The United Nations Secretary-General noted in the annex to his Decision No. 2011/20 that failing to put an end to displacement can result in increased and continued vulnerabilities, and can negatively impact hosting communities leading to serious economic, political and security implications for national authorities and populations involved. Refugee returnees and IDPs need durable solutions, that is, they need to work towards a situation in which they no longer have needs related to their displacement. Durable solutions are critical to the recovery and sustainable development of post-conflict countries, which requires comprehensive and effective recovery and development strategies and programmes (UNSG, 2011). It is important to note that finding solutions is a process rather than a specific endpoint.
Working towards durable solutions means diminishing gradually the needs and vulnerabilities of displacement affected communities, while strengthening their capacities, skills, and increasing their resilience, so that displaced persons can increasingly enjoy their human rights without discrimination based on their displacement.
Blay and Crozet, 2017.
IOM, 2013.
Resolving displacement situations typically centres on finding durable solutions which can be achieved through:
- Return (and sustainable reintegration). For IDPs, this typically means return to home or at least their home community/area. For refugees, however, repatriation is to the home country but not necessarily to the home community;
- Local integration;
- Resettlement, which for IDPs means relocation elsewhere in the same country, and for refugees, resettlement in a third country.
Often, resolving displacement situations in a given country involves a combination of all three solutions. When finding durable solutions, the main considerations include the voluntary nature of the solution; the rights, needs and legitimate interests of the displaced population themselves; and informed decision-making. (IASC, 2010). As IDPs in particular are increasingly located in urban settings, solutions may be entwined with broader trends of urbanization. If the internal displacement was caused by conflict or violence, peace agreements may include guidance on durable solutions. In the case of refugees, return is often a preferred solution (GCR, 2018). UNHCR, the host country, the country of origin and other States as appropriate assess the options and agree to the conditions (including preconditions) under which voluntary, safe and dignified returns take place. Similar arrangements are made regarding local integration. And for resettlement – which is limited to less than 1 per cent of the total number of recognized refugees in need globally – UNHCR prepares annual reports on projected resettlement needs as part of the annual tripartite consultations on resettlement.
Just as needs, vulnerabilities and capacities among displaced populations differ, so the appropriate choice of durable solution may differ, too. Which option is best, or which options are feasible, will be influenced by a number of factors. These factors include the conditions in the place of origin (such as safety and security as well as the ability of a community to (re-)absorb populations), the risks of recurring disasters and the impacts of climate change, as well as the resources available to support the various solutions. For both IDPs and refugees in protracted situations, it can become increasingly difficult to return. For instance, children may have been born and raised, and may only know the host location. People may have grown accustomed to urban environments and acquired new labour skills and livelihoods. In other instances, there may be a lack of confidence that return offers the best solution, particularly in areas where climate change has affected agriculture.
IOM/Samantha Donkin, 2012.
It is important to factor in all communities to durable solutions by planning and implementing comparable and tailored support for other affected populations, such as host communities or those who remained in the place of origin. This is important because preferential treatment of either side, whether perceived or real, risks creating or increasing social tensions (IOM, 2016a). In this way, area-based approaches, which focus on addressing needs and vulnerabilities regardless of the group or category of persons or tied to a specific sector, can be useful in implementing durable solutions.
Intention surveys and needs assessments that also factor in communities help to assess options for durable solutions. Clear communication on the options available to solve problems, and on what assistance will be available, is also critical. Populations should be consulted and should participate extensively in the planning and management of the processes supporting a durable solution. This may require concerted efforts to ensure that participation includes persons who are potentially marginalized, such as women and people with special needs (IASC, 2010). It is recommended that these intention surveys be undertaken as joint initiatives between governments and humanitarian/development partners. Joint initiatives build trust, through transparency and accountability, particularly because they demonstrate that solutions are not being pursued in opposition to the desires and intentions of affected populations.
- Initiate the durable-solutions process
- Get better informed about the displacement-affected communities
- Develop durable-solutions targets in consultation with the displacement-affected communities
- Develop a long-term action plan
- Ensure implementation and monitor the action plan
Blay and Crozet, 2017.
In cases when durable solutions for refugees are not achievable, States may consider creating or expanding complementary pathways for admission to third countries as an alternative to resettlement. These pathways are not a substitute for the protection afforded to refugees under the international protection regime, but should rather form part of a progressive approach that allows refugees to advance towards greater enjoyment of their rights while their international protection needs are being met. They also serve as an important expression of global solidarity and international cooperation and a contribution to more equitable responsibility sharing (see Humanitarian border management).
Planning for resolving displacement should begin early in the humanitarian response, as soon as conditions are conducive, which may even begin concurrently with humanitarian responses.
