Integrating INTERNAL DISPLACEMENT in Peace Processes and Agreements

7/28/2019 Integrating INTERNAL DISPLACEMENT in Peace Processes and Agreements

1/85


2/85


3/85

Integrating Internal Displacement in

Peace Processes and Agreements

PMT_Bern_IDP_final.indd 1 2/2/10 12:34:06 PM


4/85



5/85

United States Institute o PeaceWashington, D.C.

IntegratingINTERNALDISPLACEMENTin Peace Processes

and Agreements

Lead Author: Gerard Mc Hugh



6/85

Te Peacemakers oolkitSeries Editors: A. Heather Coyne and Nigel Quinney

Te views expressed in this report are those o the authors alone. Tey do not necessarilyreect views o the United States Institute o Peace.

United States Institute o Peace1200 17th Street NW, Suite 200Washington, DC 20036-3011

Phone: 202-457-1700Fax: 202-429-6063E-mail: [email protected]: www.usip.org

2010 by the Endowment o the United States Institute o Peace and Brookings Institution.All rights reserved.

First published 2010.

o request permission to photocopy or reprint materials or course use, contact CopyrightClearance Center at www.copyright.com.

Printed in the United States o America

Te paper used in this publication meets the minimum requirements o American NationalStandards or Inormation SciencePermance o Paper or Printed Library Materials,ANSI Z39.48-1984.

Library of Congress Cataloging-in-Publication Data

McHugh, Gerard.

Integrating internal displacement in peace processes and agreements / Gerard McHugh.

p. cm. (Te peacemakers toolkit series)

Includes bibliographical reerences.

ISBN 978-1-60127-051-1 (pbk. : alk. paper)

1. Peace-building. 2. Peace-buildingSocial aspects. 3. Internally displaced persons.

4. Reugees. 5. Migration, Internal. 6. Forced migration. I. itle.

JZ5538.M3595 2010

325.21dc22

2009039639



7/85

Contents

Integrating Internal Displacement: Quick Reerence ......Inside ront cover

Foreword ........................................................................................................... 5

Introduction ...................................................................................................... 7

Step 1: Assess the Causes, Dynamics, and Characteristicso Internal Displacement............................................................................... 13

Step 2: Create a Framework or Integrating Internal Displacement ........ 25

Step 3: Engage IDPs in the Peace Process ................................................... 35

Step 4: Integrate Human Rights and Interests o IDPs in thePeace Agreement ........................................................................................... 51

Appendices ...................................................................................................... 67

Notes ................................................................................................................ 74

About the Lead Author.................................................................................. 77

About the Brookings-Bern Project on Internal Displacement................. 78

About the United States Institute o Peace .................................................. 79



8/85



9/85

55

Foreword

One o the gravest humanitarian consequences o armed conict is thedisplacement o populations. Tose who are orced to ee and leaveeverything behind are oen the victims who suer the most. Teir voicesare seldom heard in peace negotiations, and yet realizing durable solutionsor them is a crucial element or lasting peace. Return o internallydisplaced populations is oen used as a benchmark against which progressin post-conict stabilization and peacebuilding is measured. Durablesolutions can best be achieved i issues related to internal displacement areaddressed in peace agreements.

Te reportAddressing Internal Displacement in Peace Processes, PeaceAgreements, and Peace-Buildingo the Brookings-Bern Project on InternalDisplacement, which was released in September 2007, concluded thatinternal displacement has oen been addressed in an ad hoc manner inpeace processes and peace agreements. Drawing on case study analysesand consultations, the document echoed the recommendation omediators, diplomats, UN representatives, and donors to develop guidanceor mediators ocusing specically on incorporating internal displacementin peace initiatives.

Tis guide was developed in response to that recommendation. It givespractical guidance to mediators on how to integrate internal displacementin peace negotiations, how to incorporate issues pertaining to internaldisplacement into peace agreements, and how to engage the internallydisplaced persons themselves in the peace process.

Production o this guide was undertaken with guidance rom a steeringcommittee chaired by the representative o the UN secretary-general onthe human rights o internally displaced persons and composed o senior

mediators and leading experts on internal displacement, in closecooperation with the United Nations Mediation Support Unit within the



10/85

6

Peacemakers oolkit

Department o Political Aairs, and in consultation with experts onmediation, peacemaking, and internal displacement. Te lead author indraing this guide was Gerard Mc Hugh.

Walter Klin

Representative o the United Nations Secretary-General on the HumanRights o Internally Displaced Persons

Chris Coleman

Chie, United Nations Policy Planning and Mediation Support Unit,Department o Political Aairs, United Nations



11/85

77

Introduction

Tis guide provides mediators and their teams with practical guidance onintegrating the human rights and interests o internally displaced persons(IDPs) into peace processes and peace agreements. Achieving suchintegration will not only saeguard the rights and interests o IDPs asstakeholders in a peace process but also assist mediators in ullling theircore mission o helping the parties to the conict reach a negotiated andsustainable settlement. By engaging IDPs in the peace process andintegrating their interests in any agreed-upon settlement, mediators cancreate broader buy in and ownership o the process. By addressingdurable solutions to internal displacementi.e., return, local integration,or settlement in another part o the countrymediators can enhance theprospects o securing a viable agreement, sustaining its implementation,and building peace.

Although integrating internal displacement can be an essentialcomponent o a sustainable peace, it has oen been addressed weakly or inan ad hoc manner during mediation eorts and in peace agreements. Forinstance, as shown in appendix 1 o this guide, out o nine recent peaceagreements drawn up to resolve conicts involving signicant internal

displacement, only three incorporated strong provisions on displacement.Tese examples and other past experiences highlight a need or guidanceon how to better integrate internal displacement into peace processes.

Denition o Internally Displaced Persons

As dened in the introduction to the Guiding Principles on Internal Displace-ment (UN Doc. E/CN.4/1998/53/Add.2), internally displaced persons arepersons or groups o persons who have been orced or obligated to fee orto leave their homes or places o habitual residence, in particular as a resulto or in order to avoid the eects o armed confict, situations o generalized

violence, violations o human rights, or natural or human-made disasters,and who have not crossed an internationally recognized State border.



12/85

8

Peacemakers oolkit

Tis guide responds to that need. Te ramework and guidancepresented here can directly assist mediators in their work in a number oways, including by explaining how to

create space within peace processes or consultation with, or even orthe participation o, IDPs;

identiy those IDP-specic human rights and interests that should bereected in peace agreements; and

keep the end goal in view and avoid political manipulation o internaldisplacement.

Each o the ollowing chapters ocuses on one o our interconnectedareas. Tese areas are termed steps because together they describe anoverall process, but it is important to emphasize that the steps are notsequential so much as iterative, that all overlap, and some should beperormed throughout the entire process.

Step 1 addresses the question o why: it presents the reasons orintegrating internal displacement in peace processes and peace

agreements.

Step 2 deals with questions o why and how: it discusses approachesto integrating internal displacement, including conceptual rameworksand legal and policy oundations.

Step 3 ocuses on how and who: it looks at the process by whichIDPs can be engaged in the various stages o a peace process.

Step 4 explores the issue o what: it oers guidance on the content o

displacement-specic provisions that should be incorporated into apeace agreement.

As discussed in Step 3, when it comes to the process-related aspects ointegrating internal displacement, IDPs can contribute to or participate inthe peace process in a variety o ways; there is no one-size-ts-all solution.One o the objectives o this guide is to assist mediators in deciding on themost appropriate process or integrating internal displacement in a givencontext. In some cases, integrating internal displacement may be bestaccomplished through consultations undertaken separately rom

negotiations between the parties to the conict. In other instances,consultations may be undertaken as part o the mediator-led process or in



13/85

9

Introduction

close connection with that process. Direct participation o IDPs at thenegotiating table is also possible, although it has been the rare exceptionin past peace processes.

Te level o detail to which the rights, interests, and needs o IDPswill be addressed in a given peace agreement depends on the contextand the political dynamics o the situation. However, as discussed inStep 4, several key elements and topical areas should be considered inany agreement in order to nd durable solutions to internaldisplacement.

