National and Regional Laws and Policies
on Internal Displacement

UNITED STATES

The US Agency for International Development (USAID), an agency of the United States government, is among the principal international donors in the field of internal displacement and humanitarian protection. In October 2004, USAID adopted its Assistance to Internally Displaced Persons Policy, becoming the first donor organization to issue a policy statement regarding internally displaced persons. The Policy is supplemented by ‘Implementation Guidelines’ which are intended to provide detailed, practical approaches for implementing the Policy framework.

The United States itself has also experienced internal displacement, most significantly in August 2005, when Hurricanes Katrina and Rita struck the Gulf Coast region of the United States, displacing an estimated 1.3 million people.

USAID Assistance to Internally Displaced Persons Policy and Implementation Guidelines (October 2004)

Purpose: According to the Policy, the United States’ interests in addressing internal displacement are founded on a commitment to human rights and the rule of law, and the belief that foreign assistance is a fundamental element of national security (pg. 4). The specific purpose of the Policy and Implementation Guidelines is to ensure that a broad, integrated approach is used to reduce the human costs of population displacement and that long-term development is not reversed (p. 2).

Responsibilities: USAID is identified as the US government’s lead coordinator on internal displacement, responsible for ensuring a coherent response from the US government and the international community.

The Agency undertakes to work closely with the US Department of State and other US government entities as well as UN agencies, international organizations, nongovernmental organizations, host governments and local institutions in affected countries. In the event that the host country, UN, and other international organizations do not respond expeditiously and effectively to protect and assist IDPs, USAID will advocate for the use of bilateral diplomacy (p. 5).

The Agency undertakes to use its leadership role to mobilize “concerted effort” with other donors and countries that share its commitment to ensure full support of IDPs.

Content: The Policy and Guidelines recognize some of the particular characteristics of the internally displaced, including the absence of a particular legal status and the challenge of humanitarian access. They address all phases of displacement, from humanitarian assistance, to reintegration and transition, to longer-term development.

Particular issues of note in the Policy include:

• USAID’s role according to the Policy Statement is two-fold (p. 4): advocacy, and coordination and leadership;
• Recognition of the Guiding Principles on Internal Displacement as a useful tool and framework for dealing with IDPs (pp. 2-3, 6);
• Emphasis on ‘protection’ of IDPs as well as ‘other vulnerable populations’ (p. 8).

Particular issues of note in the Implementation Guidelines include:

• Identification of strategies and programs to address pre-emergency preparedness;
• Emphasis on empowerment of IDPs and promotion of self-reliance;
• Definition of ‘protection’ and identification of protection strategies, approaches and activities.

Hurricane Education Recovery Act (2006)

Purpose: To alleviate the burden on schools hosting displaced children; facilitate the reopening of schools; allow for displaced teachers to practice in their place of displacement; and remove barriers to school attendance, particularly for the disabled.

Responsibilities: The Secretary of Education has primary responsibility for implementation of the provisions of the Act.

Content: In relation to primary and secondary schools (Subtitle A) – the Act allows for immediate services or assistance to be provided to local educational agencies and non-public schools that serve an area affected by Hurricanes Katrina or Rita; for financial assistance to be paid to such agencies or non-public schools to assist with expenses related to the restart of operations in, the re-opening of, and the re-enrollment of students.

In relation to institutions of higher education (Subtitle B) – the Act allows for the waiver or modification, in certain circumstances, of specific provisions relating to study financial assistance programs, or student or institutional eligibility provisions. Finally, in relation to disabled students (Subtitle C) – the Act allows for the extension of certain deadlines regarding provision of special education and related services to disabled students.

Provisions of note include:

• reciprocity in recognition of teacher qualifications (s. 104);
• assistance for educational agencies serving displaced youths, including in the areas of transportation; supplies, referrals for health, mental health (s. 106(a));
• payments to schools based on numbers of displaced students (s. 107(d)(2));
• funds may be used for: salaries, supplies including mobile educational units, instructional services including tutoring, transportation, health and counseling, education and support services (s. 107(e)(1));
• students with disabilities (s. 107(e)(4));
• non-discrimination in enrollment of students (s. 107(m)).