Practice Relating to Rule 131. Treatment of Displaced Persons

Geneva Convention IV
Article 49, third paragraph, of the 1949 Geneva Convention IV provides:
The Occupying Power undertaking … transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health … and nutrition. 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 49, third para.
Additional Protocol II
Article 17(1) of the 1977 Additional Protocol II provides:
Should … displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health … and nutrition. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 17(1). Article 17 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.53, 6 June 1977, p. 144.
Kampala Convention
Article 5(1) of the 2009 Kampala Convention declares:
States Parties shall bear the primary duty and responsibility for providing protection of and humanitarian assistance to internally displaced persons within their territory or jurisdiction without discrimination of any kind. 
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 5(1).
In Article 3(2)(d), the Convention states, moreover, that States Parties shall “[p]rovide, to the extent possible, the necessary funds for protection and assistance without prejudice to receiving international support”. 
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 3(2)(d).
Article 9(2)(b) of the Convention imposes an obligation on States Parties to:
Provide internally displaced persons to the fullest extent practicable and with the least possible delay, with adequate humanitarian assistance, which shall include food, water, shelter, medical care and other health services, sanitation, education, and any other necessary social services, and where appropriate, extend such assistance to local and host communities. 
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 9(2)(b).
Article 7(5) of the Convention also prohibits members of armed groups, defined as “dissident armed forces or other organized armed groups that are distinct from the armed forces of the state”, from:
b. Hampering the provision of protection and assistance to internally displaced persons under any circumstances;
c. Denying internally displaced persons the right to live in satisfactory conditions of dignity, security, sanitation, food, water, health and shelter. 
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 7(5)(b) and (c).
General Peace Agreement for Mozambique
Paragraph b of Protocol III, Part IV, of the 1992 General Peace Agreement for Mozambique, the Government of Mozambique and RENAMO were required to cooperate in order to organize the necessary assistance to displaced persons. 
General Peace Agreement for Mozambique, along with seven Protocols and four related documents, Rome, 4 October 1992, annexed to Letter dated 6 October 1992 from the permanent representative of Mozambique to the UN addressed to the President of the UN Security Council, UN Doc. S/24635, 8 October 1992, Protocol III, Part IV, § b.
Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina
Paragraph 2.3 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina provides: “Should … displacement [of the civilian population] have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health … and nutrition.” 
Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.3.
Agreement on Ground Rules for Operation Lifeline Sudan
Section A of the 1995 Agreement on Ground Rules for Operation Lifeline Sudan states that the fundamental objective of the cooperation is the provision of humanitarian assistance to populations in need throughout the territory of Sudan. 
Agreement on Ground Rules for Operation Lifeline Sudan (OLS), between Dr. John Garang, Commander in Chief of the SPLM/A, and Pierce Gerety, OLS Coordinator and UNICEF Chief of Operations, 23 July 1995; also signed by Dr. Riek Machar, Commander-in-Chief of the SSIM/A, 6 August 1995 and by Dr. Lam Akol, Commander-in-Chief of SPLM/A-United, 29 July 1996, Section A.
Guiding Principles on Internal Displacement
Principle 7(2) of the 1998 Guiding Principles on Internal Displacement provides:
The authorities undertaking … displacements shall ensure, to the greatest practicable extent, that proper accommodation is provided to the displaced persons [and] that … displacements are effected in satisfactory conditions of … nutrition, health and hygiene. 
Guiding Principles on Internal Displacement, presented to the UN Commission on Human Rights by the Special Representative of the UN Secretary-General on Internally Displaced Persons, UN Doc. E/CN.4/1998/53/Add.2, 11 February 1998, Principle 7(2).
Principle 18 further stipulates:
1. All internally displaced persons have the right to an adequate standard of living.
2. At the minimum, regardless of the circumstances, and without discrimination, competent authorities shall provide internally displaced persons with and ensure safe access to:
(a) essential food and potable water;
(b) basic shelter and housing;
(c) appropriate clothing; and
(d) essential medical services and sanitation. 
Guiding Principles on Internal Displacement, presented to the UN Commission on Human Rights by the Special Representative of the UN Secretary-General on Internally Displaced Persons, UN Doc. E/CN.4/1998/53/Add.2, 11 February 1998, Principle 18.
Guiding Principles on Internal Displacement
Principle 25 of the 1998 Guiding Principles on Internal Displacement specifies that national authorities have the primary duty and responsibility to provide protection and humanitarian assistance to IDPs within their jurisdiction. IDPs, therefore, have a corresponding right to request and receive protection and humanitarian assistance from State authorities.  
Guiding Principles on Internal Displacement, presented to the UN Commission on Human Rights by the Special Representative of the UN Secretary-General on Internally Displaced Persons, UN Doc. E/CN.4/1998/53/Add.2, 11 February 1998, Principle 25.
Agreement on the Protection and Provision of Humanitarian Assistance in Sudan
Paragraph 5 of the 1999 Agreement on the Protection and Provision of Humanitarian Assistance in Sudan provides:
Where communities are to be relocated … [they] will be relocated to suitable sites with basic services and proper accommodation in place prior to relocation. Communities will only be relocated in a manner that preserves the right to life, dignity, liberty and security. 
Agreement on the Implementation of Principles Governing the Protection and Provision of Humanitarian Assistance to War Affected Civilian Populations, concluded by the Government of Sudan, Sudan People’s Liberation Movement and the United Nations-Operations Lifeline Sudan, Geneva, 15 December 1999, § 5.
Cairo Plan of Action
In paragraph 70 of the 2000 Cairo Plan of Action, African and EU heads of State and government agreed “to continue to provide assistance to refugees and displaced persons”. 
Cairo Plan of Action, adopted at the Africa-Europe Summit, held under the Aegis of the Organization of African Unity and the European Union, Cairo, 3–4 April 2000, § 70.
N’Djamena Humanitarian Ceasefire Agreement
Article 8 of the 2004 N’Djamena Humanitarian Ceasefire Agreement states:
The parties undertake to facilitate the delivery of humanitarian assistance and the creation of conditions favourable to supplying emergency relief to the displaced persons and other civilian victims of war and this, wherever they are in the Darfur region, in accordance with the appendix attached to the present Agreement. 
Humanitarian Ceasefire Agreement on the Conflict in Darfur, signed by the Government of Sudan, the Sudan Liberation Movement/Army, the Sudanese Justice and Equality Movement, the African Union and the Chadian Mediation, N’Djamena, 8 April 2004, Article 8.
Argentina
Argentina’s Law of War Manual (1969) reproduces Article 49 of the 1949 Geneva Convention IV. 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 5.008.
Argentina
Argentina’s Law of War Manual (1989) provides that, with respect to non-international armed conflicts, where civilians have been displaced for reasons of security or military necessity, “all possible measures are to be taken in order that [the displacement] is effected in satisfactory conditions”. 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 7.08.
Australia
Australia’s LOAC Manual (2006) states:
Refugees are entitled to the same rights and privileges as other protected persons. They are entitled to respect for their person, honour, their family rights, their religious convictions and practices and their manners and customs. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.20.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Brazil
Brazil’s Operations Manual for the Evacuation of Non-Combatants (2007) states:
7.2.5 Main Health Centre
The Main Health Centre shall be organized in sections for the provision of emergency health care to evacuated persons [during the evacuation operation] …
7.5 Support on Arrival in Brazilian Territory
7.5.1 The safe place of destination is the place designated by the Ministry of Foreign Affairs where the evacuated persons shall be taken by the end of the Non-Combatant Evacuation. It shall preferably be situated in Brazil … The reception in Brazil of the evacuated persons requires that some support activities are undertaken, such as:
b) referring the wounded and sick to the appropriate medical institutions and hospitals. 
Brazil, Manual de Operações de Evacuação de Não-Combatentes, Ministério da Defesa, Estado-Maior de Defesa, MD33-M-08, Ordinance No. 1351/EMD/MD of 11 October 2007, published in Diário Oficial da União, No. 198, 15 October 2007, §§ 7.2.5, 7.5 and 7.5.1(b).
The Operations Manual also states:
1.2.1 Non-Combatant Evacuation Operations are conducted by the Ministry of Defence, upon request by the Ministry of Foreign Affairs, for the evacuation of non-combatants whose lives are in danger, from their host country to a safe place of destination …
3.4.1 Non-Combatant Evacuation Operations … may be triggered by sudden changes in the government of the host country, changes in its political or military orientation with regard to Brazil, or hostile threats to Brazilian citizens by internal or external forces in that country.
Annex A. Rules of Engagement and the Law of Armed Conflict
3. The Law of Armed Conflict
According to the policy of the Ministry of Defence, the principles of the Law of Armed Conflict regulate the actions taken by the Joint Command in the defence of its personnel, property and equipment. 
Brazil, Manual de Operações de Evacuação de Não-Combatentes, Ministério da Defesa, Estado-Maior de Defesa, MD33-M-08, Ordinance No. 1351/EMD/MD of 11 October 2007, published in Diário Oficial da União, No. 198, 15 October 2007, §§ 1.2.1 and 3.4.1 and Annex A, § 3.
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states that:
the Occupying Power, when carrying out evacuations [of the civilian population of the occupied territory], must ensure … , to the extent possible, that the evacuated persons are received in suitable facilities [and] that the displacement is carried out under satisfactory conditions. 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 108.
Canada
Canada’s LOAC Manual (1999) provides, with respect to non-international armed conflicts: “If [civilians] do have to be displaced, arrangements must be made, if possible, for their shelter, hygiene, health … and nutrition.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-5, § 41.
Canada
Canada’s LOAC Manual (2001) states in its chapter on non-international armed conflicts: “If [civilians] do have to be displaced, arrangements must be made, if possible, for their shelter, hygiene, health, safety and nutrition.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1724.
Chad
Chad’s Instructor’s Manual (2006) states: “Refugees … benefit from the general protection given to civilians.” 
