees
undergo long journeys before their displacement-related vulnerabilities are
— addressed and they can effectively enjoy their rights in communities which
are willing and able to accept and cope with the complex challenges of the
(re)integration process. Similarly, (re)building strong, inclusive and demo-
cratic institutions and structures required for good governance, following
— violent (and enduring) conflict, is likely to be a complex and lengthy pro-
available at: cess. The ability of IDP and refugees to effectively overcome displacement,
— (re)build their lives and enjoy equality is a challenge and at the same time
an opportunity for (re)building good governance. Persons of concern are
entitled to recognition before the law and to equal protection by the law.
Therefore, issues relating to conflict-induced displacement and its conse-
at: quences, for example housing and property issues or full and equal access
guidance/essential-protection-guidance-and-tools/hlp-essential- to municipal services also by returnees belonging to a national minority,
guidance-and-tools/hlp-essential-guidance-by-themes/hlp-and- need to be systematically mainstreamed into and addressed by a post-con-
flict good governance strategy. This will not only help persons of concern
effectively claim their rights and participate in all spheres of society but also
support democratization and the building of sustainable, fair and efficient
good governance capacity. Ultimately, both will contribute to long-term
stability and prevention of relapse into hostilities and conflict.

Key areas for mainstreaming return and (re)integration issues

Description into good governance
To ensure that human rights are effectively protected at all levels and for all Note: Within this section, ‘persons of concern’ refer specifically to refugees
population groups, proper systems of good governance must be in place. and IDPs in the process of a (re)integration situation as a durable solution
Many of the elements necessary for good governance are, in fact, human to their displacement.
rights related. These include: legality and the rule of law, absence of dis-
crimination, participation, procedural and substantive fairness in the deci- Access of persons of concern to information:
sion-making process, access to information and absence of corruption, an — The level of awareness of persons of concern about their rights and ob-
independent civil service, as well as the right to judicial review before an ligations, as well as of ways to realize the rights in the various spheres
independent and impartial tribunal. At the heart of good governance is the of life, i.e. through legal remedies;

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— Access of persons of concern to local structures (governmental organi- concern have to return home in order to participate in national elec-
zations and NGOs) involved in supporting the (re)integration process; tions and do obstacles exist that prevent participation in elections
— Access of persons of concern to public information (print media and (i.e. lack of documentation, lengthy renewal procedures and fear
radio) in a language they understand. among persons of concern to register for elections)? Can persons
of concern vote in local elections in places of displacement and/or
Access of persons of concern to the national justice system: in areas of origin?
— Strengthen rule of law institutions and their capacities to prevent the — Ability of persons of concern, both women and men, to associate freely
recurrence of violations: required reforms, capacity building, includ- and participate equally in public affairs: legal impediments preventing
ing awareness raising and specific training of public servants and ju- persons of concern from establishing or participating in civil society
dicial staff on the rights and needs of persons of concern, as well as organizations or NGOs;
the need for confidence-building between persons of concern and rel- — Freedom of opinion in public life without repercussions.
evant authorities;
— Transitional justice mechanisms in place: including mechanisms to ad- Capacity of relevant local structures and rule of law:
dress the most serious crimes and human rights violations, impunity — Capacity of national administrative, judicial, penal and human rights
issues and effective mechanisms for witness protection. The capacity institutions and NGOs to protect persons of concern and their re-
of transitional justice and its impact on removing the root causes of sources provided to them;
displacement, and the level of satisfaction by persons of concern with — Quality of decisions taken by national institutions with respect to per-
existing mechanisms; sons of concern, in compliance with national law and regional/inter-
— Legal or practical obstacles for persons of concern in obtaining effec- national standards;
tive remedies through the competent national justice system for viola- — Level of independence of judicial, human rights and institutions from
tions of rights, including free access to courts, availability of legal aid the executive power;
or interpretation and due process guarantees; — Existing legislation concerning national human rights institutions:
— Ability, also of vulnerable persons of concern, to obtain effective rem- ability to investigate at their own initiative situations and cases of re-
edies; ported human rights violations, resource situation of relevant NGOs,
— Recognition and enforcement of decisions by courts, tribunals or other including sustainable State funding;
administrative authorities in the areas of origin or places of displace- — Possible gaps and obstacles in national laws that regulate the operation
ment; of national institutions and NGOs, which prevent them from extend-
— SGBV referral to the national justice system: is rape systematically ing effective protection to persons of concern;
prosecuted and convicted? Typical punishment for sexual abuse/rape. — Competence of local governmental and NGO structures in the field of
human rights, refugee and humanitarian law and use of best practices
Participation of persons of concern in political processes, relevant for repatriation, return and (re)integration issues;
public life and elections: — Freedom of movement of relevant NGOs and their staff;
— Ability of persons of concern, both women and men, to participate — Interface and level of co-operation between national/local govern-
in political processes and in public life without discrimination, ex- mental and non-governmental structures with regard to persons of
ercise their right to vote, and stand for public office. Do persons of concern;