National authorities have the primary duty and responsibility for IDP solutions and refugee returnees. Regardless of international support, national authorities should ensure at a minimum that the necessary legal and/or policy frameworks are in place and that there is an effective government structure to: coordinate the national and local response; facilitate provision of humanitarian and development assistance; and mobilize adequate funding, through national budgets as well as international aid (IASC, 2010). In the case of refugee resettlement or local integration, the respective national authorities hold the responsibility for these populations and their ongoing protection.
It is important to have a clear lead ministry, department or commission with overall responsibility for policy, coordination and planning. The responsible entity varies between States. A good practice would be to include relevant members of the displacement-affected community, wherever feasible (UNDP, n.d.). Within the United Nations, the responsibility to coordinate joint government–United Nations efforts to facilitate durable solutions has been assigned to the respective country’s resident coordinator’s office (RCO) (UNSG, 2011). Increasingly, the United Nations is working with States hosting displaced groups to establish joint coordination mechanisms, often referred to as durable solutions working groups, under the RCO.
It may be appropriate to develop a displacement-specific policy, strategy or implementation framework. Such frameworks often include core principles; alignment with national planning and development priorities; relevant legislation; the identification of leadership and coordination roles; strategic outcome and local level objectives; and priority activities. A strategy could be nationally focused or limited to certain displacement-affected areas; more general recovery or development strategies could incorporate the specific needs and rights of (re-)integrating populations (IASC, 2010).
The African Union Model Law on Internal Displacement was adopted by the African Union Summit in January 2018. Chapter 11 is dedicated to durable solutions, with articles covering obligations, procedures for return and integration, and guarantees upon return and integration.
African Union Commission on International Law, 2018.
A durable solution is considered as achieved when the displaced people no longer have specific assistance and protection needs associated with their displacement, and when such people can enjoy their human rights without discrimination resulting from their displacement (IASC, 2010). This means, for instance, that deciding to integrate, or returning or relocating is only one element of a broader process. The (re-) integrating populations should be able to maintain livelihoods, access basic services and become full members of the community [International Commission of Jurists (ICJ), 2014].
The Inter-Agency Standing Committee endorsed the IASC Framework on Durable Solutions for Internally Displaced Persons (2010). The Framework sets out eight conditions for measuring the extent to which solutions have been achieved “when the circumstances that characterize displacement have ended”:
- Long-term safety, security and freedom of movement;
- Adequate standard of living, including at a minimum access to adequate food, water, housing, health care and basic education;
- Access to employment and livelihood opportunities;
- Access to mechanisms to restore housing, land and property or provide compensation;
- Access to and replacement of personal and other documentation;
- Voluntary reunification with family members separated during displacement;
- Participation in public affairs, at all levels, on an equal basis with the resident population;
- Effective remedies for displacement-related rights violations, including access to justice, reparations, and information on root causes.
The criteria are not exhaustive, nor do they all need to be met in order to achieve durable solutions.
IOM, 2012.
The pursuit of solutions is as much a social process as it is a physical, infrastructural or economic one. The targets or milestones should recognize this diversity. For instance, in addition to key indicators such as access to services and economic opportunities, there should also be indicators covering the restoration of trust and confidence in local administrations or between IDPs and host communities.
Regardless of their category or status, displaced people are not a homogeneous group; different communities, households and individuals have differing needs and varying levels of vulnerability. As such, they will achieve satisfactory thresholds of self-reliance, protection, human rights fulfilment and resilience at different times (IOM, 2016a).
Regular assessments should be undertaken throughout the (re-)integration programme, including on vulnerabilities, broader local peacebuilding and levels of socioeconomic stability as well as flow monitoring in the context of displacement. Civil society organizations, along with national human rights institutions, can often play an important role in this regard.
- IOM, New Approach to Resolution of Displacement, 2016b (video).
- Joint IDP Profiling Service (JIPS), Durable Solutions Indicator Library, 2020.
This library assembles indicators – developed from a multi-stakeholder initiative led by the Special Rapporteur on the Human Rights of Internally Displaced Persons (IDPs), along with a technical committee and JIPS – to support the operationalization of the IASC Framework, offer evidence-based joint responses, help identify priorities for action and measure progress. The library is complemented by an Analysis Guide. - IOM, Progressive Resolution to Displacement Situations Framework (PRDS) contains resources to States formulating policies, frameworks and programmes to facilitate durable solutions for displaced populations (IOM, 2016a).
- Finding solutions to displacement is a process rather than a specific endpoint.
- There are three main durable solutions to displacement: return, local integration and relocation/resettlement.
- Community participation should be factored into the planning and management of durable solutions.