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 34; see also p. 54.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book III, Volume 1 (Instruction of first-year trainee officers):
IV.3.3. Total or partial evacuation of the civilian population
With respect to evacuations, additional limitations apply in occupied territory. …
The occupying power which undertakes these transfers or evacuations must ensure, to the greatest practicable extent, that the protected persons are offered suitable accommodation, [and] that the evacuations are effected in appropriate conditions of hygiene, health, … and nutrition. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre III, Tome 1: Instruction de l’élève officier d’active de 1ère année, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 52; see also Droit de la guerre, Manuel d’instruction, Livre IV: Instruction du chef de section et du commandant de compagnie, Manuel de l’élève , Ministère de la Défense, Forces Armées Nationales, November 2007, p. 74.
Croatia
Croatia’s LOAC Compendium (1991) provides that civilian persons evacuated for security reasons shall receive “proper accommodation and proper conditions of health, hygiene … and nutrition”. 
Croatia, Compendium “Law of Armed Conflicts”, Republic of Croatia, Ministry of Defence, 1991, p. 62.
Djibouti
Djibouti’s Manual on International Humanitarian Law (2004) states: “All feasible measures must be taken to ensure that the civilian population is received under satisfactory conditions regarding shelter, health, hygiene, security, food and drink.” 
Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 32.
Dominican Republic
The Dominican Republic’s Military Manual (1980) provides:
Whenever the military situation necessitates moving or evacuating civilians, remember to use common sense. Treat civilian refugees as you would want your family to be treated under similar circumstances. Unless emergency conditions exist, as an unexpected attack, give them enough time to collect and move their goods and property. 
Dominican Republic, La Conducta en Combate según las Leyes de la Guerra, Escuela Superior de las FF. AA. “General de Brigada Pablo Duarte”, Secretaría de Estado de las Fuerzas Armadas, May 1980, p. 10.
Germany
Germany’s Military Manual (1992) provides: “If an evacuation is necessary, the occupying power shall provide for sufficient accommodation and supply.” 
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten KonfliktenHandbuch, August 1992, § 545.
Hungary
Hungary’s Military Manual (1992) provides that civilian persons evacuated for security reasons shall receive “proper accommodation and proper conditions of health, hygiene … and nutrition”. 
Hungary, A Hadijog, Jegyzet a Katonai, Föiskolák Hallgatói Részére, Magyar Honvédség Szolnoki Repülötiszti Föiskola, 1992, p. 98.
Netherlands
The Military Manual (2005) of the Netherlands states:
In addition to refugees, displaced persons are identified as those forced to leave their home surroundings, for example, due to hostilities or through natural disaster. They are in the territory of their own country. Although displaced persons are not officially refugees, they should be treated as protected persons. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, p. 130.
[emphasis in original]
In its chapter on peace operations, the manual states:
Refugees and displaced persons merit special attention from a peace force, since they form a vulnerable group. The humanitarian law of war also makes reference to them as “protected persons”. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1229.
New Zealand
New Zealand’s Military Manual (1992) provides with respect to non-international armed conflicts: “If [civilians] do have to be displaced, arrangements must be made, if possible, for their shelter, hygiene, health … and nutrition.” 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1823.
Spain
Spain’s LOAC Manual (1996) reproduces Article 49 of the 1949 Geneva Convention IV. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, División de Operaciones, 18 March 1996, Vol. I, § 5.5.c.(5).
Spain
Spain’s LOAC Manual (2007) reproduces Article 49 of the 1949 Geneva Convention IV. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 5.5.c.(5).
Switzerland
Switzerland’s Basic Military Manual (1987) provides that the parties “shall ensure that proper accommodation is provided to receive the transferred persons and that displacements are effected in satisfactory conditions of hygiene, health … and nutrition”. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 176(2).
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) provides:
To the greatest practicable extent, removals of civil inhabitants must take place under satisfactory conditions of hygiene, health … and nutrition … and the transferred or evacuated protected persons must be provided with proper accommodation. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 560.
United Kingdom of Great Britain and Northern Ireland
According to the UK LOAC Manual (2004), one of the conditions for the permissibility of an evacuation of an occupied area is that “to the greatest extent practicable … proper accommodation is provided … and movement takes place under satisfactory conditions of hygiene, health, safety and nutrition.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 11.55.
With regard to internal armed conflicts in which the 1977 Additional Protocol II is applicable, the manual states:
It is forbidden to displace the civilian population for reasons related to the conflict unless their security or “imperative military reasons so demand”. If they do have to be displaced, “all possible measures” must be taken to provide satisfactory conditions of shelter, hygiene, health, safety and nutrition. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.53.
United States of America
The US Field Manual (1956) reproduces Article 49 of the 1949 Geneva Convention IV. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 382.
Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime. 
Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(e).
Colombia
Colombia’s Law on Internally Displaced Persons (1997) provides that once the displacement has occurred, the government shall take immediate action to guarantee emergency humanitarian aid with the aim of rescuing, assisting and protecting the displaced population and providing for its nutritional needs, personal hygiene, kitchen tools, medical and psychological care, emergency transport and temporary accommodation in humane conditions. 
Colombia, Law on Internally Displaced Persons, 1997, Article 15.
Croatia
Croatia’s Law on Displaced Persons and Directive on Displaced Persons (1993) provide that Croatia should ensure that displaced persons have the necessary accommodation, food, medical and financial assistance, and assistance in social integration, as well as any other assistance necessary to satisfy their basic needs. 
Croatia, Law on Displaced Persons, 1993, Article 2; Directive on Displaced Persons, 1991, Articles 2 and 13.
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
Georgia
Georgia’s Law on Displaced Persons (1996) provides a certain number of legal, economic and social guarantees for persons forced to leave their homes and displaced following threats to their lives, health or freedom on account of an aggression by another country, an internal conflict or massive violations of human rights. These guarantees include the right to free medical assistance and free provision of medicines. 
Georgia, Law on Displaced Persons, 1996, Article 5.
Georgia
Georgia’s Law on Displaced Persons (1996), as amended to 2010, states:
Article 3. Rights … of a person seeking IDP status
3. According to the norms and rules established by the legislation of Georgia, a person seeking IDP status shall have the right to:
a) reside at a temporary place of residence;
b) enjoy free utilities at a place of compact settlement;
c) receive other types of assistance
Article 5. Rights of IDPs …
1. IDPs shall receive … monthly assistance.
1.1. IDPs have the right to receive social and other assistance under the terms and conditions foreseen by the Georgian legislation.
2. The Ministry of Internally Displaced Persons from Occupied Territories of Georgia [shall] support IDPs in the enjoyment of their rights at temporary dwelling spaces, together with the executive authorities and local self-government bodies, who:
a) Assist IDPs to obtain a temporary employment, taking into account their profession and qualification;
b) Within their competencies, deliver the allowances and assistances provided for in the Georgian legislation;
c) The expenses of treatments in medical establishments of internally displaced families/persons who are registered in the database of socially unprotected (vulnerable) families shall be covered by the State within the limits of State standards and tariffs.
f) Decide issues relating to the IDPs retirement maintenance;
g) Assist IDPs in resolving social and living problems;
h) Ensure that IDPs have a temporary residence and food in accordance to the norms existing in Georgia;
i) Exempt IDPs from paying land tax on agricultural land plots allocated to them for temporary use according to the applicable standards;
l) Ensure that IDPs have a temporary residence and [adequate] living conditions within the territory of Georgia;
3. The State ensures [that] IDPs [have] temporary dwelling spaces. The Ministry organizes their accommodation in spaces allocated by the executive authorities and local self-government bodies for the temporary placement of IDPs.
4. … Until the restoration of Georgia’s jurisdiction over … the territories, IDPs shall not be evicted from IDPs’ resettlement facilities unless:
a) There is a written agreement with the IDPs;
b) A … residential area is allocated for the IDPs, [which shall] not worsen their living conditions;
c) Natural disasters … take place;
d) IDPs have willfully occupied dwelling-spaces in violation of the law. 
Georgia, Law on Displaced Persons, 1996, as amended to 2010, Articles 3(3), 5(1)–(2)(c), 5(2)(f)–(i), 5(2)(l) and 5(3)–(4).
The Law defines an IDP as:
a citizen of Georgia or a stateless person permanently residing in Georgia, who was forced to leave his place of permanent residency and seek asylum within the territory of Georgia due to a threat to his or his relatives’ life, health and freedom, as a result of an aggression by a foreign state, an internal conflict or massive violations of human rights. 
Georgia, Law on Displaced Persons, 1996, as amended to 2010, Article 1.
Georgia
Georgia’s Law on Displaced Persons (1996), as amended in 2011, states:
Article 3 – Rights and obligations of [a] person seeking IDP [internally displaced person] status
3. According to the norms and rules established by the legislation of Georgia, a person seeking IDP status shall have the right to:
a) reside at a temporary place of residence;
b) enjoy free utilities at [a] place of compact settlement;
c) receive other types of assistance;
Article 5 – Rights and obligations of the IDP
1. The IDP has the right to:
a) Receive the assistance of the IDP;
b) Receive social and other assistance[] under the terms and conditions foreseen by the Georgian legislation.
c) Have a temporary accommodation with[in] the territory of Georgia.
Article 5.3 – Protection of IDPs at the Temporary Residence
1. Dispute[s] concerning … accommodation/housing issues are resolved according to the relevant rules of the Georgian legislation.
2. Until the restoration of the jurisdiction of Georgia [i]n its occupied territories[,] … eviction of … IDPs from the IDP resettlement facilities will not take place unless:
a) There is a written agreement with IDPs to exchange their areas in the IDP resettlement facilities for compensation or other pecuniary or non-pecuniary goods;
b) [A]relevant residential area [is] given to the IDP[, which] will not worsen his/her living conditions;
c) Du[e to] … natural or man-[made] events that are regulated by the Georgian legislation;
d) The IDP has willfully occupied the dwelling-space, in violation of the law.
Article 5.4 –Ensuring the [rights of] IDP[s] in the Temporary Residence
The Ministry supports the IDPs in [the] enjoyment of their rights in …temporary dwelling spaces together with the executive authorities and local self-government bodies, who:
a) Assist the IDP to get … temporary employment, taking into account his/her profession and qualification;
b) Within their competencies deliver the allowances and assistance[] provided by Georgian legislation;
c) Ensure the IDP’s constitutional right to education and free education at public secondary schools at the expenses of the Government;
d) Decide the issues relating to the IDP[’]s retirement maintenance;
e) Assist the IDP[] in resolving … social and living problems;
h) Ensure the IDP [has a] temporary residence and [adequate] living conditions within the territory of Georgia;
2. The expenses of … treatment in [a] medical establishment of … internally displaced families/persons who are registered in the database of … socially unprotected (vulnerable) families shall be covered by the public program or insurance according to the established rules.
