Facilitator's Notes - Brookings Institution

Time allotted for Session 8.2:
70 minutes
Time allotted for PowerPoint presentation:
40 minutes
Slide 1: Introduction
Slide 2: Overview
This presentation focuses on what is involved in durable solutions and how the Framework on
Durable Solutions helps actors identify how to achieve them. Durable solutions are intended to
be sustainable rather than temporary.
Note to facilitator: Ask participants to brainstorm about what comes to their mind when they
hear the term Durable Solutions. Note answers on flip chart.
Slide 3: Why Durable Solutions?
 Because it is not sufficient for people affected by natural disasters to survive and get
through the emergency phase.
 Because in many cases, people affected by a disaster are not able to restart normal lives on
their own when lives, houses, infrastructure and the economy are destroyed.
 Because the fact that people displaced by a disaster can return to their homes or are
relocated to a safe area does not mean that such solutions are automatically durable and
Slide 4: Unsuccessful Recovery
Note to facilitator: Ask the participants if they can point out examples for unsuccessful recovery
from their own experiences.
 4 months after the cyclone: houses are rebuilt and food distribution ends, but it will take 3 –
5 years to restore destroyed cash crops. How will affected persons feed their families?
 1 year after the big floods: houses are ready at relocations sites but people move back to
danger zones. Why?
 3 years after Hurricane Katrina: people cannot return and rebuild their houses because they
do not qualify for subsidies or cannot prove ownership. What’s their future?
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10 years after Hurricane Mitch: new settlements, solid houses, a school – but no access to
livelihoods. Should people migrate back to the parts of town from which they were
resettled because of dangers of new floods?
Slide 5: Because recovery in cases of displacement is prescribed by Guiding Principle 28
1. Competent authorities have the primary duty and responsibility to establish conditions, as
well as provide the means, which allow internally displaced persons to return voluntarily, in
safety and with dignity, to their homes or places of habitual residence, or to resettle
voluntarily in another part of the country. Such authorities shall endeavor to facilitate the
reintegration of returned or resettled internally displaced persons.
2. Special efforts should be made to ensure the full participation of internally displaced
persons in the planning and management of their return or resettlement and reintegration.
The Guiding Principles on Internal Displacement1 address all phases of displacement
(protection from displacement, protection and assistance during displacement, and durable
solutions) and set out the basic principles of a human rights-based approach to addressing
internal displacement. The Guiding Principles are based upon, reflect, and are consistent
with international human rights and humanitarian law. They have been recognized by the
2005 World Summit, the Human Rights Council, and the General Assembly as “an important
framework for the protection of internally displaced persons.”2
Slide 6: IASC Framework on Durable Solutions3
The IASC Framework on Durable Solutions was developed to address the challenge of
finding durable solutions for persons displaced by conflict and revised in 2009 based on
input from the field. The revised framework is relevant to those displaced by natural
disasters as well as conflict.
Note: Participants should have a copy of the durable solutions framework in their seminar kit. If
they have not taken time to explore it yet, you can give them a few moments to flip through the
Provides benchmarks for:
o Planning recovery processes;
o Assessing progress made; and
o Determining when displacement can be considered over.
The Guiding Principles on Internal Displacement can be downloaded at
See General assembly resolution 64/162, para. 11 & Human Rights Council resolution 6/32, para. 5.
Brookings-Bern Project on Internal Displacement, IASC Framework on Durable Solutions for Internally Displaced Persons, 2010,
Washington DC, Brookings Institution. Available at:
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These guidelines make the Framework a useful tool for identifying elements necessary for
successful post-disaster recovery, whether or not affected persons are displaced.
Slide 7: Conceptual challenge: When Does Displacement End?
Q: When do displacement and other problems caused by a natural disaster end?
Note: Ask participants to come up with criteria they think have to be fulfilled to answer that
question. Note the answers on a flip-chart.
A: Three ways of answering the question:
 When the disaster is over (cause-based criteria). The big question is when do we speak
about the fact that the disaster is over?
