Handbook on Peace Agreement Draft Language
Refugees and Internally Displaced Persons
Introductory Notes
The widespread displacement of civilians as a result of armed conflict often has devastating, long lasting effects. Conflict affected populations might flee either within or outside the state’s borders, leaving behind their homes, livelihoods, and sometimes family members. Peace agreements commonly incorporate provisions that seek to both protect and promote the rights of refugees and internally displaced persons throughout the peace process to provide for their safe return and reintegration into society. This can be a complex process, especially in relation to refugees, as cooperation from the state of origin, the states of asylum, and the international community is often required.
Definitions
Refugee: A person who is forced to flee their own state and seek safety in another state. They are unable to return to their own state because of feared persecution as a result of who they are; what they believe in or say; or because of armed conflict, violence, or serious public disorder.
Internally displaced person (IDP): Someone who has been forced or obliged to flee or leave their home or place 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 has not crossed an internationally recognized border.
Displaced person: Any person who has left their home, whether within or outside their state of origin, for reasons connected to the armed conflict.
Returnee: A displaced person involved in the legal process of returning either to their place of origin or to another place of their choice within the state of origin.
Goals
The primary goal of addressing questions related to refugees and IDPs is to strengthen their resilience, as well as the resilience of the communities in which they reside, to ensure that their unique socio economic needs are met. Addressing the specific needs of refugees and IDPs may serve to:
- Promote Social Stability and Cohesion: Ensuring equitable access to housing, education, and healthcare can address competition for socio economic resources, thereby preventing tension from building between refugees and IDPs and their host communities.
- Support Economic Development: Integrating refugees and IDPs into the labor market and harnessing their productive capacities can enrich and diversify local economies and industries.
- Prevent Crime and Instability: Radicalization and localized crime can flourish when the needs of vulnerable groups are not met. Establishing frameworks that provide for refugees and IDPs can also stabilize regions affected by mass displacement and prevent spillover into border communities.
- Uphold and Strengthen Humanitarian Principles: Addressing the needs of refugees and IDPs reflects and reinforces global commitments to dignity and human rights. This can also strengthen reciprocal relationships between states and contribute to a more stabilized international framework.
Why Include This Chapter
The inclusion of a Refugees and Internally Displaced Persons Chapter in a peace agreement may serve to:
- Define and distinguish between refugees and IDPs
- Clearly identify the specific rights of refugees and IDPs
- Outline commitments to international agreements and standards on the treatment of refugees and IDPs
- Prevent discriminatory treatment or violent conduct
- Provide for consultation with and participation of refugees and IDPs in peacebuilding initiatives and resettlement processes
- Establish guarantees for refugee or IDP representation
- Define the institutional framework applicable to the implementation of the Agreement’s provisions, including the establishment of any necessary mechanisms
Implementation Notes
Because resettling displaced populations is challenging and complex, parties tend to aim for language that firmly establishes the parties’ commitments to the resettlement process.
In the case of long, protracted conflicts, the displaced population may even equal or outnumber the population of those who remained in their place of residence. In these contexts, a peace agreement might pay particular attention to specific guarantees for refugee or IDP representation in governance frameworks, including through the use of quotas. Specific vulnerabilities of refugee and IDP populations, for instance women, children, the elderly, and persons with a disability, may also inform the urgency and scope of relevant provisions.
Core Issues Addressed
Most peace agreements address the following core issues in a Chapter on Refugees and Internally Displaced Persons:
- Definitions and Recognition of Refugee and IDP: This section defines the categories of persons entitled to protection under this Chapter and distinguishes these persons from other similar groups, for instance economic migrants.
- Definitions: provides definitions of protected persons.
- Recognition of Refugees and IDPs: reaffirms that refugees and IDPs are active participants in the peacebuilding process.
- International Commitments and Guiding Principles: This section identifies applicable agreements, rights, and standards.
- International and Regional Agreements and Frameworks: affirms general commitment to upholding conventions, such as the 1951 Convention on the Status of Refugees and the 2018 Global Compact on Refugees.
