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VISION: A just and humane Philippine society of
persons equal in opportunity, living a life of
dignity, and forever vigilant against abuses
and oppression.
MISSION: As conscience of government and the people, we seek truth in human
rights issues. As beacon of truth, we make people aware of their
rights, and guide government and society towards actions that respect
the rights of all, particularly those who cannot defend themselves—
the disadvantaged, marginalized, and vulnerable.
Human Rights of the
IDPs in Armed
Conflict Context and
Civilian Protection

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Objectives

• To understand basic concepts of International Human

Rights Law and International Humanitarian law;

• To gain knowledge on the basic principles of international

law relevant to humanitarian emergency responses;

• To have a common understanding and definition of “who

are IDPs?”; and

• To highlight ways in which each activity can support IDPs

and other persons of concern in realizing their rights.

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INTERNATIONAL HUMAN
RIGHTS LAW

INTERNATIONAL
HUMANITARIAN LAW
 International
Human Rights Law

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HUMAN RIGHTS, are
generally defined as
those rights which are
inborn in our nature
and without which we
cannot live as human
beings. – United Nations

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HUMAN RIGHTS, in
general terms, are those
inalienable and
fundamental rights
which are essential for
life as human beings. –
An Introduction to PIL by Joaquin Bernas, S.J.

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HUMAN RIGHTS, are the
supreme, inherent and
inalienable rights to life, to
dignity and to self
development. It is the
essence of these rights that
makes man human. –
Commission on Human Rights

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But the common
denominator so far is the
belief that the individual
must be protected and
that the international
community must
contribute to the
protection.
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 Key Human Rights Instruments

The Universal Declaration

of Human Rights
(December 10, 1948)

The International Covenant on

The International Covenant on
Economic, Social & Cultural
Civil and Political Rights (1966)
Rights (1966)

The International Bill of Rights

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 Name Description
Universal Declaration of Worldwide instrument setting out the
Human Rights (UDHR) basic human rights of all persons on
the basis of equality and non-
discrimination
International Covenant on Sets forth a broad of catalogue of civil
Civil and Political Rights and political rights including the
(ICCPR) rights to life, recognition before the
law, political participation, freedom of
movement and choice of residence,
and protection of the family.

International Covenant on Sets out economic, social and cultural

Economic, Social and Cultural guarantees, including the rights to
Rights (ICESCR) adequate food, shelter, clothing,
health care, and adequate standard of
living, and guarantees concerning
work, social welfare, education and
participation in cultural life.
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Can human rights
be restricted?

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 Right to freely move maybe limited
through the imposition of curfews

 The right to freedom of expression,

freedom of assembly and freedom
of association

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Can human rights
be suspended?

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Yes; however, a number of human rights
can never be suspended, whatever the
situation, including in armed conflict.

- The right to life;

- Freedom from torture and cruel,

inhuman and degrading treatment or
punishment;

- The right to due process of law;

- Freedom of religion
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 International
Humanitarian Law

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 International Humanitarian Law
Also known as the “Lawof Armed
Conflict” or the “Law of War”
“A branch of public international
law that consists of rules that, in
times of armed conflict, seek to
protect persons who are not or
no longer directly participating
in the hostilities, and to restrict
means and methods of warfare.”

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Protects persons who do not, or no
longer, take part in hostilities, namely
civilians, prisoners of war, and sick, wounded or
shipwrecked combatants; and
Regulates the method and means of
warfare between parties to a conflict, such as
by prohibiting particularly barbarous weapons
and tactics, including the use of chemical and
biological weapons, military attacks on civilian
targets and indiscriminate attacks that strike
military objects and civilian without
discrimination.
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Attempts to outlaw war:

•Hague Convention II (1907)

•Covenant of the League of Nations (1919)
•Kellog-Briand Pact for the Renunciation of
War (1928)

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Article 2(4) of the UN Charter says: “All
Members shall refrain in their international
relations from the threat or use of force
against the territorial integrity or political
independence of any state, or in any other
manner inconsistent with the Purposes of the
United Nations.”

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International Humanitarian
Law has
TWO BRANCHES:

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The Hague Law
The body of rules establishing the rights and
obligations of belligerents in the conduct of
hostilities, and which limits means and
methods of warfare.

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The Law of Geneva
The body of rules that protects victims of
armed conflict, such as military personnel
who are hors de combat and civilians who are
not or are no longer directly participating in
hostilities.

