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Internal Protection Displacement

  1. definition
  2. examples and/or illustrations
  3. other useful sources
  4. bibliography


Definition

“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.”

United Nations Office for the Coordination of Humanitarian Affairs, Guiding Principles on Internal Displacement, September 2004, p.1.

Synonyms : Internal Relocation Alternative, Internal Flight Alternative

French translation: Possibilité de refuge interne / Personnes déplacées à l’interne

 

Examples and/or Illustrations

“Involuntary departure and the fact that the individual remains within his/her country are the two defining elements of an IDP [internally displaced persons]. The first element distinguishes IDPs from individuals who left their homes out of choice and could have otherwise safely remained where they lived. The second element explains why IDPs are not refugees. Refugees, by definition, are outside their country of nationality or habitual residence. In other respects, however, both categories of displaced persons often face similar risks and deprivations.”

Global Protection Cluster, Handbook for the Protection of Internally Displaced Persons, 2010, 6.

“In short, we believe that refugee status may not lawfully be denied simply because the asylum

seeker ought first to have attempted to flee within his or her own State, nor even on the grounds that it would presently be possible for the applicant to secure ‘safety’ in the home country by relocating internally. Where an asylum seeker is shown to have access to true internal protection inside his or her owncountry,however, refugee status need not be recognized. This is because international refugee lawis designed only to provide a back-up source of protection to seriously at-risk persons. Its purpose is not to displace the primary rule that individuals should look to their State of nationality for protection, but simply to provide a safety net in the event a State fails to meet its basic protective responsibilities.”

Hathaway, James C. and Michelle Foster, “Internal Protection/Relocation/Flight Alternative as an Aspect of Refugee Status Determination”,  Refugee Protection in International Law: UNHCR’s Global Consultations on International Protection (edited by Erika Feller, Volker Türk and Frances Nicholson, Cambridge University Press, 2003), 358-359.

“The concept of an internal flight or relocation alternative is not a stand-alone principle of refugee law, nor is it an independent test in the determination of refugee status. A Convention refugee is a person who meets the criteria set out in Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees (hereinafter “1951 Convention”). These criteria are to be interpreted in a liberal and humanitarian spirit, in accordance with their ordinary meaning, and in light of the object and purpose of the 1951 Convention. The concept of an internal flight or relocation alternative is not explicitly referred to in these criteria. The question of whether the claimant has an internal flight or relocation alternative may, however, arise as part of the refugee status determination process.”

UN High Commissioner for Refugees, Guidelines on International Protection No. 4: “Internal Flight or Relocation Alternative” Within the Context of Article 1A(2) of the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugees, 23 July 2003, HCR/GIP/03/04, p.2, available at: http://www.unhcr.org/refworld/docid/3f2791a44.html (accessed 3 May 2012).

 

Other Useful Sources

United Nations Office for the Coordination of Humanitarian Affairs, Thematic Areas: Displacement, http://www.unocha.org/what-we-do/policy/thematic-areas/displacement (accessed on April 30, 2012).

 

Bibliography

Hickel, Marguerite Contat,”Protection of internally displaced persons affected by armed conflict: Concept and challenges” (2001) International Review of the Red Cross, No. 843, available at:

Global Protection Cluster, Handbook for the Protection of Internally Displaced Persons, 2010.  

Inter-Agency Standing Committee, Protection of Internally Displaced Persons : Inter-Agency Policy Paper, 6 December 1999, available from: http://www.unicef.org/emerg/files/IDPPolicy.pdf (accessed on April 30, 2012).

United Nations Office for the Coordination of Humanitarian Affairs, Guiding Principles on Internal Displacement, September 2004, available from: http://ochanet.unocha.org/p/Documents/GuidingPrinciplesDispl.pdf (accessed on April 30, 2012).

Hathaway, James C. and Michelle Foster, “Internal Protection/Relocation/Flight Alternative as an Aspect of Refugee Status Determination”,  Refugee Protection in International Law: UNHCR’s Global Consultations on International Protection (edited by Erika Feller, Volker Türk and Frances Nicholson, Cambridge University Press, 2003).

UN High Commissioner for Refugees, Guidelines on International Protection No. 4: “Internal Flight or Relocation Alternative” Within the Context of Article 1A(2) of the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugees, 23 July 2003, HCR/GIP/03/04, available at: http://www.unhcr.org/refworld/docid/3f2791a44.html (accessed 3 May 2012).