It is important to note that IDPs do not lose any human rightsentitlements and guarantees under international and national law thatare available to the nondisplaced population in their country. Tey mayclaim additional protection and assistance to the extent that theirdisplacement creates specic needs and vulnerabilities not shared by

9

IDPs and Reugees

In addition to displacing people internally, armed confict oten displacespersons to areas outside their country o residence, where they becomereugees. The primary actual distinction between IDPs and reugees is that thelatter have crossed an internationally recognized boundary and thereore are inneed o international protection.

1

The human rights and interests o all those who have been orced or obligedto feereugees and IDPs alikeshould be integrated to the greatest extentpossible in peace processes and peace agreements. Much o the guidancecontained in this book concerning the process or engaging IDPs (Step 3) andthe content o peace agreements (Step 4) is generally applicable to both IDPsand reugees. However, the primary ocus is on internal displacement because

o the particular consequences it can have or mediation eorts.For instance, IDPs oten remain in confict zones and have needs and areaorded protections dierent rom those o reugees (e.g., IDPs return orresettle earlier and more spontaneously than reugees and are more aectedby issues o security during and immediately ater the confict). These specicneeds must be addressed in peace processes and peace agreements.

Another way in which IDPs present a dierent challenge to mediators thando reugees is that whereas the latter are provided explicit protection underinternational law, IDPs do not enjoy explicit and specic legal protection. As aresult, peace agreements that refect the specic human rights and needs o

IDPs can signicantly enhance the protection aorded to IDPs.



14/85

10

Peacemakers oolkit

nondisplaced people. Tis guide ocuses on the human rights andspecic protections under international humanitarian law that are mostpertinent to IDPs because o their particular needs and circumstances.

Te guidance presented here reects and complements the principlescontained in the Guiding Principles on Internal Displacement (describedin more detail under Step 2 and summarized in appendix 2). Tis guidealso builds on lessons learned rom previous mediation initiatives anddraws rom past practice in draing and implementing peace agreements.Appendix 3 directs the reader to additional inormation with a summary

listing o useul resources. Te Resource Kit that accompanies this guidecontains a variety o reerence materials, including the text o legalinstruments.

Given that each conict and peace process is unique, this guide is notintended as a rigid, one-size-ts-all approach or mediators. Nor does itdelve deeply into approaches designed or dierent types o peaceinitiatives and dierent mediation tracks (rack I, rack II, rack III).Rather, the guidance is intended as a starting point rom which mediators

can tailor their own strategies to integrate internal displacement.



15/85

11

Introduction

The Peacemakers Toolkit

This handbook is part o the series The Peacemakers Toolkit, which is beingpublished by the United States Institute o Peace.

For twenty-ve years, the United States Institute o Peace has supportedthe work o mediators through research, training programs, workshops, andpublications designed to discover and disseminate the keys to eectivemediation. The Institutemandated by the U.S. Congress to help prevent,manage, and resolve international confict through nonviolent meanshas conceived oThe Peacemakers Toolkitas a way o combining its own

accumulated expertise with that o other organizations active in the eldo mediation. Most publications in the series are produced jointly by theInstitute and a partner organization. All publications are careully reviewedbeore publication by highly experienced mediators to ensure that the nalproduct will be a useul and reliable resource or practitioners.

The Online Version

There is an online version oThe Peacemakers Toolkitthat presents notonly the text o this handbook but also connects readers to a vast web o

inormation. Links in the online version give readers immediate access toa considerable variety o publications, news reports, directories, and othersources o data regarding ongoing mediation initiatives, case studies,theoretical rameworks, and education and training. These links enable theonline Toolkitto serve as a you are here map to the larger literature onmediation.



16/85



17/85

13

STEP 1

Assess the Causes, Dynamics,

and Characteristics o InternalDisplacement

I they are to address internal displacement in peace processes adequately,mediators must be clear about the role o internal displacement. Why doesinternal displacement matter or peace? What are the characteristics anddynamics o internal displacement? What role can or should IDPs play in

the peace process? Tis section provides guidance to assist mediators inaddressing these questions.

Be Clear about Why Internal DisplacementMatters or Peace

Te guidance presented here is premised on the assertiondeduced romlessons learned rom previous peace processes and consultations withIDPsthat in situations o conict where persons have been orciblydisplaced rom their homes, the viability and sustainability o peaceinitiatives oen will be linked with the participation o IDPs in the peaceprocess and the integration o their human rights and interests in anyagreed-upon outcomes.

In some situations, the main parties to a peace process may agree romthe outset that internal displacement must be addressed because itsrelevance or peace is evident. Oen, however, this is not the case, andmediators must in the rst instance explain to or persuade the parties whyinternal displacement should be integrated into the peace process and any

agreed-upon outcome.



18/85

14

Peacemakers oolkit

In making such arguments, mediators may want to draw rom theollowing seven points, which highlight why internal displacement matters

or peace:IDPs can be important stakeholders in peace processes. Te act that theyhave become displaced means that IDPs have already been signicantlyaected by the conict and thus have much at stake in the outcome othe peace process. IDPs may be victims o the conict, but they may alsohave been actively engaged in the conict, which is another reason whythey can be key stakeholders.

IDPs may directly aect the peace process in positive or negative ways.

Integrating internal displacement can enhance the breadth and depth obuy in or the process and any agreed-upon outcome. A wider sense oownership will in turn strengthen peace initiatives and boost theprospects or their successul implementation. Moreover, IDPs mayprovide political support to or may be otherwise associated with partiesto the conict. Tey can inuence, and can be inuenced by, the partiesto the conict.

IDPs have specic needs that may remain neglected i the peace processand peace agreement do not specically address them. Like other persons,

IDPs have rights and are aorded protections during and ollowingarmed conict under international law. However, IDPs oen have

The Scale o Displacement

As o December 2008, an estimated 26 million persons were displaced inter-nally as a result o conficts worldwide, more than one-and-a-hal times thenumber o reugees.

Category o Forced Displacement Total (millions)

Reugees under UNHCR mandate 10.5

Reugees under UNWRA mandate 4.7

Total number o reugees 15.2

Confict-generated IDPs 26.0

Total number o reugees and confict-generated IDPs 41.2

Source: Ofce o the United Nations High Commissioner or Reugees (UNHCR), 2008Global Trends: Reugees, Asylum-seekers, Returnees, Internally Displaced and StatelessPersons (Geneva: UNHCR, June 2009), 3.



19/85


20/85

16

Peacemakers oolkit

portrayed in gure 1. In this way, integrating internal displacement takeson an important preventive, as well as protective, role.

Possible solutions to internal displacement that allow displaced peopleto resume normal lives can be achieved through:

return to and reintegration at the IDPs home or habitual place oresidence,

local integration in areas where internally displaced persons take reuge,or

settlement in another part o the country.

For return, local integration, or settlement in another part o thecountry to be durable, such solutions must ensure long-term saety andsecurity, equitably address property issues, and enable displaced personsto sustain their lives under normal conditions. Without these types osolutions, peace may be short-lived. O course, no two situations ointernal displacement are the same, so the role o IDPs and theprominence accorded to their interests will be specic to each context.



21/85

17

Figure

1.

Brea

king

the

Cycle

oDisp

lacemen

t



22/85

18

Peacemakers oolkit

Understand the Causes and Patterns oDisplacement and the Roles o the Parties

Understanding the causes o displacement and the roles o the parties indisplacement can help mediators work toward solutions that address theparticular situation o displacement as well as gain an understanding othe easibility o other aspects o a peace agreement, such as disarmament,demobilization, and reintegration (DDR) arrangements and securitymeasures to acilitate return or settlement elsewhere in the country. Forinstance, reintegration o ormer combatants is sure to ail i theircommunities are still in displacement when DDR programs areimplemented.

Questions or the mediator to consider relating to the causes odisplacement include the ollowing:

Did people ee in order to escape the general dangers o conict or werethey ordered to leave?

