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Protecting Rights through Humanitarian Action
About this Section
Growing the Sheltering Tree
Training and Toolkits
Resources
Mission to Colombia with a View to Develop
Field Practices in Internal Displacement
6 - 12 December 1998
UNICEF, New York
James Kunder, consultant and Bo Viktor Nylund, Project Officer,
Humanitarian Principles Office of Emergency Programmes,
UNICEF New York
1. Overview of the Situation
1.1. General
"It is better to walk alone than in bad company," a displaced
person in Colombia exclaimed when discussing the problem of staying neutral and
outside the conflict in Colombia, so as not to become a target of the violence.
Indeed, the root causes of displacement in Colombia are particularly complex due
to the many actors. There are a number of actors who act independently and on
many different levels, which makes it all the more difficult to target the
problems. The actors who cause displacement are normally divided into
three: the government forces, the paramilitary (normally claimed to have a
right-wing agenda), and the guerilla (normally referred to as a left-wing
organization). Although the interplay among these forces -- and criminal
elements -- is complex, the factors of economic gain and power are obvious
priorities in the displacement scenario. In contrast to many other
countries facing internal displacement, in Colombia the root causes do not stem
from issues such as ethnicity and religion.
The fact that there are so many players involved makes it
difficult for the civilian population to stay outside the conflict. If not
joining to support one party to the conflict, you are easily identified as
supporting another party. This is also one of the reasons why many
displaced do not want to be identified as IDPs. They fear that having been
displaced by one party may cause suspicions about that group of displaced
persons having a certain political agenda or affiliation.
As in many other situations, the estimated number of displaced
persons varies depending on who provides the numbers, and the numbers are also
an extremely politically sensitive issue. Some organizations talk of
approximately 200,000 displaced persons, while others tend to talk of a much
higher number, up to over one million displaced persons. But estimates are
difficult to assess, as many displaced persons do not even want to be known as
such, and great numbers of displaced also disappear into the slums of the urban
areas. This is due to the nature of the problems that displaced people
face, namely the risk of becoming a target of physical violence because of being
displaced.
Thus, in Colombia the main problem for the displaced population
is one of protection, i.e. providing the displaced population, and those
threatened with displacement with physical safety. The need for immediate
humanitarian assistance (food, health, water, etc), while important, is not as
severe as in many other displaced situations. When we speak of protection
in this context, we include the need to prevent certain human rights violations
against the physical integrity of the population, as well as providing durable
solutions to those who have been displaced and are looking to settle
down.
Although there are some legal frameworks in place -- not only
on the international level through applicable human rights and humanitarian law,
but also through law 387 and penal legislation on the domestic level that
address the physical integrity and human rights situation in Colombia --
perpetrators of human rights violations still act, in many cases, with
impunity. This remains the greatest challenge to the government.
Most displaced persons have been able to stay in Colombia, but some have also
had to flee to Venezuela, Ecuador and Panama. The most unfortunate
characteristic of the displacement crisis in Colombia is that, in many cases,
areas in which the poor live are targeted for economic and political gain by
various actors; it is often the poorest in Colombia who become displaced.
1.2. The Situation of and Programming for Children in
Colombia
The children of Colombia are caught in conflict from all
angles. Similarly to the population over all, one of the greatest threats
is that of violations against their physical integrity. Children are
particularly vulnerable when it comes to attacks on their or their family’s
physical integrity, and these experiences do have tremendous impacts on the
children’s ability for physical and psychological recovery, and social
reintegration, in accordance with Article 39 of the Convention on the Rights of
the Child (CRC). In the psycho-social programmes developed for the
children in affected areas, it is also easy to recognize this impact on the
children, as in their activities they often refer to the violence and tools used
by the human rights violators.
One short-coming, when it comes to the analysis of the
situation of children affected by armed conflict in Colombia, is that few
agencies have continuous presence in the areas where affected populations are
living. For example, while there were scattered reports about child
soldiers and increases in domestic violence due to the armed conflict, very few
organizations have made serious attempts to address these issues. As a
result, the response to the child victim of armed conflict is not carried out in
a holistic way, balancing recuperation with protection. Relief programs targeted
at children’s needs, for example, and psycho-social programs intended to assist
in the recovery from wartime trauma, should be balanced with focused protection
activities, especially considering that the conflict continues to rage. Such
protection activities must be underpinned with a solid field presence to be
effective.
