National Instruments for Internal Displacement
Preparation:
Scope and type
Objectives
To give a clear overview of the different
types and scope of national instruments
on internal displacement
To define the type and scope of a
national instrument required for the
country in question
The instrument
An effective instrument
should:
1.
Be binding or politically
supported
2.
Establish roles and
responsibilities
3.
Allocate resources to those
responsible for activities
The ‘right’ instrument
should:
1.
Address the situation in
question
2.
Be appropriate to the
country’slegal tradition
3.
Take the political
landscape into account
Comprehensive or partial?
Scope
All causes
All phases
A cause
An area
A phase
A theme
Kampala Convention
and Great Lakes Pact
require full
domestication
Displacement caused by
conflict
Property compensation
Durable solutions
Areas affected by
disasters
Displacement-specific v sectoral
Displacement-specific
A single integrated
instrument that covers all
displacement issues
Afghanistan, Kenya,
Uganda, Ukraine and
Yemen, soon Somalia and
Somaliland, draft in Nigeria
Sectoral
Address displacement
issues via the amendment
or alteration of existing
legisation and regulations
Combination of the two
(as in Georgia)?
“What’s your type?”
Type
The Kampala Convention and Great
Lakes Pact require domestication by
law, but article 3.2 of the convention
also envisages policies, strategies and
action plans as appropriate
Laws
and other binding legislation:
Strengthen existing policies by
amending domestic laws
Enable policy implementation
Policies
,
strategies
and
action plans
:
Are not binding but may create
obligations for civil servants
Often complement or pave the
way for an act
Additional capacity and expertise
Technical
support
Advisory role to the lead authority
Facilitate consultations with
stakeholders
Undertake or assist in profiling
exercise
Undertake or assist in legal review
Assist in technical drafting
Advisory role and support in
implementation
Checklist
Common understanding of displacement
Knowledge and information enhanced
Stakeholders mapped
Data collected or being collected
Legal review done or being done
Decision taken on scope of instrument
Decision taken on type of instrument
External support requested
This presentation delves into the types and scope of national instruments for internal displacement, emphasizing the need for a tailored approach based on the country's legal framework. It explores the characteristics of effective instruments, discusses comprehensive versus partial approaches, and examines displacement-specific versus sectoral strategies. The importance of laws, policies, and expert support in addressing displacement issues is highlighted.
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Presentation Transcript
Preparation: Scope and type 1
Objectives To give a clear overview of the different types and scope of national instruments on internal displacement To define the type and scope of a national instrument required for the country in question 2
The instrument An effective instrument should: The right instrument should: 1. Be binding or politically supported 1. Address the situation in question 2. Establish roles and responsibilities 2. Be appropriate to the country slegal tradition 3. Allocate resources to those responsible for activities 3. Take the political landscape into account 3
Comprehensive or partial? All causes Kampala Convention and Great Lakes Pact require full domestication All phases Scope Displacement caused by conflict Areas affected by disasters A cause An area A phase Durable solutions Property compensation A theme 4
Displacement-specific v sectoral Displacement-specific Sectoral A single integrated instrument that covers all displacement issues Address displacement issues via the amendment or alteration of existing legisation and regulations Afghanistan, Kenya, Uganda, Ukraine and Yemen, soon Somalia and Somaliland, draft in Nigeria Combination of the two (as in Georgia)? 5
Whats your type? Laws and other binding legislation: Strengthen existing policies by amending domestic laws Type Enable policy implementation Policies, strategies and action plans: Are not binding but may create obligations for civil servants Often complement or pave the way for an act The Kampala Convention and Great Lakes Pact require domestication by law, but article 3.2 of the convention also envisages policies, strategies and action plans as appropriate 6
Additional capacity and expertise Advisory role to the lead authority Technical support Facilitate consultations with stakeholders Undertake or assist in profiling exercise Undertake or assist in legal review Assist in technical drafting Advisory role and support in implementation 7
Checklist Common understanding of displacement Knowledge and information enhanced Stakeholders mapped Data collected or being collected Legal review done or being done Decision taken on scope of instrument Decision taken on type of instrument External support requested 8
