Welcome to the United Nations 
OHCHR 
Statements Commission on Human Rights
STATEMENT BY MR. FRANCIS M. DENG REPRESENTATIVE OF THE SECRETARY-GENERAL ON INTERNALLY DISPLACED PERSONS - COMMISSION ON HUMAN RIGHTS – 57th Session
12 April 2001
Share
12 April 2001
Mr. Chairman,
Distinguished Delegates,
Ladies and Gentlemen,
As my mandate as Representative of the Secretary-General on Internally Displaced Persons is under consideration for renewal, I believe it is time to reflect, once again, on what we have accomplished since it was created nearly ten years ago and what challenges still lie ahead in the monumental quest for an effective system of protection and assistance for the world’s internally displaced.
In doing so, I would like to recall the circumstances under which I undertook the assignment and what that has meant for the manner in which I have carried out my responsibilities under the mandate. When Secretary-General Boutros Boutros-Ghali called to offer me the position, in persuading me to accept, he emphasized that internal displacement was not only a global crisis, but one that affected our African continent the most; and in Africa, he said, my country, the Sudan, was the worst hit; and in the Sudan, my people in South Sudan were the primary victims. “I cannot see how you can say ‘no’ to this assignment.” he said.
The Secretary-General was, of course, correct. Internal displacement is a global crisis that affects from 20 to 25 million people in over 40 countries, in literally all regions of the world. But Africa, with half the world’s displaced populations, is the worst hit continent. And in Africa, my own country, the Sudan, with over 4 million internally displaced persons, leads the continent as the most affected. And in the Sudan, the people of the southern part of the country are by far the most afflicted.
As the Secretary-General predicted, these human realities give me a particular sense of purpose. I do not approach this mission with detachment and neutrality; rather, I see it as a personal commitment to do all I can to help alleviate the tragic conditions of the internally displaced. Irrespective of the level of development in their country, these populations share a common need for protection of their physical security and their fundamental human rights, for humanitarian assistance, and for durable solutions in accordance with universal standards of human dignity.
Mr. Chairman, as I have noted on previous occasions, the role of the mandate has crystallized into that of a catalyst within the international system, to raise the level of awareness about the plight of the internally displaced, to advocate their cause, and to dialogue with Governments and all pertinent actors on ways of ensuring their protection and assistance. Looking back to where we were a decade ago, and the discourse on the crisis today, there can be no doubt that there has been significant movement in acknowledging the crisis.
Another area in which we have managed to make progress has been in developing a normative framework for the internally displaced, one of the main objectives of the mandate. Beginning with the initial request by the Commission to review the state of existing international law in relation to the needs of the internally displaced, followed by the request for a comprehensive compilation and analysis of existing law with the same objective, then a further request that I develop an appropriate framework on internal displacement, my work in this area has been carried out with the direction and support of the Commission and the General Assembly in their relevant resolutions. It was also in the spirit of mutual understanding and support that I opted for non-binding Guiding Principles on Internal Displacement, instead of a legally binding instrument, such as a convention. The purpose was to meet the need for a normative framework which many U.N. agencies and other intergovernmental and non-governmental organizations in the field had identified as requiring urgent attention and remedy.
The Guiding Principles, based on existing norms of human rights law, humanitarian law, and analogous refugee law, was to be an authoritative and morally persuasive document that would fill the existing vacuum without undermining the sovereign rights of States to negotiate legally binding instruments. The positive response the Guiding Principles have received at all levels, nationally, regionally and internationally, by Governments, U.N. agencies, intergovernmental and non-governmental organizations, is testimony to the need for guidance in providing protection and assistance to the internally displaced.
Mr. Chairman, some Governments have recently expressed concern about the manner in which the Guiding Principles were developed. They have questioned the fact that the Principles have not been drafted or formally adopted through an intergovernmental process. However, as I have indicated, this process was chosen to expedite the development of an appropriate framework to meet an urgently felt need. More importantly, it should be remembered that the process was undertaken in response to requests from the Commission and the General Assembly. Indeed, the resolutions of these bodies have called for the dissemination and application of the Principles and have requested the Representative to use them in his dialogues with Governments and all those concerned with displaced populations. It should also be noted that the process was broad-based and inclusively representative.