Adopting a child rights-based approach to programming means
looking at the situation of children through the lens of the CRC and addressing
the rights of children in a holistic manner. In practice this means that
in delivering services, organizations must take on a protection role towards the
children. This includes establishing presence in the field and maintaining
regular contacts with all parties to the conflict. The climate in Colombia
may not be ripe for establishing permanent offices in the field, but it is
certainly something that the UN agencies and others must be considering more
seriously in a situation where, ultimately, the rights of civilians can only be
effectively addressed if agencies have a physical presence in the field.
1.3. The Mission to Colombia
The mission to Colombia was the second in a recent series of
missions undertaken with the aim of studying field practices developed in
relation to internal displacement. The first mission took place in August
1998 to Sri Lanka (see report "Mission to Sri Lanka with a view to Develop Field
Practices in Internal Displacement"). Colombia was chosen as one of the
target countries for the broader study due to the complexity of the displaced
persons situation and due to the large number of organizations present and
working for IDPs in the country.
The mission was carried out by James Kunder, IDP Consultant,
and Bo Viktor Nylund, Project Officer/Humanitarian Principles, both working for
the Office of Emergency Programmes in UNICEF, New York. It was carried out
with two particular aims in mind: First, to review UNICEF’s response to and
focus on internal displacement in Colombia and to distil sound field practices
for possible use in other situations; second, to review the programmes of other
UN agencies, international organizations, NGOs and the government, and to distil
field practices to benefit the work of the United Nations as a whole, through
the Inter-Agency Standing Committee Working Group’s involvement with
IDPs.
Unfortunately, the security situation and logistics constraints
in Colombia limited the travel opportunities to areas with displaced
populations. However, a substantial number of good practices were collected, and
a field visit took place to the Uraba region in the northwest of the country
where the mission was able to visit displaced persons and talk to organizations
working with the displaced (a list of contacts is attached). A
bibliography with materials relating to displacement in Colombia is also
included as an attachment to this report.
In the section that follows, field practices addressing
internal displacement are presented with an indication of what organization is
carrying out this practice. The scope of the study did not allow for an
in-depth analysis of the impact of each initiative, but these were practices
that the mission felt would be worth sharing with others seeking to improve the
response to internal displacement.
2. Examples of Sound Field Practice relating to Internally
Displaced Persons (IDPs) in Colombia
Supporting a Local, Non-governmental Research Institute Can
Provide Impartial Data on the Internally Displaced: In the
politically charged environments that often spawn internal displacement,
accurate and impartial data on the numbers and conditions of IDPs can be
difficult to obtain. Moreover, in the words of one UNICEF analyst, "It's
difficult to count individuals who would prefer to flee without being recognized
or identified….all the more so when you ask them why they had to flee and the
name of the place they left."
In Colombia, in order to overcome these difficulties, UNICEF
and other organizations supported a respected Colombian research institute, the
Consultoria para los Derechos Humanos y el Desplazamiento (the Human Rights and
Displacement Consultancy) or CODHES. Despite the strictures noted above,
and at considerable risk from armed critics of their data, CODHES researchers
have compiled useful studies on the numbers and locations of IDPs. In
addition, CODHES surveys have generated important information about the
socio-economic reality of displacement, including the number of women-headed
households, rates of unemployment and types of temporary employment, and IDPs'
expectations of return to their home areas.
CODHES's findings have helped to raise awareness within
Colombian society of the magnitude of the displacement crisis, and have helped
target program responses. In selected cases, international organizations
like UNICEF co-released CODHES reports to increase their impact.
Displacement "Early Warning Systems" Can Alert IDP
Communities and Assist with Contingency Planning: With support from UNICEF,
ECHO and other international organizations, a Colombian research institute has
developed an early warning analytical tool to measure situations with a high
risk of displacement. Using community-level "sentinel sites," the
Consultoria para los Derechos Humanos y el Desplazamiento (the Human Rights and
Displacement Consultancy) or CODHES gathers indicators that suggest increased
likelihood of displacement within a given geographic area. These data are
shared with community leaders, with officials and with organizations working
with the displaced, to generate prevention measures or to spur contingency
planning activities.
This rapid data gathering system has also been used in areas of
reception, immediately after displaced families have arrived, in order to target
emergency relief efforts. The CODHES early warning system has also proved useful
in establishing baselines to measure the effect of program interventions
intended to benefit IDPs.
