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DISPLACEMENT, GENDER AND SECURITY: AN ANALYSIS
By Ramina Johal
Introduction
Designing responses and remedies for the displaced is dependent upon how this
population is defined by policymakers and practitioners. Addressing the needs
of women displaced by conflict is further influenced by the application of
gender approaches in displacement, humanitarian and peace and security forums.
In adopting resolution 1325 on Women, Peace and Security (2000) the UN Security
Council acknowledged women’s contributions to peace-building, as well as their
vulnerabilities resulting from conflict. This analysis draws particular
attention to the situation of displaced women and girls, focusing on the
application of gender sensitive approaches as highlighted in the resolution. It
proposes that in order to address gender and displacement, key challenges, such
as the need for greater synergy between the UN’s work on displacement and
gender equality, must be met.
Displacement defined
The international community has developed definitions and mechanisms for the
protection of displaced persons, who are typically characterized as refugees or
internally displaced persons (IDPs):
Refugees are persons who have crossed an international border and who are
unwilling or unable to return to their country of origin or habitual residence
owing to a well-founded fear of persecution. The 1951 Convention relating to
the Status of Refugees and its 1967 Protocol provide the framework for the
refugee definition and set out five grounds as the basis for persecution (race,
religion, nationality, political opinion, or membership in a particular social
group) and hence apply broader than situations of armed conflict. States make
refugee determinations on an individual case basis, or prima facie to identify
a group, in situations where there are large-scale influxes such as armed
conflict. The United Nations High Commissioner for Refugees (UNHCR) is the UN
agency responsible for refugee protection and assistance.
Internally displaced persons are those fleeing natural disaster or armed
conflict, and have not crossed an international border. The Guiding Principles
on Internal Displacement (1998) provide a framework for the obligations of
states and other actors in protecting the rights of IDPs. Although States are
expected to uphold the rights of IDPs—as equal citizens under national and
international law—the Guiding Principles were established in recognition of the
challenges in addressing the needs of this population. While there is no single
UN agency responsible for IDP protection, the Representative of the
Secretary-General on the Human Rights of IDPs monitors and advocates for their
rights and, as described below, the UN is seeking to enhance coordination of
its efforts on humanitarian response to IDPs.
In addition, “returnees” – refugees or IDPs that return to their home country
or community – can have particular needs or assets. Planning for and monitoring
returnee populations is an important component of addressing displacement; if
done appropriately the return process can enhance individual, community and
state development. If not, returnees might become displaced again due to
persecution or poverty, live in isolation and desolation, or contribute to
state and community tensions. Return movements can be spontaneous or organized
(involving for example established UN, government, and non-governmental
cooperation in managing the return; coordinated registration and relocation
assistance) and are undertaken by communities, families, or individuals. Although
no sole UN agency is responsible for returnees, UNHCR has worked on refugee
return, as has the International Organization for Migration (IOM) which holds
UN observer status. Other agencies may reach out to returnees in their work
such as through reconstruction and development programs.
The distinction between refugees, IDPs and other people who move (migrants) is
partly based on the involuntary nature of their displacement resulting from
persecution or natural disaster. The same applies to the return phase—refugee
law states that return must be voluntary and conditions established for safe
return; this principle is also applied to IDPs. While they are distinct from
migrants, refugees and IDPs can be hidden in broader migrant movements and
vulnerable to trafficking, at times because states and implementing agencies
are unwilling or ill-equipped to identify and protect them.
Policy and Practice: Displacement, Peace and Security
The rights of the displaced are protected under human rights, humanitarian and
refugee law. This section provides some examples of how displacement is related
to peace and security.
UN Security Council resolutions increasingly reference the obligations of UN
agencies, states and others to persons displaced by conflict. For example,
resolution 1509 on Liberia establishes the peacekeeping mission’s role on
enforcing the observance of human rights, “with attention to particular
vulnerable groups, including refugees, returning refugees and internally
displaced persons” and resolution 1542 on Haiti mandates the peacekeeping
mission to “monitor and report on the human rights situation, in cooperation
with the Office of the UN High Commission for Human Rights, including on the
situation of returned refugees and displaced persons.” Resolution 1674 on the
Protection of Civilians in Armed Conflict, a thematic resolution which covers
all actors in peace and security, calls for a range of interventions based on
the given situation, such as “the inclusion of specific measures to protect
civilians and where appropriate their inclusion in mission mandates—such as
facilitating the provision of humanitarian assistance and creating conditions
conducive to the voluntary, safe and dignified return of refugees and IDPs.”
Such resolutions imply a need for the UN and partners to establish a common
approach at the country (and regional) level for addressing displaced
populations in peacekeeping operations. They also imply a need for
collaboration by a range of UN and other actors – including DPKO from the “peacekeeping”
arena; UNHCR and WFP considered “humanitarian” actors; and those often
considered “development” agencies but which have some focus on conflict or
reconstruction, such as the UN Population Fund (UNFPA) and Food and Agriculture
Organization (FAO); and those in the “human rights” arena, for example, the
Office of the UN High Commissioner for Human Rights (OHCHR). They also indicate
a need for the Security Council to ensure attention to displacement in its work
on monitoring peacekeeping missions and promoting international peace and
security.
