Refugee Durable Solutions

This research was undertaken as an attempt to better understand how displaced Somalis view their situation, envisage their future, and
if their repatriation ever became possible, what would make it sustainable. To do so, several hundred refugees were interviewed and
participated in Focus Group Discussions (FGD) in Kenyan and Ethiopian camps. The perspective of three selected communities in areas
of origin or anticipated return was also explored through interviews with key informants in Afmadow in Lower Juba, Baidoa in Bay and
Belet Xaawo in Gedo.
Given its relatively small sample, the research was not designed to allow statistical projections, but to permit pertinent observations. It is
not a planning document, but an analytical input aimed at contributing to further planning on durable solutions.
The following pages present a summary of key findings.

BADIL has published its 9th installment of our regular Survey of Palestinian Refugees and IDPs. This extended edition addresses the question of Palestine’s refugees across five chapters. As with previous surveys, the first three chapters contextualize and update the refugee issue. Chapter One provides an overview of the historical and contemporary displacement of Palestinians. Chapter Two highlights the demographic situation, particularly the population size and socio-economic status. And, Chapter Three addresses the international framework for protection of refugees, in general, and that which is uniquely applicable to Palestinian refugees. In the Chapters Four and Five, BADIL turns to the most crucial, yet most marginalized issue to the question of Palestine: the right of return and specifically the practicalities of realizing and implementing return. In particular, BADIL conducted a field study targeting the perceptions of the Palestinian refugee youth population - across Lebanon, Jordan, the West Bank, Gaza Strip and in '48 - as it concerns the practicality of return.  The results are nuanced and extensive. Yet, it is BADIL’s aim that this edition will provide essential data and analysis that may pave the way for renewed national and international political discourse on the right of return its implementation in the case of Palestine.

This  paper  explores  whether,  under  international  law,  the  United  Nations  Security Council  (UNSC)  has  the  power  to  address  massive  flows  of  refugees  by  issuing resolutions obligating UN member states to resettle displaced persons - particularly since resettlement has no basis in international law and is, in part due to a lack of political will,
the least utilised of the three durable solutions in UNHCR’s mandate.

The  legal  viability  of  the  UNSC  to  issue  resolutions  that  obligate  states  to  resettle displaced persons is explored under its UN Charter powers. The combined determination of a threat to peace and security of Articles 39 and utilisation of measures not involving the use of armed force of Article 41. This exploration shows that, a qualified power to
issue such resolutions does exist. Specifically, while it is within the UNSC power to issue resolutions on resettlement, those resolutions would, at this stage, be purely exhortatory rather  than  obligatory.  This  finding  is  confirmed  by  a  detailed  analysis of  around  55 UNSC resolutions on durable solutions and resettlement, showing that the UNSC has, in fact,  begun  to  issue  exhortatory  resolutions  regarding  resettlement  of  displaced populations,  although  primarily  focusing  on  local  resettlement  of  internally  displaced persons.

The lack of political will to implement the legally viable resolutions is addressed through three  incentive - based  suggestions:  UNSC  resolutions  as  a  “trigger”  activating  and deactivating  multilateral  and/or  regional  standing  arrangements;  a  resettlement - focused
mission; and specifying resettlement as an additional peacekeeping mandate.

The objective of this research is to assess the opportunities posed by the political process for potential solutions in Kenya’s key refugee-hosting counties of Turkana and Garissa. It firstly analyses opportunities presented by devolution which can contribute to the increased self-reliance of refugees. Secondly it focuses on the architecture of devolution in relation to refugee affairs, through the provision of a manual which analyses the legal framework, institutional structures, actors and processes of devolution.

This MPI Europe report explores the varied forms these programs take, with their content, timing, and delivery shaped by the refugees’ situation and the resettlement country’s resources and priorities. The study draws on interviews with resettlement policymakers, program implementers, and reception and integration service providers, and its seven case-study countries—Austria, Canada, Finland, the Netherlands, Norway, Portugal, and Romania—represent both longstanding and relatively new national resettlement programs.

With Susan Fratzke.

