Rights of Internally Displaced Children
Rights of Internally Displaced Children
Original: English
Seventy-fourth session
Item 72 (b) of the provisional agenda*
Promotion and protection of human rights: human
rights questions, including alternative approaches for
improving the effective enjoyment of human rights and
fundamental freedoms
The Secretary-General has the honour to transmit to the General Assembly the
report of the Special Rapporteur on the human rights of internally displaced persons,
Cecilia Jimenez-Damary, submitted in accordance with General Assembly resolution
72/182 and Human Rights Council resolution 41/15.
__________________
* A/74/150.
Summary
The Secretary-General has the honour to transmit to the General Assembly the
report of the Special Rapporteur on the human rights of internally displaced persons,
Cecilia Jimenez-Damary, submitted in accordance with General Assembly resolution
72/182 and Human Rights Council resolution 41/15.
In the present report, the Special Rapporteur seeks to highlight the situation of
internally displaced children who are suffering and dying because of the lack of rapid
and appropriate responses to their specific needs and protection concerns and the lack
of capacity and resources to fill protection gaps on the part of humanitarian actors. She
calls for renewed attention on improving the protection of internally displace d
children, with a focus on concrete outcomes.
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1
A child is defined by the Convention on the Rights of the Child as every human being below the
age of 18 years unless under the law applicable to the child, majority is attained earlier.
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5. The present report builds on the paper entitled “The rights and guarantees of
internally displaced children in armed conflict”. 2 It also benefited from extensive
consultations with other partners, including the Office of the Special Representative
of the Secretary-General on Violence against Children and experts from the Child
Protection Area of Responsibility, the Committee on the Rights of the Child, the
International Committee of the Red Cross (ICRC), the International Organization for
Migration (IOM), the Joint Internally Displaced Person Profiling Service, the Office
of the United Nations High Commissioner for Refugees (UNHCR), the United
Nations Children’s Fund (UNICEF), the Office for the Coordination of Humanitarian
Affairs, the Global Protection Cluster, the Alliance for Child Protection in
Humanitarian Assistance and non-governmental organizations, including through
their participation in an expert meeting held in Geneva in March and in a side event
in June during the forty-first session of the Human Rights Council, and written
feedback. The Special Rapporteur would like to thank all who contributed, including
Member States and in particular internally displaced children themselves, for sharing
their views.
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13. At the national level, several countries 3 have developed laws, policies or
strategies relating to internal displacement, which include provisions to address the
particular needs and rights of internally displaced children.
14. Internal displacement often threatens the physical, mental and social aspects of
a child’s life, which can be broadly referred to as a child’s well-being or best interests.
The Convention on the Rights of the Child clearly states that in all actions concernin g
children, whether undertaken by public or private institutions, courts of law or
legislative bodies, the best interests of the child shall be a primary consideration. This
concept is particularly relevant when considering the care and safety of the most
vulnerable internally displaced children. 4
15. In order to implement the best interests principle in displacement -related
procedures, guidelines have been developed by UNHCR in coordination with
UNICEF, ICRC, the Committee on the Rights of the Child and se veral
non-governmental partners. 5 Although States have the primary responsibility for
determining a child’s best interests, the guidelines highlight the situations in which
such determination is required and the need for procedures for determining best
interests, whether carried out by Governments, UNHCR or partners, to be integrated
into broader child protection systems, especially national child protection systems,
rather than established as parallel structures.
16. The assessment of best interests must include respect for children’s right to
express their views freely, with due consideration given to those views in all matters
affecting the children, according to their age and level of maturity. The concept of
“participation” is widely used to describe such ongoing processes as information-
sharing and dialogue between children and adults based on mutual respect
(CRC/C/GC/12, para. 3).
17. While there is greater understanding of the need to give children and youth a
voice and to support their empowerment and resilience, as well as increased
appreciation for the unique agency of children and young people, little is happening
in practice to ensure their meaningful participation in decisions that affect them. The
Special Rapporteur and others have called for a “participation revolution” (A/72/202,
para. 42) and urged participatory approaches to ensure the full inclusion of internally
displaced children and young people at all times in the planning and management of
durable solutions 6 and the development of local strategies for recovery and
reintegration and for peace processes (A/HRC/39/28, para. 60). All actors, including
the internally displaced children themselves, should understand that children not only
have much of value to contribute but that they also have the right to contribute.