- Guiding Principles: refers to a set of principles that will govern the questions related to refugees and IDPs.
- Rights and Protections: This section stipulates the specific rights and protections to which refugees and IDPs are entitled.
- Protection From Harm: commits to taking all reasonable steps to prevent further harm being caused and to mitigate harm already suffered.
- Right to Return or Resettle: sets out provisions for the voluntary right to return, to resettle elsewhere, or to integrate locally.
- Property Restitution and Compensation: sets out provisions related to refugee and IDP rights regarding property.
- Legal Identity: ensures access to documentation, for instance birth certificates and ID cards, which may have been lost during displacement.
- Freedom of Movement: prevents restrictions on the freedom of movement of refugees and IDPs, especially during resettlement processes.
- Reintegration: This section addresses both immediate and future humanitarian needs associated with reintegration.
- Access to Basic Services: guarantees refugees and IDPs equitable access to housing, education, and healthcare.
- Community Cohesion: sets out measures aimed at reducing tensions between returnees and the populations into which they reintegrate.
- Economic Reintegration: outlines provisions that encourage and promote the rights of refugees and IDPs to seek gainful employment and to contribute to the local economy, including job creation initiatives.
- Psychosocial Support: outlines provisions for mental health and social support tailored to the specific needs of refugees and IDPs.
- International and Regional Cooperation: This section discusses the cooperation between host states and the international community.
- International Support: outlines the parties’ commitment to seek monitoring and or capacity assistance from international organizations and other partners to implement the provisions of this chapter.
- Cross Border Agreements: lays the foundations for negotiating additional cooperation agreements between host states and states of origin.
- Institutional Arrangements: This section provides for the establishment of mechanisms to fulfil the terms of this chapter, including institutions at various levels of governance
- Local, State, and or National Institutions: establish mechanisms at various levels of governance. To reflect commitments to promote inclusion of refugees and IDPs in decision making, parties can also set a quota for refugee or IDP membership of the institution or institutions.
- Establishment of a Fund: commits to establishing a national fund dedicated to promoting the socio economic development and reintegration of returnees.
Definitions and Recognition of Refugees and Internally Displaced Persons
Definitions
Note to Drafters: If both refugees and IDPs are entitled to identical protections and rights, parties can group them under one umbrella term, namely, “displaced persons”. In other situations, parties may define the mechanisms and systems by which refugees are repatriated to their state of origin, which may be different from those applied to supporting IDPs.
For the purposes of this Agreement: “Refugees” are persons or groups of persons forced to flee their own state and seek safety in another state. They are unable to return to their own state because of feared persecution as a result of who they are; what they believe in or say; or because of armed conflict, violence, or serious public disorder. “Internally displaced persons” are persons 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 induced disasters, and who have not crossed an internationally recognized state border. “Displaced persons” shall include all persons who have left their homes, whether within or outside [state of origin], for reasons connected with the armed conflict. “Returnees” refers to those displaced persons that are involved in the legal process of returning to their place of origin, or another place of their choice within the state of origin.
For the purposes of this Agreement, [refugees / IDPs / displaced persons] shall not refer to persons who have left their state of origin voluntarily in search for economic opportunities or other personal reasons, which are not connected to [the armed conflict], [persecution], [violence], [and / or] [serious public disorder].
Recognition of Refugees and IDPs
Note to Drafters: Explicitly recognizing displaced persons as active participants in the peace process reflects the international shift away from a purely protectionist approach.
The Parties to this Agreement affirm that displaced persons, including refugees [and], internally displaced persons (IDPs) [, and those otherwise displaced by conflict] are active participants in the peace process. The Parties hereby agree to: (a) Acknowledge the unique perspectives and contributions of [refugees / IDPs / displaced persons] in addressing the root causes and consequences of conflict; (b) Facilitate the meaningful participation of representatives of [refugees / IDPs / displaced persons] in peacebuilding activities, [including decision making forums and mechanisms established under this Agreement]; (c) Ensure that all discussions and measures aimed at reconciliation, return, reintegration, and the rebuilding of communities are informed by the voices and needs of [refugees / IDPs / displaced persons]; (d) Promote non discriminatory policies that protect the rights of [refugees / IDPs / displaced persons] and promote their active role in shaping a peaceful and inclusive society.