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One of the most significant developments in
the law of armed conflict was the adoption
in 1949 of the four Geneva Conventions
governing:

GC I – Sick and GC II – Sick and GC III – Prisoners

Wounded in Wounded at Sea of War
Battlefield
AP I – International armed
conflict (1977)
and
AP II – Non-International
armed conflict (1977)
GC IV – Civilians
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International Armed Conflict – occurs
when one or more States resort to the use of
armed force against another State.

Non-International Armed Conflict – an

armed conflict in which hostilities are taking place
between the armed forces of a State and
organized non-State armed groups, or between
such groups.

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What are the Main IHL Rules governing hostilities?

There are 3 basic rules that regulate the way in

which a party to an armed conflict may carry out
military operations. These are:

1. Rules on Distinction;
2. Rules on Proportionality; and
3. Rules on Precautions.

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Rules on Distinction –

The basic rule of distinction requires

that the parties to an armed conflict
distinguish at all times between civilian
persons and civilian objects on the one
hand, and combatants and military
objectives on the other.

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Rules on Proportionality –

A clear military target must not be

attacked if the risk to civilians and
to civilian/non-military property
is larger than the expected
military advantage or result.

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Rules on Precautions –
A party to an armed conflict must take
constant care to spare civilians or
civilian objects when carrying out
military operations. Effective warning
must be given of attacks that may
affect the civilian population.
For example: military objectives must
not, as far as possible, be situated in
the vicinity of civilian populations and
civilian objects; all other necessary
precautions must also be taken.
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How does IHL protect IDPs?
There is however no universal treaty that
specifically addresses the protection needs of
IDPs. IDPs are protected by various bodies of
law, including domestic law, human rights and if
they are in a State involved in armed conflict –
IHL.

The UNGPID is a non-binding instrument of

importance for IDPs. These principles reflect
existing international law and are widely
recognized as providing an international
framework for the protection of IDPs during all
phases of displacement, including return,
resettlement and reintegration.

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How does IHL protect IDPs?
The rules of IHL for the protection of civilians, if
respected, can prevent displacement.

IHL also expressly prohibits compelling civilians

to leave their places of residence unless their
security or imperative military reasons so
demand.

All possible measures must be taken to ensure that

IDPs have satisfactory conditions of shelter,
hygiene, health, and safety, and that members of
the same family are not separated.

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Internally Displaced
Persons (IDPs)

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Who are IDPs?
• Internally Displaced Persons (IDPs) are
person or groups of persons who have
been forced or obliged to flee or to leave
their homes or places of habitual
residence, in particular as a result of or
in order to avoid the effects of armed
conflict, situations of generalized
violence, violations of human rights or
natural or human-made disasters, and
who have not crossed an internationally
recognized State border.

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 Who are IDPs?
IDP definition is a descriptive definition and
describes the factual situation of a person’s
involuntary departure.

The definition also mentions some of the main

causes of internal displacement.

It is not an exclusive list, the phrase “in particular”

means that it does not exclude the possibility that
other situations might meet the two key criteria of
involuntary movement within one’s country.

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• On 16 July 2018, at about 3:00 o’clock
in the afternoon, 215 families with 1,188
individuals fled from 9 communities of
Barangay Diatagon, Lianga, Surigao del
Sur and 51 families from Bolho-on, San
Agustin, Agusan del Sur, due to the
establishment of military detachment in
their respective community.

• They sought sanctuary at the Diatagon

Gymnasium.

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There appears to be a confusion of who are IDPs,
considering that there was no actual armed
conflict or man-made disaster which caused their
displacement.

For the reason that there was no disaster, disaster

funds are likewise inaccessible.

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 Human Rights Advisory
On who are Internally Displaced
Persons (IDPs)
CHR Caraga 2018-002

30 July 2018

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 Refugee vs. IDP
Refugee IDP
Crossed the Remains within his/her
internationally own country
recognized state border

Lost the protection of Own country still

his/her country responsible for his/her
protection

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WHY ARE IDPs ESPECIALLY
VULNERABLE?
THREATS TO FUNDAMENTAL HUMAN
RIGHTS AND FREEDOMS

LIMITED ENJOYMENT OF OTHER

RIGHTS AND BASIC SERVICES

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 THREATS TO FUNDAMENTAL HUMAN RIGHTS AND
FREEDOMS:

1. Forced displacement
2. Threat to life, safety and security
3. Landmines and explosives remnants of war
4. Gender-based violence
5. Children associated with armed forces or armed groups
6. Threat to liberty and freedom of movement
7. Family separation
8. Human trafficking

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 LIMITED ENJOYMENT OF OTHER RIGHTS AND BASIC
SERVICES:

1. Shelter
2. Food aid and nutrition
3. Water and Sanitation
4. Health
5. HIV prevention and treatment
6. Education
7. Livelihood
8. Land and property
9. Justice
10. Political participation and the right to vote

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Helping to restore the balance,
promoting respect for rights,
protecting the most vulnerable.

