Principle 29 provides that authorities also have “the duty and responsibility” to assist displaced persons to recover “to the extent possible” their property and possessions, and where restitution is not possible to provide or assist the displaced persons to obtain appropriate compensation.   Like the preceding principle, this one relies on general precepts of the right to property, the right to remedy for violations of international law, as well as a growing adherence in Security Council resolutions, treaties, national law and other sources of authority. 

 Special Provisions for Women 

In the guiding principles a concerted attempt was made to prioritise gender issues.  For example, while discussing groups that needed special attention in Principle 4 it was stated that expectant mothers, mothers with young children and female heads of households, among others, are people who may need special attention. In Principle 7 it was stated that when displacement occurred due to reasons other than armed conflict authorities should involve women who are affected, in the planning and management of their relocation.  Principle 9 upheld that IDPs should be protected in particular against “Rape, mutilation, torture, cruel, inhuman or degrading treatment or punishment, and other outrages upon personal dignity, such as acts of gender-specific violence, forced prostitution and any other form of indecent assault.” Special protection was also sought against sexual exploitation.  Principle 18 stated that special efforts should be made to include women in planning and distribution of supplies. Principle19 stated that attention should be given to the health needs of women and Principle 20 stated that both men and women had equal rights to obtain government documents in their own names. 

Apart from the Guiding Principles there are other international mechanisms that displaced women can access.  They include the 1979 Convention on the Elimination of All Forms of Discrimination against Women (hereafter CEDAW) and the 1999 Optional Protocol sets out specific steps for states to become proactive in their efforts to eliminate discrimination against displaced women.  Article 2 of CEDAW clearly states that public authorities, individuals, organisations and enterprises should refrain from discrimination against women. Article 3 reiterated women’s right to get protection from sexual violence. Article 6 spoke against trafficking and sexual exploitation of women. Since most displaced women are particularly vulnerable to traffickers this article is of some importance to them.  It must be noted that all the countries of South Asia are signatories to CEDAW with some reservations but not of the proportion that it negates the overarching principles and therefore the onus of being gender sensitive in their attitude and programmes is on them. Apart from these there are other international provisions that protect women’s human rights.  Article 3 of the Geneva Conventions of 12 August 1949 calls for the halt of weapons against the civilian population and to protect all civilians, including children, women and persons belonging to ethnic and religious minorities from violations of humanitarian law.   Article 29 of ILO 1930 Convention concerning forced or compulsory labour also impacts the situation of women.  It calls for the end of violations of the human rights of women, in particular forced labour, abuse and torture of labourers including women.

Are Guiding Principles Legally Binding? 

Although the UN Guiding Principles on Internal Displacement is not a legally binding treaty it is formed of principles that are based on established legal mechanisms for aiding the human