3. The executive authorities and relevant bodies of the local self-government, including the Ministry, ensure the exercise of their Constitutional rights [and] take measures to create [the] necessary socio-economic conditions for … safe, decent l[i]ving conditions in the places of temporary residence.
4. The Ministry coordinates the activities of the other Ministries and Agencies in the sphere of enjoyment of … rights by the IDPs. 
Georgia, Law on Displaced Persons, 1996, as amended in 2011, Articles 3(3), 5(1), 5.3 and 5.4.
The Law defines an internally displaced person from the occupied territory as:
Internally displaced person from the occupied territory – IDP is a citizen of Georgia or stateless person permanently residing in Georgia, who was forced to leave his place of permanent residency and seek asylum within the territory of Georgia due to the threat to his life, health and freedom or life, health and freedom of his family members, as a result of aggression of a foreign state, internal conflict o[r] mass violation of human rights or [a]s a result of events determined by … paragraph 11 of article 2 of this Law. 
Georgia, Law on Displaced Persons, 1996, as amended in 2011, Article 1(1).
Georgia
Georgia’s Law on Internally Displaced Persons (2014) states:
Article 3. The Purpose of the Law
The purpose of this Law is to create the legal mechanisms that
a) ensure protection of IDP [internally displaced person] rights during the whole period of displacement;
b) facilitate[] integration of IDPs at their places of registration;
c) promote[] provision of solutions to IDP problems.
Article 5. Protection of the Population from Displacement
2. The Government shall:
b) ensure realization of [the] rights of victims of displacement to life, dignity, safety and liberty even … when displacement is caused by [inevitable necessity];
Article 6. Definition of an IDP
1. A citizen of Georgia or a stateless person with a status residing in Georgia shall be considered as an IDP, if he/she was forced to leave his/her permanent place of residence because of threat to his/her or his/her family member[s’] life, health or freedom caused by the occupation of the territory by a foreign state, aggression, armed conflict, mass violence and/or massive human rights violations and/or he/she cannot return to his/her permanent place of residence due to the above mentioned reasons.
Article 12. Rights and Obligations of IDPs
1. [An] IDP has the right to:
a) receive IDP allowance … ;
b) receive social and other types of assistance[] in accordance with the rules and conditions established by the Georgian legislation;
c) receive adequate housing in Georgia until return to the place of permanent residence, except for those cases where durable housing has already been provided to him/her.
Article 13. The Right to Respect the Family Unity and the Right to Adequate Housing
2. The Ministry together with other relevant state agencies shall provide adequate housing to those IDPs who have been left homeless during displacement. When providing adequate housing, the Ministry shall register IDP[s at] the place of accommodation.
3. The Ministry together with state and local self-government bodies shall ensure the realization of IDP rights envisaged by this law and shall take measures to create socio-economic conditions for IDPs’ safe and dignified life.
4. If an IDP family has been provided with durable housing, the Government shall not bear responsibility to provide them or their descend[ants] with housing based on their IDP status.
Article 14. Protection of IDP Rights related to Living Space
1. Disputes on living space/housing issues shall be settled pursuant to Georgian legislation.
2. Before elimination of circumstances as referred to in paragraph 1, Article 6 of this Law or before providing durable housing to IDPs, eviction of IDPs from lawfully possessed living space shall not take place unless:
a) a written agreement is signed with an IDP on provision of adequate monetary or other type of assistance instead of the living space they occupy;
b) an IDP is provided with adequate housing not deteriorating his/her living conditions;
c) a natural disaster or other event occurs, envisaging certain compensation being regulated by a common rule.
6. In cases envisaged by paragraph 2 of this Article while resettling IDPs to another part of the country in order to safeguard IDPs’ dignity, freedom and safety, the Ministry shall ensure that:
a) an IDP/an IDP family is fully informed on reasons and procedures of resettlement and on relevant alternatives in order to ensure IDPs’ free and voluntary decision;
b) each IDP is provided with adequate housing;
c) IDPs shall be accommodated [in] places where safety, health and sanitary conditions are satisfactory[,] and the right to respect of the family unity of an IDP shall be protected.
7. Paragraphs 2 and 6 of this Article shall not cover those IDPs who were not accommodated by the government, who managed to find housing themselves (they are registered and/or live in rented, borrowed or their own houses, live together with [a] host family, etc.) and the Ministry did not pay for their administrative, accommodation and utility (including, electricity) costs annually from the state budget.
Article 16. Social Protection of an IDP
1. The Ministry [of Internally Displaced Persons from Occupied Territories, Accommodation and Refugees of Georgia], within its mandate, together with other state bodies shall support an IDP to exercise his/her rights. In particular, they shall
a) help IDPs to find jobs according to their professions and qualifications;
b) issue allowances and other types of assistance within their mandate pursuant to Georgian legislation;
c) ensure enjoyment of the constitutional right to education and state-funded general education as established by the legislation of Georgia;
d) make decision[s] on pension-related issues of IDPs;
e) help IDPs to resolve social and everyday issues;
h) provide IDPs with first aid during displacement on the territory of Georgia[;]
2. Medical expenses of an IDP/IDP families registered in the database of socially vulnerable families are covered by state-funded healthcare programs or insurance according to relevant rules. 
Georgia, Law on Internally Displaced Persons, 2014, Articles 3, 5(2)(b), 6(1), 12(1), 13(2)–(4), 14(1)–(2) and (6)–(7), 16(1)(a)–(e) and (h) and (2).
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Article 49 of the Geneva Convention IV, as well as any “contravention” of the 1977 Additional Protocol II, including violations of Article 17(1), are punishable offences. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108.
Peru
Peru’s Law on Internal Displacement (2004) states:
The authorities responsible for the … [forced] displacement shall ensure, to the greatest practicable extent, that proper accommodation is provided to the displaced persons … [and] that such displacement is carried out in satisfactory conditions of safety, nutrition, health and hygiene. 
Peru, Law on Internal Displacement, 2004, Article 8(2).
The Law also states:
The national authorities have the duty and responsibility to provide protection and humanitarian assistance to internally displaced persons within their jurisdiction. Internally displaced persons have the right to request and to receive protection and humanitarian assistance from these authorities. 
Peru, Law on Internal Displacement, 2004, Article 4(1).
The Law further states:
Humanitarian assistance is carried out in accordance with the principles of humanity and impartiality and without discrimination, for no more than six months from the moment the provision of humanitarian assistance begins. Special cases, if so required, shall be dealt with individually. 
Peru, Law on Internal Displacement, 2004, Article 10.
Peru
Peru’s Regulations to the Law on Internal Displacement (2005) states:
Internally displaced persons who return to their places of habitual residence or who have resettled in another part of the country have a right to:
k) Be protected against … gender-based violence and sexual exploitation.
l) Be protected against crimes of sexual violence and abuse against women and their families.
o) Health care in conditions of equality, participating in all preventive activities, as well as those aimed at recovery, rehabilitation and mental health. 
Peru, Regulations to the Law on Internal Displacement, 2005, Article 6(k)–(l) and (o).
Philippines
The Philippines’ Executive Order No. 267 (2000), Constituting the Presidential Executive Task Force for Relief and Rehabilitation of Central Mindanao, states:
Whereas, there is a necessity to urgently respond to the more immediate and urgent needs of the displaced population affected by armed conflicts in evacuation centers and in other places;
Whereas, there is a need to coordinate the existing civil society, private sector inputs, and international assistance in evacuation centers;
Whereas, there is a need to advocate for the participation of the private sector, civil society, and international donors in the rehabilitation of Central Mindanao;
Now, Therefore, I, Joseph Ejercito Estrada, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order the creation of the Presidential Executive Task Force for Relief and Rehabilitation of Central Mindanao.
Sub-Task Force 2: Meeting Minimum Basic Needs in Rehabilitation
Primary Task: In coordination with local chief executives, facilitate the development of an operational action plan to meet the immediate and urgent basic physical infrastructure needs of targeted communities; coordinate the efforts of agencies, NGOs, private sector in the provision of minimum basic needs of families and communities; facilitate the establishment/maintenance of needed social systems.
Sub-Task Force 4: Housing and Infrastructure Rehabilitation
Primary Task: In coordination with local executives, facilitate the immediate development of a settlement plan, with priority construction of two types of housing, namely core shelters which are immediately needed by displaced returnees and socialized housing scheme[s]; coordinate with other agencies to facilitate the construction of other needed infrastructure, such as sewerage, etc. 
Philippines, Executive Order No. 267, 2000.
Philippines
The Philippines’ Executive Order No. 2 (2001), Creating an Interagency Committee for Relief, Rehabilitation and Development of Areas Affected by Armed Conflicts in Mindanao, states:
[T]he government [of the Philippines] is committed to ensure the safe return of families and individuals affected by armed conflicts to their communities of origin and assist them in rebuilding their shattered lives by addressing their basic needs. 
Philippines, Executive Order No. 2, 2001, preamble.
Canada
In 2011, in the XXXX case, the Immigration Division of Canada’s Immigration and Refugee Board declared Mr. XXXX inadmissible to Canada on grounds of, inter alia, alleged complicity in crimes against humanity. The Division stated:
158. … [B]etween the start of the 1960s and the fall of the Lt.-Col. Mengistu’s regime in February 1992 various rebel groups and national liberations fronts engaged in wars of liberation with the Ethiopian government based in Addis Ababa. That war lasted thirty years and cost the lives of … untold numbers of victims. One of the leading rebel groups / liberation fronts was the EPLF [Eritrean People’s Liberation Front] …
197. … The Amnesty International report [for 1992] states that the EPLF forcibly expelled about 120,000 people from Eritrea in June 1992. About 120,000 people were expelled. 80,000 were captured Ethiopian government soldiers and dependants. However, the persons expelled also included civilians such as Ethiopian teachers and former officials. According to the Amnesty International Report the people were put across the border without transport[,] resulting in hundreds dying of starvation or illness in transit camps or while making their way south. The acts, which are offences under the Crimes Against Humanity and War Crimes Act, were perpetrated in a widespread and systematic fashion against a civilian population. 