International Commitments and Guiding Principles
International and Regional Agreements and Frameworks
Note to Drafters: The 1951 Convention on the Status of Refugees and its 1967 Protocol Relating to the Status of Refugees form the foundation of international refugee law. These instruments are complemented by standards set by global frameworks, regional agreements protecting refugees and IDPs, as well as complementary international human rights and humanitarian law. The nature of the conflict and the geographical location of the parties will determine the scope of these provisions.
The Parties affirm their full commitment to the 1951 Convention Relating to the Status of Refugees and the 1966 Protocol Relating to the Status of Refugees. The Parties [additionally reaffirm their commitment to] / [will take steps to ratify] [the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa]. Recognizing the shared responsibility to support [refugees / IDPs / displaced persons] and host communities, the Parties to this Agreement reaffirm their commitment to the principles and objectives of the Global Compact on Refugees, as adopted by the United Nations General Assembly in 2018.
Guiding Principles
Note to Drafters: The parties may outline guiding principles that guide the entire process of refugee and IDP return. Such principles provide a framework for all other provisions of the peace agreement related to refugees and IDPs.
The Parties acknowledge that the national unity of the people of [state] cannot be achieved without a definitive solution to the problem of [refugees / IDPs / displaced persons]. The Parties recognize that the return of [refugees / IDPs / displaced persons] is an inalienable right and represents a factor of peace, unity, and national reconciliation. The Parties undertake not to hinder the free exercise of this right by the [refugees / IDPs / displaced persons]. [[Refugees / IDPs / displaced persons] shall not forfeit any of the rights and freedoms of citizens for having left their original places of residence.]
The Parties agree to: [Ensure that [refugees / IDPs / displaced persons] fully enjoy all the same rights and fundamental freedoms established for all citizens;] [Reintegrate [refugees / IDPs / displaced persons] and create the conditions that will allow them to participate fully in the economic, social, political, and cultural development of the country;] [Fulfill genuine reconciliation through promoting a culture of peace and peaceful coexistence in the resettlement areas, and at the national and regional / state levels, based on participation, mutual tolerance and respect.]
Special emphasis shall be placed on protecting female headed families, widows, orphans, [and indigenous communities], who have been the most seriously affected.
Rights and Protections
Protection from Harm
Note to Drafters: The parties may enshrine certain protections for refugees and IDPs in a peace agreement to ensure that their rights are upheld in accordance with international standards.
The Parties are committed to achieving the successful return of [refugees / IDPs / displaced persons] under peaceful and secure conditions. The Parties shall guarantee the safety and security of those persons in the course of return and rehabilitation operations. The Parties shall not attack, intimidate, or harass returning populations in any way. At all times, the human rights of the returnees shall be fully respected. Special considerations, protections, and processes will be given to vulnerable groups such as women, children, the elderly, ethnic minorities, and persons with a disability.