Displaced children should be encouraged and enabled to participate in analysing their
situations and future prospects. Their participation helps them to regain control over
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3
Afghanistan, Angola, Azerbaijan, Bangladesh, Bosnia and Herzegovina, Burundi, Colombia,
Georgia, Iraq, Kenya, Liberia, Mali, Mexico (Chiapas), Montenegro, Nepal, Peru, Sri Lanka,
Ukraine, Vanuatu, Yemen and Zambia. See: [Link]
database-on-idp-laws-and-policies/.
4
Office of the Special Representative of the Secretary-General for Children and Armed Conflict,
2010.
5
UNHCR, “Guidelines on assessing and determining the best interests of the child: 2018
provisional release”.
6
For example, participation of “go and see” visits; see Office of the Special Representative of the
Secretary-General for Children and Armed Conflict, 2010.
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their lives, contributes to their rehabilitation, develops their organizational skills and
strengthens their sense of identity.
18. Numerous pragmatic, ethical and sociocultural barriers to children’s
participation exist, however. In humanitarian situations, the participation of displaced
children is rarely prioritized for a variety of practical reasons, which are compounded
by prevailing traditions and sociocultural attitud es that may not be conducive to
children’s participation. The value of listening to children’s priorities and opinions
may not be entrenched in the society concerned, and humanitarian response staff may
not be adequately trained regarding the right of children to participate. 7 Feedback
mechanisms too often focus on adults and material aid.
19. Nonetheless, there are efforts on the part of various agencies to set up more
child-friendly feedback mechanisms that allow children’s voices to be heard. 8 Plan
International, for example, has trained youth reporters to report on issues affecting
children. 9
20. It is important to note that when deciding whether and in what format to involve
internally displaced children in decision-making, the principles of doing no harm and
considering the best interests of the child should be applied consistently. Internally
displaced children may avoid speaking up because of the fear of stigma, trauma or
perceived consequences for themselves and their families. For some displac ed
children, threats or abuse may exist within host communities, or even in their own
families. Safety, security and risk implications must always be taken into account
when encouraging children to speak. 10
21. Participatory processes involving children, be they consultative, collaborative
or child-led, must comply with certain basic requirements. Children’s participation
should be safe, transparent, informative, voluntary, respectful, child -friendly and
inclusive. Children’s participation should always be aimed at reaching and including
the most marginalized groups of children, including adolescent girls, children with
disabilities and those belonging to minorities. Adequate care should be taken to ensure
that boys and girls are equally included and that various age groups, socioeconomic
and ethnic backgrounds are represented. For example, World Vision International
developed an interactive methodology that works within a child protection and “do
no harm” approach, engaging children to discuss challenges and threats associated
with forced displacement and identifying and mapping child -led solutions linked to
national, regional and global processes. It is vital that youth leaders be identified and
that safe spaces for young people be established.
22. Much can be learned from successful efforts to better engage and empower
women and girls. In many displacement contexts, for example, safe spaces for women
and girls are perhaps the first areas available to them after stepping out of the home
that are conducive to their participation and where they are listened to as individuals;
those spaces also provide linkages to other participation structures in a community. 11
In the same way, child-friendly spaces are conducive to children’s well-being and
participation in the community, as the children tend to come together on a regular
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7
Save the Children, “Guidelines for children’s participation in humanitarian programming”
(London, 2013).
8
Anna Wood, Interagency Study on Child-Friendly Feedback and Complaint Mechanisms Within
NGO Programmes (Educo Plan International, Save the Children UK, War Child UK and World
Vision International, 2015).
9
Plan International, Child-Friendly Feedback Mechanisms: Guide and Toolkit (United Kingdom,
2018).
10
Save the Children, 2013.
11
UNHCR, “Tearing Down the Walls: Confronting the Barriers to Internally Displaced Women and
Girls’ Participation in Humanitarian Settings” (2019).
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basis with staff and volunteers trained to work with them. It is critical to note,
however, which children have access to them and which do not.
23. While valuable child participation tools are already available, 12 securing the
participation of internally displaced children requires that such participation be
clearly mandated and that governments and the international community take a clear
directional approach, with adequate resources, in progr amming and policy
development. Consequently, taking into consideration specific challenges, risks and
barriers to the participation of children, every effort should be made to provide
children and youth with meaningful opportunities to express themselves, reveal their
needs or protection concerns and contribute to their families and communities.
