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o The Author (2009). Published by Oxford University Press. All rights reserved.For Permissions please email: journals.permissions@oxfordjournals.orgdoi:10.1093/ijri/een038, Advance Access Published onJanuary 7, 2009

From Theory to Practice: Nationaland Regional Applicationof the Guiding Principles

SUSAN CARR*

AbstractThe 1951 Refugee Convention affords protection for those who cross a border, but there isno specific legally binding instrument for internally displaced persons (IDPs). As of Decem-ber 2007, there were an estimated 26 million IDPs in the world. The 1998 Guiding Princi-ples are, in and of themselves, soft law, and they emphasise that the primary responsibilityand duty to provide protection and humanitarian assistance to IDPs lies with the state inwhose jurisdiction they are found. The Guiding Principles are an excellent tool for the de-velopment of national policies and laws on internal displacement. Nevertheless, withouteffective implementation and an independentjudiciary as well as dissemination and aware-ness, these national laws remain pieces of paper that only give the impression that measureshave been taken. If individuals are not provided with effective mechanisms to access theirrights, and if governments do not develop systems to review their effectiveness, then weare little better off than before the national policies were developed. This article willconsider the cases of Colombia, Turkey and Angola to determine the scope of the laws,their concurrence with international principles, as well as their practical effectiveness forthose displaced.

1. IntroductionWar, internal disturbances, natural disasters and economic strife have allbeen the cause of mass displacement of populations since the end of theSecond World War. The 1951 Refugee Convention affords protection forthose who cross a border, but there is no specific legally binding instru-ment for internally displaced persons (IDPs). The inadequacy of thissituation was recognised by former United Nations Secretary GeneralBoutros Boutros-Ghali: 'It is inadmissible that persons who are able tocross a border benefit from the rules of international law while those whohave not been able to leave their country and may be just a few hundredmetres away should remain without protection'.' Furthermore, 'Nationalauthorities have the primary duty and responsibility to provide protection

* BSC Econ, Aberystwyth University; LLM, University of Essex, specialising in Refugee and inter-nal displacement law. Previously worked for the ICRC and Advocacy Forum Nepal, currently workingfor Home for Human Rights, Sri Lanka.

I Former UN Secretary General Boutros Boutros-Ghali, 9Jan. 1996, as quoted in Roberta Cohenand Francis M. Deng, Masses in Flht: The Global Crisis of Internal Displacement (Brookings InstitutionPress, Washington DC, 1998), 126.

National and Regional Application of the Guiding Principles 35and humanitarian assistance to internally displaced persons within theirjurisdiction'. 2 This has meant that the protection of IDPs has remainedlargely unaddressed by the international community, despite the fact thatthey often live in desperate conditions and are the victims of ongoingviolations of their human rights.

As of December 2007, there were an estimated 26 million IDPs in theworld. The largest internal displacement situations are affecting Sudan,Colombia, Iraq, the DRC and Uganda. Of these, 11.3 million remainwithout significant humanitarian assistance from their government and 9.3million are faced with governments that are either hostile or indifferent totheir protection needs.3

The appointment in 1992 of Francis Deng as the UN Representative onInternal Displacement has brought the failings of their protection to theattention of the international community. It has not, however, changed thefact that primary responsibility for their protection remains in the hands ofthe national authorities. However, the development of UN mechanismsand the publication in 1998 of the Guiding Principles on Internal Dis-placement have led to heightened awareness. There has been a vastincrease in the number of national laws and policies setting out protectionregimes specific to internally displaced persons. Prior to the Guiding Prin-ciples, Azerbaijan, Colombia and Georgia had internal displacement laws.Now, over thirteen countries have developed laws or policies relating toIDPs.

The Guiding Principles remain soft law and, as such, are non-binding.However, they explicitly set out in one document the international humanrights obligations that are binding through international treaties and howthese obligations are applicable to situations of internal displacement. Thismeans that the Guiding Principles are an excellent tool for the develop-ment of national policies and laws on internal displacement. In and ofthemselves, they remain of very little legal value, but they remain the singlemost important source of standards for states to implement at the domesticlevel.