Note: Use an example from a recent natural disaster; for example, Pakistan floods. With floods,
can we say that the disaster is over when it stops raining? While floods had already subsided in
some parts of the country, other parts were still waiting for the floods to arrive.
 When affected persons rebuild their homes and return to them (solutions-based criteria).
 When affected persons no longer have particular needs directly linked to their having been
displaced or otherwise affected by the disaster (needs-based criteria).
A needs-based framework is most appropriate: a durable solution is achieved if displaced (or
otherwise affected) persons no longer have any specific assistance and protection needs and
vulnerabilities that are directly linked to their having been displaced (or otherwise affected) by
the natural disaster.
 The disaster may have ended, but people’s homes and livelihoods may have been
destroyed. People may return home but if they can’t access services, due for example to
lost documentation or if they can’t plant their crops because the soil is damaged, they can’t
be said to have found a durable solution
Slide 8: The Framework I
The IASC Framework on Durable Solutions identifies elements necessary to achieve a
durable solution
Combination of identifying:
o The relevant needs of IDPs (and other affected persons);
o The process necessary to enable voluntary decision of IDPs (and other affected
persons); and
o The substantive conditions necessary for making solutions (recovery) durable.
Slide 9: The Framework II
Understands that finding durable solutions is a gradual process;
Identifies the parameters of such process based on human rights;
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Identifies criteria for determining the degree to which durable solutions have been
achieved; and
Is organized around 4 questions.
Slide 10: Question 1: What is a durable solution?
A durable solution is achieved if displaced (or otherwise affected) persons:
 No longer have any specific assistance and protection needs and vulnerabilities that are
directly linked to their having been displaced (or otherwise affected) by the natural disaster;
 Enjoy their human rights without being discriminated against because they were displaced
(or otherwise affected) by the natural disaster.
Persons who have achieved a durable solution may still face needs or human rights concerns
that are not connected to their displacement or otherwise affectedness by the natural disaster,
e.g. when IDPs return or relocate to an area that was neglected and impoverished even before
their displacement, or where the wider population faces the same challenges as IDPs to
participate in elections or other public affairs.
Slide 11: Durable solutions can be achieved through
 Sustainable reintegration at the place of origin (hereafter referred to as “return”);
 Sustainable local integration in areas where internally displaced persons take refuge (local
 Sustainable integration in another part of the country (settlement elsewhere in the
People displaced by natural disasters, whatever the option chosen by those IDPs for their
durable solution, will commonly continue to have residual needs and human rights concerns
linked to their displacement. For example, IDPs who have physically returned to their place of
origin may find that they are unable to rebuild destroyed houses or reclaim their land, because
the disaster that displaced them has made the land unsafe for habitation or the land is now
occupied by others. Persons opting for local integration may not find a job or a dwelling to rent
because of discrimination against them by the resident population or authorities. Those who
settle elsewhere in the country may require humanitarian, developmental, and financial
assistance until they are able to access livelihoods, education, and health services in their new
Slide 12: The search for any of these durable solutions for IDPs should be understood as:
 A gradual, often long-term, process of reducing displacement-specific needs and ensuring
the enjoyment of human rights without discrimination. A solution may become durable only
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years, or even decades after the physical movement to the place of origin or place of
settlement has taken place, or the decision to locally integrate has been made.
 A complex process that addresses human rights, humanitarian, development,
reconstruction and peace-building challenges.
 A process requiring the coordinated and timely engagement of different actors. The range
of actors that can support durable solutions includes national and local authorities as well
as humanitarian, development, human rights and international political actors. Those actors
need to work together from the beginning of the process. Effective coordination between
humanitarian and development actors and authorities is essential. (Good practice example:
Uganda. The office of the Prime Minister’s Department of Disaster Management and
Refugees is charged with coordinating, monitoring and supervising the implementation of
the national IDP policy in Uganda. Two national level committees, the Inter-Ministerial
Policy Committee and the Inter-Agency Technical Committee, which may include members
of the humanitarian community, are also responsible for policy formulation and oversight.
