Integrating Disaster-Induced Displacement within the Post-2015 Framework for Disaster Risk Reduction

Position Paper by the Envoy of the Nansen Initiative on the Occasion of the Preparatory Committee of the Third United Nations

World Conference on Disaster Risk Reduction 14-15 July 2014, Geneva

I. INTRODUCTION

Disasters associated with natural hazards displace millions of people each year, both within their own countries and across international borders. Between 2008 and 2012 sudden-onset disasters such as earthquakes, cyclones and floods displaced an estimated 144 million people, i.e. an annual average of 29 million.1 While the global number of people displaced by slow-onset disasters like drought is not known, in 2011 some 1.3 million Somalis were internally displaced, with 290,000 people seeking refuge across international borders in the context of the 2011-2012 Horn of Africa drought crisis and instability within Somalia.2 In the future, climate change is predicted to increase the frequency and intensity of hydro-meteorological disasters, prompting even higher levels of displacement. These large-scale displacements have a devastating effect on affected people and create particularly complex challenges for recovery and reconstruction efforts. Displacement could often be avoided or at least mitigated by taking appropriate disaster risk reduction measures.

Despite the large number of people displaced in disaster contexts around the world, to date displacement, and other forms of human mobility (voluntary migration and planned relocation), generally have received little recognition within national, regional and international disaster risk reduction plans and frameworks.3 However, it is difficult to see how the envisaged post-2015 framework for disaster risk reduction can be comprehensive and effective without explicitly addressing displacement.

This need has been recognized repeatedly. For example in May 2013, the Chair’s Summary of the Fourth Session of the Global Platform for Disaster Risk Reduction recognized displacement as an underlying risk factor, identified displaced persons as a group with demonstrated capacity to reduce disaster risk, and welcomed “the progressive development and codification of international law concerning the ‘Protection of persons in the event of disasters’” as highly relevant.4 More recently, the May 2014 Summary Statement of the 5th African Regional Platform and 3rd Ministerial Meeting for Disaster Risk Reduction recognizes the need to address human mobility within disaster risk reduction frameworks, stating:

Para. 7. Disasters are not constrained by administrative boundaries and require trans-boundary policies and programmes. Population movements induced by disasters (fast- and slow-onset) and

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long-term violent conflicts call for cross-border cooperation. The development and enhancement of sub-regional climate information and multi-hazard early warning systems can inform, and thereby improve, prevention, preparedness and early action and response5.

Paragraph 8 in the Meeting Statement from the Pacific Platform for Disaster Risk Management, held in June 2014 in Fiji recognizes migrants, among other groups, as “agents for change and their unique skills, knowledge and experience must be incorporated into disaster risk management and climate change adaptation planning and action to ensure holistic and sustainable approach to reducing risk and more effective response to hazards in the Pacific.”6

Similar conclusions were reached by participants of inter-governmental regional consultations7 undertaken by the Nansen Initiative, a state-led consultative process initiated by Norway and Switzerland to build consensus on an agenda for the protection of people displaced across international borders in the context of disasters.8 This briefing note is based on these conclusions and explores how anticipatory measures undertaken within the framework of disaster risk reduction (DRR) can play an important role in preventing or reducing the number of people who are displaced in disaster contexts, as well as preparing for displacement when it serves as a lifesaving measure to flee disaster-affected areas. It also discusses how DRR programming can support displaced people to find durable solutions through activities that strengthen their resilience to future risks when they return home to disaster-prone areas, and how to ensure that people who are already displaced are included in DRR plans.

II. KEY MESSAGES AND RECOMMENDATIONS TO THE PREPARATORY COMMITTEE OF THE THIRD UNITED NATIONS WORLD CONFERENCE ON DISASTER RISK REDUCTION

Based upon discussions within the DRR Regional Platforms and the conclusions of the Nansen Initiative consultative process to date, we suggest that the following key messages should inform the work of the Preparatory Committee with regard to addressing disaster related displacement:

• Tens of millions of people are displaced every year in the context of disasters and these numbers are likely to significantly increase in the future as a consequence of climate change. Thus, displacement constitutes one of the key challenges to disaster risk reduction.

• Such displacement has devastating consequences, but appropriate disaster risk reduction measures, including prevention and resilience building allowing people to stay but also, where appropriate, the facilitation of voluntary migration and planned relocation, help to avoid and mitigate displacement.

