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Recommendation 1877 (2009)
Europe’s forgotten people: protecting the human rights of long-term displaced persons
1. The Parliamentary
Assembly has regularly expressed concern over the unresolved situation
of internally displaced persons (IDPs) scattered over 11 of the
47 member states of the Council of Europe. It has consistently called
on governments to seek durable solutions for the return, local integration
or integration elsewhere in the home countries of displaced persons
and to guarantee the protection of their rights under the provisions
of relevant Council of Europe instruments and in line with the United
Nations Guiding Principles on Internal Displacement (hereinafter
“UN Guiding Principles”).
2. The Assembly welcomes the work the Committee of Ministers
has previously undertaken in elaborating a set of 13 recommendations
on IDPs (Committee of Ministers Recommendation Rec(2006)6 on internally displaced
persons), which builds on the UN Guiding Principles and underlines
the binding obligations undertaken by member states. It regrets,
however, that since the adoption of the Committee of Ministers’ recommendation,
the process for finding durable solutions has stalled once again
and the marginalisation of the displaced populations in Europe has
on the whole deepened.
3. The Assembly continues to be deeply concerned by the estimated
2.5 to 2.8 million IDPs who remain displaced in Council of Europe
member states. Approximately 99% of those displaced fled their homes
as many as fifteen to thirty-five years ago as a result of conflicts
arising from many and varied causes. It regrets that only about
a quarter of all IDPs from previous decades have found a durable
solution to their displacement, and most of them have settled elsewhere
than their places of origin.
4. The Assembly deplores the fact that the majority of displaced
persons continue to live in destitution, struggle to enjoy their
rights and are marginalised by disregard or failure to protect their
human rights, in particular economic, social and cultural rights.
Many categories of IDPs are particularly vulnerable, dependent on
state aid and in need of targeted assistance. Some 390 000 IDPs
in Europe still live in collective centres, makeshift shelters or
informal settlements without security of tenure and often without
access to basic services such as water, electricity or sewage systems.
The persistence of inadequate housing and living conditions after so
many years reinforces their social marginalisation.
5. The Assembly has repeatedly urged the governments of the Council
of Europe member states to implement relevant normative frameworks
provided by the UN Guiding Principles and Committee of Ministers Recommendation
Rec(2006)6. It regrets in this respect that only a few of the member
states concerned have made progress in bringing IDP legislation
in line with the provisions of the UN Guiding Principles and the Committee
of Ministers’ recommendation.
6. The Assembly is convinced that the key to ensuring full enjoyment
of human rights by long-term displaced persons in Europe lies in
combined and reinvigorated efforts by the local, national and international actors
in terms of finding political solutions to protracted conflicts,
improved legal and normative frameworks and increased will and capacity
of all relevant actors to implement such frameworks.
7. Real solutions are difficult to achieve for IDPs as long as
the underlying causes of displacement such as protracted conflicts
and ethnic divisions are not addressed. Some member state governments
still do not exercise effective control over their entire territory
because of the lack of resolution of conflicts. The stalled peace
negotiations, or even backtracking from the existing peacekeeping
and peace-building mechanisms, absence of organised reconciliation
mechanisms and continued insecurity limit IDPs’ access to their
rights and obstruct their return.
8. The Assembly underlines that in the absence of political settlements,
the temporary or long-term integration of IDPs in their current
place of residence should be encouraged. Local integration through providing
basic − even if temporary − conditions that enable displaced persons
to lead a normal life due to equal and full access to adequate living
conditions, livelihoods, education and basic services, is not incompatible
with return. The Assembly welcomes the recent policy shifts in Azerbaijan
and Georgia in this regard.
9. The right of IDPs to make a voluntary and informed choice
between three options: return to their homes, local integration
at the site of displacement, or settlement in another, safe, part
of the country, must be respected.
10. IDPs’ right to return under international humanitarian law,
as well as under the freedom of movement deriving from international
and regional human rights law, must be unconditionally observed
and ensured by all responsible authorities. Transitional justice
measures have to be established to address wrongs suffered (including
arbitrary displacement) and perpetrators of international crimes
must be brought to justice.