PROTECTION IN
EMERGENCIES
The right to life with dignity
What is Protection?
“All activities aimed at ensuring respect
for the rights of the individual in
accordance with the letter and the
spirit of relevant bodies of law,
including international human rights,
humanitarian, and refugee laws.”

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 Protection can be seen as:

• An objective

• A legal responsibility

• An activity

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Protection is an:

• Objective which requires full and

equal respect for the right of all
individuals, without discrimination, as
provided for in national and
international law.

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Protection is a:

• Legal responsibility, principally

of the State and its agents. In situations
of armed conflict, that responsibility
extends to all parties to the conflict
under international humanitarian law,
including armed opposition groups.

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Protection is an:

• activity because action must be taken

to ensure the enjoyment of rights.

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There are 3 types of
protection activities that can
be carried out concurrently:

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 Protection Activities

RESPONSIVE ENVIRONMENT
REMEDIAL
VIOLATION BUILDING
ABUSE

• Responsive - to prevent or stop violations of rights;

• Remedial – to ensure a remedy to violations, including through
access to justice and reparations; or
• Environment-building – to promote respect for rights and the rule
of law.

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 Protection issues
• Lack of safety and security (e.g. rampant crime);
• Gender-based violence;
• Unequal access to assistance, basic goods and
services and discrimination in aid provision;
• Abuse, neglect and exploitation of children
• Family separation, particularly for children,
older persons, persons with disabilities and other
individuals who may rely on family support for
their survival;
• Loss/destruction of personal documentation and
difficulties to replace it;

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 Protection requires working with all relevant
stakeholders, including populations at risk,
communities and the authorities, to:

- Prevent violations of rights from occurring or

recurring;
- Stop ongoing violations;
- Provide remedies, through reparation, if
violations have occurred; and
- Restore respect for the rights of women, men,
girls and boys in accordance with the law.

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What is “Protection” in a response?
Effective field-based protection strategies are built
around 3 common and inter-connected approaches:

1. Protection must be rights-based (a rights-based

approach);

2. Individuals and communities are active and equal

partners in protection (a community-based approach);

3. Protection promotes full and equal respect for the

human rights of all individuals, without discrimination
of any kind. (age, gender diversity mainstreaming)
 Rights-based Approach:

Rights-based approach means that all of our

policies. Programmes and activities:

- are based on rights, as provided in the law;

- further the realization of rights;
- Seek to strengthen the capacities of rights-
holders (women, men, girls, and boys) to claim
their rights, and the capacities of the duty-
bearers (State) to meet their obligations to
respect, protect and fulfil those rights.
 Community-based Approach:

A community-based approach is a way of

working that:

- ensures that women, men, girls and boys of all

ages are regarded and engaged as active
partners in all aspects of our work;
- recognizes their capacities and resources; and
- Mobilizes and builds on the capacities of
communities to enhance their own protection.
Age, Gender Diversity Mainstreaming:

This requires that we ensure our strategies,

programmes and activities do not inadvertently
lead to or discriminate different groups but,
rather, promote equality and rights for all.
ACTIVITIES
&
TOOLS
FOR PROTECTION
 Overview:

The humanitarian response to

situations of armed conflict involves a
protection and assistance activities.
The way in which humanitarian actors
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plan, implement or combine these

activities may have a vital impact on
the situation of the civilian
population.
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 What is profiling and
why profile internally
displaced persons?
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 Profiling IDPs is a collaborative
process in which data on individuals
or groups who have been internally
displaced is collected, with the
purpose of informing advocacy on
their behalf, improving protection
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and assistance interventions and,

ultimately, finding a durable
solution to displacement.

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 Data gathering is important for a better
understanding of an IDP situation and
for ensuring the improved planning of
protection and assistance programmes,
including finding durable solutions for
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displaced persons. Profiling IDPs can
reveal vulnerable individuals and
groups and enable better targeting and
designs of programmes to assist and
protect them.
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 At a minimum, core data includes the
number of IDPs disaggregated by age and
gender, and their location(s). However, IDP
profiling is not only about numbers.
Additional information may include, but is
not limited to, the following: the cause(s) of
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displacement; the patterns of displacement;

protection concerns; key humanitarian
needs; and possible solutions for the group
or individual concerned.