Canada, Immigration and Refugee Board of Canada, XXXX case, Reasons and Decision, 17 January 2011, §§ 158 and 197.
Colombia
In 1996, in a case concerning the constitutionality of a decree which had ordered measures for the protection of the civilian population in military operations (Decree 2027 of 21 November 1995), Colombia’s Constitutional Court held that displaced persons had the right to receive humanitarian assistance and to be accorded protection by the State. 
Colombia, Constitutional Court, Constitutional Case No. C-092, Judgment, 7 March 1996.
United States of America
In the Krupp case in 1948, the US Military Tribunal at Nuremberg adopted the statement by Judge Phillips in his concurring opinion of 1947 in the Milch case according to which:
The third … condition under which deportation becomes illegal occurs whenever generally recognized standards of decency and humanity are disregarded. This flows from the established principle of law that an otherwise permissible act becomes a crime when carried out in a criminal manner. A close study of the pertinent parts of Control Council Law No. 10 strengthens the conclusions of the foregoing statements that deportation is criminal whenever there is no title in the deporting authority or whenever the purpose of the deportation is illegal or whenever the deportation is characterized by inhumane or illegal methods. 
United States, Military Tribunal at Nuremberg, Krupp case, Judgment, 30 June 1948, adopting the concurring opinion by Judge Phillips in the Milch case, Judgment, 17 April 1947.
Australia
In 2010, in a ministerial statement before the House of Representatives on the situation in Sri Lanka, Australia’s Minister for Foreign Affairs stated:
Australia held concerns about the camps for internally displaced people and we put these concerns directly to the Sri Lankan government at the time, calling for freedom of movement for displaced persons and management of the camps in accordance with international humanitarian standards.
During my November visit to Colombo, I discussed with the Sri Lankan government the importance of freedom of movement for all internally displaced civilians. Accordingly, Australia welcomed the Sri Lankan government’s announcement on 1 December last year which allowed freer movement for people in the camps. Tens of thousands of people have taken advantage of that decision to travel outside the camps. 
Australia, House of Representatives, Minister for Foreign Affairs, Ministerial statement: Sri Lanka, Hansard, 17 March 2010, p. 2805.
Australia
In 2010, in a statement before the UN Human Rights Council Periodic Review on Kenya, the representative of Australia stated: “We continue to be concerned about the insufficient protection of, and assistance to, internally displaced persons”. 
Australia, Statement by its representative before the UN Human Rights Council Periodic Review on Kenya, 6 May 2010.
Bosnia and Herzegovina
In 1992, the Presidency of the Republika Srpska of Bosnia and Herzegovina made an urgent appeal “to give … all possible aid to displaced persons”. 
Bosnia and Herzegovina, Republika Srpska, Appeal of the Presidency concerning the International Committee of the Red Cross Operations, Pale, 7 June 1992.
Chad
In 2009, in its written replies to the issues raised by the Human Rights Committee with regard to Chad’s initial report, Chad stated:
8. As a result of the conflict in Darfur in 2003, Chad was faced with an influx of Darfur refugees in the east of the country. In 2005 there were 220,000 refugees from Darfur, 60 per cent of whom were under the age of 18. The refugees are cared for by the Government of Chad with the support of the United Nations and international and national refugee organizations …
9 … Protection and humanitarian assistance are guaranteed to refugees and their children as part of their civil rights and economic, social and cultural rights.
10. Conflict between communities, Janjaweed incursions and rebel attacks have caused the internal displacement of 50,000 persons in the Dar Sila region … Protection and humanitarian assistance are provided by United Nations agencies, the Government and national human rights organizations. 
Chad, Written replies by the Government of Chad to the Human Rights Committee concerning the list of issues to be taken up in connection with the initial report of Chad, 20 January 2009, UN Doc. CCPR/C/TCD/Q/1/Add.1, submitted 12 January 2009, §§ 8–10.
Chad
In 2012, in its second periodic report to the Human Rights Committee, Chad stated:
76. From 2005 to 2007, a succession of crises at the regional level (in particular the Darfur conflict) and at the national level (insecurity and intercommunity and political tension) caused the internal displacement of some 180,000 persons in the eastern part of Chad, especially in the regions of Ouaddai and Sila. …
78. Between 2007 and 2008, intercommunity fighting led to the forced displacement of some 16,000 Chadians within the country, in particular in the regions of Dar Sila and Ouaddai. …
80. To date, the Government has set up:
- Two governmental institutions with a mandate for internally displaced persons: the national agency to coordinate support for humanitarian activities and the integrated security force … (CONSAHDIS) and the national commission for the reintegration of refugees and returnees (CNARR). CONSAHDIS supervises the integrated security force (DIS) and projects to assist displaced persons, returnees and/or relocated persons and host populations and manages displaced persons sites.
- CNARR is mandated to protect refugees: it coordinates assistance to displaced persons and keeps a register of them.
- A comprehensive stimulus programme for eastern Chad (PGRET), developed with the support of a number of partners, particularly UNDP, was officially approved in September 2010. This programme seeks to meet the needs of internally displaced persons and host communities in areas of return, with the help of substantial financial and human resources made available by the Government. 
Chad, Second periodic report to the Human Rights Committee, 28 January 2013, UN Doc. CCPR/C/TCD/2, submitted 20 July 2012, §§ 76, 78 and 80.
Colombia
According to the Report on the Practice of Colombia, displaced persons have the right to receive humanitarian assistance, and the State’s duty to protect the displaced population is permanent and cannot be renounced in normal times or in states of exception, in accordance with Article 17 of the 1977 Additional Protocol II. 
Report on the Practice of Colombia, 1998, Chapter 5.5.
Colombia
In 2004, in its third periodic report to the Committee on the Rights of the Child, Colombia stated:
117. The [Government’s] Programme of Comprehensive Care for the Displaced Population and the Social Solidarity Network are trying to find ways to improve living conditions for displaced people by providing comprehensive assistance that will enable families to become productive again and to recover their emotional stability, either by returning to their place of origin or by relocating elsewhere in the country.
118. Under this programme, 9,923 million pesos was spent on emergency humanitarian assistance, which was sufficient to take care of 9,282 families in 18 departments in the country. 
Colombia, Third periodic report of Colombia to the Committee on the Rights of the Child, 24 August 2005, UN Doc. CRC/C/Add.129, submitted 28 June 2004, §§ 117–118.
Côte d’Ivoire
In 2009, in its report to the UN Human Rights Council, Côte d’Ivoire stated: “[T]he political and military crises faced by Côte d’Ivoire since 1999, exacerbated by the war which broke out in September 2002, have had many grave consequences in the political, economic and social spheres.” 
Côte d’Ivoire, Report to the UN Human Rights Council, 3 September 2009, UN Doc. A/HRC/WG.6/6/CIV/1, § 136.
Côte d’Ivoire also stated:
133. The successive political and military crises … have resulted in massive and repeated waves of population displacement. According to the available estimates, the number of those affected is between 750,000 and 1 million.
134. To bring the necessary assistance to these people in the difficult situation they find themselves in, a Government ministry for solidarity and war victims has been created. 
Côte d’Ivoire, Report to the UN Human Rights Council, 3 September 2009, UN Doc. A/HRC/WG.6/6/CIV/1, §§ 133–134.
II. Articles 1 [containing the definition of racial discrimination], 2 [on measures to be taken to ensure the elimination of racial discrimination in all its forms] and 3 [on the prevention, prohibition and eradication of apartheid] of the Convention
Georgia
In 2014, in its fourth periodic report to the Committee on the Rights of the Child, Georgia stated:
Internally displaced children
181. The number of internally displaced children in the country amounts to 72,413. They benefit from the general healthcare service, which is provided free of charge by the Government of Georgia for all the children with IDP [internally displaced person] status.
182. … [I]n order to make all the services available for internally displaced children, including healthcare, education, etc., a change in the housing policy was made for the new government to allocate houses in Tbilisi to IDPs, which was not allowed before. The rationale is that IDPs have been living in the capital city for years and have reached a certain level of integration there.
183. … [T]he Law of Georgia on Internally Displaced Persons from the Occupied Territories of Georgia was adopted in 1996 and revised three times since then. In 2013, an analysis of the Law showed a need for considerable improvement. A Draft Law aims to put in place legal mechanisms to ensure emergency assistance in case of forced displacement and the protection of IDPs[’] rights during the whole period of displacement.
184. One of the important changes is the widening of the definition of an internally displaced person as: “A citizen of Georgia or a person with a status of person without citizenship in Georgia can be qualified as an IDP who was forced to leave his/her place of permanent residence due to a danger [to] his/her … health or life or [to] that of his/her family members as a result [of] occupation of territory by a foreign state, aggression, armed conflict, mass violence and/or mass violation of human rights and/or impossibility of his/her return to the place of permanent residence due to the above-mentioned reasons.” With such a formulation, the Law will not only protect the rights of those persons who lived on currently occupied territories, but also those who suffered as a result of the occupation.
185. One of the most valuable changes in the new draft Law is the creation of a uniformed, non-discriminatory approach to all IDPs. In particular, such notions as “IDP Collective Center”[,] “IDPs living in the private sector” will be annulled, ensuring the equal distribution of housing and benefits, such as governmental allowance and [the] possibility to receive payment for communal facilities. It is planned that all IDPs will receive [an] equal governmental allowance in amount of 45 GEL (20 EUR), instead of current[ly] 22-28 GEL, which vary dependent on type of accommodation. At the same time, all IDPs will pay their own communal expenses that are [an] additional step towards integration.
186. The draft law lists the reasons for suspension, termination and reinstatement of IDP allowance. It also specifies IDPs[’] protection measures with regards to accommodation and regulations on their eviction from temporary accommodation. Specifically, measures to be carried out by [the] central and local government for the eviction of IDPs from spaces transferred for legal ownership to third persons, while ensuring their dignity, security and freedom.
187. … [I]n order to make the housing allocation process transparent and based on needs, the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees has issued on 9 August 2013 the Order N320 … , which set up the procedures of allocation of houses to IDPs, using criteria and living standards. The “Rules” set special privileges for persons with disabilities. Before that, no mandatory act regulated the allocation of accommodation.