The Parties shall ensure that [refugees and internally displaced persons] / [all displaced persons] are permitted to return in safety, without risk of harassment, intimidation, persecution, or discrimination, particularly on account of their ethnic origin, religious belief, or political opinion. The Parties shall take all necessary steps to prevent activities within their territories that would hinder or impede the safe and voluntary return of [refugees / IDPs / displaced persons]. To demonstrate their commitment to creating, without delay, the conditions suitable for the return of [refugees / IDPs / displaced persons], the Parties shall, with immediate effect, take the following confidence building measures: [The repeal of domestic legislation and administrative practices with discriminatory intent or effect towards [refugees / IDPs / displaced persons];] [The prevention and prompt suppression of any written or verbal incitement, through media or otherwise, of hostility towards [refugees / IDPs / displaced persons], particularly that of ethnic or religious hatred;] [The dissemination, through the media, or warnings against and the prompt suppression of acts of retribution against [refugees / IDPs / displaced persons] by military, paramilitary, and police services, and by other public officials or private individuals;] [The protection of [refugees / IDPs / displaced persons] wherever they are found and the provision of immediate access to these populations by international humanitarian organizations and monitors;] [The prosecution, dismissal, or transfer, as appropriate, of persons in military, paramilitary, and police forces, and other public servants, responsible for serious violations of the basic rights of persons belonging to [refugee / IDP / displaced persons] groups.] Concerned about the security of those who are being resettled or who live in the zones affected by the conflict, the Parties recognize the urgent need to remove all types of mines or explosive devices buried or abandoned in these areas, and they commit themselves to cooperate fully in these activities.
Right to Return or Resettle
Note to Drafters: The right to return is a fundamental principle enshrined in international law. Nonetheless, generally, parties need to ensure that return or resettlement takes place on a voluntary and informed basis.
The Parties agree that all [refugees / IDPs / displaced persons] shall have the right to make an informed decision for the voluntary return to their place of origin, homes, or to places or areas of their habitual residence; they shall also have the right to resettle to other places of their choosing. The [name of government] shall commit to accepting the return of refugees who have left the territory, including those who have been accorded temporary protection by third countries. The Parties shall adhere to the principle of non refoulement, and [IDPs / refugees / displaced persons] shall thus not be subject to forced return or resettlement in any place where their life, safety, liberty, and / or health would be at risk. The Parties are committed to achieving the successful return of all [refugees / IDPs / displaced persons] under peaceful and secure conditions. Choice of destination shall be up to the individual or family, and the principle of the unity of the family shall be preserved. The Parties shall not interfere with the returnees' choice of destination, nor shall they compel them to remain in or move to situations of serious danger or insecurity, or to areas lacking in the basic infrastructure necessary to resume a normal life. The Parties shall facilitate the flow of information necessary for [refugees / IDPs / displaced persons] to make informed judgments about local conditions for return. The Parties [and the international community] shall endeavor to ensure the right of safe return for [refugees / IDPs / displaced persons] and to be free from violence, harassment, intimidation, coercion, confiscation of property, or forced resettlement. [The Parties agree that nomadic routes shall be open and secure, in particular during the return of [refugees / IDPs / displaced persons] to their homes of origin. The Parties shall review the changes of such routes and find alternatives if necessary.]
Property Restitution and Compensation
Note to Drafters: Displaced persons typically have the right to reclaim property or receive compensation when restitution is not possible. The legal and institutional framework can help provide clear mechanisms for property claims.
The Parties affirm the right of displaced persons to the restitution of property and possessions lost due to conflict, [forced displacement], [or illegal occupation]. To ensure effective restitution and compensation, the Parties agree to: Establish an independent Property Restitution and Compensation Commission to adjudicate claims fairly and transparently; Develop and implement a process for returning confiscated or occupied properties to rightful owners; Provide fair and adequate compensation where restitution is not possible; Guarantee non discriminatory access to judicial and administrative mechanisms for property claims; Ensure the protection of returnees from eviction or intimidation upon reclaiming property. The Parties shall ensure that all housing, land, and property restitution programs, policies, and practices recognize the joint ownership rights of both male and female heads of the household as an explicit component of the restitution process, and that restitution programs, policies, and practices reflect a gender sensitive approach.
Legal Identity
Note to Drafters: Due to conflict and difficulties associated with displacement, refugees and IDPs legal documentation may have become lost. Parties can adopt measures that facilitate the process for obtaining new documentation.
