capacity to cross international borders but seek rehabilitation from the
powers that are responsible for their displacement in the first place.
Besides being ‘potential refugees’ who might cross international
borders, most of the IDPs living in these countries share ethnic
continuities with the people of the neighbouring countries. The Pashtuns
of northwest Pakistan for example, seem to harbour an active interest in
the affairs of their ethnic cousins living in Afghanistan and vice
versa. Similarly, much of what happens inside today’s Myanmar has its
implications for the minorities of northeastern India and Bangladesh.
Massive displacement and the resulting plight of the predominantly
tribal populations such as, the Nagas of Myanmar continue to be one of
the key running themes of the Naga rebel discourse across the borders
and the ethnic cousins of Myanmar are described by it as, ‘the Eastern
Nagas’. Insofar as the creation of national borders could not make
many of these pre-existing ethnic spaces completely obsolescent, South
Asia’s living linkages with West or South East Asia can hardly be
exaggerated. Also national specificities notwithstanding South Asian
IDPs are connected by their ethnicities, minority status and situations
of extreme marginalisation. This portrays the reality that in so far as in South Asia
IDPs cannot be regarded as a national category.
It is essential to think of them as regional categories.
The situation of IDPs seems particularly vulnerable when one considers
that there are hardly any legal mechanisms that guide their
rehabilitation and care in South Asia.
Since the early 1990s the need for a separate legal mechanism for
IDPs in South Asia has increasingly been felt.
This is not only to compile new laws but also to bring together
the existing laws within a single legal instrument and to plug the
loopholes detected in them over the years. Only recently the
international community has developed such a mechanism that is popularly
known as the UN Guiding Principles on internal displacement. |
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This has given us a framework within which rehabilitation and care of
internally displaced people in South Asia can be organised. Keeping that
in mind it becomes imperative for scholars working on issues of forced
migration in South Asia to consider whether South Asian states have
taken the Guiding Principles into account while organising programmes
for rehabilitation and care for the internally displaced persons (IDPs).
The Guiding Principles on Internally Displaced Persons set out the
rights of internally displaced persons relevant to the needs they
encounter in different stages of displacement. The Guiding Principles
provide a handy schematic of how to design a national policy or law on
internal displacement that is focused on the individuals concerned and
responsive to the requirements of international law.
Similarly, governments (and particularly national human rights
institutions where they exist), advocates, and displaced persons can use
the Guiding Principles as a means to measure the compliance of existing
laws and policies with international standards.
Finally, their simplicity allows the Guiding Principles to
effectively inform the internally displaced themselves of their rights.
The Guiding Principles are thus part of a growing number of “soft
law” instruments that have come to characterize norm-making in the
human rights field as well as other areas of international law, in
particular environmental, labor and finance.
One of the most important contributions of the Guiding Principles is to
develop an acceptable definition/description of those who can fit within
the category of internally displaced persons.
They are defined as “persons or groups of persons who have been
forced or obliged to flee or to leave their homes or places of habitual
residence, in particular as a result of or in order to avoid the effects
of armed conflict, situations of generalized violence, violations of
human rights or natural or human-made disasters, and who have not
crossed an
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