24. Data on internally displaced children are collected by different actors for various
purposes. Sources of data can vary significantly depending on country or context and
may include those managed by governments and humanitarian and development
actors. For the purpose of official national statistics, the main data sources include
population censuses, listings, general or internally displaced person-specific sample
surveys and administrative registers. 13
25. Multi-indicator cluster surveys are the largest source of statistically sound and
internationally comparable data on women and children worldwide, although the data
collected through them rarely are disaggregated by displacement status. The
disaggregation of data in this way in countries affected by internal displacement
would represent a significant opportunity to increase the visibility and understanding
of the ways in which internal displacement affects children and to facilitate
monitoring of the situation of internally displaced children in comparison with
non-displaced children. Such data could also furnish critical information on displaced
children for inclusion in relevant policy initiatives, with a view to improving the
situation of all children and supporting States’ reporting on progress towards the
achievement of the Sustainable Development Goals for this specific group.
26. The Expert Group on Refugee and Internally Displaced Persons Statistics is
working under the auspices of the Statistical Commission to develop international
recommendations, including guidance for national statistical authorities and United
Nations entities, on improving the quality of officia l statistics on forcibly displaced
populations and on the disaggregation of existing data, including those emanating
from multi-indicator cluster surveys.
27. The evidence base relating to internally displaced persons in conflict situations
is derived primarily from humanitarian operational data collected from various
sources to inform strategic decision-making and programming, including better
targeting of protection and assistance. Different methodologies, such as needs
assessments, population movement tracking systems and protection monitoring,
cover child-specific issues as well. Often, however, data are not adequately
disaggregated by age group, thus limiting their usefulness.
28. Profiling is another collaborative data collection and analysis process used by
governments and humanitarian and development partners that provides disaggregated
data about displacement situations 14 and offers a comparative analysis between
displaced and non-displaced age-disaggregated data on key indicators. In urban
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12
Save the Children, 2013.
13
European Union and United Nations, Technical Report on Statistics of Internally Displaced
Persons: Current Practice and Recommendations for Improvement (Luxembourg, 2018).
14
See, e.g., [Link]
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contexts, it can be a useful methodology for identifying the specific needs and
capacities of internally displaced persons in order to inform area -based approaches. 15
Moreover, an evidence-based understanding of how displacement affects children and
how child protection issues affecting displaced children can be more effectively
prevented or addressed remains necessary.
29. While disaggregated quantitative data are vital, and even when operational data
are disaggregated to the extent possible by age, sex and other fa ctors, most data are
collected from heads of household or community leaders and therefore, more often
than not, portray children through an adult lens. While this can be sufficient for certain
purposes (e.g. enrolment rates), direct engagement with childre n is necessary for
understanding their experiences and perspectives (e.g. experience of discrimination
or future intentions regarding durable solutions).
30. Qualitative data collection methods, therefore, bring much added value through
participatory processes and tools, but still represent the exception rather than the rule.
For example, War Child invited internally displaced children and youth in South
Sudan to participate in group discussions on their perceived protection issues and key
needs. Save the Children in Iraq and Yemen worked with displaced adolescent girls
and boys using methods such as forum theatre to explore their experiences of conflict.
Those methods allowed children to voice their views and propose their own solutions
in an age-appropriate way, on their own terms. 16 With adolescent girls, the Women’s
Refugee Commission has successfully used a participatory ranking methodology, the
results of which informed safe space content with operational partners in Iraq, Mali,
the Niger and South Sudan. ICRC has carried out community-based protection
workshops in different armed conflict settings to enable communities to take an active
role in the analysis and design of responses aimed at improving their situation, for
example, in Nigeria and South Sudan. A government-led profiling exercise in the
general context of displacement due to violence in Honduras included a participatory
assessment workshop with young people exploring gender-based violence and the
forced recruitment of children, which often leads to the displacement of households.
Safety and security were perceived differently by children and adults, where children
disagreed with adults’ assessment that things had gotten better over time. 17
31. Those examples show that while the disaggregation of quantitative data on age,
gender and diversity is important, it is not sufficient. Despite the many challenges
that collecting data from children and adolescents involves, increased effort must be
made to use qualitative data collection methods and to integrate the meaningful
participation of internally displaced children in processes where appropriate and
feasible. This should be done through enhanced collaboration between child
protection experts and collectors of data.
