Tag Archives: refugees

Article on HLP rights and durable solutions in GPC Digest

by Rhodri C. Williams

A short piece I wrote on the relationship between ‘housing, land and property’ (HLP) rights and durable solutions for displaced persons has been published in the Global Protection Cluster Digest, vol. 1/2014, and can be accessed in pdf form here. I have also added the last draft before final edits just below.

The thrust of the piece will be pretty familiar to any regular readers of this blog. I’ve been going on about the steady demise of the Pinheiro Principles and their exclusive focus on restitution (over other forms of reparation) for some time now. As precedents like the ECHR Demopoulos decision and humanitarian changes in tack like the IDP Durable Solutions Framework crowded in, it became ever more clear that a more balanced approach was justified.

Indeed, even before the spike in global displacement seen since 2011, growing awareness of the problem of protracted displacement had put local integration front and center in international discussions of durable solutions. Where displacement persists because return is not on the table, continuing to emphasize the future hope of restitution can distract both displaced persons and host communities from practical steps to ameliorate the here and now. Meaning that a more balanced approach was also necessary.

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Happy Midsummer’s Eve – and World Refugee Day

by Rhodri C. Williams

Every now and then the various preoccupations of this blog collide in unexpected ways. Today is such a day. Sitting here on Åland, its the first day of my summer vacation and time for the rites of Midsummer Eve, a pagan celebration the observance of which is an important part of the local community’s sense of itself. It is a day of rootedness in traditions carried out on a particular piece of turf since time out of mind by people connected through the ages by language and a sense of cultural continuity and the simple fact of their abiding presence.

All of which makes the contrast with this day’s other guise so jarring. It is World Refugee Day and not just any such day, but the one that has seen the greatest spike in conflict-related displacement since World War II. As this village’s 30 families raise the midsummer pole tonight, over 50 million people in other parts of the world have been violently uprooted from their communities, their traditions, their homes and their lands. It is a truly grim milestone and one that will cast a shadow over this and many future midsummer evenings to come.

Chile and the unfinished business of justice and reparation

by Clara Sandoval

Dr. Clara Sandoval is a qualified lawyer and a Senior Lecturer in the School of Law at Essex University. She is the Director of the Essex Transitional Justice Network and Member of the Human Rights Centre as well as the Advisory Board of the Human Rights Clinic. She specializes on the Inter-American human rights system, transitional justice and reparations.

Forty years have passed since the coup in Chile and we are still waiting for justice and reparation for the majority of Pinochet’s victims. As a result of the dictatorship in Chile, there were more than 200,000 exiles, more than 38,000 survivors of torture (according to the Valech Commission) and roughly 3,000 persons subjected to enforced disappearance or extra judicial killings (according to the Rettig Commission).

Don Leopoldo García Lucero, his wife Elena and their three daughters are some of those victims. He was detained in 1973 in Santiago, passed through various detention centres (among them El Estadio Nacional, Tres Alamos and Chacabuco) where he was subjected to torture (physical and mental) and other cruel, inhuman or degrading treatment. In the summer of 1975 he was expelled from the country by decree. He arrived in the UK with his family as refugees. Since 1973 his life and that of his family has been on hold. He lives in London in social housing with his wife.

Chile has adopted important measures to deal with the legacy of mass atrocities, particularly in the area of reparation and memory, but most of them were for the benefit of the next of kin of those disappeared or killed. Meanwhile, justice (meaning the investigation, prosecution and punishment of the perpetrators of those crimes) and adequate, prompt and full reparation for torture survivors and their next of kin, those in exile and those victims who are both exiles and torture survivors remain an unfinished business.

Chile began its transition to democracy between 1988/90, and thirteen years later, in 2003, the Valech Commission was established to identify the survivor victims of torture, and only in 2004 some reparations were put in place to deal with the harm caused to torture survivors and their next of kin; these were primarily designed to provide redress to those living in Chile and not those in exile like Mr. García Lucero. In contrast, truth-seeking and reparation for victims of disappearances and killings took place just after the return to democracy at the beginning of the 1990s.

The investigation, prosecution and punishment of torture perpetrators remain a challenge in Chile. Very few cases are being investigated; the punishment of perpetrators is not proportional to the gravity of the crimes, and Chile lacks a specialized system (as it has for disappearances and killings) to investigate torture cases.

