rights of the displaced people. Many of these Principles may gradually
attain the status of customary international law. But as Francis Deng
reminds us, “for the time being they serve as a morally binding
statement.”[ii] A statement of this nature that promises to be
‘morally binding’ on a wide spectrum of primarily national
governments and secondarily, other relevant international and
non-governmental agencies must cut across the well-known divisions of
the prevailing ethical and moral systems and elaborate itself in a way
that it does not remain captive to any particular modality of moral
reasoning. Plurality of such systems and modalities is helpful in
building the much-needed ‘moral consensus’ around these principles.
While the Guiding Principles have already gained an impressive degree of
recognition at the international, regional, and national level, more
remains to be done to foster their use, particularly in South Asia,
where many states with large displacement problems lack comprehensive
policies or effective remedies for those.
It is to be hoped that this booklet will itself encourage that
process. South Asia has
seen millions of people displaced both across borders and within borders
– again both by conflict and by developmental projects, and in some
cases by natural calamities. This
booklet is intended to make a survey of how far the Guiding Principles
on IDPs is relevant to each state of the region and how far they have
been implemented and what remains to be done.
Whose Responsibility Is It Anyway?
If the state-centric nationalistic approach has meant the exclusion of
minorities and has produced large number of refugees in the
post-colonial states in Asia and Africa, state-centric national security
perspective and development paradigm have not done any better. The
people displaced |
|
against this backdrop may have got some relief if they have been able to
cross international boundaries. Crossing the international boundary may
entitle them to “refugee” status, thus providing them at least a fig
leaf of relief and rehabilitation in an alien land. But wretched are
those who remain internally displaced. They remain at the mercy of the
same state and administration whose policy might have sent them on the
run. According to all estimates, the number of Internally Displaced
Persons (IDPs) is rising compared to the refugees seeking shelter in
another country. South Asia is no exception to this. But, so far, no
systematic and comprehensive study was carried out. Only a few brief,
and sometimes sketchy, reports and articles are available on the plight
of the IDPs in South Asia. This booklet hopefully will fill that awesome
and disturbing vacuum. The booklet is meant to explore the nature and
the extent of displacement in respective countries of South Asia and
provide recommendations to minimize the insecurity of the displaced by
discussing mechanisms for rehabilitation and care. As for who takes
responsibility for the displaced? The
answer is primarily the state, although there are attempts on its part
to abdicate its responsibility in this regard. None of the states of
South Asia recognizes right against forced displacement as a
non-negotiable right. We have to note that it is the policies of the
state and the model of development and nation building that it has
pursued since its birth that have caused and continue to cause
displacement in largest numbers. It is primarily a failure of the state
system. The booklet is meant to explore how far South Asian states are
sensitive to the needs of the IDPs, how they can be made sensitive to
these needs and whether the UN Guiding Principle are being adhered to,
to any extent.
What is The Way Ahead?
|