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 NRC ICLA HANDBOOK

CONTENTS

PART 1 – INTRODUCTION 5
1.1 Background to this Handbook 5
1.2 Readership 5
1.3 Using the Handbook: content and references 5

PART 2 – NRC MANDATE AND GOVERNANCE 6

2.1 NRC’s Mandate 6
2.2 NRC Governance 6

PART 3 – NRC AND ICLA 7

3.1 What is ICLA? 7
3.2 Why provide information and legal assistance? 9
3.3 The history and current deployment of ICLA 12
3.4 The ICLA Policy 13
3.5 ICLA’s legal and policy framework 15
3.6 Coordination with other core activities 21

PART 4 – ICLA ISSUES IN DEPTH 23

4.1 Civil documentation 24
4.2 Housing, land and property (HLP) 29
4.3 Gender-based violence (GBV) 38

PART 5 – ICLA ASSESSMENTS AND

PROGRAMME FORMULATION 45
5.1 Assessments 45
5.2 Programme formulation 56

PART 6 – ICLA METHODS 66

6.1 Information 66
6.2. Counselling 70
6.3. Legal Assistance 71
6.4. Advocacy 81
6.5. Protection and return monitoring 84
6.6. Capacity Building 85

PART 7 – ICLA IMPLEMENTATION 89

7.1 Beneficiary selection criteria 89
7.2 Laws & standards applicable to legal practice 91
7.3 Free service provision 92
CONTENTS

7.4 Legal aid procedures 93

7.5 Information management 93
7.6 Outreach activities 98
7.7 Communications Tools 100

 NRC ICLA HANDBOOK

7.8 ICLA in natural disasters 104

7.9 Cross-border programming 110
7.10 Building partnerships 112
7.11 Programme Monitoring 114
7.12 The Core Activity Database 116
7.13 Evaluation 117

PART 8 – ICLA OPERATIONS AND ADMINISTRATION 120

8.1 Funding 120
8.2 Human resources - international 120
8.3 Human resources - national 121
8.4 Budgets 124
8.5 Logistics 126
8.6 Corruption 126
8.7 Security 127

PART 9 – ICLA EXIT AND CLOSURE 130

9.1 ICLA Closures 130

APPENDIX 1 – The ICLA Policy 135

APPENDIX 2 – The ICLA Core Activity Database

Definitions and Users Notes 140

APPENDIX 3 – Index of resources 153

APPENDIX 4 – Index of links to NRC documentation 161

APPENDIX 5 – Sample documents from

ICLA Programmes 163
CONTENTS


 NRC ICLA HANDBOOK

ISBN 978-82-7411-196-6

This document is protected by copyright.

All rights reserved.

Reproduction of the contents of this document is prohibited

without authorization from Norwegian Refugee Council.

This handbook was authored by Angela Lenn and NRC ICLA adviser Fernando de Medina
Rosales, with contributions by ICLA staff

NRC does not necessarily share the views of the authors or institutions referred
in the handbook.

[Link]
 NRC ICLA HANDBOOK

PART 1 – INTRODUCTION

1.1 Background to this Handbook

This Handbook has been drafted to guide NRC field and HQ staff in the estab-
lishment, implementation, management and closure of ICLA programmes.
While the ICLA Policy provides the overall framework for ICLA, this Handbook
defines the scope of the key objectives identified in the policy and seeks
to provide answers to frequently raised issues, practical examples, lessons
learned and valuable materials for writing project proposals. In this manner,
NRC seeks to prevent the ‘reinvention of the wheel’ for each ICLA programme
and focus on maximising the positive impact of the programme for ICLA’s
beneficiaries.

1.2 Readership

This Handbook is intended to assist the following people at all stages of

programming:
• NRC Country Directors, Programme Directors, ICLA Project
Managers and Project Coordinators
• NRC HQ Programme Coordinators and Core Activity Advisors
• National ICLA staff
• Consultants working for NRC

1.3 Using the Handbook: content and references

This Handbook contains:

• a reference to NRC’s overall mandate and policies from an ICLA
perspective;
• a succinct review of the ICLA policy;
• information relevant to the planning, implementation, management
and exit of the ICLA programme;
• examples of programme activities and lessons learned to guide NRC
on good ICLA practices; and
• links to internal and external documents for further information on
PART 1 – INTRODUCTION

particular topics
• all internal and external resources are listed in the appendixes and
hyperlinked to the files in the CD-ROM for easy reference. When
reference is made to a document only available in html the url address
is available in the main text and the respective Appendix

This Handbook does not replace any official NRC policy or documents and is
not intended to be a complete technical resource for ICLA programmes.


 NRC ICLA HANDBOOK

PART 2 – NRC MANDATE AND GOVERNANCE

2.1 NRC’s Mandate

The Norwegian Refugee Council is a foundation that was established under

Norwegian law in 2005. Prior to 2005, the NRC was an association estab-
lished by Norwegian humanitarian aid organisations specializing in refugees.
The foundation is headed by a Board of Directors which holds the overall
responsibility for the administration of the organisation and has broad decision
making powers, including appointing the NRC Secretary General and repre-
senting the organisation in third party dealings.

NRC’s mission statement, commonly referred to as “the mandate”, reads as

follows:

The NRC shall promote and protect the rights of all people who have been
forced to flee their countries, or their homes within their countries, regardless of
their race, religion, nationality or political convictions.

This will be achieved by acting as an independent and courageous spokesman for

refugee rights nationally and internationally, by providing humanitarian assistance
in emergency situations, and by strengthening the capacity of the UN organiza-
tions to offer and coordinate international aid and protection.

The NRC shall in all ways seek to provide viable, durable solutions with regard to
both its spokesman activities and its emergency relief efforts.

2.2 NRC Governance

Under the general framework of the NRC mandate, NRC has produced a PART 2 – NRC MANDATE AND GOVERNANCE
large number of policies, Handbooks and other materials which define the
scope of NRC’s assistance and how it will be provided. Some of the most
important of these documents are listed below.

The most important documents are listed in Appendix 4


 NRC ICLA HANDBOOK

PART 3 – NRC AND ICLA

3.1 What is ICLA?

Unlike other NRC Core Activities, which are tangible and generally very familiar
to those working in the humanitarian sector, ICLA is a relatively complex and
abstract programme. Many stakeholders will be entirely unfamiliar with the
concept of using the law and information as tools to promote the rights of
beneficiaries.

Another reason why the ICLA concept can be difficult to grasp is the broad
scope for variation in programming. These variations are driven by the legal
systems and institutions with which ICLA interacts, whether the programme’s
beneficiaries are IDPs, refugees or both and whether NRC is providing assist-
ance during a conflict, post-conflict or post-disaster phase. The specific objec-
tives, modes of implementation and activities of an ICLA programme within
the well-developed judicial system of Colombia, for example, will be vastly
different to those in rural Congo, where the State may be entirely absent and
even traditional systems of justice may no longer be operating.

“Perhaps in some contexts, “ICLA” is a brand name, referring to a specific

set of activities which are well-established, consistent, and known to beneficiar-
ies, partners and authorities. Within Sudan, and in Uganda, although the NRC
programmes and activities are means to the same end – voluntary, informed and
dignified return, local integration or peaceful and sustainable reintegration of
returnees – the humanitarian contexts and the manifold activities we describe as
ICLA vary considerably”
Project Coordinator, South Sudan, 2008.

In short, however, ICLA may be described as a humanitarian assistance

programme aiming to contribute to durable solutions for displaced persons and
to fulfil their rights through the provision of information and legal services.

Within this overarching goal, ICLA’s specific objectives are to:

• overcome legal obstacles, particularly related to housing, land and
property;
PART 3 – NRC AND ICLA

• contribute to the recognition of legal status and access to rights and

1) Although this objective services that are dependent on obtaining personal documents;
is not contained in the • contribute to the solution or improvement of identified and documented
ICLA Policy, more recent
descriptions of the role issues of concern through advocacy initiatives;
of ICLA, such as in the • contribute to the best basis on which target groups can decide whether
NRC Protection Policy
(March 2008) include this to return or integrate locally; and
objective. • improve access to justice to the displaced through the provision of
legal assistance.


 NRC ICLA HANDBOOK

As all ICLA programmes involve the provision of services to beneficiaries to

assist them in fulfilling their rights, ICLA can also be described as an “applied
protection” programme. This service provision component constitutes a key
basis of differentiation between ICLA and many other human rights and
protection projects.

ICLA may also be categorised as a rights-based programme as the entire

programme is designed to promote the awareness and enjoyment of human
and legal rights of highly vulnerable populations.

The issues addressed by ICLA to achieve the above objectives, the methods
through which it addresses these issues and its specific activities, are repre-
sented in the diagram below.

This categorization of the ICLA programme into issues, methods and activi-
ties was developed in late 2008 to provide greater clarity in the definition and
implementation of ICLA and to provide standardised nomenclature across
all ICLA programmes. The representation of ICLA will not correspond with
all programmes as of January 2009. However, as new programmes are
established, the new nomenclature will be adopted. Further, not all ICLA
programmes will pursue all of the issues, utilise all methods or undertake all
PART 3 – NRC AND ICLA

activities listed in the diagram above. These are to be selected depending on

the requirements of the country context.
2) It is not necessary,
therefore, to consider how The key ICLA issues have been identified by NRC through years of firsthand
to take a rights-based experience as common problems faced by displaced persons in every
approach to ICLA as it is
already inherently rights- displacement situation and many natural disasters which constitute obstacles
based. towards reaching durable solutions. These are elaborated further in Part 4.


 NRC ICLA HANDBOOK

While Housing, Land and Property (HLP), Gender Based Violence (GBV)
and civil documentation are the key ICLA issues outlined in the ICLA Policy,
ongoing practice has shown that for ICLA programmes to remain relevant
and to be perceived as legitimate by beneficiaries, other obstacles to durable
solutions may also need to be addressed. For example, the programme in Sri
Lanka has sometimes intervened to prevent the arbitrary detention of IDPs by
assisting with the delivery of ID cards to detainees, since the lack of docu-
mentation was the cause cited for their continued detention. The right not
to be arbitrarily detained is not one of ICLA’s core issues, but under certain
circumstances, it is necessary to extend the scope of ICLA’s services for the
programme to remain relevant to the beneficiaries.

It is also important to note here that essentially every issue which consti-
tutes, or has the potential to constitute, an ‘obstacle to durable solutions’
may become a ‘legal issue’, that is, an issue which involves the violation of
a beneficiary’s legal or fundamental human rights and an issue in respect of
which legal assistance is required or provided.

For the purposes of project proposals and the introduction of ICLA to

Government and other stakeholders, the broad conceptual descriptions of
ICLA above may not suffice. Therefore, this Handbook sets out a large number
of concrete examples of ICLA methods, activities and achievements to date
which may be used to facilitate the conceptualisation of ICLA programmes
and to explain (or “sell”) the programme to others.

3.2 Why provide information and legal assistance?

It is broadly acknowledged that while in displacement, individuals and groups

are often more vulnerable than the general population and are subject to
human rights abuses, disempowerment and marginalization.

Rationale applicable in all contexts

3) As an example, ICLA
Burundi found that after
periods of massive and
In all contexts in which ICLA operates, ICLA uses information and legal assist-
prolonged displacement, ance as a protection tool or a means of obtaining the: “full respect for the
many children were born
out of marriages. Upon
rights of the individual in accordance with the letter and the spirit of the
returning, major relationship relevant bodies of law (i.e. HR law, IHL, refugee law)”.
problems have arisen sur-
rounding the acceptance
PART 3 – NRC AND ICLA

of such children, as well as Those ‘rights of the individual’ which ICLA seeks to secure through providing
in relation to question of in-
heritance of family property.
information and legal assistance (specifically with respect to civil documen-
ICLA Burundi has provided tation, HLP and GBV), may range from property rights to the right to a legal
services from its counsel-
ling centres in response
identity, shelter, education and health, to labour rights, entitlements to social
to such issues although services and Government benefits, land rights and contractual entitlements
ordinarily beyond the scope
of the programme.
(including pensions and salaries).

4) NRC Protection Policy,

Accordingly, in many instances, the rationale for providing information and
March 2008 legal assistance is that ICLA is an effective, alternative method for addressing
common humanitarian and protection issues. Both beneficiaries and 
 NRC ICLA HANDBOOK

humanitarian workers without a legal background will generally not recognize

the legal aspect of such issues. Two examples are set out below.

Example 1: Female IDPs in Nepal commonly stated that they had no legal
problems but that their biggest concern was a lack of funds to purchase school
uniforms and supplies for their children to attend school. For registered residents of
a school district, however, these items are usually provided for free. With this infor-
mation, NRC was able to advise and/or assist these IDPs to register as residents
in their district of displacement. This facilitate their access to available government
benefits and their children’s entry to school.

Example 2: In major disasters, children’s issues are usually left to the remit
of organisations like UNICEF and Save the Children, which provide assistance
to meet basic needs, including clothing and shelter. However, in the tsunami and
Pakistan earthquake, these organisations failed to identify legal guardianship as an
essential issue for the protection of orphaned children. Without the appointment
of a guardian, these children were unable to access rehabilitation schemes and
compensation which would have addressed many of their protection needs on
both short and long-term basis.

The key message from these examples is that with more rights-based informa-
tion and assistance, alternative and, in many cases, better solutions can be
found to common humanitarian and protection problems.

Possible rationales in specific contexts

Depending on the country context and the phase of the relevant conflict or
disaster, the rationale for providing information and legal assistance to
displaced persons may also be expressed using one or a combination of the
following:
• persons vulnerable to legal and human rights violations need informa-
tion to be able to make informed decisions on all issues affecting their
well-being and that of their families/communities in order to enhance
their chances of survival and/or work towards a durable solution.
• As the Special Representative for the Human Rights of IDPs has
PART 3 – NRC AND ICLA

noted repeatedly, IDPs need comprehensive information in order to

make informed decisions on which solution will best put an end to
their predicament. Awareness of legal procedures for repossessing
property, for example, might be useless if not complemented with
information regarding the socio-economic and security conditions in a
return or resettlement area.
• persons vulnerable to legal and human rights violations need to know
their rights and entitlements in order to seek remedies when viola-
tions occur in order to work towards/achieve a durable solution.
10
 NRC ICLA HANDBOOK

• persons vulnerable to legal and human rights violations need to be

able to operate effectively in legal contexts to improve their access to
and control over the systems and decisions which affect their lives in
order to achieve a durable solution.

The particular rationale used will reflect upon the stability of the legal systems in
the relevant country context. In the midst of an emergency, for example, it may
not be appropriate to raise awareness of rights and entitlements where there is
no possibility to access these due to the complete absence of functioning rule
of law systems since this may raise expectations and even endanger the well-
being of beneficiaries. Particular attention should be paid to the Do No Harm
principles in this regard. See Section 3.5.6. for more details on the Do No
Harm approach.

In post-conflict and post-disaster situations, in contrast, where systems for

enforcing rights exist, the rationale for the programme may also be described
as enhancing beneficiaries ‘access to justice’.

‘Access to justice’ is the terminology most commonly used by UN organisa-

tions such as UNDP and refers to the ability of people to seek and obtain
a remedy through formal or informal institutions of justice, in conformity with
human rights standards. Note that although ‘access to justice’ is a popular
label in the development community, it is often used incorrectly. In situa-
tions where there is no possibility of achieving justice, for example, where
there are no independent courts, this term may be inappropriate. Equally,
in certain contexts, the only way of accessing some form of justice may be
through customary or informal mechanisms which may be inconsistent with
international human rights regimes but that is the only avenue for individu-
als to overcome obstacles to durable solutions. The justice process is well
illustrated in the diagram below extracted form UNDP’s Guide on Justice
Programming: Access for All.

THE JUSTICE PROCESS

5) The term ‘legal rights’

refers to any rights and
entitlements of a displaced
person in the relevant na-
tional legal system includ-
ing customary systems of
PART 3 – NRC AND ICLA

law; ‘human rights’ is used

as a generic term to refer to
human rights law, IHL and
refugee law, in accordance
with the ICRC definition of
protection.

6) See Appendix 3, for

example, UNDP, ‘Access
to Justice Practice Note,
2004.

11
 NRC ICLA HANDBOOK

In more developed and stable contexts, the somewhat broader concept of

‘legal empowerment’ may also be used as a rationale for ICLA programmes.
‘Legal empowerment’ is a term increasingly used in development contexts and
may be described as: “the process through which the poor become protected
and are enabled to use the law to advance their rights and their interests”. 

The final rationale offered here for the provision of ICLA assistance is that,
particularly in post-conflict situations, ICLA may contribute to the strengthening
of the rule of law by encouraging the respect and enforcement of human rights
and legal rights and the accountability of decision makers, and strengthening
the capacity of Government institutions.

Further resources:
UNDP Access to Justice Practice Note

UNDP Practitioners Guide to a Human Rights Based Approach to Access

UNDP Regional Centre in Bangkok - Resources on Access to Justice

[Link]

Making the law work for everyone. Final report of the Commission on Legal
Empowerment of the Poor

7) Commission for Legal 3.3 The history and current deployment of ICLA
Empowerment, ‘Making the
law work for everyone, vol
1’, 2008. The origins of ICLA are found in the INCOR project (Information and Coun-
See also, Institute of
Development Studies, selling on Return) which has provided assistance to refugees and asylum
UK; internet portal ID21, seekers in Norway since 1995 and the Civil Rights Project (CRP), a pure legal
‘Legal empowerment: A
rights-based strategy for aid project that commenced in Croatia in 1996. The CRP was expanded into
improving governance and an NRC stand-alone programme and was extended to other countries of the
alleviating poverty’: “Legal
empowerment helps the former Yugoslavia.
poor understand and influ-
ence government, particu-
larly regarding the rights, In 2001, NRC launched ICLA as a core activity. At first, it was called ICLA-
needs and issues to which Return Facilitation. This concept was based on the experience that legal aid
they attach highest priority
... While legal empower- alone is not sufficient for refugees and IDPs to return to their places of origin.
ment contributes to good For IDPs and refugees to exercise their right to a free and informed decision,
local governance and get-
ting laws enforced, it can it was found that they also need counselling and reliable information about
PART 3 – NRC AND ICLA

also advance national legal return conditions.

and institutional reform by
educating, mobilising and
drawing on the experience In 2006, NRC adopted the current ICLA Policy and dropped the words ‘return
of disadvantaged groups”
at: [Link] facilitation’ from the programme title in order to encompass the more compre-
sights/insights43/insights- hensive concept of durable solutions: return, local integration and resettle-
[Link]
ment. As NRC gradually exited the former Yugoslavia, it began implementing
ICLA programmes in Afghanistan, Pakistan and Uganda. Caucasus, Congo,
Burundi and Sri Lanka soon followed. As of January 2009, NRC is implement-
ing ICLA programmes in 12 countries:
12
 NRC ICLA HANDBOOK

Afghanistan Conflict returnees and IDPs

Pakistan Afghan conflict refugees
Sri Lanka Conflict IDPs, including those subsequently affected by the tsunami.
Conflict IDPs, with addition of new conflict programme areas during the
Nepal
course of programme.
Conflict IDPs in North Sudan and conflict IDPs and refugee returnees in
Sudan
South Sudan (both from Uganda but also from within Sudan )
Conflict IDPs and returnees in northern Uganda and Sudanese refugees
Uganda
in West Nile
DR Congo Conflict IDPs in North Kivu, South Kivu and Katanga
Conflict IDPs, and returnees and expellees from Tanzania
Burundi
Conflict refugees from DR Congo
Liberia Conflict IDPs, returned IDPs and returned refugees
Ivory Coast Conflict IDPs
Conflict IDPs in Colombia and persons of concern in Ecuador, Panama
Colombia
and Venezuela
Conflict IDPs. In 2009, also targeting returnees, including to the former
Georgia
“buffer zone” or adjacent areas to South Ossetia and Chechen refugees.

The countries in which NRC has closed ICLA programmes to date are:
Azerbaijan, Pakistan (IDPs affected by earthquake and floods) and Angola.

3.4 The ICLA Policy

8) The introductory section
of the ICLA Policy does not
The ICLA policy was adopted in 2006. The challenge faced by the drafters
refer to the option of reset- of the policy was to develop a framework for a programme that was still in
tlement in a location other
than the displaced persons’
its infancy and constantly changing to meet the challenges of new security,
place of origin or current legal and political contexts. Today, the programme continues to develop, with
residence. However, this
is mentioned as an option
continuing efforts being made to clarify the scope of the programme. The
in paragraph 4.1.2 of the ICLA Policy remains, however, the basic framework of the ICLA programme.
policy. Paragraph 4.1.2
also refers to return as the
Key provisions of the Policy are described below. A full version of the policy is
preferred option although in attached (see Appendix 1).
the NRC Protection Policy
(March 2008) return, inte-
gration and resettlement Objectives
PART 3 – NRC AND ICLA

in an alternative location
are mentioned as equally
Within the policy’s broad objective of contributing to durable solutions for
valid, durable solutions. refugees, IDPs and returnees and to assist them to obtain their rights, the
The latter approach is also
supported by the Guiding
specific ICLA objectives set out in the Policy are to:
Principles on IDPs (see • contribute to the best basis on which target groups in exile can
section V, principles 28
– 30). Traditionally NRC
decide whether to return or integrate locally;
has abstained from provid- • overcome legal obstacles, particularly related to housing, land and
ing assistance to refugees
seeking resettlement to
property issues;
third countries, being this, • contribute to the recognition of legal personality and access to
is within the mandate of
UNHCR.
rights and services that are dependent on obtaining personal identity
13
 NRC ICLA HANDBOOK

documents;
• contribute to the improved protection of particularly vulnerable indi-
viduals, such as gender-based violence victims and female heads of
households;
• based on return monitoring, mobilise remedies to threats to protec-
tion and durable solutions; and
• contribute to the solution or improvement of identified issues of
concern through advocacy.

More recent descriptions of the role of ICLA, such as in the NRC Protection
Policy (March 2008), also include the following objective: improving access
to justice to the displaced through the provision of legal assistance.

Target groups
ICLA’s target groups primarily include refugees, IDPs and returnees, with
particular attention to be paid to vulnerable individuals and groups. Non-
displaced, other ethnic groups or host populations are classed as ‘secondary’
target groups which may be included in a programme’s scope to avoid the
perception of discrimination or bias.

Implementation
The ICLA Policy states that, generally, NRC will not use implementing partners
but may cooperate with other partners where principles of neutrality and other
NRC values are maintained. With respect to implementation, the ICLA Policy
also foresees the possibilities of:
• cross-border programming;
• the establishment of referral systems to address requests for assist-
ance outside the scope of NRC’s priorities; and
• the provision of training on legal issues to target groups and key local
actors in order to enhance understanding of rights and the applicable
law.
9) ICLA is operating
through implementing
partners in Georgia and Methods
Colombia and this option The policy refers to three basic methods: legal assistance; counselling;
is increasingly being
considered in other country and provision of information; as well as the possibility of monitoring and
programmes. advocacy.10

10) By 2008, advocacy, Phases and time frames

consistent with the NRC
Advocacy Policy, was a
The ICLA policy does not categorically state at which stage in a conflict ICLA
PART 3 – NRC AND ICLA

key feature of many ICLA should be implemented but it shapes how an ICLA programme may look in
programs.
different phases of a conflict:
• ICLA is most relevant in post-conflict situations where there are
11) In Sri Lanka and DR
Congo, ICLA has been
conditions conducive to durable solutions;
implemented in conflict • In conflict situations, ICLA will be associated with other activities, e.g.
situations. The mid-term
evaluation of the Sri Lanka
camp management to help maintain focus on durable solutions;11 and
program called for a review • ICLA should not be implemented in protracted displacement situations.
of the policy to adapt imple-
mentation to this context.
In any event, a long term perspective for engagement is necessary to ensure
enough time to finalize process cases through the legal systems.
14
 NRC ICLA HANDBOOK

3.5 ICLA’s legal and policy framework

3.5.1 International laws and standards

As noted in Section 3.1, the ICLA programme is rights-based: it aims to
promote the rights of beneficiaries which are essential for returning, resettling
or integrating locally.

The key international human rights documents which provide the framework of
ICLA, and indeed all of NRC’s core activities, are:

Conventions:
• International Covenant on Economic, Social and Cultural Rights
(1966) (ICESCR), entered into force in 197612
• International Covenant on Civil and Political Rights (1966) (ICCPR),
entered into force in 1976;
• Convention and Protocols Related to the Status of Refugees (1951)
(Refugee Convention);
• The Geneva Conventions (1949) and the Additional Protocols to
those Conventions (1977);
• International Convention on the Elimination of All Forms of Racial
Discrimination (1966) (CERD), entered in force 1969;
• Convention on the Elimination of All Forms of Discrimination against
Women (1979) (CEDAW), entered into force in 1981;
• Convention on the Rights of the Child (1989), (CRC) entered into
force on 2 September 1990; and
• Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (1984), (CAT) entered into force in 1987.

Declarations:
• Universal Declaration of Human Rights, 1948 (UDHR)

Principles:
• The Guiding Principles on Internal Displacement (1998)
(Guiding Principles);
• Principles on Housing and Property Restitution for Refugees and
Displaced Persons (2005) (Pinheiro Principles)
PART 3 – NRC AND ICLA

12) and the Optional The key international documents and Sections thereof specifically relevant to
Protocol approved in 2008 the ICLA issues and methods (including the rights to legal aid and informa-
and not yet in force pend-
ing state ratification. tion) are noted in those sections below.

15
 NRC ICLA HANDBOOK

3.5.2 Regional laws and standards

For all European treaties and related legal instruments see the Council of
Europe website: [Link]/t/dghl/default_en.asp and the website of the European
Court of Human Rights: [Link]/echr

For African regional instruments, see the recent Great Lakes Pact, which
includes four programmes of action and ten protocols. Three of those protocols
are of immediate relevance for ICLA programmes (see Appendix 3):

Protocol on the Protection and Assistance to Internally Displaced Persons

Protocol on the Property Rights of Returning Persons

Protocol on the Prevention and Suppression of Sexual Violence against

Women and Children

For other African regional instruments, see the website of the African Union
for all official documents, including decisions, declarations, conventions and
protocols:
[Link]

In December 2007, ASEAN the peak body for regional cooperation in East
Asia, executed the ASEAN Charter which includes as one of the organisation’s
purposes:
“to strengthen democracy, enhance good governance and the rule of law and to
promote and protect human rights and fundamental freedoms with due regard to
the rights and responsibilities of Member States”.13

The ASEAN Charter also calls for the establishment of a human rights body
(Article 14). Although many commentators have expressed scepticism as to
the potential of this body, it is an interesting development.

In South Asia, where NRC has worked extensively, the regional body, the
13) Charter of the Asso- South Asian Association for Regional Cooperation (SAARC),14 has doggedly
ciation of South East Asian
Nations.
avoided any discussion on human rights issues. However, several of the South
Asian states have relatively progressive constitutions and national legislation
14) More information can
and there is a wealth of vibrant and skilled regional civil society organisa-
PART 3 – NRC AND ICLA

be found at: tions.15

[Link]

15) See, for example, the

Asian Centre for Human
3.5.3 National legal frameworks: formal and informal systems
Rights and the South Asian Although gross violations of human rights may be taking place within any NRC
Forum for Human Rights
[Link]
programme country, the laws of those countries relevant to the protection and
promotion of human rights may be progressive. In such contexts, drawing on
rights enshrined in national constitutions, national legislation, judicial prec-
edents and customary or religious rules to support the promotion of benefici-
16
 NRC ICLA HANDBOOK

aries’ rights will be far more effective than referring to nebulous international
standards as governments may be reluctant to entertain international actors
and laws but cannot argue with their own constitution and laws. In such
cases, research on the relevant laws and education of local stakeholders will
be essential.

In many countries where ICLA operates, however, formal systems of law

(constitutions, jurisprudence, etc) are weak or non-existent. In such contexts,
advocacy initiatives to encourage or support law reform may be included as
key components of ICLA programming (see Section 6.4 for more information).
Alternatively (or additionally) informal systems of justice, including all functional
customary and religious systems, may be targeted in ICLA programming.

In most countries in which ICLA operates, informal justice systems are

extensively used. In Afghanistan, for example, more than 80% of disputes
are resolved through informal justice systems. In South Sudan, this figure
has been reported as over 90%. Supporting such systems (such as through
capacity building initiatives) or interacting with informal systems (by using
these systems for the resolution of disputes involving ICLA beneficiaries) is
extremely important. These systems are culturally appropriate, perceived to be
more legitimate than formal systems, generally more familiar and accessible
(in terms of cost, geography, language, etc), are usually quicker and cheaper,
focus on social harmony and therefore may mitigate conflict.16

On the other hand, interaction with informal systems requires care by ICLA
as, frequently, decisions may be made or rules followed that are inconsistent
with human rights standards, particularly with respect to the rights of women,
children and minority groups. Procedural fairness and enforcement capabili-
ties may be entirely lacking and if decisions are not recognised within the
national legal framework, resolutions achieved within informal systems may
not be sustainable. Informal justice systems, particularly in a conflict or post-
conflict context, may also be susceptible to domination by the local elite and
a lack of accountability.

In Afghanistan, NRC comprehensively researched and analysed the use of

jirgas, shuras and private medication for the resolution of local disputes. NRC
concluded that ICLA’s support of and interaction with informal justice systems
was highly appropriate, except with respect to criminal cases and in spite of
16) UNDP, (E. Wojkows- the informal systems’ sometimes problematic treatment of women’s rights.
PART 3 – NRC AND ICLA

ka) ‘Doing Justice: How

informal justice systems
can contribute’, 2006, pp For more information see the NRC Position Paper on the Relationship between
16 - 19 Formal and Informal Justice Systems in Afghanistan (see Appendix 5)

17
 NRC ICLA HANDBOOK

Further resources:

Protecting Internally displaced persons: Manual for Law and Policymakers

UNDP, (E. Wojkowska) ‘Doing Justice: How informal justice systems can
contribute’17

3.5.4 Durable solutions

Durable solutions are at the core of NRC’s mission statement:

The NRC shall in all ways seek to provide viable, durable solutions with regard to
both its spokesman activities and its emergency relief efforts.

Durable solutions are different for refugees and IDPs. Some agencies refer to
three durable solutions for refugees: voluntary repatriation, local integration or
resettlement in a third country. This concept derives from the 1951 Refugee
Convention and implies a change in the legal status, i.e. a refugee is no longer
a refugee. However, the change in legal status does not mean that refugees
will not face obstacles to reintegrate in their country of origin or integrate in
their country of asylum. Hence, NRC may continue to provide assistance to
refugees who are no longer refugees because they have returned or inte-
grated locally.

Unlike Article 1C of the 1951 Convention on the revocation of refugee

status, the Guiding Principles do not contain any cessation clauses that
would determine when their application ceases. Hence, there is no absolute
consensus on durable solutions to internal displacement, partly because
internal displacement is not a legal status that can be brought to an end. Yet,
the possibilities are very similar to those of refugees, except that all take place
within the borders of a country: return to the place of origin, local integration
in the areas of refuge or settlement in another part of the country. Displaced
persons are no longer IDPs in the sense of the Guiding Principles if they
17) See, in particular, “have returned to their homes or places of habitual residence” (Principle 29)
PART 3 – NRC AND ICLA

Chapter 5 on ‘how to
engage with informal but they continue to enjoy the rights of returnees as long as they need such
justice systems’ protection (Principles 28-30). Once they are (re)integrated, have regained
18) The Legal Dimen- their property or received compensation and are no longer discriminated
sion by Walter Kälin. This against because of their former displacement, the Guiding Principles cease
Article originally appeared
in Forced Migration Review to apply.18 Displacement ends when one of these solutions is found and all
Issue #17 in 2003. displacement related discrimination against IDPs stops.

18
 NRC ICLA HANDBOOK

Further resources:
UNHCR Framework for Durable Solutions for Refugees and Persons of
Concern

When Displacement Ends: A Framework for Durable Solutions, Brookings

Institution

Durable Solutions for IDPs in Protracted Situations: Three Case Studies,

Brookings Institution

UNDG Guidance Note on Durable Solutions for Displaced Persons

3.5.5 NRC Policy on Protection

Through its Protection Policy, NRC has adopted the International Committee
of the Red Cross’s definition of ‘protection’, that is:
“The concept of protection encompasses all activities aimed at obtaining full
respect for the rights of the individual in accordance with the letter and the spirit
of the relevant bodies of law (i.e. HR law, IHL, refugee law).”19

In order to contribute to the protection and promotion of the rights of NRC’s

target groups, the Protection Policy requires NRC to:
• ensure a rights-based approach to all programme activities;
• encourage the responsibility of the State to protect persons within its
borders;
• ensure the accountability of NRC to stakeholders;
• apply the concepts of universality and non-discrimination, while
recognizing the need for targeting relative and gender-specific
concerns; and
• apply the principle of ‘Do No Harm’ (see also Section 3.5.6).

Protection is required to be mainstreamed in all NRC programmes in line with

the specific protection focus of each core activity and the political and human-
itarian situation in the country of operation. For ICLA, the ‘specific protection
focus’ is contained in the objectives in the ICLA Policy (see Section 3.4), with
PART 3 – NRC AND ICLA

the additional goal of providing legal assistance to improve access to justice

for the displaced. To that effect, Protection and Advocacy Adviser positions
have been established in many countries to support managers in mainstream-
ing protection in the core activities.
19) NRC Protection Policy,
2008

19
 NRC ICLA HANDBOOK

In accordance with the Policy, ICLA must ensure that all of its programme
staff and particularly managers are trained on mainstreaming protection,
including advocacy, into humanitarian assistance activities and the NRC
Code of Conduct.

Further resources:
ALNAP, ‘Protection: an ALNAP Guide for Humanitarian Emergencies’

Handbook for the Protection of Internally Displaced Persons of Global

Protection Cluster Working Group

Refugee Protection in International Law

[Link]

3.5.6 Do No Harm and ICLA

The ‘Do No Harm’ principle is an essential standard by which NRC conducts
its activities. This principle is addressed in the Protection Policy but warrants
specific mention here.

‘Do No Harm’ means that the negative impacts of humanitarian aid should be
eliminated and positive contributions improved.