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— Availability of referral mechanisms among institutions concerning the of their rights. The challenge here lies with considering the displacement-
protection and assistance of persons of concern. related needs and vulnerabilities of persons of concern, in the process of
their (re)integration, in order to enable them to effectively enjoy their rights
Economic integration and long-term development: and participate in public life as other citizens can. This aspect should fea-
— Existence of local economic support schemes for persons of concern ture in the design of the overall post-conflict good governance strategy in a
to (re)integrate and (re)start sustainable livelihoods; displacement context. A pre-requisite for this is that persons of concern are
— Existence of specific strategies for areas affected by large displace- or become aware of their rights and duties, as well as of their concrete pos-
ment or IDP and refugee return movements. Displacement-affected sibilities regarding ways to successfully (re)engage and participate in public
communities should ideally be included in national development and life. Similarly, it is important that relevant authorities and municipal officers
poverty reduction plans; are aware of displacement related issues and challenges, and become com-
— Existence of mid- and long-term development plans, bridging the gap petent to address them adequately in their local action. This may require
between post-conflict relief, basic rehabilitation, as well as long-term substantive training and capacity-building efforts which should be carried
development activities; out in close co-operation with specialized agencies. While it is important to
understand the displacement-related vulnerabilities of persons of concern,
Adherence to international norms and standards in law and it is equally important to consider the needs and capabilities of the wider
practice: community. Thus, persons of concern should not be singled-out as persons
— A strong human rights regime, established at the national level, that who have more or different rights than others (or even privileges), but rather
addresses the full range of needs of persons of concern through ac- as persons with specific needs resulting from their displacement and who
cession to, ratification of or strengthening of relevant international or require specific action to ensure their effective equality before the law and
regional instruments with regard to refugee law, statelessness, human within the public life of the community and country. Even though the needs
rights law, international humanitarian law and international criminal and challenges of a post-conflict environment are complex and might seem
law; overwhelming, a good governance strategy has to strive for balance in ad-
— Incorporation of the United Nations Guiding Principles on Internal dressing equality issues for all people and generating opportunities for all
Displacement into the implemention of national legislative and policy to access and realize their rights, as well as finding appropriate remedies,
frameworks on internal displacement; as needed. This concept should be mainstreamed into all good governance
— Inclusion, in national law and policies, of international norms and processes, linking-up legal, judicial, administrative, political and econom-
standards contained in international and regional instruments, cus- ic aspects within a long-term strategy. Furthermore, a good governance
tomary law and soft law; strategy is: comprehensive and multi-annual, facilitates a smooth shift from
— Application of national laws in a manner that allows persons of con- post-conflict relief and rehabilitation towards a wider durable solution and
cern to enjoy their rights. development; and supports political inclusiveness, human rights and demo-
cratic processes. This will also be critical for the success and sustainability of
What to consider and to look at? (re)integration processes and a stable basis for peaceful co-existence.
Also here your starting point is that persons of concern have the same rights
as other citizens and legal residents. Thus, the State is responsible to protect
and respect their rights, as well as to actively support them in the realization