• In order to holistically manage disaster risks, it is important that prevention, preparedness and finding durable solutions to displacement in disaster contexts, both internally and across international borders, be recognized within the Plan of Action on disaster risk reduction.

Within the “Suggested elements for the post-2015 framework for disaster risk reduction,”9 the following additional elements are recommended:

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(1) Within the Preamble:

Disasters associated with sudden-and slow-onset natural hazards displace tens of millions of people each year both internally and across international borders.

(2) Under Section E. Implementation, Paragraph 18:

Systematically address internal and cross-border displacement within national, regional and international disaster risk reduction strategies and plans through the development of programmes and guidance to:

i) prevent and reduce displacement through identifying communities at risk of displacement, carrying out infrastructure improvements, as well as undertaking resilience building activities to reduce such risks, and recognizing migration as a potential form of adaptation to environmental degradation and planned relocation as a possible risk reduction measure,

ii) prepare for displacement that cannot be avoided through risk assessments, data collection, effective alert mechanisms, designation of evacuation sites and contingency plans, and

iii) support displaced persons, as well as those who host or receive displaced persons, to find durable solutions in the post-disaster phase through resilience building activities in anticipation of future disaster risks.

III. BACKGROUND

1. Displacement in the context of disaster risk reduction

Human mobility within the context of natural hazards and the effects of climate change takes various forms. There is no internationally agreed upon terminology to describe these different categories of movement. For the purposes of this note, and building upon paragraph 14(f) of the UN Framework Convention on Climate Change’s (UNFCCC) Cancun Outcome Agreement, the following categories of human mobility can be distinguished: (forced) displacement, (predominantly voluntary) migration, and (voluntary or forced) planned relocation. The Nansen Initiative specifically addresses the protection needs of people displaced across international borders in the context of disasters associated with natural hazards, with migration and planned relocation addressed from the perspective of preventing displacement or finding durable solutions to displacement.

While some climate patterns are undergoing shifts in the context of climate change, many natural hazards are seasonal, repeatedly affecting the same areas and populations. The underlying causes of disasters associated with natural hazards, and consequently the displacement that occurs in their wake, are complex. However displacement in disaster contexts can be analyzed through a resilience lens, applying the combination of exposure to risk and pre-existing vulnerabilities, including poverty and social marginalization, balanced by an individual or community’s capacity to cope with the impact of a natural hazard to determine the likelihood of displacement.10 Thus, in many situations displacement as well as

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migration can be addressed based upon past experience with disaster risks and future projections.11 This understanding also emphasizes the continuing role of resilience building activities in the pre-, during and post-displacement phase.

2. State responsibility to prevent and prepare for displacement in disasters

States have the primary responsibility to provide protection and assistance to their citizens. In the context of risks associated with natural hazards, this duty requires states to prepare for disasters and to do what is possible to prevent threats to the lives and property of their people, including preventing displacement.12 The state’s positive obligation to prevent foreseeable harm may also include providing support to those obliged to move from high-risk areas.13

Disaster risk reduction activities such as infrastructure improvements, evacuation plans, relocating people at risk of displacement to safer areas, land reform, promoting voluntary migration as an adaptive measure to environmental degradation, and other measures to improve resilience are all potential actions to prevent displacement. State responsibility may also require the government to mobilize relevant regional and international organizations, mechanisms and resources, particularly in regards to potential cross-border displacement.14

3. Initial Outcomes from the Nansen Initiative Regional Consultations: Recommendations for Integrating Human Mobility within Disaster Risk Reduction Strategies and Plans

As of June 2014, the Nansen Initiative has held three inter-governmental Regional Consultations in the Pacific, Central America and the Greater Horn of Africa to discuss the protection and assistance needs of people displaced across international borders in the context of disasters. In each Regional Consultation participants have consistently emphasized the importance of integrating human mobility considerations within national and regional disaster risk reduction strategies and programmes. They identified resilience-building measures as essential elements in helping communities avoid displacement, when possible, and to better cope with displacement when it does occur.

