{"content":{"sharePage":{"page":0,"digests":[{"id":"39742166","dateCreated":"1306834198","smartDate":"May 31, 2011","userCreated":{"username":"jfnunez","url":"https:\/\/www.wikispaces.com\/user\/view\/jfnunez","imageUrl":"https:\/\/www.wikispaces.com\/i\/user_none_lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/ohchrglossary.wikispaces.com\/share\/view\/39742166"},"dateDigested":1532174660,"startDate":null,"sharedType":"discussion","title":"(Posted on behalf of Rosa da Costa) Comments on Section 12.2 Refugees, asylum seekers and internally displaced people","description":"a) Definition of IDPs should be included
\nb) Protection from arbitrary (forced) displacement should be included
\nc) The rights of IDPs to freedom from discrimination should be included
\nd) Procedural and other rights in situations of internal displacement to be included
\n
\nDefinition of IDPs
\nSee Guiding Principles on Internal Displacement, Introduction (para 2):
\n\u201c [\u2026] internally displaced persons are persons or groups 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 or natural or human-made disasters, and who have not crossed an internationally recognized state border.\u201d
\n
\nProtection against arbitrary displacement
\nPrinciple 6: Guiding Principles on Internal Displacement
\nCondensed:
\n\u201c1. Every human being shall have the right to be protected against being arbitrarily displaced from his or her home or place of habitual residence.\u201d
\n
\nComprehensive:
\nPrinciple 6: Guiding Principles on Internal Displacement
\n\u201c1. Every human being shall have the right to be protected against being arbitrarily displaced from his or her home or place of habitual residence.
\n2. The prohibition of arbitrary displacement includes displacement:
\n(a) When it is based on policies or apartheid,-ethnic cleansing- or similar practices aimed at \/ or resulting in altering the ethnic, religious or racial composition of the affected population;
\n(b) In situations of armed conflict, unless the security of the civilians involved or imperative military reasons so demand;
\n(c) In cases of large-scale development projects, which are not justified by compelling and overriding public interests;
\n(d) In cases of disasters, unless the safety and health of those affected requires their evacuation; and
\n(e) When it is used as a collective punishment.
\n3. Displacement shall last no longer than required by the circumstances.
\n
\nFreedom from discrimination \u2013IDPS
\nPrinciple 1: Guiding Principles on Internal Displacement
\n\u201c 1. Internally displaced persons shall enjoy, in full equality, the same rights and freedoms under international and domestic law as do other persons in their country. They shall not be discriminated against in the enjoyment of any rights and freedoms on the ground that they are internally displaced.\u201d
\n
\nProcedural and other rights related to displacement
\nPrinciple 7: Guiding principles on Internal Displacement
\n\u201c1. Prior to any decision requiring the displacement of persons, the authorities concerned shall ensure that all feasible alternatives are explored in order to avoid displacement altogether. Where no alternatives exist, all measures shall be taken to minimize displacement and its adverse effects.
\n
\n2. The authorities undertaking displacement shall ensure, to the greatest practical extent, that proper accommodation is provided to the displaced persons, that such displacements are affected in satisfactory conditions of safety, nutrition, health and hygiene, and that members of the same family are not separated.
\n
\n3. If displacement occurs in situations other than during the emergency stages of armed conflicts and disasters, the following guarantees shall be complied with:
\na) A specific decision shall be taken by a State authority empowering by law to order such measures;
\nb) Adequate measures shall be taken to guarantee to those to be displaced full information on the reasons and procedures for their displacement and, where applicable, on compensation and relocation;
\nc) The free and informed consent of those to be displaced shall be sought;
\nd) The authorities concerned shall endeavor to involve those affected, particularly women, in the planning and management of their relocation;
\ne) Law enforcement measures, where required, shall be carried out by competent legal authorities; and
\nf) The right to an effective remedy, including the review of such decisions by appropriate judicial authorities, shall be respected.\u201d","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"38520770","dateCreated":"1304494011","smartDate":"May 4, 2011","userCreated":{"username":"cristinamichels","url":"https:\/\/www.wikispaces.com\/user\/view\/cristinamichels","imageUrl":"https:\/\/www.wikispaces.com\/i\/user_none_lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/ohchrglossary.wikispaces.com\/share\/view\/38520770"},"dateDigested":1532174660,"startDate":null,"sharedType":"discussion","title":"comments to the list of IHR and IHL violations","description":"Hello, if you spot in the list of violations any major mistakes or gaps, please post your comments in this page. Thanks","replyPages":[{"page":0,"digests":[],"more":0}]}],"more":false},"comments":[]},"http":{"code":200,"status":"OK"},"redirectUrl":null,"javascript":null,"notices":{"warning":[],"error":[],"info":[],"success":[]}}