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23
special attention on the specific needs of persons of concern, with all
Address durable solutions related good governance issues in your program- relevant governmental actors;
matic activities and include relevant developments in your regular report- — In close co-operation with relevant actors, including UNHCR, ICRC
ing. Liaise closely with OSCE executive structures mandated to work in and other specialized agencies, support and advise the government on
related fields, especially ODIHR, the HCNM and the RFOM. strategy and policy development for (re)integration and the develop-
ment of a sustainable durable solution strategy;
Access to information: — Support legal reform processes by means of advocacy and legal advice;
— Support local actors in providing persons of concern with information — In close co-operation with relevant actors, including UNHCR, ICRC
on their rights, obligations and channels for legal remedies. and other specialized agencies, raise awareness and support compe-
tence-building through training and capacity-building of law enforce-
Access to national justice system: ment agencies and other relevant national and local governmental and
— Advocate for the rule of law and access to justice to be duly consid- NGO actors on the rights and needs of persons of concern;
ered in integration and development plans and in other strategic docu- — In close co-operation with relevant actors, including UNHCR, ICRC
ments; and other specialized agencies, support key local level government
— Advocate with relevant authorities for the granting of access to justice institutions, in order to lead and oversee responses to (re)integration
to persons of concern on the same terms as (other) nationals, in a lan- needs, priorities and challenges;
guage they understand; — Comment on national legislation to expand the competence or level
— Monitor court cases and conditions of detention. Advocate with lo- of independence of relevant national institutions so as to promote the
cal counterparts that cases involving persons of concern are properly security, welfare and rights of all, including persons of concern;
investigated, prosecuted and resolved. — Support authorities in setting-up fair and effective court systems;
— Ensure that strategies and initiatives for reform of the judicial or ad-
Participation in political processes, public life and elections: ministration system include relevant safeguards to protect the rights
— In close co-operation with ODIHR, advocate, with relevant authori- and well-being of persons of concern;
ties, for appropriate electoral arrangements to enable persons of con- — In close co-operation with relevant actors, including UNHCR, ICRC
cern to vote and to stand for public office and support them in facili- and other specialized agencies, support or strengthen legal aid actors
tating appropriate arrangements; to assist persons of concern in availing themselves of their rights;
— Advocate with relevant authorities to address all existing legal or other — In close co-operation with specialized agencies, support the establish-
impairments that limit the fundamental freedoms persons of concern, ment and functioning of independent national human rights institu-
including freedom of assembly and freedom of opinion. tions and train them on relevant issues;
— To the extent required, and in close co-operation with specialized
Capacity of relevant local structures and rule of law: agencies, intervene with relevant institutions on individual cases and
— Promote an integrated approach to human rights and protection, with security and human rights gaps;
— Support community policing, taking into account ethnic sensitivities,
as well as gender, age and diversity issues;
— Support community-based social cohesion programmes.

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Phase IV

Economic integration and long-term development:

— Advocate for the sustainability of durable solutions, by supporting rel-
evant community needs in long-term post-conflict recovery and na-
tional, as well as regional development agendas. Effective bridges may Description
be needed to overcome gaps between humanitarian response and de- Conflict always creates harm and suffering, often for all sides of the con-
velopment. This will need facilitation of access for returned commu- flict, and especially for civilian populations. Displacement in the context of
nities to development projects and policies. violence, persecution and violations of international humanitarian law and
human rights is one of the most serious expressions of the harmful effects of
Adherence to international norms and standards in law and conflict. While there are many examples of successful large return and (re)
practice: integration processes in the aftermath of conflict, the harm and trauma that
— Assess which international and regional instruments have been rati- people have suffered as part of violent conflict (and related displacement)
fied by the country and any possible gaps; cannot be undone and should not be ignored. Thus, the way that societies,
— Advocate for accession and ratification as relevant. Translate, publish communities and individuals cope with and respond to painful experiences
and disseminate promotional material and support UNHCR, OHCHR and injustice occurred during conflict and displacement is likely to influ-
and ICRC and other relevant actors in their efforts to promote acces- ence the future. This suggests a close link between return and (re)integra-
sion to international instruments that underpin the protection and tion and reconciliation, as the two processes can be interdependent and
security of persons of concern, protection of national minorities and mutually reinforcing: a well-managed and successful (re)integration process
other relevant issues; is likely to strengthen constructive dialogue and social interaction among
— Provide expert and technical assistance where needed and as available. population groups concerned. At the same time, a positive social dynamic
in the country and places of origin, showing clear signs of preparedness to
Recommended reading deal constructively with the past, can encourage refugees and persons still
— displaced in their decision-making about whether to return and rebuild
their lives in their country and home communities.

available at: ‘Reconciliation’ as a concept is associated with different meanings and

— processes; hence there is no general agreement among academics and prac-
available at: titioners on its precise meaning. In its most frequent use, reconciliation
— relates to dealing with the past, and therefore centres primarily on issues
related to acknowledgement of perpetrated acts and transitional justice.
Reconciliation also stresses the pivotal roles of remembrance and memory
— as well as overcoming historical myths and legacies.
available at:
— A working definition provided by the OSCE CPC in the Food-for-
Thought Paper ‘Towards a Strategy for Reconciliation in the OSCE Area’,
describes reconciliation as a process that aims to overcome conflicts by