Was the displacement part o a campaign to orce a certain group rom

their home communities, i.e., an ethnic cleansing campaign?Who orced people to ee?

Is the displacement asymmetric (only one party to the conict isdisplacing civilians) or symmetric (parties to the conict are displacingcivilians thought to belong to other parties)?

Questions or the mediator to consider relating to thepatterns odisplacement include the ollowing:

Was the displacement spontaneous or organized?

Was the displacement en masse at a specic time or in phases/waves?

Where did IDPs go?

Where are they now?

Have any IDPs returned or decided to settle elsewhere?



23/85

19

Step 1: Assess the Causes, Dynamics, and Characteristics o Internal Displacement

Characteristics o IDPGroups

Implications or the Mediator

May have politicallinkages to belligerents

IDP groups may provide political support to one ormore parties to the confict. IDPs may be in a positionto exert infuence over the parties, and conversely,

political and/or military leaders within the parties mayexert signicant infuence over IDPs. Mediators shouldexamine the aliations between IDPs and parties to theconfict and take into account to what extent these ali-ations result in the political instrumentalization o IDPs.

Will have a displace-ment history

The length o time a group has been displaced, thenumber o times it has been displaced, and the typeo displacement it has experienced orm part o thegroups displacement history. Mediators should learnas much as possible about this history o displace-

ment, which will inorm eorts to reach a peacesettlement that includes durable solutions or internaldisplacement.

May spawn new/competing leadershipstructures

IDP groupshaving been displaced rom their owncommunities and leadership structures and oten scat-tered across a region or countrymay well orm newor competing leadership structures. Mediators shouldanalyze to what extent these new or competing leader-ship structures may impact the peace process.

Understand the Characteristics o IDP GroupsAmong the various characteristics that IDP groups exhibit, a number areparticularly important rom the perspective o the mediator. Some areimportant because they highlight the nature o a groups relationships withthe parties to the conict, and thus help the mediator identiy, orinstance, the extent to which IDPs may be susceptible to the directinuence o the parties. Others are important because the nature andhistory o displacement, as well as the relationship o IDPs tonondisplaced populations, will inuence the needs, interests, and

priorities o IDPs. able 1 spotlights several o these highly salientcharacteristics.

Table 1. Key Characteristics o IDP Groups



24/85

20

Peacemakers oolkit

Will have a relation-ship with the hostcommunity

Mediators need to be cognizant o the relationshipbetween IDPs and their host communities. The nature osuch relationships can range rom empathy to supportand tolerance to hostility. Mediators should be careulthat, by engaging the IDP community, they are notperceived as neglecting host community interests.

May stay within oroutside camps

Mediators should ensure that they consult with IDPsliving outside camps (e.g., in a host community) as wellas those living in camps. Mediators tend to travel onlyto the most easily accessible camps to consult with

IDPs, which can result in a distorted view o IDPs needsand opinions.

Will have priority issuesin mind specifc to theirsituation

Like the parties to the confict, IDPs will prioritize theissues that most acutely aect them. Mediators shouldtry to ensure that these priorities are refected in thepeace process and the content o any peace agreement.

While all IDP groups will exhibit some o the same characteristics,mediators should avoid the trap o viewing IDPs as a monolithic bloc withhomogeneous interests. Dierent IDP groups within a country will havedierent interests and loyalties. Even IDPs who come rom the samecommunities may not share the same needs and views. Furthermore, thecharacteristics displayed by members o an IDP group in one part o thecountry may dier rom the characteristics o members o the same grouplocated in another part o the country. Te interests o IDPs may mirror ordeviate signicantly rom the interests within the nondisplacedpopulation. Mediators should solicit the broadest possible range o IDPperspectives so as to avoid orming an inaccurate and oversimpliedpicture o the range o opinion within the IDP community as a whole.

able 2 zeroes in on three actors that can signicantly inuence theparticipation o IDPs in the peace process: political support among IDPgroups or belligerents, time spent displaced, and linkage between internaldisplacement and causes o the conict. How each actor can aect themediators work is determined by the relative strength o the actor in agiven situation.



25/85

21


Table2

.Imp

lica

tions

or

Mediatorso

the

Streng

tho

Three

Key

Factors

We

ak/Low

Factor

Strong

/High

Itmay

beeasier

toengage

IDPspure

lyon

the

su

bstan

tive

issuesa

ect

ing

them,

withou

t

those

issues

becom

ingpo

liticize

d.

Thepo

ten

tia

lor

IDPs

toormp

olitica

l

const

ituencies

inthe

uturecan

provi

dean

incen

tive

or

thepart

ies

toa

ddress

the

interestso

disp

lace

dpersonse

arly

inthe

process.

Po

litica

l

support

among

IDP

groups

or

be

lligeren

ts

Part

iesmay

bemorerespo

nsive

totheperspect

ivesan

d

interestso

IDPs.

IDPsmay

deman

dtha

tthe

irinterestsaremore

prom

inen

tlyre

fecte

dinissueareas

tha

tgo

beyon

dthose

speci

c

tointerna

ldisp

lace

men

t(e

.g.,

inpower-sharing

arrangemen

ts).

IDPsmayno

texpress

their

true

interestsan

dmay

instead

beuse

dby

thepart

ies

toc

onvey

thepart

iesmessages.

IDPgroupsmayno

thaveorgan

ize

dinterna

lly

(e

.g.,

withincampsor

hostcom

mun

ities),

an

d

there

oreme

diatorsmay

have

dicu

lty

iden

tiying

interlocu

torsan

dso

liciting

perspect

ives.

Itmay

be

dicu

lttoengageon

issues

tha

t

areperce

ive

das

longer-

termco

ncerns.

Me

diatorscan

beg

inconsu

ltationson

issues

relating

tothe

imme

diateneed

san

dinterests

oIDPs.

Dura

tiono

disp

lace-

men

t

IDPcommun

itymay

haveorgan

ize

dinterna

lly,

whichmay

ass

istme

diators

iniden

tiying

bona

decommun

ity

represen

tatives.

Lea

ders

hipstructures

have

ha

dtime

toevo

lve

tothe

stage

tha

ttheymaycompe

tew

ithtra

ditiona

lor

home

commun

ity

lea

ders

hipstru

ctures.

IDPsmay

have

deve

loped

clear

interestsan

dcho

iceson

returnan

dse

ttlemen

te

lsew

here

inthecoun

try.

Interna

ldisp

lacemen

tmay

beu

sedasan

issueonw

hichtoga

inconsensusamong

the

part

ies

be

oremoving

too

ther,

po

ten

tia

lly

morecon

trovers

ialissues.

Linkage

be

tween

interna

l

disp

lace-

men

tan

d

causeso

con

fict

The

imp

lemen

tationo

pro

visions

tha

ta

ddress

thecauses

othecon

fictshou

ldinclu

destrongerro

les

or

IDPs

(e.g.,

IDPpart

icipa

tion

inlan

dco

mm

issions).



26/85

22

Peacemakers oolkit

Evaluate the Role o IDPs as Actorsin the Peace Process

Having assessed the causes, characteristics, and patterns o displacement,the mediator will need to evaluate the potential role o IDPs as actors in apeace process based on

the size o displaced group(s),

the degree o leverage that IDPs can exert on the parties,

security considerations associated with the involvement o IDPs andIDP representatives in a peace process, and

the potential risk o IDPs acting as spoilers in the process.

Ultimately, the mediator will need to balance these considerationsagainst the degree o ease or difculty associated with extracting rom theparties a commitment to integrating internal displacement during theprocess and in any resulting agreement. For example:

I the parties are not strongly committed to the provisions o a proposed

agreement relating to internal displacement, and i IDP groups have thepotential to be spoilers (e.g., by rejecting other parts o the agreement,such as provisions on land use and elections), the mediator should try toinvolve IDP groups more actively and directly in the process. In suchcases, the mediator should assess the most important issues o concernto IDP groups (i.e., the issues that may cause them to exercise theirspoiling ability).