Furthermore, in Chile there are various obstacles to justice: the amnesty law remains in place (despite the judgment of the Inter-American Court in Almonacid Arellano v. Chile ruling it was contrary to human rights), and in particular, there is a law that decrees that all information that was collected by the Valech Commission remain secret for 50 years. However, this information is of extreme importance in the investigation of torture cases which occurred during the dictatorship given the difficulties to identify perpetrators without being able to cross-reference information with other persons who were detained in the same places and at the same time.

This is why the litigation against Chile in the case of Don Leopoldo García Lucero, his wife Doña Elena and their three daughters was important to REDRESS and to me as one of its lawyers. Victims, particularly torture survivors who are permanently disabled (like Don Leopoldo) and were unable to move on after what happened to them, and are in exile with their families, are extremely vulnerable people who have a right to justice and reparation, but face multiple barriers to making them a reality.

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Coping with the realities of climate displacement: The Peninsular Principles

by Khaled Hassine

Dr. Khaled Hassine is an international laywer specialized in property restitution and mass claims procedures, who was part of the Peninsula Principles drafting team.

Though the linkages between climate change and displacement are complex and cannot entirely be predicted, the enduring debate about causality and path dependency seems somewhat derisive in light of the reality faced by many people around the world who are losing their homes and livelihoods as a result of climatic changes and their effects 

Climate displacement already is and will increasingly be one of the many ways in which affected populations adapt to their changed environment. Eventually, albeit belatedly, this actual fact was acknowledged in 2010 by the Cancún Adaptation Framework, which recognized migration, displacement and planned relocation as forms of adaptation to climate change.

The Peninsular Principles on Climate Displacement Within States are born out of a necessity to cope with this reality. The process was driven by people and communities claiming the protection of their rights in the wake of both large and small-scale threats from an increasingly hostile environment.

It is they themselves who felt that there was a pressing need to develop a normative, institutional and implementation framework. Displacement Solutions as an international non-governmental organization merely took on this grass root quest for guidance and solutions, and helped to facilitate and steer a process geared towards addressing the pivotal questions of climate displacement that concern people everywhere.

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Syria is hemmorrhaging

As the Syria crisis reaches yet another crescendo, the UNHCR comes out with a really quite astonishing tweet:

Whether born of calculation or desperate spontaneity, the composition of the thing effectively conveys a seasoned humanitarian agency that is on its knees in the face of unprecedented humanitarian catastrophe. It will be a hard act to follow. Lets hope it never needs to be.

For a glimpse of the pressure cooker life in a camp in Hatay province, Turkey, see Robin Yassin Kassab’s latest in Foreign Policy. The manner in which camp life produces hyper-compressed vignettes of the windy discourses we are all so familiar with now is striking – and worth quoting at length:

Part of the problem is Western fear of the opposition’s greatly exaggerated Islamist-extremist element. The irony is that the longer the tragedy lasts, the greater the empowerment of once minor and irrelevant jihadi forces.

Atmeh village, on a hill behind the camp, has been turned into a barracks for the foreign Islamist fighters of Hizb ut-Tahrir. These men are not, apparently, fighting the regime, but waiting for “the next stage” — in other words, the coming struggle between moderates and Islamist extremists after the fall of the regime. Syrians, including democratic Islamists, refer to them derisively as “the spicy crew” and shrug off the risk they represent. One assured me it would take “two minutes” to expel them once the regime falls.

But sectarian hatreds — stoked by the regime’s propaganda, its Alawite death squads, and assaults on Sunni heritage — are certainly rising. I met a man whose wife and 11 children were killed in an airstrike and who plans to marry again and produce 11 more children, “just so I can teach them to kill Alawites.” There’s a teenager who boasted, “Afterwards, we won’t leave a single Alawite alive.”

This deliberate attack on the social fabric is perhaps the regime’s greatest crime. When tyrants light the fuse of sectarian war, they are unleashing passions that extend beyond politics. They are killing people who have not yet been born.

Yassin-Kassab’s account is included in a recent list of articles on Syria recommended by Syrian activists. See also the Guardian here for a description of the effect of the conflict in neighbouring Syria – as well as dubious sectarian populism by the Turkish government – on the  mixed but traditionally tolerant population of Hatay province.

