Understanding National Instruments for Internal Displacement
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