106
Phase IV

breaking the vicious cycle of mutual misperceptions and divisive memo- an invaluable contribution in support of society, local communities and
ries, often resulting in violence, through the transformation of political and persons concerned on this difficult road.
societal relationships. These should be based on notions of trust, equality,
acceptance of differences, positive perceptions of each other, partnership, Key considerations for reconciliation in the context of return
active friendship and mutual or joint interests. In this respect, reconciliation and (re)integration
does not only have a political, and thus pragmatic side, but also a cognitive While there is no ‘one-size-fits all’ approach to reconciliation, there are ar-
dimension to the process in which patterns of historically rooted animosi- eas which are likely to be relevant for all or most processes. They include:
ties are to be broken and transformed into constructive relations by chang-
ing perceptions. — Psychological dimension: the history of what happened – individual
and communal experiences – addressing the psychological legacy. Deeply
The process of reconciliation is a hard and difficult road. An important contested interpretations of the past exist and the past normally continues
aspect of reconciliation is to consciously and systematically address those to impact on the present (i.e. the loss of family members, loss or destruction
aspects of grievances which can potentially be remedied. This includes the of homes and property, trauma and loss of rights etc.).
systematic restoration of rights, recognition of international humanitarian
law and human rights violations and responsibilities (including displace- — Social dimension: (re)integration takes place in a local and community
ment) and ultimately the seeking of truth and justice as a foundation. It fur- context involving the receiving community, returnee groups and other local
thermore includes the drawing of potential legal, institutional and societal actors. Thus, community and grassroots, as well as other bottom-up initia-
lessons, with a view to preparing the ground for a collective ‘never again’. tives, also facilitating the participation of persons of concern, are likely to
have an enhancing potential. Women and youth can play an important role
Every reconciliation process is different and depends on the nature of in this process, as they are often seen as not having taken an active part in
the conflict. While there is no general model, historic experiences indicate the conflict.
common features and successful mechanisms, such as strong and unam-
biguous political leadership and political will to engage in a process which — Political dimension: vision, leadership, risk taking and a sense of re-
implies self-reflection and often political risks. sponsibility and commitment on the part of political leaders are crucial el-
ements in advancing reconciliation processes. Reconciliation cannot hap-
While the complex process of reconciliation can be supported from pen if leaders lack the political will and fear the consequences of taking
the outside, it clearly needs to be owned by the society and local commu- risks. Personal relations and direct communication between leaders are also
nities affected, as well as accepted by those who have suffered the most. fundamental to the reconciliation processes. Symbolic gestures by political
In supporting (re)integration, lasting peace and reconciliation processes, leaders can make an important difference and influence the perception of
multiple actors, institutions and levels of activities are required. This in- all sides in a positive way.
cludes civil society, IDPs, refugees and displacement-affected communities
(e.g. host/ returnee communities). The ability to re-build vibrant, diverse — Justice and legal dimension: determination of facts, establishing and
and sustainable communities after violent conflict and mass displacement seeking the truth, recognition of international humanitarian law and human
is the ultimate objective of a successful reconciliation process. Although rights violations (and responsibilities of past violations), systematic resto-
external interventions in this process are limited by nature, they can make ration of rights especially of those directly relevant for repatriation/ return