I one or more parties are reluctant to make concessions and

commitments to reach an agreement, and i IDP groups have stronginuence over the parties, the mediator may wish to engage actively(and transparently) with IDP groups to highlight the role o the partiesin delivering commitments and concessions such that internaldisplacement can be adequately reected in any agreement. Tisunderstanding may encourage the IDP groups to exert inuence on therelevant parties to reach agreement and/or make necessarycommitments.

In situations where IDPs may be perceived by one party to the conict to

support an opposing party, the engagement o IDPs in a peace process



27/85

23


may pose unacceptable security risks or the IDP representatives. Tisdanger is particularly acute in situations in which IDPs have beensubjected to extensive or systematic violence during the conict,especially when that violence is closely related to the cause o the conict(e.g., ethnic cleansing). Parties may also have concerns that IDPs willidentiy perpetrators o the violence.

I the IDP population is small in numbers and dispersed, i IDPs areunlikely to be able to spoil the process and any agreement, and i theparties are adamantly opposed to active IDP involvement or

consultation, the mediator may need to make a pragmatic decision toengage the IDPs, i at all, remotely through intermediaries or partnerorganizations, rather than directly.



28/85



29/85

25

STEP 2

Create a Framework or

Integrating Internal DisplacementTis chapter presents a conceptual ramework or integrating internaldisplacement in peace agreements and peace processes. It providesguidance on how the ramework can be applied, in very practical ways,to assist mediators in their work.

Tis ramework consists o three parts: a core mission statement orintegrating internal displacement; legal and policy oundations, includingthe Guiding Principles on Internal Displacement and relevant provisionso international humanitarian and human rights law; and guidance onhow to apply the mission statement and its legal and policy oundations.

In elaborating how the ramework can be applied in a very practicalway, Step 2 provides a lead-in to the discussions o process and content inSteps 3 and 4.

Use a Mission Statement to Guide

the Overall ApproachTe overall approach presented in this guide ollows closely that usedthroughout the Guiding Principles on Internal Displacement (seeappendix 2), which combines needs- and rights-based approaches. It viewsIDPs as a group with special needs within the broader population aectedby conict. In practical terms, this approach means the mediator will seekto ensure not only that those human rights and interests o IDPs that relateto their specic needs are incorporated in the peace process and peaceagreement, but also that concrete, practical measures are taken to protectthose rights and interests and address their needs.



30/85

26

Peacemakers oolkit

Mission Statement: Integrating Internal Displacement

To acilitate the voluntary engagement o IDPs during the peace process andto ensure that the human rights, protections under international humanitarianlaw, and interests o IDPs are integrated in any peace agreement as a means ostrengthening the process and enhancing the prospects or building peace, witha view to establishing conditions to end orced displacement by

acilitating sae and voluntary return, local integration, or settlement inanother part o the country;

generating solutions to displacement that ensure long-term saety and

security, that seek to equitably address property issues, and that ensure anenvironment that can sustain the normal lives o ormer IDPs in their settledlocations; and

preventing urther orced displacement.

o assist in developing and implementing strategies or integratinginternal displacement, mediators should develop a core statement o whythey are working to engage IDPs in the peace process and to incorporatetheir rights and interests in any agreement. Tis kind o mission statementcan assist the mediator in various ways; or example, it can explain to theparties the mediators rationale or consulting with IDPs and it canprovide the mediation team with a vision or integrating internaldisplacement. An example o this kind o mission statement is providedin the box above.

Understand the Legal and Policy Foundations

Te oundationsin some cases, the mandateor the integration ointernal displacement in peace processes and peace agreements areprovided in legal and policy instruments.

Tese oundations include the Guiding Principles on InternalDisplacement, relevant national legislation, relevant provisions ointernational humanitarian and human rights law, and relevant resolutionsand decisions o international organizations. Each o these components isdescribed briey below. Te ollowing sections provide guidance on howthey can be applied in a way that helps the mediator integrate internaldisplacement.



31/85

27

Step 2: Create a Framework or Integrating Internal Displacement

Guiding Principles on Internal DisplacementUnlike reugees, IDPs are not protected by a specic international treaty,but as citizens or long-term residents o their country they all under theprotection o applicable international human rights and humanitarian law.Te Guiding Principles on Internal Displacement codiy and speciy thesehuman rights and specic protections relevant to IDPs under internationalhumanitarian law by making explicit what is implicit in these moregeneral provisions. Tey were developed in response to the need to ensureprotection or IDPs and to provide a normative ramework or that

protection by compiling relevant international law concerning IDPs. TeGuiding Principles were presented to the UN Commission on HumanRights in 1998 by the Representative o the UN Secretary-General onInternal Displacement.

2

Te Guiding Principles take the specic needs and vulnerabilitiescreated by internal displacement as the point o departure and combinethis IDP needs-centered approach to internal displacement with arights-based approach identiying and setting out the rights andguarantees that meet those needs. Te Guiding Principlessummarizedin appendix 2 o this guideare divided into ve sections covering thevarious stages and conditions o displacement.

While the Guiding Principles do not constitute a legally binding text,they are based on and reect provisions that are legally binding underseparate instruments o international law.

Te Guiding Principles have become an authoritative documentsetting out the principles or human rights and specic protections underinternational humanitarian law enjoyed by IDPs. As part o the outcomeo the World Summit in 2005, the Guiding Principles were recognized byheads o state and government as an important international rameworkor the protection o IDPs.

3Te Guiding Principles have also been

ofcially acknowledged by the Arican Union, its precursor theOrganization o Arican Unity, and other regional organizations. TeOrganization o American States and the Council o Europe have urgedtheir member states to incorporate the Guiding Principles into theirrespective national laws. For the states that have ratied the 2006Protocol on the Protection and Assistance to Internally Displaced

Persons to the Declaration on Peace, Security, Democracy and



32/85


33/85

29


Te Guiding Principles consist primarily (but not exclusively) o anIDP-specic subset o the human rights and specic protections underapplicable international law aorded to persons in times o armed conict.Tus, while all human rights will be relevant to IDPs (displacement-relevant human rights), certain rights (displacement-specic rights)may be particularly pertinent to IDPs because they address needs that thenondisplaced population does not have or that it experiences to a muchlesser extent. Te overlapping relationship between these dierent kinds orights is shown in gure 2.

Displacement-specic rights include those relating to the prohibition o

arbitrary displacement; the restitution o property and possessions lebehind by IDPs during ight; protection against discrimination onaccount o being displaced; the replacement or reissuance odocumentation le behind or lost during ight; the right to be protectedagainst orcible return to danger zones; the right to vote even i due to thedisplacement it is not possible to cast the ballot at ones place o residence;and the right to decide whether to return, to integrate at the location towhich IDPs were displaced, or to settle in another part o the country.

Some provisions o the Guiding Principles go beyond the explicit rights

and protections in treaty-based international law but remain consistent

Figure 2. Relationship between Displacement-Specic andDisplacement-Relevant Rights

Key: IHLinternational humanitarian law

IHRLinternational human rights law

GPGuiding Principles



34/85

30

Peacemakers oolkit

with itor example, the provisions o the Guiding Principles relating torights and duties surrounding humanitarian access.

Mediators can use the Guiding Principles to identiy and advocate orthe rights o IDPs, but mediators may have to reer to specic provisionso international human rights and humanitarian law i the validity o anyo the principles is contested by any o the parties to the negotiations. Aset o annotations to the Guiding Principles has been draed by WalterKlin, the representative o the UN secretary-general on the human rightso internally displaced persons, to clariy and explain key aspects o each

principle. Tis document is included in the appendices.5

International human rights law also contains important provisionsrelating to the rights o all persons to participate in political aairs,including peace processes. Tese provisions are particularly relevant toIDPs participation in peace processes.

Resolutions, Declarations, and Decisions o InternationalOrganizations

Intergovernmental bodies and international organizations have madedecisions through resolutions and statements relating to the human rightsand interests o IDPs in peace processes and peace agreements. Forinstance, several Security Council resolutions have reafrmed the right toreturn and the duties and obligations o various actors to acilitate thereturn o IDPs and reugees.