In a context of uncertainty about the intentions of the Thai authorities, this article explores the opportunity to proceed with the repatriation of the Burmese refugees living in the camps along the border with Myanmar, based on a number of shifts in the current political environment. It is argued in this regard that the situation in Myanmar has not yet improved enough to justify the return of Burmese refugees on the basis of a “fundamental change of circumstances” in the country of origin. As repatriation alone will not be sufficient to close the camps in Thailand, this article discusses the importance of resorting to a “combination” of the three traditional durable solutions to refugee problems, including resettlement and local integration. Special consideration should also be given to what is sometimes referred to as the “4th solution” to the plight of refugees and displaced persons, that is, the regularization of their status as migrants within the country of asylum.

A pair of contradictory trends is challenging humanitarian protection systems around the world: the number of refugees in need of protection has climbed to an all-time high, while at the same time, many countries have reduced their commitments to refugee resettlement. With protection needs high and generosity low, it has become more important to find new ways for refugees to reach safety and to rebuild public consensus around the value of offering protection to those in need.

To meet these challenges, governments and civil-society groups in a growing number of countries have begun to explore refugee sponsorship (also called community or private sponsorship), either as a complement or alternative to traditional protection pathways. This MPI Europe policy brief takes stock of sponsorship programs worldwide—from the well-established Canadian private sponsorship program, to much newer and smaller-scale initiatives in countries such as Argentina, Germany, New Zealand, and the United Kingdom.

Co-authored with Susan Fratzke, Hanne Beirens, Emma Dorst, and Jessica Bolter

BADIL-Briefs aim to support the Palestinian-Arab and international debate about strategies for promotion of Palestinian refugees' right of return, restitution, and compensation in the framework of a just and durable solution of the Palestinian/Arab -Israeli conflict. Background Brief No. 6 is one of a set of three BADIL Briefs (No. 5-7), which examine the special regime (outlined in Brief No. 1) established by the United Nations to provide protection and assistance for Palestinian refugees and promote a durable solution based on the provisions of UN Resolution 194 (III). Briefs 5 and 7 provide an overview of the UN Conciliation Commission for Palestine (UNCCP) and the UN Office of the High Commissioner for Refugees (UNHCR).

This article approaches the complexity of the Palestinian refugee problem from a refugee law perspective: applying a specific framework of refugee law instruments and principles to the search for durable solutions for this refugee population. The first part of this Article examines the international legal framework for refugee protection and the protection of stateless persons and then looks at the regime created to provide protection for Palestinian refugees. It concludes with a reinterpretation of the legal provisions applicable to Palestinian refugees in light of the drafting history and scope and purpose of the provisions. The second part of the article examines durable solutions accorded to refugees under the international refugee regime, with particular emphasis on voluntary repatriation, including a legal analysis of the right of return, the restitution of property, and how the legal principles guide solutions in other refugee situations. This frame- work is compared with that established for Palestinian refugees under relevant United Nations resolutions. The final section concludes with recommendations for durable solutions for Palestinian refugees, drawing upon the reinterpretation  of the legal provisions applicable to Palestinian refugees, and upon international practice in other refugee cases.

Acknowledging the root causes of Palestinian displacement and objectively applying international law is key to any solution to the Palestinian refugee question. Recent attempts to dismiss the Palestinian refugee issue altogether (up to the point that some even question whether Palestinian refugees are 'legitimate refugees') make this all the more imperative. The current legal framework including recent developments in the international refugee protection regime call for a significant paradigm shift in dealing with the Palestinian refugee question: the process should not be governed by politics at the expense of legal entitlements; refugee rights should be considered central and solutions be construed around them;  the United Nations should re-assume the leading role they (aim to) play vis-a-vis other large refugee crises.  Only an effective multi stakeholders approach may help Palestinian refugees out of the impasse.

Vera Espinoza, M (2018) The Politics of Resettlement: Expectations and unfulfilled promises in Chile and Brazil. In Garnier, A, Lyra Jubilut, L. and Bergtora Sandvik, K. (Eds), Refugee Resettlement: Power, Politics and Humanitarian Governance. New York: Berghahn Books. ISBN  978-1-78533-944

Contracts between state and individual change, as do the locations and people. Ignorant of the evolution of ideological loyalties and social networks, the UNHCR’s programme in Afghanistan highlights a reductionist and simplified approach to identities which failed to take into account the education, events and experiences that occurred in the fixed location of ‘home’ and to the refugees who had left. The programme played into the hands of regional actors who had a Hobbesian approach to the apparent benevolence of the UNHCR. This contributed to the failure of reconstruction efforts, as well as further conflict in the country. This paper is a critical assessment of the UNHCR’s durable solution framework, with a specific focus on the organisation’s programme of return for Afghan refugees.