This principle is given effect in the NRC Protection Policy as follows:

“NRC will carefully consider whether any assistance programme or advocacy
activity is likely to place target groups, individuals or others at risk through security
threats, deprivation of basic services, and/or by compromising the dignity and
integrity of people affected by displacement.”

‘Do No Harm’ is highly relevant to ICLA programmes, which regularly deal

with highly sensitive issues, often of a political nature. If not properly managed,
ICLA has the potential to do great harm. Just a few examples are as follows:
• exposing the political opinions or affiliations of beneficiaries;
• exposing victims to risks of violence and other forms of retribution by
encouraging them to speak out;
• increasing tensions and violence in host communities through the
PART 3 – NRC AND ICLA

insensitive provision of services; and

• providing flawed information to beneficiaries who act to their
detriment on the basis of that information.

It is essential that project managers measure all programme objectives and

activities against the ‘Do No Harm’ principle. Staff training on this concept is
required at all levels of the ICLA programme.

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 NRC ICLA HANDBOOK

3.5.7 Gender Policy

The NRC Gender Policy published in October 2007 and available on the
NRC intranet, sets out the following objectives on gender:
• to ensure that all NRC programmes benefit men, women, girls and
boys according to their different needs;
• to involve male and female beneficiaries in planning their assistance
and protection;
• to take steps to ensure that a gender perspective is integrated in all
NRC’s actions, including advocacy, reporting and policy documents;
• to promote equal opportunities for men and women at all levels within
NRC; and
• to prevent and respond to sexual exploitation and abuse in the
framework of NRC operations.

Methods of integrating a gender perspective into the ICLA programme are

discussed in detail in the Sections on Project Formulation and Implementa-
tion below.

Again, it is essential that all ICLA staff receives training on gender and NRC’s
approach to gender.

Further resources:
Inter-Agency Standing Committee (IASC), ‘Women, Girls, Boys and Men
– Different Needs Equal Opportunities, Gender Handbook in Humanitarian
Action’

UNHCR Handbook for the protection of women and girls

3.6 Coordination with other core activities

The ultimate goal of all NRC activities is to achieve durable solutions for
displaced persons. Evidently, working together as one organisation, rather
than separate, distinct programmes, NRC can be more effective. Program-
mematic and advocacy synergies between projects are to be identified and
set in the country strategy, Balanced Score Card and applicable core activity
strategies. Primary responsibility for ensuring an integrated approach by all core
activities lies with country- and programme directors. Core activity advisers in
PART 3 – NRC AND ICLA

Head Office and managers on the ground shall deliver the technical direction
required to ensure consistency amongst the different services delivered.

The manner in which ICLA coordinates with other core activities depends on
the context, the type of ICLA programme and the form and content of those
core activities. At a minimum, however, coordination should include:
• sharing knowledge, experiences and lessons learned
• leveraging each other’s contacts and relationships
• ensuring assistance provided is complementary
• sharing resources such as office facilities. 21
 NRC ICLA HANDBOOK

In addition, ICLA Project Managers should consider the following:

• providing services to the same beneficiaries to avoid duplication of
beneficiary identification and information collection efforts;
• using staff from other core activities as resource persons for ICLA
information and capacity building activities (and providing the same to
those core activities);
• including ICLA beneficiaries and other stakeholders in workshops or
capacity building activities (internal or external) being run by other core
activities (and vice versa); and
• as ICLA will usually commence subsequent to the establishment of other
core activities, recruiting or ‘borrowing’ staff from other programmes to
facilitate transfer of knowledge to ICLA and expedite programme start-
up.

Example - Cooperation amongst core activities:

For shelter assistance to be sustainable, beneficiaries should have rights to the

land on which the shelter stands and there should be a reasonable assumption
that those rights will be permanently respected and fulfilled by the state and other
actors, to prevent forced evictions. Rights to land should be part of the selection
criteria for return programs and ICLA teams can assist in verifying the validity of the
rights. Country programmes, such as Afghanistan or Uganda, have started a more
systematic approach to shelter and ICLA.

For more information, see Appendix 4:

NRC Shelter Handbook

NRC Camp Management Handbook

NRC Education Handbook PART 3 – NRC AND ICLA

22
 NRC ICLA HANDBOOK

PART 4 – ICLA ISSUES IN DEPTH

As noted in the Section 3.1, civil documentation; housing, land and property;
and GBV are the key ICLA issues specified the ICLA policy.

When implementing an ICLA programme around any or all of these issues, it is

essential that both national and international staff have acquired the necessary
expertise. As stated in the International Bar Association’s rules:

“It is improper for lawyers to accept a case unless they can handle it promptly
and with due competence”.20

If the staff recruited does not have a thorough understanding of the applicable
laws, which may well be the case, they need to acquire it. It is imperative for
each ICLA programme to reach a point at which it can state with confidence
that it is a national expert in the issues which it handles. This can be achieved
through a number of means, including:

• hiring one or two staff members with the requisite knowledge who can
train other team members. As detailed further in Section 8.2, additional
international assistance may be required for this purpose; or

• selecting team members to conduct sustained research on the

relevant topics; to draft comprehensive reports and share with team
members (see parallel recommendations throughout this document,
including in Sections 3.5.3 and 5.1.1 ).

Similar recommendations have also been made in ICLA evaluations:

• “NRC should develop [in each country context] specific policies and
positions regarding all major challenges impacting target groups:
e.g., land and property issues; durable solutions and villagisation
in order to ensure consistent interventions between and within
programmes. These policies and positions should be widely known
and understood by all staff and fully incorporated into the daily
work.” ICLA Burundi Evaluation, March 2008, page 7
PART 4 – ICLA ISSUES IN DEPTH

• “ICLA should revive research and writing of thematic reports based

on lessons learned and recommendations from field offices ... E.g.
lessons from the documentation process to inform ongoing Law
Reform of the Registration Act; and lessons from Maintenance cases
to inform ongoing revision of the Muslim Marriage and Divorce Act.”
20) International Bar As- ICLA Sri Lanka Evaluation, March 2008, page 6
sociation Code of Ethics,
at p 2

23
 NRC ICLA HANDBOOK

4.1 Civil documentation

Assisting beneficiaries with civil documentation-related concerns has been a

feature of the ICLA programme since its inception. This issue has been given
a variety of names across the ICLA programme, including documents of ‘legal
identity’ and ‘personal documents’. The standardized terminology that will be
used in the Core Activity Database is ‘civil documentation’.

4.1.1. Normative framework

Civil documentation related rights which most donors and national counter-
parts will be familiar with a child’s right to be registered immediately after birth
and to have a name (ICCPR Article 24(2) and CRC Article 7(1)). Another is
the right to registration of marriages to ensure respect for the equal rights
of both parties under CEDAW, Article 19(2). Under the Refugee Conven-
tion and the Fourth Geneva Convention, states are also specifically obliged
to ensure that vulnerable groups such as refugees and interned civilians in
occupied territories are provided with basic documentation.21

Other major human rights instruments clearly contain a right to identity and
recognition. Depending on the country context, civil documentation may be the
only means of exercising these rights. The UDHR, for example, provides:

• Everyone has the right to recognition everywhere as a person before

the law (Article 6);

• Everyone has the right to a nationality (Article 15(1));

21) Refugee Convention,
Articles 25(2) – (3): The
authorities “shall deliver • Everyone has the right to take part in the government of his country,
or cause to be delivered
under their supervision to directly or through freely chosen representatives (Article 21(1)) – this
refugees such documents right is usually only exercisable by those who have national identity
or certifications as would
normally be delivered to papers; and
aliens by or through their
national authorities,” which
are to be accepted as proof • Everyone has the right of equal access to public service in his country
of identity “in the absence (Article 21(2)) – again, this right can often only be exercised by
of proof to the contrary”.
Fourth Geneva Convention, persons with identity papers.
Article 97(6): when civilians
are interned by occupying
PART 4 – ICLA ISSUES IN DEPTH

powers, “family or identity

documents in the posses- Further resources:
sion of internees may not
be taken away without Brookings Institution, ‘Protecting Internally Displaced Persons: A Manual for
a receipt being given... Law and Policy Makers’, (specifically see chapter 11)
internees shall never
be left without identity
papers, and... if they do
not possess any identity
documents, the detaining
Humanitarian Reform, Global Protection Cluster Working Group, ‘Handbook
authorities must issue them for the Protection of Internally Displaced Persons’, specifically see part V,
special documents which
will serve as their identity
Chapter 2
papers for the duration of
their internment.”

24
 NRC ICLA HANDBOOK

4.1.2 Importance of civil documents

Depending on the country context, civil documents may be important for the
following reasons:
To facilitate access to both governmental and private entitlements and/or
facilities, including:
• health services;
• educational facilities;
• opening a bank account or purchasing a mobile phone;
• obtaining credit from banks or Government schemes;
• voting;
• obtaining legal employment;
• accessing rights derived from employment, i.e. pension rights,
subsidies, etc
• access to post-conflict/disaster compensation and rehabilitation
schemes;
• land allocation schemes or property restitution mechanisms (i.e. as
proof of former residence);
• to secure freedom of movement.
As an effective protection tool, for example:22
• to counter underage military service or conscription;
• to counter forced marriage of under-aged girls;
• to prevent the treatment of children as adults in the judicial system;
• to secure a person’s right to a nationality;
• to facilitate anti-trafficking efforts, including repatriation and family
reunion;
• to help enforce labour laws on minimum ages for employment.

4.1.3 Reasons not to provide civil documentation assistance

ICLA staff often refers to civil documentation as the ‘bread and butter’ of
ICLA programmes. Documentation work is relatively conceptually simple; it
can easily be explained to beneficiaries and local stakeholders; the impact
of providing civil documents may be immediate and visible; and the tangible
and quantifiable nature of the work can provide immediate job satisfaction for
staff. Many donors also appreciate civil documentation services for most of
these reasons.
PART 4 – ICLA ISSUES IN DEPTH

None of the above, however, justify ICLA’s engagement in civil documentation

22) These examples are where there are existing national systems to handle these tasks. The introduc-
listed on the UNICEF tion of a third party between civilians and their institutions bears the potential
website: [Link]
org/protection/index_birth- risk of inhibiting the capacity and accountability of those institutions. Providing
[Link] assistance to beneficiaries where that work could be done by the beneficiary
23) For a more detailed themselves is a waste of resources and can create dependency. Equally, in
explanation of the impact of certain contexts the general population does not understand nor enjoy civil
legal identity in empower-
ment and poverty reduction documentation and providing such assistance only to NRC’s target groups
please refer to the first may be counterproductive. In such contexts, it may be useful to link ICLA
chapter in volume II of the
report of the Commission services to ongoing programmes. These are usually implemented by larger
on Legal Empowerment. development agencies aiming at longer term structural impact, for example
poverty reduction or women empowerment.23
25
 NRC ICLA HANDBOOK

The Asian Development Bank has also cautioned against the provision of civil
documents to beneficiaries. Although the following quote relates specifically
to birth certificates, it could equally apply to other forms of civil documenta-
tion:
“Too often programmes aimed at increasing civil registrations are based
on an inadequate problem analysis that fails to differentiate between inter-
mediate and ultimate outcomes. While recognizing the right to be regis-
tered at birth as a human right, the ultimate goal is not simply to increase
registration rates but to improve access to services, benefits, protections,
and opportunities. Programme interventions often seem based on the
assumption that the distribution of birth certificates will lead to human
rights protections and better distribution of resources and opportunities.
The research shows … this assumption is misplaced. The goods asso-
ciated with legal identity do not automatically flow from the possession
of a birth certificate.”24

4.1.4 Reasons ICLA should provide civil documentation assistance

In light of the above, before commencing civil documentation services, NRC
should consider the following:
Could involvement in civil documentation by NRC be counter-productive to
the NRC goal of seeking responsibility by State actors?

NRC’s Protection Policy states: “Any protection efforts undertaken by the

organisation ... will be conducted in a manner which foremost seeks to
ensure that States meet their legal obligations to protect their citizens”.

In some countries, ICLA has assisted with the completion of application

forms, the delivery of applications to the relevant authorities, subsidiz-
ing fees, collection of the certificates and their return to the client. This
approach should not be used unless absolutely necessary and always
in conjunction with some kind of capacity building or advocacy activity
seeking to encourage the State to fulfil its obligations.

Particularly in disaster situations, where the Government technically has

the capacity and will to process documents itself and only needs to re-
establish those services in the wake of the disaster, creating any parallel
PART 4 – ICLA ISSUES IN DEPTH

mechanisms for the procurement of documentation may create a habit of

dependency on the part of the citizens and weaken the relevant Govern-
ment institutions. In such cases, NRC may provide temporary assistance to
the Government to cope with the massive increase in document requests
created by unforeseen events. In some instances, assistance may take the
form of temporary in-kind support such as providing materials to issue the
documentation at the immediate aftermath of the emergency.
24) Asian Development
Bank, Legal Identity for How direct is the link between civil documents and the benefits which they
Inclusive Development,
pp 73 – 74. (theoretically) entitle beneficiaries to access?
In many contexts, regulations as to the documents required to access
particular benefits will be applied irregularly. If beneficiaries in Congo, for
26
 NRC ICLA HANDBOOK

example, have always obtained educational scholarships without a birth

certificate, even though this is a legal requirement, is there anything to be
gained by assisting IDPs procure this document?
Consider also that providing information on civil documents may not be
enough to help beneficiaries if:
• registration costs are prohibitive;
• procedures for accessing documents are cumbersome; and
• beneficiaries will suffer from discriminatory behaviours during the
application procedures on the basis of gender, caste, ethnicity, etc.
Do the benefits of procuring documents outweigh the costs?
Even if beneficiaries have all their civil documents, will they be prevented from
accessing the required services anyway, e.g.
• those services do not exist (consider, for example, remote areas of
post-conflict Sub-Saharan Africa);
• they are discriminated against by the relevant service providers on the
basis of gender, caste, ethnicity, literacy levels etc; or
• they are illiterate or do not have the know-how to access the relevant
services?

For more information, see, for example: the Asian Development Bank’s
legal identity project, including:
[Link]

The above comments do not suggest that civil documents are neither important
nor worthy of ICLA intervention. However, it is necessary to fully consider the
context rather than jumping in as an ‘easy’ ICLA issue to address and without
developing necessary complimentary activities, including capacity building of
local authorities and a strong advocacy strategy.

Assistance with civil documentation may be justified in situations where::

• the displaced persons face resistance from their own governments or

neighbouring governments. For example, the applications for national
identity cards by Sri Lankan Tamils in conflict areas were often delayed by
25) The external evalu-
more than 2 years or not processed at all. In other cases, vulnerable and
ation report of the first illiterate people may never have had documents, procedures for obtaining
PART 4 – ICLA ISSUES IN DEPTH

12 months of the ICLA

program in the wake of
them are very complicated and the authorities uninterested in assisting.
the earthquake in Pakistan
provided an analysis of
the cost and time involved
• there are legal obstacles to obtaining civil documentation. For instance,
for beneficiaries to obtain if an IDP wants to be registered as an IDP in order to access assist-
different documents by
themselves. Some docu-
ance but is rejected on the basis of a local by-law or due to the misin-
ments cost beneficiaries terpretation of the applicable legislation by the local bureaucracy.
(including travel expenses)
more money than the
monthly subsistence al- • distances and travel costs prevent people from accessing civil docu-
lowance/livelihood cash
grant. Beneficiaries, relying
mentation - registry systems in all countries require the beneficiaries
on subsistence allowance to reach to the services, rather than the services reach out the benefi-
for survival, cannot be
expected to spend that
ciaries. This constitutes a major obstacle for many vulnerable persons,
amount for a document. particularly during an emergency25 where security is also a consideration.
27
 NRC ICLA HANDBOOK

While distance and travel expenses affect all people, evidently, the vulner-
able are disproportionately affected.

Example: In Pakistan (earthquake), the cost to an individual beneficiary of

obtaining domicile certification was estimated at 10-15 times the processing
cost for NRC, the difference being ‘unofficial costs’ charged at each stage of the
process and travel expenditure incurred by individuals.

• displaced persons are constrained by restrictions in movement due to

security threats. For example, Serbs in Kosovo could not visit registry
offices without a military escort.

• economies of scale, that is, where there is a short-term need for process-
ing a large volume of documents, such as subsequent to natural disasters.
For example, if documents are required for accessing compensation
schemes but may have been lost or destroyed in the disaster, or perhaps
never obtained; these needs will create extraordinary demands with which
registry systems, that may already been weak and lacking capacity, are not
designed to cope.

• ICLA has, in some contexts, handled documentation cases in very high

volumes.26 For example, the ICLA Pakistan earthquake programme
handled 30,258 documentation cases and obtained 24,466 documents in
28 months. ICLA can do this by taking 50 or more document applications
in each mobile visit, process the applications, and take them all together
to the registry office. This process saves time and travel expenses of all
the beneficiaries at the expense of a single trip for ICLA. It also reduces
the workload of the registry offices. Instead of entertaining large crowds of
beneficiaries, registry offices receive all the requests from a single source.
This factor is immensely beneficial for the registry offices whose capaci-
ties are diminished by the disaster, or overwhelmed by a huge volume of
requests.

• beneficiaries are not aware of the immediate importance of civil documen-

tation - in disaster situations particularly, affected communities justifiably
PART 4 – ICLA ISSUES IN DEPTH

26) In 28 months ICLA

Pakistan EQ program perceive food and shelter as their top priorities. Unless efforts are taken by
handled 30,258 documen-
tation cases and obtained
an organisation such as NRC to inform communities about the importance
24,466 documents. of civil documents, those communities may not attempt to procure their
documents until it is too late to participate in compensation schemes or
27) Consider the 300 Rs claim citizenship. Often host communities and the general population are
(5$) birth certificate fees in
Manshera district of Paki-
also unaware of the importance of civil documentation and should also be
stan. A day labourer family targeted by awareness raising activities.
with 4 children would have
to spend almost a week’s
wage to cover the costs of • the cost of civil documents is prohibitive: stamp duty, documentation fees
birth certificates for their
children.
and corruption related charges discourages poor and vulnerable benefi-
ciaries for applying for documents.27 ICLA may pay for all or part of the
fees (for vulnerable persons selected in accordance with ICLA’s criteria
28
 NRC ICLA HANDBOOK

for selecting beneficiaries only (see Section 7.3 for more information) -
these costs must, of course, be budgeted (see also notes on budgeting
in Section 8.4)

• corruption unduly enhances the cost of civil documents. ICLA can help
counter the effects of corruption, for example, by publishing information
and increasing the awareness of beneficiaries on the correct fees and
steps for processing various documents and advocating for greater trans-
parency by the relevant authorities.

4.1.5 Civil documentation in natural disasters

In all ICLA natural disaster programmes to date, civil documentation has
constituted a major programme component. As noted above, sudden onset
natural disasters may generate immediate demands for large volumes of civil
documents.

In the ICLA Pakistan (earthquake) programme, more than 50% of work related
to documentation. After the tsunami in Sri Lanka, documentation comprised
approximately 80 to 85% of ICLA’s caseload. In Sindh-Beluchistan (Pakistan
floods) this figure was almost 100%.

The number of documentation requests received and resolved in all natural

disaster programmes was significantly higher than in ICLA conflict programmes.
This is a product of the countries in which these disasters were conducted,
the high demand for documentation created by compensation schemes
and importantly, the willingness of the relevant governments to issue the
documents. For more information on ICLA in natural disasters, see Section 7.8.

There is scope for debate as to whether the civil documents to which ICLA
facilitates access in the aftermath of natural disasters should be either directly
or indirectly linked with the reconstruction and rehabilitation process. For
example, ICLA’s internal assessment of the Sindh-Beluchistan flood response
showed that most of the national identity cards obtained by ICLA on behalf
of IDPs were not used for claiming any flood-related entitlement from the
government.
PART 4 – ICLA ISSUES IN DEPTH

4.2 Housing, land and property (HLP)

Housing, land and property are complex concepts. Although they are clearly
differentiated in the international normative framework, it is very common in
the humanitarian protection terminology to use the blanket term “HLP” to
refer to all of them. This can be misleading and it is important to distinguish
among them.

29
 NRC ICLA HANDBOOK

4.2.1 Normative framework

Property rights
An individual’s right to property is perhaps less extensively described in the
key international documents than other rights which ICLA may address. This
is largely a result of the ideological differences of the Western and Eastern
bloc countries during the Cold War, the period during which both the ICCPR
and ICESCR were drafted.28

The UDHR, however, clearly states in Article 17(1) and (2) that: “Everyone
has the right to own property alone as well as in association with others” and
that “No one shall be arbitrarily deprived of his property”.

With respect to refugees, Article 13 of the Refugee Convention grants refugees

“treatment as favourable as possible and, in any event, not less favourable
than that accorded to aliens generally in the same circumstances, as regards
the acquisition of movable and immovable property and other rights pertain-
ing thereto.”

With respect to women, CEDAW Article 16 protects the equal rights of

women with respect to ownership, enjoyment and disposition of property.

For IDPs, Principle 21 of the Guiding Principles states that no IDPs should
be arbitrarily disposed of their property and possessions and calls for the
protection of property and possessions against certain acts, such as pillage
or destruction. Principle 21 also calls for protection against arbitrary or
illegal appropriation, occupation or use of the property left behind. In the
post-displacement phase, Principle 28 imposes an obligation on competent
authorities to assist returned and/or resettled IDPs recover their property or
provide/assist with compensation or just reparations.

Housing rights
The rights to housing, shelter and an adequate standard of living are also not
free from controversy in the international doctrine. The origins of the contro-
versies originally lie with the Cold War ideological differences and later have
evolved to discussions around the scope of economic social and cultural
PART 4 – ICLA ISSUES IN DEPTH

rights, especially their justiciability. These debates have been partly eased
with the authoritative interpretations of the ESCR Committee. Housing rights
are enshrined in a number of human rights conventions:

• ICCPR, Article 17.1: “all persons should be protected from arbitrary or

unlawful interference with their home”;

• ICESCR, in particular Article 11, on the right to an adequate standard

of living. General Comment #4 on the right to adequate housing, #7
28) See generally, Uvin, P., on forced evictions, and #3 on the nature of the obligations of state
Human Rights and Devel-
opment, Kumarian Press, parties. Of particular importance for ICLA is the possibility of fulfilling
Bloomfield, USA, 2004, the rights by pursuing judicial or other effective remedies;
pp 9 – 13.
30
 NRC ICLA HANDBOOK

• Convention on the Elimination of All forms of Racial Discrimination,

Article 5 on the right to housing;

• CEDAW, Article 14 paragraphs 2(g) and (h) on equal treatment for

women regarding land and agrarian reform and the right to adequate
living conditions, including housing;

• Protocol (1977) Additional to the Geneva Conventions (1949)

regarding the protection of victims of non-international armed conflicts,
including Articles 16 and 21 on the rights to adequate housing and
inheritance respectively;

• CRC, Article 27 (3) on the right to adequate housing;

• Refugee Convention, Article 21 on the obligation of states to accord

to refugees lawfully staying in their territory treatment as favourable as
possible and, in any event, not less favourable than that accorded to
aliens generally with regards to housing;

• Guiding Principles on IDPs sets out the rights to housing over three
different phases: prior to, during and after displacement. For example,
Principle 6 contains a prohibition on arbitrary displacement from a
person’s place of habitual residence. See also Principle 14 (right to
choose place of residence), Principle 15 (rights relating to forcible
return or resettlement), Principle 18 (right to an adequate standard of
living for IDPs, including basic shelter and housing) and Principle 28
(voluntary return to habitual places of residence).

Land rights
The right to land is not explicitly recognised by the international human rights
system. In general, land rights in displacement contexts are usually associ-
ated with infringement of property rights and to restitution or compensation.
However, rights to land are deemed essential to the fulfilment of many other
human rights such as the right to food, to peaceful enjoyment of possessions,
to housing, to gender equality and many others. Further, access to land is
essential not only for return but also for local integration and resettlement of
PART 4 – ICLA ISSUES IN DEPTH

ICLA’s target group.

A discussion of the human rights dimension of land is beyond the scope of

this Handbook. Yet, a few useful examples and resources to note are:

• ILO Convention Concerning Indigenous and Tribal Peoples on access to

and use of land and the right to restitution or compensation for lost lands

• ICCPR, Article 27 on the right of minorities has also been interpreted

as including rights to land in settings where land is an essential element
of the culture

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 NRC ICLA HANDBOOK

• CEDAW, Article 14 calls State parties to take appropriate measures

for women to enjoy their right to equal treatment in land and agrarian
reform, as well as in land resettlement schemes;

• Guiding Principles on IDPs, Principle 9 contains special protections

for indigenous peoples, pastoralists etc, with a special dependency on
their land.

Security of tenure
Security of tenure cuts across housing, land and property rights. It is the
central regulatory means by which people can be protected against displace-
ment (including forced evictions), harassment or other threats. As one of the
core contents of the right to adequate housing, security of tenure – whether
formal, informal, customary or in other forms – should be sufficiently strong to
protect people against any form of arbitrary or unlawful displacement. Although
security of tenure is most commonly associated with the ownership of property
or land, it can include a wide variety of tenure arrangements where security of
tenure rights are, in fact, recognised. These include, for instance, rental (public
and private) accommodation, cooperative housing, long-term possession or
occupation of land or property, de facto recognition of security of tenure (but
without legal status), recognition of security of tenure (but without any form of
tenure regularization); temporary occupancy permits; temporary non-transfer-
able leases; long-term leases; and other forms of provisional tenure. 29

Principles on Housing and Property Restitution for Refugees and Displaced

Persons: the “Pinheiro” Principles
The principles were endorsed by the UN Sub Commission on the Protec-
tion and Promotion of Human Rights in 2005. They are a consolidated text
regarding to the legal, policy, procedural, institutional and technical implemen-
tation mechanisms for housing and property restitution. They do not have the
rank of “hard” international law and they are not binding on states but many of
their provisions are grounded in international law.

4.2.2 HLP issues in post-conflict contexts

A wide variety of problems relating to rights over housing, land and property
are prevalent in both conflict and disaster contexts.
PART 4 – ICLA ISSUES IN DEPTH

In situations of war or unrest, land and property issues may be both the cause
and consequence of a conflict. The re-distribution of land from the upper
29) Handbook on Housing to lower castes, for example, was a primary demand of the Maoist rebels in
and Property Restitution for Nepal. In other contexts, where land is seized by conflicting parties for terri-
Refugees and Displaced
Persons: Implementing the torial gains, provided as a ‘reward’ for allies, used as a battlefield or where
Pinheiro Principles ethnic cleansing takes place, HLP issues will arise as a consequence of the
conflict.30 At any rate, housing land and property issues are essential for the
30) See Humanitarian well-being of displaced persons both during displacement and for them to
Policy Group, ‘Uncharted
Territory: Land, Conflict and reach a durable solution to their plight.
Humanitarian Action, Meet-
ing Report’, February 2007,
para 8 for considerably HLP issues may surface in the post-conflict/disaster period as returning
more detail on this topic. populations seek to reclaim their land from illegal occupants, correct illegal
32
 NRC ICLA HANDBOOK

transfers and/or destruction of property: “this transitional period can be the

most dangerous as land grabbing occurs and creates permanent changes”.31
Problems range from the restitution of land or access to land, compensation
for both moveable and immoveable property, land titling and reform, mixed
together with both restitution and compensation. The nature and degrees of
these problems will also vary as a programme area transitions through various
phases of conflict (or disaster), early recovery and development.

While NRC is clearly not a development agency, the way certain countries
decide to address land disputes, through land reform or land titling
programmes instead of a restitution or compensation mechanism, can create
specific problems and violations of rights of displaced population which
should be of concern to NRC and therefore require action. Depending on
the situation, NRC might have the opportunity to contribute to the design
of a restitution process based on the information collected through its legal
assistance services. In other contexts, the security situation, the absence of
a legal framework, or, on the contrary, the existence of legal pluralism and lack
of institutional capacity, may seriously limit NRC’s capacity to have more than
31) Humanitarian Policy
Group, ‘Uncharted Terri-
a local impact which can also be a legitimate objective. Prior to engaging in
tory: Land, Conflict and HLP issues, NRC should determine the impact it can have on the situation
Humanitarian Action, Meet-
ing Report’, February 2007,
and adjust its programme accordingly. Where formal institutions are absent
para 1. at the local level this might require engaging with customary dispute resolu-
tion mechanisms.
32) Ibid
While HLP issues are usually complex and politically sensitive, failure to
33) See for example, address these issues can easily spark further conflict,32 which constitutes
Principle 9 of the Guid-
ing Principles on Internal
a pressing rationale for NRC to tackling HLP issues rather than leaving this
Displacement: “States are issue to be addressed as a ‘development problem’.
under a particular obliga-
tion to protect against the
displacement of indig- 4.2.3 HLP and gender
enous peoples, minorities,
peasants, pastoralists, and
HLP is also a key gender issue. In most locations where NRC works, gender
other groups with a special discrimination is a prevalent feature of both customary and statutory land
dependency on and attach-
ment to their lands.”
rights systems. ICLA often operates in predominantly agrarian societies.33
In such environments, access to land translates to access to food for women,
34) See, for example,
their children and other dependants, access to an income and the resulting
Report of the Special Rap- security which this provides, including potentially sufficient funds their chil-
PART 4 – ICLA ISSUES IN DEPTH

porteur (Miloon Kothari)

on adequate housing as
dren’s education. In this context, it is evident that the recognition of land
a component of the right rights may be the precursor to a whole range of other fundamental human
to an adequate standard
of living’, February 2007,
rights, including the right to work, shelter and security of the person.34
United Nations General As- A strong gender focus should especially be incorporated into any legislative
sembly document reference
A/HRC/4/18
of other land reform initiatives in which ICLA is involved.35

35) See, for example,

4.2.4 ICLA and HLP-related activities
UNDP, ‘Gender, Land The ICLA policy states that “overcoming legal obstacles, particularly related
Rights and Democratic
Governance, Discussion
to housing, land and property” is a primary objective of the programme.
Paper 2’, May 2008.
The most common situations in which ICLA may provide assistance to indi-
viduals or groups to overcome legal obstacles to accessing housing, land
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 NRC ICLA HANDBOOK

and/or property rights are the following:

• Prevention of displacement
- providing information and legal assistance to specific groups at
risk of being displaced due to evictions, predatory practices, etc.
For example, by assisting in demarcating and registering land
plots, filing appeals against demolitions order, etc;

• Access to housing and land while in displacement

- informing displaced about their rights and existing programmes,
procedures and requirements to access land;
- providing legal assistance to access tenure security and to prevent
forced evictions and secondary displacement.

• Access to housing and land as a pre-condition to local integration

- informing displaced about their rights and existing programmes,
procedures and requirements to access land permanently;
- providing legal assistance to ensure that tenure arrangements
are in line with international standards and guarantee adequate
housing conditions.

• Access to restitution and compensation or dispute resolution mecha-

nisms in return contexts
- providing information about the existing mechanisms and counsel-
ling on best avenues to access them;
- providing legal representation to individuals or groups;
- ensuring that the rights to restitution or compensation of those
unable or unwilling to return are respected;
- assisting those returnees who were already landless before
displacement to access land distribution programmes.

As mentioned in the previous Section, in post conflict and disaster situations,

HLP issues are multidimensional and often have economic, social, cultural and
political implications that go beyond what can be solved through the various
forms of legal assistance and information provided by ICLA. Sometimes,
until structural problems have been solved it will not be possible for ICLA
programmes to provide legal assistance to individuals to remove “legal
PART 4 – ICLA ISSUES IN DEPTH

obstacles”. In other instances, activities aiming to influence the outcome of

structural processes (i.e. designing a mechanism for property restitution) may
run parallel to specific assistance provided to individuals.

Due to its proximity to the beneficiaries and its in depth technical knowledge
about HLP , ICLA might enjoy a privileged position to influence policy and law-
making processes to ensure that the rights of its target group are respected.
This will require a combination of some or all methods used by ICLA
programmes: continued legal assistance to individuals and groups, informa-
tion and dissemination, advocacy, capacity building and technical support to
authorities and specialised agencies.

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 NRC ICLA HANDBOOK

Examples of ICLA’s HLP activities to date:

• ICLA has concrete experience, including in Sudan, Congo and Colombia,
of providing information on the applicable domestic laws on housing, land
and/or property rights. This activity is particularly relevant where the appli-
cable laws provide equal ownership rights for women but local authorities
and communities are either unaware of these laws or fail to apply them.
• Information and counselling services have been provided in Nepal with
respect to land documentation (such as ownership certificates) and the
registration of this documentation with the relevant government authori-
ties. This is particularly relevant in more developed legal systems in which
the registration of housing, land and/or property rights is fundamental to
the enforcement of these rights.
• In Pakistan, extensive legal assistance was provided with respect to with
respect to partition, demarcation and succession disputes. For details, see
the example of the in-court representation services in Section 6.3.
• In Liberia, ICLA has facilitated negotiation of land disputes, including
procuring land surveys (see Section 6.3.7 for a detailed description of this
activity).
• The provision of legal assistance towards obtaining security of tenure
over housing premises occupied by NRC’s target groups during displace-
ment. In Georgia, ICLA has been very proactive in assisting IDPa to obtain
security of tenure – ownership or other forms of tenure – as a precondition
to local integration. These efforts do not preclude the rights to restitution
and or/compensation that IDPs might have to the properties in their places
of origin.
• The use of customary and religious bodies – jirgas and shuras - to resolve
property disputes in Afghanistan has proven to be an efficient way of
providing assistance to returning refugees in the absence of statutory
systems. ICLA Afghanistan was permitted to represent claimants before
these bodies preserving their capacity to pursue the cases in court, if
necessary. In these fora, instead of highlighting international standards
which are unknown or considered as ‘imported’, ICLA lawyers used the
provisions of the sharia law that were in line with international standards
(see the ICLA position paper on the use of customary systems in Afghani-
stan in Appendix 5 for more details).
• In Uganda, ICLA has facilitated the codification of the principles of
customary tenure in Acholi land.
• In DR Congo, ICLA has facilitated the creation of local commissions that
will mediate in land disputes and can channel access to land by displaced
persons or landless returnees.
• In Colombia, ICLA is identifying cases that may constitute land restitution
precedents in the context of reparations processes.
PART 4 – ICLA ISSUES IN DEPTH

Local land laws and practices are often complex. Providing assistance with
respect to land issues may require the parallel application of competing laws
(such as statutory and customary laws) or the reconciliation of these systems.
Again, it is strongly recommended that provision is made in project proposals
and budgets for in-depth research to be carried out to ensure that ICLA assist-
ance is based on a solid understanding of the customs and applicable laws,
how or whether these laws operate in practice and an in-depth understanding
of the context in which NRC is generally operating.