6Te UN General Assembly has also adopted

resolutions regarding the rights and interests o IDPs. For example,Resolution 62/153 (2007) on the protection and assistance o IDPs(Paragraph 8), Notes the importance o taking human rights and the

specic protection and assistance needs o internally displaced personsinto consideration, when appropriate, in peace processes, and emphasizesthat durable solutions or internally displaced persons, including throughvoluntary return, sustainable reintegration and rehabilitation processes,and their active participation, as appropriate, in the peacebuilding process,are necessary elements o eective peacebuilding.

Regional organizations such as the Arican Union and the EuropeanUnion have similarly contributed to the growing recognition o the statusand protection o IDPs. Reerring to IDPs, the Council o Europe

emphasized that they should be properly inormed, but also consulted to



35/85

31


the extent possible, in respect o any decision aecting their situation,prior to, during, and aer displacement.

7

Apply the Mission Statement and Its Legal andPolicy Foundations to Assist Mediation Eorts

Integrating internal displacement in peace initiatives can bring with itsignicant challenges: the parties to the conict may be reluctant to agreeto IDP participation in the peace process; IDPs themselves may bereluctant to participate or a number o reasons; mediators may not havemuch to go on in regard to how displacement-specic human rights canbe reected in a peace agreement; time or logistical constraints may limitthe mediators ability to consult with IDPs; and so orth.

Te mission statement and its legal and policy oundations presentedabove can assist mediators in overcoming some o these challenges, includingby helping to

create space or consultation with or even participation o IDPs in peaceprocesses;

identiy those IDP-specic human rights and interests that should bereected in peace agreements;

keep the end goal in view;

empower IDPs to contribute to peace processes; and

avoid political manipulation o internal displacement.

Te guidance presented here is specically related to the application o

the mission statement and its legal and policy oundations presentedabove and provides a point o entry or urther guidance on process- andcontent-related dimensions o internal displacement presented in Steps 3and 4.

Create Space or Consultation with or Even Participation oIDPs in Peace Processes

I the parties to the conict are reluctant to acilitate participation oIDPs in the peace process, the mediator can engage the parties with a

view to highlighting the reasons why internal displacement matters (see



36/85

32

Peacemakers oolkit

Step 1) and explaining the intended end goals (e.g., by reerring to themediators mission statement or integrating internal displacement) andwhy the achievement o those goals is crucial or securing peace.

o assist in this task o dialogue and (sometimes) persuasion intendedto create a space or IDPs in the process, mediators can point to theGuiding Principles, international human rights law, and decisions ointergovernmental bodies to provide the rationale and justication orIDP participation. In particular, mediators may wish to highlight theollowing:

Guiding Principle 22(d), which states, [IDPs shall enjoy] the right . . . to

participate in governmental and public aairs.

Guiding Principle 28(2), which states, Special eorts should be made

to ensure the ull participation o internally displaced persons in theplanning and management o their return or resettlement andreintegration.

Te International Covenant on Civil and Political Rights (Article 25)and other human rights conventions reerenced in the Resource Kitprovide or the right o citizens to participate in public aairs, a rightthat arguably covers participation o IDPs in peace processes. When theparties are reluctant to acilitate IDP participation in a peace process,mediators can point to these provisions as providing a mandate or suchparticipation.

I any o the parties have backed themselves into a corner by initiallypursuing a rejectionist line regarding the participation o IDPs romwhich it may be politically difcult to escape, the Guiding Principles

and other oundations can provide a useul ace-saving mechanism. Teconcerned parties can state, or example, that they are agreeing to IDPparticipation to assist in ullling the rights o IDPs.

Identiy Those IDP-Specic Human Rights and Interests ThatShould Be Refected in Peace Agreements

In many cases o signicant internal displacement associated witharmed conict, the human rights and interests o IDPs have beenincorporated only weakly, or not at all, in peace agreements (see

examples in appendix 2). Te Guiding Principles and the human rightso IDPs under international law provide a ramework guiding mediators



37/85

33


in identiying relevant needs o IDPs in a given situation (including onesthat may not be immediately obvious to all parties) and thecorresponding human rights that should be included in any agreement.

Identication o the most pertinent human rights that are specic to thesituation o IDPs in any given context will be inormed by assessing theneeds o IDPs and then relating IDPs expressed needs to the relevantrights. Mediators can gain insights on the needs o IDPs during directconsultations, as well as indirectly rom organizations or individualsworking closely with displaced communities. Relevant rights to addresstypical needs o IDPs have been highlighted above and are urtherelaborated upon in Step 4 below.

Keep the End Goal in View

Te mission statement provides mediators with an end goal to aim or,while the legal and policy oundations provide the tools with which to

work toward that goal.Te approach used in the Guiding Principles, which identies pertinentneeds and the human rights guarantees that address these needs, can beused by mediators as an example or how the entire peace processshould remain ocused on the best interests o the people, even i not allpeople are directly represented by the negotiating parties.

Empower IDPs to Contribute to Peace Processes

Oen, IDPs are not aware o their rights to participate in political

decision making, especially when those rights have been denied or have

IDP Perspectives

Georgia: Ensuring IDPs Are Consulted in Decision Making

The document on the integration o the IDP was not prepared with the partici-pation o the IDP. That law was written or them without their involvement. Whenthe law on the IDP is written, their opinions should be taken into account. Butthere, everything was done as the government wanted.

Mzia (53 years), IDP in Georgia (as captured by IDP Voices and available at http://www.idpvoices.org.) IDP Voices is a collection o testimonies o IDPs published by theBrookings-Bern Project on Internal Displacement.



38/85

34

Peacemakers oolkit

not been exercised in the past. IDPs may be very eager to have theirvoices and perspectives heard but may not be aware o their rights to doso. Mediatorswhether through direct consultations or throughoperational partnerscan help to ensure that IDPs are aware o theirrelevant human rights and the protections they enjoy underinternational humanitarian law. Mediators can empower IDPs tocontribute to, and even participate in, the peace process by engaging andconsulting with them; working with other entities (e.g., UN agencies,local and international nongovernmental organizations) to provide as

much inormation as possible on the process o consulting IDPs andother stakeholders; and highlighting the opportunities as well as thechallenges o IDP participation.

Avoid Political Manipulation o Internal Displacement

Te issue o internal displacement can become politicized duringnegotiations between the parties, especially when the IDP community ispolitically homogeneous and/or when it strongly identies with andsupports one party to the conict. Te Guiding Principles and relevant

provisions o international humanitarian and human rights law can beused as objective lenses through which to view internal displacement.Tat is, they can help the parties and the IDPs themselves see thesubstantive issues aecting IDPs rather than ocus exclusively onpolitical interests.

By encouraging the parties to concentrate on the rights and protectionso IDPs stipulated in the Guiding Principles and internationalhumanitarian and human rights law, mediators will be better able toisolate the issue o internal displacement rom potential politicalmanipulation.

Te Guiding Principles can provide a point o reerence or discussiono IDP rights and interests that will be politically neutral in any context.



39/85

35

STEP 3

Engage IDPs in the Peace Process

Te participation o IDPs in peace processes is one acet o the broadereort o the mediator to reach out beyond the parties to the conict andengage other constituencies, such as civil society organizations, traditionalleaders, womens and youth groups, and religious groups.

8Te process o

engaging IDPs, however, presents a distinctive set o considerations andchallenges or the mediator. Tis chapter oers guidance on deciding howbest to consult with IDPs and how to acilitate their participationthroughout a peace process.

Assess Dierent Processes or Consulting with IDPs

According to the circumstances o a particular conict, a range o optionsmay be available to a mediator to integrate internal displacement into thepeace process by engaging and consulting with IDPs. Tree types oconsultation processes are presented here; they have varying degrees oproximity to the mediator-led process:

stand-alone processes: consultations on internal displacement (whether

within the IDP community or between IDPs and parties to the conict)that take place separately rom the mediator-led process;

linked processes: consultations on internal displacement that involvesome degree o interaction with the wider peace process led by themediator; and

inclusive processes: consultations with IDPs that are undertaken as parto the process led by the mediator.

