TRAINING WORKSHOP ON DURABLE SOLUTIONS MODULE 2 DURABLE

TRAINING WORKSHOP ON DURABLE SOLUTIONS

MODULE 2: DURABLE SOLUTIONS LEGAL FOUNDATIONS

LEARNING OBJECTIVES 1. Acquire a better knowledge of the main international, regional, and legal foundations underpinning the concept of durable solutions 2. Assess the national legal environment with regards to durable solutions for IDPs and returnees in Kismayo

RECAP: DURABLE SOLUTIONS – DEFINITION When displaced persons “no longer have any specific assistance and protection needs linked to their displacement and can enjoy their rights without discrimination on account of their displacement”. • Displaced persons’ rights, not only their needs • Displaced persons are to be considered as rights holders and authorities as duty-bearers • Non discrimination at the heart of the durable solutions

WHAT RIGHTS? • International law, including human rights law and humanitarian law – • Table developed by former Special Rapporteur on the Human Rights of IDPs (For IDPs)

DISPLACEMENT AND DURABLE SOLUTIONS LEGAL FOUNDATIONS • 1951 UN Convention and • 1969 OAU Convention REFUGEES • Guiding Principles on Internal Displacement 1998 IDPs • Kampala Convention 2012 IDPs and RETURNEES • The Great Lakes Pact’s protocols 2008 IDPs and RETURNEES PRIMARY RESPONSIBILITY OF NATIONAL AUTHORITIES

3 principles at the centre of settlement processes Voluntariness Freedom of movement Safety Dignity Physical No unconditional return Prohibition of forced return Material Informed decision making Legal At their own pace No manipulation No separation of families

NATIONAL DURABLE SOLUTIONS LEGAL ENVIRONMENTS Ø National laws and policies govern displaced persons’ access to their rights and potential progress toward self-reliance and durable solutions Ø Legal and policy frameworks contribute to the “enabling” environment for the implementation of long term durable solutions programmes ØDurable solutions principles are most effectively applied using a human rights lens: only by respecting general human rights standards durable solutions can be achieved in a voluntary, safe and dignified way Ø National legal frameworks related to the protection and assistance of IDPs and refugees are a key component of the durable solutions environment to be assessed while planning for durable solutions

National Development Plan (2017 - 2019) Overall objective: To reverse the trend of protracted displacement and substantially reduce the number of IDPs in such displacement by facilitating and supporting durable solutions that bring them back into mainstream life and address underlying causes of their displacement and its protractedness. • Strategic objective 1: To protect, respect and ensure the social, economic, cultural, political and civil rights of IDPs and refugee returnees reversing social marginalization and displacement-related discrimination through enhanced governance and rule of law ensuring access to relevant offices and justice mechanisms at district, municipal, state and federal levels. • Strategic objective 2: To create opportunities for IDPs and refugee returnees to participate in public affairs and most importantly in decision-making pertaining to their own future, such as local and urban development processes, and remove obstacles to such participation. • Strategic objective 3: To systematically enhance the absorption capacity of basic services for IDPs and returning refugees, enhance access to affordable housing and land as well as to vocational skill and professional development and facilitate and diversify access to employment sectors and labour market.

NDP Résilience Pillar – Chapter 9 • “Chapter is about moving from a reactive approach to a proactive one…resilience is the will to survive and for a person to claim his/her rights as members of just and equitable society. ” • Priority progress areas of the Chapter: boosting of resilience of the economy to withstand future shocks; acceleration of development via inclusion of youth, displaced, returnees and diaspora; independence of the extremely poor • Thematic areas included: • Durable solutions (reintegration of the displaced and returnees) • Migration (safe management of tahrib and return) • Diaspora (remittances, knowledge transfer and investment) • Disaster management (preparedness and response) • Climate change and environment (natural resource & urban environment) • Social protection (poverty reduction, employment for the youth) • Food and nutrition security

NDP Résilience Pillar – Chapter 9 • A Resilience Pillar Working Group established co-chaired by the Ministry of Humanitarian Affairs and Disaster Management (Mo. HADM), Ministry of Agriculture and an international partner: • 3 sub-working groups also established to contribute to the outcomes of the Resilience Pillar Working Group: • Migration, Displacement and Durable Solutions • Food Security, Nutrition and social protection • Disaster preparedness, environment protection and climate change • The sub-working groups will provide a platform for members to exchange information, communicate key developments in the sector and consolidate information on the sectors to be shared with the main Resilience Pillar Working Group

Somalia National Frameworks related to displacement • DINA/Resilience Recovery Framework (RRF) • framework defines a multi-sectoral approach to prioritizing development and investment interventions • offers a framework for prioritizing operations and financing investments, while further developing government capacity to manage its recovery efforts programmes • National Policy on IDPs and refugees (draft) – NCRI • aims to ensure that all IDPs and refugee returnees enjoy the full equality and obtain the same rights that the National Constitution, all other laws of Somalia as well as international human rights laws gives them as citizens • National Disaster Management Policy – Mo. HADM • Disaster risk management is a collective responsibility and is integrated in the development planning by all sectors in the country • Social Protection Policy - Min of Labor and Social Affairs

ASSESSEMENT OF NATIONAL LEGAL ENVIRONMENT FOR DURABLE SOLUTIONS Right to work Provision of services Freedom of movement Key DS/ development provisions Property Rights