At the local level, District Disaster Management Committees are tasked to implement the
national policy.)
Slide 13: Question 2: Key Principles
What key principles should guide the search for durable solutions?
 The primary responsibility of the government: national authorities need to ensure at a
minimum that the necessary legal and/or policy frameworks are in place to secure the rights
of disaster victims, especially those who are displaced, to establish effective government
structures to coordinate the national and local response; to facilitate provision of
humanitarian and development assistance; and to ensure that adequate funding, through
national budgets as well as international aid, is allocated to support the process.
 Rapid and unimpeded access to humanitarian and development actors. Although the
primary responsibility to protect and assist rests with the authorities, international
humanitarian and development actors have a complementary role.
 Needs, rights, and legitimate interest of IDPs as a primary consideration. Durable solutions
are often linked to important issues of territorial integrity, sovereignty and security.
Nevertheless, considerations based on the needs and vulnerabilities of IDPs and informed
by international human rights standards should guide laws and policies on internal
displacement on all times.
 Respect for the right of IDPs to make an informed and voluntary choice regarding
return/local integration. They also have the right to participate in the planning and
management of durable solutions strategies and programs.
 Non-discrimination: disaster victims and IDPs should neither be discriminated against on the
basis of their displacement, nor on grounds of their race, religion, gender, language,
religion, political or other opinion, national or social origin, disability, age, marital and family
status, nationality, or other status.
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 No neglect for communities (re-)integrating IDPs. The arrival and integration of IDPs will
likely place a considerable burden on existing community services and resources. Ensuring a
community-based approach that addresses the needs of IDPs and those receiving them may
mitigate risks of tensions between the two populations, and support a more effective
integration or re-integration of IDPs.
Slide 14: Question 3: How should a rights based process to support a durable solution be
 Informed and voluntary decision:
National and local authorities and humanitarian and development actors need to provide
IDPs with all the information they require to choose a durable solution, while also ensuring
that IDPs can exercise this choice without coercion. At a minimum the information
conveyed should include:
 Assessments of the general situation in the community of origin or potential
areas of local integration or settlement elsewhere in the country (political
situation, safety and security, freedom of movement, human rights situation,
legal and other mechanisms to protect rights of vulnerable groups);
 The procedures for returning, integrating locally or settling elsewhere in the
country; and
 The conditions in places of return, local integration or settlements elsewhere in
the country, including degrees of destruction; access to housing land, livelihoods,
availability of public services, conditions of buildings and infrastructure for
schools, health care, sanitation systems as well as access to assistance.
Providing information through community assemblies involving men, women and children
of a certain age and maturity may be one effective way to convey information directly to all
IDPs and thereby avoid privileging certain individuals. Public announcements through
accessible mass media are particularly useful, in particular where IDP populations are
dispersed, difficult to access or pursue durable solutions spontaneously.
 Consultation and participation of IDPs:
Processes to involve IDPs should respect existing social structures, forms of organization
and decision-making processes within IDP communities, provided and to the extent that this
does not prevent women, children, and persons with special needs and persons who are
potentially marginalized from being involved on the basis of full equality. Special efforts also
need to be made to consult IDPs on general legislative and policy proposals affecting their
rights, legitimate interests and prospects to achieve a durable solution, e. g. policies on land
zoning after and disaster risk reduction after a flood.
 Access of all actors:
National authorities should grant and facilitate safe, unimpeded and timely access to nongovernmental and international humanitarian and development actors assisting IDPs to
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return, locally integrate or settle elsewhere in the country. Access must not be arbitrarily
denied, particularly when the authorities are unable or unwilling to provide the required
humanitarian and integration or re-integration assistance themselves.
 Effective monitoring:
Monitoring helps to ensure that conditions on the ground in particular with regard to
safety, security and voluntary returns. Assessments should also include a gender analysis
and take into account persons who have special needs or might be marginalized within the
displaced population. In order to provide an objective and transparent basis for monitoring,
the criteria set out in the Framework on Durable Solutions should be translated into
indicators that are sensitive to the local context. The indicators should be developed in
close cooperation between the authorities, humanitarian and development actors and after
consultation with IDP communities.