Te relationships between these types o processes and the mediator-led process, and examples o each type, are presented in gure 3. Tat



40/85

36

Peacemakers oolkit

gure also shows a ourth type o process: thepassive process, in whichlittle or no consultation occurs with or within the IDP community.

Tese processes are not necessarily discrete. Some consultationprocesses, or example, may start o completely separate rom themediator-led process but may later be linked to the mediators eorts toseek agreement between the parties or during the implementation stage.

Stand-Alone Processes

Stand-alone processes or consultation with the IDP community regardinga peace initiative take place separate rom the mediator-led process. Teymay be initiated by civil society organizations, traditional or religiousgroups, or third-party acilitators as part o a rack-II peace initiative. Tistype o process oen emerges when

IDPs are organized into or af liated with civil society organizations;

the IDP community is rustrated with the pace or approach o rack-Iinitiatives;

Figure 3. Dierent Types o an IDP Consultation Process and theMediator-Led Process across Four Stages o a Peace Process



41/85

37

Step 3: Engage IDPs in the Peace Process

some or all o the parties are strongly opposed to the direct participationo IDPs in the peace process;

third-party organizations are active in leading such a consultationprocess; and/or

customary consultation processes are being actively used to acilitatedialogue among IDPs.

A mediator may have little or no inuence over this type oconsultation process (which is, by denition, separate rom the mediator-

led peace process) but should nonetheless endeavor to keep inormed oits progress and identiy potential opportunities to incorporate its results(e.g., insights into IDP perspectives) into the mediator-led process in theuture.

Linked Processes

Linked processes or consultation with the IDP community exhibitcross-linkages and interaction between the IDP consultation process andthe mediator-led process. Four models (Models AD) o linkedconsultation processes, and their advantages and disadvantages, arepresented in table 3.

Inclusive Processes

Inclusive processes are consultations with IDPs that are undertaken aspart o the process led by the mediator. wo models (Models E and F) oinclusive processes, and their advantages and disadvantages, are presentedin table 4.

Decide on the Type o Process

Te most appropriate or most easible process or consulting with IDPswill vary rom one context to another depending on a host o localcircumstances. Even so, mediators may wish to consider the ollowingactors in making decisions on the type o process:

Te parties views o consultation with and participation o IDPs. Teviews o the parties will strongly inuence the type o process chosen or

IDP consultation and participation. One or more o the parties mayreject or be reluctant to agree to IDP consultation or participation



42/85

38

Peacemakers oolkit

directly in the negotiations (Model F), especially i IDPs supportparticular parties to the conict.

Te willingness and capacity o the IDP community. IDPs may bereluctant to participate directly in the process or even to be present atthe venue o any multilateral talks, particularly i IDPs have beentargeted by one or more o the parties to the conict. In such cases,stand-alone models or Models A or B may be most appropriate. In allcases, the mediator should ensure that the capacity o IDPs toparticipate matches the model or participation.

Nature o displacement: dispersed or collective. Te location andconcentration o IDPs should inuence the mediators choice oconsultation process. A more geographically dispersed IDP community,especially in insecure environments, can limit the ability o the mediatoror intermediaries to consult actively with a representative cross-sectiono IDPs. Moreover, IDPs may be unable or unwilling to travel to alocation distant rom their settlement because o logistical shortalls orsecurity concerns. For these reasons, Model B or Model E may be the

most appropriate orm o consultation or a widely dispersed IDPcommunity, while Models A or D may be more eective or an IDPcommunity that is concentrated in a single area, assuming in both casesthat the parties agree.

Te mediation teams capacity. Pressures o time and resources may makeit difcult or the mediation team to undertake as broad a consultationprocess as it would like. In such instances, the mediator should consideradopting Model B or Model E.



43/85

39

Mo

de

l

Descrip

tion

Prosand

Cons

Wha

tItLoo

ks

Like

A

Mu

ltilatera

l

(me

diation

)with

thepart

ies;

IDPremo

te

part

icipa

tion

linkedthroug

h

me

diator

May

bebestsu

ite

dtosi

tua

tionsw

here

IDPsarere

luctan

ttodirect

lyengage

withpartiesan

dw

here

theyview

theme

diatorasane

ect

ivean

dre

liable

con

du

ito

rintegra

ting

the

irperspect

ives

intotheprocess.

Pros:Provi

desme

diatorw

ithdirectcon

tactwi

thlargernum

bero

IDPs;may

be

easier

tonego

tia

tethisormo

part

icipa

tionw

ithpart

ies.

Cons:Req

uiresextensive

trave

lan

dconsu

ltations

(byme

diator)

intheareaso

disp

laced

persons

duringvariousstages

(especia

llythe

see

kingagreemen

t

phase

);do

esno

tprovi

de

IDPsw

ithdirectexpo

sure

topart

ies.

B

Mu

ltilatera

lwith

thepart

ies;

IDPremo

te

part

icipa

tion

linkedthroug

h

interme

diary

an

dme

diator

May

beuse

ulio

theren

tities

(e.g.,

loca

lorna

tiona

lnongovernmen

talorgan

iza-

tions)

haveexist

ingre

lationsh

ipsw

ithIDPs;

the

interme

diarymay

haveresources

an

dconta

cts

toaci

lita

teconsu

lta

tionsan

dorums

inareasw

here

IDPsare

loca

ted.

Pros:Red

uces

log

istica

lburdenonme

diation

team;

leveragesexist

ingcon

tacts

an

dre

lationsh

ips.

Cons:Intr

oducesano

theren

tityintothechain

oconsu

lta

tion

be

tweenme

diator

an

dIDPs(i.e.,

aless

directmo

deo

part

icipation

);doesno

tprovi

de

IDPsw

ith

directexp

osure

topart

ies.

C

Mu

ltilatera

lwith

thepart

ies;

IDPremo

te

part

icipa

tion

linkedvia

party/part

ies

Can

bean

op

tion

istrongpo

litica

lsupportex

istsw

ithingroup

(s)o

IDPs

orone

ormorep

art

ies

tothecon

fictandw

here

these

IDPgroupsagree

tohave

the

ir

viewsand

interestsrepresen

tedby

theparty.

Pros:Adv

an

tage

or

IDPs

istha

ttheyw

illhave

the

irinterests

injecte

dintothe

processbyapartyo

the

irchoosing.

Cons:Mo

reo

aposs

ibilitytha

thumanrig

htsa

ndinterestso

IDPsw

illbe

discussed

inthecon

texto

o

therpo

litica

lobject

ives.

Note:Inthissituation,

themediatorshouldma

kesurethata

llthehumanrights

andintere

stsofIDPsareintegratedintothepeaceprocess,notjustthose

presented

byaparty.

Table3

.Lin

ke

dProcesseso

rEngag

ing

IDPs

intheP

eace

Process



44/85

40

Mode

l

Descrip

tion

Prosand

Cons

Wha

tItLoo

ks

Like

D

Shu

ttleme

dia

-

tionw

iththe

part

iesan

d

IDPs

Whenmu

ltilatera

lta

lksareno

tposs

ibleor

desira

ble

,me

diatorcanshu

ttle

be

tweenp

art

ies

tome

diatean

dshu

ttlebe

twe

en

IDPgroups

toconsu

lt.

Pros:Getsaroun

dpart

iesresistance

todirectpart

icipa

tiono

IDPs;a

llows

IDPs

tocon

tribu

teree

lyw

ithou

tearo

reprisa

lsby

part

ies.

Cons:Doesno

tprovi

de

IDPsw

ithdirectexpos

ure

topart

ies.

Key:

MEDdenotesmediator.

A,B,Crepresentpartiestotheconfict.