Despite these advances, without effective implementation and an inde-pendent judiciary, as well as dissemination and awareness, these nationallaws remain pieces of paper that only give the impression that measureshave been taken. If individuals are not provided with effective mechanismsto access their rights, and if governments do not develop systems to reviewtheir effectiveness, then we are little better off than before the nationalpolicies were developed. To allow these policies to be developed but badly

2 Guiding Principles on Internal Displacement, extract from UN document E/CN.4/1998/53/Add.2, dated II Feb. 1998, Principle 3.

3 Internal Displacement Monitoring Centre (IDMC), Internal Displacent Global Overview of Trendsand Developments in 2007 (Norwegian Refugee Council, Apr. 2008), 6.

36 Susan Carrimplemented permits governments to put up a smoke screen to shield themfrom their responsibility to protect. This article will consider the cases ofColombia, Turkey and Angola to determine the scope of the laws, theirconcurrence with international principles, as well as their practical effec-tiveness for those displaced.

2. Developing national policiesThere have been several methods used to develop national policies oninternal displacement. Countries such as Liberia have adopted the Guid-ing Principles as a whole. 4 However, the Guiding Principles, as theirname indicates, were developed as abstract principles, intended to guidethe development of national policies.5 They were never intended to beimplemented as such. In order for the law to be effective, it is necessaryfor it to set out how it will be applied to a country's specific judicial sys-tem, as well as to develop the framework for effective implementation anddissemination. Although this method means that national policy on inter-nal displacement is in total concurrence with international principles, itdoes not allow for national variations in needs, nor does it provide thepopulation with any ownership of the law, as there is generally no, orvery little, consultation process involved. A law that allows the govern-ment to say that it is in line with international principles can remain, atthe same time, ineffective for the people it purports to protect if it is notsolidly grounded in their needs. The Guiding Principles set out norms;however, they do not set out the implementation and dissemination as-pects necessary for the rules to be applied. For a law to be effective, it isnecessary for it to cover aspects such as institutional responsibility for theeffective implementation and monitoring of each rule. If the law doesnot establish who is responsible within the government to ensure theprovision of access to food and education, for example, it remains impos-sible for IDPs to claim their rights. Further, it makes it more difficult forgovernment institutions to take action on the back of the law if they havenot been provided with a clear mandate so to do.

A second method has been the development of a national policy thatcovers a specific right or that deals with a particular cause of displacement.This is the most widespread system. Used by countries such as Angola andTurkey, these laws tend to have a very well developed implementation sys-tem that addresses the specific needs of individuals affected, as well as set-ting out implementation and dissemination methods. The Turkish 'Law on

4 Jessica Wyndham, A Developing Trend: Laws and Policies on Internal Displacement (Human Rights Brief,Winter 2006).

5 The Brookings Institution, Addressing Internal Displacement: A Ramework for National Responsibiliy(University of Bern Project on Internal Displacement, Apr. 2005).

National and Regional Application of the Guiding Principles 37the Compensation of Damages that Occurred due to Terror and the FightAgainst Terror' addresses the specific problems of restitution and repara-tion set out in Principle 29 of the Guiding Principles6 . This method allowsfor a participatory method of development and implementation and canprovide for ownership of the policy by the affected population. However, itdoes not cover other aspects of protection, such as protection against dis-placement. This leaves vast gaps in the protection regime. Furthermore,Compensation Law 5233 limits compensation and restitution to those dis-placed as a result of terror or the war on terror.

ARTICLE 2: This law regulates the principles and procedures regarding the com-pensation - by way of friendly settlement - of material damages suffered by natu-ral persons and legal entities of private law, as a result of the acts falling underArticles 1, 3 and 4 of the Anti Terror Law no. 3713 or due to the activities con-ducted under the fight against terrorism.