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 Profiling may overlap with needs assessments, but
they are different.

A needs assessment is intended to gather and

analyse a data in order to obtain a comprehensive
overview of humanitarian needs and protection
concerns. Profiling, on the other hand, is primarily
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intended to identify the number and location of

IDPs among other population groups, although
information about urgent needs can be gathered
as well. Profiling and needs assessments are
different but complementary exercises that can be
carried out in tandem, if appropriate and desired.

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 Most practical and widely used profiling
methodologies, including both
quantitative
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(numerical) and
qualitative (non-numerical) methods:

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 Quantitative Methods:

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 Desk Review – involves the assessment and
analysis of existing data from all available
sources. It provides important background
information and helps to assess what further
data is needed. It can include a review of
various types of data, such as statistics,
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reports, evaluations, news reports,

governmental registers, information provided
by CSOs and so forth.

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 Rapid Population Estimates – such methods are suitable for
estimating the numbers of population in a short period of time.
Key methods are:

• Area survey using aerial/satellite imaging is used to gain a

picture of an ongoing movement, to estimate numbers, or to see
from what people are fleeing and to where they are moving.

• Flow
chrcaaga monitoring entails counting people as they pass a given
point (crossroads, bridges, mountain passes, etc.) This approach
is useful when estimating numbers during mass movement.

• Dwelling count involves counting the number of houses in a

given area to obtain an estimate of the number of the people in
that area.

• Head count involves counting the number of people settled in a

given area.

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 Surveys – involves the collection of data on a sample
or part of the general population and, then,
generalizing the results. This approach can be used at
both the household and the individual levels.

Registration – The primary goal of registration is to

establish the identity of persons through detailed data
collection at the individual or household level.
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Population census – Censuses are usually conducted

by national governments every (3) years. A census
covers the entire population of a country and, in
addition to individual data, gathers a set of relevant
socio-economic data.

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 Qualitative Methods:

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 Interviews

Focus Group Discussions – FGDs are structured

discussions, using the same set of questions, with
different groups within the population. It involves
separate discussions with women and men, of
different ages, and diverse backgrounds. They are
helpful to gain a better understanding of people, their
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concerns and capacities, and to help ensure that the
information collected represents the views of all the
different groups within the community.

Key Informant Interviews – KIIs are usually

conducted with a small number of pre-selected
individuals who may hold relevant information.

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 Regardless of the methodology chosen certain
common protection standards must be taken into
account and applied:

• Support the role of the national authorities – the

primary responsibility for providing protection and
assistance to displaced persons and other affected
communities lies with the national authorities.
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Consideration, however, may apply in cases where the

authorities are unable or unwilling to provide
protection and assistance, or where the information
collected might put the displaced community at risk.

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 • Ensure IDP/host community participation – Both
the displaced and the host community should be
consulted in order to ensure that their views o
concerns are accurately reflected.

Consider in advance how the profiling will be

perceived by the IDP community, the local
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community, local authorities and other actors, and
take action to minimize any risk of tension,
discrimination or stigma arising against the IDP
community.

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 • Reach common objectives with partners - Ensure that all
partners agree on the purpose of the profiling and the procedures
and that the targeted results is improved protection of, and/or
assistance to, the relevant population.

• Respect privacy and seek informed consent – Always seek

informed consent from individuals on the collection, registration
and use of data. Some IDPs may prefer to remain anonymous
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and not be identified as being displaced, either for reasons of
privacy or because of a fear of discrimination or forms of
violence, including arrest and detention.

• Protect confidentiality – The safety and best interests of IDPs

must be a paramount consideration at all times. Ensure that all
staff who collected and process personal data are fully informed
of the duty to respect confidentiality.

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 • Profile our team members – Detailed interviewing of
victims/survivors of human rights abuses should
never be undertaken by those undertaking profiling.

• Keep in mind “invisible” IDPs – While some IDPs

may seek safety in camps, others may seek shelter
with friends, family members of host families.
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• Ensure data is gathered according to age and gender

– effort to obtain an information specific to men,
women, children to minimize the possibility of
overlooking specific needs related to age and gender.

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 Follow us on:

CHR Caraga Region

chrcaraga
chrcaraga

Hotline # 0917-126-1821 (Globe)

0938-242-0817 (Smart)

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