Recognizing the potential of DRR to respond to displacement issues, the Regional Consultations have also identified the persistent challenge of ensuring that disaster risk reduction and resilience building measures close the gap between development initiatives and the humanitarian response phase. At the national level, this challenge illustrates the need for coordination between government departments, and increased integration of elements of disaster risk reduction plans into development policies and national adaptation plans. They also noted that such measures should address all displacement affected communities, i.e. not only those displaced but also host communities that receive people during displacement or when seeking durable solutions.

At domestic and regional levels, this may require: i) standardized information management and needs assessments, ii) regional contingency planning, iii) development of standing funding capacity (emergency funds), and iv) strengthened coordination between national and international actors. Participants have also acknowledged that an effective response to cross-border displacement in disaster contexts requires

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an integrated, cross-sectoral approach, bringing together the fields of disaster risk reduction, disaster management, immigration, human rights, climate change adaptation and development.

This section will highlight a few key recommendations addressing disaster risk reduction from each of three Nansen Initiative Regional Consultations held to date.15

A. Pacific:

1. Strengthen the resilience of communities through risk assessments, disaster preparedness measures, disaster risk reduction measures, and development interventions.

2. Integrate voluntary migration, forced displacement, and planned relocation within national laws and policies, such as National Adaptation Plans, Joint National Action Plans, and National Disaster Management Plans.

3. Continue to strengthen and deepen education, training and upskilling of Pacific Islanders, including through qualification and accreditation alignment, so that they can migrate with dignity if they choose to do so.

4. Strengthen national capacities to identify and address the assistance and protection needs of particularly vulnerable persons among those affected by natural disasters and climate change.

5. Take measures such as land audits, demarcation of uncontested boundaries and community land mapping to facilitate the identification of land when people need to be temporarily or permanently moved, within their own country or abroad.

6. Integrate consideration of voluntary migration, forced displacement, and planned relocation within ongoing regional processes, such as the Pacific Plan Review and the revision of other relevant regional frameworks.

B. Central America:

1. Incorporate internal and cross-border disaster-induced displacement scenarios within instruments like National Disaster Risk Management Policies and National Systems for Civil Protection, as well as in the Central American Policy on Comprehensive Disaster Risk Management (PCGIR), the Central American Regional Mechanism for Mutual Assistance and Coordination (Mecanismo Regional de Ayuda Mutua ante Desastres - MecReg), the International Humanitarian Assistance Mechanisms (Mecanismos de Asistencia Humanitaria Internacional - MIAH) and the revision of the Hyogo Framework for Action.

2. Harmonize relevant definitions and concepts at the regional level regarding comprehensive disaster risk management and displacement.

3. Promote the integration of activities aimed at strengthening the resilience of communities at risk of displacement in development plans and actions, against the various risks particularly in the context of climate change, to protect water catchment areas and to recover hydrographic basins and vulnerable coastal areas.

4. Create a methodology for developing participatory assessments on the sociocultural aspects of communities displaced across borders.

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5. Develop bi-national and regional contingency plans that identify risk scenarios and formulate comprehensive disaster risk management actions to reduce vulnerability and strengthen capacity to respond to cross-border displacement.

6. Strengthen the country of origin’s effort to seek comprehensive and durable solutions, with the participation and commitment of development actors and the development sector as a whole from the initial stages, with a focus on including comprehensive risk management and climate change adaptation in local, national and regional development plans.

C. Greater Horn of Africa

1. Recognize that preventing and mitigating the impact of all forms of displacement in disaster contexts is a development issue that should be addressed within national development plans to strengthen the resilience of communities in areas at risk of displacement as well as in areas likely to host displaced people, through measures such as investing in infrastructure, livelihoods, education, and health care.

2. Integrate human mobility and the needs of communities affected by displacement, including host communities, into regional and national disaster risk reduction strategies and adaptation plans, ensuring that they are aligned with each other at all levels.

3. Consider programs that increase the resilience of pastoralist communities, such as livestock insurance, access to credit and funds, mobile schools, mobile health services, the development of industries for pastoral products, and support for alternative and diversified livelihoods.

4. Take appropriate action to implement paragraphs 7 and 8 of the Summary Statement of the 5th African Regional Platform and the Third Ministerial meeting for disaster risk reduction, which calls for cross-border cooperation for population movements including those induced by disasters (sudden- and slow-onset). Anticipate cross-border movements and plan for the provision of assistance to those arriving through strengthening and developing cross-border data collection, early warning mechanisms, and contingency and preparedness plans that draw on information from multiple countries and incorporate traditional community-based knowledge and practices.