188. … The guiding principles, criteria and procedures of Durable Housing Solution (DHS) to IDPs were developed by the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia in close cooperation with civil society organizations. The criteria are based on the Law of Georgia, UN guiding principles on forced displacement, the State Strategy on IDPs approved by the Government of Georgia in 2007 and the Action Plan for implementation of the State Strategy on IDPs 2012–2014 adopted by the Government of Georgia on 13 June 2012. The criteria are based on the principles of voluntary and informed decision, family unity, special protection of minors left without families or a guardian/caregiver, adequate accommodation, access to documentation and public services, publicity and transparency. 
Georgia, Fourth periodic report to the Committee on the Rights of the Child, 28 June 2016, UN Doc. CRC/C/GEO/4, submitted 11 December 2014, §§ 181–188.
Germany
In 2005, in its Seventh Human Rights Policy Report submitted to the Bundestag (Lower House of Parliament), Germany’s Federal Government stated:
With the 1998 guidelines on the handling of crises related to internally displaced persons (“Guiding Principles on Internal Displacement”) by the then Representative of the UN Secretary-General on the Human Rights of Internally Displaced Persons, Francis Deng, the international community has a practice-oriented document, which summarizes existing standards on the protection of internally displaced persons and gives further recommendations. Although these guiding principles are not a binding instrument under international law, their acceptance by States, international organizations and NGOs has continued to grow over the past years, so that now they are virtually regarded as customary international law. 
Germany, Federal Government, Seventh Human Rights Policy Report, 17 June 2005, pp. 97–98.
Guinea
In 2009, in its second periodic report to the Committee on the Rights of the Child, Guinea stated:
471. Guinea has been greatly affected by the civil wars in Liberia and Sierra Leone that have raged since 24 December 1989. Faithfully observing international human rights agreements, the [1989] Convention [on the Rights of the Child] and the [1990] African Charter on the Rights and Welfare of the Child, Guinea has generously opened its doors to more than half a million refugees, including more than 305,000 children and young persons under 18 years of age (or 61 per cent of the refugee population), traumatized and hounded by a war that threatens their survival. They have been given shelter throughout the national territory, but especially in Guinée Forestière.
482. Action taken:
- Care of refugees at the level of basic social services (health, education, water, sanitation, vocational training, etc.)
- Mobilization of financial and material resources (food, medicines, clothing, etc.). 
Guinea, Second periodic report to the Committee on the Rights of the Child, 18 April 2012, UN Doc. CRC/C/GIN/2, submitted 24 December 2009, §§ 471 and 482.
Lebanon
In a set of guidelines for soldiers issued in 1996, the Chief of Staff of the Lebanese Army stated that it was the role of the army to protect displaced persons and to ensure that they were fed, housed and provided with medical care. 
Lebanon, Chief of Staff of the Lebanese Army, Note d’orientation pour les militaires, Al Anwar, 26 February 1996.
Mexico
In 1996, during a debate in the UN Commission on Human Rights, Mexico stated that internally displaced persons “must always be provided with the basic necessities”. It also stated:
The primary responsibility for dealing with the problem [of displaced persons] rested … with the State concerned, and that the international community should simply assist and intervene only in cases of massive and systematic violations of human rights. 
Mexico, Statement before the UN Commission on Human Rights, UN Doc. E/CN.4/ 1996/SR.39, 15 April 1996, § 21.
Nepal
In 2007, in its National Policies on Internally Displaced Persons, Nepal stated:
1. Background
Due to natural disasters, human-made circumstances and disasters, armed conflict and situations of violence and fears having [been] created therefrom, persons and families are forcefully displaced from their homes or places of their habitual residence and thus they are time and again required to face such situations that force them to reside in other parts of the country. …
Therefore, the State is required to play a leading role to … make provisions for immediate relief and the necessary humanitarian support and services …
3. Definitions:
For the purpose of these Policies:
(a) “Internally Displaced Person” means a person who is living somewhere else in the country after having [been] forced to flee or leave their home or place of habitual residence due to armed conflict or situation of violence or gross violations of human rights or natural disasters or human-made disasters … or with an intention of avoiding the effects of such situations.
6. Objectives
6.2 To provide relief, benefits and facilities by developing integrated and coordinated mechanisms with the involvement, among others, of displaced persons for the protection of the fundamental rights and basic human rights of internally displaced persons and [the] minimization of adverse effects to be inflicted on local communities as a result of displaced persons.
7. Strategies
In order to achieve the objectives of these policies, the following strategies will be adopted:
7.4 Technical and financial means and resources … required for providing basic services of employment, education and health to internally displaced persons will be collected and mobilized …
8.2. Regarding Relief
8.2.1 By looking into the situation of displaced persons, certain norms will be developed to immediately provide relief, and provisions will be made to distribute the relief accordingly. Similarly, a temporary arrangement … [for shelters] will be made until the permanent and safe [provision of accommodation] … is managed.
8.2.2 Based on the situation of means and resources, arrangements for the availability of proper shelter, security, food grain and health facilities will be made for displaced persons or families … [by] governmental and other bodies concerned.
8.2.3 In order to provide immediately the necessary protection and humanitarian assistance to internally displaced persons, governmental as well as other concerned bodies will … [work in an] action[-]oriented [way].
9. Programmes
For the implementation of the above mentioned strategies and policies, the following programmes will be undertaken:
9.2 Programmes on relief and temporary housing facilities for internally displaced persons. 
Nepal, National Policies on Internally Displaced Persons, 22 February 2007, §§ 1, 3, 6.2, 7, 7.4, 8.2.1–8.2.3, 9 and 9.2.
Nigeria
In 2008, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Nigeria stated:
8.2.2 Rehabilitative care for victims of armed conflict, torture and neglect
(b) Care and Rehabilitation of Refugees
Nigeria, as a nation, has over the years, provided refuge for such people from various areas in Africa … Refugees and internally displaced persons are catered for by such institutions as the National Commission for Refugees, International Red Cross and Red Crescent Societies, the Salvation Army, NEMA [National Emergency Management Agency], State Emergency Relief Agencies (SERAs), as well as other institutional response agencies like the Search and Rescue Unit of the Armed Forces and of the Nigeria Police Force. 
Nigeria, Third and fourth periodic reports to the Committee on the Rights of the Child, 5 January 2009, UN Doc. CRC/C/NGA/3-4, submitted 19 May 2008, § 8.2.2(b).
Oman
In May 1994, during a debate on Rwanda in the UN Security Council, Oman stated that the most urgent measure in response to mass displacement was to immediately extend humanitarian assistance to IDPs. 
Oman, Statement before the UN Security Council, UN Doc. S/PV.3377, 16 May 1994, p. 7.
Pakistan
In 2001, in its second periodic report to the Committee on the Rights of the Child, Pakistan stated that it “will continue to carry out its moral obligation, as the country of asylum, to provide the Afghan refugees with assistance and protection”. 
Pakistan, Second periodic report to the Committee on the Rights of the Child, 11 April 2003, UN Doc. CRC/C/65/Add.21, submitted 19 January 2001, § 344.
Philippines
The Guidelines on Evacuations adopted by the Presidential Human Rights Committee of the Philippines in 1991 provide that “the government shall provide free transportation facilities to the evacuees during evacuation” and that “medicine and relief goods, whether coming from the government or non-government organisations, shall be given to the evacuees without delay”.  
Philippines, Presidential Human Rights Committee, Resolution No. 91-001 Providing for Guidelines on Evacuations, Manila, 26 March 1991, §§ 3 and 6.
Russian Federation
The Report on the Practice of the Russian Federation states:
Unfortunately, the party to a conflict that causes the displacement of persons [through its methods of warfare] does not bear any responsibility [for their care]. The material burden of providing assistance to these persons thus rests on the other party. 
Report on the Practice of the Russian Federation, 1997, Chapter 5.5.
Serbia and Montenegro
In 2003, in its initial report to the Human Rights Committee, Serbia and Montenegro stated:
… Likewise, any person resettled forcibly within Serbia and Montenegro has the right to effective protection and assistance in accordance with the law and the international obligations of the country (Article 38 [of the 2003 Charter of Human and Minority Rights and Civil Liberties of the State Union of Serbia and Montenegro]). 
Serbia and Montenegro, Initial report to the Human Rights Committee, UN Doc. CCPR/C/SEMO/2003/1, 24 July 2003, § 67.
South Africa
In 2010, in a statement at the Tenth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, South Africa’s Deputy Minister of the Department of International Relations and Cooperation stated:
African leaders also recognised that IDPs [internally displaced persons] could be a possible contributing factor to instability on the continent. Faced with the reality that the African continent has one of the largest number of IDPs, estimated at about 11.8 million from 21 countries, Heads of State and Government of Member States of the AU [African Union] met during November 2009 to adopt the Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention), in an effort to address these challenges, the first continent to have done so. …
I am happy to say that many of the articles contained within the Convention, which inter alia refer to freedom of movement, political choice, human dignity, health care and security of persons, are already protected in the South African Constitution (Act 35 of 1997). It is our view that the AU IDP Convention fills a void in humanitarian law, recognising that IDPs have specific vulnerabilities and must be supported. It is therefore our hope that the AU Convention is going to be of value to other regions as well and contribute globally to the strengthening of IHL. 
South Africa, Statement by the Deputy Minister of the Department of International Relations and Cooperation at the Tenth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, 4 May 2010, pp. 2–3.
Switzerland
In 2013, in a statement before the UN Human Rights Council during an interactive dialogue with the UN Special Rapporteur on the human rights of internally displaced persons, the representative of Switzerland stated:
During the preparation of the report, more than 4.25 million people have been internally displaced in Syria as a result of the hostilities, and their number has even more increased since then, following the intensification of the violence.
This makes access to victims of the war, including internally displaced persons, more and more difficult and the humanitarian actors present face great risks. … In view of the grave circumstances, Switzerland calls on all parties to the conflict to respect the principles of international humanitarian law and to facilitate thus access to vulnerable persons. It invites, in particular, the Syrian Government, in the framework of its primordial obligation to protect displaced persons and to respond to their needs, to facilitate humanitarian aid intended for all vulnerable persons, without discrimination and in line with international humanitarian law as well as the Guiding Principles on Internal Displacement. 