This law does not apply to: [..]

c) The damages compensated in accordance with the final judgment of the ECHRtaken in line with Article 41 of the Convention for the Protection of Human Rights andFundamental Freedoms for violation of the articles of the convention or its addi-tional protocols or the damages paid in accordance with the provisions of theConvention by way of friendly settlement.

d) The damages which occurred due to reasons other than terrorism, such as eco-nomic and social reasons, and the damages which occurred due to displacementof persons on their own will.

e) The damages occurred due to deliberate acts of the persons themselves.1) The damages suffered by persons on account of their act of aiding and abettingin terror incidents or due to crimes falling under Articles 1, 3 and 4 of the AntiTerror Law provided that they have been convicted of such crimes.7

This risks creating a two-tier system, where those who are displaced forreasons not covered by this law will not be able to access compensation,but they could be living side by side with those who can. It is necessary tolook into the risk of this creating resentment between differently displacedpopulations.

Although the Turkish law on restitution for IDPs is well established,there remain significant lacunae in the overall protection of IDPs, such asthe right to protection of family life set out in Principle 17 of the Guiding

6 See, above n. 2, Principle 29.7 Article 2, Compensation Law, The Law on the Compensation of Damages that Occurred due to

Terror and the Fight Against Terror, Law No. 5233, as found in National and Regional Laws Policies onInternal Displacement, compiled by the Brookings Bern Project on Internal Displacement 2006, 215.

38 Susan CarrPrinciples, or protection against arbitrary displacement as set out in Prin-ciple 6. Implementation of these rights could be achieved by reviewingexisting national laws so that they cover aspects specific to internal dis-placement. To achieve a comprehensive set of laws protecting IDPs, it isnot necessary to develop a whole new set of laws. Integrating IDP-specificissues into existing laws can be just as effective as developing a new policy,if not more so, as the framework, implementation, dissemination andaccountability is already established.

A third method of promoting national policies has been the develop-ment of a comprehensive law covering all aspects of internal displacement.The Colombian Law 387 is the law that has come the closest to achievingthis. Published in 1997 and amended in 2005 '[by] means of which provi-sions are issued regarding rationalization of administrative processes andprocedures of the State entities and organizations and those private organ-izations that exercise public functions or provide public services', 8 this lawcovers aspects from the right to not be forcibly displaced, to the right torequest and receive international assistance. It also covers the right to edu-cation and the right to not be discriminated against due to displaced sta-tus.9 Not only does this law provide comprehensive cover for most if not allthe principles set out in the Guiding Principles, it also provides extensiveprovisions for the development of governmental entities responsible for itsimplementation, 'The National Government shall promote the creation ofdepartmental, district, and municipal committees for ComprehensiveAssistance to Populations Displaced by Violence, responsible for providingsupport to and cooperating with the National System for ComprehensiveAssistance to Populations Displaced by Violence, and these shall be madeup of: [...]'.10 Paragraph 3 goes further by stating that 'In those munici-palities or districts where there are displacement situations due to violence,it shall be the obligation of the mayors to call an emergency meeting of themunicipal and district committees for Comprehensive Assistance to Dis-placed Populations. Non-compliance with this provision shall be consid-ered misconduct'. I I In the following articles it sets out institutionalresponsibility and the measures to be taken at each stage of displacement.This law has been extended through twelve subsidiary decrees, such asAgreement No. 59 of 1997 of the National Council for Social Security &Health Declaring Mass Displacement as a Result of Violence a Cata-strophic Event, Decree 173 of 1998 adopting the National Plan for Com-prehensive Assistance to Populations Displaced by Violence, Decree No.

8 Law 387 of 1997 (English), as found in National and Regional Laws Policies on Internal Displace-ment, compiled by the Brookings Bern Project on Internal Displacement 2006, 122.

9 Ibid., Article 2, 123.'0 Ibid., Article 7, 125.1 Ibid.

National and Regional Application of the Guiding Principles 392007 of 2001 Regulating Articles 7, 17, and 19 of Law 387 of 1997 Relat-ing to the Return or Resettlement of Displaced Rural Communities andDecree No. 250 of 2005 Concerning the Adoption of a National Plan forComprehensive Attention to the Population Displaced by Violence. 12 Tak-ing this even further, the Colombian Constitutional Court, following Arti-cles 9313 and 210 of the Constitution, has considered some of these decreesas part of the constitutional block, thereby providing them with an evenstronger status. This law therefore provides not only comprehensive cover,but also the system of implementation that is lacking in the policies thatsimply adopt the Guiding Principles as a whole. Interestingly, this was oneof the laws developed prior to the publication of the Guiding Principles.