32. The Security Council, in its resolution 1612 (2005), established the monitoring
and reporting mechanism mandating the systematic gathering of information on six
grave violations 18 committed against children in situations of armed conflict. The data
collected under the mechanism are not disaggregated by the displacement status of
children subjected to grave violations, however, the adoption of a flexible approach
to the monitoring of other child protection concerns that are not necess arily reported
to the Council was identified as an example of good practice, as it helps to enhance
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15
Global Alliance for Urban Crises, “Urban profiling for better responses to humanitarian crises ”
(2019).
16
Save the Children, “I wish tomorrow will not come: adolescents and the impact of conflict on
their experiences: an exploratory study in Iraq, Egypt, Jordan and Yemen ” (2019).
17
See [Link]/jips-country/honduras/.
18
Recruitment and use of children by armed forces or armed groups, killing and maiming, rape and
other forms of sexual violence, abductions, attacks on schools and hospitals and the denial of
humanitarian access.
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the local relevance of monitoring. As a result, analysis of the link between forced
displacement and specific grave violations has been enhanced, for exampl e, in the
case of Colombia. 19
33. As demonstrated, data on internally displaced children do exist, but they are
neither collected systematically nor consolidated. Moreover, given the need to
prioritize analysis, including the analysis of comparative data o n displaced versus
non-displaced populations, final results often omit data related to internally displaced
children. Unfortunately, because of limited data-sharing practices, it is not always
possible to access those data even when they do exist, which li mits their use in the
formulation of child-sensitive strategies for and responses to displacement.
34. Child protection refers to all efforts to prevent and respond to violence,
exploitation, abuse and neglect against children during and after displacement caused
by conflict and generalized violence. Governments have the primary responsibility
for ensuring that internally displaced boys and girls are protected at all times and that
services and assistance are available to them at the national and local levels,
especially during conflict situations. The prevention of and response to violations
against children must go hand-in-hand, and the life-saving aspects of child protection
need to be prioritized by all actors, including through the establishment of and
provision of support to child protection systems. The Minimum Standards for Child
Protection in Humanitarian Action constitute an essential inter-agency reference tool
in this sector.
35. When internal displacement occurs, family and community structures are likely
to break down and traditional institutions tend to disintegrate, placing displaced
children at greater risk of various forms of exploitation, abuse and neglect. This
includes exposing them to such dangers as mines and other unexploded ordnance, the
threat of violence and death and severe physical and mental trauma. Displacement
affects all aspects of the lives, development and well-being of children, who are
facing such issues as family separation, arbitrary detention, trafficking, child labour
and sexual violence. Girls and young women are at greater risk of serious sexual
assault, abduction, rape, early and forced marriage and murder, while boys are more
at risk of recruitment, exploitation and violence. Separated, orphaned and
unaccompanied children are more likely to face neglect, abuse and forced, dangerous
or exploitative forms of labour. In some urban centres, an increase in street children
has also been noted after displacement. Internally displaced children often endure
malnutrition and ill health. Instead of being safe places, camps and settlements for
internally displaced persons may come under attack, be caught in crossfire or be
places of recruitment, with boys in particular being coerced into joining parties to
conflict, including in exchange for money, food or protection. Poverty and hunger
among internally displaced persons may lead to families adopting harmful coping
mechanisms to survive, such as sending children to beg or work rather than to school
or exposing them to risks of exploitation or trafficking. There is also an immediate
risk of domestic abuse and exploitation. In protrac ted displacement situations,
families’ lack of hope can lead to abuse within the family. Protracted displacement
situations may also lead over time to the depletion of resources, putting additional
pressure on families and increasing protection risks for c hildren.
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19
Office of the Special Representative of the Secretary-General for Children and Armed Conflict,
United Nations Children’s Fund and United Nations Department of Peacekeeping Operations,
Global Good Practices Study: Monitoring and Reporting Mechanism (MRM) on Grave Violat ions
against Children in Situations of Armed Conflict (2012).
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36. Displacement is a process of loss, and internally displaced children lose the
protective environment around them. Strengthening child protection systems requires
national and local solutions that fully respect the rights of children and put th eir best
interests at the heart of decisions. Effective prevention, response and accountability
approaches should reach children in the most challenging contexts. Good practices
include safe and child-friendly counselling, complaint, reporting and accountability
mechanisms.