Switzerland, Statement by the representative of Switzerland before the UN Human Rights Council during an interactive dialogue with the Special Rapporteur on the human rights of internally displaced persons, 16 September 2013.
Switzerland applauds the current efforts of the Iraqi authorities, including the authorities of the Iraqi Kurdistan region to provide the best possible shelter for internally displaced persons. 
Switzerland, Federal Department of Foreign Affairs, “Switzerland steps up humanitarian aid for victims in Iraq”, Press Release, 15 August 2014.
Thailand
In 2011, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Thailand stated:
Children in temporary shelters for displaced persons fleeing armed conflict
100. Thailand adheres to the principle of non-refoulement of displaced persons fleeing armed conflict, protecting them from forced repatriation to areas of danger. Currently, there are nine temporary shelters designated for this group of people in four Northern provinces and along the Thai-Myanmar borders. Temporary refuge has been granted to 140,000 displaced people based on humanitarian principles pending safe return to the country of origin. However, many of these people have been taking refuge in Thailand for generations and are still unable to return to their countries due to possible threats to their safety, obliging Thailand to continue to provide care and services to them. Some groups have been residing in these areas for more than 30 years.
101. The aim of Thailand’s policy towards displaced persons fleeing armed conflict is to provide assistance on a humanitarian basis pending eventual repatriation. While taking refuge in the temporary shelters, displaced persons are forbidden to go out of the designated areas or take any actions that might jeopardize the relationships with Thailand’s neighbors. The management of the camps follows strict guidelines and takes into account the observations and concerns of the CRC Committee [Committee on the Rights of the Child].
102. Some of the measures taken to ensure proper care and treatment of these people are:
(a) The establishment of a committee, consisting of representative[s] from relevant agencies, tasked with providing care for displaced persons in temporary refuge and determining [a] long-term plan aimed at eventual repatriation or settlement in a third country;
(b) Selection of areas for setting up camps that are near to the border, connecting to the country of origin, and produce the least possible impact on the environment and Thai population;
(c) Development of profile and personal records for care and repatriation;
(f) Cooperation with 17 private organizations and international organizations in providing care and welfare services to displace[d] persons … ;
(i) Organization of internal administration of the camps through a committee, consisting of 15 representatives from displaced persons themselves, responsible for different aspects of daily living and coordinating with authorities from Thailand on registration and safety issue[s] and with NGOs on daily living and care. 
Thailand, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 14 September 2011, UN Doc. CRC/C/THA/3-4, submitted 11 July 2011, §§ 100–102(a)–(c), (f) and (i).
Turkey
In Akdivar and Others v. Turkey before the European Court of Human Rights in 1996, the Turkish Government stated that under Turkish emergency legislation, persons who have had to leave their place of residence may be rehoused inside or outside the region covered by the state of emergency. It also stated that special funds were provided to assist those who needed to leave their homes. 
European Court of Human Rights, Akdivar and Others v. Turkey, Government Memorial, 11 April 1996, §§ 43 and 58.
United Kingdom of Great Britain and Northern Ireland
In 2003, in a written reply to a question in the House of Commons on the “forced repatriation of Chechen internally displaced persons from their displacement camps in Ingushetia”, the UK Minister of State, Foreign and Commonwealth Office, stated:
The UK has played a prominent role in international efforts to press the Russian Government to halt the closure of internally displaced persons camps in the North Caucasus. Bilaterally, we have informed the Russian Government that the suspension of food, water and energy supplies to the camps constituted, in our view, a forced closure and reminded Russia of her obligations under the 1951 UN Convention on Refugees. The UK has also initiated and helped draft a number of EU demarches, calling for the closure of the camps to be stopped. We were therefore encouraged by President Putin’s statement last month that the closures should be halted. However, we will continue to monitor the situation closely and take further action if necessary. 
United Kingdom, House of Commons, Written answer by the Minister of State, Foreign and Commonwealth Office, Hansard, 21 January 2003, Vol. 398, Written Answers, col. 224W.
United Kingdom of Great Britain and Northern Ireland
In 2003, during a debate in the House of Commons, the UK Parliamentary Under-Secretary of State, Foreign and Commonwealth Office, stated in reply to a question on “people internally displaced as a result of the conflict in Iraq”:
We have talked to the various NGOs that may have to deal with some of the IDPs [internally displaced persons], and to the countries that may be affected as people try to move towards their borders. We have been seeking agreements with other countries about how they will respond to the refugees coming towards their borders. We have also been talking to the military, who will obviously come across IDPs very quickly. We have discussed how they will ensure that those people’s safety is guaranteed and how they will ensure that IDPs get the humanitarian aid that they need as quickly as possible. 
United Kingdom, House of Commons, Statement by the Parliamentary Under-Secretary of State, Foreign and Commonwealth Office, Hansard, 19 March 2003, Vol. 401, Debates, col. 946.
United States of America
In 1991, during a debate in the UN Security Council on the repression of the Iraqi civilian population, including Kurds in Iraq, the United States stated that its air force would drop food, blankets, clothing, tents and other relief-related items into northern Iraq. The US military would continue to help IDPs in southern Iraq and were willing to send a military medical unit to the border area to assist. The United States expressed profound concern about the plight of displaced persons and noted that it had contributed generously to the care and maintenance of the displaced.  
United States, Statement before the UN Security Council, UN Doc. S/PV.2982, 5 April 1991, pp. 58–60.
UN Security Council
In a resolution adopted in 1974 on emergency UN humanitarian assistance to Cyprus, the UN Security Council expressed grave concern at the plight of IDPs and urged parties to take appropriate measures to provide for their relief and welfare. 
UN Security Council, Res. 361, 30 August 1974, § 4, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 1991 on repression of the Iraqi civilian population, including Kurds in Iraq, the UN Security Council requested that the UN Secretary-General “use all the resources at his disposal … to address urgently the critical needs of refugees and displaced Iraqi population”. 
UN Security Council, Res. 688, 5 April 1991, § 5, voting record: 10-3-2.
UN Security Council
In a resolution adopted in 1992 on political conditions in Bosnia and Herzegovina, the UN Security Council emphasized “the urgent need for humanitarian assistance, material and financial … [for] displaced persons”. 
UN Security Council, Res. 752, 15 May 1992, § 7, voting record: 15-0-0.
UN Security Council
In a resolution on Bosnia and Herzegovina adopted in 1995, the UN Security Council expressed grave concern “at the very serious situation which confronts … a great number of displaced persons within the safe area at Potocari, especially the lack of essential food supplies and medical care”. 
UN Security Council, Res. 1004, 12 July 1995, preamble, voting record: 15-0-0.
UN Security Council
In three separate resolutions adopted in 1995 in the context of the conflict in the former Yugoslavia, the UN Security Council condemned the failure of the Bosnian Serb party to comply with its commitments in respect of giving humanitarian agencies access to displaced persons. 
UN Security Council, Res. 1010, 10 August 1995, preamble and § 1, voting record: 15-0-0; Res. 1019, 9 November 1995, preamble and § 2, voting record: 15-0-0; Res. 1034, 21 December 1995, preamble and §§ 4–5, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 1996, the UN Security Council underlined the responsibility of the authorities in Burundi for the security of refugees and displaced persons in Burundi. 
UN Security Council, Res. 1040, 29 January 1996, preamble, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 1996 on the Great Lakes region, the UN Security Council:
Requests the Secretary-General, in consultation with his Special Envoy and the coordinator of humanitarian affairs, with the United Nations High Commissioner for Refugees, with the OAU, with the Special Envoy of the European Union and with the States concerned:
(a) to draw up a concept of operations … with the objectives of:
- Delivering short-term humanitarian assistance … to refugees and displaced persons in eastern Zaire;
- Assisting United Nations High Commissioner for Refugees with the protection …
- Establishing humanitarian corridors for the delivery of humanitarian assistance. 
UN Security Council, Res. 1078, 9 November 1996, § 10, voting record: 15-0-0.
UN Security Council
In a resolution adopted in 1997 concerning eastern Zaire, the UN Security Council endorsed a plan for the “facilitation of access for humanitarian assistance” to refugees and displaced persons. 
UN Security Council, Res. 1097, 18 February 1997, § 1, voting record: 15-0-0.
UN Security Council
In 1997, in a statement by its President on the Democratic Republic of the Congo, the UN Security Council called for the facilitation of access to humanitarian assistance and for the rights of refugees and displaced persons to be fully respected. 
UN Security Council, Statement by the President, UN Doc. S/PRST/1997/31, 29 May 1997, p. 2.
UN General Assembly
In a resolution adopted in 2003 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
10. … calls upon African States, the international community and relevant United Nations organizations to take concrete action to meet the needs of refugees, returnees and displaced persons for protection and assistance and to contribute generously to national projects and programmes aimed at alleviating their plight;
30. Notes the conclusion adopted by the Executive Committee of the Programme of the United Nations High Commissioner for Refugees at its fifty-fourth session on the importance of early and effective registration systems and censuses as a tool of protection and as a means to enable the quantification and assessment of needs for the provision and distribution of humanitarian assistance and to implement appropriate durable solutions;
31. Emphasizes the need for the Office of the High Commissioner to collate statistics, on a regular basis, on the number of refugees living outside refugee camps in certain African countries with a view to evaluating and addressing the needs of those refugees;
35. Expresses grave concern about the plight of internally displaced persons in Africa, calls upon States to take concrete action to pre-empt internal displacement and to meet the protection and assistance needs of internally displaced persons, recalls in that regard the Guiding Principles on Internal Displacement. 
UN General Assembly, Res. 58/149, 22 December 2003, §§ 10, 30–31 and 35, adopted without a vote.
UN General Assembly
In a resolution adopted in 2003 on the protection of and assistance to internally displaced persons, the UN General Assembly:
Emphasizing that States have the primary responsibility to provide protection and assistance to internally displaced persons within their jurisdiction as well as to address the root causes of the displacement problem in cooperation with the international community,
11. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by further improving access to internally displaced persons. 
UN General Assembly, Res. 58/177, 22 December 2003, preamble and § 11, adopted without a vote.