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 NRC ICLA HANDBOOK

Such research was conducted in Georgia on the eviction of IDPs (for more
details see research and recommendations in Appendix 5) and in the urban
area of Yei in South Sudan. The results of the later research are set out
below.

4.2.5 An HLP case study: research and recommendations in South Sudan

In 2008, in the Yei area of South Sudan, ICLA conducted interviews with over
40 beneficiaries with land and property disputes, held community meetings and
meetings with chiefs and headmen, made field trips with County Land Administra-
tion staff and held two meetings with the County Administration and local military
leadership.

Other organisations working on land and property issues, specifically UN HABITAT,

had already identified a number of institutional, legal and policy challenges to
resolving land and property conflicts in the area. These challenges included the
lack of legislative and administrative frameworks on land management and the
lack of mechanisms to resolve disputes. However, these challenges corresponded
to the development of competent and accountable state institutions which is an
extensive and gradual process.

In NRC’s view, more immediate steps needed to be taken to reverse escalating frus-
trations resulting from accumulated disputes. Specifically, it was found that critical
obstacles to dispute resolution were not the contradictions between customary
and statutory legal systems, inconsistent dispute resolution mechanisms or a
lack of knowledge of the applicable human rights standards, but the absence of
demarcated land and inadequate political resolve to intervene in disputes involving
powerful persons. Specifically, NRC made the following findings:

Observation 1: Lack of demarcated areas for residential plots

The majority of disputes arose when returning refugees/IDPs discovered that their
plots had been unlawfully occupied. Illegitimate occupants were reluctant to vacate
these plots, not because they feared receiving no compensation for their house
built, but because it was impossible to acquire and ensure secure ownership of
an alternative plot. Further, as no areas had been demarcated for residential plots,
evicted persons were obliged to identify, negotiate and purchase land directly from
chiefs or individuals. This required resources, skills and connections out of reach
for many returnees.

Accordingly, NRC recommended that the County quickly demarcate a new area
of the town that was still empty and to register those required to vacate illegally
occupied plots and to be allocated a new plot. This exercise was also intended
PART 4 – ICLA ISSUES IN DEPTH

signal to the population that the County was assuming its responsibilities. The
County subsequently submitted a funding proposal for the demarcation of 3000
plots.

Observation 2: Fraud and lack of documentation of land transactions

NRC discovered that some chiefs had sold the same plot of land to several buyers,
provoking confusion and violence and that fraudsters were presenting themselves
as the owners of a plot, particularly to women purchasers, accepting payment for
that land and then disappearing.

Although land owned by communities is rightfully allocated by communities them-

selves under the leadership of traditional chiefs, there was a clear need to monitor
and support the chiefs and to insist that the chiefs ensured the documentation and
registration of all transactions to prevent further disputes.
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 NRC ICLA HANDBOOK

Accordingly, it was recommended that an information campaign be conducted to

reduce the fraudulent sale of plots and for the County and chiefs to meet to clarify
their respective roles in the allocation and sale of residential plots in urban areas.
Local radio stations, leaflets and community centres were identified as effective
vectors for disseminating messages on the correct ways of buying and selling
land.

Observation 3: Lack of resolve in military to deal with disputes involving

soldiers People in urban Yei were intimidated and harassed by soldiers on a daily
basis, including with regard to the occupation of houses and land. As the majority of
the soldiers were from the Dinka tribe (not originally resident in that region), dissat-
isfaction with the misbehaviour of soldiers was directed at the Dinka community
in general. Accordingly, NRC recommended that plans to relocate the military
barracks away from the town be expedited. To this end, NRC twice met jointly
with the County and the military leadership. There appeared to be good scope for
collaboration on this issue, as well as for receiving support from the military leader-
ship when soldiers refuse to vacate illegally occupied land and property.

Further recommendations for agency support:

Agencies should support and strengthen authorities who show an ability and will-
ingness to conceive of and carry out practical measures to alleviate frustration and
tension among persons affected by disputes, such as:
• demarcating land for residential plots
• improving the transparency of State institutions by producing and posting
maps in public places, indicating existing structures and settlements,
existing plans for urban development (roads, schools, boreholes, clinics)
• improving the accountability of traditional chiefs, civil and military authori-
ties by making public their name, function, and geographical and thematic
areas of responsibility
• organising regular meetings between chiefs tasked with mediating in land
disputes and allocating plots in their area of responsibility and the County
land administration staff, to identify problems and exchange ideas and
experiences, and regularly clarify possible misunderstandings of roles

Further resources:
The IDMC website: [Link]
NRC Afghanistan, Guide to Property law in Afghanistan
GTZ Land Management, A Practical Guide to Dealing with Land Disputes
PART 4 – ICLA ISSUES IN DEPTH

Centre on Housing Rights and Evictions (COHRE) [Link]

COHRE, A Place to Live: Women’s Inheritance Rights in Africa
CAPRI, Land Rights for African Development
The United Nations Principles on Housing and Property Restitution for
Refugees and Displaced Persons (The Pinheiro Principles)
Handbook on Housing and Property Restitution for Refugees and Displaced
Persons: Implementing the Pinheiro Principles
Global Land Tools Network [Link]
Norwegian NGO Coalition [Link]
Oslo Governance Centre: land governance web site 37
 NRC ICLA HANDBOOK

[Link]
4.3 Gender-based violence (GBV)

“NRC is committed to preventing and responding to sexual exploitation and

abuse in the framework of NRC operations”,
NRC Gender Policy

4.3.1 Normative framework

Gender-based violence is defined as violence that is directed against a
person on the basis of their gender or sex, including acts that inflict physical,
mental or sexual harm or suffering, threats of such acts, coercion and other
deprivations of liberty. It includes physical, sexual and psychological violence
perpetrated or condoned within the family, the general community or by the
State and its institutions. It may take different forms: sexual violence; physical
violence; emotional and psychological violence; harmful traditional practices;
and socio-economic violence directed against any person on the basis of their
gender.36

The international rights framework relevant to the freedom from gender-based

violence is extensive. Particular support for this right may be drawn from the
UDHR:
• “Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, colour,
sex...” (Article 2)
• “Everyone has the right to life, liberty and security of person”
(Article 3)
• “No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment” (Article 5)
• “All are equal before the law and are entitled without any discrimina-
tion to equal protection of the law. All are entitled to equal protection
against any discrimination in violation of this Declaration… “ (Article 7)
• “Marriage shall be entered into only with the free and full consent of
the intending spouses” (Article 16(2)).
PART 4 – ICLA ISSUES IN DEPTH

Several of these rights are echoed in the ICCPR (see, for example,
Articles 6(1), 7 and 23(3)).

In addition to CEDAW, other treaties specific to the rights of women include:

• Convention on the Political Rights of Women (1953) entered into force
36) UNDG Declara-
tion on the Elimination of
in 1954
Violence Against Women, • Convention on Consent to Marriage, Minimum Age for Marriage and
A/RES/48/104
Registration of Marriages (1962), entered into force in 1964.

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 NRC ICLA HANDBOOK

International humanitarian law and international criminal law explicitly prohibit

many acts of gender-based violence.

Principle 11 of the Guiding Principles refer to protection against acts of

gender based violence under the overall right to dignity, and physical and
moral integrity.

4.3.2 GBV in context

Addressing GBV issues is a relatively new addition to the ICLA programme.
It was added on the basis that, in any ICLA programme area, there will be
significant levels of gender-based violence which hinders the capacity of the
survivors to access their rights and durable solutions. Displaced women and
children are particularly vulnerable to gender-based forms of abuse. This is
consistent with the UN Security Council Resolution 1325 which recognises
that:

“civilians, particularly women and children, account for the vast majority of
those adversely affected by armed conflict, including as refugees and inter-
nally displaced persons, and increasingly are targeted by combatants and
armed elements, and … the consequent impact this has on durable peace
and reconciliation”.37

In addition, conflict and natural disasters generally precipitate a breakdown in

community, leadership, family and related interruptions to values and culture,
all of which are well known to enhance levels of GBV.

GBV related issues arising from conflict may specifically include:

• increased levels of rape (which may lead to women becoming pregnant,
and as a result being excluded from a community, or raped girls being
sent away or forcibly married to the perpetrator);

• domestic violence (possibly a reflection of generally increased levels

of violence in the community due to the stresses created by war or
increased alcoholism – a common result of unemployment or a sudden
influx of cash through compensation schemes);
PART 4 – ICLA ISSUES IN DEPTH

• early and forced marriages;

• second/invalid marriages;

• illegitimacy;

37) Preamble, UN • forced prostitution and trafficking (both internal and external) for
Security Council Resolution sexual purposes; and
1325.

• a massive increase in the rate of single mothers.

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 NRC ICLA HANDBOOK

Living conditions facilitated by the humanitarian community in response to

disasters and conflict can also aid increased rates of GBV:

“From all [tsunami] affected countries, there are reports that incidences of
rape, sexual harassment and domestic violence were on the increase and had
contributed to physical injury, fear of unwanted pregnancy, sexually transmit-
ted diseases and compromised mental health status (UNDP, 2005) ... In the
camp environment, a lack of privacy caused by temporary and shanty accom-
modation left women more exposed than was customary (UNSETR, 2005).
The lack of separate toilets for men and women, the absence of lights in the
camp at night and public bathing facilities contribute to the risk and occur-
rence of rape. Fear associated with living in these conditions can compound
the existing trauma and related mental health problems”.38

All of the above result in the increased vulnerability of women and children and
increased discrimination (and hence further vulnerability) against the victims
of GBV.

As such, one cannot talk about durable solutions for IDPs, refugees or returnees
without looking at issues of GBV. Durable solutions involving housing land
and property rights, for example, are of little use if a woman cannot live in her
home because it is too violent. Assisting a woman to keep her house, her
children through a protection order, or obtaining a divorce, for example, may
all be fundamental to a woman’s future and that of her dependants.

Accordingly, even in situations where ICLA staff is not specifically addressing

a GBV issue, they must be sensitive to and aware of these. GBV cases may
not be immediately apparent. Without awareness (including training for staff
to ask the right questions), GBV issues may not be brought to the attention
of ICLA staff.

4.3.3 Staying alert to GBV issues

In most cultures, GBV and domestic violence are seen as community – or
family matters and may not be made apparent to outsiders (including national
ICLA staff). Accordingly, even in situations where ICLA staff is not seeking
PART 4 – ICLA ISSUES IN DEPTH

to address GBV issues, they must be alert to the potential of GBV in any
context. Therefore:

• Wherever possible, husbands and wives and male and female members
38) Pittaway, E., ‘Gen- of a community (for example, women and older male children or
dered dimensions of the nephews) should be interviewed separately, whether or not the topic
2004 tsunami and a poten-
tial social work response of the interview is GBV;
in post-disaster situation’, • All involved staff must have appropriate client care skills, an under-
International Social Work,
50(3), 307-319 at p 309. standing of the urgent psychological needs in some cases and, in

40
 NRC ICLA HANDBOOK

others, the need for time for the woman to make her decision;
• Staff must not judge, must be patient, endeavour to build up trust, take
into account extended family and children’s considerations and must
respect the beneficiaries’ confidentiality at all times; and
• Staff must be able to refer clients to appropriate services, especially
medical and psychosocial. For this purpose, it is important to build up
a network of referral organisations.

Example: Northern Sri Lanka:

ICLA established a call-out service with a local NGO based at the welfare
centres so that the NGO could immediately assist a woman who needed help.
ICLA lawyers were prepared to draft and file documents immediately for protec-
tion orders, requiring templates to be ready in the office. If not, the window of
opportunity could be lost and women might not have the courage to apply for a
protection order again. If, however, a woman changed her mind, the lawyers had
to understand that clients were not ‘wasting their time’ and that their service had
still been of value.

In one case ICLA lawyers provided counselling to a very vulnerable woman experi-
encing severe domestic violence and sexual abuse of her daughter from her partner
for most of a year with no tangible result though she was assisted to make decisions
regarding her children. However, when a new crisis emerged, the woman had the
strength to report her partner to the police and give crucial evidence required. In
other cases, even where no action was taken, the women and children accompany-
ing them to the lawyer knew that such acts were illegal, such behaviour unaccept-
able and thus empowered the women and children.

4.3.4 ICLA assistance to GBV survivors

Since ICLA has started focusing in GBV only recently, the scope of ICLA
assistance to survivors is still being tested in the field and Head Office.
However, ICLA can deliver the following types of assistance:

• Raise awareness among survivors, potential victims, communities and

authorities about gender-based violence, its consequences, the appli-
cable legal framework, assistance networks and facilities through infor-
mation, legal education sessions, counselling and capacity building.
PART 4 – ICLA ISSUES IN DEPTH

• Providing legal assistance to child protection agencies.

• As being a victim of GBV is a specific vulnerability, ensure that it is

part of ICLA’s beneficiary selection criteria, always bearing in mind that
survivors of GBV may not want to disclose this information. The ICLA
Global Database allows programmes to report statistics about clients
affected by GBV.

• In many contexts, there may be little direct redress for GBV survivors.
In this case, the best result may be to empower women in other ways,
such as through enhancing their access to land, so that they may be

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 NRC ICLA HANDBOOK

more independent and ultimately less vulnerable to abuse. Hence it

is important to research and categorise what linkages exist between
patterns of GBV in a given context and the assistance that ICLA
provides in its other areas of expertise, namely HLP and civil docu-
mentation. For example, a mother may face difficulties in obtaining civil
documentation for a baby born out of a rape. A GBV survivor might
have been excluded from its community and may have stronger and
specific needs to land in the location of displacement.

ICLA has represented GBV survivors in court in a number of occasions. The

drafting of the ICLA policy suggests that this may be possible within the
scope of ICLA’s activities. However, an understanding exists in NRC by which
ICLA would generally not represent cases in criminal issues, such as rape.
This does not preclude the possibility that ICLA could pursue representing
a victim of GBV in civil aspects of a claim, especially those related to rights
over property, compensation or custody of children. Information on the rights
to pursue a criminal claim, the process for doing so and supporting a victim
to lodge a complaint with the relevant authorities could also be a modality
of assistance to GBV victims. This may be essential for a victim of GBV to
pursue durable solutions if such issues are not addressed.

If an ICLA programme decides that in order to remain relevant to the target

group, it is necessary to intervene in the criminal aspects of a court process
this needs to be first articulated in a strategy and discussed with the relevant
management and technical support staff in country and at Head Office. If
at all pursuing this option, staff should assess and be fully competent in the
following:
• Assessing what is the applicable legal framework and the state’s
will and capacity to enforce decisions;
• Assessing existing facilities which can provide multi-sectoral
assistance to the victims with a special focus on shelter, livelihoods,
security and psychosocial assistance;
• Ensuring client confidentiality and understanding the potential
consequences if confidentiality is not maintained;
• Ensuring that the judicial process and its consequences and
risks are fully explained to and understood by the client;
PART 4 – ICLA ISSUES IN DEPTH

• Ensuring that the client is facilitated to make free and informed

decisions at every stage of the judicial process and not directed
what to do by NRC staff;
• Requesting closed court proceedings where possible.;

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 NRC ICLA HANDBOOK

Example 1 - GBV activities, Sri Lanka:

In northern Sri Lanka, convicted domestic violence offenders receive very low sentences
(or even a warning only) and protection orders are not enforced outside town areas
as there is no police presence. In such cases, awareness raising and advocacy to
empower and educate women and to change attitudes of men towards women are
valuable, parallel activities. Such activities can also be used to encourage a community
response, which may be far more effective in combating GBV than formal systems and
procedures.
A domestic violence act was brought into force the year ICLA started operations in Sri
Lanka. The ICLA centres´ lawyers were the first lawyers to obtain protection orders for
their clients in the Districts they were operational. In some places this involved explaining
the law and the corresponding duties of the court and of the police to these stakeholders.
ICLA organised a GBV forum and involved other agencies to address GBV as a
major issue. MSF subsequently managed to organise a separate, private ward at the
hospital for girls for treatment and interview purposes. Within the forum, ICLA also
conducted sessions on confidentiality and client care. ICLA lawyers also developed
relationships with community workers and counsellors so that cross-referrals could be
reliably made.
To compliment these activities, ICLA trained UNCHR and NRC’s GBV staff on the
importance of confidentiality and what this means in practice. UNHCR then conducted
awareness raising activities with the police as field staff reported that the police was
interviewing victims in public at the hospital and making bumbling general inquiries at
the IDP camp, revealing the victim’s identity.

Example 2 – GBV activities, Afghanistan:

NRC lawyers initiated jirgas for domestic violence cases or attended jirgas that were
already planned. An important feature of this process was to encourage community
responsibility for monitoring the situation. ICLA also mediated cases between
husbands and wives, as well with extended families. When a female lawyer had
primary responsibility for representing a female beneficiary, she was supported by a
male lawyer, if necessary. NRC found that its lawyers were generally well received due
to their courteous and respectful approach and that ICLA sought compliance with the
law rather than casting blame. The impact of this activity was assessed positively by
the increase in demand for ICLA’s services, with major achievements being increased
awareness of all involved and for the victims to know that a service was available for
their support.

Example 3 – GBV activities, Colombia

The use of gender-based violence as a weapon of war to induce forced displacement
and other suffering is a crime under international law and has been examined by the
jurisprudence of the International Tribunals for former Yugoslavia and Rwanda. Both,
gender violence and forced displacement are considered war crimes and/or crimes
PART 4 – ICLA ISSUES IN DEPTH

against humanity in the Statue of the International Criminal court. In Colombia, ICLA is
supporting victims and communities to litigate selected emblematic cases to solicit a
formal, judicial response to the gender dimensions of the crime of forced displacement.
The aim is to promote access to justice and integral reparations for the victims, which
involves exposure of the truth and, eventually material reparations, such as compensa-
tion and restitution for lost property.

Example 4 – GBV activities, Liberia

NRC is implementing a 12 month pilot GBV project in three counties. To decrease
the level of GBV against Liberian women and children, NRC - in partnership with the
Government, the UN and other NGOs - will monitor legal cases through the justice
system and encourage their proper resolution; build the capacity of key governmental
actors to prevent and combat GBV; raise the awareness of communities on GBV in
the three counties; and conduct a country wide media campaign.
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ICLA programmes have also been involved in the mediation of family cases of
GBV. Note, however, that where GBV is prohibited by law, mediation may not
be legal or an appropriate response. Any staff engaging in such mediations
needs to be appropriately qualified.

Further resources:
IASC, Guidelines for Gender-based Violence Interventions in Humanitarian
Settings

IASC, Women, Girls, Boys and Men – Different Needs Equal Opportunities,
Gender Handbook in Humanitarian Action

UNHCR, Sexual and Gender-based Violence against refugees, returnees

and internally displaced persons: guidelines for prevention and response

UNHCR Handbook for the protection of women and girls

PART 4 – ICLA ISSUES IN DEPTH

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PART 5 – ICLA ASSESSMENTS AND PROGRAMME

FORMULATION

5.1 Assessments

5.1.1 Why is a good ICLA assessment essential?

“To execute programme activities including individual legal representation ...

it is important to perform an in-depth analysis of the exact legal context including
a careful assessment of the chances of success in particular assignments (and
what is meant by “success”), including the nature of the legal and political envi-
ronment, consider realistically the troubled nature of post-conflict societies and
set out clear assumptions about the conditions required to do the job, including
the time available and necessary competencies.”

West Nile, Uganda, donor report 2008

The quality of NRC’s programmes starts with good assessments. Although

this appears to be obvious, in the past, comprehensive and accurate ICLA
assessments have not always been undertaken and some ICLA programmes
have commenced on the basis of assumptions drawn from other programmes
areas. The success of ICLA programmes are dependent on good assess-
ments as ICLA must interact extensively with national laws and local, regional
and central Government systems, a comprehensive understanding of which

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

is required. A successful ICLA programme also requires an in-depth under-
standing of political, social and cultural realities in the given country.

Thorough desk studies are an essential requirement prior to conducting

assessment missions on the ground. In some cases, if funding is available,
it may also be desirable to precede a full-scale ICLA programme with an
sufficient research period so that meaningful assessments can be undertaken
by a small team of international and national staff, without the simultaneous
pressure of meeting programme targets. NRC is often approached by research
institutions that could be useful partners in carrying out applied research.

5.1.2 NRC assessment resources

In short, the basic purpose of an assessment is to determine whether the
establishment of an NRC programme will help achieve NRC’s mandate in
a given area. NRC resources available to guide the assessment process
include the NRC Policy Paper and the NRC Start-Up Handbook.
The NRC Policy Paper (available on the NRC intranet) sets out 6 criteria
which must be met prior to the initiation of new programmes:
• the refugees or IDPs exhibit a need for international protection and
intervention that has not been met;
• NRC will have genuine access to the refugees or IDPs, and will be in
a position to professionally implement justifiable programme activities;
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• the safety of the relief workers has been adequately secured;

• there is a need for the type of assistance offered by the NRC (one or
more of the core activities);
• the assistance provided by NRC will not merely assuage immediate
needs, but will also help to introduce constructive, lasting solutions for
refugees and/or IDPs; and
• a sufficient amount and quality of financial, human and other necessary
resources are, or will be, available in the field and at headquarters.

The NRC Policy Paper stresses the importance of a regional approach, which
includes cross-border assistance.

The NRC Start-Up Handbook (available on the NRC intranet) provides further,
detailed guidance on the decision-making process within NRC for the estab-
lishment of new programmes and sets out a list of topics to be considered
by in-country assessment teams. These topics include background analysis,
description of the IDP/refugee population, GBV considerations and risk
factors.

5.1.3 Specific considerations for ICLA assessments

In addition to the general NRC start-up criteria, in order to counter the broad
scope of ICLA, it is essential to conduct a specific start-up assessment for
ICLA programmes to obtain information specific to ICLA issues and make
concrete recommendations as to the issues to be addressed, the methods
to be used and the ICLA activities to be implemented. Without this level of
detail, the programme will be difficult to ‘sell’ to donors who may be unfamiliar
with the ICLA concept, what ICLA does or what the impact of the proposed

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

programme will be. Additionally, the task of the concrete conceptualization of
the programme should not be left to incoming programme staff, who may be
operating alone and are most likely under substantial pressure simultaneously
to managing the operational set up of the programme.

To facilitate a detailed ICLA assessment, a range of sample, ICLA-specific

queries are listed below. As always, the information required to be collected
will vary significantly depending on the country context. To guide assess-
ments, the chapter of this Handbook on ICLA Implementation should also be
reviewed (see Section 7 below).

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5.1.4 Contextual analysis

Thematic areas Sample queries

National legal Is the programme going to be implemented in a context of legal

framework pluralism i.e. several legal systems overlapping? Are customary
or religious laws valid? Are they applied by communities or state
bodies?

Which international human rights instruments has the State ratified?

Are there any national laws regulating the duties of the State towards
refugees, IDPs and returnees?

Are there any national/regional policies, ceasefire or peace

agreements that mention these duties? If so, to what extent are
these being implemented?

Which national authorities are responsible for issues relating to

displaced persons? Are they aware of their duties towards the
displaced under any applicable laws, agreements etc?

Does NRC have a pre-existing relationship with these authorities?

To what extent are functioning law-making bodies in place? Would

legislative changes further ICLA’s objectives? Could ICLA feasibly
advocate for such changes?

Are any transitional justice initiatives taking place? If so, are these
relevant to durable solutions?

In what languages are the laws drafted? Are key laws available in
the NRC working language?

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

Systems of To what extent are systems of justice functioning?
justice
How legitimate are they amongst the general and target populations?
Are decisions enforceable?

How do the various justice systems interact or cooperate with each

other? Are there overlaps? Incompatibility?

If customary or religious courts exist, is their jurisdiction recognized

by statutory law? What is the scope of their jurisdiction?

Are any other alternative forms of dispute resolution being practised,

such as through mediation boards? If so, what is their role and level
of functionality?

Which judicial/legal system provides the best results for particularly

vulnerable persons (e.g. women, children, ethnic, religious or
linguistic minorities or displacement status) – including access,
fairness of decisions, cost and time?

Is there a functioning Human Rights Commission, Ombudsperson’s

office or other independent bodies?

Are any legal aid or related programmes functioning in the proposed

programme area? If so, which services do they provide and to
whom? How effective/efficient are they?

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5.1.5 Defining the target group

(a) Primary target groups
In accordance with the NRC’s mandate and the ICLA Policy, the primary
target groups of the ICLA programme are refugees, IDPs and/or returnees.
Within these groups, the programme will pay particular attention to vulner-
able individuals or groups, such as female heads of household, survivors of
gender-based violence, children, elderly, minorities and indigenous peoples.

(b) Secondary target groups

ICLA assistance can also extend to secondary target groups to prevent
perceptions of discrimination or bias which may result in hostile attitudes
towards the displaced and constitute barriers to integration, resettlement and
return. These groups may include:
• The general community (particularly host communities) - may benefit
directly from ICLA information activities on a variety of ICLA issues,
such as international human rights standards, local laws on domestics
violence, property rights and how to access civil documentation, etc.
In this manner, ICLA has a social and institutional impact beyond the
displaced by promoting a culture of rights and advancing reconciliation.

Example 1: Both IDPs and many of their hosts, who may also be highly vulner-
able, need information on how to access important civil documents. This infor-
mation is disseminated through public means - particularly community meetings
- accessible to both IDP and non-IDP groups. In this manner, a larger number of
people benefit ICLA information activities and NRC avoids creating any suspicions
or tensions within the communities.

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

ICLA Nepal

Example 2: Radio broadcasts are scripted to allow host communities and

refugees an equal understanding of the refugee paradigm, its processes and
mechanisms. On some occasions, the project also renders its services to mediate
conflicts between refugee and host individuals to achieve an amicable outcome.

ICLA, West Nile, Uganda

As a general rule, information will be the only ICLA service provided directly to
the non-displaced. An exception to this rule is noted in Example 2 above. One-
on-one counselling and legal assistance may also be provided to non-IDPs.
However, the numbers of persons to whom such services are rendered should
be kept to a minimum. Particularly, where other legal aid service providers are
available, ICLA should refer these persons accordingly.

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Examples:
In Nepal, in two of the five programme areas it was decided to provide assistance
to up to 25% of the non displaced/returnee population in order to avoid tensions
in returnee communities and on the basis of the extreme vulnerability of those
communities.

Likewise in Liberia, outside of Monrovia, approximately 20% of clients are non-

displaced/returnees. Assistance is provided to them on the basis that all vulnerable
persons were affected by conflict.

• Local leaders (for example, refugee community leaders, chiefs,

religious leaders, political activists, local NGO and CBO representa-
tives) - may receive training on the applicable local laws, international
human rights standards, correct administrative procedures, etc, with
the objective of improving their ability to resolve disputes and uphold
rights within their communities.

• Government: local, regional and central level government official may

also receive training on the applicable local laws, international human
rights standards, correct administrative procedures, with the objective
of enhancing their ability to perform their functions.

• UN, INGOS, local NGOs: may also receive training on those same
issues listed above.

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

(c) Children as ICLA beneficiaries
Children’s issues are often addressed under the leadership of organisations
like UNICEF and Save the Children. In the tsunami and Pakistan earthquake,
legal guardianship became an issue essential to children’s protection but this
was not obvious for many organisations addressing the needs of children
that had no legal expertise on the ground. Without the appointment of a legal
guardian, children were unable to access rehabilitation schemes and any funds
to which they were entitled. As such, children with no guardianship missed out
on both short and long-term assistance. Depending on the country context,
the appointment of legal guardian may also give rise to other entitlements for
orphans, such as support by local government service providers.

Another serious consequence of a legal guardian not being appointed is the

possibility of child abuse. In Sri Lanka there were widespread allegations that
the informal custodians of orphans neglected to send them to school. In some
cases, orphans were used for domestic help. Orphaned children without
legal guardians were more exposed in Sri Lanka to the risks of trafficking and
recruitment by armed combatants.

The information on beneficiary selection criteria in Section 7.1 below should

also be considered.
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Further resources:
Watchlist on Children in Armed Conflict, Checklist on IDP Children
[Link]

5.1.6 Relevance of ICLA to the target groups

ICLA Issues Sample queries

Information • What is the target group’s main source(s) of information on

on durable areas of return and possible resettlement? Do these sources
solutions: convey objective information? Is the information up-to-date and
return, reliable?
integration,
resettlement, • Are members of the target population regularly travelling to and
reintegration from their place of origin?

• Is NRC in a position to provide more accurate and reliable

information on the population’s area of origin? If so, how?
(Consider cross-border programming or programming across
the axes of displacement in IDP situations; alternative information
sources, e.g. local or international partners).

• After collecting return/resettlement information, what information

distribution methods could be used to provide this to
beneficiaries? What impact will this have?

• What gender issues need to be considered with respect to

women’s rights to return/resettlement information and ICLA’s
information distribution methods?

• What is the socio-economic status of IDPs? Is there high

level of illiteracy? Are there language issues to take into
considerations? In long term displacement situations parents

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

might speak their own language while their children might have
assimilated the language of the community of asylum.

For more details, see the Section on durable solutions.

Obstacles • To what extent is the target population aware of its human rights
to durable and duties?
solutions:
information • What is the level of understanding at grassroots level of major
(generally) legal and political developments (e.g. peace agreements)?

• What other information needs does the target population have?

• Which communications media are available locally (community

notice boards, community meetings, local newspapers, FM
radio, established local NGO/CBO networks) and in which
languages?

• What are the gender dimensions to the target group’s

information needs? How can ICLA promote women’s
participation in the proposed information activities and women’s
rights through these activities?

• Are there any ethnic, religious, cultural or social discrimination

partners that may represent obstacles to durable solutions?

• What advocacy initiatives can be undertaken to improve access

to information by NRC’s target group? E.g. relationship building
with relevant authorities, training to authorities to provide
information themselves etc. 50
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Obstacles • Are civil documents required by the displaced persons to return
to durable or to resolve problems related to their displacement?
solutions: civil What specific documents and problems are these?
documentation
• Do host populations also have needs related to absence of
documentation? If so, what and why?

• Is access to any specific documents linked to acquiring refugee

or IDP status (in the later case as long as there is national
registration on the matter)?

• Without NGO assistance, are beneficiaries able to obtain these

documents? If not, why not?

• Which laws regulate the issue of these documents? Are these

laws (or summaries) available in the NRC operating language?
If not, what information is available on the rules for the issue of
civil documents?

• Does the law require beneficiaries to apply for documents in

their areas of origin?

• Which authorities are responsible for issuing the various

documents? Are these authorities functioning throughout the
programme area? If not, where are they functioning?

• What will be the immediate and long-term impact on

beneficiaries from the receipt of civil documents?

• If NRC assists displaced persons obtain civil documents will

they be able to access the required benefits/services or will they
be excluded anyway on the basis of, for example, caste, gender
or current place of residence?

• Will NRC need a regional presence to facilitate document

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

processing (ie. cross-border or across the axes of
displacement)?

• Is the lack of documentation a legal issue or is it a political

issue? If political, what else is required to ensure the issue of
documentation can take place? Can ICLA tackle any of these
challenges?

• What are the key needs for capacity building with respect to civil
documentation? Which authorities are amenable to assistance/
support from NRC?

• What are the gender dimensions to the documentation issue?

How could NRC promote women’s participation in and women’s
rights through a documentation activity?

• How sustainable is the proposed documentation activity? What

happens when ICLA leaves?

For more information on the civil documentation issue and

programming considerations, see Section 4.1.

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Obstacles • What are the different categories of land and property ownership?
to durable
solutions: • What are the applicable laws? In which languages are these laws
housing, land available?
and property
(HLP) • How strong are customary tenure systems?

• Is the land administration, public administration working? To what

extent?

• What systems of records (if any) have been kept in the past? Are
these still available locally or centrally? How do the record-keeping
systems work (in law and in practice)? If destroyed, can they be
reconstructed/resurrected?

• What are the HLP legal issues: e.g. claims for rent or possession
of premises, eviction of unlawful residents, disputes regarding the
partition and demarcation of property, etc?

• How are land disputes currently being addressed? How effective

is this approach? If not effective, can current dispute resolution
systems be strengthened and if so, how?

• Which other forums/mechanisms could be established to address

these issues?

• Could interim policies be developed and implemented quickly to

help address emergency land access issues?

• Is facilitated mediation by NRC a possibility? How sustainable would

this approach be? (For consideration of this issue, Section 6.3.5).
What are the possible options for handover to another organisation
at the end of the ICLA programme?

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

• Are housing, land and property disputes legal or political? If political,
what else is required to ensure dispute resolution is durable, e.g.
greater transparency in demarcation of land, development planning,
accountability of traditional chiefs, civil and military authorities etc?

• What are the rights of women to property ownership at the national/

regional levels? What is the level of knowledge and implementation
of these rights?

• Are there any other gender dimensions to land and property issues?
How can women’s rights be promoted through any HLP activities?

• Is the land and property in question in the same location as the

displaced population or in their area of origin? In the latter case,
how could NRC assist with dispute resolution? Would this be
practical and cost/resource effective?

• Which advocacy initiatives can be undertaken to encourage the

resolution of HLP disputes?

• Is the target group vulnerable to forced evictions at the place of

displacement? Are there any legal avenues to provide assistance to
strengthen security of tenure?

• Are there any land or housing allocation schemes? Does the target
group have access to them?

For more information on the HLP issue and programming considerations

generally, see Section 4.2. 52
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Obstacles • Which activities have already been undertaking/are taking place
to durable on GBV (Is there a medical response? Which facilities/care are
solutions: available? Psychosocial care?) Police (is there a women and
gender-based children’s desk)?
violence
• What are the laws for rape, domestic violence, incest etc,
including the sentences? Are there criminal or civil remedies?
Which courts are involved and what are the other actors?

• What are the local attitudes to GBV as well as to sex,

relationships, privacy? What is the current response to GBV
cases in the programme area? GBV

• What advocacy initiatives can be undertaken to improve access

to information by NRC’s target group? E.g. relationship building
with relevant authorities, training to authorities of provide
information themselves etc.?