108 109
Phase IV

and (re)integration, such as housing and property rights, mechanisms for What to consider and to look at?
obtaining justice, including restorative justice, reparation and compensa- It is important to become aware of and recognize the existing limitations
tion. The facilitation of relevant legal initiatives and legal reform. of external interventions in reconciliation processes. Reconciliation can-
not be imposed from the outside, and reconciliation processes need to be
— Institutional dimension and rule of law: capacity of rule of law insti- owned and supported by the communities and the society affected. Recon-
tutions and frameworks on the national, bilateral, and regional levels. Na- ciliation processes are multifaceted and lengthy and sometimes require the
tional level: strengthening of the rule of law and democratic institutions, continuous and determined effort of several generations. It is important for
democratization, respect for human rights and fundamental freedoms, external actors to focus on those reconciliation-relevant issues which can
through reforms, local capacity-building, training, confidence-building (and should) be addressed and where the contributions of external actors
measures and transitional justice mechanisms. Gaps and obstacles in na- can add value to the efforts of national and local actors. The dimensions of
tional legislation: quality and scope of existing legislation concerning hu- reconciliation processes include legal and institutional, political, economic
man rights and independence of judicial and other relevant institutions and social initiatives and look both at the past (with view to remedying
from the executive power. grievances) as well as at the future with view to addressing root causes and
preventing new conflict. Rule of law and human rights initiatives can play an
— Educational dimension: educational reform (i.e. legal/legislative, important role in re-establishing rights, assessing damage and loss, as well
technical/pedagogical and content/curricula), including textbook reforms, as facilitating remedies. While looking at legal and institutional aspects, also
training for teachers, and access to education in a language understandable be attentive to community-based social opportunities for dialogue and posi-
to persons of concern, as well as involving the youth in social and commu- tive interaction, for example, by supporting potential grassroots initiatives.
nity initiatives (i.e. sport events etc.). Educational reform should include
conflict sensitive guidance for the development of education interventions Your starting point in supporting post conflict reconciliation in the
and ensure that conflict sensitivity is incorporated in education policies context of (re)integration is to support local ownership and broad-based
and programmes. participation of persons of concern (at all levels and in all relevant areas). In
addition, provide guidance and support to relevant national and local struc-
— Regional and international dimension: structured and focused co- tures and actors and their evolving capacities. Consider that sometimes
operation among influential countries or countries affected by the former women, the elderly and the youth are more willing and able to initiate con-
conflict (e.g. refugee hosting countries, neighbouring countries) with view structive interaction and therefore can play an important role in reconcili-
to resolving outstanding displacement-related issues and facilitating du- ation processes as they might be seen as ‘not having blood on their hands’.
rable solutions for all affected by displacement. Development of bilateral, While older community leaders may have positive memories of a common
multi-lateral and regional instruments of co-operation to ensure continuity and peaceful history prior to conflict (and the authority to remind the com-
in communication and relationship building; facilitate dialogue and tech- munity of this), young people who did not directly take part in the conflict,
nical co-operation; establish parameters for creating bilateral and regional may have a strong focus on the future and its opportunities. While women
working groups; develop action plans that address the specific needs to be and mothers may have suffered much during conflict and displacement, and
resolved; and joint information campaigns to inform remaining IDPs and have had to shoulder additional burdens, they may be more willing to apply
refugees on the conditions for durable solutions. a pragmatic approach and engage into solution-focused dialogue.

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Phase IV

Remember, successful and sustainable (re)integration of the women

and men, girls and boys displaced by conflict is a powerful expression of the
willingness and ability of the parties concerned to address at least parts of
the consequences of the conflict and look towards the future. In this pro-
cess, local authorities have an important role to play in promoting recon-
ciliation and peaceful coexistence. Supporting this process will contribute
to strengthening society as a whole and supporting its efforts on the way
towards reconciliation and a peaceful future.

24

Address reconciliation in your programmatic activities and include relevant

developments in your regular reporting. Liaise closely with other OSCE ex-
ecutive structures such as ODIHR or the HCNM.

— Assess whether the rights of persons of concern are being restored and
identify possible obstacles;
— Assess whether conflict-related human rights violations and violations
of international humanitarian law and responsibilities are being ad-
dressed, as well as their severity, and provide advice and support to Credit:
transitional justice mechanisms;
— Provide a general platform for dialogue and reconciliation as well as
for exchanges of relevant best practice and experiences; — Promote the role of the media in the reconciliation process to assist
— Encourage governmental and political parties involved in the past con- in creating positive images and perceptions as well as to address ste-
flict to engage in dialogue and technical co-operation to solve out- reotypes.
standing displacement-related issues;
— Encourage and support relationship-building between the receiving Recommended reading
community and returnee groups; —
— Support the work of civil society in reinforcing multi-lateral reconcili-
ation processes;
— Support educational reform processes, including conflict sensitive as- —
sessments of education systems and programmes, textbook reforms,
as well as community and youth initiatives;

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Phase IV

http://

pdf
—

Credit:

Credit:

115
Foreword

Mandates

The OSCE is a regional arrangement under Chapter VIII of the Charter of

the United Nations and a primary organization for the peaceful settlement
of disputes within its area, as well as a key instrument for early warning,
conflict prevention and resolution, crisis management and post conflict-
rehabilitation.

In Ministerial Council Decision No. 3/11 on ‘Elements of the Conflict

Cycle…’ participating States recognized that the “rights of persons at risk
of displacement or already affected by it, need to be effectively protected in
all phases of the conflict cycle.”