37. Protected safe places for internally displaced children, where children can find
respite from the psychological stresses of war or violence, are essential. Child -
friendly spaces are used widely to protect and provide psychosocial su pport to
children in emergencies. The nature, intensity and quality of the activities, their
fitness to local circumstances and the relationships established between facilitators
and children appear to be crucial in determining their impact. However, in
displacement settings, the notion of “safe spaces” for children and youth must always
be tested and monitored closely to ensure that they do not become venues for abuse;
assumptions that such environments are always safe should be challenged. There is a
certain automatism about the establishment of child-friendly spaces as the main – or
only – means of protecting children, while insufficient attention is devoted to
preventing protection risks and addressing their root causes.
38. As with overall humanitarian funding, the estimated funding for child protection
activities increased between 2010 and 2018. Such funding remains minimal, however,
having an average share of only 0.5 per cent of total humanitarian funding. 20 Child
protection is underfunded and is often mentioned only within a broader protection
context. The gap in funding for child protection activities is alarming when
considering the scale of needs and costs of quality interventions. Donors and those
who provide or support child protection interventio ns, as well as States providing
budget allocations, have a joint responsibility to increase child protection funding
substantially and urgently. 21
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support, the establishment of girls’ and boys’ clubs and the promotion of birth
registration. 23
41. Internally displaced children will often share experiences with or seek support
from their parents, relatives, guardians and friends. Information on children ’s rights
and channels through which to seek support should be provided in order to equip them
adequately to guide children and protect them from harm. Important resources already
exist to empower children by putting them at the centre of initiatives and promoting
their resilience, such as the UNICEF “Adolescent Kit” and War Child’s “DEAL”
methodology.
42. Traditional systems and networks of community and child support likewise
exist, and it should be ensured that they function in the best interests of the child. The
interventions of others in the community, such as social workers, teachers, youth and
traditional or religious leaders, with appropriate training and sufficient monitoring to
mitigate any risk of abuse, help to ensure multilayered child protection initiatives.
The role of faith-based actors is recognized as essential in many displacement
contexts, 24 for example, in Honduras and the Syrian Arab Republic.
Protection issues
43. Family separation has a great impact on the experience of displacement for
children and varies with age, sex and other factors. Family separation can happen
during displacement or during screening, upon arrival in camps or during settlement.
Special consideration should be given to child-headed households where a child’s
responsibility to care for younger siblings goes hand -in-hand with securing safety,
food, water, health, education and shelter.
44. Investing in preparedness and holistic approaches to pre vent family separation
are needed. The importance of sharing basic information on what family members
should do if separated should not be underestimated. For example, in South Sudan,
ICRC is working with children at risk of displacement through theatre pl ay to help
them to remember names and how their village looks in order to facilitate future
family reunification.
45. The link between internal displacement and the recruitment of children by
parties to conflict is well established. Displacement can also o ccur as a means of
avoiding children’s recruitment by armed groups or criminal gangs, such as in
Colombia, El Salvador and Honduras, where children’s refusal to be recruited can
lead to violence or even loss of life. Recruitment into non -State armed groups often
affects children who are already internally displaced, particularly boys, occurring in
and around camps and settlements for internally displaced persons. The variation in
the percentage of children recruited by parties to conflict across 19 African countries
was reflected by the extent to which the government and other actors provided
protection against abduction and forced recruitment in camps for internally displaced
persons. 25 When girls are recruited it is often as child brides, cooks or sex slave s, and
when they are eventually demobilized or rescued, they frequently have babies or small
children.
46. States and international organizations have an important role to play in
safeguarding children, including those internally displaced, from recruitme nt and
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23
UNHCR, Child Protection Issue Brief, “Community-based child protection mechanisms”
(September 2013).
24
World Vision South Sudan, annual campaign report 2018; Global Partners Forum report, “Faith
action for children on the move” (2018).
25
Vera Achvarina and Simon F. Reich, “No place to hide: refugees, displaced persons, and the
recruitment of child soldiers”, International Security, vol. 31, No. 1 (summer 2006).
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26
Office of the Special Representative of the Secretary-General for Children and Armed Conflict,
2010.
27
UNHCR, “Sexual violence against men and boys in the Syria crisis” (2017); see also Women’s
Refugee Commission, It’s Happening to Our Men as Well: Sexual Violence against Rohingya
Men and Boys (New York, 2018).
28
Office of the Special Representative of the Secretary-General for Children and Armed Conflict,
2010.