For more information on GBV and programming considerations, see

Section 4.3.
Other obstacles • What other legal concerns have been identified by beneficiaries
to durable and other stakeholders?
solutions
Note: Beneficiaries and local stakeholders may not be able
to identify legal issues. A beneficiary may state, for example,
that she has no legal concerns but that insufficient food is her
biggest problem. She may not know, however, that she has
a legal right to use her husband’s farm land, access to which
would resolve her basic sustenance problem.
(See Section 5.2.2 for more information on this point.)

• What other issues have been identified by NRC? For example:

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

- Compensation claims (e.g. for persons killed or property
destroyed)

- Children’s legal issues: foster care, guardianship (for their

general well-being and access to return/resettlement/
rehabilitation facilities)

- Criminal issues, e.g. trafficking of displaced persons,

harassment, illegal taxation, assault, unlawful detention
and other legal violations to which vulnerable, displaced
persons may be disproportionately subjected

- Impunity for human rights violations

- Claims for payment of benefits from the Government or

private parties under labour laws or contracts

- Inheritance disputes

- Family matters including divorce, dowry, spouse and child

maintenance and child custody

- Discrimination in employment, education etc.

• Which of the above issues are affecting the most vulnerable

persons? What can ICLA do to address these issues (including
advocacy initiatives)?

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5.1.7 Feasibility of implementing ICLA

Most questions of implementation feasibility (including access to beneficiar-
ies, security, funding and logistics) are common to all NRC Core Activities.
These issues are addressed in the ICLA Start Up Handbook (available on the
NRC intranet).

Some issues particular to ICLA are set out below.

Issue Sample queries

Availability The qualifications and experience of national staff has a significant
of suitably impact on ICLA programmes, which may require a higher level of
qualified analytical and conceptual skills amongst non-managerial staff than
national staff other NRC core activities

In Liberia, for example, the programme originally proposed the provision

of legal services extensively outside the capital. This concept was
found to be impossible to implement as the few qualified lawyers in
Liberia were not prepared to work outside the capital.

Accordingly, ICLA assessments should investigate and be realistic as

to the availability of local lawyers in the capital and regional centres,
the willingness of centrally located lawyers to work in regional areas
and the appropriateness of this approach.
Situations of • Which is the primary authority for law and order – civilian or
armed conflict military? Can ICLA establish a working relationship with this
authority? Or is there a rule of law vacuum?

• Are traditional systems still functioning? If so, to what degree?

• Have statutory courts been suspended?

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

• Have any parallel systems been established with which ICLA
could reasonably cooperate?

• Are displaced persons primarily living in camps? What are the

GBV implications?
Post-conflict • Is the situation actually ‘post’ conflict or is the conflict ongoing?
settings Which group is really ‘in charge’ in the proposed programme
areas? Is there a rule of law vacuum?

• Which authorities/institutions have primary responsibility for

judicial systems? What is their level of functionality, funding and
capacity? Can ICLA establish a working relationship with these
authorities?

• Were parallel structures developed during the conflict, e.g.

regional police forces or an alternate judicial system? If so, are
these still functioning, being dismantled or integrated?

• Are any transitional justice initiatives taking place with which

ICLA would need to interact?

• Have developments toward peace given rise to new conflicts or

tensions, e.g. within refugee communities or host populations?

• Are any major legal reforms taking place or due to take place,
e.g. a new constitution or land reform?

• What is the estimated political will to favour durable solutions for

the target group? 54
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Disaster • How quickly can programmes be established? If not in the
situation first weeks following the disaster, consider carefully whether an
considerations emergency ICLA programme is appropriate.

• Is the donor response likely to be along the lines of other major

disasters (such as the Pakistan earthquake)? If so, which
rehabilitation/reconstruction schemes can be predicted? What
documentation needs will arise from these schemes?

• Is the response to the disaster consistent with principles of

impartiality and neutrality, without discrimination?

• Will guardianship for orphaned children be required? What level

of knowledge do beneficiaries have of their documentation/legal
needs?

• Have cash payments been made to male heads of household?

Are displaced persons primarily living in camps? Is the military
or other armed groups active in the camps? What are the
protection/GBV implications?

• Were there any pre-existing land/property disputes? How might

the disaster exacerbate these?

• What is the potential for new HLP issues? Land/property grabs

during displacement? Destruction of landmarks for demarcation
of property during the disaster?

• Has any land disappeared (e.g. permanently submerged) as a

result of the disaster? Will compensation be made available?

• Any forced displacements after the disaster on the basis that

land is no longer habitable or high risk? Has compensation
been offered as a result?

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

• How are the gender dimensions of the disaster being
addressed?

5.1.8 Sustainability of impact

ICLA programmes may be designed for a particular period in a conflict or peace
process. For example, ICLA may be involved in facilitating the distribution
of civil documents in areas which authorities cannot access. However, once
access is possible, there will be no need for the continuity of ICLA’s activities.
In contrast, in other contexts, there may be a need for continued intervention
well into a development phase which may exceed NRC’s mandate. In this
case, careful consideration of the sustainability of ICLA’s work is required.

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Issues Considerations
Other • Which other organisations may be available to take over
organisations ICLA activities?
and partners
• Are they robust or just ‘one-man organisations’?

• Are they independent from the governing/power structures?

Geographically concentrated?

• Do any NGOs have a broad national and/or regional network?

What is their role: are the human rights actors active? Visible?
Vulnerable? Politicised?

• What is their reputation among the general population? The

refugee/IDP population? In the international community?

• If civil society in the area is weak, what are the opportunities to

contribute to building civic organisations?

• Could future nationalisation of the ICLA programme be feasible?

Funding • Is ICLA likely to attract funds from emergency budgets? If the
situation turns into a post-conflict scenario, will these funds still
be available?

• Are donors that have previously funded ICLA programmes

active in the area?

5.2 Programme formulation

5.2.1 Stakeholder participation

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

The first step in the conceptualisation of an ICLA programme is a compre-
hensive assessment (see Section 5.1). It is likely, however, that more detailed
assessments will be required upon the arrival in-country of the first ICLA staff.
This is an ideal opportunity to solicit greater participation from beneficiaries
and other local stakeholders in the design of the programme. Assessment
teams may not have had the time or resources to do this effectively. In under-
taking participatory consultations, project managers need to consider how
they will access and communicate with the target group. Unless a reliable
local partner is available to assist, the retention of local staff, even if only on a
short-term basis, could be useful for this purpose.

NRC’s position on the participation of target groups is clearly stated in the

Protection Policy:

“NRC will champion a participatory approach to protection, in recognition

that people affected by displacement are best able to protect themselves,
and thus must be at the very centre of decision-making concerning their
own protection and well-being. NRC will actively consult target groups
to gather accurate information about the protection risks they face, their
capacities and the solutions they propose, when designing programmes
for their benefit.”

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Participation can be solicited in numerous ways, such as through community

meetings, focus groups and one-on-one discussions. All participatory activi-
ties should ensure that a variety of voices from the target group are heard, that
is, not just community leaders but also the most vulnerable within a community,
especially women. See Section 7.6 on outreach activities for more information.

Useful, practical tips for the conduct of participatory assessments can be

found in the Handbook for the Protection of Internally Displaced Persons39
such as warning participants of any potential risks or inconveniences (such
as time away from family or job, or reminders of traumatic experiences) and
informing participants clearly as to the objectives and process of the assess-
ment (including its limitations, so as not to raise expectations).

Further resources:
UNHCR tool for participatory assessments in operations
[Link]

ALNAP publication, Participation by Crisis-Affected Populations in Humani-

tarian Action: A Handbook for Practitioners

Listening to the Voices of the Displaced: Lessons Learned, Brookings Insti-

tution

5.2.2 Issue identification – a key challenge for ICLA

This brings us to one of the greatest challenges for ICLA: to develop practical

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

and implementable solutions to identified issues to meet beneficiaries’ needs
in contexts where beneficiaries are unfamiliar with their rights, a rights-based
approach or the possibility of demanding their rights through legal means.
This difficulty differentiates ICLA from other NRC core activities. In the case
of distribution, for example, if the primary need is expressed to be food, food is
generally provided. Using an ICLA approach, however, if the primary need is
expressed to be food, the provision of information regarding women’s rights to
access to family-owned land may be provided. The only means of countering
this difficulty is, after identifying the most common and pressing ICLA issues
for the target group (including the concerns of the most vulnerable within this
group), to undertake systematic empirical research on potential solutions to
these issues within the scope of ICLA’s implementation methodologies. By
the end of this process, ICLA teams should be able to develop a mind map or
matrix along the lines of that below, which summarises the issues identified,
the implementation methods that may be used to address them and specific
activities.
39) Global Protection
Cluster Working Group,
in particular, see Part III,
Chapter 1.

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Issues 1. GBV 2. Civil 2. HLP 4. Other key

identified documentation (women’s issues - Illegal
property rights) taxation
ICLA
Methods
Information Various info As per GBV, As per GBV Posters only
dissemination focussed on
methods non-registered
including IDPs in camps
community
meetings;
posters; radio
Counselling Yes Yes Mobile clinics Yes

Legal Not possible Further Support No

Assistance due to existing research on applications
laws the appropriate to chiefs’ and
courts, County courts
processes and
likelihood of
success for such
claims is pending
Capacity May be Increase Yes
Building required local bodies’
(technical awareness of
support) for applicable laws
drafting new
laws and
training for

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

implementation
and
enforcement
Advocacy Urgent need Local and Yes Based on info
for law reform national levels; received from
increase CM team,
awareness and develop joint
enforcement advocacy
initiatives,
leveraging
CM’s contacts

From the information collected and in conjunction with a consideration of

ICLA’s target group, project managers will be able to make more informed
decisions about the scope of the programme and its ‘manageability’. In other
words, are the proposed programme objectives and activities proposed
realistic in light of the available resources (including funds and staff) and the
country context (security, logistic hurdles, etc)? On this point, the following
comments from the evaluation of the Uganda IDP programme in Lira are highly
relevant:

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“ICLA tried to address the largest and most difficult problems facing
IDPs – the lack of rule of law, the lack of an administrative system in
camps, the quality of governance, the discrimination against women in
local culture … It could never have hoped to show major, visible change
on these issues within the time frame of the activities ... ICLA needs to
be much more explicit in its project documents about the scale of the
problems it is addressing and much more realistic about what behaviour
change it wants to achieve. It then needs to make sure that these project
documents are used as a management tool and not just for soliciting
funds!”40

At the preliminary planning stage, ICLA project managers should also be

aware of the need to:

• situate the programme design within the overall country strategy;

• develop linkages and leverage commonalities with other core

activities; and

• be aware of their role to maintain the relevance of the programme

in changing political, security and legal contexts and be prepared to
change the programme design, activities, style of implementation, etc
accordingly. Early in the preliminary planning stage, project managers
should already identify areas where flexibility in the programme design
may be required.

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

To guide the programme design process, the chapter of this Handbook on
ICLA Implementation and the examples of ICLA activities contained therein
should also be reviewed (see Section 7 below).

5.2.3 Developing a Logstical framework (logframe)

After producing a map of the target groups’ key needs, developing possible
40) NRC, ICLA evaluation,
ICLA solutions for addressing those needs and refining the target group, a
Lira, Uganda, January 2007 logical framework or ‘logframe’ will be drafted.

41) There is a large volume The logframe is a tool which is intended to assist mangers and stakeholders
of literature on the use of
logframes and the ‘Logical
conceptualise a programme and show linkages between various programme
Framework Approach’, on components.41 Logframes also serve as a very useful summary of a programme
both the advantages and
limitations of these tools
and can be particularly helpful for explaining the programme to others.
and how they are and can
be used in practice. These
can easily be located on
Logframe formats vary from donor to donor. However, these will usually
the internet. On good ex- include the following categories:
ample is (Swedish) SIDA’s
report, ‘The Use and Abuse
• General objectives
of the Logical Framework • Specific objectives
Approach’ (2005).
• Outputs and Outcomes
• Verifiable indicators
• Sources of verification
• Assumptions and risks
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Samples of each of these for ICLA programmes are listed below. Similar infor-
mation is available in the Project Application Toolkit and Generic Resource
Text for ICLA on the NRC intranet. (See also Appendix 4.)

Sample General Objectives

• To enhance the protection of IDPs in [programme area] and their
capacity to seek durable solutions to displacement through the
provision of information, counselling, legal and assistance
• to increase awareness among IDPs /refugees of their land rights,
assist IDPs in removing obstacles to durable solution and contribute
to an improved access to justice system.
• To enhance IDPs/refugees’ knowledge of their rights and support
them to demand their rights through information, counselling and
legal assistance
• To support the protection of refugees/IDPs in [programme area] and
their capacity to seek durable solutions to displacement
• To promote the obligations of the State to IDPs at the local and
national levels
• To assist earthquake victims in [programme area] address legal
issues related to their housing, land and property rights
• To assist refugees in [programme area] by removing legal and admin-
istrative obstacles to durable solutions related to their return

Note that the word ‘ensure’ should be avoided in drafting objectives as NRC
cannot ‘ensure’ anything that is not 100% within its control. Words such as
‘promote’, ‘contribute’ and ‘encourage’ are recommended alternatives.

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

Sample Specific Objectives
Specific objectives are not required for all logframe formats. However, if they
are, below are some samples ICLA staff may wish to use or adapt.
• To counsel earthquake affectees on obtaining civil documents
• To create awareness of earthquake affectees’ land and property
rights and entitlements under earthquake compensation schemes
• To promote the use of Ombudsman for redressing maladministration
issues
• To encourage the use of knowledge on [insert issue] generated
through the programme by relevant government and non-governmen-
tal entities
• To enable targeted IDPs and leaders to take positive actions to
prevent land disputes
• To strengthen formal and customary legal systems at the grass roots
level to better address disputes relating to returnees
• To assist IDP in the dispute resolution process through legal counsel-
ling and direct legal assistance to improve IDPs access to land
• To represent IDPs in property restitution processes to enhance their
access justice and to their property rights

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Sample Outcomes and Outputs

Results may be both qualitative and quantitative in nature. For example:
• 1500 earthquake affectees provided one-on-one counselling on how
to obtain their civil documents
• 2000 IDPs have increased awareness of their rights to integrate, return
or resettle and information on how to access and enforce those rights
• 1000 beneficiaries provided with information on their land and property
rights and entitlements through ICLA community meetings
• Beneficiaries have increased access to civil documents, without indi-
vidual counselling or interventions by NRC
• Comprehensive research conducted on the laws of [insert topic].
Research findings documented and published by ICLA
• More accurate and comprehensive information collected and shared
with the humanitarian community and Government on the conditions
and locations of IDPs, their common legal and protection issues and
their means of redress
• Increased awareness and respect of IDP rights and the obligations of
the Government to IDPs at the local and national levels

Sample ICLA Verifiable Indicators

Indicators are tools for tracking change or impact from a previously assessed
baseline. A good indicator must be specific and measurable, or verifiable.
As ICLA programme outcomes outputs are often ‘soft’, both quantitative and
qualitative indicators are required.

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

“… qualitative statements about achieved changes or outcomes [and] … quan-
titative indicators developed in the context of the desired changes or outcomes
[are] … particularly important for advocacy or human rights focused programmes
in which one is often seeking to affect changes to policies and behaviours. Without
such a framework, it becomes exceedingly difficult to appraise sustainability and
results.”
ICLA Burundi Evaluation, March 2008

Quantitative indicators:
All quantitative data relating to service provision should be disaggregated by
gender. The new global Core Activity Database has become the main tool for
capturing standard ICLA statistics. The Core Activity Database is posted on
NRC’s intranet and can be accessed on-line by managers and advisers to
report statistics and conduct data analysis. Some of the examples provided
below are captured in the Core Activity Database while others can be used to
fulfil the needs of specific projects.

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Service and beneficiary-related examples:

• Number of ICLA services provided;
• Number of participants at community outreach meetings/workshops;
• Number of legal cases opened and closed;
• Number of clients successful in redressing their own issues in accord-
ance with NRC advice
• Number of beneficiaries successful in obtaining documents after inter-
vention by NRC
• Number of land and property disputes in rural and urban areas are
documented and analysed
• Percentage of essential services in the area documented
• Number of research reports and advocacy papers written.

Communications-related examples:
• Number of media units (TV programmes, radio spots, leaflets, etc)
released during the reporting period
• Number of clients approaching NRC as a result of NRC media units
• Volume of free coverage of ICLA messages appearing in the local
media

Qualitative indicators:
Qualitative indicators are used for measuring changes that cannot be counted
but need to be described. They are particularly important in ICLA programmes
where beneficiary numbers may be low but significant time and effort take to
achieve a result is required (for example, in court cases) or the impact of
ICLA’s efforts is extremely high (for example, preventing a girl from being traf-
ficked). Qualitative indicators are essential for determining the impact of ICLA

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

on beneficiaries. Examples of qualitative indicators are:
• Steps taken by the government to implement the Guiding Principles
on IDPs
• Steps taken by local partners to mainstream gender-concerns into
their refugee programmes
• Steps taken by beneficiaries to assist themselves on the basis of
NRC information and advice
• Changes in legislation affecting the target group
• Reasoning in judicial decisions consistent with refugee/IDP rights
• Ad hoc measures taken by relevant authorities to provide services to
and facilitate the protection of refugees
• Improved timeliness in the response from local authorities to IDP
requests
• Improved responses from police to female victims of GBV
• Increase in requests for training on ICLA issues from local stakeholders
• IDPs demonstrate greater trust in local authorities’ ability to resolve
local disputes
• Beneficiaries’ capacity built in [subject area] and positive change of
behaviour seen due to ICLA services.
• Level of cooperation with other [specified] protection actors

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Sample ICLA Sources of Verification

• Statistics from the ICLA [or another core activity] database
• NRC client registration [or in-take] forms
• Field reports
• Monitoring & evaluation reports
• Meeting minutes
• File notes of informal and formal interventions
• Follow up interviews with former clients
• Random beneficiary surveys
• Workshop reports
• Government policy documents
• Amended or new legislation
• Court decisions

Sample Risks and Assumptions

• Insufficient funds (particularly where donors express a wish to co-
fund programmes only)
• Access to areas in which the target group is residing
• Authorisation to operate from national and local authorities remains in
place
• Adequate security in the programme area (both for NRC staff and
target beneficiaries)
• Willingness of national and local authorities to support and be
supported by NRC activities
• UN agencies and other organisations provide adequate protection &
assistance to refugees and returnees
• Risk of refoulement of refugees

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

5.2.5. Strategic Planning
There are two main strategic planning tools in use for country programmes in
NRC:
• the Country Strategies;
• the Plan of Action (objectives, indicators and initiatives)

Monitoring and reporting of country programme strategy implementation are

done quarterly through the Balanced Scorecard and Quarterly Report. The
Balance Score Card is used as a common framework for developing strate-
gies and plans of action.

Each of the ‘ovals’ represents a specific strategic objective, each of which is

further developed and clarified into a set of objective [Link] balanced
scorecard is a tool that translates the organisation’s mission and strategy into
a comprehensive set of performance measures, which provide a framework
for strategic management, based on ongoing monitoring and adjustment,
through key performance indicators, targets and initiatives.

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NRC Country - Strategy Map 20xx-20xx

Protection and durable solutions to people who have been forced to flee

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

ICLA strategic approach is usually reflected in these planning tools but some
ICLA programmes may choose to develop specific ICLA strategies. The
rationale for developing such strategies could respond to one or more of the
following issues:

• Programmes are composed of a myriad of different project documents

with different outputs and outcomes that require one higher level of
analyses to ensure programmematic coordination and coherence;
• Donors are requiring that a strategy document is developed;
• Managers want to ensure that exit is planned well in advance;
• Due to the complexity of the legal issues at stake, a specific legal
strategy is required;
• There is a need to re-examine the hierarchy of goals and objectives in
light of the context analysis, the focus of the programme (e.g. informa-
tion and legal assistance for property repossession) and the resources
available.

A common concern is that the process of develop a programme strategy is

overlapping with that used for developing project proposals for donors. In
fact, each project proposal includes strategic elements: contextual analysis
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and problem statement, log frames, stakeholder analysis and participation,

etc. Managers should ensure that processes are not overlapping and that
strategies are not developed only to fulfil formalities, but rather to ensure
that the programmes are better positioned to achieve their goals. Hence, it is
essential to define what is the aim of developing a specific ICLA strategy to
avoid overlapping with existing processes and tools.

In developing an ICLA programme strategy, you typically move from a project

level to a programme level covering more than one ICLA project or focusing
in one specific theme crosscutting several projects, for example on Gender
Based Violence or Housing, Land and Property.

Whatever the level, the standard steps in a strategic planning process are
similar and to a large extent coincide with those proposed in this chapter for
carrying out programme formulation:
1. Define what is the objective of the programme;
. Conduct a contextual analysis (stakeholders, situation, etc) and an
internal analysis (structures, deployment, resources, etc);
. Develop a problem statement;
4. Develop and prioritize strategic initiatives to address the problem;
. Develop a plan of action including indicators, responsibilities, etc;
. Ensure monitoring and reporting on the implementation of the
strategy.

Further resources:
NRC Strategic Management Toolkit

PART 5 – ICLA ASSESSMENTS AND PROGRAM FORMULATION

NRC Strategic Objectives 2007-2009
NRC Strategy Map 2007-2009

Project Application Toolkit and Generic Resource Text

EC Project Cycle Guidelines

NORAD, The Logical Framework Approach (LFA): Handbook for Objectives-

Oriented Planning

UNDP Oslo Governance Centre, Democratic Governance Assessments

[Link]

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PART 6 – ICLA METHODS

6.1 Information

“The case studies show that people (when sufficiently armed with correct
information about their rights, remedies and where they can go to seek help in a
non-alienating environment and with support) have been able to generate change
using the standards within the human rights frameworks to argue for improved
conditions and treatment … ensuring human rights compliance does not have to
be litigation led and that resolutions can be negotiated by people without resort to
the courts, using the language and culture of human rights.” 42

6.1.1 The right to information

The provision of information by ICLA is founded on the right to information

which was first widely acknowledged in 1946 when the UN General Assembly
adopted Resolution 59(I), stating:

“freedom of information is a fundamental human right and is the touch-

stone of all the freedoms to which the United Nations is consecrated”.

Subsequently, reference to this right was included in Article 19(2) of the

ICCPR which states that:

“Everyone shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all
kinds ...”.

The ability to access information has since be recognised as essential for the
development of democratic societies on the basis that access to information
is required for participation in decision-making, to promote transparency and
hence accountability and lower levels of corruption, for the empowerment of
42) L. Curran, ‘Ensuring
otherwise disenfranchised groups, to establish the trust of citizens in their
Justice and Enhancing government and thus, to work towards the strengthening of that system. For
Human Rights: A Report
on Improving Legal Aid
example, in 1995, the UN Special Rapporteur on Freedom of Opinion and
Service Delivery to Reach Expression, elaborated on this right:
Vulnerable and Disadvan-
PART 6 – ICLA METHODS

taged People’, La Trobe

University, Australia, 2007. “Freedom will be bereft of all effectiveness if the people have no access
43) Report of the Special
to information. Access to information is basic to the democratic way of
Rapporteur, Mr Abid Hus- life.” 43
sain, pursuant to Com-
mission on Human Rights
resolution 1993/45. Further resources:
UNDP, Right to information - Practical Guidance Note

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6.1.2 Information and ICLA

ICLA’s information activities aim to provide access to accurate, reliable and
timely information to individuals and communities to make sound decisions
regarding durable solutions to their displacement and to raise their awareness
of their rights.

The basic difference between information and counselling activities is that

information is generic and not tailored to solve specific problems or needs of
an individual or group. The information provided should not imply an advice on
what is the best solution (viable, sustainable, etc) to a specific problem.

There are two categories within the ICLA information method:

• the provision of accurate but generic information with respect to durable
solutions (return, local integration or resettlement) and obstacles to
durable solutions (that is, the core ‘ICLA issues’) and;
• rights awareness and sensitisation.

These categories are elaborated below.

6.1.3 Providing information on durable solutions

Consistent with the categories established in the Core Activity Database, the
provision of information on issues directly related to durable solutions - return,
resettlement or reintegration - may include:
• the general situation (the political situation, safety and security, freedom
of movement, amnesties, mechanisms for reintegration, etc);
• procedures for returning, integrating locally or settling elsewhere
(including the documents needed, the legal or administrative proce-
dures, reintegration packages available, available transport, etc);
• the conditions on return, local integration or settlement elsewhere
(access to housing land and property, livelihoods, public services,
assistance from national and international agencies, etc);
• information about services provided in the place of displacement,
resettlement or return, by NRC and other humanitarian actors.

For the reasons set out in Section 3.1, ICLA does not differentiate between
‘legal’ and ‘non-legal’ issues. Therefore, information provided on issues of
a typically legal character (e.g. property rights, the time it may take to solve
a particular kind of case, etc) that is not specific to an individual’s case is
categorised as an ‘information’ as opposed to ‘legal assistance’ service.
PART 6 – ICLA METHODS

6.1.4 Rights awareness and sensitisation

Depending on the context, this component of ICLA’s information or method
may entail the provision of information to beneficiaries on the following:
• international human rights laws and standards;
• rights contained in domestic statutory law (e.g. constitution); or
• rights arising from customary laws and practices.

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Awareness and sensitization is different from training. Training implies a

transfer of skills while awareness and sensitization only implies that benefici-
aries become aware about the existence of rights and their scope.

Example 1: Provision of return information to Sudanese refugees in

Uganda (West Nile)

The West Nile program provides Sudanese refugees with information on issues
related to conditions in South Sudan, including security, livelihoods, education, food
and water facilities. Other information relating to potential obstacles to return:
• the concepts and laws of discrimination, arrest/detention (cause, length,
conditions)
• the concepts and laws of fair and due process
• the Government structure, judicial system and election procedures in Sudan;
and
• marriage/divorce and acts of violence (if any aspect within these has a clear
gender connotation).

The above topics and the specific counties for which return information was required
were determined through needs assessments throughout the project cycle and
visits by the ICLA sister-project in South Sudan (which also coordinated with other
relevant agencies in South Sudan, e.g. IRC, UNHCR). UNCHR’s South Sudan
‘Village Assessment Database’ was utilized to ensure that collected and requested
data was compiled, using a consistent terminology and approach.

The information collected was disseminated at community meetings, focal group

discussions, via weekly radio broadcasts on local FM stations and drama produc-
tions (street drama) using established community-based theatre groups. These
methods were selected on the basis of impact and cost-effectiveness.

The key reported impact of this activity is that beneficiaries were ‘better prepared’
for their return. This was described by beneficiaries as having more information
than prior to ICLA’s interventions about such issues as:
• the UNHCR´s voluntary return process (e.g. how much life-stock could be
brought onboard)
• prices on food/non-food items (including farming items, e.g. seeds)
• water accessibility
• existing/emerging conflict zones
• mine-affected areas
• school access (including costs)
• climatic/seasonal effects
• existence of administrative/judicial services, how to approach these and the
g. documentation required.
PART 6 – ICLA METHODS

Beneficiaries also stated that they had more information regarding the institutions
and organisations (including NGOs) to turn to for help on specific problems.

Example 2: GBV awareness raising for IDPs, Sri Lanka

In northern Sri Lanka, legal staff hold information sessions with IDPs on:
• the law on domestic violence, rape, incest, trafficking, marriage and divorce
• the legal process for taking a case to court (eg. giving evidence and whether
there would be police involvement)
• the realities of taking a case to court (eg. how long it could take, whether an
order will be enforced, the risks involved and support services available).
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Women’s groups are an obvious forum but men’s and youth groups should also
be included. Part of the aim of these sessions is also to make lawyers accessible
to communities.

Over time, the team saw a change of attitude in some communities and a sense of
possibility. The community in one camp decided it was not going to accept rapes,
wanted punishments and reacted to some further incidents accordingly. Another
important step was making women aware that they do not have to go to the police
for domestic violence cases (the majority Tamil community being generally fright-
ened to do so) as there is also a civil (and closed) court process.

The project team also discovered that the biggest deterrent to victims seeking
medical or legal assistance was a lack of confidentiality. Accordingly, as an
advocacy activity, ICLA worked on improving the confidentiality of psychosocial
counsellors, the hospital services and the police (see section 4.3 on GBV for
more information). One reality the team faced, however, was the fact that the legal
process was slow and implementation difficult, so the summary action of armed
groups was sometimes more attractive to victims.

6.1.5 Accuracy, reliability and impartiality of information

In positioning itself as a provider of information ICLA must ensure it provides:
reliable, accurate, up-to-date and impartial information. If ICLA is not in a
position to collect and verify information itself it must:
• take steps to ensure that the information is procured from the most
reliable sources;
• take steps to ensure the information has not been manipulated by any
parties to the conflict to reflect their own interests;
• carefully consider the political orientation and gender biases of
programme staff;
• provide beneficiaries with the source of the information; and
• alert beneficiaries to the absence of independent verification by NRC.

This is important for all types of information, but particularly in the case of
return information (especially on issues of security) on the basis of which
PART 6 – ICLA METHODS

beneficiaries may make life changing decisions. See also ‘Do No Harm’ in
Section 3.5.6.

If ICLA is not able to provide beneficiaries with high quality information,

particularly in return cases, think about whether alternative approaches can
be taken. For example, can ICLA facilitate potential returnees to collect their
own information through ‘go and see’ visits or by providing returnees with
telephone access.

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6.1.6 Socio-economic information in a legal assistance programme

In some ICLA programmes, the provision of counselling and legal assist-
ance constitutes the vast majority of services. Even in such programmes, the
provision of information on socio-economic needs can be extremely valuable
and a means of achieving real, durable solutions rather than the granting
of bare legal rights. This issue was highlighted in an Azerbaijan evaluation
report:
“... the project has focused on legal issues primarily with regards to docu-
mentation and [property restitution or compensation, labour-related rights,
pensions and other social benefits] ... These issues are both important
and appropriate ... In addition however, given that a lack of access to
basic services as mandated in the Guiding Principles and Azerbaijani
law remains an issue in many IDP communities, this should probably be
added as a priority area.” 44

Accordingly, ICLA programmes need to be continually alert to the needs of

the target beneficiaries and reassess and adjust the programme as required
to meet these needs to the extent possible within the limitations of funds and
programme documents.

6.2. Counselling

The ICLA ‘counselling’ activity entails the provision of basic, one-on-one

assistance on any ICLA issue. It is a step beyond information on durable
solutions or rights because it entails a degree of analysis of the problems
faced by the beneficiary and advice on what is the best possible course of
action to solve a particular problem. Quick one-off advice does not, however,
in any way reduce the professional obligation to provide accurate and correct
information or advice.

Counselling also includes referrals to other service providers, one means by

which ICLA aims to take a holistic approach to protection.45

Below are examples of services to which ICLA programmes have been

referred:
• Providers of legal aid on issues not covered by ICLA;
44) NRC, ICLA Azerbaijan
Evaluation Report, 2007,
• Psychosocial counselling service providers;
• GBV organisations;
PART 6 – ICLA METHODS

p8
• HIV/AIDs testing and counselling services;
45) See the NRC Protec- • Medical facilities, including for reproductive health issues;
tion Policy, 2008, p 4:
“Protection concerns which
• Income generation and micro-credit schemes; and
reach beyond the compara- • Organisations offering educational scholarships and skills training
tive advantage of NRC will
be actively referred to
providers
national authorities, civil
society, other NGOs, inter-
national organisations and
donors as appropriate.”

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In order to ensure referrals are effective and useful, quality information must
be collected and regularly updated on the services provided by other organi-
sations and their capacity to assist ICLA beneficiaries. Referring beneficiar-
ies to organisations that are not in a position to provide the required support
has zero impact.

To enhance the impact of referrals, programmes may wish to select a limited

number of organisations only for referral purposes and establish close working
relationships with those organisations both at the central and local levels.

Referrals may also be made on a group basis.

Example: Referring a community to an HIV/AIDS provider, Nepal

A community was identified by ICLA field staff in southern Nepal as highly vulner-
able, in a very high risk HIV/AIDS group (due to the extensive travel of men to
and from India for work) and with very low levels of HIV/AIDS awareness. NRC
had already established a working relationship with a local HIV/AIDS NGO for
the purpose of individual referrals. In this case, NRC shared information about
this community with the NGO, which subsequently included this community in its
regular awareness raising and testing activities.

6.3. Legal Assistance

Legal assistance may be defined as the activities enabling people to make

informed decisions and choices to initiate and pursue legal and justice proce-
dures. People may be in need of legal assistance because they do not know
how to reach these procedures, or do not have the financial capacity to buy
services from private providers. Legal and justice procedures may include
sophisticated judicial mechanisms, administrative procedures, customary
processes, etc.

“All persons are entitled to call upon the assistance of a lawyer of their choice
to protect and establish their rights ...”
Principle 1, United Nations Basic Principles on the Role of Lawyers (1990)
PART 6 – ICLA METHODS

Hence, legal assistance is essential to promote and facilitate the right to

access certain specific rights depending of the outcome of legal and justice
procedures but also to fulfil another fundamental right directly: the right to
legal aid as a component of the right to access justice. Some of the key,
human rights documents contain an express recognition of a right to legal aid.
ICCPR, for example, recognises in Article 14(3)(d)) the right to:

“legal assistance … in any case where the interests of justice so require,

and without payment … if [the accused] does not have sufficient means to
pay for it”. 71
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Since Article 14 of ICCPR relates to criminal legal aid only, the free legal
assistance envisaged is narrower than the provision of free legal assist-
ance by ICLA. However, the concept is the same, ie. that legal aid provides
assistance to beneficiaries otherwise lacking the capacity and ability to claim
remedies against infringements of their rights or grievances as a consequence
of actions or omissions of others. Legal assistance will enable them to make
informed decisions in navigating legal processes.

In programme documents, donor proposals, etc it may also be useful to refer

to the other basic human rights which would be inaccessible without free
legal aid, such as equality before the law (UDHR, Article 7) and the numerous
expressions of the particular rights applicable to the key ICLA issues.

6.3.1 Legal assistance by ICLA

According to the ICLA policy, legal assistance may be pursued through a
number of forms and mechanisms:

“NRC provides legal assistance, usually through individual case work, but
it may also entail class action. […] NRC may pursue legal action through
all relevant local, national and international legal systems and mechanisms,
including customary law, conflict resolution and mediation mechanisms and
any other prevalent systems of law- in addition to statutory law and the
courts.”