11. The Assembly recognises the need for continued international
assistance to IDPs in terms of financial aid and technical assistance
in order to avoid their becoming Europe’s “forgotten people”. This
is particularly important in the context of the current global economic
crisis.
12. The Assembly warns that neglecting the interests of IDPs carries
a real political risk that the frozen conflicts associated with
them can re-ignite at any time. The war between Georgia and Russia
last year was a sinister reminder that continued international indifference
to long-term displacement situations can contribute to renewed conflict,
significant loss of life and the displacement of many more people
from their homelands.
13. The need for a genuine international peacekeeping force in
places where violence and prejudice against local communities and
IDPs cannot be curbed by local means should also remain a top priority
of the international community.
14. It is also crucial for all communities concerned to address
the deep-rooted patterns of discrimination against members of ethnic
minorities, which seriously undermine sustainable returns.
15. In light of the above, the Assembly recommends that the Committee
of Ministers:
15.1. as regards durable
political solutions:
15.1.1. seek
new political impetus for finding peaceful settlement of the protracted
conflicts in Europe with a view to guaranteeing durable solutions,
including the voluntary and informed return of displaced persons
to their places of origin under international humanitarian law,
the requirements of the Helsinki Final Act and commitments to the
Council of Europe;
15.1.2. urge all member states of the Council of Europe to uphold
the international law principles of state sovereignty and territorial
integrity of member states;
15.1.3. work on political, technical and financial issues related
to the establishment of the peacekeeping missions necessary for
the protection, dignified return and integration of IDPs;
15.2. as regards observance of international protection standards:
15.2.1. urge the member states to rigorously
observe the UN Guiding Principles and Committee of Ministers Recommendation
Rec(2006)6 and to include, where relevant, the UN Guiding Principles
in national legislation, if this has not already been done;
15.2.2. establish a new permanent committee within the Council
of Europe with a mandate to examine asylum and displacement issues
to replace the ad hoc Committee of Experts on the Legal Aspects
of Territorial Asylum, Refugees and Stateless Persons (CAHAR), and
to task it with examining possible legal gaps in international and
national law with a view to elaborating additional binding international
instruments, as proposed in Committee of Ministers Recommendation
Rec(2006)6, studying the implementation mechanisms of legal frameworks applicable
to IDPs, and working out concrete benchmarks for durable solutions
in each country concerned;
15.2.3. raise awareness of the rights and existing protection
mechanisms under the European Convention on Human Rights (ETS No.
5), the revised European Social Charter (ETS No. 163) and its collective
complaint mechanism, the European Commission against Racism and Intolerance
(ECRI) and the Framework Convention for the Protection of National
Minorities (FCNM, ETS No. 157) in terms of their application to
IDPs;
15.3. as regards the protection of rights of IDPs, to call upon
relevant member states to work out, together with IDPs, durable
solutions, and, in particular:
15.3.1. review,
enact and implement national strategies and action plans by setting
out a clear legal and institutional framework assuring effective
protection of IDPs and addressing their specific vulnerabilities,
and revise and amend existing laws in order to remove all legal impediments
for integration of the IDPs;
15.3.2. mobilise and empower IDPs as actors of their own protection;
15.3.3. fully respect the voluntary nature of return, integration
or settlement;
15.3.4. ensure the safety and security of IDPs, particularly at
locations of return, and, in particular, where landmines and unexploded
ordnance remain;
15.3.5. pursue the process of reconciliation more vigorously,
especially in the areas of return or settlement of IDPs, by fostering
a political and cultural climate of respect, tolerance and non-discrimination
and by investigating and bringing to justice perpetrators of crimes
against humanity, war crimes and inter-ethnic violence;
15.3.6. restitute property or occupancy/tenancy rights and/or
provide prompt, effective and fair compensation where restitution
is not possible, and repair or rebuild restituted houses or construct
alternative adequate accommodation;
15.3.7. provide IDPs with full access to rights, legal documentation
and free legal assistance;
15.3.8. make income-generating activities available to IDPs to
facilitate their social and economic reintegration and, in particular,