The right of refugees to take part in the public affairs of their countries of origin has been addressed more substantively in relation to home country elections. Relatively little attention has been given to other ways and means for refugees to exercise a right to take part in the public affairs of their countries of origin.

IDMC embarked on a research programme in December
2018 to investigate internal displacement associated
with slow-onset disasters and environmental change.1
This study examines displacement associated with
drought in Somalia, and the ways in which the phenomenon has affected urbanisation in the country. It also
seeks to contribute to a better understanding of policies and programming for durable solutions. The findings presented are based on more than 210 interviews
conducted in October and November 2019 in the cities
of Burco, Galkayo and Qardho. The report arrives at the
following key findings.
| Drought leads to protracted
urban displacement
In a country with a largely pastoral and agro-pastoral
economy, an increase in the frequency and intensity
of drought episodes has forced both nomadic and
sedentary communities to move to urban and periurban settlements that also host people suffering the
consequences of conflict and violence. In the absence
of opportunities for durable solutions, displacement is
becoming protracted. As the population continues to
grow, forced evictions have become a major trigger of
secondary displacement in urban areas.
| Host communities’ absorption
capacity is limited
Informal urban settlements and displacement sites in
surrounding districts have become refuges of last resort
for many vulnerable internally displaced people (IDPs).
Despite growing pressure on infrastructure and services,
many say they would prefer to integrate locally. Investment in urban areas is essential to support the displaced
population; investing in rural areas could also relieve
the growing pressure on urban areas by encouraging
sustainable return.
| Long-term efforts are welcome,
but must be decentralised
Those working on durable solutions in Somalia have
welcomed what has been a paradigm shift from funding
projects to financing consortia. Long-term funding
across sectors has the potential to strengthen the
capacity of displaced and host communities alike. Such
investments also need to be accompanied by efforts to
decentralise initiatives and build local capacity. Doing so
also means intervening beyond areas such as Baidoa,
Kismayo and Mogadishu where the international presence is strong and expanding to secondary cities such
as Burco, Galkayo and Qardho.

Samuel Hall is a research and consulting company based in Asia (Kabul, Afghanistan) and East Africa (Nairobi, Kenya). We specialise in socioeconomic surveys, private and public sector studies, and impact assessments for non-governmental and international organisations. Our teams of field practitioners, academic experts and local interviewers have years of experience leading research in Central Asia and East Africa. This has enabled us to acquire a firm grasp of the political and socio-cultural context in the country; design data collection methods and statistical analyses for monitoring, evaluating, and planning sustainable programmes; and to apply cross-disciplinary knowledge in providing integrated solutions for efficient and effective interventions. To find out more, visit samuelhall.org.

Return to one's place of origin is considered to be one of the three 'durable solutions' whereby the displaced can effectively end their situation of displacement. However, to consider return to the place of origin, which in many cases has been transformed by war and conflict, without considering the conditions that people have returned to is to elide a whole host of challenges facing people upon their return. In Iraq, as military actors have reclaimed territory from the Islamic State of Iraq and Syria (ISIS), internally displaced persons (IDPs) have begun to return to their homes in these liberated areas. While the liberation of these territories from ISIS signals the beginning of the end of a conflict that has persisted for almost four years, preliminary data from an International Organization for Migration (IOM) and Georgetown University longitudinal study on displacement in Iraq reveals that the security and material conditions for returnees are precarious. Using the Inter agency Standing Committee (IASC) Framework on Durable Solutions for Internally Displaced Persons, which offers criteria for whether a durable solution has been accessed, our paper draws on quantitative data and qualitative interviews with returnees to explore the material and security conditions for recent returnees and the strategies returnees employ to cope with these issues.