These three methods all show similar failings, even at the paper level. Allbut the first method exhibit discrepancies with the Guiding Principles. Onemain failure is the definition of internally displaced. The definition set outin the Guiding Principles as a non-exhaustive description reads 'persons orgroups of persons who have been forced or obliged to flee or leave theirhomes or places of habitual residence, in particular as a result or in order toavoid the effects of armed conflict, situations of generalised violence, viola-tions of human rights or natural or human-made disasters, and who havenot crossed an internationally recognised State border'. 14 The Turkish law,as seen above, limits the protection to those displaced as a result of terror-ism. The Colombian law, developed in the context of an internal conflict,limits its scope to displacement caused by internal conflict, thereby exclud-ing the people displaced alongside those covered by the law. Angola reme-died this discrepancy with the Council of Ministers Decree No. 70/02 in2002.15 It extended the 'Norms on the Resettlement of Internally DisplacedPersons' to cover returning refugees. This reduced the number of laws, clar-ified the situation and reduced the risk of creating tensions between thesegroups, who are often living side by side. However, it creates a tiered systemwithin the country, where those displaced for reasons of natural disaster,although often in just as dire a situation as those displaced by conflict, arenot entitled to the same protection. This can lead to confusion as to entitle-ment as well as to problems of implementation, not to mention the contin-ued violations of human rights for a whole section of the population affordedno protection. Despite these discrepancies with the Guiding Principles, these

12 For a full list and details, see, .

13 'The rights and duties set forth in this Constitution shall be interpreted in accordance with theinternational human rights treaties ratified by Colombia', Article 93, Colombian Constitution..

14 Guiding Principles, 'Paragraph 2: Paragraph 2 is a descriptive identification of the categoryof persons whose needs are the concern of the Guiding Principles. [...] It is important to stress thatparagraph 2 is not a legal definition of internally displaced persons', annotations by Walter Kalin.

15 Council of Ministers Decree No. 79/02 (English), 6 Dec. 2002.

40 Susan Carr

laws show national initiative for the protection of IDPs and recognition oftheir specific protection needs. There may be some areas that need to beimproved, but at least there is now something to improve.

3. Enhancing rightsThere are various methods of enhancing rights. However, for any ofthese methods to be a success, there needs to be effective enforcement ofthe law by the judiciary.

Once again Colombia provides the example. The Colombian Constitu-tional Court has made important rulings in its efforts to implement therights of the internally displaced. This has happened at two levels. The'actione de tutela' is a complaint that any citizen may bring before any judgeto seek an immediate judicial injunction against the actions or omissions ofany public authority. By 2005, there had been 2,211,348 tutela actions.This has allowed decisions to be taken to stop the immediate threats facedby the internally displaced. Furthermore, injudgment T-025/04 the Con-stitutional Court formally declared that the inhumane living conditions ofthe internally displaced needed to be addressed by all competent authori-ties, as 'due to action or omission by the authorities in providing displacedpopulations with optimum and effective protection, thousands of peoplesuffer multiple and continued violations of their human rights'. 16 It furtherruled that these violations were due to deep-seated structural failures. Afterinitial hesitation, the Government has now explicitly committed to abideby this ruling. Going further, the Court declared that the situation of IDPsconstituted an 'unconstitutional state of affairs' due to the systematic fail-ures in the State that did not allow for the implementation of the law.17However, three years after the ruling, the Government had still to takeeffective steps to abide by the ruling. The court, although it has the powerto do so, ruled out the option of taking sanctions for contempt of court andis continuing to order gradual advances. 18 It is therefore apparent that, inthe case of Colombia, the action of the judiciary remains limited by theinaction of the Government. Independent judgments, as the laws they tryto enforce, are only as good as their capacity to have them effectivelyenforced, and this capacity remains sadly lacking in many places.