The citizenship and participation rights and privileges of [refugees / IDPs / displaced persons] shall not be forfeited or otherwise affected due to their status as [refugees / IDPs / displaced persons]. The rights and privileges of [refugees / IDPs / displaced persons] shall be fully restored and guaranteed in their state of origin. [Refugees / IDPs / displaced persons] shall not be discriminated against or prevented from participating in government or electing officials of their choice. [Refugees / IDPs / displaced persons] shall be registered and included in the electoral rolls together with other citizens in their places of residence.] The Parties shall ensure that all displaced persons, including returnees, have access to legal identity documents, including birth certificates, national identity cards, and residency permits, without discrimination. To achieve this, the Parties commit to: Establish or strengthen mechanisms for the recognition and issuance of identity documents to displaced persons; Ensure that documentation is provided [free of charge] / [at an affordable cost]; Remove legal and administrative barriers that prevent displaced persons from obtaining legal identity; Facilitate the recognition of documents issued in exile to prevent statelessness; Ensure [refugees’ / IDPs’ / displaced persons’] legal identity is recognized in all state institutions and services.
Freedom of Movement
Note to Drafters: Freedom of movement is critical for displaced persons seeking return, resettlement, or livelihood opportunities.
The Parties reaffirm that all [refugees / IDPs / displaced persons] have the right to freedom of movement and residence within the territory of [state], subject only to restrictions necessary for security or public order in accordance with international human rights norms. The Parties shall guarantee safe and non discriminatory access to all regions of [state].
Reintegration
Access to Basic Services
Note to Drafters: The reintegration of displaced persons requires access to essential services such as healthcare, education, water, and housing.
The Parties shall ensure that all [refugees / IDPs / displaced persons] enjoy access to essential services without discrimination. The Parties agree that all returnees and resettled persons will have unhindered access to adequate healthcare, education, and social services. Where necessary, the Parties will facilitate humanitarian assistance to [refugees / IDPs / displaced persons] until state services are fully restored. The Parties are committed to providing targeted support to vulnerable groups, including women, children, the elderly, and persons with disabilities.
Community Cohesion
Note to Drafters: Social cohesion measures help prevent renewed conflict and facilitate peaceful coexistence between displaced persons and host communities.
The Parties commit to fostering reconciliation and social cohesion between returnees, host communities, and other affected populations. To this end, the Parties shall: [Promote community dialogue initiatives to address grievances and build trust;] [Implement non discriminatory policies that encourage coexistence and participation;] [Support traditional and community based conflict resolution mechanisms;] [Provide training for local authorities and law enforcement to ensure the protection of returnees and host communities.]
Economic Reintegration
Note to Drafters: Economic opportunities are essential for sustainable reintegration and reducing dependence on aid.
The Parties agree to support the economic reintegration of [refugees / IDPs / displaced persons] through employment, livelihoods, and development programs. The Parties shall: [Ensure displaced persons have equal access to employment opportunities and vocational training;] [Develop programs to support small businesses and entrepreneurship for returnees;] [Facilitate access to land, credit, and markets;] [Work with international organizations and private sectors to create economic opportunities.]
In order to create the conditions for the return of [refugees / IDPs / displaced persons], the Parties commit to undertake an assessment of the level of damage to the economic and social infrastructure of [region / state], the availability of housing and the extent of damage to houses in the areas of return as well as the projected needs in rehabilitation/reconstruction, with financial implications.
The [government] shall decide on the activities for the resettlement and integration of [refugees / IDPs / displaced persons] taking into account the availability of resources, in order to achieve the following objectives: [To ensure the socio economic and administrative reintegration of the [refugees / IDPs / displaced persons];] [To give all returning families, including female and child headed families, food aid, material support and assistance with health, education, agriculture and reconstruction until they become self sufficient;] [To provide municipalities, villages, and other local communities with assistance in the reconstruction of community infrastructures and with support for income generating activities, paying special attention to women and enhancing their roles in building and sustaining families and communities;] [To settle all those who believe that they cannot yet return on sites close to home, in order to enable them to go and till their fields initially and return to their land later on;] [To encourage, to the extent possible, grouped housing in the reconstruction policy in order to free cultivable land;] [To ensure equity in the distribution of resources between the ethnic groups on the one hand and the provinces on the other, and to avoid overlap between the various parties involved;] [To promote the participation of the population in the resettlement activities;] [To help returnees to recover the property and bank accounts left in [state] before their exile and whose existence has been duly proven;] [To offer intensive language courses for returnees to mitigate the language problems;] [To assist returnees in other areas such as medical services, psycho social support, social security and retirement, education of children and the equivalency of diplomas awarded outside [state].]