5. Recommend to carry out disaster risk management in accordance with existing relevant legal frameworks such as the Kampala Convention and the African Charter on Human and Peoples Rights.

6. Establish and strengthen coordination and response mechanisms to address cross-border population movements in the context of climate change and disasters in all areas addressed in these conclusions, without prejudice to the sovereignty and security of the host states and the obligation of those admitted to respect the law of the land.

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1 Internal Displacement Monitoring Centre (IDMC), “Global Estimates 2012: People displaced by Disasters,” May 2013. 2 According to the UNHCR’s 2011 Global Report for Somalia, as a result of the drought, famine, ongoing conflict, insecurity and human rights violations, “an estimated 290,000 Somalis fled across the border into neighbouring countries, mainly to Ethiopia and Kenya, while more than 1.3 million were estimated to be internally displaced.” UNHCR, “Global Report 2011- Somalia” (Geneva, 2011). Available at: http://www.unhcr.org/4fc880a70.html. 3 Working closely with UNISDR, IOM has developed policy papers and operational responses to address human mobility within DRR activities. See <http://www.iom.int/cms/drr>. 4 http://www.preventionweb.net/files/33306_finalchairssummaryoffourthsessionof.pdf 5 http://www.preventionweb.net/files/37530_5afrpsummarystatementen16mayfinal.pdf 6 http://www.preventionweb.net/files/37723_37811ppdrm2014meetingstatementen201.pdf 7 Thus far, three such consultations were held in the Pacific region (May 2013, hosted by the Government of Cook Island), Central America (in December 2013, hosted by the Government of Costa Rica) and the wider Horn of Africa region (May 2014, hosted by the Government of Kenya). Additional consultations are planned for South-East Asia (in October 2014, hosted by the Government of the Philippines) and South Asia (date to be determined). 8 The Nansen Initiative is funded by the Governments of Norway and Switzerland, with additional financial support from the European Commission, the MacArthur Foundation and the Government of Germany. It is governed by a Steering Group comprised of nine Member States: Australia, Bangladesh, Costa Rica, Germany, Kenya, Mexico, Norway, the Philippines, and Switzerland. A Consultative Committee informs the process through expertise provided by representatives from international organizations addressing displacement and migration issues, climate change and development researchers, think tanks, and NGOs. The Envoy of the Chairmanship represents the Nansen Initiative throughout the process, providing strategic guidance and input. Finally, the Nansen Initiative Secretariat, based in Geneva, supports the process with additional strategic, research, and administrative capacity 9 Para. 18 (d) “Specific public policies are needed to address post-disaster recovery, reconstruction and displacement, as well as disaster risk in informal urban development and in disaster prone rural areas, such as drylands and drought-prone regions”. ISDR Secretariat, “Suggested elements for the post-2015 framework for disaster risk reduction,” A/CONF.224/PC(I)/6, 16 June 2014. 10 For a discussion on resilience and displacement in disaster contexts, see Schrepfer, Nina and Caterina, Marina, “On the Margins: The Story of Internally Displaced Pastoralists in Northern Kenya.” (NRC/IDMC, 2014) 29-30. 11 See for example the displacement modelling tool under development for the Horn of Africa region in Justin Ginnetti and Travis Franck, “Assessing Drought Displacement for Kenyan, Ethiopian and Somali Pastoralists,” IDMC/NRC, 26 April 2014. 12 Kälin, Walter and Schrepfer, Nina, “Protecting People Crossing Borders in the Context of Climate Change: Normative Gaps and Possible Approaches,” UNHCR Legal and Protection Policy Research Series (2012). See also Nansen Principle II, which confirms that, “States have a primary duty to protect their populations and give particular attention to the special needs of the people most vulnerable to and most affected by climate change and other environmental hazards, including the displaced, hosting communities and those at risk of displacement” and UNHCR, ‘Summary of Deliberations on Climate Change and Displacement’ (2011) 23 International Journal of Refugee Law 561. 13Michelle Leighton, ‘Key Issues for the Legal Protection of Migrants and Displaced Persons’ 2010 Climate Change and Migration (German Marshall Fund of the United States) 7. 14 ibid. 15 The Nansen Initiative Regional Consultation Outcome Documents are available online: www.nanseninitiative.org.

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