Turkey has taken a slightly different approach to resolving difficulties withthe effective enforcement of its policies. The enactment, in 2004, of a law todetermine compensation was rapidly followed by reports of inconsistencies.

16 Manuel Jos6 Cepeda-Espinosa, 'How far may Colombia's Constitutional Court go to protectIDP rights?' Forced Migration Review (Brookings-Bern Special Issue). Available online at: .

17 See, above n. 15.18 Ibid.

National and Regional Application of the Guiding Principles 41The Government therefore issued guidelines to standardise guidance andtraining of the commissions. 19 This more hands on approach allows forconsultation with local authorities and IDPs and addresses the specific issuesthat arise during the implementation of a new law. It does not, however,solve all the difficulties that have arisen in Turkey in relation to the protec-tion of the internally displaced, as will be seen later.

Angola is also faced with many problems that have a direct impact onthe protection of internally displaced persons. Municipal courts are func-tioning in only fourteen of the affected municipalities, 20 meaning that theaccess to redress for internally displaced persons is very limited as the com-pliance with the norms and regulations set out by the Government is alsovery limited. Furthermore, between 70 and 90 percent of Angolans lackproof of identity, with more than 70 percent of children under the age offive not being registered. 21 In order to access the courts, it is necessary topresent oneself with proof of identity. As a result, even in areas where thesystem is working, access to it is next to impossible for the majority of inter-nally displaced persons. In the absence of an explicit right to documenta-tion, this poses a serious problem for many people.

The examples above show a wide disparity in the practical applicationof the law. In other countries, with more recent laws, only time will tellwhether the courts have the independence and the will to take steps, suchas those seen in Colombia, to enforce respect by their governments of thelaws and policies that have been developed, or whether they will take theTurkish approach of government-led initiatives to support effective imple-mentation. It is also necessary for these laws and the judicial or govern-mental policies, to seep down to the level of the individual in order to havea positive and effective impact on the enjoyment of human rights.

4. Evaluation of domestic measuresColombia is seen as a prime example of a national law that is in accord-ance with the Guiding Principles. However, in practice the impact ofthis has been restricted. In the past four years alone, over 5 percentof Colombia's population has been deliberately forced into a condition ofdisplacement2 2 as a result of acts by belligerents on both sides of theinternal disturbances. 23 This said, the Government has established a set

19 Internal Displacement Monitoring Centre (IDMC), 'Turkey: Progress on National IDP PolicyPaves Way for Further Reforms', 26 July 2007. Available Online, UNHCR Refworld, at: .

20 See, above n. 3, 52.21 Ibid., 53.22 'Colombia: Displaced and Discarded. The Plight of Internally Displaced Persons in BogotA and

Cartagena', Human Rights Watch, Oct. 2005, vol. 17, no. 4(b), 5.23 There is debate as to the qualification of the situation in Colombia as internal disturbances or

internal conflict. However this debate is not relevant to the question at hand.

42 Susan Carrof rules, in accordance with the Guiding Principles, that appear to beinitiatives aimed at protecting internally displaced persons. As outlinedin Guiding Principle 3,24 Law 38725 entitles displaced families to hu-manitarian assistance. In practice, very few of Colombia's IDPs havebenefited from this law and in many cases it has proved inadequate. Inorder to receive the humanitarian aid provided for by Law 387, it is firstnecessary to register with the authorities, a process that can legally takeup to fifteen working days, but which often takes much longer.26 Duringthis period, IDPs are entitled to and receive no help from the authori-ties. In addition, even after the registration period, it may take up to sixmonths before access to aid is made available. 2 7 Furthermore, the provi-sion of this aid is limited to three months of displacement. 28 Thus, in-stead of providing for immediate relief, the length of the procedure andthe time limits imposed mean that Law 387 is incapable of providingfor the basic needs of many of the IDPs it is supposed to assist. Theprocedures imposed do not take into account the reluctance of manydisplaced persons to register with the authorities, resulting from fear ofdiscrimination and persecution. Additionally, the Colombian govern-ment has also made announcements that access to schools and to thehealth system for displaced persons would be increased. However, ac-cording to the Guiding Principles, the Government has the duty to pro-vide essential medical services and sanitation 29 alongside access to freeand compulsory education at the primary level. 30 Therefore, whilstbeing one of the countries that has gone the furthest in accepting anddeveloping IDP-specific protection regimes, Colombia has not been ableto implement them efficiently and nor have all the provisions been ap-plied with equal status. In 2005, the Colombian Constitutional Courtruled that the measures that had been taken by the Government wereinsufficient, both in terms of resources and institutional will. 3 1 Whilst alack of resources is understandable given the country's circumstances, acall for international help could resolve this. As such, a lack of institu-tional will exists within the Colombian Government and this is in viola-tion of Guiding Principle 3.32

