My UNGPID Presentation

8/3/2019 My UNGPID Presentation

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Commission on Human Rightsof the Philippines


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Introduction to the

By: SI1 J.M. FabiaaCommission on Human Rights, Regional Office XI, Davao City


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It is so far the most comprehensive legal protection for

Internally Displaced Persons (IDPs)

It is intended to serve as an international standard to guide

governments as well as humanitarian and development

agencies in providing protection and assistance to IDPs.

It provides four (4) sets of principles relating to :

Protection From Displacement

Protection During Displacement

Humanitarian Assistance

Return, Resettlement and Reintegration


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Understanding


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The phenomenon ofInternal Displacement refers to theinvoluntary or coerced movement or relocation of persons,

families, or communities from their areas of habitual abode

and source of subsistence within national border.

Human Made-Disasters

Natural Disasters

The internally displaced persons in the Philippines are usuallydriven to exodus or mass departure to escape harm and

persecution arising from:


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Human Made-Disasters Armed conflict

Situations of generalized violence

Violations of human rights

Demolition Environmental destruction, and

Aggressive implementation

of development

Natural Disasters Storms

Floods

Volcanic eruptions


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Persons or group 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, natural or human-made disasters. (Par. 2,

Introduction Scope and Purpose, United Nations Guiding Principles on

Internal Displacement)

In some cases internal displacement may be caused by coercive

economic factors.

Persons who are forced to move as a response to systematicviolations of their human rights, including economic, social, andcultural rights, fit the description of an internally displacedperson.


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IDP vs. Refugee

According to the United Nations High Commissioner for

Refugees (UNHCR):

IDPs are those who are forcedto flee their homes but remain within

the territory of their own country. They are unable to cross national

borders and reach another international recognized state or country

where they could receive protection and assistance which they

desperately need.

According to the United Nations:

Refugees refer to persons who, owing to externalaggression,

occupation, foreign domination, or events seriously disturbing public

order in either part or the whole of his country of origin or nationality,

is compelled to leave his place of habitual residence in order to seek

refuge in another place outside his country of origin or nationality.


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State BState A

IDP vs. Refugee a simplified illustration

Bor

de

r

IDPs Refugees

Being internally displaced

does not confer to the IDPs

legal status as provided for

by international refugee

law.

Refugees are

protected by the

International

Refugee Law of

1958.


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Families from rural areas, usually from the interior andhinterland communities.

In urban centers, those who are categorized as urban poor are

the hardest hit by forced eviction.

Moro ethno-linguistic groups: Maguindanaoan, Maranao,

Iranun, and Tausug

Indigenous peoples:Blaan, TBoli, Higaononon, Manobo,

Subanen, and Teduray.

Mindanao(where, by far, majority of IDPs are found)


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Mindoro: Mangyan communities have been affected by military

operations against the New Peoples Army (NPA)

This also holds true in some villages in Eastern Visayas and some

parts ofLuzon.

Cordillera Region: have been haunted by episodes of

displacements not only due to militarization, but also because of

tribal wars and enroachment of so-called development projects.


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From rural to urban areas

From conflict-ridden and devastated places to areas where

they feel relatively sheltered from violence and harm.

Others who are uprooted from their ancestral domains andfarms find temporary shelters in church, plaza, schools,

government buildings, and evacuation centers.

Some goes deeper into the forest where they feel safer, and

where food may be found.

Others move in with their relatives elsewhere, or migrate to

the cities and live in informal settlements.


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The three (3) types of displacements:

Temporary Displacement

Repeated Displacement

Long Term Displacement


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Temporary Displacement

Is a situation where the victims are

compelled to transfer from their

usual place of abode or community

for a relatively brief period of time.

Example:

A community forced to seek temporaryshelter in an evacuation site until aheavy storm or swelling of the riversubsided.


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Repeated Displacement

Takes place when families or

communities are driven to move

elsewhere a number of times.

This usually happens in placeswhere skirmishes betweengovernment troopers and membersof armed opposition groups erupt

from time to time, disruptingrepeatedly the lives and usualactivities of the affectedpopulation.


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Long-term Displacement

A situation where affected

persons or families are

forced to stay in temporary

settlements for an indefinite

period of time.

They are unable to return to their original placeof residence for fear over their lives and safety,devastation of their properties and source ofsubsistence, or the lack of economic andpolitical mans to go back and rebuild theircommunity.


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Displacement is considered to have

ceased when the victims havereturned or successfully resettledelsewhere, living a lifestyle similaror better as before displacement,and when cultural and psychosocialrehabilitation are attained.

According to the Ecumenical Commission for the Displaced

Families and Communities (ECDFC)


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The psychological effects of displacement are appalling. Signs of

traumatic distress such as intense anxiety, fear, shock and

disorientation are most notable among IDPs who underwent life-

threatening situations, including those who are widowed ororphaned by war or any similar tragic situations.

Intense Anxiety, Fear, Shock and Disorientation

Involuntary movements of evacuees disrupt their usual lives. Evenwhen their displacement is over, the crack in the community

social relationships may continue leading to the phenomenon of

social trauma.

Social Trauma


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Effects on Children

Unable to resume peaceful lives, the education of children are

greatly affected.

to their education

Kids grow up in a climate of aggression, animosity, and

deprivation are likely to imbibe a culture of hostility and

aggression as a way of resolving conflicts.

to their growth

Impoverished as they already are, malnutrition and various

kind of sickness stalk the IDPs, especially those who stay in

evacuation sites with hardly any assistance from authorities.

to their health


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Protection From DisplacementAll authorities shall respect and ensure for their obligations under

international law, including human rights and humanitarian law,

in all circumstances, so as to prevent and avoid conditions that

might lead to displacement of persons.

In a nutshell:

Prohibition of arbitrary displacement unless necessary;

Use other alternatives, and if the are none measures shall be taken

to minimize displacement;

If displacement is necessary proper accommodation should be

provided;

Displacement shall not be carried out in a manner that violates the

rights to life, dignity, liberty and security of those affected;


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Protection During DisplacementEvery human being has the inherent right to life which shall be

protected by law. One shall be arbitrarily deprived of his or her

life. Internally displaced persons shall be protected against

genocide, murder, summary or arbitrary execution, enforced

disappearances, including abduction or unacknowledgeddetention, threatening or resulting to death

In a nutshell:

basically, internally displaced persons are still protected under

existing domestic laws. This is because, unlike refugees, IDPs are stillwithin the jurisdiction of their nation.

the rights of the IDPs should also be protected specially those with

special concerns. They should not be subjected to human rights

violations such as hamleting.


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Relating to Humanitarian AssistanceAll humanitarian assistance shall be carried out in accordance

with the principles of humanity and impartiality and without

discrimination.

In a nutshell: prohibition against hamleting

humanitarian organizations should not be deprived of access to

offer their services to the IDPs

the transport of supplies should be protected


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Relating to Return, Resettlement and ReintegrationCompetent authorities have the primary duty and responsibility

to establish conditions, as well as provide the means, which allow

internally displaced persons to return voluntarily, in safety and

with dignity, to their homes or places of habitual residence, or to

resettle voluntarily in another part of returned or resettled

internally displaced persons.

In a nutshell:

prohibition against discrimination as a result of their having been

displaced;

duty of competent authorities to assist in the return of IDPs

including, to some extent possible, recover their property and

possession which they left behind.


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My UNGPID Presentation

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