to ensure full and non-discriminatory access to jobs offered by
private or public employers; to develop social welfare systems that
can benefit IDPs in need of assistance, in particular social housing
schemes; where relevant, to transfer social security and pension
rights;
15.3.9. guarantee living conditions and access to basic needs
according to relevant standards;
15.3.10. find adequate solutions for the most vulnerable groups
of people who are still accommodated in collective centres, tented
camps or other makeshift accommodation;
15.3.11. ensure that displaced children attend school together
with non-displaced children to the extent possible, and that they
receive quality education without financial barriers;
15.3.12. ensure that IDPs can exercise their right to participate
in public affairs at all levels, including their right to vote or
stand for election, which may require special measures such as IDP voter
registration drives, or absentee ballots;
15.3.13. monitor the sustainability of durable solutions for IDPs
as well as their living conditions, in particular with regard to
adequate housing;
15.3.14. ensure that IDPs and returnees have full, free and uninterrupted
access to humanitarian assistance; such access should not be blocked
or hindered by states because of political considerations;
15.3.15. share experiences and good practices on achieving durable
solutions for IDPs;
15.4. as regards Council of Europe activities concerning IDPs
in Europe, bring together representatives of IDPs from across Europe
in order for them to share and learn from their different experiences;
15.5. with a view to strengthening political and economic stability
in the member states concerned, invite the governments of all member
states of the Council of Europe to:
15.5.1. continue to support the process of voluntary return, local
integration and integration elsewhere in the country of IDPs with
financial assistance, technical know-how and expertise;
15.5.2. make voluntary contributions for the specific programmes
of the Council of Europe which aim to strengthen the protection
of human rights, the rule of law and democracy in the countries
significantly affected by displacement;
15.5.3. continue to support national, regional and international
human rights institutions operating in the member states concerned
in their capacity to encourage governments to address the limited
access of IDPs to their rights.
16. The Assembly further recommends that the Committee of Ministers
call upon the European Union to:
16.1. pay
increased attention to the issues related to finding durable solutions
to the situation of IDPs and their human rights concerns within
the framework of its European Neighbourhood Programme (ENP) as well
as its new Eastern Partnership programme;
16.2. increase the role of the European Security and Defence
Policy (ESDP) peacekeeping missions in potential conflict zones;
16.3. maintain the political momentum in the relevant non-European
Union member states with a clear European integration perspective;
assess improvement of the situation of IDPs, in particular progress with
regard to the conditions for durable solutions, within their possible
accession processes;
16.4. continue to support the process of voluntary return, local
integration or integration elsewhere in the country with financial
assistance and expertise;
16.5. contribute financially to the specific joint programmes
with the Council of Europe aiming to strengthen the protection of
human rights of IDPs in Europe, in particular those of the most
vulnerable groups, and to enhance the awareness and capacity of
local actors dealing with IDP issues.
17. The Assembly invites the Congress of Local and Regional Authorities
of the Council of Europe to look into the issue of effective means
for augmenting the awareness and capacity of local authorities as
regards the complexities of integration of IDPs in places of displacement,
their specific needs and particular vulnerabilities.
18. The Assembly encourages the Council of Europe Commissioner
for Human Rights to bring together national human rights institutions
and ombudspersons from the regions that currently have long-term
IDPs in order to assess the progress made in accomplishing various
Council of Europe recommendations on protecting IDPs’ rights and
identify the remaining obstacles for securing durable solutions,
and issue a position paper on the subject matter.
19. The Assembly calls on the Council of Europe Development Bank
to step up its co-operation with the member states concerned with
a view to financing more projects regarding returning refugees and
IDPs.
20. The Assembly recognises the need to give more comprehensive
follow-up to progress made on the above issues through its country-by-country
monitoring mechanism and “ regional” or issue-based reports by its
Committee on Migration, Refugees and Population.