Only four African countries have adopted a policy on internal displace-ment that is in line with the Guiding Principles; Angola is one of them.

24 Guiding Principles, Principle 3.25 See, above n. 20.26 Ibid., 35.27 Ibid.28 Ibid., 36.29 See, above n. 2, Principle 18(b).30 Ibid., no. 23.31 See, above n. 20, 5.32 See, above n. 2, no. 3

National and Regional Application of the Guiding Principles 43Like Colombia, Angola also suffers from a situation where high internaldisplacement levels exist and it too has been seen as taking the initiative inthe application of the Guiding Principles. The problem of internal dis-placement in Angola is striking. Luena, a town of 150,000, has an esti-mated 60,000 IDPs, with people living in crowded camps and underderelict railway carriages. 33 As in Colombia, however, whilst steps havebeen taken, there is an absence of adequate implementation of the poli-cies. 34 Angola's IDPs continue to suffer from harassment and extortion atcheck points, including violence, rape, return outside of the norms, restric-tion of freedom of movement and exclusion from social services andhumanitarian assistance. 35 This is in direct violation of Principles 10, 11,12, 14, 15, 18, 19 and 25 of the Guiding Principles36 and, by implication,also violates other provisions, such as the right to education or politicalparticipation, as these are only obtainable after the minimum requirementsfor survival are adequately provided for. One area of particular concern,along with the lack of identification, is return. Although the Governmenthas issued 'Norms on Resettlement of Displaced Populations', 3 7 these areinadequately implemented, if at all. In September 2004, the Governmentannounced that all 340,000 IDPs should return to their areas of origin andthat camps were no longer necessary. During the resettlement period, only15 percent of the returnees moved within the framework of the govern-mental plan. In addition, only 30 per cent returned to an area where ade-quate living conditions had been established. 38 These practices violateboth the requirement of voluntary return and the right to humanitarianhelp with return; it also violates the right to adequate living conditions. 39

Within Europe, a number of cases have been brought before the Euro-pean Court of Human Rights against Turkey, and the European Conven-tion has been interpreted as applicable to internal displacement. However,the situation in the country remains troublesome. The Government claimsthat conflict has displaced 353,000 people, whilst NGOs and internationalobservers place the figure between 1 and 4.5 million.40 The Government'snon-recognition of the extent of the problem of displacement is worri-some as it impairs aid provision and hinders return.

33 Internal Displacement Global Oveiew of Trends and Developments in 2005 (IDMC, Norwegian RefugeeCouncil, 2006), 64.

34 See, above n. 3, 54.35 Ibid., 52.36 See, above n. 2, Principles 10, 11, 12, 14, 15, 18, 19 and 25.37 See, above n. 20, 105-6.38 See, above n. 5, 106-8.39 See, above n. 2, Principles 14, 15, 18, 28 and 30.40 'Trapped in Displacement, Internally Displaced People in the OSCE area', OSCE Supplemen-

tary Human Dimension Meeting on 'Internally Displaced Persons', Norwegian Refugee Council, Glo-bal IDP Project, Vienna, 4-5 Nov. 2004, 25.