Table3

.Lin

ke

dProcesseso

rEngag

ing

IDPs

intheP

eace

Process

(con

tinued

)



45/85

41

Mo

de

l

Descrip

tion

Prosand

Cons

Wha

tItLoo

ks

Like

E

Mu

ltilatera

l

withpart

ies;

IDPrepresen-

tativespart

ici-

pa

teloca

lly

(atvenueo

me

diated

talks)

throug

h

me

diator

May

bem

ostappropria

teinsi

tua

tionsw

hereI

DPgroupsare

highlyorgan

ize

d

an

dcanse

lectrepresen

tatives

toa

tten

dpeace

talks.

Pros:Provi

desanopportun

ity

or

IDPrepresen

tatives

todirect

lycommun

ica

te

IDPintere

sts

topart

ies

(atthevenueo

thepeace

talks);provi

desvisi

bledemon-

stra

tionto

IDPconst

ituencyo

comm

itmen

t(b

ypart

ies,me

diator)

tointegra

te

internald

isp

lacemen

tintheprocess.

Cons:Mediatorsnee

dtocon

rm

IDPen

dorse

men

to

the

IDPrepresen

tatives

whoa

tten

dpeace

talks.

F

Mu

ltilatera

l

withpart

ies;

direct

IDP

part

icipa

tion

Pros:Provi

des

directvo

ice

or

IDPinterestsan

dhumanrig

htsw

ithinthenego-

tia

tions.

Cons:Pot

en

tia

llyexposes

IDPpart

icipan

tstop

ressures

rompart

ies.

Table4

.Inclusive

Mo

de

lsor

Engag

ing

IDPs

inthePeace

Process



46/85

42

Peacemakers oolkit

Follow General Guidelines or Engaging with IDPsIrrespective o the model o consultation they adopt, mediators usinglinked and inclusive processes or engaging IDPs should ollow somegeneral guidelines.

Seek Inormed Consent and Be Clear about Expectations

Secure the inormed consent o IDPs to create space or theircontribution to or participation in the process. Do not take or granted

that they wish to participate in the peace process.Secure the inormed consent o parties to the conict to acilitate theparticipation o IDPs or IDP representatives in the process. Act in atransparent manner with the parties with regard to the need to ensureparticipation o IDPs in the peace process; discuss with them theexpected role o IDPs in the process.

Be transparent with IDPs with regard to the mediators neutralinteractions with the parties. Explain clearly the purposes and intended

outcomes o their participation in the various stages o the peaceprocess.

Ensure that IDPs have realistic expectations regarding the time rameor the various stages o the process.

Be Available or Consultation and Communication

Conduct consultations in a language that IDPs understand. Undertakeconsultations at a time and a place appropriate or IDPs to ensure theirparticipation; be sensitive to cultural or religious observation times andcustoms when scheduling meetings.

Demonstrate Commitment to the Concerns andInterests o IDPs

Whenever possible and appropriate, act decisively regarding theconcerns and interests o IDPs and provide eedback to IDPs onchallenges and opportunities associated with their participation inthe peace process.



47/85

43


Design the Method o Consultation to Fit the PurposeUse methods o consultation that best t the purpose and the model orepresentation. For example, larger meetings with a wider group o IDPspresent an opportunity or providing inormation to a larger IDPaudience. Smaller meetings may be more appropriate at later stages othe peace process to consult on technical issues (e.g., modes o return orsettlement).

Whatever the size o the meeting, solicit a broad cross-section o

perspectives. IDPs may be reluctant to share contrary views in a largemeeting. Tereore, hold several smaller meetings within a single IDPcommunity.

Avoid the pitall o holding consultations with IDPs only in those areasthat are easily accessible (e.g., in and around urban centers).

Ensure an appropriate gender balance on the mediators consultationteam, bearing in mind that emale team members may more eectivelyelicit perspectives rom emale IDPs.

Ensure that that the interests and perspectives o children are reectedor presented in the consultations (e.g., solicit the input o youth groups).Especially in the case o lengthy displacements, children will have spenta signicant proportion o their lives displaced and will have specialneeds (e.g., access to education).

Identiy Representative and Credible IDP Interlocutors

Consider careully how to determine who represents or shouldrepresent IDPs in consultations and the broader peace process.

Questions that can assist mediators in this regard include

Are there leaders within the IDP community who are widely

recognized within a particular IDP group (or example, a particularcamp)? How were these leaders selected? What is their relationshipwith extant community leadership structures in the IDPs homecommunities?

Are existing IDP leaders representative o the ethnic, political,

geographic, or tribal makeup o that particular IDP group?

Within a group o IDP interlocutors or representatives, is there a



48/85

44

Peacemakers oolkit

balance in terms o gender, age, and religion? Are there repre-sentatives (ormal or inormal) o womens or youth groups?

Are there competing leadership structures within certain IDPgroups?

Encourage or insist upon the participation o emale IDP representativesin any consultations with IDP communities.

9

Strive to engage with recognized traditional and tribal leaders who maybe displaced, while avoiding the potential or exacerbating possiblecompeting leadership structures that may be present or evolving withinthe IDP communities.

Ensuring the Participation o Women in Consultationswith IDP Communities

In 2005, the United Nations Development Fund or Women (UNIFEM) publishedguidance or international actors on securing the eective participation owomenincluding displaced womenin all stages o peace processes.

UNIFEMs guidance asserts that the identication, early in the peace process, ostrategic entry points or womens participation can signicantly heighten theiraccess to the bargaining table and their impact on any agreement. Recom-mended actions include

Create a directory o womens civil society organizations through eld-basedconsultations with womens groups and leaders, including internallydisplaced populations.

Advocate with the negotiating parties and with IDP representatives or aminimum o 30 percent womens representation in their delegations.

Work to acilitate meetings between womens groups, including displacedwomen (as part o broader civil society constituencies) and negotiatingparties at various stages o the peace process.

Support the establishment o a womens advisory committee to thenegotiations process to include displaced women to track and advise the

ormal peace process.Ensure that consultative processes with displaced women eed directly intonegotiations.

Source: United Nations Development Fund or Women (UNIFEM), Securing the Peace:

Guiding the International Community towards Womens Eective Participation throughout

Peace Processes(New York: UNIFEM, October 2005).



49/85

45


Ensure the Security and Condentiality o IDP InterlocutorsAssess possible security threats to IDPs, and use the results to conductconsultations and meetings in a way that does not expose interlocutorsto risks (e.g., hold meetings with IDPs in venues other than IDP camps).

Engage IDPs throughout the Stages o aPeace Process

Mediators should seek to engage IDPs early in a peace process and to keep

them engaged throughout its course. Tis section provides practicalguidance on how to accomplish this. It divides the peace process into ourstages: mediation process design, prenegotiation preparation, andconsultation; internal consensus building; seeking agreement between theparties; and implementation. Te guidance presented here relatesprimarily to the linked and inclusive processes or integrating internaldisplacement, because these are the two processes that will see the mostinteraction between the mediator and IDPs.

Stage I: Mediation Process Design, Prenegotiation Preparation,and Consultation

Gather as much inormation as possible on the IDP community (takingnote o the characteristics listed in table 1 above). Assess the level ocoherence and political homogeneity within the IDP community.

Identiy linkages between IDPs and the parties to the conict and theextent o support among IDPs or the parties.

Drawing on existing studies and data, make a preliminary assessment o

the interests o IDPs (e.g., as expressed to other interlocutors).

Identiy interlocutors within the IDP community and within hostcommunities. Make initial contact with IDP representatives, eitherdirectly or through intermediaries.

Engage in initial dialogue with the IDP community to explain themediation mandate and the mediators strategy and rationale orengaging IDPs in the peace process.



50/85

46

Peacemakers oolkit

Solicit the current interests and perspectives o the IDP community(recognizing that these interest and perceptions may change as thepeace process evolves).

Assess the capacity o the IDP community to participate eectively inthe peace process.

Engage with host communities to explain the reasons and modalities orIDP participation in consultations and to ensure that they do notperceive that their interests are being overshadowed by those o IDPs.

