Hutham mohamad ali
College of tourism
Abstract
The challenge of achieving durable solutions for internally displaced persons (IDPs) and returnees presents a complex predicament for the United Nations and its affiliated agencies, notably the International Organization for Migration (IOM). This article delves into the endeavors of the United Nations and its agencies to realize sustainable resolutions for displaced populations, focusing on secure and voluntary returns in adherence to international norms. The United Nations has embraced a consistent strategy that encompasses policy formulation, collaborative decision-making, monitoring, support, follow-up, and oversight to assist nations in attaining their objectives.
Introduction
In order to contextualize the issue at hand, it is pertinent to elucidate the concept of internal displacement, which pertains to individuals compelled to abandon their habitual residences due to either natural or human-induced circumstances, without crossing international borders. Furthermore, the concept of durable solutions is defined as an ongoing process designed to uphold the fundamental rights of individuals, irrespective of any form of discrimination arising from or due to displacement [1, 2, 3].
Iraq has been grappling with both regular and irregular instances of displacement since 2004 [4]. Crises such as the control exerted by ISIS over certain provinces in western and northern Iraq, namely Anbar, Salah al-Din, Mosul, and select areas to the west and north of Baghdad, have triggered substantial displacements of Iraqi families into formal and informal camps. Consequently, this predicament has garnered considerable international attention, particularly from the United Nations and its agencies. While national legislation aimed at safeguarding displaced persons exists, it sometimes falls short of meeting the exigencies of crisis situations, as it was formulated for more typical circumstances [5].
Effectively managing this issue necessitates cooperative efforts and coordination between governmental and local authorities, as well as humanitarian and development stakeholders. In light of this, this article explores the management of this concern from three distinct facets: the legal framework, the employed methodology, and the ensuing outcomes.
Methodology
Upon reviewing international and UN reports [6, 7, 8, 12], the methodology employed to achieve durable solutions can be categorized into three sequential phases:
Initial Phase: Embracing Legal Frameworks and International Standards for Displacement Protection
Key components of this phase include:
The guiding principles for internal displacement, encompassing 30 principles devised over four years through collaboration between the Secretary-General of the United Nations, the international legal community, and pertinent international and non-governmental entities [6]. Although not legally binding, these principles derive moral authority from their alignment with international human rights law, humanitarian law, and refugee law. They outline safeguards and essential principles to protect, aid, and facilitate the reintegration of displaced individuals while stipulating government obligations and actor guidelines. The inter-agency standing committee’s framework on durable solutions for displacement (1998), a pivotal coordination mechanism for international humanitarian assistance agencies. This framework clarifies the concept of durable solutions and establishes broad directives for achieving them [8]. Reports from the United Nations General Assembly and the United Nations Secretary-General on durable solutions. The Kampala Convention (2009), an African Union agreement aimed at mitigating displacement and protecting internally displaced persons within the African context [4].
Intermediate Phase: Practical Implementation Aligned with Legal Frameworks
Crucial considerations during this phase include:
Allocating the responsibility for realizing durable solutions to national authorities alongside their mandate to provide services, necessities, and protection. Enabling humanitarian and development actors to collaborate effectively. Prioritizing the needs and rights of internally displaced individuals. Affirming the right of displaced individuals to independently choose to return and resettlement. Granting displaced individuals’ agency in planning and implementing strategies to ensure durable solutions and coordinating humanitarian aid efforts.
Durable solutions are realized through three avenues:
Voluntary return to the original locale.
Local reintegration within the displacement area.
Settlement in a different part of the country.
Culminating Phase: Establishing Criteria to Measure Durable Solutions Progress
This phase involves evaluating progress via actors employing diverse tools such as surveys, interviews, and statistical data from specialized ministries like the Ministry of Displacement and Immigration [11, 12, 13].
Results
Advancements within the domain of displaced individuals and returnees have emerged after the execution of the strategy and its corresponding action plan. Collaboration between governmental authorities and actors, despite limitations in resources, yielded noteworthy outcomes:
Iraq witnessed 129 supervised return campaigns facilitated by the United Nations (International Organization for Migration), resulting in approximately 4,835,784 returnees as of April 2023 [14]. This accounts for 16% of the nation’s populace. The tripartite stages delineated in field studies by the International Organization for Migration have significantly contributed to durable solutions for displaced and returning populations [14]. The International Organization for Migration, in collaboration with the Institute for International Migration Studies and the Center for Contemporary Arab Studies at Georgetown University, conducted a comprehensive study on achieving durable solutions for the displaced. Enhanced roles for developmental and humanitarian actors materialized, encompassing stabilization support, capacity building, infrastructure rehabilitation, and community integration initiatives. The adoption and implementation of a national policy addressing displacement by Iraq’s Ministry of Migration and Displacement in 2008.
Conclusion
Iraq has judiciously applied international legal frameworks and subsequently translated them into national policy, albeit requiring further integration of intranational legal constructs into national legislation and policy. Despite notable achievements, the plight of displaced persons persists, underlining the need for continued action. Numerous impediments to return, including security concerns, political obstacles, rights-related challenges, dependence on humanitarian aid, limited resources, tribal conflicts, and other issues, contribute to the ongoing challenge.
Recommendations
Developing national legal frameworks to address displacement cases stemming from conflicts, violence, or crises, thereby enhancing Iraq’s comprehensive approach.
Continued monitoring of returning families to ensure the attainment of durable solutions and access to essential services.
Fostering educational opportunities for displaced children by facilitating the acquisition of approvals and legal documentation.
Encouraging economic empowerment programs for returning families through support for training and vocational initiatives, collaborating with entities like the Ministry of Labor and Social Affairs.
Comprehensive data collection on families experiencing challenges in accessing durable solutions standards, convening at the governmental level alongside the United Nations.
Nurturing social integration programs that facilitate collaboration between host communities and returnees.
Enhancing institutional structures to bolster service quality and capacity.
Facilitating the participation of women, youth, and displaced persons in peacebuilding initiatives through supportive programs.
References
United Nations, General secretary decision ,4 October 2011.
United Nations, A/RES/64/162, General Assembly resolution, Protection of and assistance to internally displaced persons,17 March 2010.
Iraqi Ministry of displacement and migration, National Policy, 2008.
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention),2012. https://au.int/sites/default/files/treaties/36846-treaty-kampala_convention.pdf.2/8/2023.
Journal of International Humanitarian Action, Article research, Humanitarian crisis, and sustainable development: perspectives and preferences of internally displaced persons in the northeastern Nigeria,2020.
United Nations, E/CN.4/1998/53/Add.2, economic and social council, Guiding Principles on Internal Displacement, 11 February 1998.
United Nations General assembly, Report, A/HRC/13/21/Add.4, Framework on Durable Solutions for Internally Displaced Persons, 29 December 2009.
IASC, Framework- DURABLE SOLUTIONS FOR INTERNALLY DISPLACED PERSONS, April.2010.
The UN refugee Agency, UNHCR Report, GLOBAL REPORT ON LAW AND POLICY ON INTERNAL DISPLACEMENT, .2022 https://www.unhcr.org/sites/default/files/legacy-pdf/6401d5624.pdf
IOM Displacement Tracking Matrix, https://iraqdtm.iom.int.
