Internal Displacement and the Law

20 March 2024

16:00 - 17:30 CET

Hotel N’vY, Geneva

 

Christelle Cazabat, Head of Programmes at IDMC, opened the event with a call for joint action to keep the needs of internally displaced people at the top of policymakers’ agenda. The scale and complexity of internal displacement requires a comprehensive response. From prevention to protection and solutions, actors from the legal, policy, humanitarian, development and climate community all play a role in addressing this issue.  

In his keynote address, Pr. Walter Kälin, Professor Emeritus of Constitutional and International Public Law at the Faculty of Law at the University of Bern, presented the central arguments of his latest book Internal Displacement and the Law. A legal regime on internal displacement has emerged over the last three decades, with substantive norms, institutions and processes to address the needs and protect the rights of internally displaced persons across the displacement cycle. While international human rights and humanitarian law provides guidance to governments and international actors, there remain institutional and procedural challenges at domestic and international levels to respond to internal displacement and to protect the rights of IDPs. 

H.E. Gustavo Adolfo Gallón Giraldo, Ambassador and Permanent Representative of Colombia to the United Nations in Geneva, outlined the current state of internal displacement in Colombia and shared the country’s progress, including through legal action, and persistent challenges in improving the situation of IDPs. The government is committed to achieving peace and security and advancing durable solutions to internal displacement.

Drawing on her extensive experience in humanitarian action and recent contribution to the Independent Review of Humanitarian Response to Internal Displacement commissioned by the Inter-Agency Standing Committee (IASC), Erin Mooney, stressed that humanitarian response must become more timely, coordinated, and solution-oriented to successfully address the specific needs of internally displaced people. The international community has witnessed great progress since the IASC first started considering internal displacement over 25 years ago, such as greater awareness and solidarity, increased recognition by States of their responsibility as evidenced by the introduction of new laws and policies, and a more collaborative approach among humanitarian actors. Nevertheless, the humanitarian system can and must do better in assisting internally displaced communities and supporting them to resume their lives.  

Robert Piper, Special Advisor on Solutions to Internal Displacement to the United Nations Secretary-General, expressed optimism by sharing examples of ambitious national and local commitments from countries such as Colombia, Nigeria and Iraq to address internal displacement, highlighting the importance of Government leadership. In countries with strong national ownership and political engagement, law and policy give governments standards for action and create momentum for progress. 

In her role as moderator, Paula Gaviria Betancur, Special Rapporteur on the human rights of internally displaced persons, remarked that law is about improving people’s lives and that accounting for the specific needs of the internally displaced held the power to do that.  

Responding to questions and remarks from the audience, Pr. Walter Kälin highlighted that internally displaced persons remain citizens of their country with full rights. But IDPs can only exercise their rights if they know about them, and it is the responsibility of the State to ensure they have access to information on exercising their rights.  

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Walter Kälin’s latest book, Internal Displacement and the Law, examines how international law can contribute to preventing, addressing and solving displacement while protecting the rights of internally displaced persons.

Walter Kälin is Professor Emeritus of Constitutional and International Public Law at the Faculty of Law, University of Bern. He is the Envoy of the Chair of the Platform on Disaster Displacement, member of the IDMC Advisory Group, and a renowned expert on internal displacement and international law. 

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PROGRAMME 

Welcome and opening remarks 

Ms. Christelle Cazabat, Head of Programmes, Internal Displacement Monitoring Centre (IDMC)    

Keynote address 

Pr. Walter Kälin, Professor Emeritus of Constitutional and International Public Law at the Faculty of Law, University of Bern 

Panel discussion

H.E. Mr. Gustavo Adolfo Gallón Giraldo, Ambassador and Permanent Representative of Colombia to the United Nations in Geneva 

Mr. Robert Piper, Special Adviser on Solutions to Internal Displacement to the UN Secretary-General 

Mr. Walter Kälin, Professor Emeritus of Constitutional and International Public Law at the Faculty of Law, University of Bern 

Ms. Erin Mooney, Senior Policy Advisor and Researcher on internal displacement, forced migration, and human rights 

  

Moderator: Ms. Paula Gaviria Betancur, Special Rapporteur on the human rights of internally displaced persons   

Conversation with the audience