Susan Carr

Although there have been measures taken to facilitate return, there havebeen several elements that continue to impede return. Kongra-Gel, theformer PKK, announced the end of the formal ceasefire in June 2004creating a renewal of insecurity. Return has also been impaired by the vil-lage guard system, established by the Government during the conflict.These guards have persecuted and, in some instances, murdered returningdisplaced persons in addition to occupying their land. Furthermore, and inviolation to the right to property, as well as of Principles 28, (provision ofaid during return), 29 (discrimination after return on basis of displace-ment) and 30 (rapid and unimpeded access for humanitarian organisa-tions) of the Guiding Principles, 4 1 return has also been restricted to thoseable to obtain official permission to do so. 42 There has been additional fearthat the compensation law issued inJuly 2004, allowing those displaced byacts of terrorism to claim compensation from the Government, will not beimplemented in an impartial and independent way.43 Finally, there is con-tinued discrimination in access to education and health care, especially fordisplaced women and children, 44 violating Principles 18, 19 and 23.45

However, since the visit of the UN Secretary-General's Representativeon Internally Displaced Persons, the Turkish government has undertakena number of key initiatives. In August 2005, the Council of Ministersissued 'Measures on the Issue of Internally Displaced Persons and theReturn to Village and Rehabilitation Project in Turkey'. Whilst theseMeasures were only made easily accessible on 15 March 2006,46 therebyreducing NGO's knowledge and evaluation, as well as restricting participa-tion in their development, they do appear to bring solutions to some of theproblems faced by IDPs in Turkey

Under 'Implementation Principles', the Framework Document emphasises thatreturns will be voluntary and will not be dependent on any permission fromauthorities, but states that IDPs should notify the highest administrative authorityin the areas to which they are returning. Complaints about village guards hinder-ing returning IDPs will be handled swiftly and obstacles to return arising fromlandmines will also be addressed. The document also promises sufficient consulta-tion, cooperation and information exchange with NGOs in the implementation,monitoring and assessment process and offers possible support for NGO projectson education, health, agriculture and employment. It also promises transparency

41 See, above n. 2, Principles 28, 29 and 30.42 See, above n. 40.43 Ibid.44 Ibid.45 See, above n. 2, Principles 18, 19 and 23.46 'Overcoming a Legacy of Mistrust: Towards Reconciliation between the State and the Displaced,

update on the implementation of the recommendations made by the UN Secretary-General's Repre-sentative on internally displaced persons following his visit to Turkey', TESEV, NRC and IDMC, May2006.

National and Regional Application of the Guiding Principles 45in policy implementation. The Ministry of Interior (Mol) is designated the chiefcoordinator for the implementation, monitoring and evaluation of policies oninternal displacement. On another positive note, the document promises to ensurethe identification of responsibilities and the limitation of discretionary authorityof government agencies, and to ensure uniformity in that regard.

47

Although this document appears encouraging, it is a framework for thedevelopment of a strategy that has not yet been issued. Only time will tellwhether this new approach to internal displacement will deliver its promises.

Return is not the only issue facing internally displaced persons in TurkeyMany have been displaced for ten years and still face poverty, joblessness,lack of access to education and insufficient access to health care. This isespecially the case of the urban displaced. Some of them have been ableto benefit from national programmes, such as cash transfers for familieswith school children and farm support programmes, however these pro-grammes are not specific to the problems of internally displaced personsand were due to end in 2006 and 2007.48 In May 2007, Turkey adoptedLaw No. 5566 'Amending the Law on Compensation of Damages thatOccurred due to Terror' and in March 2007 it adopted the 'CompensationMatrix' and published the 'Methodology for Compensation Matrix'.

49

This seems to indicate that the Government has realised that the difficul-ties faced by the internally displaced will not end at the cut off dates setand that they will continue to be in need of protection and support. It alsoindicates that the Government has taken into account the problems andfailings of the previous laws and is attempting to resolve the issues thathave arisen. Despite these positive measures, '[s]everal factors continue topose obstacles to return in the areas where original displacement tookplace, including real or perceived security threats to IDPs, landmines and[unexploded ordnance], paucity of aid for returnees and lack of publicand social services in the return areas'. 50 It also remains to be seen how therenewal of the conflict will affect the return of those already displaced,whether it will create a new wave of displacement and how the Govern-ment will deal with the changing circumstances.