Legal assistance implies some degree of representation between NRC and

the beneficiary of the intervention. The beneficiary entrusts NRC, more or
less formally,46 to assist with the resolution of a specific legal problem or
problems. The principal difference with information and counselling is that
when providing those modalities of assistance NRC is not representing the
beneficiaries throughout the process, rather they may solve the problems
themselves. In the case of legal assistance, however, further NRC intervention
is required. Furthermore, legal assistance requires the use of a legal analysis
and methodology to approach and resolve the problems of beneficiaries, that
is using rules and mechanisms before justices systems, to obtain a decision
on the remedies that beneficiaries are entitled to.

‘Legal assistance’ may be provided on any ICLA issue, whether that issue is
generally conceived as a ‘legal’ issue (e.g. a dispute over property rights) or
has acquired a ‘legal character’ due to the fact that it relates to the denial of
PART 6 – ICLA METHODS

a particular legal or human right. For example, schooling for children is not
generally considered to be a ‘legal’ issue. However, if IDP children are denied
access to education (either on the basis of their IDP status or because they
46) See Section 6.2. for do not have the requisite documentation), their right to education has been
the minimum standards to
be followed in legal assist-
denied. This becomes a legal issue and any active intervention in response to
ance. this issue by ICLA is categorised as ‘legal assistance’.

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‘Legal assistance’ may take a wide variety of forms, ranging from sending
letters on behalf of a beneficiary to the relevant government authorities or non-
State entities, to alternative forms of dispute resolution and the preparation
and representation of cases in front of courts. This will very much depend of
the existing mechanisms and capacities in the different countries where ICLA
is implemented.

An important task when involved in individual cases is to analyse and

summarise cases of concern (often gender-related) and bring such concern
up at a political level as part of the programme’s advocacy initiatives wherever
possible. (See Section 6.4 below for more details on advocacy).
• In addition to the information on ‘in court representation’ and ‘ADR’
by ICLA below in this chapter, see examples of ICLA legal assistance
in Sections 4.2 and 4.3 above
• The chapter of this Handbook on ICLA Implementation, particularly
with respect to the management of legal aid services (see Section 7)

6.3.2 Legal Assistance in formal justice systems

Formal justice systems involve civil and criminal justice and include formal
state-based justice institutions and procedures such as police, prosecution,
courts (also religious when stated by law) and custodial measures.47

Generally, legal assistance provided by ICLA programmes in formal justice

systems implies a wide variety of work before courts, including providing in-
court representation through ICLA staff or outside counsel engaged to that
effect. The extent of the assistance provided may vary from producing under-
lying documentation, collecting evidences, formulating legal arguments in
different types of writs, accompanying beneficiaries throughout the process,
representing them throughout the litigation and following up on the execution
of the decisions.

ICLA programmes have used different litigation strategies in working with

courts to overcome legal obstacles and obtain protection of rights. Strategies
may vary from trying to reach as many beneficiaries as possible in order to
get the highest number of cases processed, to the selection of specific test
cases that can advance jurisprudence in a particular matter. A combination of
both strategies is of course also possible.

The choice of litigation strategies will depend of a number of factors: donor

PART 6 – ICLA METHODS

requirements to deliver assistance to large numbers of people, the chances

of success in particular legal issues, the length of the proceedings, the likeli-
hood of local actors making use of the outcome of few test cases to advance
47) UNDP, (E.
the rights of a larger number of beneficiaries, etc.
Wojkowska) ‘Doing Justice:
How informal justice sys-
tems can contribute’, 2006.
It is also essential to remember that for ICLA programmes “winning” cases
is not necessarily the only criteria for success. Even when cases are not
won, successful litigation could imply visualizing specific legal issues, that
cases are being processed according to minimum standards of due process,
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that communities engage in policy discussions with authorities when judicial

avenues prove not to be working, to advocate for structural changes in the
justice sector (i.e. to ensure that backlogs are not so big that proceedings are
unduly delayed), etc.

In engaging with formal justice systems ICLA programmes should carefully

consider the following:
• The costs associated to proceedings before a court of justice;
• The legal requisites for representing clients in court: licenses, legal
personality of NRC in the country, etc;
• Conflict of interest between beneficiaries that may benefit from different
types of NRC assistance;
• Length of proceedings, not only at first instance, but also up to the
higher instance including international bodies;
• Likelihood of achieving remedies and entitlements, not only decisions
but also their implementation;
• Feasibility of obtaining evidence;
• Security, economic and other risks that may arise for the beneficiary;
• The beneficiary of the assistance should thoroughly informed of all
dimensions (time, outcomes, risk) before starting a process before the
courts.

Further resources:
A practical guide to international treaty obligations in human rights, Southern
Africa Litigation Centre

Example 1: Legal assistance (including in-court representation), Pakistan

(earthquake)
The Pakistan program provided legal advice and in-court representation on issues
arising directly from the disaster, including:
• declaratory suits to establish tenancy relationships so that tenants may
access home reconstruction grants
• injunctions to restrict parties dealing with a property until a dispute is
resolved
• tenancy disputes where housing is no longer in a habitable condition
• partition and demarcation disputes
• succession (inheritance) disputes
• family law cases, including divorce, dowry and guardianship
• the appointment of guardians so that a child can access his/her legal entitle-
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ments under rehabilitation/compensation schemes.

Approximately 85 – 90% of these cases were resolved and closed in less than 6
months, with the remainder taking longer than 12 months. This short time-frame for
the large majority of cases was central to the program objective, that is, to resolve
issues quickly so that the target beneficiaries could participate in time-bound reha-
bilitation programs.

The former Project Manager noted that in addition to the above categories of
claims, other ICLA programs could consider filing cases for the judicial review of
administrative decisions made under compensation etc schemes.

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6.3.3 Legal assistance in administrative procedures 48

Displaced persons often can access rights and services through the relevant
administrative procedures and mechanisms. Administrative procedures are
commonly used to address cases involving human rights, property restitution,
access to housing, land tenure rights, documentation required for citizenship,
recognition of displacement status or social benefits such as employment or
pension rights. Much of ICLA’s legal assistance is devoted to assist displaced
persons in addressing their claims to the public administration bodies respon-
sible for the delivery of services and rights.

Procedures before administrative bodies may require several rounds of inter-

actions and even appeals to higher bodies still within the realm of public
administration (i.e. administrative procedures not judicial). Usually, the admin-
istrative legal avenues do not require representation by a qualified lawyer but
the procedures are so cumbersome that individuals may require assistance
to navigate them.

Example: Legal assistance in administrative procedures from Colombia

In Colombia, the Law on Internal Displacement (Ley 387 de 1997) defines who is
an internally displaced person. Accordingly, displaced persons who meet the defi-
nition of the law have the right to be registered in the Unified Registry of Displaced
Population and to receive the assistance provided by the law until their rights are
restored. The registration and the delivery of assistance are under the responsibility
of “Acción Social” a body of Colombian public administration that will decide case
by case on the basis of a declaration issued by the displaced persons themselves.
The application of displaced persons may be rejected leaving them without access
to assistance. The ICLA programme supports displaced persons in formulating
their declaration and filing administrative appeals when the application is rejected.
This assistance is essential for displaced persons to provide appropriate informa-
tion to meet the rather narrow interpretation of the law by the authorities –which
excludes many displaced persons from receiving assistance- and to formulate legal
arguments in appeal writs.

6.3.4 Legal assistance before “informal” justice systems

Formal institutions and infrastructure are often not functioning, even not
existing, in NRC countries of operations. This may be a direct consequence
of conflict or natural disasters or simply a feature of countries with low devel-
opment standards. In such contexts, the so-called informal systems may be
the only avenues for displaced persons to address their claims.
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What are informal justice systems? Informal justice systems can be referred
to mechanisms falling outside the formal justice system and that are adminis-
48) For further reference
see: UNDP, (E. Wojkows- tered by non-state institutions. However, the term may not accurately reflect
ka) ‘Doing Justice: How all circumstances and types of systems –religious, customary, popular, etc.
informal justice systems
can contribute’. Also, in many instances the division between formal and informal, state or
non state-administered, etc does not reflect situations when the state recog-
nises customary and religious institutions and religious and customary law is
acknowledge as part of the legal framework.
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Legal pluralism is inherent to countries with strong informal systems. Legal

pluralism means the existence of multiple legal systems within one geographic
area. Plural legal systems are particularly prevalent in former colonies, where
the law of a former colonial authority may exist alongside more traditional legal
systems. Addressing justice issues through informal systems in contexts of
legal pluralism is not free from controversy. There are concerns that informal
systems may not be fully in line with international human rights standards,
in particular regarding due process and women’s rights. Another concern
is the validity and durability of decisions adopted by informal bodies, espe-
cially in situations where laws and rules may be at conflict with each other
and decisions may be subsequently superseded by newly created institutions
creating tensions among individuals and communities.

Weaknesses of informal systems Strengths of informal systems

Unequal power relations and Understandable and culturally comfortable

susceptibility to elite capture
Unfair and unequal treatment of women Focus on consensus, reconciliation and
and disadvantaged groups social harmony
Lack of accountability Possibilities of partnerships with the formal
justice system
Opaque interface between informal and Swift solutions
informal justice systems
Non-adherence to human rights Social legitimacy, trust and understanding of
standards local problem
Unsuitable for certain important disputes Informal justice systems often survive violent
conflict
Geographical and financial accessibility

ICLA programmes need to adopt a pragmatic approach to the use of informal

systems. Despite the general goal of promoting rule of law and human rights
(see Section 3.5.3.), solving the complicated cultural, political economic,
social and legal problems arising from legal pluralism is beyond the realm
ICLA activities. ICLA programmes should use informal mechanisms where
they represent genuine opportunities to advance the rights of target groups
and contribute to reaching durable solutions.
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Example 1: Using jirgas and shuras in Afghanistan

In Afghanistan, problems related to realization of housing, land and property rights,

such as tenure instability, secondary occupation, land grabbing and impunity,
corruption in land allocation and government acquisition, are one of the greatest
challenges facing returnees. The lack of fully functional and universally available
land registration, allocation and adjudication systems is a contributing factor to
instability and insecurity in some areas due to land-related disputes.

NRC therefore believes that any real and lasting resolution to issues of land resti-
tution, access and administration will require attention to existing community
methods, community acceptance and enforcement. NRC has found that if the
informal systems are closely monitored, they can be highly successful in resolving
land-related disputes, making decisions that are compatible with sharia and national
law, enforcement and registration of those decisions with the formal system and
administering agreements over land use. With increased training and capacity
building activities, this trend could be readily encouraged and further systematized
for use in a comprehensive land administration system.

Within many communities, customary practices related to land administration and

adjudication are considered more equitable, accessible, cost and time effective
than state mechanisms. In NRC’s experience, participants in the informal process
have an interest in securing more formal arrangements than those available at
the community level. NRC has found that supporting the formal registration of
customary documents and jirga/shura decisions is a way of tapping into existing
beliefs to form links with the state.

Example 2 : Local Commissions and land disputes in Democratic Republic

of Congo

In the current context in DRC, especially in the absence of functioning rule of

law institutions able to solve land disputes respecting a minimum standard of due
process, ICLA promotes the establishment of local Reintegration Commissions as
mechanisms to address land disputes arising from displacement. NRC interven-
tion aims to incite the communities to provide themselves with a tool to solve land
disputes. At all times, the Commissions are rooted and find their legitimacy in the
community, and are not NRC structures in anyway.

ICLA strengthens the capacity of the members of the Commissions to address

disputes, especially through minimum training on national law and with certain
material support necessary to carry out their tasks. ICLA will also bring cases
to the attention of the Commissions and if necessary will provide legal expertise.
Whenever possible, ICLA will ensure the decision is registered with the land
administration authorities.
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6.3.5 Alternative dispute resolution by ICLA

‘ADR’ refers to any of a number of procedures that people in conflict use
to resolve their disputes outside of the courtroom, including negotiation,
mediation, and arbitration. In most, if not all of the countries where ICLA
operates, ADR is used in one form or another in traditional settings.

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Commonly recognised benefits of using ADR instead of a court system for

resolution of disputes are:
• Speed – cases are usually solved more quickly than in court. This is
particularly relevant in post-conflict countries where the courts may not
be functional or are functioning but have a serious lack of capacity or
massive backlogs
• Costs – cases are less costly than in court and lawyers are often not
required.
• Win-win – ADR, particularly negotiation, mediation and its hybrids,
involves the participants more directly in resolving their disputes. As a
result, the parties are happier with the eventual solution, and the reso-
lution tends to improve relationships rather than increase ill-will. This is
important if parties must continue to interact after the case – such as if
they are part of one family or live in the same small village.
• Cultural appropriateness – ADR models are often in harmony with
traditional methods of dispute resolution.

The disadvantages of ADR should also be recognised:

• “Second class justice” – it has been argued that ADR is the option
for those who cannot afford lawyers and courts, and that those who
cannot afford to go to court are less likely to truly “win” a case and
more likely to end up in some sort of compromise.
• Compromise – critics believe that ADR encourages compromise, and
that in some cases compromise is simply not appropriate.
• Not Public – ADR settlements are generally private and not a part of
the public record. Thus they do not set precedent and are not subject
to a formal review process.

The term “mediation” is most frequently used to describe ‘alternative’ forms

of dispute resolution mechanisms for lack of a better translation. There are,
however, important differences between mediation and arbitration modes of
dispute resolution of which ICLA staff should be aware49:

• Mediation: is when a neutral, third party assists two or more people in

49) ICLA staff should
use the terms as currently resolving their dispute. A mediator’s role is not to find the solution or
defined in academia and to impose it. The mediator does not issue a verdict or reach a decision.
practice. In an environment
where ADR is becoming The mediator’s role is to help the parties hold their conversation in
increasingly mainstreamed, a more effective manner. If the dispute is resolved it is done by the
failure to use the terms cor-
two parties reaching consensus. There are different styles and models
PART 6 – ICLA METHODS

rectly reflects poorly on the

professional competency of mediation (for example, single vs. co-mediator or panel mediation).
of ICLA staff. Secondly,
a number of countries are Depending on the style, the mediator may or may not have technical
moving towards regulating knowledge relevant to the substantive topic at issue.
and licensing mediators
under “codes of conduct” • Arbitration: is when a neutral, third party is given the task of taking a
or even legislation. Under decision in a dispute. That decision is usually final and binding. This
these codes, if NRC staff is
described as mediators but process is the closest of the three to a court room proceeding, although
they are acting as neutral rules of evidence and procedure aren’t usually followed as strictly
facilitators, they will most
likely be in violation of these and the total process is quicker. The arbitrator usually has technical
codes or laws. knowledge relevant to the dispute.
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Other points for ICLA to consider when considering using ADR for the reso-
lution of a particular dispute or as a programme-wide response to problems
faced by beneficiaries are as follows:
• Are the courts functioning?
• Are lawyers available?
• Are the types of cases we are considering appropriate for ADR? (Most
criminal cases are not).
• Is some form of ADR already being practiced traditionally – or has it
been in the past?
• Is it possible to get the courts to recognize ADR decisions if one of the
parties later goes to court?
• If you choose mediation – are your mediators truly neutral?
• Is there a hybrid model that lets you help the parties negotiate but that
does not demand neutrality and that is appropriate for your country
context?
• If mediation is chosen but is not successful in resolving the dispute,
what will the consequences be? What are the next steps?

6.3.6 ADR - practical issues for Project Managers

Some practical issues that Project Managers should consider in relation to
ADR activities are as follows:
• Staff: You will need national staff who speak local languages/dialects
and are educated enough to grasp mediation/negotiation training, as
well as basic legal training regarding the substantive issues covered.
Even if the ICLA programme will be purely ADR-based, access to a
qualified local lawyer will be required – whether as a staff member or as
a regular consultant. Specialised technical staff may also be required.
For example, in Liberia, hiring certified land survey teams is essential to
resolving land disputes.
• Training: You will need culturally adapted ADR training materials. If
these are not already available, Project Managers will need to create
these or retain someone else for this purpose.
• Transport: If the work is mostly land related, your staff will need to have
transport to visit the field on a daily basis – they will need to engage
not only the parties involved but most likely a range of neighbours,
elders, and other community members.
• Field offices/costs: Due to the constant field work, in order to save
transport time you may need field offices or bases in a number of
strategic locations. Cost implications of this need must be considered.
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6.3.7 ADR example: Facilitated negotiation in Liberia

ICLA Liberia commenced in 2006, 3 years after the establishment of NRC

Liberia. An ICLA proposal was prepared based on an ICLA model from another
region. A consultant’s assessment subsequently provided different recommenda-
tions, including a pure mediation program due to the lack of lawyers in Liberia. The
Project Manager, however, was uncomfortable with the notion of a pure ‘mediation’
program as mediation requires neutrality. While NRC is unbiased towards issues
such as gender, ethnicity and sexual orientation, it is not neutral since it advocates
for the rights of refugees, IDPs and returnees. As mediators, NRC would not be
able to compensate for power imbalances or be free to help the refugee/IDP/
returnee pursue other options if the mediation did not end favourably.

One possible solution that ICLA Liberia considered was to train others (elders,
community groups, etc) to be the mediators. This would allow ICLA to attend the
mediation and help represent the returnee’s interest in the mediation as ICLA would
not be the mediators. However, ICLA found that it is not reasonable or practical to
expect people to act as mediators, possibly requiring long and intense negotiations
on a volunteer basis. Ultimately, ICLA Liberia chose an approach it refers to as
‘facilitated negotiation’. This allows ICLA to work with both parties, while specifi-
cally representing the interests of the displaced person/returnee.

The ‘facilitated negotiation’ activity

ICLA Liberia hires national staff who communicate well and will be convincing
within local communities but are not lawyers. Some of the employees have worked
for other NGOs, but some of the best employees come from other backgrounds
such as community radio.

The staff receives a six-day ‘train-the-trainer’ mediation training, using materials

developed specifically for Liberia by the ABA Africa Initiative. Although ICLA staff
members do not act as mediators, their work requires many of the same skills, such
as using multiple communication styles and methods and facilitating improved
communication between the parties. Staff also receives a two-day training on
Liberian laws and procedures on land-related issues such as land ownership
law and procedure and inheritance law. Negotiation training would also be very
relevant.

Cases are usually brought to the office, or to the staff in the field, by one of the
parties involved. ICLA staff takes the case history, then usually conducts a back-
ground investigation and speaks with the other party. If the other party is willing
to work on the case, ICLA facilitates negotiations between the two parties, while
clearly representing the ICLA client. ICLA brings in other parties as relevant –
including neighbours, village elder and local authorities. ICLA also informs both
parties of the status of Liberian land law so that they can more accurately evaluate
their situation.
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If/when an agreement is reached, both parties sign a memorandum. In most cases,

the land in issue has never been surveyed or demarcations no longer exist, so ICLA
hires (and pays for) a survey team to conduct a proper land survey. Corner stones
or ‘demarcation trees’ are placed along the survey line. The completed survey
process also includes the preparation of a deed, which then allows the party to
complete the statutory purchasing procedures through the government.

ICLA also uses the support of a Liberian lawyer, who assists with queries, for
instance on the finer points of inheritance law, negotiation sessions when ICLA staff
feel the lawyer’s opinion will carry more weight or when the other party has a lawyer.
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The lawyer also signs any court related work done by ICLA.

Training on land issues

ICLA Liberia’s case work on land issues is supplemented by significant training
of officials making decisions on land, local leaders and women and youth repre-
sentatives on land laws. In most communities neither the key decision makers nor
the community members understand the basic points of the land law or how to
correctly acquire land. In addition, the (false) perception that women cannot inherit
land continues to prevail in most rural settings. Explaining the proper procedures to
people helps prevent conflict and builds the capacity of leaders involved in making
land related decisions.

6.4. Advocacy

6.4.1 NRC Advocacy Policy and Toolkit

“Advocacy is a key pillar in NRC’s work to improve the protection of displaced

people. It encompasses the strategic use of information to influence stakeholders
that are in a position to ensure the rights of refugees, IDPs and returnees ... In
addition to being a field of specialisation, advocacy is a crosscutting activity. This
makes advocacy everybody’s business.”
Introduction, NRC Advocacy Toolkit

The NRC Advocacy Toolkit, published in June 2008, describes advocacy

as a “process for positive change” for which NRC must “visibly and effec-
tively influence and change public policy and law” at the institutional level and
supporting civil society and excluded groups in their efforts to hold decision-
makers accountable at the community level (page 5).

A more comprehensive definition and a wealth of practical information on

topics including: ‘Do No Harm’ in the context of advocacy activities (Chapter
2), effective communication across cultural borders, advocacy techniques
(including use of the media) and planning and executing an advocacy strategy
can be found in the Advocacy Toolkit (available on the NRC intranet).
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To support NRC’s advocacy efforts, an advocacy advisory structure has been

established (see Advocacy Toolkit for details of Head Office positions), which
includes the position of Protection and Advocacy Advisor (PAA). If no PAA is
allocated to an office, the Country Director or Programme Director will be the
responsible focal point for protection and advocacy related questions.

The role of the PAA is to coordinate in-country advocacy and also contributes
to develop, run, monitor and quality test advocacy strategies. Planning and
decision-making takes place within the hierarchy of the country office.
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The primary roles and responsibilities of the Programme Director, Project

Manager, Programme Coordinator (depending on the country office’s staff
structure) with respect to advocacy are to:
• decide what are the most important advocacy issues arising within
ICLA thematic areas based on evidence gathered through programme
activities;
• develop an ICLA advocacy strategy. (The ICLA PM is responsible, with
the PAA in a supporting role.);
• participate in protection and advocacy planning, strategising, drafting
key messages relevant to their programmes and the country programme
as a whole;
• participate in protection and advocacy planning, strategising, drafting
key messages relevant to their programmes;
• collect, provide and share information with colleagues via NRC’s
information sharing procedures and encourage staff to actively and
regularly use this system;
• facilitate the set up and running of information sharing systems within
their programmes.

6.4.2 Advocacy in ICLA

Within the ICLA context, advocacy is an effective means of instigating changes
which may benefit a large percentage of its target groups, whether directed
towards local or central level authorities, informal or formal institutions. Funda-
mental to ICLA advocacy initiatives is that, through the provision of services,
ICLA has the empirical data to support its advocacy positions. ICLA staff
repeatedly states that it is their hands – on approach that places ICLA in a
unique position to contribute to or undertake informed advocacy initiatives,
also with respect to the creation of new laws and government policy.

ICLA’s regular interaction with the justice system provides added value to
its advocacy activities, since the courts should apply legislation and make
decisions directly affecting the rights of beneficiaries. Whether cases are won
or lost in court, the arguments used by judges in their decisions can be used
by ICLA programmes to influence policy and legislation development to the
benefit of the target groups. This is also valid for religious and customary
systems where the value of precedent (i.e. how has the community solve a
problem over a certain period of time) is sometimes stronger than in formal
contexts.
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To facilitate the identification of cases with an advocacy value, the Afghani-

stan programme developed the concept of ‘principal cases’, which it defined
as set out below.

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Example: identifying ‘principal cases’ for advocacy purposes, Afghanistan

What is a principal case?

A principal case is one that, if raised, will highlight significant issues and obstacles
that prevent refugees, returnees and IDPs from accessing legal remedy towards
long term durable solutions.

Factors considered when identifying principal cases:

1) Have exhaustive legal or administrative procedures been insufficient to obtain
remedy locally?
2) Does the case fit the following NRC definition of a principal case:
• Representing a recurring trend in cases;
• Grave violations of human rights;
• Is it practically possible for NRC to approach obtaining a decision (i.e. is it safe,
is it possible to get support/interest from local authorities such as governor,
MPs or district governors?).
• Is a joint intervention with other agencies/political support more appropriate or
even necessary to provide assistance?
3) Does pressure from extra judicial and unofficial sources make political interven-
tion the only means to achieve remedy?

Further examples of ICLA advocacy activities are set out below.

Advocacy example 1: Forceful eviction of IDPs resolved, Azerbaijan

“In May 2006, 28 IDP families who had been in Agjabedi since 1992 and thought
they had legal residence documents were told they would have to vacate their
land without compensation. ICLA helped the IDPs to lodge a formal complaint
to the Ex-com, and the legal team mobilised the support of other national and
international actors, including the State Committee on Refugees and IDPs and
UNHCR on behalf of the IDPs. As a result, the case was reviewed, and appropri-
ate alternative housing was made available to the families, in line with the Guiding
Principles on Internal Displacement.”

Advocacy example 2: Distribution of identity cards in the field, Pakistan

NADRA, the Pakistani authority for issuing national identity cards, usually depended
on walk-in applicants. NADRA’s rules did, however, provide for mobile trips in
exceptional circumstances. As some NADRA offices were located at a consid-
erable distance from the place of residence of earthquake, IDPs and benefici-
aries needed to make several trips to complete the ID issuing process, through
advocacy efforts, ICLA convinced NADRA to make frequent, joint mobile visits.
PART 6 – ICLA METHODS

As an incentive, ICLA arranged most of the logistics including providing vehicles,

fuel, photocopy machines and a generator. These trips significantly increased the
number of national identity cards distributed to ICLA beneficiaries.

Advocacy example 3: Development of national policy on IDPs, Nepal

At the outset of the ICLA programme, prior to the commencement of service
provision, a 3-day workshop was held for high level Government and NGO repre-
sentatives, with support from IDMC. The primary objectives of the workshop were
to ensure at least a working understanding of IDP issues amongst the individuals
and institutions that would be ICLA’s key counterparts and to discuss issues of
concern in the new, draft IDP policy. Perhaps even more importantly, the workshop

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also served to:

• allow NRC and other NGOs present to develop working relationships with
their government counterparts;
• allow workshop participants to gain an understanding of IDP issues from
each other’s perspectives;
• enable workshop participants to identify each other’s capacity and strat-
egise as to how this might be leveraged (eg. which NGO had expertise in
community reconciliation and could assist the Government revise this section
of the draft policy)

Subsequently, NRC was requested to provide significant technical support for the
revision of the draft policy, which was finalized two months later, substantially in
accordance with the Guiding Principles on IDPs.

A legal directive for the implementation of the policy was then required. To facilitate
its drafting, NRC hosted a further workshop together with the relevant Government
Ministry and UNCHR, and assisted the Ministry request a ProCap secondee for
intensive drafting support.

ICLA Advocacy Example 4: Advocacy in disasters

The scope for successful advocacy in natural disaster contexts may be higher
than in conflict scenarios. Governments may be more receptive to new ideas and
dependence on donor money may pave the way for quick results. In Pakistan, ICLA
prepared a research paper on the Pakistani law of eviction. On the basis of this
paper, which contained the procedures to be followed and the period of notice to
be provided to evict occupants from any property, ICLA was able to persuade the
authorities to refrain from evicting IDPs who occupied government flats, without
following due process requirements.

6.5. Protection and return monitoring

It is important to distinguish between protection monitoring and return moni-

toring. Protection monitoring is beyond ICLA’s realm and is enshrined in the
Protection Policy:
“As an integral part of any core activity project and in close dialogue with
target groups, NRC will gather information regarding the specific protec-
tion objectives of the project, taking into account requirements for confi-
dentiality and referral paths. NRC will gather information about other
protection-related issues that are not directly informed by programme
PART 6 – ICLA METHODS

activities but have direct consequences for the protection of NRC’s target
groups.”

Currently, NRC implements a number of stand-alone and integrated protec-

tion monitoring projects. They do not fall under any of the five core activities
which leads to a certain policy and institutional vacuum. NRC is develop-
ing policy guidelines to establish the minimum criteria for deciding when to
engage in new protection monitoring projects.

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The ICLA policy refers to return monitoring as a mean of gathering information

on return processes. Sometimes return monitoring will provide the basis for
other interventions by NRC Core activities or other actors. The modalities are
very similar to those of protection monitoring and will be further developed
along with the guidelines for those activities.

An example of monitoring activities: Burundi

ICLA in Burundi has developed further the traditional return monitoring activi-
ties. The programme has become an NRC internal monitoring and evaluation hub
providing support to the other core activities. ICLA will apply its data collection
and analysis methodologies, especially quantitative, to provide the other core
activities with recommendations towards improving programme delivery. Its more
“traditional” monitoring activities include observing and assessing the conditions
for return in Burundi, the repatriation process from Tanzania and the attitudes and
information of Congolese refugees in Burundi towards return. Findings are made
available to the humanitarian community, authorities and other stakeholders.

6.6. Capacity Building

6.6.1 What is capacity building?

Capacity building of local stakeholders is an important component in promoting
the impact of NRC’s programmes beyond their immediate programme activi-
ties and term.

“Capacity building refers to activities that improve an organization’s ability

to achieve its mission or a person’s ability to define and realize his/her goals or
to do his/her job more effectively. For organizations, capacity building may relate
to almost any aspect of its work: improved governance, leadership, mission and
strategy, administration … program development and implementation … advocacy
and policy change … etc. For individuals, capacity building may relate to lead-
ership development, advocacy skills, training/speaking abilities, technical skills,
organizing skills, and other areas of personal and professional development.”

The NRC position on capacity building is set out in the Protection Policy as
PART 6 – ICLA METHODS

follows:

“NRC will work to strengthen the coping mechanisms and existing

protective structures of displaced communities. NRC will give trainings
to relevant actors, including displaced communities, government officials,
police, military, UN and NGOs, on IDP Guiding Principles and protec-
tion, in particular through IDMC ... such trainings will include a strategy
and plan of action to follow up identified protection concerns.”

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6.6.2 Capacity building in ICLA

For ICLA, capacity building is an opportunity to:
• enhance the sustainability of its activities, its methodologies (particu-
larly an outreach-based approach to service provision) and an
increased understanding of the issues it addresses
• to contribute to longer-term peace building and rule of law initiatives
• to facilitate relevant State institutions to fulfil their obligations to
ICLA’s primary beneficiaries
• to engage in dialogue with decision makers which otherwise would
be impossible.

The capacity building of local stakeholders is a complex activity. In order to

be successful, capacity building activities need to be thoroughly planned and
monitored. A few tips to follow are:
• Precisely define the activity, ie. what or whose capacity will be built
and for what purpose;
• Be extremely realistic, in terms of the scope of the planned capacity
activity, the objectives of this activity and the time required to fulfil
those objectives;
• Whenever possible, ensure that the capacity building activity is
part of a broader capacity building initiative (perhaps a wider donor
programme or an inter-agency effort), in recognition of the fact that
most short-term and piecemeal projects are generally low in impact50;
• In the case of local NGOs, differentiate carefully between the imple-
mentation of ICLA activities on behalf of NRC and the capacity
building of that organisation;
• look carefully at the real needs of the organisation ICLA is seeking
to assist: Does it need skills and/or knowledge transfer or are its real
needs political support, ongoing financial support and/or political will
within that organisation?;
• When selecting targets for capacity building, note that the main
actors such as mayors, chiefs and other established local leaders
will often be male. The gender consequences of capacity building
activities need to be considered. Alternatives, such as building
50) See, for example,
Ian Smillie, Patronage or the capacity of female leaders by partnering with a local women’s
Partnership: Local Capacity programme, may be more appropriate.
Building in Humanitarian
Crises

This book, supported by

PART 6 – ICLA METHODS

the International Develop-

ment Research Center, can
be read in its entirety from
this website.

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Building the capacity of customary authorities: Codifying principles of

customary tenure in Acholliland, Uganda

To help address the problems in Northern Uganda, NRC formed a partnership

with the Ker Kwaro Acholi (KKA), the traditional cultural institution for the people
of Acholiland.

The customary system in Uganda faces particular challenges due to miscon-

ceptions both locally and nationally regarding how it works. Twenty years of
conflict, subsequent displacement and breakdown of traditional social struc-
tures has also meant that the elders have not had the opportunity to have the
regular Wang-oo (fireside teachings, sharing and discussions with the community
and youth on societal rules and traditions) that they would have had when
people lived in villages. As a result many younger people nowadays do not fully
understand what the traditional rules are. This is made worse because many
land grabbers that do know the rules manipulate them to their own benefit.

Further, changes in context have lead to many situations that were simply not
present in the past. Due to the conflict and social breakdown, there are now far
more separations, divorces and children born out of marriage. Women living in
camps are particularly vulnerable as they are often forced to enter relationships to
gain access to resources and security. The conflict and the presence of AIDS have
also lead to a greater number of deaths resulting in more widows and orphans.

NRC worked with the chiefs to codify and disseminate the principles of
customary tenure to the population. It was hoped that this would enable
the vulnerable to know their rights and hold land grabbers to account,
but also to reaffirm the role and status of the chiefs and further provide
an opportunity to review and discuss the rules given the changing times.

To support the understanding of the rules, the council of chiefs also

considered approximately 25 real life case studies recorded by NRC legal
staff. For each problem the chiefs commented on how they would resolve
the case, then further comment was made on how this related to the docu-
mented principles. These case studies were then provided along with the rules
to aid interpretation. This second process of discussing case studies was in
fact so popular that the chiefs expressed the desire to have regular meetings
to discuss cases recorded by the chiefs with a view to creating precedents
to that could be used in the future to guide chiefs in resolving land disputes.

NRC has printed 30,000 copies of the Principles and supports the KKA to
disseminate them among the population. Dissemination does not only include
distributing the Principles but also training key institution and actors in their content
and use.
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Other examples of capacity building activities:

• Training sessions for civil servants, civil society and legal profession repre-
sentatives on the methods of protection and enforcement of legal rights of the
earthquake affectees (Pakistan earthquake)

• Training of paralegals working with an established community­-based network

of paralegals in order to increase the knowledge of ICLA’s legal services
amongst the target group, to enhance communication (including transla-
tions) with beneficiaries and, in the longer-term, facilitate both individual and
community self-reliance on the relevant legal topics (Uganda West Nile)

• Secondment of junior legal aid lawyers from the Nepal Bar Association, ICLA’s
official partner in Nepal, for a 3-month period to ICLA field offices. This activity
was designed to transfer knowledge of issues affecting IDPs and how to
address those issues to the Bar Association, while circumventing a declining
interest in ICLA at the Association’s executive level

Further resources:
While a comprehensive analysis of capacity building is beyond the scope of
this handbook, there is a large volume of material available on this topic in the
context of the development sector (and, to a lesser degree, in the humanitar-
ian sector). Useful examples include the following:

The FAO Capacity Building Portal, with a searchable documents database

[Link]

UNDP Capacity Development website

[Link]
_development

This website contains links to a large number of useful documents, including

tools for capacity assessments, tools for measuring capacity development and
lessons learned, for example, the document ‘Institutional Reform and Change
Management: Managing Change in Public Sector Organisations’, 2006, at:

This report highlights the development/humanitarian sectors’ failure to

acknowledge the element of change in attempts to build the capacity of public
sector organisations. The report sets out important lessons learned, including
the time required to achieve genuine change and the long-term planning
PART 6 – ICLA METHODS

necessary for this purpose.