Through its mandate to provide assistance and protection to refugees, UNHCR’s
Statute and the Conclusions of its Executive Committee on the International
Protection of Refugees (ExCom) also serve as policy guidance on displacement.
Since 1975, ExCom Conclusions have addressed a range of issues, including armed
attacks on refugee camps and settlements, statelessness, voluntary return, and
family reunification. A series of conclusions are dedicated to refugee women
and to refugee children. Most recently, in 2006 a Conclusion was adopted on
Women –at Risk and a proposal has been put forward for consideration of a
Conclusion on Victims of Trafficking in the October 2007 ExCom session.
In the case of IDPs, the UN Representative of the Secretary-General on the
Human Rights of IDPs (RSG) monitors and helps to advocate for their rights. In
this regard, the RSG visits and reports on IDP situations, including countries
which are not considered to be in the midst of conflict but host significant
populations, such as Colombia and Uganda. The RSG also promotes the development
of national policies and laws on internal displacement and mainstreaming IDP
issues in the UN system.
Links between humanitarian assistance and peace and security have also been
emerging in the past 15 years. For example, the delivery of humanitarian
assistance is part of advancing the UN’s work to address gender-based violence
and sexual exploitation and abuse in conflict settings. Policies and programs
that address the access of refugees and IDPs to assistance programs and that
enhance the quality of assistance can reduce a person’s vulnerability to abuse
and exploitation. The UNHCR ExCom Conclusion on Women at Risk lays out some of
the key issues.
At a broader level, how the UN responds to complex humanitarian emergencies is
evolving, which influences its work with refugees and IDPs. Just as
peacekeeping operations have become more multidimensional in scope (mandates
can include attention to human rights, reconstruction, humanitarian
assistance), the UN has been seeking to enhance its approach in its
humanitarian work. In response to the upsurge in the number and intensity of
civil wars and natural disasters, in 2001 the General Assembly established the InterAgency
Standing Committee (IASC) to coordinate the international response to
humanitarian crises. The IASC comprises many UN agencies and is chaired by the
UN’s Emergency Relief Coordinator -- who also heads the UN Office of the
Coordination of Humanitarian Affairs (UNOCHA). The Emergency Relief Coordinator
(ERC) is also tasked to ensure that humanitarian issues that fall between gaps
in UN mandates—such as protection and assistance for IDPs—are addressed. In
this dual capacity, the ERC introduced a “cluster” approach to humanitarian
action. Announced in 2005, the approach identifies nine cluster areas requiring
greater attention (such as health, camp management, protection and food
distribution) and is intended to bolster the UN’s response to IDPs.
Other UN agencies work with refugees, IDPs and returnees, often on an ad hoc
basis and according to their mandate. For instance, UNFPA has done much work to
promote the access of refugees and IDPs to reproductive health care and
services in the past 10 years and the International Labor Organization has
included the displaced in some of its programs.
Regional organizations such as the African Union and the Organization of
American States have also established protocols and policies on the rights of
the displaced. Given that displacement is a cross-border issue, such policies
are an important source of accountability and implementation.
National and international non-governmental agencies also work on issues for
displaced populations – including as UN implementing partners and external
advocates. As with the UN, NGOs continue to develop their strategies on
addressing the needs of the displaced.
Gender, Displacement, Peace and Security
Where does addressing the needs of displaced women, including through gender-sensitive
approaches, fit in the peace and security framework?
Through adopting resolution 1325 on Women, Peace and Security (2000) the UN
Security Council acknowledged women’s contributions to peace-building, as well
as their vulnerabilities resulting from conflict. Article 12 specifically
addresses refugees in camps and Article 8 calls for attention to the special
needs of women and girls during repatriation, resettlement and post-conflict
processes in relation to peace agreements. Notwithstanding debates on gaps in
the resolution (for example, lack of reference to IDPs, returnees, or persons
residing outside camps; lack of attention to women’s access to humanitarian
programs and services) it has served as an important vehicle for holding the UN
and governments accountable to women’s rights in conflict and post-conflict
settings. Other resolutions, such as those described above to establish
peacekeeping missions and on the protection of civilians in armed conflict,
have also been applied to reinforce accountability to displaced women.
The advancement of gender-sensitive approaches in the peace and security arena
is another component of addressing the needs of women IDPs, refugees and
returnees. Articles 7 and 8 of Security Council resolution 1325 reference
gender-sensitive training and applying a gender perspective to ensure attention
to the needs of women in repatriation and resettlement. Since 1997 the UN has
been tasked to apply gender mainstreaming as a strategy to promote gender
equality in all its operations. At that time, several agencies working with the
displaced, such as the WFP and UNHCR, already had programs and structures in
place to address the needs of women (rather than gender). Although there have
been challenges in their approaches, over the years UNHCR and WFP have
developed useful tools and analysis on reaching the displaced, as well as on
achieving gender equality and gender mainstreaming more broadly.
