My UNGPID Presentation
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Transcript of My UNGPID Presentation
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Commission on Human Rightsof the Philippines
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Introduction to the
By: SI1 J.M. FabiaaCommission on Human Rights, Regional Office XI, Davao City
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It is so far the most comprehensive legal protection for
Internally Displaced Persons (IDPs)
It is intended to serve as an international standard to guide
governments as well as humanitarian and development
agencies in providing protection and assistance to IDPs.
It provides four (4) sets of principles relating to :
Protection From Displacement
Protection During Displacement
Humanitarian Assistance
Return, Resettlement and Reintegration
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Understanding
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The phenomenon ofInternal Displacement refers to theinvoluntary or coerced movement or relocation of persons,
families, or communities from their areas of habitual abode
and source of subsistence within national border.
Human Made-Disasters
Natural Disasters
The internally displaced persons in the Philippines are usuallydriven to exodus or mass departure to escape harm and
persecution arising from:
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Human Made-Disasters Armed conflict
Situations of generalized violence
Violations of human rights
Demolition Environmental destruction, and
Aggressive implementation
of development
Natural Disasters Storms
Floods
Volcanic eruptions
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Persons or group of persons who have been forced or obliged
to flee or to leave their homes or places of habitual residence,
in particular as a result of or in order to avoid the effects of:
armed conflict, situations of generalized violence, violations of
human rights, natural or human-made disasters. (Par. 2,
Introduction Scope and Purpose, United Nations Guiding Principles on
Internal Displacement)
In some cases internal displacement may be caused by coercive
economic factors.
Persons who are forced to move as a response to systematicviolations of their human rights, including economic, social, andcultural rights, fit the description of an internally displacedperson.
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IDP vs. Refugee
According to the United Nations High Commissioner for
Refugees (UNHCR):
IDPs are those who are forcedto flee their homes but remain within
the territory of their own country. They are unable to cross national
borders and reach another international recognized state or country
where they could receive protection and assistance which they
desperately need.
According to the United Nations:
Refugees refer to persons who, owing to externalaggression,
occupation, foreign domination, or events seriously disturbing public
order in either part or the whole of his country of origin or nationality,
is compelled to leave his place of habitual residence in order to seek
refuge in another place outside his country of origin or nationality.
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State BState A
IDP vs. Refugee a simplified illustration
Bor
de
r
IDPs Refugees
Being internally displaced
does not confer to the IDPs
legal status as provided for
by international refugee
law.
Refugees are
protected by the
International
Refugee Law of
1958.
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Families from rural areas, usually from the interior andhinterland communities.
In urban centers, those who are categorized as urban poor are
the hardest hit by forced eviction.
Moro ethno-linguistic groups: Maguindanaoan, Maranao,
Iranun, and Tausug
Indigenous peoples:Blaan, TBoli, Higaononon, Manobo,
Subanen, and Teduray.
Mindanao(where, by far, majority of IDPs are found)
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Mindoro: Mangyan communities have been affected by military
operations against the New Peoples Army (NPA)
This also holds true in some villages in Eastern Visayas and some
parts ofLuzon.
Cordillera Region: have been haunted by episodes of
displacements not only due to militarization, but also because of
tribal wars and enroachment of so-called development projects.
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From rural to urban areas
From conflict-ridden and devastated places to areas where
they feel relatively sheltered from violence and harm.
Others who are uprooted from their ancestral domains andfarms find temporary shelters in church, plaza, schools,
government buildings, and evacuation centers.
Some goes deeper into the forest where they feel safer, and
where food may be found.
Others move in with their relatives elsewhere, or migrate to
the cities and live in informal settlements.
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The three (3) types of displacements:
Temporary Displacement
Repeated Displacement
Long Term Displacement
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Temporary Displacement
Is a situation where the victims are
compelled to transfer from their
usual place of abode or community
for a relatively brief period of time.
Example:
A community forced to seek temporaryshelter in an evacuation site until aheavy storm or swelling of the riversubsided.
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Repeated Displacement
Takes place when families or
communities are driven to move
elsewhere a number of times.
This usually happens in placeswhere skirmishes betweengovernment troopers and membersof armed opposition groups erupt
from time to time, disruptingrepeatedly the lives and usualactivities of the affectedpopulation.
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Long-term Displacement
A situation where affected
persons or families are
forced to stay in temporary
settlements for an indefinite
period of time.
They are unable to return to their original placeof residence for fear over their lives and safety,devastation of their properties and source ofsubsistence, or the lack of economic andpolitical mans to go back and rebuild theircommunity.
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Displacement is considered to have
ceased when the victims havereturned or successfully resettledelsewhere, living a lifestyle similaror better as before displacement,and when cultural and psychosocialrehabilitation are attained.
According to the Ecumenical Commission for the Displaced
Families and Communities (ECDFC)
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The psychological effects of displacement are appalling. Signs of
traumatic distress such as intense anxiety, fear, shock and
disorientation are most notable among IDPs who underwent life-
threatening situations, including those who are widowed ororphaned by war or any similar tragic situations.
Intense Anxiety, Fear, Shock and Disorientation
Involuntary movements of evacuees disrupt their usual lives. Evenwhen their displacement is over, the crack in the community
social relationships may continue leading to the phenomenon of
social trauma.
Social Trauma
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Effects on Children
Unable to resume peaceful lives, the education of children are
greatly affected.
to their education
Kids grow up in a climate of aggression, animosity, and
deprivation are likely to imbibe a culture of hostility and
aggression as a way of resolving conflicts.
to their growth
Impoverished as they already are, malnutrition and various
kind of sickness stalk the IDPs, especially those who stay in
evacuation sites with hardly any assistance from authorities.
to their health
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Protection From DisplacementAll authorities shall respect and ensure for their obligations under
international law, including human rights and humanitarian law,
in all circumstances, so as to prevent and avoid conditions that
might lead to displacement of persons.
In a nutshell:
Prohibition of arbitrary displacement unless necessary;
Use other alternatives, and if the are none measures shall be taken
to minimize displacement;
If displacement is necessary proper accommodation should be
provided;
Displacement shall not be carried out in a manner that violates the
rights to life, dignity, liberty and security of those affected;
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Protection During DisplacementEvery human being has the inherent right to life which shall be
protected by law. One shall be arbitrarily deprived of his or her
life. Internally displaced persons shall be protected against
genocide, murder, summary or arbitrary execution, enforced
disappearances, including abduction or unacknowledgeddetention, threatening or resulting to death
In a nutshell:
basically, internally displaced persons are still protected under
existing domestic laws. This is because, unlike refugees, IDPs are stillwithin the jurisdiction of their nation.
the rights of the IDPs should also be protected specially those with
special concerns. They should not be subjected to human rights
violations such as hamleting.
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Relating to Humanitarian AssistanceAll humanitarian assistance shall be carried out in accordance
with the principles of humanity and impartiality and without
discrimination.
In a nutshell: prohibition against hamleting
humanitarian organizations should not be deprived of access to
offer their services to the IDPs
the transport of supplies should be protected
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Relating to Return, Resettlement and ReintegrationCompetent authorities have the primary duty and responsibility
to establish conditions, as well as provide the means, which allow
internally displaced persons to return voluntarily, in safety and
with dignity, to their homes or places of habitual residence, or to
resettle voluntarily in another part of returned or resettled
internally displaced persons.
In a nutshell:
prohibition against discrimination as a result of their having been
displaced;
duty of competent authorities to assist in the return of IDPs
including, to some extent possible, recover their property and
possession which they left behind.
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