Patronage or partnership: Local Capacity Building in Humanitarian Crises

[Link]

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PART 7 – ICLA IMPLEMENTATION

This chapter reviews practical issues related to the provision of information,

counselling and legal assistance services that are essential for successfully
implementing ICLA programmes. The chapter covers many grounds, from
the need to establish beneficiary selection criteria to ethical and professional
standards applicable to the legal profession. It also reviews the specificities
of ICLA implementation in natural disasters and in cross-border operations.
Monitoring, reporting and evaluation, which are integral parts of the project
management cycle, are also addressed, as adapted to the needs of legal
programming.

7.1 Beneficiary selection criteria

According to the ICLA policy:

“ A specific objective of ICLA is to contribute to the improved protection of

particularly vulnerable individuals, such as sex and gender-based violence victims
and female heads of households.” “Primary target groups are refugees, IDPs and
returnees. Particular attention will be given to vulnerable individuals and groups”.

The ICLA policy is in line with the humanitarian principle of providing assist-
ance to those that need it most. ICLA programmes should ensure that assist-
ance is not delivered to individuals or groups that have the ability to access
durable solutions by their own means, with the exceptions that are specified
below. Besides, in many ICLA programmes the size of the target group is very
large and it will be materially impossible to deliver assistance to all potential
beneficiaries. Hence, it is important that ICLA programmes establish benefici-
ary selection criteria that is in line with humanitarian imperatives and ensures
efficient allocation of resources.

In the Uganda (West Nile) programme, ICLA provides assistance to the

Sudanese refugee population estimated at 165,000. Although ICLA is able
PART 7 – ICLA IMPLEMENTATION

to utilize radio programming to provide information to a significant percentage

of this population, ICLA is clearly unable to provide counselling (individual
assistance) to everyone in this group. Accordingly, ICLA needs to determine
the categories of individuals with specific needs who require more intensive
forms of ICLA assistance. Accordingly, women at risk, single parents, children,
elderly and handicapped persons were selected for counselling and legal
assistance. (For information on secondary target groups, see also Section
5.1.5.)

On the other hand, not everyone in the primary target group may require
assistance. In Nepal, for example, approximately 10 – 20% of IDPs were
high caste, wealthy and politically connected. ICLA responded to this demo-
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graphic group in two ways. Firstly, ICLA provides services to IDPs on the basis
of their current vulnerability status rather than their pre-displacement status.
Accordingly, if a former landlord has been reduced to a position of poverty
or homelessness as a result of his displacement, he would receive the same
services as any other vulnerable person within ICLA’s target group. Secondly,
for IDPs who are not vulnerable, information services will be provided but, as
a general rule, no counselling or legal assistance.51 Vulnerability indicators
were included in the Nepal client registration form (see Appendix 5) to guide
staff in making a fair assessment as to beneficiaries’ vulnerability status.

In the Pakistan earthquake programme, although no ‘means test’ was used

to differentiate between rich and poor clients, ICLA generally discouraged
displaced persons from using its services if they had sufficient resources to
hire private lawyer.

Example of the criteria applied by ICLA in Afghanistan

Generally, to be defined as ‘vulnerable’, a person or group must not have available

assets (money or material goods) that can afford them a private lawyer, and it
should not be more than 3 years since their return, if a returnee. Even if a person
meets this definition, our caseload may limit our ability to take on new cases. If so,
additional selection criteria can be used, including:
• Does the person or group face some eminent risk or ongoing hostility?
• Are they members of a highly vulnerable segment of the population or one that
has been traditionally discriminated against (eg. women in conflict areas)?
• Do they have any visible assets of significant value, or have they mentioned
assets of significant value? (Each client should sign a vulnerability form stating
whether such assets exist.)
• Are any livelihood activities available to them or can they otherwise access
resources?
• Were they displaced within the last 3 years and does this still clearly affect
their lives (eg. ability to find food and water, access shelter)?
• Did the events giving rise to their claim occur as a lead up to, during, or in
the aftermath of their displacement? Did their displacement stop them from
pursuing the claim at a previous time?

51) Some NRC Nepal na-

tional staff argued strongly
for the provision of land
Besides socio-economic status, another important selection criterion particu-
and property-based legal larly relevant to legal assistance is the chances of success of a particular case.
PART 7 – ICLA IMPLEMENTATION

assistance to politically-
connected IDPs, even if
In certain contexts, it is preferable to run a case through the court system
they were not vulnerable. because the chances of success are high and the precedence may bring
They argued that ICLA
assistance was justified on
positive change to a larger population, even if the beneficiary of the assist-
the basis that these IDPs ance is not meeting the usual beneficiary criteria. This does not preclude an
would not be able to re-
claim or access their prop-
ICLA programme from choosing to litigate cases where it is known before-
erty without the intervention hand that the cases will be lost. The objective here could be to force the
of an impartial, third party
(ie. NRC). However, legal
judicial machinery to provide reasons for rejecting the claim and this could be
assistance for the return of use as advocacy material later.
large tracts of agricultural
and extra houses to non-
vulnerable persons was not All policy decisions on cases and beneficiary selection should be clearly
considered to be meet-
ing a humanitarian need
set out in a legal assistance manual, programme guidelines or other policy
and therefore, outside the document available to all staff to ensure clarity within the programme.
scope of NRC’s mandate.
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7.2 Laws & standards applicable to legal practice

There is number of standards applicable to the provision of legal assistance.

These vary depending on the jurisdiction. In countries where a functioning Bar
Association or Law Society is present, there may be country-specific ethical
standards legally binding on all lawyers. NRC must ensure that all lawyers
comply with such standards and any other laws regulating the legal profes-
sion. Particularly, project managers should apprise themselves of any local
laws regarding the potential legal liability of lawyers (such as for the negligent
provision of legal advice) and take appropriate precautionary measures.

Where there are no country-specific standards, project managers may wish

to refer to the codes and standards listed below. Where feasible, project
managers may also wish to consider supporting the development of a national
bar association or legal aid code of ethics as a capacity building activity.52

---
International Bar Association, ‘International Code of Ethics’ (1988)
52) In Nepal, partly in This is a clear and concise, 3-page document listing the most important rules
advance preparation of
ICLA’s closure, ICLA is pro- of professional, legal ethics, derived from western-based systems.
viding input to a European
Commission/Nepal Bar
Association project for a Council of Bar and Law Societies of Europe53, Code of Conduct for European
manual on the provision of Lawyers, (1988)
legal aid, targeted at young
lawyers. The manual will This Code (9 pages) contains similar principles as the International Bar Asso-
provide guidance on how ciation document, such as on confidentiality, professional integrity and conflict
to deal with frequently
arising legal issues in a of interest.
legal aid context. NRC is
contributing the content on
civil documentation for this
The Southern Refugee Legal Aid Network54, ‘The Nairobi Code: Model Rules
manual. of Ethics for Legal Advisors in Refugee Cases’ (2007).
This 9-page document is focused towards the provision of assistance by
53) The Council of Bars legal advisors to refugees, including refugee status determination proce-
and Law Societies of
Europe is a representative
dures. However, it also contains a very clear and simple statement of the
organisation of lawyers fundamental standards of legal practice, including the provision of service in
before the European Union.
Its members include the
a non-discriminatory manner, with the voluntary, informed consent of clients,
31 states of the EU and ensuring that clients remain in control of the representation.
10 observers. The Code
of Conduct has been ac-
PART 7 – ICLA IMPLEMENTATION

cepted as binding by all The United Nations document ‘Basic Principles on the Role of Lawyers’
members and observers, (1990) [Link]
hence it is the applicable
code for EU cross-border Articles 12 to 15 of this document contain a brief statement of the responsi-
legal activities. bilities of lawyers.

The American Bar Association, ‘Standards for the Provision of Civil Legal
54) The Southern Refugee
Legal Aid Network is a Aid’ (2006)
coalition of primarily south- This extremely comprehensive document (290 pages) covers everything from
based refugee legal aid
providers, including Amera standards in the identification of legal needs, cultural competence and staff
and Asylum Access. diversity to confidentiality, legal research, analysis and case planning.

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While the above standards apply to the provision of legal services by lawyers,
they also serve as an extremely useful guide for all staff engaged in ICLA
information, counselling or paralegal activities (including advising on civil
documents).

The NRC Code of Conduct is also a highly relevant document to the standard
of ICLA services, including standards of professionalism, conflict of interest,
confidentiality and ethical conduct.

An additional standard which is not contained in the above documents, as

they mostly relate to for-profit legal practice but is reflected in the Code of
Conduct, is that ICLA will never accept payment of any kind for services
provided (see Section 6.3. below).

7.3 Free service provision

As a general rule, ICLA’s services are provided free of charge. In this case,
as some ICLA services, especially legal advice, may also be procured from
private service providers, it is important to ensure that beneficiaries know
ICLA’s services are free. It is recommended to post a sign to this effect (in the
relevant languages) in all legal aid/information centres to minimise the risk of
charging by ICLA staff. In the Pakistan earthquake programme, a file receipt
provided to clients also contained a statement regarding the free provision
of services. ICLA staff members are also not permitted to provide any legal/
information services for a fee, whether within or outside of working hours.
Staff should be specifically informed that this constitutes a violation of NRC’s
Code of Conduct.

In some programmes, ICLA has elected to for beneficiaries to pay or share

the costs of documentation and other services.

Further issues to consider:

• ICLA programmes may elect for beneficiaries to pay for their own docu-
mentation costs. If so, please consider the practical issues raised on
this point in Sections 4.1.3 and 8.4.
PART 7 – ICLA IMPLEMENTATION

Example of cost sharing with beneficiaries in Liberia

The Liberia program found that a culture of dependency had already developed,
with beneficiaries expecting very high levels of service and results, without their
participation. Accordingly, ICLA intentionally decided not to cover all costs. For
instance, in court cases, ICLA pays the lawyer, but some basic court fees are left to
the client. For land surveys, ICLA pays the survey team, but expects the client to
supply labour (usually family members) to help cut through the jungle to demarcate
the boundaries and to feed and, sometimes, house the survey teams in their own
homes.

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• In civil cases, the losing party may be required to pay court costs and
the other party’s expenses. If civil claims are to be pursued (or any other
claims with costs implications), payment of these costs will need to be
considered. In other words, will ICLA pay? If that is the case, these
costs need to be budgeted (donors may not approve these costs).
If not, can the client afford to pay?

7.4 Legal aid procedures

As frequently noted in this Handbook, each programme (and therefore,

each legal aid/information service) must be adapted to the country context.
However, Appendix 5 refers to a number of documents which may assist
ICLA managers. These documents have not been vetted by the drafters of
this Handbook or approved for programme-wide use. Rather, they are simply
examples of documents produced by other programmes which may be a
useful source of ideas for project managers and project coordinators.

These documents include forms for incoming cases, flow charts for case
processing, standard case closure and case rating procedures, etc.

Further resources:
Guidelines for Handling Legal Aid Cases, produced by a European Commis-
sion legal aid project in Nepal (see Appendix 5).

Although these guidelines, read in full, may be too sophisticated for most NRC
contexts, they contain useful information on topics such as: an elaboration of
what it means to “zealously” represent a client; ensuring that representation of
a client is controlled by the client (not the lawyer); and record keeping.

7.5 Information management

7.5.1. Databases and case management systems

NRC is aware of the need to create a standard case management system ready
PART 7 – ICLA IMPLEMENTATION

and available for new programmes and adapted easily to existing programmes
as required.55 However, this tool is not yet available and programmes are
developing their own systems to handle voluminous and complex information
about beneficiaries and service provision.

55) This was first high- ICLA databases perform several important functions:
lighted by the evaluation • To maintain up-to-date and easily accessible client information;
of the Civil Rights Project
in the Balkans: Legal Aid • To collect and produce reports on the demographics of ICLA’s benefi-
Against the Odds. ciaries (e.g. age, gender, ethnic group, and indicators of vulnerability),

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services provided and protection issues - this information will form the
basis of a wide range of activities, particularly advocacy initiatives;
• Ongoing monitoring of the project at the field and country office level
from an analytical/outcome-focused perspective; and
• Management of the project resources at the field and country office
level, for example: monitoring the caseload of various staff members
or field offices; providing comparative information on the issues being
dealt with by field offices and the services being provided in response;
the comparative gender balance of clients across field offices, etc.
• To analyse the functioning of the justice systems. For example, a
database could deliver information on the average time it takes to
process a case through the system.

Two styles of database have been in used in the ICLA project to date: a
comprehensive system which contains a case management function, and a
simpler version which can be used for data collection and analysis only. In
some projects, no database has been used and information has been collected
in spreadsheet form only (e.g. Liberia).

A comprehensive database was initially developed for the projects in the former
Yugoslavia. The case management function in this database allows lawyers to
track the services provided to clients and contains reminders and deadlines
for filing documents, court appearance dates, etc. In several countries where
this type of database is in use staff has reported that the case management
function is not extensively used and many field staff resorted to the use of
spreadsheets or other more accessible tools. However, depending on the
case load of an office, the manner in which its work is organised, a case
management tool may still be useful.

The advantages of a simple system include: less time and resources required
for database development (or adaptation of an existing database); less time
and resources expended on data entry; the system is less complicated to
operate (fewer specialised staff required); and the system will be more stable
(less prone to bugs and crashing). The disadvantage of a simpler system is
obviously a lower level of information recorded and corresponding reporting
ability.
PART 7 – ICLA IMPLEMENTATION

Additional considerations for Project Managers in selecting an option are:

• How flexible is the system? Can it be changed according to the
needs of a developing project?
• Which software will be used? What are the pros and cons of that
choice? (For example, Microsoft Access is readily available and easy
to use but cannot handle large text entries well.)
• Who will design and set up the system? A staff member or local
supplier? What happens if that staff member leaves? Will someone
else know the system?
• Is local expertise available to operate, repair or modify the system
when problems arise?
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• Is it possible to hire a staff member dedicated to the management of

the selected system?
• Who will be responsible for data entry at the field level?
• Can information be entered at the field level sent to the Country
Office and merged into a single database? If so, what transport
options or internet connections are available to do this?
• How will the data be backed up and updated?
• What reports do field staff and the PM need to manage their work?
Can these be easily produced? (At least one report needs to be
produced from the database which is consistent with Core Activity
Database requirements).
• How will the data be secured from manipulation or disclosure? Will
passwords be assigned only to certain persons, etc?

Whichever tool is selected by a Project Manager, ICLA staff has repeatedly

emphasised the importance of establishing this as soon as possible in the
project and preferably before project activities commence. This prevents
a backlog of cases, which are sometimes never entered and therefore, not
reflected in project statistics.

“To create and maintain well adapted systems for tracking and document-
ing all activities, beneficiaries and cases is equally essential to corresponding
budgeting and financial systems. These should be implemented at time of opera-
tional start-up to allow for practical, necessary analyses and case handling ...
this tracking/handling system should include capacity to undertake comparative
assessment of legal strategies related to particular sites, groups, ages, etc ... Much
time would have been saved and various analyses more accurate if the system
had been implemented at operation start-up.”

West Nile, Uganda, donor report, 2008

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Below is a sample of the different types of databases in use across the

programme and therefore available for review or use in other ICLA projects.

ICLA Project Database Utilised

Afghanistan Established at the start of the project in 2003. Based on the

earlier former-Yugoslav version. System improvements are being
made in mid-2008 to facilitate easier transfer of files between field
offices and appropriate cross-referencing in the database (this
problem was also reported in Nepal and Uganda). Improvements
in the way the database is being used by ICLA staff are also being
made, including enhancing the quality of information entered into
the database by data assistants and ensuring that the information
required for the PM’s reporting purposes is being entered.
Pakistan Developed a new database through a local IT service provider,
based on the Afghanistan version but removed the bugs and added
new features, including significantly expanded reporting function
(30 – 40 reports are possible). Spent approximately 3 – 4 months
developing the database, including testing.
Nepal Developed a new database through a local IT service provider. The
Afghanistan in-take form (with necessary modifications) was used
as the base. Does not contain a case management function. Spent
approximately 2 – 3 months developing the database, including
testing of corresponding in-take form and service provision forms.
Uganda (West Influenced by the Pakistan/Afghanistan versions. However, due
Nile) to low levels of legal assistance provision, a new version was
developed which has a user-friendly interface but lacks some
tracking tools (e.g. when a client has more than one case) of the
Pakistan/Afghanistan versions.

7.5.2 Collecting data: consent & confidentiality

Even before developing a database, project managers need to carefully
consider the types of information that needs to be collected, as well as how
it will be used and stored.

In particular, ICLA staff should obtain the expressed consent from those
providing data (including photos) – whether the data will be used for the
provision of services or, for example, in ICLA advocacy materials. Obtaining
appropriate consents and maintaining data confidentiality are key components
of ethical service provision. Sometimes written consent can be misinterpreted
PART 7 – ICLA IMPLEMENTATION

due to cultural reasons or simple ignorance due to illiteracy and social condi-
tions. NRC programmes shall in all cases do their utmost to inform individuals
of the meaning of providing consent and emphasise that future assistance will
not be hindered if consent is not provided. Once collected, ICLA should not
provide personal information from its database to any third parties, including
governments, related authorities, NGOs or the UN unless NRC has the
specific, voluntary and informed consent of each individual.

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See, for example, the following rules from the Council of Bars and Law
Societies of Europe’s Code of Conduct for European Lawyers:

“2.3.1. It is of the essence of a lawyer’s function that the lawyer should

be told by his or her client things which the client would not tell to others,
and that the lawyer should be the recipient of other information on a
basis of confidence. Without the certainty of confidentiality there cannot
be trust. Confidentiality is therefore a primary and fundamental right and
duty of the lawyer.

The lawyer’s obligation of confidentiality serves the interest of the admin-

istration of justice as well as the interest of the client. It is therefore entitled
to special protection by the State.

2.3.2. A lawyer shall respect the confidentiality of all information that

becomes known to the lawyer in the course of his or her professional
activity.

2.3.3. The obligation of confidentiality is not limited in time.

2.3.4. A lawyer shall require his or her associates and staff and anyone
engaged by him or her in the course of providing professional services to
observe the same obligation of confidentiality.”56

However, ICLA should be able to generate a wide range of reports and statis-
tics from its database which do not contain personal details. Depending
on the context, this may be shared. (See also Section 8.7 on Information
Security).

Further resources:
Sample Nepal consent forms and the Uganda programme’s draft client
registration form which contains a consent statement (see Appendix 5).

IDMC/OCHA ‘Guidance on Profiling Internally Displaced Persons’

InterAction’s57 Working Group on Protection, ‘Data Collection in Humani-

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tarian Response: A Guide for Incorporating Protection’, 2005.

This simple 15 page document contains statements on ethical principles
in data collection (which could also be used by applied to the collection of
material for news stories). It contains several, helpful checklists including on
56) Council of Bars and
Law Societies of Europe,
the topics of ‘Do No Harm’ and ‘informed consent’.
Code of Conduct for Euro-
pean Lawyers’.
WHO consent form
This form relates specifically to consent from parents on behalf of their
57) InterAction is a coali-
tion of over 160 U.S.-based
children but this form, together with included notes, could apply to children
INGOs as well.

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7.6 Outreach activities

“Traditional legal aid services continue to operate on an appointment basis

and with the expectation that the clients have sufficient wherewithal to be able
to identify that they have a legal problem. Traditional models of delivering legal
services presume that people can overcome their fear and that even if they have
no money or power that they can still seek advice and that they will in fact walk
into a legal office. The research reveals that such a traditional model continues to
miss a section of the community who may be in desperate need of legal assist-
ance. One way of reaching them is to bring the legal service to places where they
are most likely to find the people who need it, rather than always expecting people
to come to the legal aid services.” 58

The above quotation is based on a study conducted primarily in the UK but is

equally applicable to all of NRC’s programme contexts. In conflict/post-situ-
ations, the fear of formal bodies or organisations is prevalent. Other factors
which frequently prevent ICLA beneficiaries from seeking legal aid services
is their lack of mobility (such as in the case of mothers with small children), a
lack of transport and restrictions on the freedom of movement due to security
threats (the enclaves in the Balkans) or Governmental restrictions (certain
IDP camps in Sri Lanka). Additionally, if beneficiaries do not appreciate the
importance of information and legal assistance, they also will not make the
effort to visit an ICLA office. Accordingly, outreach services form a key feature
of ICLA’s activities and serve as a point of differentiation between ICLA and
many other legal aid or rights-based programmes.

Providing services in the field, however, can be more time consuming and
resource intensive, particularly where vehicles are required to reach bene-
ficiaries. These factors should be reflected both in a project’s budget and
in the target number of beneficiaries. Logistics (e.g. mobility during wet or
snowy seasons), communications and security considerations also require
greater attention. Again, consider the impact these considerations will have
on numbers of target beneficiaries reached and ensure that project goals are
realistic.
58) L. Curran, ‘Ensuring
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Justice and Enhancing

Human Rights: A Report
In order to improve the efficiency of field visits, a few basic tips should be
on Improving Legal Aid followed:
Service Delivery to Reach
Vulnerable and Disadvan-
• Use mobile ‘clinics’ where possible to ensure that services can be
taged People’, La Trobe provided to a larger number of beneficiaries per day;
University, Australia, 2007.
• Advertise planned field visits/mobile clinics well, including through
communication channels that will reach women and other highly vulner-
able persons;
• Where mobile clinics will need to be conducted over several days,
ensure field teams are prepared to stay overnight (where security
permits) at field locations instead of returning back to the office each
day;
• Follow up community meetings with a mobile clinic on the same or
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next day to maintain beneficiary interest and to minimise the travel of

beneficiaries to the meeting point; and
• Consider establishing lightly equipped, temporary satellite offices (in
addition to any ICLA regional offices) that can make use of another
organisation’s infrastructure. In West Nile, for example, satellite offices
are located within UNHCR compounds under a right-of-use agreement.
These satellite offices serve as hubs for field teams, for storage and
various ad hoc office work.

7.6.1 Reaching female beneficiaries

Most ICLA projects specify female beneficiaries as one of their primary target
groups. Through gender disaggregated data in an ICLA database, determin-
ing the numbers of female beneficiaries reached and counting the services
provided to them is simple. The challenge is reaching an increased number
of female beneficiaries such that they are a primary recipient of quality ICLA
services in contexts where, for example, women may be discouraged from
leaving the home or village or from engaging in organised community activities
or any kind of informational activities. Women may also be reluctant to speak
out on their needs due to cultural taboos or out of fear.

Strategies which have been successfully employed by ICLA projects to date

to reach women include:
• Visit camps, communities or villages, rather than expecting beneficiar-
ies to come to an ICLA office;
• Train ICLA staff in strategies to prevent men dominating community
meetings;
• Consider that women may be prevented from taking part in activities
outside their homes and design activities accordingly;
• Retain of a high number of qualified female staff and at the very least,
1 female member in each field team;
• Ask them!!– The women of a community will have the best are going to
have the best information on how to reach women;59
• Allow more time in communities for relationship and trust building;
• Work through established women’s networks;
• Conduct activities in locations and times that best suit women.
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Example: Kathmandu is a very dense city. Most female IDPs living in

Kathmandu originate from villages far from the city and do not know it well.
One community meeting was held in a location known to Kathmandu locals
but otherwise difficult to find. Several IDP women tried to attend this meeting
but went home after failing to find the building.

59) Although not gender-

specific, the evaluation of
the Burundi report also
noted low rates of walk-in
clients., partly due to open-
ing times that were not
convenient to beneficiaries.

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7.7 Communications Tools

Below is a non-exhaustive list of internal and external communications tools

that should be utilised, as appropriate, by ICLA programmes.

Communication
Audience Comments, Tips, Examples
item

File notes Internal Notes must be taken in all meetings

(particularly client meetings) and systematically
filed. File notes should include the date and
time of the meeting, the persons present, all
topics discussed, any advice provided and any
instructions given by the client to the ICLA staff
member.
Meeting Minutes Internal Notes should be taken in all meetings, but must
be taken in meetings with clients (see above)
and with civil and military authorities.

When issues are raised, agreements reached,

etc., ICLA staff should offer to take minutes
(or to make a “summary” if official minutes are
unwelcome or will hamper frank discussion).

The establishment of an accurate and complete

paper trail is essential for holding authorities
accountable to commitments made and to
ensure consistency in the programme despite
inevitable changes in ICLA staff.
Communication Internal To enhance service provision, ICLA
tools for ICLA programmes have developed a number of
staff communication tools to assist national staff,
including:

Scripted opening statements by ICLA staff

during client interviews to ensure that staff
accurately explain the objective of the project,
the relationship of the project to any key
partners, the role of ICLA in case follow up and
the services to be expected from ICLA;

Client interview check lists to ensure that staff

PART 7 – ICLA IMPLEMENTATION

cover all relevant issues during interviews for

certain categories of cases ;

Summary sheets which have been developed

for complex topics, such as a new IDP law or
policy. These have been provided to field staff
to improve the accuracy and consistency of
the messages provided to beneficiaries on the
relevant topics; and

Posters to ensure more effective and

standardised communication at community
meetings.

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Pamphlets External: Pamphlets are especially useful for setting

beneficiaries, out details of processes and procedures
local NGOs, (such as information needed to register a
NRC contacts, land transaction) which cannot easily be
Government communicated through radio messages, drama
representatives, etc.
etc
The level of the language in pamphlets will
depend on the audience but, generally, it
should be simple and concise. Do not include
jargon, abbreviations, etc.
Posters/written External: target Posters and public announcements can be
announcements beneficiaries, effective in persuading people to demand their
to be posted in rights, press for assistance and information
public places. from official offices.

In conflict/post-conflict settings, persons

in power may profit from chaos and not be
interested in making procedures transparent
and will not favour steps that make their official
responsibilities known, lest they be held
accountable.

Posters (and radio announcements) also ensure

that information is provided directly to target
beneficiaries, rather than relying on community
leaders or other intermediaries to relay this
information.

Example: The Azerbaijan evaluation report,

while supporting – in theory - the project’s
strategy of utilizing teachers and municipal
representatives to spread IDP information,
noted the low impact of this approach in
practice due to the lack of free time available to
these persons to perform this role.

Public communications can also help alert

target groups to ICLA’s existence in new
project areas.

Posters should use language (or pictures and

diagrams) appropriate to the education level
of the target audience. If information is not
‘packaged’ or communicated in an accessible
manner, the message will not be received and
understood!
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Handbooks, External and To provide more comprehensive information

internal: local on ICLA issues, including with a view to
Guides, NGOs, local passing on the benefit of ICLA’s accumulated
to central level knowledge to other relevant actors for capacity
Research Government building and/or sustainability purposes.
papers authorities;
ICLA teams Example 1: information acquired by ICLA
for advocacy, Nepal on obtaining civil documents through
training and research and practice was useful for a whole
further research range of local NGOs to assist their own
purposes; staff of beneficiaries (such as abandoned children). As
other NRC core a sustainability strategy, ICLA produced a short
activities handbook of lessons learned for other service
providers.

Example 2: The Pakistan project conducted

research on key issues regarding the rights
of earthquake affectees. This research was
used as a basis for proposals for amendments
in applicable laws and Government policies.
The research was also used as the basis
of Articles for sharing knowledge acquired
through the implementation of the project with
NGOs, international organisations and other
stakeholders, thus creating an impact in the
project area beyond NRC’s immediate target
group.

The research work was also used as a basis for

information materials, trainings and subsequent
ICLA proposals.
Newsletters External: Many local, civil society organisations produce
beneficiaries, newsletters. These may be an effective
Government communication tool in some contexts, such
authorities as to provide more detailed information
on services provided or an organisation’s
achievements.

However, depending on their complexity,

newsletters can be very time consuming to
produce. Prior to doing so, assess carefully
who will read this document (will it simply
gather dust on the shelves of local NGOs?)
and its likely impact.
Radio External: useful for Potentially very effective in spreading
announcing key information rapidly and to a wide audience, but
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messages, events impact can be difficult to monitor.

organised by
ICLA, etc. Keep wording simple and slogan-like. Ensure
you broadcast over stations which can be
accessed in target areas.

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Film Potentially all ICLA has some experience from Sudan in

stakeholders using film to inform refugees and IDPs as to
conditions in areas of return.

Prior to developing a film, consider

whether it will be an appropriate method of
communication: are beneficiaries accustomed
to receiving information through TV/film? How
long and costly will it be to produce the film?
Will the information contained in the film still
be relevant by the time it is complete? What
facilities are required to make the film and how/
where will it be displayed?

Film was widely used in lieu of ‘go and

see’ visits and for community reconciliation
purposes in the Balkans but may not be
suitable in other contexts.
Drama External: Drama can be an excellent way of
beneficiaries, local communicating a message in a very public,
authorities transparent and entertaining way. But, you
need to carefully consider what the activity is
intended to achieve and how impact may be
assessed.

If local drama groups can be used, the

perception that ‘outsiders’ are delivering a
message is also avoided. Ensure that scripts
are carefully reviewed prior to presentation so
that ICLA’s messages are accurately conveyed.
Ensure that publicly accessible sites are
chosen.
Photographs Internal and ICLA project staff should have digital cameras
external: use and staff should be trained to use them (and
pictures to some basics about composition, and what
provide more makes a good photo).
accurate
information in Where camera permits are required they must
presentations, be acquired.
pamphlets, donor
reports, internet When taking photos, pay attention to the data
stories, internal collection and use rules set out in Section
reports, etc. 7.5.2. See also UNICEF’s, ‘Ethical Guidelines:
Principles for Ethical Reporting on Children’.
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7.8 ICLA in natural disasters

“… natural hazards by themselves do not cause disasters; it is the combi-

nation of an exposed, vulnerable and ill-prepared population or community
with a hazard event that results in a disaster”.60

Natural disasters, particularly sudden, high impact disasters, such as

tsunamis and major earthquakes, have the potential to exacerbate existing
conflicts. Disasters also may include those caused by environmental degra-
dation, climate change and slow-onset disasters, such as desertification.
Whilst some commentators describe disaster situations as providing positive
opportunities for bringing people together across divisions, others highlight
the capacity of such disasters to enhance existing conflict. The latter view
emphasises the increased scarcity of resources after disasters, the simultane-
ous, increased need and the inevitable tensions this creates.61 Conflict may
also be exacerbated by one party to the conflict taking advantage of chaotic
60) Internal Displacement circumstances for its own ends, for example, increased attacks by the LTTE in
Monitoring Centre (Vikram
Kolmannskog), ‘Displaced
the post-tsunami period while Government attention was focussed on recon-
by disaster – a protection struction. Mass reconstruction efforts by governments, military and the inter-
study’, draft, p 8
(see Appendix 3)
national humanitarian actors also have the potential to weaken community
participation during the recovery phase.62
61) Brancati, D., ‘Political
Aftershocks: the impact of
earthquakes on intrastate The most pressing protection needs in disaster situations generally relate to
conflict’, Journal of Conflict
Relations, vol 51(5), 2007,
food, shelter, health care and livelihoods. These are economic, social and
pp 715-743 cultural rights and sometimes not enforceable under national laws.63 Irrespec-
tive of this, in the case of Sri Lanka and Pakistan, governments implemented a
62) Brancati, D., ‘Political host of schemes to meet the food, shelter and livelihood needs of the natural
Aftershocks: the impact of
earthquakes on intrastate
disaster IDPs. Ironically, in Sri Lanka, the same government that is regularly
conflict’, Journal of Conflict accused of violating constitutionally guaranteed civil and political rights in the
Relations, vol 51(5), 2007,
pp 715-743
context of conflict, showed remarkable willingness to provide for victims after
the tsunami.
63) Ibid
In the aftermath of the 2004 tsunami, naturally there was increased interna-
64) For example, the
Pakistan Constitution lists
tional focus on the prevention of and responses to disasters. Importantly, the
these rights as ‘Principles Hyogo Framework for Action 2005-2015 recognised that:
of Policy’.
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“States have the primary responsibility to protect the people and property
65) Hyogo Framework
for Action 2005-2015,
on their territory from hazards and … to give high priority to disaster risk
World Conference on reduction in national policy, consistent with their capacities and resources
Disaster Reduction (2
February 2005) UN Doc.
available to them.” 64
A/CONF.20/L.3/Rev.1,
para 4.
Significantly, there was also increased attention to addressing the needs of
those affected by natural disasters using a rights-based approach. As a result,
66) For more information,
see Internal Displacement
the Operational Guidelines on Protecting Persons in Natural Disasters and
Monitoring Centre (Vikram manual to accompany the Guidelines have been developed.65 These guide-
Kolmannskog), ‘Displaced
by disaster – a protection
lines apply to all persons affected by natural disaster, whether displaced or
study’ (see Appendix 3) not.66

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7.8.1 ICLA’s role in natural disasters

Although NRC generally works in conflict situations, on a number of occasions

the NRC Board has agreed to operations delivering assistance to victims of
natural disasters where NRC is already present in the country (such as in
Sri Lanka and Pakistan).

As in conflict situations, it is difficult for a person without prior experience

of disasters to comprehend the significance of legal aid in the rehabilitation
process. Beneficiaries, governments and donors may not value legal aid in the
same way they value food, shelter or health care. In Pakistan, for example,
the first donor of the earthquake operation spent significant amount of time
seeking justification and relevance of legal aid in earthquake rehabilitation.
The donor divided the proposed funding amount by the number of proposed
beneficiaries and was concerned that ICLA’s legal aid project would cost
more money per beneficiary than a NFI distribution project. The donor was
also not convinced that the number of documentation and administrative
cases projected in the draft project proposal was attainable. Initially, local
government bodies in Pakistan also expressed their reservations against ICLA
in its initial stage. However, the disaster programmes ICLA has run to date
(which focused on civil documentation related to compensation and rehabili-
tation schemes) have demonstrated that there is a key role for ICLA to play in
disaster contexts.