The OSCE Secretariat, the OSCE institutions and the OSCE field op-
erations operate under their respective mandates. This Protection Check-
list should be read and applied by OSCE staff members in conjunction with
the mandate of their respective executive structure. This document – a
practical reference tool for OSCE staff members exposed to persons at risk
of displacement or already affected by displacement and in need of effec-
tive protection – does not in any way serve as a basis for expanding OSCE
mandates, which remains the sole responsibility of the Permanent Council.

United Nations High Commissioner for Refugees

The Office of the United Nations High Commissioner for Refugees (UN-
HCR) was established on December 14, 1950 by the United Nations General

116
Mandates Mandates

Assembly. The agency is mandated under its 1950 Statute as well as under directs and co-ordinates the international activities conducted by the Move-
the 1951 Convention relating to the Status of Refugees, to lead and co-ordi- ment in armed conflicts and other situations of violence.
nate international action to protect refugees and resolve refugee problems
worldwide. Its primary purpose is to safeguard the rights and well-being
of refugees. It strives to ensure that everyone can exercise the right to seek
asylum and find safe refuge in another State, with the option to return home
voluntarily, integrate locally or to resettle in a third country. Also, the Gen- Special Rapporteur on the Human Rights of
eral Assembly has on several occasions recognized the special expertise of Internally Displaced Persons
UNHCR with internally displaced persons and encouraged the Office’s in-
volvement, within certain parameters. Established in its initial form in 1992 by the Secretary-General at the request
of the Commission on Human Rights, the mandate on the human rights of
Generally, UNHCR seeks to reduce situations of forced displacement internally displaced persons is part of the Special Procedures mechanism of
by encouraging States and other Institutions to create conditions which are the Human Rights Council. The Special Rapporteur’s mandate is serviced
conducive to the protection of human rights and the peaceful resolution of by the Office of the High Commissioner for Human Rights (OHCHR). In
disputes. In pursuit of the same objective, UNHCR actively seeks to con- accordance with the Human Rights Council Resolution A/HRC/RES/14/6,
solidate the reintegration of persons of concern, thereby averting the recur- the mandate is to, inter alia: engage in co-ordinated advocacy for the pro-
rence of displacement-producing situations. In its efforts to protect persons tection of the human rights of IDPs; engage in dialogue with Governments,
of concern, the organization works in partnership with governments, re- non-governmental organizations and other actors; contribute to strength-
gional organizations, IGOs and NGOs. By virtue of its activities, UNHCR ening the international response to internal displacement; and mainstream
strives to promote the purpose and principles of the United Nations Char- the human rights of IDPs into all relevant parts of the UN system.
ter: mainly by contributing to activities which promote international peace In addition, the Special Rapporteur conducts activities related to the
and security, developing friendly relations among nations and encouraging promotion and dissemination of the Guiding Principles on Internal Displace-
respect for human rights and fundamental freedoms. ment (E.CN.4/1998/53/Add.2) at the national, regional and international
levels; undertakes country visits; supports training and capacity- building
activities for governmental and non-governmental organizations, such as
the development of national policy and legislative frameworks on IDPs; and
conducts policy-oriented research. The Special Rapporteur submits annual
The ICRC is a neutral, impartial and independent organization whose ex- reports to the Human Rights Council and the General Assembly.
clusively humanitarian mission is to protect the lives and dignity of victims
of armed conflict and other situations of violence and to provide them with
assistance. The ICRC also endeavours to prevent suffering by promoting
and strengthening humanitarian law and universal humanitarian principles.

Established in 1863, the ICRC is at the origin of the Geneva Con-

ventions and the International Red Cross and Red Crescent Movement. It

118 119
 Global Cluster Architecture

The Humanitarian Reform process was initiated by the Emergency

Relief Coordinator, together with the Inter-Agency Standing Committee
(IASC) in 2005 to improve the effectiveness of humanitarian response in
emergencies (excluding refugees which are an exclusive responsibility of
UNHCR). The basis of the current international humanitarian co-ordi-
nation system was established by General Assembly resolution 46/182 in
Table 1. Cluster Lead Agencies at the Global level December 1991. The Humanitarian Reform of 2005 introduced new ele-
ments to improve capacity, predictability, accountability, leadership and
partnership. The emergency response capacity was reinforced at the global
level according to an agreed division of labour with specialized UN Agen-
cies Funds and Programmes assuming leadership in different areas of Hu-
manitarian response and to lead ‘Clusters’ (see Table below outlining the
global cluster leads).