Ironically, the positive response the Guiding Principles have received worldwide since their submission to the Commission may have contributed to a reaction of caution and generated reflections on alternative approaches. This positive response should be appreciated and encouraged rather than being used as grounds for reversing the progress made. I see the challenge as an ongoing effort to improve on what we have accomplished. Since the Guiding Principles are not legally binding, though based on existing law and authoritatively documented in the recently published Annotations, I would think there is ample room for commentaries that would make the Principles a growing document, enhanced rather than diminished by constructive dialogue on the substance of the provisions in relation to the needs of the internally displaced. Needless to say, in the consultations that I have been holding with Governments about the Principles, I have emphasized that we should see ourselves on the same ground, striving to achieve the same goal -- the best interests of the internally displaced populations the world over.
Mr. Chairman, the challenge of developing appropriate institutional arrangements for the internally displaced has been even more challenging than that of developing a normative framework. But in this area too there has been encouraging movement. My initial report proposed several options: appointing a new agency for the internally displaced; designating an existing agency to assume full responsibility for them; and enhancing the collective capacity of the international system through the collaborative approach. The last has emerged as the preferred option and although coordination has been problematic, steps are being taken to try to make it work more effectively. Among these steps has been the Secretary-General’s reform agenda which assigned responsibility for ensuring that the needs of internally displaced persons are met by the Emergency Relief Coordinator who heads the Office for the Coordination of Humanitarian Affairs (OCHA) and chairs the Inter-Agency Standing Committee (IASC).
The IASC has recently established a Senior Inter-Agency Network on Internal Displacement to appraise the effectiveness of coordination at the country level and to ensure that the needs of the internally displaced populations for protection and assistance are met. The Network’s framework of reference, I am pleased to report, are the Guiding Principles on Internal Displacement. The Inter-Agency Network will soon submit a report to the Secretary-General, building on a number of country reviews to make recommendations on additional measures that might be taken to improve coordination and the effectiveness of the system for the internally displaced. This development is indeed very much in line with recommendations which I have made over the years to improve on the effectiveness of coordination. Indeed, my mandate has cooperated closely with the Network, creating complementarity between the mandate’s role as a catalyst and advocate and the capacity of the operational agencies that the Network rallies in the field. It is my hope that this effort to inject renewed vigour into addressing the plight of the displaced will promote progress on the ground. Focal points or other targeted approaches may need to be created on the ground to ensure that protection and assistance for the internally displaced are effectively provided. And protection strategies will need to be developed to better promote the physical safety and human rights of the affected populations.
Mr. Chairman, the litmus test for the significance and effectiveness of international efforts is the difference they make in ensuring protection and assistance to the internally displaced on the ground. That is why my country visits are a critically important aspect of the mandate. They offer us the opportunity to witness first hand conditions on the ground, the needs of the displaced populations, how they are being met, what gaps exist in meeting them, and what can be done to improve coverage and effectiveness in providing protection and assistance for internally displaced persons. This is the most demanding and creative aspect of my work.
In the dialogue with Governments and all other relevant actors, I emphasize recognition of the problem as internal and therefore as falling under state sovereignty. But in a spirit of cordiality, I also convey the interpretation of sovereignty, not as a barricade against the outside world, but as a normative concept of responsibility for citizens and all those under state jurisdiction. The role of the mandate is essentially to facilitate cooperation between the States and the international community in meeting those needs for which the capacity of the State may not be adequate. One must, with respectful candour, also point out that where a population is in dire need for protection and assistance, and their own Government shows no will to protect and assist them, including by inviting or at least welcoming outside assistance, the international community is called upon to find ways of remedying the situation. Sovereignty can therefore be best protected by discharging the responsibilities associated with it and by facilitating international cooperation on behalf of the needy populations.