(Good practice example: during the typhoon emergency in the Philippines in the fall of
2009, the Government emphasized relocation to achieve durable solutions for hundreds of
families who could not return to their areas of origin. The Protection Cluster conducted a
protection assessment exercise which included specific indicators for the relocation process
drawn from the Framework on Durable Solutions, such as: whether or not IDPs’ opinions
were taken into account in planning and conducting the relocation process, and the level of
access to basic services such as housing, water, health care, sanitation and basic education.
The assessment identified a number of difficulties, such as discrimination against relocated
children at school because of being labeled as “squatters.” The Protection Cluster and the
Government are successfully using the findings of the assessment to find adequate policy
solutions to these problems.)
Note: Ask participants to share good examples from their own experiences.
Slide 15: Question 4: Criteria to determine to what extent a durable solution has been
The following criteria can be used to determine whether a durable solution has been found,
bearing in mind the specific situation and context. Those criteria are underpinned by the
principle of non-discrimination. Given the complexities and challenges of many post-disaster
situations, these criteria often mark and ideal and should therefore be seen as benchmarks for
measuring progress made towards achieving durable solutions.
 Safety and security:
 Physical safety, in particular protection against re-occurrence of disaster risk /
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The protection of IDPs who have achieved a durable solution must not be less effective
than the protection provided to populations in areas of the country not affected by
 Access to national protection (law enforcement, etc.) in cases of breakdown of law and
 Adequate standard of living, including access to adequate food, housing, health care,
In this context, adequacy means that this goods and services are:
 Available to the affected population in sufficient quantity and quality bearing in
mind local context;
 Accessible, i.e. the goods and services are granted without discrimination and to
all in need, are within safe reach and can be accessed by everyone, including
vulnerable and marginalized groups, and are known to the beneficiaries;
 Acceptable, i.e. the goods and services are culturally appropriate and sensitive
to gender and age. Indigenous and nomadic people, for instance, often have
special cultural traditions when it comes to food or housing; and
 Adaptable, i.e. goods and services are provided in ways flexible enough to adapt
to the changing needs of affected populations.
 Access to employment and livelihoods:
Employment and livelihoods must allow IDPs to fulfill at least their core socio-economic
needs, in particular where these are not guaranteed by public welfare programs.
 Access to housing, land and property restitution or compensation mechanisms:
The right to restitution or compensation extends to all displaced persons who have lost
ownership, tenancy rights or other access entitlement to their housing, land and property,
whether they have formal or informal titles or rights on the basis of mere uncontested use
or occupation. People with a special attachment to their land such as indigenous peoples
require special attention. The process of restitution and compensation can be complex and
time-consuming. It is therefore not necessary for this process to be fully concludes before
IDPs can be said to have found a durable solution. Access to those mechanisms and safe and
secure residence during the process are the determining factors.
 Access to documentation:
Competent authorities need to facilitate the issuance of new documents or the replacement
of documents lost in the course of the disaster, without imposing unreasonable conditions,
such as requiring return to one’s area of habitual residence in order to obtain documents.
Women and men have equal rights to obtain documents and women have the right to have
documents issued in their own names. Separated and unaccompanied children also need to
be provided with their own documents.
 Family reunification:
Families should be reunited as quickly as possible.
 Participation in public affairs:
Freedom of assembly and movement, and the right to vote should be guaranteed.
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 Access to justice:
Securing effective remedies for the violations of international human rights and
humanitarian law which caused displacement, or which occurred during displacement, may
have a major impact on prospects for durable solutions for IDPs.
Note: The framework also provides best practice examples for all the criteria mentioned above.
Use examples from the framework or your own experience to better clarify the conditions for
durable solutions used in this slide.
Time allotted for plenary discussion: 30 minutes
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