Access to Justice in Situations of Forced Displacement

More than 129 million people around the world are forcibly displaced as a result of conflict, human rights violations and environmental disasters. Refugees, asylum seekers, internally displaced persons (IDPs), stateless persons and returnees face unique challenges deriving from their status, or lack thereof, and are often deprived of their most basic rights such as the right to live in dignity in a safe and healthy environment. Access to legal aid is critical to ensure their immediate protection and access to basic services, and to identify temporary and long-term solutions to displacement. 

People who were forced to leave their homes present heightened levels of vulnerability and have specific justice issues and needs, such as lack of documentation or housing, land and property. They can be discriminated in their access to public services or development opportunities and are more likely to be victims of abusive practices and violent crime. Displaced women face higher risks of sexual and gender-based violence (SGBV) and are less likely to request or receive protection from law enforcement.

In crisis-affected settings, where rule of law institutions lack the capacities to deliver inclusive justice and security services and are not equipped to respond to situations of forced displacement, the risk of exclusion, discrimination and violation of the rights of the forcibly displaced becomes even higher. The protracted nature of displacement and the impact on host communities, if not addressed, also increases the risk of tension and conflict.

Advancing Access to Justice and Legal Aid in Situations of Forced Displacement: UNDP-UNCHR workshop - ROLHR Rule of Law and Human Rights

As part of its crisis responses, UNDP rehabilitates rule of law infrastructure and supports national systems to provide people-centred justice and security services to those forcibly displaced and to host communities. The aim of this support is to protect everyone from crimes and human rights violations, address disputes and resolve justice problems in a timely manner, contributing to state legitimacy, conflict prevention and peacebuilding.

These rule of law interventions can be part of UNDP’s broader responses in early recovery and stabilization programming or included in larger regional refugee response plans, in alignment with the Humanitarian-Development-Peace nexus and close collaboration with the UN Refugee Agency (UNHCR).  

Map of UNDP UNHCR Collaborations on rule of law and governance 2018 - 2021 - ROLHR Rule of Law and Human Rights