Mr. Chairman, to date, I have undertaken 19 country missions in different regions of the world, most recently to Burundi, Georgia, Armenia and Angola. The findings of these missions and the recommendations for addressing the plight of the internally displaced more effectively are set out in my reports to the Commission. Looking ahead, plans are underway for me to visit the Sudan in May and Indonesia in June. I have also accepted invitations from the Governments of Turkey and the Philippines and will be undertaking those missions in the course of this year. When country missions are combined with seminars that engage the Government, the international community and civil society in the search for solutions, they are especially effective.
Needless to say, country missions can only be meaningful if they result in improving the conditions of the internally displaced in a practical and visible way. If not, they can only raise hopes, which degenerate into despair and the loss of faith in the United Nations and the international community. This is why I plead with authorities at all levels to give these field visits a positive meaning for the affected populations and appeal to them to ensure implementation of my recommendations.
While most countries respond positively to my requests for visits and extend invitations, some Governments respond evasively or negatively, even when the crisis of internal displacement in their countries is visibly severe. I urge the United Nations system to find a way of engaging those countries and persuading them to open up to international cooperation on behalf of their people. The international community, in turn, must ensure that agencies on the ground are provided with the necessary resources to meet the material needs of the internally displaced.
I should add, Mr. Chairman, that an important aspect of the work of the mandate has been to pursue ongoing, independent studies of various aspects of internal displacement, both generically and in specific situations. Since the Secretary-General challenged me to conduct through an independent research institution, an independent study of the problem which resulted in the two volumes: Masses in Flight: The Global Crisis of Internal Displacement, The Forsaken People: Case Studies of the Internally Displaced and their abridged version, Exodus within Borders, we have continued to focus on specific issues to deepen our understanding of this global crisis and the multiple challenges it presents to the international community. Indeed the UN has turned to the Brookings-CUNY Project on Internal Displacement for seminars, projects and research into particular issues of interest to the international community.
Mr. Chairman, Distinguished Delegates, this is only a cursory overview of the work done under this complex and challenging mandate. I hope it indicates that while we have only just scratched the surface, we have laid a foundation for what promises to be an effective normative, institutional and operational system of protection and assistance for the world’s internally displaced. The challenge now is to ensure that the people on whose behalf the United Nations became seized with the problem see tangible results for their protection and assistance. It is that prospect which continues to motivate me to keep on striving and resist being overwhelmed by the magnitude of the crisis and its daunting challenges.
Thank you Mr. Chairman and Distinguished Delegates for your attention.
Mr. Chairman,
Distinguished Delegates,
Ladies and Gentlemen,
As my mandate as Representative of the Secretary-General on Internally Displaced Persons is under consideration for renewal, I believe it is time to reflect, once again, on what we have accomplished since it was created nearly ten years ago and what challenges still lie ahead in the monumental quest for an effective system of protection and assistance for the world’s internally displaced.
In doing so, I would like to recall the circumstances under which I undertook the assignment and what that has meant for the manner in which I have carried out my responsibilities under the mandate. When Secretary-General Boutros Boutros-Ghali called to offer me the position, in persuading me to accept, he emphasized that internal displacement was not only a global crisis, but one that affected our African continent the most; and in Africa, he said, my country, the Sudan, was the worst hit; and in the Sudan, my people in South Sudan were the primary victims. “I cannot see how you can say ‘no’ to this assignment.” he said.
The Secretary-General was, of course, correct. Internal displacement is a global crisis that affects from 20 to 25 million people in over 40 countries, in literally all regions of the world. But Africa, with half the world’s displaced populations, is the worst hit continent. And in Africa, my own country, the Sudan, with over 4 million internally displaced persons, leads the continent as the most affected. And in the Sudan, the people of the southern part of the country are by far the most afflicted.
As the Secretary-General predicted, these human realities give me a particular sense of purpose. I do not approach this mission with detachment and neutrality; rather, I see it as a personal commitment to do all I can to help alleviate the tragic conditions of the internally displaced. Irrespective of the level of development in their country, these populations share a common need for protection of their physical security and their fundamental human rights, for humanitarian assistance, and for durable solutions in accordance with universal standards of human dignity.
Mr. Chairman, as I have noted on previous occasions, the role of the mandate has crystallized into that of a catalyst within the international system, to raise the level of awareness about the plight of the internally displaced, to advocate their cause, and to dialogue with Governments and all pertinent actors on ways of ensuring their protection and assistance. Looking back to where we were a decade ago, and the discourse on the crisis today, there can be no doubt that there has been significant movement in acknowledging the crisis.