5. ConclusionThe Guiding Principles have brought with them both internationalawareness and concern for the plight of the internally displaced. Theyhave also helped to create a wide and varied set of national policies andlaws on internal displacement. These laws and policies are more or less

47 Ibid., 15.48 Ibid., 30.49 Brookings-Bern Project on Internally Displaced Persons, National and Regional Laws and Poli-

cies on Internal Displacement, Nov. 2007.50 See, above n. 46, 30.

46 Susan Carrcomprehensive in the rights that they cover, in the conditions of displace-ment that they recognise and in the provisions for application and dis-semination that they provide. However, governments have so far failed tobring effective implementation of these laws into practice. As has beenseen, despite measures taken by the judiciary and the governments inboth Colombia and Turkey, effective implementation remains lacking.

The judicial decisions in Colombia have failed to have any real impacton the livelihood of those internally displaced and the laws have failed toprevent renewed displacement. Such laws and policies look good on paper,but they all fall at different hurdles. Some fail to cover all situations thatneed specific protection, some fail to plan for implementation of the poli-cies, and some fail due to ineffective judicial systems. It is therefore neces-sary to assist such countries to overcome these problems.

Having considered the effectiveness of these regimes it appears thatthere is still a long way to go for effective improvement for those currentlydisplaced, and those who will be displaced in the future, to be achieved. Itis no longer a question of governments recognising their responsibility toprotect those affected by internal displacement, nor of them recognisingthe specific needs of those internally displaced, this has been widelyachieved. New laws and policies have created a framework for the interna-tional community to work with in order to provide these governments withthe means necessary to achieve effective implementation and dissemina-tion of the laws that they have developed. One step towards achieving thiswas the publication of the manual 'Protecting Internally Displaced Per-sons, A Manual for Law and Policy Makers' in October 2008.51 Amongother things, it sets out a framework to build on, in conjunction with thelaws and policies, in order to ensure their implementation, such as effectivedata collection, training on IDP rights, creation of a national focal pointand effective monitoring. It also sets out the necessity to effectively plan forthe necessary budgetary and human resources.5 2 The Manual also pro-vides check lists of the issues that need to be covered for each stage ofdisplacement. More importantly, it reiterates that it may not be necessaryto develop new laws. One of the first steps should be to identify whetherexisting legislation can be amended by decree, or whether existing lawswould effectively nullify such a decree. Once this has been determined it istime to move forward to draw up amendments, decrees and, where neces-sary, new laws and, finally, constitutional amendments.

However, it is important to remember that each country will need toadapt the guidance provided in the manual to the specific circumstances oftheir judicial system, culture and needs of the displaced population. There

51 Protecting Internally Displaced Persons: A Manual for Law and Policy Makers (The Brookings Institution,Oct. 2008).

52 Ibid.

National and Regional Application of the Guiding Principles 47can be no 'one size fits all' approach to achieve the improved protection ofIDPs. In the future, it will be necessary to assess whether these efforts haveproduced positive results for IDP populations.

On the other hand, it is impossible to say that the past nine years havenot seen vast improvements in the protection against internal displace-ment. The creation of a national policy or law is a definite positive stepforward. Countries that are affected by large scale and long-term internaldisplacement, such as Sudan, Iraq, Kenya, Bosnia and Herzegovina andCyprus, but have so far failed to develop any policy should be encouragedto take steps to protect their populations and to recognise fundamentalrights. With additional support from both the international communityand civil society policies and laws can provide a good base on which aneffective protection system can be constructed.

As seen in the above examples, the development of laws and policiesalone is not sufficient to secure application and respect. One solution couldbe a campaign of public awareness among the populations affected. Byinforming the displaced of their rights it would be possible to create a civilsociety movement to pressurise a government to take further steps towardsfull implementation. A strong civil society can pressurise a governmentfrom inside the country resulting in country specific solutions to the prob-lems faced, whereas international pressure has the tendency to producegeneral rules that are not context adapted, as seen in some cases of theadoption of the Guiding Principles. Furthermore, such a campaign wouldempower the displaced and provide them with a sense of ownership of thelaws that can currently seem alien to them.