Psychosocial Support
Note to Drafters: Conflict and displacement cause significant trauma that requires specialized psychosocial interventions. The parties may recognize and commit to providing such support in the peace agreement.
The Parties recognize the psychological and social impact of displacement and commit to providing appropriate psychosocial support to affected individuals. The Parties shall create programs for training healthcare professionals and social workers in trauma informed care and providing special support for children, survivors of sexual and gender based violence, and other vulnerable groups. The Parties will facilitate community healing initiatives, including cultural and traditional practices.
International and Regional Cooperation
International Support
Note to Drafters: International support is often important during the repatriation process, especially where there are large numbers of displaced persons that require repatriation support.
The Parties agree to work with the international community to provide all possible assistance to [refugees / IDPs / displaced persons] to enable the returning families and individuals to reestablish their lives and livelihoods in local communities. [This assistance shall include, but not be limited to, short term repatriation funding, ensuring the continuity of humanitarian aid throughout the return and resettlement period, rebuilding damaged or destroyed infrastructure, reconstruction and restoration of permanent housing and other property of [refugees / IDPs / displaced persons] planning to return or be resettled, building new roads and infrastructure in rural areas, rehabilitating local agrarian lands, and providing education and job training programs]. The Parties agree to request the international community to provide financial, technical, and material support and resources to ensure that the voluntary return and resettlement processes takes place fully, efficiently, and with respect to the dignity and safety of returnees. The Parties commit to granting national and international aid organizations full [land, air, and sea] access [to all territories and] [refugees / IDPs / displaced persons] to implement the voluntary return and resettlement programs, within the framework of ratified international agreements, and in accordance with [state] law. The Parties further agree to refrain from levying taxes on workers, goods, or services provided by foreign governments or domestic or international aid organizations, within the framework of national laws and regulations and international agreements. The Parties commit to protecting the safety and security of all foreign government staff and employees, as well as national and international aid workers and equipment thereof.
Cross Border Arrangements
Note to Drafters: The parties may set out provisions that commit them to cooperating with host states where refugee populations reside to facilitate an organized and safe return process.
The Parties will cooperate with neighbouring states and international organizations to facilitate the voluntary return of refugees in accordance with international norms. Such cooperation may include entering into agreements with host states [and international organizations] to ensure safe and dignified return of refugees and to coordinate efforts to provide travel documents and information sharing.
Institutional Arrangements
Local, State, and or National Institutions
Note to Drafters: The parties may decide to create a commission or other institutions that would be responsible for overseeing and coordinating the refugee and IDP return process.
[State] shall establish and constitute a Commission for Displaced Persons, which shall have the mandate of organizing and coordinating, together with international organizations and countries of asylum, the return of [refugees / IDPs / displaced persons] and assisting in their resettlement and reintegration. The Commission will be comprised [of two representatives from each Party, two representatives designated by the displaced persons population, one representative from [a strategic state] and two representatives of donors, cooperating entities and international agencies or as determined by the parties]. The Commission’s composition shall ensure an equitable gender balance [and designate committees responsible for addressing questions specific to women and girls.]
Establishment of a Fund
Note to Drafters: The parties may agree to establish a fund that would be used for facilitating the return and reintegration of refugees and IDPs and addressing issues related to the development and or reconstruction of necessary infrastructure.
The Parties agree that there shall be established a [Fund] to solicit, raise and collect funds from domestic and international donors and disburse such funds for the reconstruction and rehabilitation of the infrastructure, for the resettlement and reintegration of [refugees / IDPs / displaced persons], and to address past imbalances in regional development and infrastructure.