IDP Perspectives

Northern Uganda: Failing to Consult with IDPs

As o June 2007, knowledge among IDPs in Northern Uganda o what washappening at the peace talks between the Government o Uganda and theLords Resistance Army (LRA), ongoing since July 2006, was assessed to beuniormly poor.

In a research study, only 4 percent o those surveyed said that they were wellinormed about the peace process. Many IDPs were not aware o the compo-

sition o the delegations to the peace talks and many also were unsure as towhether an IDP representative was present at the peace talks. I I had a repre-sentative at the peace talks, that person would have come back during therecess and explained to us what had happened there, commented one o theIDP camp leaders. And he would have also listened to our views in prepara-tion or the next session.

In the words o a man rom Mucwini camp: The talks would be relevant to usi occasionally one or two representatives o the Acholi people now in Jubawould come here and discuss the results with us and get our thoughts, but noone comes. Everything is hearsay.

Source: United Nations Integrated Regional Inormation Network (IRIN), UGANDA: Population

out of Step with Peace Talks (Kampala: IRIN, September 24, 2007); Oxam International, The

Building Blocks of Sustainable Peace: The Views of Internally Displaced People in Northern

Uganda, Oxam Briefng Paper no. 106 (Oxord: Oxam International, 2007).

Stage II: Internal Consensus Building

Work with the parties to the conict to create political space or theparticipation o IDPs (as described above in the section Create Space orConsultation with or Even Participation o IDPs in Peace Processes).

Provide or request others to provide capacity-building assistance (e.g.,technical expertise) to IDP groups, as well as to the parties. Such



51/85

47


capacity-building eorts should not privilege any group and should aimto provide a common basis or consultation and negotiations.

Request that IDP groups consult internally to gain consensus (notconsensus within the entire IDP community, but consensus withindierent IDP groups) on their key interests.

Engage IDP interlocutors in a dialogue on practical modalities or theirparticipation in the peace process, including in this internal consensus-building stage and subsequent stages. Practical arrangements to be

discussed can include IDPs identication o representatives/spokespersons, logistical arrangements, mechanisms to acilitateeedback o inormation rom the process to IDP communities, andsecurity considerations.

Work with IDPs (whether directly or through operational partners) todevelop and rene the practical modalities or IDP participation in theprocess emerging rom dialogue among IDPs (see above).

Stage III: Seeking Agreement between the Parties

During this third stage, the mediator may pursue a number o approaches,including multilateral talks with the parties and/or shuttle mediation.

Assuming that IDPs are not directly represented at the negotiating table,structure their participation so as to help the parties identiy options.For example, when discussing the return and settlement o IDPs, theparties could benet rom hearing IDP perspectives on the nature andsequence o actions the parties will have to undertake to acilitate returnor settlement elsewhere in the country.

In situations in which parties have very dierent views on an issue thathas implications or IDPs, use the perspectives o IDPs as a neutral (i.e.,de-linked rom the parties) basis or bridging the gap between theparties. Tis approach is most easible in cases in which the IDPs are notclosely aligned with any one group.

I pursuing a linked approach, ensure active back-and-orthcommunication between the mediation team and IDPs or theirrepresentatives, especially on issues that relate specically to IDPs.



52/85

48

Peacemakers oolkit

I an inclusive approach is being used, ensure that IDP representativesare eeding back inormation on the process and options beingdiscussed (respecting the condentiality requirements o the process) tothe broader IDP population.

Stage IV: Implementation

Mediators may no longer be directly involved in a peace process duringthe stage at which an agreement is being implemented, but that stage willproceed more smoothly i the mediators have earlier put in place

ollow-up mechanisms (such as monitoring teams) to acilitate the processo implementation.

For the process-related aspects o implementation (content-relatedaspects are discussed in Step 4), mediators should do the ollowing:

Consult with IDP representatives or communities to solicit input on thedesirability o IDPs playing a direct role in the implementation o anyagreement and their capacity to do so.

Work with IDP groupsthrough meetings and consultative orumstoidentiy areas in which they may need support in the implementationphase (such as external expertise) and to help provide that support.

Ensure that the roles and responsibilities o IDPs during implementationare discussed with the parties and are clearly communicated to broaderIDP constituencies.

Troubleshooting: How to Overcome Obstacles tothe Engagement o IDPs

What can mediators do when conronted with signicant obstacles oroutright opposition to the participation o IDPs in a peace process?

In addition to the guidance oered in Step 2, the ollowingrecommendations may be o use to mediators in overcoming obstacles toIDP participation. Mediators should bear in mind, however, that in manyinstances integration o internal displacement may require signicantcompromises by the parties and indeed by the mediation team.



53/85

49


IDPs Have Disparate ViewsIn cases where groups o IDPs disagree on interests and priorities, themediator or an operational partner may need to moderate between thegroups to try to encourage a convergence o views so that the IDPs willhave a more unied and thus stronger voice in the peace process. Whereconsensus cannot be achieved, the mediator should attempt to reect theIDPs conicting or divergent views in the peace process. Te mediatorcan suggest dierent models (including some o the options in table 3 andtable 4) or the participation o dierent IDP groups. For example, some

groups may opt to have their interests represented by one o the parties,while another group may wish to have representatives present at the venueo the talks.

The Parties Reuse IDP Participation

Faced with parties opposed to the participation o IDPs in the peaceprocess, a mediator should rst ollow the advice provided in Step 2 andtry to use the ramework or integrating internal displacement to createspace or IDP participation. I the parties continue to reuse IDPparticipation, the mediator may wish to consider the ollowing options:

Advocate with other stakeholders (e.g., the parties internationalregional supporters) or IDP participation.

Consider establishing a consultation mechanism that will eed IDPperspectives into the peace process through the mediation (akin toModel A or B in table 3)

Invite the parties to suggest ways in which IDP perspectives could be

integrated via civil society organizations.Suggest to the parties that IDPs provide inputs on specic technicalissues (e.g., return or settlement elsewhere in the country).

Make IDP participation a condition o the mediation.

Inadequate Resources or Time or Full Consultation

In situations in which the mediation team has insufcient resources ortime to ully consult with IDPs, the team should treat every visit to an area

containing IDPs as an opportunity to consult, ormally or inormally, withIDPs. Te team should also seek to augment its knowledge o the interests



54/85

50

Peacemakers oolkit

and perspectives o IDPs by drawing on the experience o other actorswho interact requently with IDPs. Public inormation and outreachmechanisms (such as interviews on local radio stations) oer a way orthe team to keep IDPs inormed about progress in the peace process.



55/85

51

STEP 4

Integrate Human Rights and

Interests o IDPs in the PeaceAgreement

Every peace agreement is unique, o course, being tailored to thecircumstances o the conict it is designed to terminate. Tus, theguidance oered in this chapter on integrating the rights and interests oIDPs in a peace agreement should be regarded purely as a starting point

rom which a mediator can begin to shape the relevant sections o anagreement that ts the specic context o the conict with which he or sheis dealing. Examples o how the human rights and interests o IDPs havebeen incorporated into peace agreements are included throughout thissection.

Consider Two Key Issues

In deciding what overall approach to take toward integrating internaldisplacement in a peace agreement, mediators should consider two key

issues: whether to address internal displacement within the main body othe agreement or in a protocol, and whether to adopt a maximalist orpragmatic attitude toward IDP rights.

Where to Place Provisions on Internal Displacement

A peace agreement may include a small number o substantive provisionsrelating to internal displacement in the main text o the agreement, or itmay include a more expansive range o provisions in an associatedprotocol (e.g., Annex VII to the Dayton Agreement). A third option is tocreate a ollow-up mechanism (e.g., a mechanism to incorporate IDP



56/85

52

Peacemakers oolkit

issues into a wider peacebuilding strategy). Tese options are not mutuallyexclusive, and some combination o two or all three options is common.Mediators may thereore have to decide what provisions to include in themain tex

Documents

Integrating INTERNAL DISPLACEMENT in Peace Processes and Agreements