Meanwhile, for a refreshingly clear explanation of the dynamics behind the latest, mysterious wave of Syrian Kurd refugees that broke over Iraq two weeks ago (and which for UNHCR must have been the final straw), see Hugh Eakin in the NYRB blog.

And finally, a new Oxfam report, written together with the ABAAD-Resource Center for Gender Equality, shows that women refugees are both disproportionately represented in and impacted by displacement, going hungry to feed their families and facing heightened domestic violence.

Global conflict-induced displacement at highest level since 1994

by Rhodri C. Williams

During any given spring in the past, the release of the global internal displacement figures by the IDMC followed by the overall displacement numbers from UNHCR came as a malign one-two punch. Even in the salad days of the mid-2000s, the ostensibly ‘stabilized’ figures of around 25 million conflict-induced internally displaced persons (IDPs) and around 12 million refugees involved huge numbers by any count, staggering in their relentless accretion of human misery and broken lives. And all the more so as consciousness dawned of the rising tide of disaster displacement (and a studious silence about the additional millions uprooted by development projects persisted).

But with all that in our luggage, this year has been particularly bad. First came IDMC in April with the unwelcome news that conflict-related internal displacement (and by implication, the re-emergence of regional and internal armed conflicts) had been written off far too early. And now comes UNHCR pointing to 45.2 million deracinated lives at the end of 2012. Before you even count a further six months of rampant displacement in Syria, in other words, we see the worst overall conflict displacement numbers since 1994, the year the Rwanda genocide began and it seemed the Bosnia war would never end (and no one even had the energy to ask what was happening in the north and south Caucasus anymore).

Gird your loins humanitarians, it looks like we called it too early.

Report on property issues and displacement in Libya for UNHCR

by Rhodri C. Williams

Entering Tajoura, picture by the author

Toward Tajoura, March 2012, picture by the author

Many TN readers will be aware that I spent the better part of last Spring working for the UNHCR on a report on housing, land and property (HLP) issues related to displacement in Libya. The research involved interviews with numerous internally displaced persons (IDPs), many of the officials directly or indirectly responsible for their welfare, as well as civil society activists and legal experts. The work was undertaken throughout the north of the country, including Tripoli, Misrata, Benghazi, Sirte, Ajdabiya, Tiji, Nalut, Yefren and Kikla.

The resulting report was published earlier this Fall and includes both immediate term recommendations for humanitarian programming and longer term observations on how the process of seeking durable solutions for Libya’s displaced relates to broader dynamics of transitional justice, rule of law reconstruction and sustainable development. Accordingly, those of you who have read my earlier short piece on HLP issues in Libya will find many of the themes introduced there greatly expanded upon here. 

The report goes into some detail and is not a light read at nearly 100 pages. The Executive Summary is a bit more manageable at 15 pages and closely tracks the four part breakdown of the full paper. However, in order to help TN readers get a quick overview of the main points in the paper, I have further compressed the summary down to about five pages, reprinted just below.

A great deal of credit is due to the UNHCR country office in Libya, and particularly to Senior Protection Officer Samuel Cheung, for recognizing early on the need to understand the nexus between property issues and displacement in Libya. The UNHCR also proved farsighted in providing a mandate not only to examine the humanitarian implications of property disputes, but also to extend the analysis to take in concerns related to transitional justice, rule of law and development.

Since its local release last Fall, the report has supported efforts by both national advocates and international observers to ensure that outstanding property questions in Libya are resolved in accordance with international standards. Such efforts will be crucial to achieving an end to the ongoing and protracted displacement of entire communities collectively punished for their imputed support for the Gaddafi regime, and thereby achieving meaningful national reconciliation.

The report also underscores the need for more research and further analysis in order to ensure that the resolution of HLP issues is based on Libyan realities as well as international standards. There have been some very promising signs on this front, including the inclusion of a study on property and housing issues in a broader project related to strengthening rule of law institutions in Libya run by the Hague Institute of Global Justice, as well as plans to shortly include an updated property rights profile of Libya in USAID’s land tenure country profiles series.

In sum – this paper represents a first stab at a complex issue that is crucial to Libya’s future. I am grateful to the UNHCR for giving me the opportunity to participate in this process and look forward to any comments and feedback from TN readers.

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