In Programs to Assist Displacement-Affected Children, Making
Maximum Use of Community Resources: Since internal displacement in Colombia
is often related to violence or the threat of violence, many IDP children -- as
well as adults -- suffer emotional and psychological trauma, along with physical
deprivation. UNICEF's program to meet the psychosocial needs of these
children, a program called "El Retorno de la Alegria" (the Return of Happiness),
is well regarded. A notable strength of El Retorno is its reliance on
participation from within the displaced community, and its emphasis on building
capacity among IDPs.
For example, leaders for therapeutic games and recreational
activities -- an important component of El Retorno -- were recruited from among
the internally displaced, and "production groups" were formed among IDPs to
produce shoulder bags, toys and other program material. Training materials
for El Retorno de la Alegria included a "Volunteer's Manual" that empowered IDP
volunteers by providing basic instruction in early childhood development, and
that continually emphasized the essential role of family and community
structures to the child's well-being. Community volunteers, moreover, were
asked to share their experience and training with other displaced or returnee
communities, enhancing their status and self-esteem. Of particular note,
numbers of displaced teenagers were recruited as leaders of play groups,
providing these adolescents with an important anchor to the community at a time
of considerable stress in their own lives.
Focusing on Displaced Communities with a "Special Dependency
on and Attachment to their Lands; The World Food Programme (WFP) in
Colombia: The Guiding Principles on Internal Displacement (Principle
9) notes that "[S]tates are under a particular obligation to protect against the
displacement of indigenous peoples…and other groups with a special dependency on
and attachment to their lands." Yet, in Colombia, many indigenous families
are among the displaced, usually as a result of entire communities fleeing
violence in ancestral homelands. Even before joining the ranks of the
internally displaced, Colombia's indigenous communities -- composing about 5% of
the rural population -- were at-risk, with per capita income at about 60% of the
national average, with triple the national infant mortality rate, and with 60%
illiteracy.
In response to these facts, and recognizing that displaced
indigenous communities would encounter special difficulties integrating within
urban or semi-urban areas outside their ancestral homelands, the WFP has
targeted its assistance to IDPs from indigenous communities. This
assistance began with the provision of emergency rations -- made up of
traditional, culturally appropriate foodstuffs -- at displacement sites and, in
some cases, while returnee communities were reestablishing themselves. In
late 1998, WFP was planning to expand its assistance to displaced indigenous
communities. The agency was adapting its national plan for poverty
alleviation for indigenous communities (consisting of rural infrastructure
construction, rehabilitation of degraded micro-watersheds, and support for
income-earning activities, including credit access and technical assistance) to
displaced communities. WFP's combination of emergency support and
longer-term community development should strengthen the capacity of indigenous
communities to maintain their unique connection to the land, even when these
communities confront the phenomenon of widespread internal displacement.
The Nature of the Colombian Displacement Crisis Impels a
Regional Approach by the UN High Commissioner for Refugees (UNHCR): In June
of 1997, the Government of Colombia requested UNHCR assistance in favor of IDPs
and the opening of a UNHCR office in Colombia. After key consultations and
the receipt of concurrence by the Secretary-General, UNHCR determined to
establish a limited presence in Bogota. Current UNHCR activities are
intended to enhance the national legal framework for IDPs, as well as provide
technical assistance to national institutions dealing with the displaced.
However, UNHCR's careful analysis of the internal displacement
phenomenon within Colombia, and its cross-border implications, also suggested a
regional approach. UNHCR quickly recognized: (1) that internal
displacement was a very large and growing problem; (2) that, increasingly,
displacement was not a by-product but an objective of the Colombian conflict;
(3) that serious constraints (natural barriers, location of armed factions,
bilateral agreements regulating migration) faced Colombians who might seek
asylum; and, (4) that there were weaknesses in the legal/protection frameworks
in neighboring countries.
Based on this analysis, UNHCR made the decision to reinforce
its presence and activities not only in Colombia, but in Ecuador, Panama and
Venezuela, as well. Although the number of refugees or asylum-seekers does not
yet mirror the size of the Colombian IDP population, UNHCR's contingency
planning and regional approach clearly make sense.
An "Act of Resistance" by the Internally Displaced;
"Communities of Peace:" Several communities in Colombia, caught between
warring factions, have attempted a unique and creative response to the conflict:
they have declared themselves "communities of peace." Communities of peace
have, essentially, opted out of the civil war; their members pledge not to carry
arms, not to participate directly or indirectly in the warfare, and not to
provide information to any of the parties to the conflict. Such a declaration
becomes, in the words of one Colombian NGO, an "act of resistance" by displaced
communities "searching for alternative strategies for survival" in an
environment where the government is unable to provide basic security.