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dark areas, providing separate latrines and locating services where they are most
needed, are built into their programme design and implementation. Safety -mapping
exercises give internally displaced girls the opportunity to ident ify where and when
they perceive themselves to be at risk and guide humanitarian practitioners on
possible risk mitigation strategies. If those types of actions are not taken at the outset,
some of the resulting harm is irreversible. 29
51. Community-based programmes using awareness-raising techniques – as stand-
alone interventions aimed at changing attitudes and behaviour or included as part of
a broader programme, such as economic intervention – have reduced the incidence
and mitigated the impact of gender-based violence and changed attitudes, perceptions,
knowledge and (some) behaviour. 30 To be successful, services aimed at combating
gender-based violence should ensure confidentiality and anonymity in gaining access
to services, reduce stigma, be culturally sensitive and utilize local expertise. 31
Strengthening coordination mechanisms between sectors and programmes is essential
for gender-based violence programming but remains a challenge, particularly when it
comes to internally displaced children. The Child Protection Area of Responsibility,
the Gender-Based Violence Area of Responsibility and some of their members have
launched an initiative aimed at countering some of those challenges and improving
support for child and adolescent survivors of sexual abuse. 32
52. The need to find a durable solution to their displacement distinguishes internally
displaced persons from other civilians affected by armed conflict. Considering the
risks and vulnerabilities that displacement can entail and the disproportionate impact
on the lives of children, the search for solutions should begin as soon as conditions
permit. States have the primary responsibility for creating the con ditions and
providing the means to enable internally displaced children and their families to
return voluntarily, integrate locally or settle elsewhere in the country in safety and
dignity and in a sustainable manner. The risks linked to premature return o r relocation
to areas that are not safe should therefore be considered carefully.
53. In order to understand the challenges and potential opportunities children may
have when returning to their places of origin, durable solutions for forcibly displaced
children, for example in Afghanistan, Iraq, Somalia and the Syrian Arab Republic,
require better data and evidence based on child-sensitive indicators. The same can be
said in many contexts in relation to children’s local integration or settlement
elsewhere. It is also essential to embed the principles of child -sensitive programming
in all durable solution contexts and establish minimum standards for guiding rights -
based processes towards solutions for children and their families. 33 In that sense, the
best interests of the child remain a primary consideration in the preparation of
solutions for internally displaced children, including by identifying and building on
their coping mechanisms and self-protection capacities.
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29
Dale Buscher, “Preventing gender-based violence: getting it right”, Humanitarian Exchange,
No. 60 (February 2014).
30
World Vision South Sudan, 2018.
31
Humanitarian Practice Network, “Preventing and responding to gender-based violence in
humanitarian crises”, Network Paper, No. 77 (January 2014).
32
See [Link]/expert-deployment/2016/2019/improved-support-for-sexually-abused-children/.
33
Save the Children/Samuel Hall, Achieving Durable Solutions for Returnee Children: What Do We
Know? (London, 2019).
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Documentation
56. During the course of displacement, people often lose or leave behind their
documents, or the documents may be destroyed or confiscated or may not be
recognized. Internally displaced persons may never have had documents at all.
Without identity documents, internally displaced children are effectively rendered
invisible to authorities, bound to face difficulties in asserting a wide range of rights
and risking increased rights violations. Displacement may at times also increase the
risk of becoming stateless. In some displacement contexts, unaccompanied minors
may not possess documents or be unaware of them and therefore lack proof of their
identity or nationality. Without any evidence of parentage or place of birth, they risk
becoming stateless. 35 The risk of statelessness increases in countries with nationality
laws that discriminate on the basis of gender when internally displaced children are
separated from their fathers or lack documentation proving a legal link to them.
Documentation issues affect children in a variety of contexts worldwide and for other
reasons, including the status of displaced parents suspected or accused of terrorism. 36
57. It is the responsibility of States to take all measures necessary to ensure that
children are able to obtain a legal identity as swiftly as possible by replacing lost or
issuing new documentation, as has been done in Colombia, for instance, by deploying
mobile registration teams to reach internally displaced persons in remote areas 37 or in
Côte d’Ivoire by using witness statements to establish the identity of internally
displaced persons for a civil registration exercise. 38 Where gender-discriminatory
nationality laws persist, States should enact reforms to uphold gender-equal
nationality laws in line with international conventions.
__________________
34
Special Representative of the Secretary-General on Children and Armed Conflict, 2010.
35
Norwegian Refugee Council, “Statelessness and displacement” (2016).