UN General Assembly
In a resolution adopted in 2003 on the situation of human rights in Myanmar, the UN General Assembly:
3. Expresses once again its grave concern at:
(b) The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries, and recalls in this context the obligations of Myanmar under international law;
6. Once again urges the Government of Myanmar, as stated in its resolution 57/231 and in Commission on Human Rights resolution 2003/12:
(c) … to end systematic enforced displacement and provide protection and assistance to internally displaced persons. 
UN General Assembly, Res. 58/247, 23 December 2003, §§ 3(b) and 6(c), adopted without a vote.
UN General Assembly
In a resolution adopted in 2004 on the situation of human rights in Myanmar, the UN General Assembly called upon the Government of Myanmar to “provide the necessary protection and assistance to internally displaced persons”. 
UN General Assembly, Res. 59/263, 23 December 2004, § 3(j), adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 on the protection of and assistance to internally displaced persons, the UN General Assembly:
Emphasizing that States have the primary responsibility to provide protection and assistance to internally displaced persons within their jurisdiction as well as to address the root causes of the displacement problem in cooperation with the international community,
12. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by further improving access to internally displaced persons. 
UN General Assembly, Res. 60/168, 16 December 2005, preamble and § 12, adopted without a vote.
UN General Assembly
In a resolution adopted in 2005 concerning assistance for humanitarian relief and the economic and social rehabilitation of Somalia, the UN General Assembly underlined “the urgent need for humanitarian assistance and continued relief, reconstruction and livelihood assistance, as well as equitable resource allocation to vulnerable communities, such as … internally displaced persons”. 
UN General Assembly, Res. 60/219, 22 December 2005, preamble, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on assistance to Palestine refugees, the UN General Assembly:
Acknowledging the essential role that the United Nations Relief and Works Agency for Palestine Refugees in the Near East has played for more than fifty-six years since its establishment in ameliorating the plight of the Palestine refugees in the fields of education, health and relief and social services,
Expressing grave concern at the especially difficult situation of the Palestine refugees under occupation, including with regard to their safety, well-being and living conditions,
1. Notes with regret that repatriation or compensation of the refugees, as provided for in paragraph 11 of General Assembly resolution 194 (III), has not yet been effected, that, therefore, the situation of the Palestine refugees continues to be a matter of grave concern and that the Palestine refugees continue to require assistance to meet basic health, education and living needs. 
UN General Assembly, Res. 61/112, 14 December 2006, preamble and § 1, voting record: 173-1-10-8.
UN General Assembly
In a resolution adopted in 2006 concerning assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
9. Recognizes the importance of early registration and effective registration systems and censuses as a tool of protection and as a means to the quantification and assessment of needs for the provision and distribution of humanitarian assistance and to implement appropriate durable solutions;
12. Reaffirms the importance of timely and adequate assistance and protection for refugees, also reaffirms that assistance and protection are mutually reinforcing and that inadequate material assistance and food shortages undermine protection, notes the importance of a rights- and community-based approach in engaging constructively with individual refugees and their communities to achieve fair and equitable access to food and other forms of material assistance, and expresses concern in regard to situations in which minimum standards of assistance are not met, including those in which adequate needs assessments have yet to be undertaken;
26. Expresses grave concern at the increasing numbers of internally displaced persons in Africa, calls upon States to take concrete action to pre-empt internal displacement and to meet the protection and assistance needs of internally displaced persons, recalls in this regard the Guiding Principles on Internal Displacement. 
UN General Assembly, Res. 61/139, 19 December 2006, §§ 9, 12 and 26, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on the situation of human rights in Myanmar, the UN General Assembly strongly called upon the Government of Myanmar “to provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community”. 
UN General Assembly, Res. 61/232, 22 December 2006, § 3(d), voting record: 82-25-45-40.
UN General Assembly
In a resolution adopted in 2007 on assistance to Palestine refugees, the UN General Assembly:
Acknowledging the essential role that the United Nations Relief and Works Agency for Palestine Refugees in the Near East has played for more than fifty-seven years since its establishment in ameliorating the plight of the Palestine refugees through its provision of education, health and relief and social services and emergency assistance,
Expressing grave concern at the especially difficult situation of the Palestine refugees under occupation, including with regard to their safety, well-being and socio-economic living conditions,
1. Notes with regret that repatriation or compensation of the refugees, as provided for in paragraph 11 of General Assembly resolution 194 (III), has not yet been effected, and that, therefore, the situation of the Palestine refugees continues to be a matter of grave concern and the Palestine refugees continue to require assistance to meet basic health, education and living needs. 
UN General Assembly, Res. 62/102, 17 December 2007, preamble and § 1, voting record: 171-2-6-13.
UN General Assembly
In a resolution adopted in 2007 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
11. Also recognizes the importance of early registration and effective registration systems and censuses as a tool of protection and as a means to the quantification and assessment of needs for the provision and distribution of humanitarian assistance and to implement appropriate durable solutions;
14. Reaffirms the importance of timely and adequate assistance and protection for refugees, returnees and displaced persons, also reaffirms that assistance and protection are mutually reinforcing and that inadequate material assistance and food shortages undermine protection, notes the importance of a rights- and community-based approach in engaging constructively with individual refugees, returnees and displaced persons and their communities so as to achieve fair and equitable access to food and other forms of material assistance, and expresses concern in regard to situations in which minimum standards of assistance are not met, including those in which adequate needs assessments have yet to be undertaken;
28. calls upon States to take concrete action to pre-empt internal displacement and to meet the protection and assistance needs of internally displaced persons, recalls in that regard the Guiding Principles on Internal Displacement. 
UN General Assembly, Res. 62/125, 18 December 2007, §§ 11, 14 and 28, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the situation of human rights in Burundi, the UN Commission on Human Rights:
Expresses its concern at the situation of displaced persons, deplores in particular the unacceptable living conditions in the displaced persons sites and recommends that the Transitional Government, United Nations specialized agencies and non-governmental organizations provide humanitarian assistance. 
UN Commission on Human Rights, Res. 2003/16, 17 April 2003, § 8, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on internally displaced persons, the UN Commission on Human Rights:
2. Expresses concern at the persistent problems of large numbers of internally displaced persons worldwide, in particular the risk of extreme poverty and socio-economic exclusion, their limited access to humanitarian assistance, vulnerability to human rights violations, as well as difficulties resulting from their specific situation, such as lack of food, medication or shelter and issues pertinent during their reintegration, including, in appropriate cases, the need for the restitution of or compensation for property;
10. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, to develop national policies aimed at addressing their plight, as well as to ensure that they benefit from public services, in particular basic social services such as health services and education, based on the principle of non-discrimination, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by improving access to internally displaced persons. 
UN Commission on Human Rights, Res. 2003/51, 23 April 2003, §§ 2 and 10, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on internally displaced persons, the UN Commission on Human Rights:
2. Expresses concern at the persistent problems of large numbers of internally displaced persons worldwide, in particular the risk of extreme poverty and socioeconomic exclusion, their limited access to humanitarian assistance, vulnerability to human rights violations, as well as difficulties resulting from their specific situation, such as lack of food, medication or shelter and issues pertinent during their reintegration, including, in appropriate cases, the need for the restitution of or compensation for property;
9. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, to develop national policies aimed at addressing their plight, as well as to ensure that they benefit from public services, in particular basic social services such as health services and education, based on the principle of nondiscrimination, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by improving access to internally displaced persons. 
UN Commission on Human Rights, Res. 2004/55, 20 April 2004, §§ 2 and 9, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on the situation of human rights in Myanmar, the UN Commission on Human Rights strongly urged the Government of Myanmar to “provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community”. 
UN Commission on Human Rights, Res. 2004/61, 21 April 2004, § 5(i), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on the situation of human rights in Myanmar, the UN Commission on Human Rights:
3. Expresses its grave concern at:
(g) The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries, and recalls in this context the obligations of Myanmar under international law;
5. Also calls upon the Government of Myanmar:
(e) To end the systematic enforced displacement of persons and other causes of refugee flows to neighbouring countries, to provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community, and to respect the right of refugees to voluntary, safe and dignified return monitored by appropriate international agencies. 
UN Commission on Human Rights, Res. 2005/10, 14 April 2005, §§ 3(g) and 5(e), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on internally displaced persons, the UN Commission on Human Rights:
3. Expresses concern at the persistent problems of large numbers of internally displaced persons worldwide, in particular the risk of extreme poverty and socioeconomic exclusion, their limited access to humanitarian assistance, vulnerability to human rights violations, as well as difficulties resulting from their specific situation, such as lack of food, medication or shelter and issues pertinent during their reintegration, including, in appropriate cases, the need for the restitution of or compensation for property;
5. Notes the importance of taking the human rights and the specific protection and assistance needs of internally displaced persons into consideration, when appropriate, in peace processes and in reintegration and rehabilitation processes;
7. Expresses its appreciation of the Guiding Principles on Internal Displacement as an important tool for dealing with situations of internal displacement, welcomes the fact that an increasing number of States, United Nations agencies and regional and nongovernmental organizations are applying them as a standard, and encourages all relevant actors to make use of the Guiding Principles when dealing with situations of internal displacement;
10. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, to develop national policies aimed at addressing their plight, as well as to ensure that they benefit from public services, in particular basic social services such as health services and education, based on the principle of nondiscrimination, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by improving access to internally displaced persons. 
UN Commission on Human Rights, Res. 2005/46, 19 April 2005, §§ 3, 5, 7 and 10, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on technical cooperation and advisory services in the Democratic Republic of the Congo, the UN Commission on Human Rights urged all parties “[t]o guarantee the rights and welfare of persons displaced within the country, repatriates and groups of refugees”. 
UN Commission on Human Rights, Res. 2005/85, 21 April 2005, § 5(e), adopted without a vote.
UN Human Rights Council
In a resolution adopted in 2007 on the mandate of the Representative of the Secretary-General on the human rights of internally displaced persons, the UN Human Rights Council expressed concern “at the persistent problems of large numbers of internally displaced persons worldwide, in particular … vulnerability to human rights violations and difficulties resulting from their specific situation, such as lack of food, medication or shelter”. 
UN Human Rights Council, Res. 6/32, 14 December 2007, § 3, adopted without a vote.