Another area in which we have managed to make progress has been in developing a normative framework for the internally displaced, one of the main objectives of the mandate. Beginning with the initial request by the Commission to review the state of existing international law in relation to the needs of the internally displaced, followed by the request for a comprehensive compilation and analysis of existing law with the same objective, then a further request that I develop an appropriate framework on internal displacement, my work in this area has been carried out with the direction and support of the Commission and the General Assembly in their relevant resolutions. It was also in the spirit of mutual understanding and support that I opted for non-binding Guiding Principles on Internal Displacement, instead of a legally binding instrument, such as a convention. The purpose was to meet the need for a normative framework which many U.N. agencies and other intergovernmental and non-governmental organizations in the field had identified as requiring urgent attention and remedy.
The Guiding Principles, based on existing norms of human rights law, humanitarian law, and analogous refugee law, was to be an authoritative and morally persuasive document that would fill the existing vacuum without undermining the sovereign rights of States to negotiate legally binding instruments. The positive response the Guiding Principles have received at all levels, nationally, regionally and internationally, by Governments, U.N. agencies, intergovernmental and non-governmental organizations, is testimony to the need for guidance in providing protection and assistance to the internally displaced.
Mr. Chairman, some Governments have recently expressed concern about the manner in which the Guiding Principles were developed. They have questioned the fact that the Principles have not been drafted or formally adopted through an intergovernmental process. However, as I have indicated, this process was chosen to expedite the development of an appropriate framework to meet an urgently felt need. More importantly, it should be remembered that the process was undertaken in response to requests from the Commission and the General Assembly. Indeed, the resolutions of these bodies have called for the dissemination and application of the Principles and have requested the Representative to use them in his dialogues with Governments and all those concerned with displaced populations. It should also be noted that the process was broad-based and inclusively representative.
Ironically, the positive response the Guiding Principles have received worldwide since their submission to the Commission may have contributed to a reaction of caution and generated reflections on alternative approaches. This positive response should be appreciated and encouraged rather than being used as grounds for reversing the progress made. I see the challenge as an ongoing effort to improve on what we have accomplished. Since the Guiding Principles are not legally binding, though based on existing law and authoritatively documented in the recently published Annotations, I would think there is ample room for commentaries that would make the Principles a growing document, enhanced rather than diminished by constructive dialogue on the substance of the provisions in relation to the needs of the internally displaced. Needless to say, in the consultations that I have been holding with Governments about the Principles, I have emphasized that we should see ourselves on the same ground, striving to achieve the same goal -- the best interests of the internally displaced populations the world over.
Mr. Chairman, the challenge of developing appropriate institutional arrangements for the internally displaced has been even more challenging than that of developing a normative framework. But in this area too there has been encouraging movement. My initial report proposed several options: appointing a new agency for the internally displaced; designating an existing agency to assume full responsibility for them; and enhancing the collective capacity of the international system through the collaborative approach. The last has emerged as the preferred option and although coordination has been problematic, steps are being taken to try to make it work more effectively. Among these steps has been the Secretary-General’s reform agenda which assigned responsibility for ensuring that the needs of internally displaced persons are met by the Emergency Relief Coordinator who heads the Office for the Coordination of Humanitarian Affairs (OCHA) and chairs the Inter-Agency Standing Committee (IASC).
The IASC has recently established a Senior Inter-Agency Network on Internal Displacement to appraise the effectiveness of coordination at the country level and to ensure that the needs of the internally displaced populations for protection and assistance are met. The Network’s framework of reference, I am pleased to report, are the Guiding Principles on Internal Displacement. The Inter-Agency Network will soon submit a report to the Secretary-General, building on a number of country reviews to make recommendations on additional measures that might be taken to improve coordination and the effectiveness of the system for the internally displaced. This development is indeed very much in line with recommendations which I have made over the years to improve on the effectiveness of coordination. Indeed, my mandate has cooperated closely with the Network, creating complementarity between the mandate’s role as a catalyst and advocate and the capacity of the operational agencies that the Network rallies in the field. It is my hope that this effort to inject renewed vigour into addressing the plight of the displaced will promote progress on the ground. Focal points or other targeted approaches may need to be created on the ground to ensure that protection and assistance for the internally displaced are effectively provided. And protection strategies will need to be developed to better promote the physical safety and human rights of the affected populations.
