This article appears in the following Refugee Survey Quarterly issue: Displacement, Peace Processes and Post-Conflict Peacebuildiing [View the issue table of contents]
Giving Peace a Chance: Displacement and Rule of Law During Peacebuilding
* Erika Feller is the Assistant High Commissioner – Protection in UNHCR. This article is based on a speech given in Nov. 2007 as part of the London School of Economics’ International Humanitarian Law Project Lecture Series and covers developments up until that date. With appreciation to Vicky Tennant, Senior Policy Officer, UNHCR, for her support in researching the sources. The views expressed are those of the author and do not necessarily represent those of UNHCR or the United Nations.
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Abstract |
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The Office of the United Nations High Commissioner for Refugees (UNHCR) works increasingly in societies where conflict or human rights violations of massive proportions have very much relativized the notion of rule of law. These are situations in which the basic components of the machinery of protection and justice simply do not exist, or where they do exist, have lost their legitimacy. In terms of practical outcomes for their persecuted, attacked, or terrorized populations, the relevance of rule of law has to be painfully reconstructed, institution by institution, law by law, and capacity by capacity. UNHCR contributes to this effort, because it can make the difference between solutions or protracted exile for refugees, and if refugee issues go unresolved, the prospects for real and lasting peace are much diminished. The article gives a brief overview of recent developments in this area, examines the challenges the UNHCR faces, stresses the importance of prioritizing the reestablishment of the rule of law, and outlines some lessons learned. Particular challenges include competing justice systems, the tensions between "top down" and "bottom up" approaches, and the issues of land rights and the fight against impunity.