Clusters are groups of humanitarian organizations (UN and non-UN)

and relevant government and civil society partners that work together to
co-ordinate emergency responses in specific sectors related to humanitar-
ian action, e.g. nutrition and health. They are created when clear humani-
tarian needs exist and where there are numerous actors within a sector
and when national authorities require co-ordination support. The Clusters’
work is based on the principles of partnership and accountability to affected
populations.

Health WHO 1. UNHCR’s Cluster Responsibilities

At the Global level, UNHCR has assumed the leadership of Protection,

Camp Co-ordination and Camp Management (CCCM) and Emergency
Shelter.

Within the Protection Cluster there are also thematic areas of re-
sponsibility covered by designated UN agencies related to Child Protection

120 121
(UNICEF), Sexual and Gender Based Violence (UNICEF/UNFPA), Hous- to ensure that there is no overlap in humanitarian activities and that all
ing, Land and Property (UN Habitat) and Mine Action (UNMAS). the needs of the beneficiaries are met. 25

The Global Protection Cluster (GPC) co-ordinates and provides global

level inter-agency policy advice and guidance on the implementation of the
cluster approach to Protection Clusters in the field and supports protec-
tion responses in non-refugee humanitarian emergencies. The GPC also In light of the growing recognition of the weaknesses in the multilateral
leads protection efforts and advises on standards and policy in complex and humanitarian response, the IASC Principals reviewed the approach to hu-
natural disaster humanitarian emergencies, in particular with regard to the manitarian response and launched the Agreement on the Transformative
protection of internally displaced persons. Agenda. In December 2012, the ‘TA Protocols’ setting out the parameters
for improved collective action in humanitarian emergencies were agreed.
2. OSCE Interaction With the Cluster System The protocols focus on three key areas: leadership; co-ordination and ac-
countability to affected populations, donors and governments.26
In countries where a new conflict or natural disaster has occurred, OSCE
offices need to be alert to the activation of the Cluster system by the UN A number of the TA protocols are aimed at large emergencies but
Counitry Team (UNCT) during the emergency period. This is usually for a contain principals which are also increasingly applicable in existing cluster
fixed duration as long as the situation related to conflict or natural disaster situations.
is in existence and the state continues to need support. This arrangement
is usually reviewed on a periodic basis. Activation of a cluster system in a country 27
At the country level not all global clusters may be activated but are based
OSCE offices can usually verify the status of active clusters in a coun- on needs identified through joint evaluations in-country.
try by referring to the Office of Co-ordination of Humanitarian Affairs
(OCHA) in the country.

3. ICRC Interaction With the Cluster System

In situations where clusters are put in place, the ICRC will neither take
the lead for any cluster, nor will it be a cluster member, as this approach
foresees formal accountability to the Humanitarian Coordinator and
ultimately the UN Emergency Relief Coordinator. The ICRC closely fol-
lows and supports UN humanitarian reform and does participate in field
co-ordination mechanisms; including as an observer at Humanitarian
Country Team (HCT) meetings and cluster meetings relevant to its pro-
grammes 25. The ICRC approach to co-ordination is based on the desire available at:
for efficient operational complementarities between organizations so as

122 123
 Clusters are based on the following criteria:
A Trigger event in the form of new large-scale emergency or sharp dete-
rioration and/or significant change in an existing humanitarian situa-
tion leading to co-ordination gaps.
B Evaluation of existing national response and co-ordination capacity
and/or national response shows inability to appropriately meet needs.
C Humanitarian needs justify a multi-sectoral approach that the exist-
ing co-ordination and response mechanisms can no longer adequately
address.
D The size of the operational presence (the number of actors and com-
plexity of response) requires a sector-specific co-ordination mecha-
nism, if this does not already exist.
HA Humanitarian Assistance
Recommended reading HCT Humanitarian Country Team
— Inter-Agency Standing Committee

IASC Inter-Agency Standing Committee

— Inter-Agency Standing Committee ICRC International Committee of the Red Cross
http://

— Societies

Useful web-sites for further information related to clusters

—
— OCHA Humanitarian Response:
OSCE Organization for Security and Co-operation Europe

125
Acronyms

of national security and public

SSR Security Sector Reform
a measure of last resort and if it is
the only practical means to protect
10-Point Plan of Action

to assist governments and other or have been present in a host

-
ugee protection considerations determination procedure has been

-
- sion decision can be made by any

Rights strategies that could be adopted

WHO World Health Organization Assistance Aid

and a potential role to play in part- material and legal needs of per-

Arbitrary expulsion assistance supports and comple-

ments the achievement of protec-

Asylum
The granting by a State of protec-
tion on its territory to individuals

Asylum encompasses a variety of

126
 prohibits non-state armed groups
permission to remain on the
territory of the asylum country
and humane standards of treat- incorporated in the legislation of limits its scope to “events occur-
most of the countries of the Cluster Leadership Approach

