Guiding Principles on Internal Displacement


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Legal Database on the Guiding Principles

Legal Database

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General reference to the Guiding Principles
1(1) Prohibition of discrimination against IDPs as such
1(2) Without prejudice to int’l criminal responsibility
2(1) Principles apply to all authorities, groups and persons
2(2) Principles are without prejudice to human rights, humanitarian, refugee or domestic law
3(1) States have primary duty to protect and provide aid
3(2) IDPs’ right to request protection and aid
4(1) Prohibition of discrimination among IDPs
4(2) Special protections for children, mothers, disabled, elderly
5-Duty to respect human rights and humanitarian obligations in order to prevent displacement
6(1) Prohibition of arbitrary displacement
6(2)(a) Arbitrary displacement: ethnic cleansing
6(2)(b) Arbitrary displacement: armed conflict
6(2)(c) Arbitrary displacement: development projects
6(2)(d) Arbitrary displacement: natural disasters
6(2)(e) Arbitrary displacement: collective punishment
6(3) Duty to limit duration of displacement
7(1) Duty to consider feasible alternatives
7(2) Duty to accommodate in conditions of safety, nutrition, health, hygiene
7(2) Duty to accommodate without separating families
7(3)(a) Requirement of decision by empowered authority
7(3)(b) Duty to provide full information to IDPs
7(3)(c) Duty to obtain consent of IDPs
7(3)(d) Duty to consult with IDPs, especially women
7(3)(e) Duty to provide law enforcement
7(3)(f) Right to judicial review and remedy
8-Prohibition of displacement in manner violating life, dignity, liberty, security
9-Special protections for indigenous and other land-dependent groups
10(1) Right to life/Duty to protect from: genocide, murder, arbitrary execution and enforced disappearance
10(2) Duty to protect from violent forms of attack
11(1) Right to physical, mental and moral integrity
11(2) Duty to protect from: rape, torture, slavery, terrorism, etc.
12(1) Right to liberty and personal security/Duty to protect from arbitrary arrest and detention
12(2) Duty to protect from unnecessary internment
12(3) Duty to protect from discriminatory arrest and detention
12(4) Duty to protect from hostage-taking
13(1) Prohibition of recruitment of children
13(2) Duty to protect against coerced recruitment
14(1) Right to freedom of movement
14(2) Right to move freely in and out of camps
15(a) Right to seek safety in another part of the country
15(b) Right to leave one’s country
15(c) Right to seek asylum in another country
15(d) Duty to protect from forcible return/resettlement
16(1) Right to know fate/whereabouts of relatives
16(2) Duty to inform next of kin
16(3) Duty to collect, identify, and return remains
16(4) Duty to protect/provide access to gravesites
17(1) Right to respect for family life
17(2) Right of family to remain together
17(3) Duty to reunite families
17(4) Right of families to remain together while interned
18-Right to an adequate standard of living/Duty to provide food, water, housing, clothing, medical services, & sanitation
18(3) Duty to include women in planning and distribution of basic supplies
19(1) Right to medical care for sick, wounded, and disabled
19(1) Right to psychological and social services
19(2) Special attention to female health needs
19(3)-Special attention to AIDS and other infectious diseases
20(1) Right to legal personhood
20(2) Duty to issue/replace passports, identity documents, birth and marriage certificates
20(3) Equal right of men and women to documents in their own names
21(1) Prohibition of arbitrary deprivation of property
21(2) Duty to protect IDPs’ property and possessions from pillage, destruction, reprisal
21(3) Duty to protect IDPs’ property against illegal occupation
22(1)(a) Right to freedom of thought, conscience, religion, belief, opinion, expression
22(1)(b) Right to seek employment
22(1)(c) Right to free association
22(1)(d) Right to vote and participate in governmental affairs
22(1)(e) Right to communicate in a language one understands
23(1) Right to education
23(2) Duty to provide free, compulsory primary education
23(3) Duty to ensure participation of women in education
23(4) Duty to provide education as soon as conditions permit
24(1) Duty to provide aid in an impartial, non-discriminatory fashion
24(2) Duty not to divert aid for political or military reasons
25(1) Primary duty of States to provide humanitarian aid
25(2) Right of organizations to offer services/Duty of States not to arbitrarily refuse
25(3) Duty of all actors to grant and facilitate access to IDPs
26-Duty to respect and protect aid providers
27-Duty of aid providers to respect protection needs of IDPs
28(1) Duty to establish conditions for safe, voluntary return/resettlement
28(2) Duty to consult with IDPs regarding return/resettlement
29(1) Prohibition of discrimination against returnees/resettled persons
29(2) Duty to recover/compensate for lost property
30-Duty of all actors to facilitate access to returnees/resettled persons

Academic Institutions
Council of Europe
Council of Europe - European Court of Human Rights
Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War
International Committee of the Red Cross
International Criminal Court
League of Nations
National Courts
National Legislatures
Nongovernmental Organizations - Advocacy Groups/Service Providers
OAS-Inter-American Commission of Women
OAS-Inter-American Commission on Human Rights
OAS-Inter-American Court of Human Rights
OAS-Organization of American States
Organization for Economic Development (OECD)
Organization of African Unity/African Union
Public International Law - Hague Conventions
Public International Law - Peace Agreements
UN-Commission on Human Rights/Human Rights Council
UN-Committee against Torture
UN-Committee for the Elimination of Racial Discrimination
UN-Committee on Economic, Social and Cultural Rights
UN-Committee on the Elimination of Discrimination against Women
UN-Committee on the Rights of the Child
UN-Economic and Social Council
UN-General Assembly
UN-High Commissioner for Refugees (UNHCR)
UN-Human Rights Committee
UN-International Court of Justice
UN-International Criminal Tribunal for the Former Yugoslavia
UN-International Labor Organization
UN-International Law Commission
UN-Other
UN-Representative of the Secretary-General on the Human Rights of Internally Displaced Persons
UN-Security Council
UN-Special Rapporteurs and Representatives
UN-Subcommission on the Promotion and Protection of Human Rights
World Bank