ICLA’s interventions in natural disasters so far have been restricted to countries

in which NRC already had an established presence, that is, Sri Lanka (after
the Tsunami) and Pakistan (after the 2005 earthquake and the 2007 flooding
in Sindh-Baluchistan). A shared feature of these countries was the presence
of relatively strong legal and registry systems, providing clear scope for ICLA
in documentation and legal representation. In these countries, similarities in
government responses were also present (e.g. special agencies were formed
to coordinate rehabilitation programmes) as disaster responses were largely
donor driven. Accordingly, ICLA should anticipate similar responses to future,
major disasters in which the usual, large donors are involved. Corruption alle-
gations against the agencies involved in reconstruction schemes should also
be anticipated.
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7.8.2 Examples of ICLA in natural disasters

The natural disaster contexts in which ICLA has operated have all involved
major housing compensation, reconstruction and other rehabilitation schemes.
These schemes usually require beneficiaries to produce identity, property
and other documentation to establish their eligibility for benefits. In order to
access compensation, beneficiaries may also need to undertake a host of
administrative acts, such as opening a bank account, filling out various forms,
obtaining certification from different authorities etc. In some cases, beneficiar-
ies are also in need of legal representation for disputes which arise out of the
disaster context, such as succession issues, title disputes and partition.
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Information
Disaster situations are extremely time-sensitive as Government sponsored
schemes are usually introduced rapidly. Due to the lack of capacity of the
government and/or flaw in the design of the schemes, many displaced persons
do not receive proper information about such schemes and as a result, may
be excluded from receiving benefits.

Example: In the Pakistan earthquake project, ICLA created FAQs in local

languages on the various rehabilitation schemes and disseminated them in the
course of its normal mobile operations. To avoid confusion, FAQs were endorsed,
wherever possible, by the government.

Counselling and legal assistance

ICLA has assisted IDPs who claimed that their property has not been assessed
or was assessed in the wrong category, who needed assistance in opening a
bank account or accessing grievance redress mechanisms related to housing
compensation.

Example: ICLA Kalmunai office (Sri Lanka) received three cases where the
technical assessment for housing compensation was not carried on in accord-
ance with the procedure. In short, the clients were asked to sign blank forms with
incorrect details subsequently entered by the authorities. ICLA brought all three
cases to the High Court. Ultimately, the issue was resolved out of court, with the
district administration agreeing to provide a reassessment.

Capacity building
Capacity building of local government and elected representatives on appli-
cable law is also vital for the rehabilitation process. Natural disaster areas are
likely to see changes in both laws and administrative procedures. Existing
government mechanisms are usually not efficient enough to bring these
changes to the notice of the relevant government officials and elected repre-
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sentatives. In Sri Lanka, for example, changes in law were sent through tele-
graphs to local authorities. However, local government staff usually did not
understand the full implication of the changes from these messages.

ICLA has been involved in building the capacity of local authorities and
registry offices on an ad hoc basis. Capacity building may imply the supply
of tangible assets including equipment which ICLA has not been inclined
to do in the past. But, if “ICLA’s business is to get out of business”, this
can only be successfully achieved once local authorities or other organisa-
tions are capable enough to handle the relevant issues. In disaster contexts to
date, this has been particularly relevant to the handling of civil documentation.

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On the other hand, this approach should always be considered as a last resort
for delivering assistance since it can exacerbate an undesirable culture of
dependency. Always ask the question: How sustainable is this? Can the Civil
Registry office buy canon toner without funding?

Example: Building the capacity of NGOs in Sri Lanka

In the Batticaloa area, ICLA trained NGO field officers (including Save the
Children staff) and probation officers on the basic legal and guardianship needs of
orphaned children. Training participants confirmed that they had never previously
asked questions related to the property and assets of the orphants´ parents, nor
the current status of those assets. Based on this feedback, ICLA developed a two-
page questionnaire for use by Save the Children field staff and district probation
officers in visits to orphans.

Example: Building the capacity of civil registries in Sri Lanka

In eastern Sri Lanka, ICLA managed to equip 15 registry – and land offices of
Batticaloa and Ampara Districts. Immediately after opening ICLA’s offices in these
districts, ICLA discovered that the low rate of documentation case resolution was
due to the registry offices’ lack of capacity in searching the archives and producing
the required documents. Lack of a photocopy machine and a fax machine were
determined to be the main impediments and thus were provided by ICLA. The
registry offices also requested computers but as the documentation process was
carried out manually, ICLA was not satisfied that these were necessary.

A lack of human resources and the disorganized state of the archive books were also
significant factors for the delay in document production. The recruitment of new
registry clerks and proper organization of the archives were required to expedite
the process. Without project objectives on capacity building being included in the
relevant project documents and without the required planning and budget it was
not, however, possible for ICLA at the field level to address these issues.
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For more details on capacity building in ICLA, see also Section 6.6.

7.8.3 Lessons learned through ICLA disaster work

Programme Design
• Reconsider the timing of ICLA interventions: the earliest ICLA inter-
vention made in natural disasters to date was in Sindh-Beluchistan,
Pakistan. ICLA commenced fully fledged operations on the 33rd
day after the flood, at least 3 months sooner than in any other ICLA
disaster programme. This was, however, not quick enough for some as
the assessment for distribution of cash compensation to flood victims
started before ICLA arrived and a significant portion of flood affectees
were excluded from the scheme because they could not to produce the
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necessary documents. Therefore, if significant time will be required for

the recruitment and set up of ICLA offices, a small ICLA unit, perhaps
for the purposes of documentation only, could be factored in NRC’s
emergency and camp management operations.

• Start with a baseline study covering, inter alia, the post disaster
capacity of registry offices and the expected volume of documentation
requests.

• Make a decision on documentation fees coverage by ICLA. Even if the

government is willing to waive the usual documentation fees, it will still
take time for this decision to be made and implemented. Make the
necessary budget adjustments.

• Decide if ICLA should carry out capacity building activities for registry
offices (or other relevant authorities). If so, factor in the costs of required
equipment, etc. Give preferences to basket money rather than money
tied to any particular activity. Ensure there is flexibility in the budget
and proposal, as new information or changes in the operating environ-
ment (such as the departure of particularly cooperative officials) may
require the capacity building activity to change course.

• Include some tentative indicators for exit, particularly with respect to

documentation, e.g. registry offices regaining normalcy, documenta-
tion requests reduced to a certain level, major government schemes
reaching maturity, certain training and capacity building activities
carried on, etc.

Implementation
• Without undermining the mobile visit approach, consider opening small
legal aid offices67 or satellite offices for walk-in clients close to local
government offices.
• Considering organizing a ‘one stop documentation shop’ if relevant
authorities are prepared to cooperate and issue documents from a
single location.
• Consider organising joint mobile visits with relevant issuing authori-
PART 7 – ICLA IMPLEMENTATION

67) Security concerns

often preclude NRC from
ties.
opening too many outlets. • Consider in-house M&E capacity. In natural disasters, base lines move
However, as natural
disaster programs may not
quite rapidly as government schemes mature. On-going M&E will help
encounter the same secu- keep ICLA focused.
rity threats, the possibility
of opening small legal aid
• Seriously consider establishing a research wing. If funding is a problem,
cells should be actively nominate at least one existing staff member for research.
considered. Based on
NRC experiences to date,
productivity of these small Advocacy
legal aid centres can be
significantly higher than the
• Consider advocating for the waiver of documentation fees for the
mobile approach. people affected by the disaster.

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• If the disaster caused people to disappear, advocate for amendment in

the law of evidence to introduce a “presumption of death” in a shorter
period of time.68
• If the disaster causes orphans, advocate for the provisioning of a foster
care mechanism, unless a similar arrangement exists.
• If the disaster causes IDPs to occupy government or private land and
buildings, advocate for their right to due process during eviction.
• If the disaster causes communities living in hazardous zones to be
relocated, advocate for their economic, social and cultural rights.69

Training and Awareness Raising

• Training programmes for local authority staff, local government office
bearers, civil society representatives and NGO workers can add
significant value in the rehabilitation process. ICLA’s documentation
and administrative assistance works are relatively straight forward.
Transfer of knowledge to the responsible local bodies and personnel
68) For example, the
Tsunami (Special Provi- will increase beneficiaries’ access to these services.
sion) Act, passed in June
2005, makes a presump-
tion of death if the person • Initiate training programmes as soon as possible to get maximum
in concern was residing output from the knowledge transferred. In the Pakistan/Afghanistan
in a tsunami affected area
at the time of tsunami and earthquake programmes, ICLA introduced training programmes two
was not seen or heard from and half years after the earthquake. This was at least two years late.
for a period of at least 6
months following tsunami.
Previously, a presumption • Consider awareness raising programmes on urgent protection issues.70
of death would only be
made after 7 years and a
death certificate could not
be issued until that time.
This created a deadlock for Further resources:
IDP’s whose entitlements ALNAP, ‘Responding to earthquakes 2008 - Learning from earthquake relief
were dependent on a
death certificate, including and recovery operations’,
accessing money left in
the bank by the deceased,
his/her pension, insurance, IDLO, Manual on International Law and Standards Applicable in Natural
housing compensation, Disaster Situations
succession, inheritance,
etc.
Future floods of refugees: A comment on climate change, conflict and
69) Take the Tsunami forced migration, NRC report
Buffer Zone as an example.
PART 7 – ICLA IMPLEMENTATION

Fishing communities moved

to mainland areas were Internal Displacement Monitoring Centre , ‘Displaced by disaster – a protec-
likely to lose their liveli- tion study’
hoods.

NRC position paper on climate change, the environment and the displacement
70) For example, in some
Sri Lankan project districts,
ICLA ran GBV awareness Brancati, D., ‘Political Aftershocks: the impact of earthquakes on intrastate
raising program for IDP
community leaders as, conflict’, Journal of Conflict Relations, vol 51(5), 2007
after the tsunami, domestic
violence against women
and children was in the rise. Hyogo Framework for Action 2005-2015, World Conference on Disaster
For more details, see sec- Reduction (2 February 2005) UN Doc. A/CONF.20/L.3/Rev.1, para 4
tion 4.3 on GBV above.

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7.9 Cross-border programming

7.9.1 Benefits and challenges of cross-border programming

“When working with refugees, it should always be primarily considered

to implement a clear cross-border operational structure based primarily on the
displacement region and not the national border – already at time of operational
start-up.”

West Nile, Uganda, donor report, 2008

To date, ICLA has worked across national borders in Uganda/Sudan,

Afghanistan/Pakistan, Burundi/DR Congo and Colombia. Working in this
manner, ICLA is able to provide better services to beneficiaries, including
vastly improving ICLA’s first hand access to information in return districts. In
the Pakistan/Afghanistan programme, for example, it was evident that most
Afghanis did not want to return until they could be assured access to land in
their home areas. In this case, it would have been very difficult to facilitate
returns without addressing issues on both sides of the borders. This advantage
applies equally to programming across the axes of internal displacement (that
is, implementing a programme both in areas of return and displacement within
the one country, a classical example is Georgia/Abkhazia/South Ossetia).

Cross-border programming also presents numerous challenges and a strong

word of caution has been issued by project managers involved in cross-border
programmes: while there has been significant interest within NRC, UNHCR
and amongst donors in cross-border programming, these will only be success-
ful if carefully planned, including due consideration of the numerous practical
issues likely to be incurred at the field level.

Practical hurdles to the smooth implementation of cross-border programmes

include:
• the management of the two country programmes under different
country directors, project directors and project managers;
• different donors for the two programmes, perhaps with different priori-
PART 7 – ICLA IMPLEMENTATION

ties;
• language, cultural and religious barriers between national staff members
and local stakeholders;
• differences in the legal systems and government structures of the two
countries; and
• conflicting interests among national governments i.e. the country of
refuge wanting to repatriate refugees and the country of origin opposing
return and reintegration.

These challenges may also apply to a lesser extent across internal axes
displacement.

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ICLA also needs to ensure that it is not promoting return as the optimal durable
solution for beneficiaries simply because ICLA has a cross-border capability
in place and is under pressure from donors and UN agencies. In this regard,
ICLA programmes must give the highest consideration to the principle of
dignified and voluntary return to avoid promoting forced returns.

7.9.2 Addressing the challenges of cross-border programming

If a cross-border approach is pursued, to address the challenges noted above,
communication and coordination are key:
• Consider appointing at least one dedicated staff member on each side
of the border, tasked with ensuring the two-way flow of information.
• Establish regular coordination meetings and mechanisms for sharing
information from the commencement of cross-border activities.
• Give field staff the authority to communicate directly across borders,
rather than directing all relevant information and requests through the
programme management. This improves both efficiency and local
ownership of the work.
• Encourage staff exchanges (either short or long term). Again, these
motivate staff and increase understanding of the needs and challenges
on both sides of the border.

“In the beginning, there was a lot of mistrust between the Afghanistan and
Pakistan teams and a lack of understanding about why and how they were meant
to work together. In 2007, visits from Afghanistan to Pakistan and vice versa
were organised ... It was important to get people to meet each other, visit each
others’ contexts and forge real connections … Often the Afghans and Pakistanis
didn’t understand each other’s laws which meant they approached issues from
very different directions. We needed to nurture understanding in order to nurture
positive cooperation.”

Afghanistan/Pakistan Project Managers, ICLA Seminar, 2008

Other practical tips for enhancing the benefits and reducing the challenges of
cross-border programming are as follows:
• Use common terminology and definitions in the two project areas in
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all project proposals (including use common terminology in project

databases to facilitate the consistent recording, reporting and analysis
of project data, including using a single case number for each cross-
border client.
• Use common formats (including client registration and referral forms).

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7.10 Building partnerships

In the chapter on Partners in Cooperation, the NRC Policy Paper states the
following:

“Refugees and IDPs are not only the NRC’s target group, but also its
closest partners in cooperation. The activities of the NRC shall be based
on respect for the culture and customs of the refugee groups, and shall
acknowledge the fact that it is these groups themselves that are best
qualified to define their own situation and determine how to improve it.
Refugees and IDPs shall therefore insofar as possible take active part
in the planning and implementation of measures. Such measures shall
be based on, and shall be in support of, the refugees’ own activities to
improve their situation […]

Whenever possible, the NRC shall cooperate with local organisations,

and in this way improve the capacity of these organisations to assist
and protect the rights of refugees and IDPs. Such cooperation shall be
intiated and developed with a view to ensuring that programmes and
efforts can be taken over and continued by local groups.

The NRC shall establish active and inclusive relations with the central
and local authorities in the countries of operation, and base its activi-
ties on appropriate, pre-existing structures where this is possible. The
NRC shall conduct an active dialogue with the authorities with a view to
promoting the rights of refugees and IDPs, and shall if necessary exert
pressure on parties that indicate a lack of willingness to participate in
these endeavours..”

Despite the broad framework provided by the policy paper, the ICLA Policy
adopts a rather narrow approach to partnerships. This is usually justified on
the basis that there is a need for an international presence to ensure maximum
impartiality and independence or where NRC wishes to exercise a high level
of control over the programme. The ICLA Policy states:
“Generally, NRC will not use implementing partners to implement ICLA
projects, but may cooperate with other partners where principles of
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neutrality and other NRC values are maintained. For example, NRC will
always work closely with the United Nations High Commissioner for
Refugees (UNHCR) in the field and support its protection mandate and
impact. Though there is a need to strengthen local capacity, co-operation
with local NGOs and institutions will be considered carefully, as they may
not be (or may not be perceived by the target group to be) neutral in the
conflict.”

However, the recently adopted protection and gender policies are clear on
the need for NRC programmes to establish cooperation with partners. The
protection policy states that “NRC will prioritise formal cooperation with
other likeminded partners where they clearly demonstrate an equal commit-
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ment to the humanitarian principles”. The Gender policy states that partner-
ships should, in particular, be increased with “community groups and NGOs
working to strengthen women’s participation and rights”.

7.10.1 Strategic partners

Despite the need to maintain an image of impartiality and independence
ICLA will always need to establish strategic partnerships with beneficiaries
and other stakeholders to reach its objectives. This cooperation may relate to
the full range of issues being addressed by an ICLA programme, its methods
and activities. Cooperation may be formalised through, for example, struc-
tured joint activities or sharing of information described in a memorandum of
understanding (MOU) or other similar document (a sample is contained in the
Appendix 5 to this handbook).

Strategic cooperation may happen at local, national or international level.

Locally, ICLA programmes will need to be accepted by communities and their
leaders – whether formal or customary – if they want to have any chances of
success, especially bearing in mind the need to explain the benefit of legal
work in many country programme contexts. At national level, partnering with
relevant ministries and bodies should be considered if impartiality can be
maintained and the objectives of the programme are advanced. Partnerships
with international actors, at country level or in international networks and fora,
are rather common.

Further resources:
Strategic Partnership NRC/UNHCR (see Appendix 4)

7.10.2 Implementing partners

The ICLA policy states that ICLA projects will generally be implemented
directly by NRC. However, deviations from this rule are possible, depending
on country context, such as the presence of capable domestic organisations.
Within ICLA, practice in using implementing partners has been mixed. In most
countries, NRC implements ICLA programmes directly. In Colombia and oPt,
ICLA is implemented directly and through partners , while in Georgia it is
implemented solely through partners since 2008 (find an example of an imple-
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menting partner agreement is Appendix 5).

ICLA managers that wish to engage with implementing partners, can use the
following check-list to guide their engagement with implementing partners
until a formal policy outlining the different approaches possible in the organi-
sation is adopted.

Policy and performance of the organisation:

• The compatibility of its values with NRC’s own values
• The compatibility of its strategy and priorities with NRC’s mandate
• Its areas of expertise
• Its capacity to analyse a specific context
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• The promotion of equal opportunities for men and women

• Its approach to cultural conflicts
• Its proven ability to implement according to plans and priorities
• Its capacity to assess strengths and weaknesses and to combine a
variety of approaches
• Its network affiliation
• Its capacity to identify relevant actors at various levels, relate to and
coordinate its activities with other actors
• Its unity and capacity to transfer knowledge between all levels in the
organisation

Financial, technical and administrative considerations:

• Formal registration
• No criminal record
• Transparency
• Its real representation (of members or of external actors)
• Its capacity to manage financial resources, elaborate proposals, and
to manage activities and personnel
• Its capacity to balance the management of service delivery and
political agendas.

7.11 Programme Monitoring

7.11.1 Why is constant monitoring essential?

ICLA is a multi-faceted, complex project. It uses a range of methods and
activities and encompasses a large number of issues. Due to these features,
ICLA has the potential to become unwieldy and difficult to manage. Accord-
ingly, in order to remain responsive to the needs of beneficiaries and relevant
in the programme context, the programme needs to be constantly re-assessed
and re-focussed to keep pace with changes in the programme area’s status.

SIDA defines monitoring as “the continuous follow-up of activities and results

in relation to pre-set targets and objectives. Beneficiary monitoring measures
the extent to which intended beneficiaries have access to outputs and are
able to put them to good use”.
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In Sri Lanka, for example, the ICLA programme commenced when a ceasefire
had been signed and there were high hopes for lasting peace. Subsequently,
the country was devastated by natural disaster and the conflict reignited. The
ICLA programme needed to respond to these dramatic changes in the security,
political and legal environment and the corresponding needs of ICLA’s benefi-
ciaries. Additionally, the evaluation of the Sri Lanka ICLA programme high-
lighted the need to acknowledge the varying status of different programme
areas within the country and the need to respond to such regional variations.

ICLA Project Managers need to be aware of their role to maintain the relevance
of the project in such a dynamic context and be prepared to change the
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programme design, activities, style of implementation, etc, to respond to the

programme environment.

Constant monitoring of the project and the periodic re-assessment of benefi-

ciaries needs will assist project managers look critically at the programme and
re-design or re-focus it to the extent required and possible.

7.11.2 What should be monitored?

Monitoring should enable the programme manager to make a periodic assess-
ment of the status of programme implementation. The programme manager
should aim at answering the following questions.
• To what extent have the specific objectives been achieved?
• Did the programme reach its target group(s)?
• What has happened as the result of the intervention?
• Have there been any changes in the context that require revisiting the
objectives of the programme?
• What real difference has the programme made to the beneficiaries?
• Did the programme contribute towards the return, rehabilitation and
reintegration of the target group?

The monitoring of ICLA programmes should also consider the following:

• The quality and results of legal assistance being provided
• The responsiveness of lawyers to the needs and sensitivities of their
clients
• The quality and results of the information being provided – clear, easy
to understand, relevant and useful?
• The quality and results of referrals being made – are clients receiving
services from third parties?
• Whether client files are being properly maintained and information is
being kept confidential
• What would have happened if ICLA had not been implemented; would
the target group lack the ability to solve their legal and administrative
issues by other means?
• How efficient is the database? How much staff time is spent on data
entry? How quickly is the data being entered? How and to what
extent is the data being used at the field level and country office?
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• How large is the caseload? What is the rate of progress between new
cases and cases closed?
• How/where will case load be transferred upon exit? What plans are in
place for this and other components of the exit strategy?
• Are resources being spent according to plans?

7.11.3 How to monitor?

Methods of monitoring ICLA programmes may include:
• Reviews of all programme and related documents
• Pre-defined indicators, data collected continuously with periodic
analysis.
• Critical reviews of field reports (project managers may require that
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client stories (or case studies) demonstrating the impact of ICLA’s

services should be included as a regular component of field reports
• Critical reviews of programme data (by each programme area and at
the country programme level, as appropriate)
• Key informant interviews of community members and local representa-
tives
• Semi-structured focus group discussions with community members
and leaders (male and female separately if this will enable women to
express themselves more freely)
• Discussions with relevant local (and if applicable, central) government
and non-government stakeholders
• Detailed discussions with ICLA staff from whom information is not
normally received via established reporting structures
• Direct observation through site visits
• Recruit a Monitoring and Evaluation Office to facilitate the monitoring
process
• Establish quarterly planning sessions, to seek input from national staff
• Conduct a full reflection process at least once per year. Remember to
always keep one eye on the exit strategy.

Example: Uganda (West Nile)/South Sudan

In 2007, NRC ICLA in South Sudan conducted a survey exercise with ICLA WN
and North Sudan. 528 individuals were interviewed with the goal of measuring
the level to which the NRC information activities reached the beneficiaries.
Approximately 60% of beneficiaries within the main target group were found to be
regularly receiving information via the ICLA WN project and three of its dissemina-
tion methods which all are adequately effective.

7.11.4 Monitoring and Evaluation staff

Some ICLA programmes have employed a national Monitoring and Evaluation
Officer. A high level of critical analysis of the M&E Officer is also required,
who is, in effect, acting as an advisor or alternate source of information for
programme management. Careful assessment of the quality of information
provided by an M&E Officer is also recommended.
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7.12 The Core Activity Database

The Core Activity Database (CAD) is a programme management tool that

will allow NRC to measure the effectiveness, efficiency and outcome of its
programmes. For the time being, CAD allows programmes to report output
statistics against standard global indicators and to track financial informa-
tion. It is envisaged that in the course of 2009, CAD will be upgraded with
new functions enabling NRC to measure the quality and outcome of its
programmes.
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The CAD ICLA Definitions and User Notes are reprodused in Appendix 2
and they will not be repeated in detail here. However, the main features to
remember are:
• For the time being CAD main function is to report statistics and
financial information. Financial information is linked to the Agresso
system and is updated automatically.
• Statistics are reported every month against a standard Data Capture
Sheet.
• CAD allows programmes to report their statistics per single project or
accumulated under a single project where projects have a common
group of beneficiaries. Programme coordinators in HO are respon-
sible to update the Agresso system to match field preferences for
reporting projects.
• Given many possible variations of ICLA programmes depending
on the context of operation (i.e. more or less developed rule of law
institutions, prevalence of certain topics or methods, etc) the Data
Capture Sheet is designed to allow every programme to report its
statistics. It is important to remember that not every programme
needs to report statistics to every indicator.
• The ICLA Data Capture Sheet is designed to gather statistics about
both, beneficiaries and services. The main rationale behind this is that
a single beneficiary could receive several services from NRC.
• The ICLA Data Capture Sheet disaggregates statistics by
- beneficiaries disaggregated by status;
- methods (information, counseling, capacity building and legal
assistance);
- type of service: information on durable solutions, training on
domestic law, legal assistance in HLP, Civil documentation, etc.
• Given the additional complexity of the legal assistance method statis-
tics are more sophisticated:
- Opened or closed cases (for legal assistance only);
- Type of legal issue (HLP, family law, civil documentation, etc);
- Type of jurisdiction (statutory courts, customary authorities, etc)
- Outcome of the case (successful, unsuccessful and with no
result). This is the only qualitative element in the data capture
sheet.
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7.13 Evaluation

NRC’s Evaluation Policy (March 2007) utilises the Active Learning Network
for Accountability and Performance in Humanitarian Action’s (ALNAP) defini-
tion of evaluation, that is:
“A systematic and impartial examination of humanitarian action intended
to draw lessons to improve policy and practice and enhance account-
ability”.

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The Evaluation Policy further states that:

“Evaluation is one component of NRC’s broader performance review
framework, which also includes activities such as inspection (field visits),
annual audit and monitoring.”

The primary goals of an evaluation are described as:

• “A retrospective review for validation and control, i.e. getting an
independent verification of effectiveness, impact, relevance and
sustainability of the activity performed;

• A more future-oriented review aimed at learning and administration, i.e.

facilitating better decisions and developing better tools to work with
current or new activities”.

The Evaluation Policy also sets out the types and timings of evaluations to be
conducted by NRC and that the key items to be evaluated are:
• Achievement of NRC’s mandate/protection/durable solutions
• Efficiency
• Effectiveness
• Coordination
• Coverage
• Impact
• Relevance/appropriateness
• Coherence
• Connectedness/Sustainability

The brief Evaluation Policy is complimented by the considerably more detailed

NRC Evaluation Handbook (November 2007), which provides more details
on the planning and conduct of an evaluation and using the results of evalu-
ations. The Evaluation Handbook also elaborates on the purposes and types
of evaluations.

For the purposes of ICLA field staff, the most important aspect of evaluations
is to ensure that learning from the evaluation process is reflected in other
ICLA programmes. To this end, it is highly recommended that the existing
evaluations of ICLA programmes (available on the intranet under ‘Govern-
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ance’ and ‘Evaluations’) are reviewed.

To date, NRC has evaluated four ICLA programmes: Burundi, Sri Lanka,
Azerbaijan and Afghanistan. Donors have also commissioned evaluations
of ICLA programmes: Pakistan/earthquake, the Civil Rights Project in the
Balkans and possibly others. Country programmes have also commissioned
many internal reviews.

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Further resources:
NRC Evaluation Policy

NRC Evaluation Handbook

SIDA, ‘Looking Back, Moving Forward - Sida Evaluation Manual’

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PART 8 – ICLA OPERATIONS AND ADMINISTRATION

Reference should be made to the NRC Start-Up Handbook (available on the

NRC intranet) for all general NRC administrative issues and routines. The
information contained in the NRC Start-Up Handbook, the specific Sections
captured here and in other NRC administrative documents will be useful
throughout the life of the programme and not only at the start phase.

8.1 Funding

The majority of NRC’s funding has traditionally come from the Norwegian
Ministry of Foreign Affairs (NMFA). To diversify funding, NRC has set a target
of 50% funding from outside Norway. In 2008, NMFA provided slightly more
than 50% of NRC’s funding, with ECHO, UNHCR and SIDA the next largest
donors. Funding from the EC is increasing. The World Bank, UNDP and
USAID have also financed ICLA programmes.

Internal NRC procedures have to be followed when approaching donors. The

Project Application Toolkit on the intranet includes a flow chart explaining the
different phases and how Head Office and the field complement each other.
The procedures for applying for European Commission and other funding are
presented in the Donor Handbook which is being developed at NRC HO and
gradually being published on the intranet.

8.2 Human resources - international

The recruitment of international ICLA staff is the responsibility of the Recruit-

ment Unit, in close cooperation with the relevant Country Director and the

PART 8 – ICLA OPERATIONS AND ADMINISTRATION

ICLA Adviser. One of NRC’s expressed goals is to retain personnel who have
already proved themselves within the organisation, thus persons with a history
from positions in other NRC ICLA programmes are encouraged to apply.

Similarly, national staff from NRC programmes with proven proficiency and
motivation to work in other NRC programme countries should be considered
when establishing new ICLA programmes. Their knowledge of NRC routines
in general, and ICLA specifically, can be essential for a smooth start-up. In
2008, a national professional trainee programme was piloted with over 20
national staff members deployed to other operations for a period of six months.
The programme is expected to continue in 2009.

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Lesson learned: For ICLA programs in countries where most legal staff does
not speak the NRC operating language or where the applicable legal principles
are very different from western systems, it can be a very time consuming process
to develop a comprehensive understanding amongst the national and international
staff of the law relevant to ICLA’s key issues. This exercise may take many months
and will generally need to be conducted simultaneously to building the capacity
of national staff in basic skills, such a chairing meetings, minute taking and basic
drafting. In such contexts, even where there is no need for international project
coordinators to be placed in each field office, it is highly recommended to utilise
additional international assistance for this exercise. Additional funding for such
posts will need to be budgeted and project managers may need to ‘sell’ the need
for this additional assistance to country directors and donors. To this end, the rela-
tively complex nature of legal analysis and legal problem-solving and the fundamen-
tality of this task to the success of an ICLA program should be highlighted.

See the Human Resources page on the NRC intranet, particularly for:
• advertisements for all international posts
• generic terms of reference for ICLA Project Managers and Coordina-
tors 71
• NRC’s Code of Conduct (for national and international staff)
• the Human Resources database (operational since September 2008).
The database is intended as a resource for country programmes in
need of professionals for assignments of up to six months. The CVs are
systematized around five main categories of expertise: start- up and
closure; training; monitoring and evaluation; information management;
and thematic expertise i.e. HLP, gender, etc. Contact the Recruitment
Section for access to the database.

8.3 Human resources - national

PART 8 – ICLA OPERATIONS AND ADMINISTRATION

A key resource for the recruitment and management of national staff is the
NRC Guidelines, National Staff (available on the NRC intranet). See also the
NRC resources referred to in Section 8.2 above.

Recruitment of lawyers – lesson learned

Prior to the recruitment of national staff, position profiles should be carefully
considered relative to the proposed programme activities. Although ICLA
programmes generally contain a legal assistance component, lawyers should
not necessarily be recruited in the largest numbers, as the most senior staff
members or in management roles. Lawyers from both private and public law
backgrounds often have no management experience, may not be accustomed
to working in a team environment and may have difficulties adapting to NRC’s
style of work, despite their years of experience and education level.
National legislation on the role of lawyers and judges also needs to be taken
into consideration. Not every country will allow lawyers working for NGOs to
71) As of January 2009, represent clients in court. ICLA has also experienced problems in employing
the Recruitment page was judges who suddenly were forced to choose between rejoining the judiciary
still under development.
or losing their status. This resulted in significant numbers of ICLA profession-
121
als leaving the programme.
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In addition to legal staff (such as lawyers, legal advisors, legal assistants and/
or paralegals) and administrative staff (including drivers, logistics and security
staff, etc), ICLA programmes have utilised national staff with a wide range of
skills. Some examples are listed below.

Position title Key responsibilities

Community • Locating programme beneficiaries for the programme by

Mobilisers or networking with local NGOs and CBOs
Information
Counsellors • Introducing the ICLA programme to communities through
outreach meetings

• Preparing and conducting community mobilisation, information

dissemination, some trainings, etc.

• Providing counselling and paralegal support for civil document

requests

• Provision of information and counselling on available social

services

• Referrals to services provided by other organisations and

following up referrals

NB: the Uganda team structure was reorganized in 2008 to

minimise distinctions between ‘information’ and ‘legal’ roles.
More senior staff in an ‘Information Counsellor’ type role were to
be replaced by “Field Officers”, responsible for a team of both
information and legal staff, with teams to be provided technical
support by in-office advisors.
Communications/ • Overall responsibility for media production, including preparing
Information communication materials for information activities, e.g.
Assistants/ newsletters, fact sheets and posters for community meetings
Officers and organising street drama, radio productions and supporting
the preparation of workshops, seminars, etc.

• Officers (often with a background in pedagogy, sociology or

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journalism) may be at the same level as a Legal Officer and be
responsible for supervising a communications team.
Database Data entry and generation of statistical reports from the ICLA
Assistants/Officer database at the field and country office levels
Monitoring & Conduct evaluation activities in field offices, e.g. ‘customer
Evaluation Officer satisfaction’ surveys and provide recommendation for improved
service delivery, etc.
Government Focal person for all interactions with Government authorities for
Liaison Officer relationship building and advocacy purposes.
Project Officers Head of field offices (in lieu of a PC). Responsible for programme
and administrative activities in field offices.
Research Officers Responsible for conducting in-depth research on relevant laws and
procedures or other issues affecting beneficiaries and preparing
papers based on research findings.
Cross-Border • Hold regular cross-border meetings to ensure effective
Coordinator communication on all relevant issues, including the consistent
treatment of cases and appropriate follow up.

• Suggest and maintain necessary common tools,

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Gender balance in recruitment

In accordance with NRC’s Gender Policy, a gender perspective should be
mainstreamed into the recruitment process and capacity building of all staff.
In particular, Project Managers should consider the team structures that s/he
will establish and seek to include at least 1 female staff member in each team
with client contact, including in any mobile outreach teams.

“Before we started the program, we visited dozens of local organisations.

Everywhere we went, the staff was almost 100% male; we were told it wasn’t
possible to find sufficiently qualified women. When we commenced recruitment,
we found around 85% of applicants were male but that most of the female appli-
cants were very good, even if their CVs were not as well presented. Ultimately,
we hired 50% female staff across the project. In no case were the female staff
found to be less competent than their male colleagues. Our male staff said they
were very proud of the gender balance in NRC.”