United Nations High Commissioner for Refugees
In 1994, the UNHCR Executive Committee emphasized that since IDPs remained within the territorial jurisdiction of their own countries, the primary responsibility for their welfare and protection lay with the State concerned. 
UNHCR, Executive Committee, Conclusion No. 75 (XLV): Internally Displaced Persons, 20 October 1994, § d.
UN Secretary-General
In 1994, in a report on Rwanda, the UN Secretary-General stated that the immediate priorities with regard to the displaced population were to relieve suffering through the provision of adequate humanitarian assistance. 
UN Secretary-General, Report on the situation in Rwanda, UN Doc. S/1994/640, 31 May 1994, § 40.
UN Secretary-General
In 1996, in a report on the situation of human rights in Croatia, the UN Secretary-General noted that the Croatian Government was caring for a large number of IDPs and that the government had stated that it was spending 17 million dollars per month on displaced persons. 
UN Secretary-General, Further report on the situation of human rights in Croatia, UN Doc. S/1996/456, 21 June 1996, p. 9.
UN Secretary-General
In 1997, in a report on Sierra Leone, the UN Secretary-General noted that the Government of Sierra Leone and the Revolutionary United Front (RUF) had made efforts to defuse tensions in certain areas by seeking ways to provide food to displaced persons. 
UN Secretary-General, Report on Sierra Leone, UN Doc. S/1997/80, 26 January 1997, § 20.
Representative of the UN Secretary-General on Internally Displaced Persons
In 1997, in a report on his mission to Mozambique, the Representative of the UN Secretary-General on Internally Displaced Persons noted: “In the absence of health centres, an extended health-care network was set up in the form of ‘flying brigades’, which would provide medicines and carry out vaccination campaigns.” He also reported that “in collaboration with programme partners, IOM provided the internally displaced persons with food, seeds, tools, medical assistance and transport of household belongings”. 
Representative of the UN Secretary-General on Internally Displaced Persons, Report on the Representative’s visit to Mozambique from 24 November to 3 December 1996, UN Doc. E/CN.4/1997/43/Add.1, 24 February 1997, §§ 48–49 and 67.
UN Commission on Human Rights (Special Rapporteur)
In 1996, in a special report on minorities in the former Yugoslavia, the Special Rapporteur of the UN Commission on Human Rights reported that “the Montenegrin authorities have … recognized the villagers in Plejvlja as displaced persons and distributed assistance covering their basic needs”. 
UN Commission on Human Rights, Special Rapporteur on the Situation of Human Rights in the Former Yugoslavia, Special report on minorities, UN Doc. E/CN.4/1997/8, 25 October 1996, §§ 81–83.
European Parliament
In a resolution adopted in 1985 in response to mass transfers of the population in Ethiopia, the European Parliament invited the European Commission, the Council and member States to ask Ethiopia to put a stop to forced displacement for a minimum of six months. The resolution stated that the suspension of the displacement of the civilian population during this period was necessary in order for the Ethiopian Government to assess, under international supervision, the necessity of the transfers, and to establish minimum humanitarian conditions for their conduct should they have proved necessary. 
European Parliament, Resolution on mass transfers of populations in Ethiopia and the expulsion of Médecins sans frontières, 13 December 1985, § 1.
International Conference of the Red Cross (1981)
The 24th International Conference of the Red Cross in 1981 adopted a Statement of Policy on International Red Cross Aid to Refugees, which provided:
1. The Red Cross should at all times be ready to assist and protect refugees, displaced persons and returnees, when such victims are considered as protected persons under the Fourth Geneva Convention of 1949, or when they are considered as refugees under Article 73 of the 1977 Protocol I additional to the Geneva Conventions of 1949, or in conformity with the Statutes of the International Red Cross, especially when they cannot, in fact, benefit from any other protection or assistance, as in some cases of internally displaced persons.
8. As a neutral and independent humanitarian institution, the ICRC offers its services whenever refugees and displaced persons are in need of the specific protection which the ICRC may afford them. 
24th International Conference of the Red Cross, Manila, 7–14 November 1981, Res. XXI, Annex, Statement of Policy on International Red Cross Aid to Refugees, §§ 1 and 8.
International Conference of the Red Cross (1986)
The 25th International Conference of the Red Cross in 1986 adopted a resolution on the Movement and refugees in which it urged National Societies to “spare no effort to ensure that refugees and asylum-seekers receive humane treatment and decent material conditions in host countries”. 
25th International Conference of the Red Cross, Geneva, 23–31 October 1986, Res. XVII, § 4.
International Conference on Indo-Chinese Refugees (1989)
The Comprehensive Plan of Action adopted by consensus at the International Conference on Indo-Chinese Refugees in 1989 provided that persons determined not to be refugees should be provided with care and assistance pending their repatriation. 
International Conference on Indo-Chinese Refugees, Geneva, 13–14 June 1989, Comprehensive Plan of Action, UN Doc. A/CONF.148/2, 26 April 1989, §§ 12, 14 and 15.
International Conference of the Red Cross and Red Crescent (1995)
The 26th International Conference of the Red Cross and Red Crescent in 1995 adopted a resolution on principles and action in international humanitarian assistance and protection in which it called upon States “to provide humanitarian assistance to internally displaced persons and to assist States having accepted refugees”. 
26th International Conference of the Red Cross and Red Crescent, Geneva, 3–7 December 1995, Res. IV, § A(1)(c).
International Conference of the Red Cross and Red Crescent (1999)
The Plan of Action for the years 2000–2003 adopted in 1999 by the 27th International Conference of the Red Cross and Red Crescent proposed that all the parties to an armed conflict take effective measures to ensure that “if displacement occurs, … appropriate assistance is provided” to displaced persons. 
27th International Conference of the Red Cross and Red Crescent, Geneva, 31 October–6 November 1999, Res. I, Annex 2, Plan of Action for the years 2000–2003, Actions proposed for final goal 1.1, § 1(c).
Human Rights Committee
In its concluding observations on the initial report of Serbia and Montenegro in 2004, the Human Rights Committee stated:
The Committee is concerned about the lack of full protection of the rights of internally displaced persons in Serbia and Montenegro, particularly with regard to access to social services in their places of actual residence, including education facilities for their children, and access to personal documents. It expresses its concern with regard to high levels of unemployment and lack of adequate housing, as well as with regard to the full enjoyment of political rights. While noting the State party’s view that internally displaced persons have equal status with other citizens of Serbia and Montenegro, the Committee is concerned at the lack of enjoyment of their rights in practice. The Committee notes that Roma from Kosovo displaced during the 1999 conflict are a particularly vulnerable group (arts. 12, 26 [of the 1966 International Covenant on Civil and Political Rights]).
The State party should take effective measures to ensure that all policies, strategies, programmes and funding support have as their principal objective the enjoyment by all displaced persons of the full spectrum of Covenant rights. Furthermore, internally displaced persons should be afforded full and effective access to social services, educational facilities, unemployment assistance, adequate housing and personal documents, in accordance with the principle of non-discrimination. 
Human Rights Committee, Concluding observations on the initial report of Serbia and Montenegro, UN Doc. CCPR/CO/81/SEMO, 12 August 2004, § 18.
[emphasis in original]
Human Rights Committee
In its concluding observations on the initial report of Bosnia and Herzegovina in 2006, the Human Rights Committee stated:
The Committee is concerned about the poor conditions in collective centres housing some 7,000 IDPs, many of whom belong to ethnic minority or other vulnerable groups. (arts. 17 and 26[of the 1966 International Covenant on Civil and Political Rights])
The State party should proceed with the phasing-out of collective centres for IDPs and provide adequate alternative housing to the residents of such centres. 
Human Rights Committee, Concluding observations on the initial report of Bosnia and Herzegovina, UN Doc. CCPR/C/BIH/CO/1, 22 November 2006, § 21.
[emphasis in original]
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that:
The Occupying Power undertaking evacuation shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the evacuated persons, that the removals are effected in satisfactory conditions of hygiene, health … and nutrition. 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 836.
Council of Delegates (1991)
At its Budapest Session in 1991, the Council of Delegates adopted a resolution on the International Red Cross and Red Crescent Movement and refugees in which it requested the components of the Movement:
b) to pursue their efforts in disseminating international humanitarian law, human rights law, of which refugee law is part, and the Fundamental Principles of the Movement in order to enhance protection and humane treatment of refugees, asylum-seekers, displaced persons and returnees.
h) to actively seek the support of governments with a view:
iii) to ensure that, in all circumstances, refugees, asylum-seekers and displaced persons receive … decent material conditions. 
International Red Cross and Red Crescent Movement, Council of Delegates, Budapest Session, 28–30 November 1991, Res. 9, §§ b and h(iii).
Council of Delegates (1991)
At its Budapest Session in 1991, the Council of Delegates adopted a resolution on the protection of the civilian population against famine in situations of armed conflict in which it reminded the authorities concerned and the armed forces under their command of their obligation to apply IHL, in particular the rule that “should such displacements have to be carried out, the stipulation that all possible measures be taken to ensure that the civilians are received under satisfactory conditions of shelter, hygiene, health, safety and nutrition”. 
International Red Cross and Red Crescent Movement, Council of Delegates, Budapest Session, 28–30 November 1991, Res. 13, § 1.
Turku Declaration of Minimum Humanitarian Standards
The Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights of Åbo Akademi University in Turku/Åbo, Finland in 1990, states:
Should … displacements have to be carried out, all possible measures shall be taken in order that the population may be transferred and received under satisfactory conditions of shelter, hygiene, health … and nutrition. 
Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights, Åbo Akademi University, Turku/Åbo, 30 November–2 December 1990, Article 7(1), IRRC, No. 282, p. 333.
Sudan People’s Liberation Movement/Army (SPLM/A)
In a resolution adopted in 1991, the Politico-Military High Command of the SPLM/A stated:
The SPLM/SPLA considers relief assistance to innocent civilians caught up in the war situation and natural disasters as a human right, and the Movement shall facilitate passage of relief assistance to the areas of need in both SPLM/SPLA and Government administered areas. 
SPLM/A, PMHC Resolution No. 10: Relief Assistance, 9 September 1991, § 10.1, Report on SPLM/A Practice, 1998, Chapter 5.5.