Internally Displaced Persons Report

Internally displaced persons and the right to housing and property restitution

Este trabajo no es de mi propiedad, es del siguiente autor:
This essay is not my property, it's of the following author:

Päivi Koskinen

Institute for Human Rights Åbo Akademi March 2005

TABLE OF CONTENTS Abstract Abbreviations 1. Introduction 2. Quest for a definition – who are the internally displaced?2.1 Proposed definitions 2.2 IDP v. Refugee 2.3 State responsibility for IDPs 2.4 Aid and assistance to IDPs 2.5 Displacement as a crime under international law 3. Background to the case studies 3.1 Background to the conflict in Chechnya 3.2 The first Chechen war 3.3 The second Chechen war 3.4 Background to the conflict in Liberia 4. The applicable international legal framework 4.1 Different typesof conflicts as causes for internal displacement 4.1.1 4.1.2 Tensions and disturbances Internal armed conflicts 4 6 7 8 9 11 14 16 17 22 22 23 25 28 32 34 34 35 37 41 41 43 45

4.1.2.1 Common article 3 4.1.2.2 Protocol II 4.1.3 4.2 4.3 International armed conflicts

The Guiding Principles Opinion of the Russian Constitutional Court

1

5. IDPs and specific human rights 5.1 The right tolife 5.1.1 5.1.2 5.1.3 Protection of the right to life – Chechnya Russian Federation and the European Court of Human Rights Protection of the right to life – Liberia

49 49 51 53 55 57 58 59 60 67 70 72 76 78 79 81 82 84 86 87 91 93 95 99

5.2 Non-discrimination 5.2.1 5.2.2 Non-discrimination – Chechnya Non-discrimination – Liberia

5.3 Forced displacement and the right to return 5.3.1 5.3.2Right to return – Chechnya Right to return - Liberia

5.4 The right to housing and property restitution 5.4.1 5.4.2 5.4.3 5.4.4 5.4.5 Grounds for property restitution Right to housing and property restitution - Chechnya Right to housing and property restitution - Liberia Forced evictions Secondary occupiers – an unresolved problem for restitution

6. Women as a special category of internallydisplaced persons 6.1 Gender-specific problems – shift in gender roles 6.2 Sexual abuse 6.2.1 6.2.2 Chechnya and violations against internally displaced women Liberia and violations against internally displaced women

7. IDPs in Chechnya and Liberia – what lies ahead? 8. Conclusions

2

9. Recommendations Bibliography

103 105

3

Abstract

This report examines the situation ofinternally displaced persons in terms of international law, with the right to housing and property restitution as the main concern. This issue is very topical at the moment, as there are over 25 million IDPs in the world today and the number is not decreasing, quite on the contrary. First of all, the definition of an IDP is under examination, it is necessary to begin with studying the distinctivefeatures of internal displacement. IDPs and refugees seem to be two fairly similar categories of persons who need protection; therefore the issue of eventual similarities and differences between IDPs and refugees will be studied. In this connection, the question whether IDPs should have a specific legal status under international law, like refugees have, is considered. The issue of who bears theresponsibility for IDPs leads to the question when does internal displacement qualify as a crime under international law. The third chapter of the report focuses on giving the essential background information related to the case studies of Chechnya in the Russian Federation and Liberia. These countries have been chosen as case studies because the civilian population in both countries has suffered fromlong and violent armed conflicts, which have caused massive displacement. The reasons leading to internal displacement will be discussed and compared.

The fourth chapter discussed the international legal framework in the form of international human rights law and international humanitarian law. In chapter five, the focus will be on some of the most significant rights of IDPs. These rights are...