Asylum-seeker
- Children humanitarian reform process initi-

- Convention relating to the

ian response through improving Status of Stateless Persons
the predictability and account-
Convention on the Rights of the A Convention that provides the

Standing Committee as a mecha-

-

-
- by strengthening partnerships
Cartagena Declaration on ing children from recruitment and
Refugees
-
- has been designated the cluster Customary international law
- International legal norms that
- co-ordination and management derive their authority from the con-
and protection in situations of stant and consistent practices of
provided by the optional protocol -
on the involvement of children in
safety or freedom have been In order for State practice to con-
- Convention relating to the tribute to the formation of custom-
- ble measures to ensure that mem- Status of Refugees
Convention)
rights or other circumstances This treaty establishes the most

binding on all States regardless of

128 129
 Executive Committee of the High
Commissioner’s Programme -

Durable solutions advising the High Commissioner in

of refugees can be satisfactorily Local integration

- and authorizing the High Commis- regional and international legal A durable solution to the plight of
bling refugees to resume a normal refugees that involves their perma-
nent settlement in the country in
the three durable solutions of vol- is composed of representatives of Inter-Agency Standing
- Committee (IASC)
The IASC is a forum involving the Minority
A minority is broadly understood
partners for inter-agency co-ordi-
- Gender-related persecution -
placed persons no longer have any -
Internally displaced person
-
- term minority as used in the
-
particular as a result of or in order system usually refers to national
-
— Sustained reintegration in -
the place of origin
— Sustained local integration
order to enable them to overcome -
the challenges they face in access-
integration) (according to the
— Sustainable integration Nationality
in another part of the country Human Rights
Agreed international rights that International protection -
recognize and protect the inher- All actions aimed at ensuring the ity can be established at birth by a
-

130 131
The concept is referred to as “citi- other forms of serious or irrepara- the principle of non-refoulement in
-
- -
principle is also found in human
Non-governmental
organization elderly and disabled persons are
An organization that is function- - component of the prohibition on among the groups that often have
ple of non-refoulement in interna- -

Use of the term derives from Arti- Person of concern to UNHCR

also is part of customary interna- is a principle of customary interna-
ECOSOC to grant consultative assistance needs are of interest

- -
provided they have recognized tion or other relevant international internally displaced people and
- is binding on States in all circum-

of measures to combat terrorism Persons with disabilities

The principle of non-refoulement
- precludes States from transferring -
-
mechanisms of accountability to another State or territory if there is Persecution
- The core concept of persecu-
tion of certain fundamental human
- in the Convention relating to the
primarily from independent institu- -
- that the drafters intended it to be
ciple applies to any form of trans-
Non-refoulement manner so as to encompass ever-
A core principle of international Protection
is understood to comprise human All activities aimed at obtaining
prohibits States from returning rights abuses or other serious full respect for the rights of the
-
letter and the spirit of the relevant

132 133
 Returnee -

B
psychological violence occurring
Refugee -
is permitted only in -
harassment and intimidation at

Reintegration return to their previous place of

a particular social group or politi-
- C
try of his [or her] nationality and is legal and material security needed Sexual and gender-based psychological violence perpetrat-
violence ed or condoned by the State and
Is violence that is directed against
the protection of that country; or to the disappearance of any
observable distinctions Self-reliance
being outside the country of his [or -
her] former habitual residence as
Resettlement refugee to provide for his/her
The transfer of refugees from the
can be victims/survivors of gen-
or asylum to another State that has
- Stateless person An individual
-
lum or some other form of long- by any State under the operation of

A
psychological violence occurring
-
The critical additional factor is the

Refoulement tional burden and responsibility -

The removal of a person to a ter- other traditional practices harmful

135
from migrant smuggling may Voluntary Repatriation
Return to the country of origin
based on the refugee’s free and

repatriation is one of the three

Transformative Agenda durable solutions and may be
The Transformative Agenda of the
of the concerned governments

focuses on improving the timeli-

collective response through

-

improved accountability for perfor-

136
Forced displacement is among the most serious humanitarian and

-
ties and roles to provide protection and assistance to the displaced.