In addition, agencies such as UNFPA and the UN Development Program are
enhancing efforts to bridge their development, humanitarian and crisis
prevention work, including through bolstering attention to gender equality. In
2007, UNFPA used Resolution 1325 as an entry point for its conference on women,
conflict and displacement (report forthcoming) to further explore the agency’s
work in conflict settings. Following a detailed review and consultations on its
gender strategy, in 2006 UNDP introduced an Eight-Point Agenda for Women’s
Empowerment and Gender Equality in Crisis Prevention and Recovery (Agenda). The
Agenda references resolution 1325.
DPKO has been working to advance gender mainstreaming in its own operations, as
well as externally with troop contributing countries and “host” governments.
The Department’s work on gender-based violence, disarmament, demobilization and
reintegration (DDR) in peacekeeping missions may include the participation of
IDPs and returnees. In 2007 the Department released a Policy Directive on
Gender Equality in Peacekeeping Operations, revised its gender training tools
to enhance relevance to the different elements of its work and management
structure, and published two evaluations on gender mainstreaming in Sierra
Leone and Timor Leste.
On the other hand, the UN’s development of strategies and tools for gender
equality and gender mainstreaming has been uneven, which can impede efforts to
effectively reach displaced populations, and advance peace and security more
broadly. While some variety is necessary in order for strategies to reflect the
mandates of the respective agency or entity, there is now a recognition of the
need for greater system-wide coherence, standards and synergies in the UN’s
work to promote gender equality. Such recommendations are contained in the UN
Secretary-General’s report on Women, Peace and Security (which reviews the
system-wide action plan on implementation of resolution 1325) and in the report
of the Secretary-General’s High Level Panel on System-Wide Coherence:
“Delivering as One,” released respectively in September and November 2006.
Two initiatives in this regard are publication of the IASC Gender Handbook in
Humanitarian Action (Handbook), and UN Action Against Sexual Violence in
Conflict (UN Action). Published in December 2006, the Handbook gives practical
guidance on gender analysis, planning and action in all aspects of humanitarian
response as a means to standardize the work across agencies. The Handbook was
developed by a range of UN and NGO practitioners, tackles cross-cutting issues
such as coordination and participation, and the basics on gender in
emergencies. The Handbook also informs the cluster approach on IDPs (resulting
from conflicts and disasters) with sections on cluster-related areas such as
livelihoods, camp coordination and management, and education.
Introduced in March 2006, UN Action unites the work of twelve UN entities
towards ending sexual violence in conflict. The aim is to align the UN’s work
more effectively behind national efforts, and deepen partnerships with NGOs and
civil society agencies. Membership cuts across the “security,” “development,”
“humanitarian,” and “human rights” elements of the UN’s work through
participation by DPKO, UNHCR, UNFPA, UNOCHA, and UNDP, as well as the UN
Department of Political Affairs (which engages in peace negotiations and
agreements), OHCHR, UNAIDS and others.
Although the impact of these efforts has yet to be determined and several
challenges remain, both have the potential to build the capacity and response
of the UN and governments to advance gender equality in displaced contexts.
In addition to the UN and governments, international and local non-governmental
organizations often work as implementing partners of the UN in activities
ranging from providing services to setting up and managing camps. Their
engagement in compliance with standards for accountability, as well as
assessing, applying and designing tools and strategies for refugees, IDPs and
returnees is another element to consider if all actors are to act from a common
framework.
In their capacity as advocates and human rights monitors, non-governmental
organizations and researchers have also brought to the fore issues of concern
for refugees, returnees and the internally displaced in policy fora, such as
shadow reports to the UN Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) and related interventions to the CEDAW
Review Committee. Credible, well-documented and articulated reports on the
situation of refugee, IDP and returnee women can further influence the agenda
on advancing gender equality, displacement, peace and security. Some attempts
to infuse attention to refugees and IDPs has also been initiated by the NGO
Working Group on Women Peace and Security’s work on the development of national
strategies (including National Action Plans) on implementing UN Resolution 1325
and through supporting presentations by women from conflict areas to the
Security Council. The Kosova Women’s Network has also used Resolution 1325 for
accountability on displacement.
Conclusion
Displaced populations are typically comprised of refugees and internally
displaced persons and as such are defined in law and related mechanisms for
their protection. Planning for and monitoring their return is also a key
element to ensuring their safety and security. As UN security council
resolutions increasingly reference the displaced and links are made across
humanitarian, development and security approaches, the international community
is being called on to act further to ensure their needs are met. Advances in
promoting gender equality including through the application of resolution 1325
as an impetus for gender mainstreaming bring further opportunities to address
displacement.
Some of the challenges to addressing gender and displacement resulting from
conflict stem from the need for greater synergy in the UN’s work vis-à-vis
displacement and the promotion of gender equality.
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Ramnina Johanl is an advocate and consultant on gender, displacement and migration.
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