36
Ibid., “Barriers from birth: undocumented children in Iraq sentenced to a life on the margins ” (2019).
37
Special Representative of the Secretary-General on Children and Armed Conflict, 2010.
38
Brookings, Protecting Internally Displaced Persons: A Manual for Law and Policymakers (2008).
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Education
63. The right to education does not stop because of displacement, and displaced
families often view the education of their children as a priority. In situations of armed
conflict, access to education is disrupted not only by general insecurity, but also by
targeted attacks on students, teachers and educatio nal facilities and the use of those
facilities for military purposes. In situations of generalized violence, there often arises
the need to protect teachers, pupils and their parents from the violence, as highlighted
by the Special Rapporteur, the Special Representative on Violence against Children 42
and other partners. 43
__________________
39
Special Representative of the Secretary-General on Children and Armed Conflict, 2010.
40
Save the Children/Samuel Hall (2019).
41
Save the Children, “Invisible wounds: the impact of six years of war on the mental health of
Syria’s children” (2017).
42
Office of the Special Representative of the Secretary-General on Violence against Children,
Protecting Children Affected by Armed Violence in the Community (United Nations publication,
Sales No. E.16.I.15).
43
See, e.g., UNHCR, “Impacto de la violencia en 220 centros educativos de Tegucigalpa ” (2018).
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64. In many displacement situations, parents choose to keep their children home
from school because of safety or economic considerations. Poverty often dictates that
earning sufficient income to feed and clothe a family takes precedence over education.
Other challenges may arise, such as the need to learn a new language. Easing the
documentation required for internally displaced children to attend school, which can
be onerous in many States, can enormously ease displaced children’s access to
education. Social tensions and discrimination against or stigmatization of internally
displaced persons may also have an impact; at times, children are not sent to school
or refuse to go for fear of being bullied by their classmates on account of their
displacement.
65. In addition to focusing on access, due attention should be given to the ability of
internally displaced children to remain in school and complete their studies. A good
practice for countering high dropout rates is the inclusion of educational allowances,
school fees and school supply kits in the family packages given to displaced families,
followed by monitoring and attendance sheets from the schools themselves.
66. Despite the growing awareness in recent years of the humanitarian imperative
to ensure access to education during crises 44 and in protracted displacement
situations, there is still a significant lack of global data and information on the
education of internally displaced persons that could help to illuminate the scope of
needs and the appropriate policy response. Moreover, tracking the educational
trajectories of the internally displaced is difficult. 45 There is a gap in the operational
response too, with the overriding priority being to identify solutions and the resources
needed to provide standard education to millions of children affected by
displacement. Despite significant evidence demonstrating that access to a quality
education is crucial in providing internally displaced children with physical,
psychosocial and cognitive life-sustaining protection, child protection and education
remain among the least funded humanitarian sectors. 46
67. Education provided in the best interests of the child may differ according to t he
given displacement situation, and educational needs have to be assessed on a case -
by-case basis. Any psychosocial care provided to displaced children must address
both past traumas and ongoing stress and fear and be aimed at building a sense of
safety and teaching coping skills. Supplementary classroom-based programmes
aimed at addressing the acute psychosocial needs of children affected by conflict -
induced trauma can be effective. One programme helps students to identify their
reactions to stress and learn calming techniques, be able to talk to teachers and family,
be aware of risks in their communities and identify measures to keep themselves safe,
such as walking to school in groups or finding alternative routes. 47
68. Moreover, the provision of education in emergencies should take into account
gender issues. Conflict and displacement may change gender dynamics and affect
boys and girls differently, although barriers to education are often maintained and
gender disparities reinforced. Those factors must be taken adequately into account in
the development of educational programmes for internally displaced children.
__________________
44
Manuel Bessler, “Foreword: education – a humanitarian and development imperative”, Forced
Migration Review, issue No. 60 (March 2019).
45
United Nations Educational, Scientific and Cultural Organization (UNESCO), Global Education
Monitoring Report 2019: Migration, Displacement and Education – Building Bridges, Not Walls
(Paris, 2018).
46
Global Protection Cluster and Global Education Cluster, “Child protection and education in
emergencies” (2015).
47
Norwegian Refugee Council, Education in Emergencies: Children in Distress – A Child
Protection Risk Analysis for NRC Afghanistan’s Education Programme (Kabul, 2018).