A concern was raised by some organizations regarding the
communities having to give up their freedom of expression. This concern is
important, as individuals should continue to have their right to freely express
their opinion about the conflicts and what is going on. It could be
argued, however, that creating communities of peace in itself is a way for the
civilian population to express its opinion.
Communities of peace, whose members also pledge increased
cooperation in community affairs and production, are encouraged by activists
within the Catholic Church and by some Church-related social agencies.
Community members are issued identity cards indicating their neutrality in the
armed struggle, and communities of peace generally erect signs publicly stating
their chosen course. The strategy has, thus far, generated mixed results
in displaced and returnee communities. Some communities report that
community of peace status has deterred armed incursions, while others continue
to face attacks.
The Presence of Outsiders Provides a Measure of Protection
for Individuals or Communities Threatened with Displacement: In
the Colombian "violence," individuals or entire communities often receive direct
threats that they will be killed or removed. Those receiving warnings face
life-or-death decisions about whether to comply with the threats and join the
legions of displaced, or remain to risk beatings, torture or murder. Often
these decisions must be made with little succour from civil authorities, who
lack the capability or will to provide protection.
Colombian and international organizations, primarily
non-governmental organizations (NGOs), have partially filled this protection gap
by providing volunteers to reside with threatened individuals or within at-risk
communities. The "presence" or "accompaniment" by these volunteers can
deter attacks by combatants who fear outside witnesses. Although
volunteers, especially those from international organizations, have occasionally
been criticized for lacking in-depth knowledge of local culture or political
situations, "presence" has been widely used as a protection tool in the
Colombian conflict and has been widely acclaimed as successful.
Established Field Presence and Widespread Contacts with
Contending Groups Provides Protection: The International Committee of the
Red Cross (ICRC) has made a major commitment to serving as a neutral
intermediary in the Colombian conflict, and a major commitment to providing
protection, under international humanitarian law, to IDPs and other victims of
the fighting. In part, the ICRC has accomplished its work by supplying
emergency assistance to thousands of internally displaced, and by a ceaseless
effort to instruct all parties in the essentials of international humanitarian
law.
In addition, as a practical matter, the ICRC program in
Colombia illustrates how protection activities are built on the foundation of a
major field presence, and on a major investment in ongoing dialogue with
contending parties. The ICRC has established 12 offices and
sub-delegations across Colombia, by far the largest international presence in
the nation. The ICRC reports that the following organizations are among
its regular contacts: civilian authorities; local and international NGOs; the
high command of the Colombian military; every military brigade or division of
the Colombian army; battalions of the anti-guerilla units of the army; the major
self-defense and private security groups; most of the one hundred or so "fronts"
of the rebel Revolutionary Armed Forces of Colombia (FARC) and the rebel
National Liberation Army (ELN); the directors of 150 prisons; numerous
"cabildos" or native population municipalities; all autonomous branches of the
Colombian Red Cross; and, the different strata of the Catholic Church. In
urban areas, these contacts are expanded to numerous militias and youth
gangs. Overall, extensive ongoing representations to this array of
contacts, underpinned by a large field presence, serve as the basis for
protection activities.
"Advance Teams" from Displaced Communities, Supported by
Outside Organizations, Can Assist in the Process of Return: After a
long period of displacement, certain IDP communities in the Uraba region of
northwest Colombia determined to return to their home areas. This decision
was made by the community, after intensive internal discussions about the
security situation and the prospects for resuming lives of relative
normalcy.
Displaced community leaders also decided that it would make
sense for the return process to proceed in stages, with "advance teams" of
several dozen community members -- primarily adult males -- returning to home
villages first. The advance teams would accomplish several important
tasks: complete an assessment of recoverable assets; make preliminary repairs to
homes; attempt to gather any remaining livestock scattered during military
assaults; assess the available of seed stocks in the area; and, begin planting
of essential food crops. After completing these preparatory activities,
advance teams would return to the displacement site to bring remaining community
members to the home area.
Given the security risk of serving on the advance teams,
representatives of international and Colombian organizations accompanied team
members on their return journey and remained with the teams for several weeks as
they accomplished their mission. The presence of these outside
organizations -- which included the International Committee of the Red Cross
(ICRC), international NGOs, and employees of Catholic Church organizations --
were cited by IDP leaders as a major boost to their return plans.
