“shall not be interned in or confined in a camp” absent
“exceptional circumstances” and that they shall not be subject to
discriminatory arrest “as a result of their displacement.”
Likewise Principle 20 provides that the right to “recognition
everywhere as a person before the law” should be given effect for
displaced persons by authorities facilitating the issuance of “all
documents necessary for the enjoyment and exercise of their legal
rights, such as passports, personal identification documents, birth
certificates and marriage certificates.”
The Guiding Principles provide for special consideration of the needs of
women and children (including “positive discrimination” or
affirmative activities on behalf of governments to model assistance and
protection to their particular needs, consultation and involvement in
decisions regarding their displacement and return or resettlement,
protection against recruitment of minors and free and compulsory
education), as well as for other especially vulnerable groups, such as
the elderly and disabled.
Rights and Obligations of Humanitarian Organizations
The Guiding Principles also lay out a number of rights and obligations of
humanitarian organizations in Principles 24-27. This section again stresses the point that “[t]he primary
duty and responsibility for providing humanitarian assistance to
internally displaced persons lies with national authorities”
(Principle 25(1)). In
carrying out this duty, national authorities must not “arbitrarily
withhold” consent to international humanitarian organizations’ offer
of services to the internally displaced, and must “grant and
facilitate” their free passage to areas where assistance is needed.
Humanitarian personnel, materiel, and supplies are not to be
attacked or diverted for other purposes.
For their part, humanitarian organizations |
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must carry out their operations “in accordance with the principles of
humanity and impartiality and without discrimination” and should
“give due regard to the protection needs and human rights of
internally displaced persons” and not just their needs for
assistance.
Opportunities and
Assistances of Returnees Towards Reintegration and Resettlement
In their final
section, the Guiding Principles provide that competent authorities have
“the primary duty and responsibility” to assist displaced persons by
providing the means as well as by establishing conditions for return to
their places of origin, or for resettlement in another part of the
country (Principle 28). Any
return or resettlement must be voluntary and carried out in conditions
of safety and dignity for those involved.
As a corollary to the right to free movement, therefore, displaced
persons have the right to return to their homes.
Although the right to return or resettle is not expressly stated
in any particular human rights instrument, this interpretation of the
right of free movement is strongly supported by resolutions of the
Security Council, decisions of treaty monitoring bodies, and other
sources of authority.
Moreover, although the displaced have the right to return, Principle 28
carefully specifies that they must not be forced to do so, particularly
(but not only) when their safety would be imperiled. The issue of the voluntariness of return or resettlement is
recurrent in protracted displacement situations around the world.
In many places, governments and insurgent groups have ceded to
the temptation to use the return or resettlement of displaced persons as
a political tool.
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