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69. Despite the fact that internal displacement places a huge strain on the already
inadequate educational infrastructure, it is important that the needs of the host
communities be taken fully into account, particularly in protracted displacement
situations. Adequate financial and technical support, such as additional teachers and
school facilities, are essential in order for communities to bett er implement their
obligations towards displaced children. This may necessitate the establishment of
additional school locations and simplified admission procedures, the coverage of
tuition fees and loans and the provision of textbooks for displaced childr en, as has
been done in Ukraine. 48 Indeed, access to quality inclusive education brings
significant economic, social and health benefits to displaced and host communities
alike, helps to foster cohesive societies and is a vital tool in fighting prejudice,
stereotypes and discrimination. 49
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51
Alliance for Child Protection in Humanitarian Action, “Adapting to Learn, Learning to Adapt”.
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(b) Put in place laws, policies, systems and public services that are
inclusive of internally displaced children without discrimination and ensure that
national laws that are not specific to internally displaced persons do not
discriminate against them or restrict their rights;
(c) Ensure that the priorities of internally displaced children and child
protection and gender-related concerns are integrated in the development and
implementation of national laws and policies on internal displacement;
(d) Adopt or reinforce legislation that criminalizes the six grave violations
against children in armed conflict, strengthen monitoring and reporting
mechanisms, including through the active participation of all relevant United
Nations entities, and ensure the implementation of action plans to end and
prevent violations by parties to conflict listed in the annual report of the
Secretary-General on children and armed conflict;
(e) Raise awareness through public statements and public-awareness
campaigns to sensitize the general public and public officials to the impact of
internal displacement, including on the particular protection risks faced by
internally displaced children;
(f) Train public officials, including social workers, police officers, judges,
prosecutors, lawyers, guardians, teachers and local civil society organizations, in
child rights, child protection case management, best interests assessment and
determination processes, and child-friendly procedures;
On participation
(g) Take special measures to ensure that the views and concerns of
internally displaced girls and boys are taken into account in the design and
delivery of protection and assistance programmes, as well as in the development
of relevant laws and policies, the planning and management of durable solutions
and peace processes;
(h) Facilitate coordination between those working in public institutions
with those responding to internal displacement in order to promote child
participation activities during recovery and reintegration;
(i) Ensure that children are provided with information about options,
their consequences and conditions concerning durable solutions in a format and
language they can understand so that they can make their voices heard;
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(l) Make better and greater use of existing data on internally displaced
children through enhanced data-sharing practices within appropriate data
protection standards and protocols; for this purpose, data anonymization
software and other technological solutions for sharing sensitive data should be
further supported and explored; the increased use of collaborative approaches
to the collection of new data on children in internal displacement situations is
encouraged;
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On durable solutions
(w) Ensure that conditions are conducive to durable solutions for
internally displaced children and their families, with particular regard to the
education and psychosocial care of internally displaced children;
(x) Provide all internally displaced children with appropriate legal
documentation and ensure that birth registration services include all children;
(y) Take all possible steps to provide adequate medical and psychosocial
care for internally displaced children and their families through coordinated
intersectoral community-based programmes with trained staff members, plan
for and implement arrangements for longer-term assistance for severely
traumatized children with the assistance of trained mental health experts and
assist children affected by long-term mental illness and their families;
(z) Ensure immediate and effective access to free, quality and inclusive
education and essential services for all boys and girls, regardless of whether they
are displaced or possess documentation, recognize and tackle the specific gender-
and disability-related barriers, in both emergency and non-emergency
displacement settings, at all levels and in vocational training, strengthen
educational systems so that they are able to provide high-quality learning
opportunities for children in host communities and absorb displaced children
and cater to their specific needs;
(aa) Strengthen social safety nets and expand opportunities for family
income and youth employment, including for internally displaced persons;
(bb) Provide affordable, safe and adequate housing for internally displaced
children and their families, ensuring that families are housed together;
On funding
(cc) Increase multi-year collaborative and flexible funding in support of
children, including those internally displaced and, in particular, increase funding
for child protection interventions from 0.5 per cent to a minimum of 4 per cent
of total humanitarian funding and identify new sources of funding to fill the gap
and ensure adequate State budget allocations for the rights of internally
displaced children;
(dd) Increase support for the strengthening of national and local child
protection systems to address and cope with the additional needs of internally
displaced children, including in urban areas, through area-based approaches
that take into account the needs and situation of host communities.
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