In Returnee Communities, "Mobile Training Facilities" Can
Help Fill Gaps while Educational Infrastructure is Rebuilt:
Returnee communities in the Rio Atrato area of northwest Colombia faced many
critical issues upon arriving in their home areas. For example, families faced
periods of hunger and malnutrition as food supply systems were re-established,
and farmers -- the great majority of returnee heads of household -- were
consumed with accessing seed stocks. In this environment of scarcity, with
ongoing security concerns, community leaders recognized the need to rebuild
schools and resume educational activities, but were unable to devote resources
to the effort during the first months of return. Consequently, many
children languished and lost valuable educational opportunities.
With support from UNICEF and others, this problem was partially
overcome through the intervention of "mobile training facilities."
Students and faculty from the nearest high school, at Rio Sucio, were recruited
to visit outlying returnee communities. Classes conducted by these mobile
training teams, and educational material they distributed, maintained a degree
of continuity in education until regular classroom facilities could be
re-established. In addition, they provided a psychological boost and
symbol of hope to returnee children.
Mobile "Health Brigades" Reach Isolated Returnee Communities
and Communities at Risk of Displacement: Given the generally rural nature of
the conflict in Colombia and problems of insecurity in the countryside, isolated
communities face two types of threats: first, they may face direct attack or
threats from armed groups; second, insecurity limits their essential links with
the outside world, by restricting access to markets, health care and other
important services. Both types of threats enter into the community
calculus of whether to flee and join the ranks of the displaced, and whether,
after return, to remain in the home area.
Mobile "health brigades," supported by the International
Committee of the Red Cross (ICRC), partially address the issue of access to
health services in isolated communities. For example, in both the Caguan
River valley in the south of Colombia and along the Atrato River in the
northwest, ICRC "health boats" ply the waterways to reach communities in regions
of conflict. Provided in cooperation with the Colombian Red Cross and the
Departmental Institute of Health, these health boats remain on the river for
weeks at a time, and have served more than 11,000 patients. In addition to
their humanitarian mission, the availability of these health services may
support community resolve to avoid internal displacement. As of 1998, 22
such brigades had been organized, focusing on the most isolated communities,
beyond the reach of regular health care facilities.
"Play Clean!" Addressing Root Causes of Internal
Displacement by Creatively Promoting Humanitarian Law: Most
observers of the conflict in Colombia note that the violence is directed less
between armed groups, and more by armed groups against civilians. In fact,
the primary cause of internal displacement in Colombia is direct armed attack,
or threat of armed attack, on civilian populations, rather than innocent
populations finding themselves in the crossfire of military-versus-military
operations.
In this milieu, displacement could be significantly reduced if
combatants respected the essential elements of international humanitarian law
(IHL) -- a major goal of the International Committee of the Red Cross (ICRC)
program in Colombia. ICRC's program to promote IHL is notable in its
creative use of material relevant to the interests of combatants in Colombia,
like football. Through the use of posters, training material and
wallet-size summaries of key elements of IHL (written in plain language, and
laminated in order to survive the weather), the ICRC reinforces its "Play
Clean!" campaign by analogy to football matches. Given the intense
interest in football in Colombia, IHL promotional materials display artwork of
football games as an introduction to the rules of warfare. Although
quantitative measurement of the success of this program is difficult, most
observers believe the "Play Clean!" campaign and the use of culturally relevant
symbols to attract the target population -- youthful male combatants -- make
sense.
Displaced Communities Can Be Empowered through Formal
Negotiations with Government Authorities: In the Uraba region of
Colombia, IDPs fleeing violence and seeking shelter in nearby towns initially
encountered official attitudes ranging from indifference to outright
hostility. Local authorities and military commanders at first blocked
their attempts to reach the safe havens the displaced had selected, then
repeatedly pressured them to leave the towns and return to their homes.
Given the insecurity the IDPs felt, return at that time did not seem like a
viable option.
With the support of Colombian Catholic groups and Colombian
NGOs, displaced community leaders organized a series of formal meetings with
government authorities to make known their needs, request assistance and seek
government guarantees before they would consider return. These sessions
took on the character of bilateral negotiations, with formal, written lists of
requirements presented by the IDP communities. In the town of Pavarando,
for example, negotiators for the displaced presented a formal document
containing 16 points related to land titles, security issues and conditions for
return. Such negotiations, which often resulted in a signed "contract"
between IDP leaders and government authorities, both improved the material
conditions of IDPs and gave the displaced communities a sense of control over
their futures.