This conference will serve as a forum for experts, analysts, researchers and academics working on the Palestinian refugee issue to discuss and review critically the research undertaken to date, and to identify future research agendas and activities need to fill knowledge gaps." This paper examines research and 'third party advocacy' on the Palestinian refugee issue.

As a critical perspective of the Liberian refugee protest, the chapter investigates refugees as actors with agency through their interaction with the institutional actors, especially Ghana and UNHCR, and takes transformation as an outcome of the interaction. Examining the outcome of the refugee protest as either success or failure leads to a reductionist, zero-sum analysis where there are powerful winners and weaker losers. In contrast, by describing the outcome as transformational, the chapter reveals the agential capabilities of the refugees, as well as the changes that accrued because of the action that otherwise might not have happened, had they not acted. It also emphasizes the resource opportunities and constraints under which such actions occur, thereby shining a light on the empowering aspect of the refugee action. Thus, this study is both critical of the existing perceptions of the refugees as an incapable actor and aims at empowering the refugees.

IDMC embarked on a new research programme in
December 2018 to investigate internal displacement
associated with slow-onset environmental change.1
Based on two hundred and nineteen interviews and
qualitative methodologies conducted in July 2019 in the
Somali region of Ethiopia, this study examines the drivers
of displacement in pastoralist communities of the arid
and semi-arid lowland areas of Ethiopia, and provides
a better understanding of conditions and priorities for
local integration to support policy and programming
for durable solutions.
In the Somali region, displacement occurs when pastoral
livelihoods reach a critical threshold below which pastoralism is unsustainable. There are many contributing
factors to displacement in the region, and droughts
that are becoming more frequent and intense are an
important one. Nearly 56,000 households affected by
the 2015–2017 drought are still displaced in the Somali
region. Between January and June 2019, another 36,000
people in the country were displaced in the context of
drought, mainly in this region.
Pastoralists displaced during and in the aftermath
of drought live in peri-urban camps for IDPs over a
protracted period and in the midst of a neglected crisis.
They are highly dependent on humanitarian aid that
has gradually shrunk in the region over the last couple
of years as intercommunal conflicts have taken priority.
Despite calls from the government and UN agencies
to fund national and regional efforts on durable solutions, donors continue to focus on responding to a
humanitarian emergency instead of supporting joint
humanitarian and long-term development efforts, as
envisaged by the New Way of Working.
Implementing durable solutions in a scenario where
humanitarian needs are still unmet is a challenge: high
levels of food insecurity persist in zones such as Doolo;
camps for IDPs and peri-urban areas such as Warder
have poor access to water; and displaced families are
still living in unprotected temporary shelters and near
host communities who, themselves, have limited access
to services.
Addressing displacement triggered by drought in
a way that goes beyond providing immediate assistance implies increased livelihood recovery activities.
Those displaced by drought feel that access to work
and economic opportunities are key requirements for
advancing durable solutions.
In the Somali region, durable solutions strategies propose
a long-term development approach to displacement,
beyond supporting short-term humanitarian needs. At
the national level, the Ethiopian government, in collaboration with the UN and NGOs, launched in December
2019 the first federal Durable Solutions Initiative (DSI).

The last decade has witnessed growing interest in comprehensive plans of action (CPAs), transitional justice and durable solutions for refugees and displaced persons. This paper presents some initial thoughts on the nexus of CPAs, transitional justice and durable solutions for displaced Palestinians. The following discussion adopts a human rights-based approach premised on the view of refugees and displaced persons as rights-holders (e.g., rights of return, restitution and compensation) with states holding corresponding duties to "respect, protect and fulfill" the panoply of rights accorded to refugees and displaced persons under international law. A human rights-based approach also recognizes the concomitant rights of individuals and communities in a refugees/displaced persons' country of origin and in countries providing local integration and resettlement. This contrasts with prevailing efforts, as Rosemary Sayigh observes, to "dis/solve" the Palestinian refugee "problem" under which "[t]he 'New Middle East' must be tidied up; states, citizens and borders must correspond; and disruptive anomalies must be removed". (Sayigh 1998, 21) Emphasizing the interests of states, the corresponding balance of

This post looks at one of the objectives of the Global Compact for Refugees - resettlement and expanding access to third-country solutions - and forms part of a series of blog posts analysing the potential and shortcomings of the Global Compact on Refugees.