Mr. Chairman, the litmus test for the significance and effectiveness of international efforts is the difference they make in ensuring protection and assistance to the internally displaced on the ground. That is why my country visits are a critically important aspect of the mandate. They offer us the opportunity to witness first hand conditions on the ground, the needs of the displaced populations, how they are being met, what gaps exist in meeting them, and what can be done to improve coverage and effectiveness in providing protection and assistance for internally displaced persons. This is the most demanding and creative aspect of my work.
In the dialogue with Governments and all other relevant actors, I emphasize recognition of the problem as internal and therefore as falling under state sovereignty. But in a spirit of cordiality, I also convey the interpretation of sovereignty, not as a barricade against the outside world, but as a normative concept of responsibility for citizens and all those under state jurisdiction. The role of the mandate is essentially to facilitate cooperation between the States and the international community in meeting those needs for which the capacity of the State may not be adequate. One must, with respectful candour, also point out that where a population is in dire need for protection and assistance, and their own Government shows no will to protect and assist them, including by inviting or at least welcoming outside assistance, the international community is called upon to find ways of remedying the situation. Sovereignty can therefore be best protected by discharging the responsibilities associated with it and by facilitating international cooperation on behalf of the needy populations.
Mr. Chairman, to date, I have undertaken 19 country missions in different regions of the world, most recently to Burundi, Georgia, Armenia and Angola. The findings of these missions and the recommendations for addressing the plight of the internally displaced more effectively are set out in my reports to the Commission. Looking ahead, plans are underway for me to visit the Sudan in May and Indonesia in June. I have also accepted invitations from the Governments of Turkey and the Philippines and will be undertaking those missions in the course of this year. When country missions are combined with seminars that engage the Government, the international community and civil society in the search for solutions, they are especially effective.
Needless to say, country missions can only be meaningful if they result in improving the conditions of the internally displaced in a practical and visible way. If not, they can only raise hopes, which degenerate into despair and the loss of faith in the United Nations and the international community. This is why I plead with authorities at all levels to give these field visits a positive meaning for the affected populations and appeal to them to ensure implementation of my recommendations.
While most countries respond positively to my requests for visits and extend invitations, some Governments respond evasively or negatively, even when the crisis of internal displacement in their countries is visibly severe. I urge the United Nations system to find a way of engaging those countries and persuading them to open up to international cooperation on behalf of their people. The international community, in turn, must ensure that agencies on the ground are provided with the necessary resources to meet the material needs of the internally displaced.
I should add, Mr. Chairman, that an important aspect of the work of the mandate has been to pursue ongoing, independent studies of various aspects of internal displacement, both generically and in specific situations. Since the Secretary-General challenged me to conduct through an independent research institution, an independent study of the problem which resulted in the two volumes: Masses in Flight: The Global Crisis of Internal Displacement, The Forsaken People: Case Studies of the Internally Displaced and their abridged version, Exodus within Borders, we have continued to focus on specific issues to deepen our understanding of this global crisis and the multiple challenges it presents to the international community. Indeed the UN has turned to the Brookings-CUNY Project on Internal Displacement for seminars, projects and research into particular issues of interest to the international community.
Mr. Chairman, Distinguished Delegates, this is only a cursory overview of the work done under this complex and challenging mandate. I hope it indicates that while we have only just scratched the surface, we have laid a foundation for what promises to be an effective normative, institutional and operational system of protection and assistance for the world’s internally displaced. The challenge now is to ensure that the people on whose behalf the United Nations became seized with the problem see tangible results for their protection and assistance. It is that prospect which continues to motivate me to keep on striving and resist being overwhelmed by the magnitude of the crisis and its daunting challenges.
Thank you Mr. Chairman and Distinguished Delegates for your attention.