Practical Training of Government Authorities May Be Required
to Improve Performance on behalf of Internally Displaced
Persons: Many observers believe the Government of Colombia
should have taken earlier and more dramatic steps to meliorate the growing
displacement crisis in that country. In recent years, as the Government
has displayed increasing interest in meeting its responsibilities vis-à-vis its
internally displaced citizens, international efforts are helping to develop more
fully the Colombian legal framework for IDPs, as well as organization of
responsible government agencies.
The Bogota office of the United Nations High Commissioner for
Refugees (UNHCR) has also noted the need for basic, practical, technical
training in managing internal displacement. Recognizing that even well
intentioned government agencies have little preparation for managing large-scale
displacement, staff members from the UNHCR emergency office in Geneva have been
dispatched to conduct training in basic emergency procedures. Among the
topics covered in this training are logistics of displacement, management of
return, and planning for water and sanitation needs.
Visit by the Secretary-General's Representative Is Planned
to Raise Awareness of the Guiding Principles on Internal
Displacement: and public awareness of the
magnitude of internal displacement, as well as the suffering IDPs endure on a
daily basis. At the same time, most international organizations working in
Colombia believe the Guiding Principles on Internal Displacement can provide a
useful reference point for work within the Colombian context.
With these related goals in mind, the U.S. Committee for
Refugees -- an international advocacy organization -- is planning a workshop in
Colombia, which will feature a presentation by the Secretary-General's
Representative on Internally Displaced Persons, Dr. Francis Deng. The
likely publicity surrounding a high-level visit focused on IDPs (Deng has
visited Colombia previously and reported on displacement there; see UN Document
E/CN.4/1995/50/Add.1 of 3 October 1994), combined with the opportunity to
publicize and disseminate the Guiding Principles, make such a workshop an
important advocacy technique on behalf of the internally displaced.
Promotion of "Children as a Zone of Peace" Serves as an
Advocacy Campaign against Violence and Displacement: In numerous
countries facing internal conflict and displacement, UNICEF and other
organizations have organized "days of tranquility" and similar techniques to
permit the delivery of needed services, like vaccinations, to children. In
Colombia, UNICEF and program partners sponsored a large-scale, national effort
to support the peace process through its Children's Mandate for Peace, involving
more than 2.7 million Colombian youth.
The Children's Mandate for Peace effort centered on a national
referendum by Colombia's children, and was organized around a formal voting
process in more than 500 electoral districts. Accompanied by extensive
media coverage and public organization efforts, the ballots cast by young voters
emphasized two points: a vote for peace in Colombia, and a choice of which
guarantee provided in the Convention on the Rights of the Child was most
essential in the Colombian context. The voting process and related
publicity significantly raised awareness of the needs of Colombian children
affected by war and displacement. Moreover, the Children's mandate for
peace had other lasting benefits: it stimulated a legislative debate on
increasing the age for military recruitment in Colombia; it helped stimulate
subsequent advocacy for peace by the adult population; and, it encouraged many
Colombian youth to become active in ongoing peace and social justice
movements.
Passage of National Legislation Addressing Internal
Displacement Can Generate Attention to the Problem and Its Solutions:
After widely criticized delays in acknowledging the dimension of the IDP
issue, the government of Colombia issued a formal strategy document (CONPES
document 2924) in 1997. In July of that year, the government adopted Law
387 formalizing its earlier commitments to the internally displaced, in the
areas of prevention, emergency assistance, and socio-economic
stabilization. Law 387, according to the United Nations High Commissioner
for Refugees (UNHCR) office in Bogota, "provides a definition of IDPs which is
in line with international standards and includes a number of important guiding
principles." Law 387 also addresses coordination among the branches and
levels of government to meet the needs of IDPs.
Law 387 is not without critics. Observers have argued:
(1)that many government officials remain unaware of the law and their
responsibilities under the statute; (2)that it does not address important
justice and human rights concerns; and, (3)that implementation of the law's
guarantees has been spotty. However, the debate around Law 387, and its
eventual passage, helped stimulate awareness within government and public
circles of the displacement issue, as well as awareness of the strategies needed
to address the displacement crisis. Moreover, the law served to commit the
government formally to its obligation vis-à-vis the internally displaced, and
helped to stimulate a cooperative attitude toward international organizations
that might become partners with the government.
