According to several
statistic sources, the number of people who have left their habitual residence
due to armed conflicts, internal strife or systematic violations of human
rights has exceeded 20 million persons [i].
Although these persons have
been labeled “internally displaced people”, the legal status granted
to them has been nearly “none” in comparison to the extensive and efficient
protection system for Refugees.
In the bottom-line it means
that people who have fled or left their homes however have not crossed an
internationally recognized State border, but rather have sought refuge in
another part of their own State, remain under national legal jurisdiction, and
therefore have no clear especial treatment or protection by international
instruments. Their protection is provided in an ad hoc basis
by the legal bodies of Human Rights Law and International Humanitarian Law, and
it is intrinsically linked to whether or not the referred State has signed and
ratified the respective treaties.
The complexities and
dilemmas related to IDPs start with its definition itself and continue with its
normative framework, response strategies and policies. In the direction of
defining a normative framework, the representative of Secretary-General on
internally displaced persons developed, in 1998, the “guiding principles on
Internal Displacement” to provide even guidance to all actors involved in
addressing IDP needs.
It is clear that IDP cannot
be considered refugee, once their status under law does not match. However, the
lack of clear and well-defined rights, and a proper legal definition hinder
their protection and assistance.
IDPs stand in a vulnerable
position to acts of violence, and in a hazard environment susceptible to losses
of values and traditions ties, and when it comes to children in such context,
all of these rocket. They become gradually susceptible to forced labor, early
marriage, domestic violence, sexual exploitation and recruitment (child
soldiers), just to name a few.
Their special condition of
“persons in physical and physiological development” requires additional
attention when identifying risks, threats, vulnerabilities and capacities that
may obstruct any endeavor in promoting and improving conditions for them to
develop themselves in all aspects of livelihood.
As in general, children are
very deeply influenced by their cultural and social environment, the identification
of the factors that deeply influence negatively and positively children’s
resilience and coping mechanism[ii] is crucial to the
understanding of their needs and underlying issues.
Nonetheless, any type of
activity towards children must acknowledge them as social actors as well as the
crucial role they play in their own protection. They must not be
seen as victims or as mere recipients of aid, but as subjects of rights
guaranteed by their own state, and, in its absence or inability, by
international community. As prescribed in article 39 of the
Convention on the Rights of the Child (psychological recovery and social
reintegration), an environment conducive for children’s recovery, reintegration
and development[iii] must
be guaranteed; if not existent, it ought to be built.
As there is no central body
in charge of assistance and protection of IDPs, protection and assistance are
carried out in cooperation amongst humanitarian actors (NGOs and UN agencies,
for instance, UNICEF) based on ad hoc arrangements and
coordination guided by “the principles of internal displacement”. However, the
first policies must come from the local and national authorities, and
international community may deliver complementary assistance.
There are at least 13
million internally displaced children worldwide, uprooted from their homes and
regular lives. It means there are over 13 millions expectations waiting to be
achieved.
By Giselle Pinheiro
Arcoverde
[i] The international Protection of Internally
displaced persons. By Nils Geissler, International Journal of Refugee Law, Vol.
11, N. 03, p. 451-478.
[iii]Psychosocial rehabilitation of IDP Children: using
theatre, art, music and sports, By Nazim Akhundov, Forced Migration Review 06,
Dec 1999, p. 20 – 21.
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