"Registration Brigades" Can Help Guarantee IDPs the Right to
a Legal Identity: As in many environments of large-scale displacement,
Colombians forced to flee their homes often encounter problems with
identification documents. Documents are lost, children are born in
circumstances where registration is difficult or, in some cases, fear of being
recognized by persecutors drives displaced individuals to destroy their identity
cards -- at great cost in lost opportunities for jobs or public services.
A cooperative program between UNICEF and Colombian government
agencies, supported by the European Community Humanitarian Office (ECHO),
organizes one-stop registration campaigns that make it easier for IDPs to regain
identity documents. Materials developed by these "registration brigades"
are written clearly, in simple language, and are widely distributed to encourage
participation. Multiple sites are selected for visits by the registration
brigades, to overcome transportation difficulties faced by displaced
families. And, of special note, registration programs were targeted at
border areas -- like the Colombian-Ecuadorian border region -- where temporary
displacement across national boundaries may confuse registration
requirements. In the August to September, 1998 registration campaign, for
example, dozens of registration sites were opened in border areas, and
individuals carrying either Colombian or Ecuadorian citizenship were eligible to
participate at any center, on either side of the frontier.
Careful Analysis of the Dynamics of Displacement Improves
the Timing and Targeting of Program Interventions: Internal
displacement is often a two-stage process in Colombia. First, individuals
or groups flee their home communities to reach a nearby, relatively safe haven,
perhaps the largest town close to their area of origin. Then -- because
services are not available, or because of continued insecurity, or due to
continued threats -- they may move to the relatively anonymity of a poor urban
neighborhood in a large city, there to mix with displaced from various rural
areas and with economic migrants.
Program analysts who have studied this pattern have used their
research to propel more rapid response to internal displacement, during the
initial stage of flight. If resources can be mobilized at the first stage,
research indicates that IDPs may be more likely to maintain supportive ties to
their own communities, and may be more likely to return, eventually, to their
original homes. If, on the other hand, registration and assistance are
delayed until the displaced family decides to flee to a large urban barrio,
effective program design and program targeting become much more difficult.
Analyses by Colombian organizations like CODHES (the Consultoria para los
Derechos Humanos y el Desplazamiento, or the Human Rights and Displacement
Consultancy) have contributed to this enhanced understanding of the pattern of
displacement in Colombia.
National and International Organizations Can Take Concrete
Steps to Improve the Bargaining Power of Displaced Communities:
Organizations working with IDPs in Colombia -- primarily Church-related and
other Colombian NGOs -- have taken concrete and creative steps to empower
displaced communities, and to enhance their capacity to protect IDP
rights. These supportive interventions have included training for
community leaders, programs to heal rifts within communities, and assistance in
uniting scattered IDP communities.
In the Uraba region, for example, NGO and Church workers
promoted an awareness of IDP rights guaranteed under Law 387, and conducted
training in negotiating strategies. These same workers sponsored travel by
IDP community leaders to Bogota to meet with members of the national and
international community, deepening these leaders' capability to argue their
case. Funding was also provided for documenting (in printed publications)
and publicizing the situation of displaced communities. In other
communities, joint action was made difficult by rifts between community members
who supported opposing factions in the armed conflict. In those
communities, NGOs acted as negotiators to bridge differences in political
positions.
In the same region, NGO and Church groups organized joint
meetings of IDP leaders originating in the same area, but whose communities had
been scattered to different displacement sites during their flight.
Despite their shared origin, culture, and experiences of displacement, each of
the scattered communities had initiated a separate dialogue with government
officials where they found themselves, and each scattered group was at a
different stage of negotiations for assistance and return. A joint meeting
among the leaders of dispersed groups of IDPs allowed each to learn from the
others' negotiating experience, and empowered the entire community to act in
unison in the pursuit of their rights.
Programs to Provide Emergency Assistance to Displaced
Communities Benefit by Taking a Holistic Approach: The International
Committee of the Red Cross (ICRC) operates a large-scale emergency assistance
program in Colombia. Emergency assistance includes food parcels, hygiene
kits, mattresses and cooking utensils. Beyond these general supplies, ICRC
emergency assistance attempts to take into account the special needs of
children, pregnant women, lactating women and other sub-groups of the
population. To integrate the relief distribution with principles of
international humanitarian law, employees and volunteers assisting with the
dissemination receive in-depth training in the Geneva Conventions, in
operational procedures regarding security, and in assessing protection needs
within the community. The holistic combination of protection approaches
and emergency assistance -- what one ICRC staff member called "the full basket
of services" -- enhances the impact of relief programs.
Contacts in Colombia
Carel de Rooy UNICEF Bogota
Representative
Jetske Duintjer Medecins Sans Frontieres
Apartado
Leila Lima UNHCR Bogota Head of
Office
Patricia Luna Paredes ICRC Bogota
Advisor on Humanitarian Assistance and Human Rights
Father Leonidas Moreno Commission for Life,
Apartado Director Justice and Peace
Bjorn Pettersson UNHCHR Bogota
Expert
Nidya Quiroz UNICEF Bogota
Program Officer for Peace and Rights
Jorge E. Rojas Rodriguez CODHES (The Human Bogota
Director Rights and Displacement Consultancy)
Patrick Saez ICRC
Apartado
Susana Sanchez Commission for Life, Apartado
Program Officer Justice and Peace
Guillermina Segura de Usera WFP Bogota
Representative
Suggestions for Further Readings on Displacement in
Colombia
Amnesty International, Colombia: Political Violence, Myth
and Reality, London: Amnesty International Publications (1994).
Amnesty International, Colombia : Selected Cases for
Campaigning Against Human Rights Violations (AMR 23/18/98, March
1998).
Amnesty International, 'Just What Do We Have to Do to Stay
Alive?' Colombia's Internally Displaced: Dispossessed and Exiled in Their Own
Land (AMR 23/48/97, October 1997).
Amnesty International, Women in Colombia: Breaking the
Silence. Amnesty International 1995.
Amnesty International - News Release - AMR 23/48/97 1 October
1997 Colombia One Million People Internally Displaced by the Armed
Conflict.
Colombian Committee for Human Rights, Colombia's Exodus,
Summer 1997
Consulta permanente sobre desplazamiento interno en las
Americas, Informe final: misión in situ de asistencia técnica sobre
desplazamiento interno en Colombia, CPDIA, San José (Costa Rica)
1994. Convenio UNICEF, FES y Defensoria del Pueblo.
Impacto de los Conflictos Armados en la Infancia. Memoria de la Consulta para la
region de America Latina y el Caribe. Santafe de Bogota, 1996 Deng, Francis M. Internal Displacement in Context: Themes from Country
Missions, Refugee Policy Group, Geneva 1995 (CDR POP/GEN/179 B) Refworld.
Deng, Francis M. Profiles in Displacement: Colombia, UN
Document E/CN.4/1995/50/Add.1, 3 October 1994.
Forced Migration Projects At the Crossroads Between Uprooted
People and Development in Central America (Gallagher et al, 1990)
CIREFCA.
Human Rights Watch, War without Quarter: Colombia and
International Humanitarian Law, October 1998, Human Rights Watch.
ICRC Special Report, The Role of a Neutral Intermediary in
Colombia 1997-1998, ICRC 1998.
Loughna, Sean, Colombia: A Search for Peace in the Midst of
Conflict, in Forced Migration: Internal Displacement, Issue 1 January-April
1998 pp 15-17.
Obregon, Liliana and Stavropoulou, Maria. In Search of Hope:
The Plight of Displaced Colombians, in The Forsaken People: Case Studies of the
Internally Displaced, edited by Cohen, Roberta and Deng, M. Francis. The
Brookings Institution, USA 1998.
Osorio Perez Flor Edilma, Conflicts for Land and Territory:
An Analysis of Internal Migration in the Rural Areas of Colombia. Refuge,
Vol. 16 no. 6, December 1996.
Peace Brigades International, Bella Cruz: Who Takes Whose
Land? Special Report: May, 1996.
Project Counselling Service, Forced Displacement in
Colombia, Peru, May 1998.
Segura-Escobar, Nora and Donny Meertens. Uprootedness,
Gender and Internal Displacement in Colombia. Beyond Law, Vol 6, Issue 17,
January 1997 pp. 15-34.
US Committee for Refugees, Colombia’s Silent Crisis: One
Million Displaced by Violence,1998 Immigration and Refugee Services of
America.
US Committee for Refugees, Feeding the Tiger: Colombia’s
Internally Displaced People, 1993 Immigration and Refugee Services of
America.
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