Former Project Manager, Nepal, 2008

Example: Addressing gender problems in recruitment, Burundi

The mid-term evaluation of the Burundi programme strongly recommended that

“NRC recruitment policies should, in addition to professional competency, take
into account gender as part of its recruitment policy. Positive steps should be
taken to address this imbalance by researching why so few women apply for such
posts and to put in place measures to encourage such applications.” The program
subsequently established a policy of positive discrimination when several candi-
dates were found “fit for the job”, not only ex aequo. Measures, such as an explicit
encouragement of female applicants on job advertisements and a gender-sensitive
selection exercise, were implemented, but without effect as it was found that the
many female law graduates will not apply for positions in the field. A trainee system

PART 8 – ICLA OPERATIONS AND ADMINISTRATION

for female students has now been planned to create a better base for gender
balance in recruitment.

Recruitment of vulnerable persons

ICLA programmes should always ‘practice what they preach’ and consider
recruiting representatives of the target group, wherever possible and appro-
priate. Target group representatives may be particularly useful in a community
mobilization role. At a minimum, ICLA should ensure it recruits vulnerable
persons for basic administrative posts for which a lack of formal education is
not a major impediment.

Recruitment of interns
In certain contexts, it may be possible to employ students or recent graduates
eager to work for an international organisation to gain experience. If well
managed, these individuals can be extremely valuable staff members able
to deliver quality and quantity (in many cases better than more senior legal
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staff – see note on recruitment of lawyers above). This may be both an invest-
ment in the countries future legal capacities as well as in NRC, who is often
affected by “brain drain” to the UN and other employers with more resources
and career prospects.

Further resources:
NRC Guidelines for National Staff

NRC Code of Conduct for Staff

Explanatory Notes to NRC’s Code of Conduct

Personnel Handbook for National Staff

HIV/AIDS Policy for Staff

Recruitment strategy

8.4 Budgets

Information on NRC’s financial procedures including budget tools is in the

NRC Financial Handbook. When preparing a budget, consult the annual
Budgeting and Planning Instructions and use that the newest version of the
budgeting tool (P-info), see the NRC intranet.

In most ICLA programmes, the bulk of activities relate to the provision of

PART 8 – ICLA OPERATIONS AND ADMINISTRATION

services to beneficiaries. Therefore, the majority of costs will refer to human
resources (staff salaries, insurance training costs, etc). Due to the high number
of staff relative to the programme budget, costs of security and communica-
tions items (such as satellite phones) may also be high. These costs may
appear higher than other organisations´ due to ICLA’s preference for self-
implementation.
In addition to the expenses common to all programmes (rent, vehicles, fuel,
safety items etc), ICLA-specific items may include those listed below.

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4040 Project implementing Although ICLA programmes will generally be

costs partners implemented directly, most programmes will
have some national partners, such as a local Bar
Association or an NGO. Funds for the support of
these partners (e.g. for capacity building (human
and physical resources or joint advocacy activities)
should be allocated here.
4240 Purchasing Include any communications equipment required,
communication e.g. voice recorders for radio programming.
equipment
4390/ Purchasing Include workshops for project partners and other
4490 miscellaneous stakeholders.
materials/commodities
or Purchasing In the absence of NRC EFSD and shelter
miscellaneous programmes and appropriate programmes by other
emergency equipment organisations, ICLA may provide basic ad hoc/in
kind support to beneficiaries.
Example: in one Nepal programme area (ECHO
funded) it was not resource or time efficient to refer
a child to a local partner to buy a school uniform so
the child could attend school. Therefore, the costs
of such basic items (approx $6 each) were included
here and paid directly by NRC.
4500 Seminar costs Include workshops for project partners and other
stakeholders
4510 Teaching and Include costs of developing and/or printing
awareness material materials for internal and external workshops in
addition to costs of printing awareness raising
and advocacy materials, such as pamphlets and
newsletters.
4520 Internal programme Include national and international staff training (in-
seminar costs (new country and internationally).
account in 2009)
4590 Miscellaneous seminar/ Any film project costs should be allocated in this
teaching expenses line.

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4640 Legal assistance (new Include costs of retaining specialised legal
account in 2009) assistance (if necessary), costs of any government
or related fees, e.g. for applying for and processing
civil documents, court fees, etc.
6840 Newspapers, Include costs of purchasing a basic legal library (if
periodicals, books a.s.o. required).
6930 Internet Ensure internet fees included are sufficient to cover
costs of high speed connections if required for use
of Agresso and/or an ICLA database.
7140 Travel expenses CO Include costs of national and expatriate staff for
regular work activities (particularly if project will be
outreach-based) and travel to training events.
7300 Meeting costs Regular ICLA staff meetings (different from account
4520).
7330 Image-building cost If high donor visibility is required, costs of
information materials (e.g. fact sheets, posters,
ICLA documents (e.g. in-take forms)) with donor
logos may be allocated here instead of in 4510
above.
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A note on the handling of cash

If an ICLA project chooses not to pay for document processing fees or
other administrative fees on behalf of its beneficiaries, these may need to be
collected from beneficiaries. In this case:
• Receipts must be provided
• The money should be accounted for by staff members collecting and
handed over to a dedicated admin/finance staff member
• The money should be placed in a cashbox as soon as possible (not in
the staff member’s pocket!).

Other issues relating to cash for Programme Managers to consider will be:
• How will the money be booked by ICLA?
• What will happen if a client’s application is not successful?
Will the money be repaid by ICLA? If this is a likely scenario, the
ICLA could choose to collect fees from a client only upon the delivery
of a document. Again, any anticipated shortfall needs to be budgeted.

8.5 Logistics

All practical issues, e.g. office space, communications equipment, vehicles,

etc. are the responsibility of the country office logistician or programme
support. See the NRC Start-up Handbook for more details.

When planning programme implementation, keep a running dialogue related

to all logistics issues – and start as early as possible. Likewise, if there are
plans to hire more ICLA staff or add more field locations, convey your logistics
needs as soon as possible to ensure that they are included in the general
plan.

PART 8 – ICLA OPERATIONS AND ADMINISTRATION

The NRC Logistics Handbook contains all procedures to be implemented
and regulations to be followed by any NRC operation.

8.6 Corruption

Most of NRC´s operations are in challenging environments, in countries where

corruption is widespread. Emergencies, in countries affected by conflict or
natural disasters, are fertile ground for corruption due to dysfunctional official
structures and limited national capacities.

NRC has worked actively to avoid corruption for several years. The Anti-
Corruption Guideline is an attempt to build awareness and to systematise
experiences and lessons learned and make corruption-related procedures
and policies easily available.

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ICLA mainly provides services, not goods, meaning there are fewer possibili-
ties for corruption compared to the other core activities. However, there are
also risks in ICLA that should be pre-empted and avoided:
• Selection of beneficiaries – short cuts – preferential treatment to
certain individuals or groups
• Charging beneficiaries for services that are supposed to be free
• Nepotism in staff recruitment

8.7 Security

The term ‘security’ encompasses a number of issues, e.g. personal security,

residential security, office security, security of beneficiaries etc. These are
all covered in the NRC Start-up Handbook. See also the NRC Security
Instructions (updated version available on the intranet) which is the steering
document for security.

For ICLA, due to the sensitive information dealt with during the execution of
ICLA projects, there are two key security issues that deserve special attention:
the security aspect of project design (to be considered in conjunction with
‘Do No Harm’ in Section 3.5.6 above); and information security. Particular
risks may include intimidation of ICLA staff by governmental officials as well
as key players in local power structures; vulnerability to collateral damage
while visiting or working with government institutions (especially where the
government is active in armed conflict); and disclosure of sensitive informa-
tion which might alter/affect the perception of NRC, especially seen in relation
to protection monitoring work.

It is highly recommended that all ICLA programmes prepare a risk analysis

outlining what are the main security risks that may arise as a result of programme

PART 8 – ICLA OPERATIONS AND ADMINISTRATION

activities. This can be as varied as handling a high profile case with political
implications (often the case when we deal with land, for example), GBV cases
where the family of the perpetrator might want to deter further intervention
from external actors or where information on the activities of armed groups is
being collected and reported. Risks can also be created by issues external
to the programme, such as change in the political context, natural disasters,
common criminality, etc.

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Below are useful checklists to assist you in carrying out risks analyses.

Security aspects of programme design

How will beneficiaries be involved in the design? How will people be informed of the project
or programme? Might any groups misunderstand the plans, and gain false expectations?
How could these expectations be managed?

Might your plans undermine or strengthen someone’s power base?

Who will gain and who will lose out, as a result of your plans?

Might any groups oppose the plans? Will your plans be seen as fair and impartial?

Do planned activities involve protection monitoring? Will reports comment on the local
political/security situation, identify different actors and their roles and contains statements as
to the protection needs of the local population? Would armed groups be able to take this
information from ICLA teams in transit? Who is the formal recipient of the reports?

How will other organisations be informed of the plans?

Will the plans need to be coordinated with them from a programme or security point
of view? Will they have a chance to comment or advice on your plans before they are
finalized?

Will local people have a means of making comments or complaints during implementation?
How will these be handled?

How will you ensure that beneficiaries know about the NRC Code of Conduct, and that they
are encouraged to report any breaches of this Code?

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Information security ensures that important information is not lost, and that
strictly confidential information remains confidential.

Information Security
Filing system Is there an efficient filing system in place to ensure that information
does not get lost?

Are sensitive or confidential files clearly marked as such, and kept

in unmarked, locked filing cabinets, in rooms not accessible to the
public?

Are contracts, registrations, etc. kept in the office safe?

Computer security Are there back-up routines in place for files of value or confidentiality,
(incl. files required for reports to donors)? Are copies/back-ups kept
in a different location than the originals?

Note: Information stored on a computer is vulnerable to damage

and theft, even if passwords are used. Files remain on computer
discs and can be read even if they appear to have been deleted. An
alternative to using the NRC servers for submitting sensitive ICLA
information, could be to explore the use of Hotmail or Yahoo email-
although retrieving advise from the NRC IT department in advance to
establish level of security for your local context is recommended.

Files for evacuation If evacuation is a possibility, is there a list of the files (e.g. personnel
files, financial files, sensitive client files) which should be brought with
the team when evacuating?

Note: Certain types of information may also be dangerous for staff to

carry when evacuating as they may be searched when attempting to
leave.

Radio, telephone All radio and telephone conversations, faxes and e-mails can be
and e-mail security listened to or read by others, even if encryption is used. Satellite
phones are no more secure than other phones.

The obvious way to avoid giving away sensitive or confidential

information is not to send it. When unavoidable, be aware of the risks
(to you and others, including local people) and weigh them against
the benefits. Is it essential that that person receives the information

PART 8 – ICLA OPERATIONS AND ADMINISTRATION

quickly?

Information that Avoid recording any sensitive information (including photos) that
should not be is not strictly needed to record or information that might give the
recorded impression that NRC is gathering information that might compromise
the security of a local authority or a party in conflict.

Security breaches What procedures are in placein case of security breaches, including
thefts of computers containing ICLA information? Emphasis
could be made on reporting thefts of computers containing ICLA
information, hence also contingency plans explored as to potential
consequences if such information ends up in the possession
of hostile actors. Additional efforts should be introduced into
investigative work whenever sensitive ICLA information is stolen or
disappears.

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PART 9 – ICLA EXIT AND CLOSURE

According to the NRC Policy Paper (2006), NRC will close a programme
when:

“The target group is no longer in need of protection or the type of assistance

offered by the NRC, or the group’s needs are being fulfilled by other actors. The
NRC no longer has access to the refugees or IDPs, or is no longer in a position to
implement professionally justifiable programme activities. The safety of the relief
workers cannot be adequately ensured. The relevant situation has reached an
impasse, and the activities of the NRC will not in any substantial way contribute
to constructive, lasting solutions. It is not possible to obtain sufficient financial,
human or other resources to carry out the efforts.”

The planned closure of a country programme should be set out in the Country
Strategy (covering a period of 3 years and revised annually), which is approved
by the NRC Management Group. When time for phasing out is approach-
ing, an exit strategy should be developed with an exit schedule which will be
presented to the Management Group for approval.

The NRC Exit Handbook (May 2007) provides comprehensive information

on a range of topics from the development of exit strategies to the closure of
filing systems. The Exit Handbook also covers evacuations and rapid depar-
tures. For internal finance requirements relevant to programme closure, see
also the NRC Financial Handbook.

The Exit Handbook does not cover the specificities of a legal programme like
ICLA. There are special legal obligations towards beneficiaries and the state
that vary depending on national legal requirements. Two topics are of key
importance to ICLA programmes: how to deal with any opened legal cases 72
and how to dispose of beneficiary information collected, including client files.

9.1 ICLA Closures

PART 9 – ICLA EXIT AND CLOSURE

72) CAD defines a legal

The NRC Policy Paper and the Exit Handbook provide the general framework
case as a dispute between for making a decision on exit from programme countries. However, the ICLA
opposing parties resolved
by a court, or by some
Policy does not include any provisions or criteria as to whether to continue or
equivalent legal proc- stop an ICLA programme. By analogy, it is possible to apply the criteria from
ess. 1) Statutory: here
we count cases which are
the NRC Policy Paper and the Exit Handbook to ICLA but this require inter-
processed by statutory pretation and adaptation to the specific requirements of an information and
institutions. ;Customary:
here we count cases which
legal aid programme. Funding and safety considerations do no require further
are processed by custom- explanation but some of the other exit criteria may unfold as follows:
ary institutions.

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The target group is no longer in need of protection or the type of assistance

offered by NRC, or the group’s needs are being fulfilled by other actor
• there has been a change in regime or government that is inclined to
respond to the needs of displaced persons and NRC ICLA type of
assistance is no longer relevant;
• in the case of refugees, a comprehensive and viable return plan is
agreed between governments and UN agencies making ICLA type of
assistance redundant;
• local organisations have the necessary capacities and resources
–including viable funding in the future- to deliver the assistance
required;
• other organisations are present and willing to take over the issues and
target group covered by ICLA.

NRC no longer has access to the refugees or IDPs

• security has to be good enough as to enable ICLA staff to provide the
assistance required including representing legal cases and to discuss
and inform the target group of the proceedings;
• authorities may not wish that the ICLA type of assistance is delivered
to the target group and may impose all sort of restrictions that are
not security related but that make it impossible to access the target
group.
However, managers need to be alert to the following possibilities:
• access may be achieved through implementing partners if adequate
remote control procedures are in place;
• access may be temporarily restricted and activities may resume after-
wards.

NRC is no longer in a position to implement professionally justifiable

programme activities
• authorities are imposing conditions that are impossible to meet for
independent legal aid providers. i.e. license requirements for legal aid
providers;
• the legal and information needs of the target group fall outside NRC’s
expertise and focus;
• there are no existing frameworks, formal or informal, for NRC to deliver
PART 9 – ICLA EXIT AND CLOSURE

legal assistance in the ICLA areas of expertise e.g. absence of a

property restitution mechanism , functioning civil registry, etc.

The activities of the NRC will not in any substantial way contribute to
constructive, lasting solutions
• the conflict is protracted and without signs of any resolution, hence
NRC’s presence will not make a difference;
• the authorities are not willing to create conditions for solutions to the
displaced population and it is understood that NRC´s efforts through
ICLA type of programmes will not have any influence in this position.

This checklist is not exhaustive. There are other issues that may arise in the
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There are two provisions in the ICLA Policy of special relevance to exit:

1) NRC will plan any legal assistance project with the assumption that it may
require a longer-term perspective, with individual cases caught up in extensive
administrative procedures or court hearings.
(Section 3.3.)

Although this provision does not relate to closure per se, it is important that
ICLA interventions are planned with long term perspectives since national
legal procedures may fall out of the direct control of the programme and in fact
take a long time before concluding. In some circumstances, this may entail
that according to the criteria of the NRC Policy Paper all other programme
activities should be closing, but an ICLA programme may have to remain in
order to see some of the legal processes finalize. Yet, this will again have to
be considered in light of the programme context: funding, security, etc. This
precision being made, it may well be that an ICLA programme should exit
before or after all other programme activities, if applying the criteria of the
NRC Policy Paper indicates so.

2) Well ahead of a general NRC exit from a programme country and in accord-
ance with NRC exit criteria, the organisation will consider and determine
whether to:
• transfer expertise and caseload to other relevant local or international
agencies;
• transfer caseload and equipment to successor organisations estab-
lished by the national staff;
• close legal assistance by handing back cases to the individuals
concerned.(Section 3.4)

This provision offers the three possible alternatives to handling an ICLA

caseload. Alternatives are further elaborated in the two sections below.

9.1.1 Handover of ICLA cases

In situations where pending cases are to be handed over to another legal
aid service provider, whether it is other relevant organisations or a successor
organisation established by national staff, a few key issues to consider include
PART 9 – ICLA EXIT AND CLOSURE

the following:
• The decision to hand over cases should be made well in advance
including a plan that contemplates different scenarios so the programme
is prepared in case the envisaged recipient of cases backs off;
• Providing legal assistance is not exempt of responsibilities in many
national legal frameworks. The procedures envisaged to handing over
cases need to be compliant with national legislation;
• The capacity and future funding possibilities of the organisation selected
to handle the cases need to meet the requirements of handling a legal
aid programme;
• NRC may have to enter into formal agreements with the organisation
to ensure accountability;
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• How will the cases be handed over? Is a series of case briefings

required? Who will attend these? Or, is a handover period of perhaps
3-6 months required?
• A handover period could be part of a larger capacity building exercise.
Appointing and training case managers that will eventually take over
management of the case load should start early in the programme life.
• Handover of full responsibility of cases may occur earlier than
programme closure so that the new organisation’s treatment of cases
can be monitored;
• ICLA beneficiaries must be informed about the changes and their
consent sought. Activities to introduce them to the new service
providers will have to be factored in the exit plans.

9.1.2 Dealing with beneficiary information

The ICLA policy suggests that when there are no alternative organisations to
take over ICLA caseloads, the cases should be handed back to the individu-
als concerned. This is the general rule and the following points may help to
ensure that as many files as possible are handed back to beneficiaries:
• Ensure that ICLA case management procedures including closure are
in line with national legislation;
• Process cases gradually and devolve files to beneficiaries throughout
the life of the programme to avoid sitting on a large volume of files to
be devolved to beneficiaries when exit is approaching;
• When exit is approaching carry out an information campaign –public or
addressing each beneficiary individually- so beneficiaries can approach
NRC to collect their files;
• Conduct an inventory of all existing opened and closed case files.
However, handing over files to beneficiaries may not be possible in all situa-
tions due to security restrictions, geographical spread of the beneficiaries, lack
of contact with beneficiaries over a long period of time, etc. If the operation
is closing down and some files have not been devolved:
• Check what is the relevant national legislation when it comes to file
conservation by legal aid providers;
• Explore the alternatives of keeping files with a trustee in the country or
transporting them to a secure location;
• If the national legislation allows, consider destroying the files. If that
PART 9 – ICLA EXIT AND CLOSURE

choice is made ensure that beneficiaries have been informed about

this eventuality i.e. during the information campaign.

9.1.3. Lessons learned

Lessons and experiences are accumulated throughout ICLA programmes.
However, it is particularly important to consolidate those before the end of
the programme since it will be difficult, if not impossible, to reach benefici-
aries and other stakeholders after the programme is officially closed. Also,
documentation may not be in reach once files have been handed back to
beneficiaries or archived.
Capturing knowledge should not be confused with end of programme evalua-
tions that may take place before or after the programme is closed.
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There might be great variation in the content of a final programme document

capturing knowledge and experience. Some suggestions may include:
• Focus on the general outcome of the programme. What benefits has it
brought to beneficiaries? Has the programme caused any unexpected
harm?
• Focus on specific issues important for the target group: positive
changes in legislation or policy, perceived improvement in the practice
of authorities, issues that are still a concern, etc.
• Focus on programme management issues. For example, what tools
have worked well and how have they been made available to the
organisation, what tools would have the programme benefitted from,
how have human resources developed throughout the programme life,
and how have they affected the programme life;
• Provide the final statistics on the assistance delivered throughout the
programme life.

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APPENDIX 1 – The ICLA Policy

CORE ACTIVITY POLICY DOCUMENT

Preamble

NORWEGIAN REFUGEE COUNCIL GLOBAL MANDATE AND POLICY

“The NRC shall promote and protect the rights of all people who have
been forced to flee their countries, or their homes within their countries,
regardless of their race, religion, nationality or political convictions. This
will be achieved by acting as an independent and courageous spokesman
for refugee rights nationally and internationally, by providing humanitarian
assistance in emergency situations, and by strengthening the capacity of
the UN organisations to offer and coordinate international aid and protec-
tion. The NRC shall in all ways seek to provide viable, durable solutions
with regard to both its spokesman activities and its emergency relief
efforts.” (NRC Statutes, Article 1)

INFORMATION, COUNSELLING AND LEGAL ASSISTANCE (ICLA)

1 OBJECTIVES

1.1 The primary objective of ICLA is to contribute to durable solutions for

refugees, IDPs and returnees and to assist them in obtaining their rights.

1.2 Within this, the specific objectives of ICLA are to:

• Contribute to the best basis on which target groups in exile can decide
whether to return or integrate locally.
• overcome legal obstacles, particularly related to housing, land and
property issues.
• contribute to the recognition of legal personality and access to
rights and services that are dependant on obtaining personal identity
documents.
• contribute to the improved protection of particularly vulnerable indi-
viduals, such as sexual and gender-based violence victims and female
heads of households.
• based on return monitoring, mobilise remedies to threats to protection
and durable solutions.
• based on advocacy on identified and documented issues of concern,
contribute to their solutions or improvements.
APPENDIX 1

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2 TARGET GROUPS

2.1 Primary target groups are refugees, IDPs and returnees.

2.1.1 Where there is limited implementation of durable solutions, priority will

be given to facilitate voluntary pilot returns or local integration.

2.1.2 Particular attention will be given to vulnerable individuals and groups.

2.2 Secondary target groups, such as non-displaced other ethnic groups

or host populations, may be included to avoid the perception of discrimination
or bias.

3 PHASES

3.1 During conflict in the area of operation, a small ICLA component may
be integrated in other activities, such as camp management, to help facilitate
return and maintain focus on durable solutions. Where conflict is protracted,
a careful assessment will be made before establishing an ICLA project.

3.2 ICLA is particularly relevant for post-conflict situations with opportuni-

ties for durable solutions, including in complex emergencies where a post-
conflict phase may apply only to limited safe areas.

3.3 NRC will plan any legal assistance project with the assumption that
it may require a longer-term perspective, with individual cases caught up in
extensive administrative procedures or court hearings.

3.4 Well ahead of a general NRC exit from a programme country and in
accordance with NRC exit criteria, the organisation will consider and determine
whether to:
• transfer expertise and caseload to other relevant
local or international agencies.
• transfer caseload and equipment to successor
organisations established by the national staff.
• close legal assistance by handing back cases to
the individuals concerned.

4 APPROACH

4.1 Legal assistance

APPENDIX 1

4.1.1 NRC provides legal assistance, usually through individual case work,
but it may also may entail class action.

4.1.2 Priority will usually be given to facilitate return, but when this is not
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feasible (or not preferred by the target group), NRC will provide legal assist-
ance to facilitate local integration (refugees) or resettlement (IDPs).

4.1.3 NRC may pursue legal action through all relevant local, national and
international legal systems and mechanisms, including customary law, conflict
resolution and mediation mechanisms and any other prevalent systems of law
- in addition to statutory law and the courts.

4.1.4 The first tier of NRC legal assistance will be to provide ‘brief legal
advice’ on any legal issue of the client’s concern, where clients can reasonably
easily solve the problem themselves. Requests are answered immediately, if
necessary with advice on seeking legal administrative assistance elsewhere.

4.1.5 Under a second tier, NRC may provide extensive legal assistance to
pursue issues of:

A. Obtaining documents relating to identity/civil status or accumulated

rights such as pension or employment), particularly if it entails a cross-border
approach (or one along an internal axis of displacement). This may be coordi-
nated with NRC Education projects (see Education Policy).

B. Accessing housing, land and property rights. In situations of return, this

usually means the pursuit of restitution of property or land rights held at the
time of displacement. Where such property is occupied by other displaced
persons, NRC will pursue co-ordinated solutions for all displaced parties.
In relation to local integration, assistance will usually be given to secure
permanent rights to land/housing provided by local or national authorities.
This can be coordinated with Shelter projects (see Shelter Policy).

C. NRC may provide legal assistance to particularly vulnerable individuals

that face special protection needs or obstacles to durable solutions caused
by gender based violence or due to their displacement and gender based lack
of access to livelihood, land and inheritance.

4.1.6 NRC may provide training in legal issues to target groups and key
local actors - to establish a platform of understanding of rights and applicable
law, and subsequent legal approaches to key issues.

4.2 Information, counselling and return monitoring

4.2.1 NRC may provide information and counselling to displaced persons

to help them make decisions on whether to return or to integrate locally.
This should include knowledge acquired first hand by NRC, as well as from
APPENDIX 1

secondary sources, on potential areas of return or local integration.

4.2.2 Return monitoring will be initiated when follow-up mechanisms

(including NRC legal assistance) are already identified and established.
Requests for information or assistance on issues outside NRC priorities will
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be referred to another appropriate agency, with particular care taken when

referring clients to medical and psycho-social assistance for victims of sexual
and gender-based violence.

4.2.3 In immediate post-conflict situations, these activities can constitute a

gradual continuation and replacement of NRC camp management and co-
ordination.

4.2.4 ICLA projects will preferably be established where other NRC activi-
ties are providing assistance.

4.3 Advocacy

4.3.1 NRC will identify and document protection issues of concern and legal
obstacles to durable solutions, and advocate for solutions in the field, as well
as through the Internal Displacement Monitoring Centre in Geneva and other
relevant channels.

4.3.2 NRC will provide periodic and thematic reports to advocate for the
rights of target groups with key actors, and to document the ICLA approach.

5 COORDINATION AND COOPERATION

5.1 ICLA will be particularly effective through co-ordinated cross-border

approaches in the country of exile and the country of origin, or along internal
axes of displacement for IDPs.

5.2 Generally, NRC will not use implementing partners to implement ICLA
projects, but may cooperate with other partners where principles of neutrality
and other NRC values are maintained. For example, NRC will always work
closely with the United Nations High Commissioner for Refugees (UNHCR)
in the field and support its protection mandate and impact. Though there is a
need to strengthen local capacity, co-operation with local NGOs and institu-
tions will be considered carefully, as they may not be (or may not be perceived
by the target group to be) neutral in the conflict.

6 LEGAL FRAMEWORK, POLICIES AND GUIDELINES

6.1 ICLA activities will be based on and carried out within the framework
of the following instruments and policies:
APPENDIX 1

6.1.1 International and Domestic Law

• International Human Rights law
• International Humanitarian Law
• Regional instruments

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• UN Office for the Coordination of Humanitarian Affairs (OCHA)

Guiding Principles on Internal Displacement
• Domestic legislation and customary law and practice.

6.1.2 NRC policies

• Policy Paper
• Protection Policy
• Evaluation Policy
• Code of Conduct
• ICLA Handbook
• Core Activity Policies

APPENDIX 1

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APPENDIX 2 – The ICLA Core Activity Database Definitions and

Users Notes

1. Introduction

The following definitions and user’s notes aim to guide the reporting responsi-
ble for each project in filling out the monthly statistical report, called the Data
Capture Sheet (DCS), that will be uploaded into the Core Activity Database
(CAD). The definitions provided are adapted to NRC’s realities and practices
and may not always coincide with definitions used by other agencies or donors.
The DCS is not intended to capture and count the full reality of the field, given
the great variety of contexts in which NRC programmes are operating. The
definitions are generic to provide every project an opportunity to report on
their activities using the same indicators, and thus allowing for a streamlined
reporting system for the organisation as a whole. In this way, the CAD will be a
common resource used for reporting on the activities of the organisation and
for planning of future interventions.

The reporting parameters are also generic. Not every project has to report
a figure in every field in the DCS. Some programmes work with IDPs only,
hence the Refugee fields will be left blank. The DCS is designed to enable
every project to report on their activities and not to force every programme
to carry out certain activities in order to report numbers in every field of the
DCS.

Filling in the DCS: Methods and services

The text below follows step by step the tables in the DCS, providing the
relevant definition to apply to each indicator.

• The DCS is divided under four titles corresponding to the four ICLA
methods; Information, Counselling, Capacity building and Legal assist-
ance.
• Under each method, ICLA programmes deliver services. For example,
an information session on durable solutions is a service delivered under
the method Information, and should be inserted in the DCS under the
title Information.
• One beneficiary should be counted only once per method.
• If one beneficiary benefits from services under two different methods,
the beneficiary should be counted once per method, thus two times in
total in the CAD.
• One beneficiary may profit from several services under one or more
APPENDIX 2

methods, and all these services should be counted under the relevant
methods.
• Both beneficiaries and Services are counted as the service is finished/
the case is closed except for Opened Cases under the method Legal
Assistance.
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General definitions: What are we counting?

The DCS enables us to gather statistics about how many beneficiaries we
are reaching with our assistance and how many services we are providing
to those beneficiaries. The distinction is important since one beneficiary may
receive various services.

1.1 Beneficiaries (total # of)

For the purpose of the DCS, a beneficiary is a direct recipient of ICLA services.
Family members, dependants and others who may benefit from the assistance
are not counted in the DCS as beneficiaries.

We only count beneficiaries of counselling, capacity building and legal assist-

ance services. For that purpose we have incorporated to those Sections in
the DCS a column or block to report those statistics. The statistics are disag-
gregated by displacement status and gender. For legal assistance the infor-
mation is disaggregated also according to legal theme and the outcome of
the service received.

We have decided not to count beneficiaries of information activities, only

services. This is to avoid burdensome statistic gathering process since
some activities may entail large gatherings of beneficiaries i.e. focus groups,
screening of videos, drama, etc. It would be difficult to know if beneficiaries
have already received information from NRC individually.

We only report the NEW beneficiaries (for whom it is the first time a service/
case has been closed) during the reporting period. The year-to-date reporting
function will accumulate figures from previous reporting periods.

It is important that beneficiaries are only counted ONCE for each method (coun-
selling, capacity building and legal assistance) even if they receive several
services at different times. For example, a beneficiary may receive assistance
in several legal assistance cases. When the first case is closed s/he will be
counted. When the other cases are closed s/he should not be counted again.
In-country systems need to be adjusted to ensure this rule is followed, for
example by assigning an ID number to each beneficiary. Otherwise, there is a
risk of counting the same individual multiple times.

1.2 Beneficiary categories

Primarily, a beneficiary of ICLA assistance is categorised according to gender
and displacement status. These dimensions are used across the DCS and are
defined in the following paragraphs in this Section. They apply to all methods:
information, counselling, capacity building and legal assistance. There are
however, three particularities:
APPENDIX 2

• Regarding capacity building, the list of beneficiary categories also

includes authorities, UN/INGO staff and local NGO/CBO staff.
• Assistance delivered to host communities can be reported under every
method, although belonging to a host community is not a displacement
status, per se.
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• Victims of SGBV are only counted under counselling and legal assist-
ance.

a. Refugees
• Persons meeting the criteria in the 1951 Refugee Convention, the
OUA Convention and the Cartagena Declaration whether or not they
have been recognised as refugees by states signatories to those
instruments.

• Persons who are recognised as refugees, whether through individual

or group status determination, by UNHCR acting under the authority
of its Statute and relevant UN General Assembly resolutions. Mandate
status is especially significant in States that are not parties to the 1951
Convention or its 1967 Protocol.

• Persons of concern to UNHCR i.e. all persons whose protection and

assistance needs are of interest to UNHCR. These include refugees
under the 1951 Convention, persons who have been forced to leave
their countries as a result of conflict or events seriously disturbing
public order and stateless persons. UNHCR’s authority to act on
behalf of persons of concern other than refugees is based on General
Assembly resolutions.

• Persons who were not refugees when they left their countries of origin,
but who become refugees at a later date, owing to intervening events.
Refugees sur place may owe their fear of persecution to a change in
the country of origin, such as through a coup d ‘état, or to bona fide
political activities undertaken in the country of refuge.

• Persons considered being refugees under the provisions of the interna-

tional instruments that were in force before the 1951 Refugee Conven-
tion i.e. statutory refugees.

b. IDPs
A person or group of persons ‘who have been forced or obliged to flee or
to leave their homes or places of habitual residence, in particular as a result
of or in order to avoid the effects of armed conflict, situations of general-
ized violence, violations of human rights or natural or human-made disasters,
and who have not crossed an internationally recognized State border.’ [1998
Guiding Principles on Internal Displacement]

Persons falling under this definition who are not consider IDPs by state authori-
ties may still receive assistance from NRC and will be counted as IDPs for the
APPENDIX 2

purposes of this database.

c. Refugee Returnees
Refugee returnees are persons or group of persons that have returned to
their country of origin, voluntarily or involuntarily, and who are receiving assist-
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ance from NRC to reintegrate. Please note that for UNHCR, voluntary return
means that refugees have reached a durable solution i.e. a change in legal
status. NRC may still provide reintegration assistance to refugee returnees
despite the fact that they are no longer of concern to UNHCR.

d. IDP returnees
IDP returnees are persons who have returned to their place of origin but still
require reintegration assistance in order to reach a durable solution.

e. Host Community
A community that has not been or is no longer displaced which cohabits in
close vicinity with displaced population. Here we register individuals belonging
to host communities.

f. Authorities
Any individual working at any level of public administration or political institu-
tions i.e. civil servants, parliamentarians, customary or religious authorities,
etc as long as their authority is recognised in national legal and institutional
frameworks.

g. UN/INGO staff
Individuals working for United Nations Agencies, international organisations
and international non-governmental organisations.

h. Local NGO/CBO staff

Individuals working for national non-governmental organisations or for
community based organisations. If we are providing training to the leaders/
staff of a Refugee/IDP/Returnee association we will count them here, as long
as they are invited in that capacity. If their positions in the organisation are
irrelevant and they are only being trained because they are displaced they
should be counted under the categories defined above.

i. Beneficiaries victims of Sex and Gender Based Violence (SGBV)

They are individuals belonging to any of the following categories of benefici-
aries (refugees, IDPs, returnee refugee, returnee IDPs, and host communi-
ties- see definitions of these categories) that have been subject to violence
directed against them on the basis of their gender or sex. The following are
types of gender-based violence:
- Sexual violence;
- Physical violence;
- Emotional and psychological violence;
- Harmful traditional practices;
- Socio-economic violence.
APPENDIX 2

The DCS is NOT aiming to count how many ICLA beneficiaries are victims of
SGBV. The aim is to count how many beneficiaries have received a service
(s) that is/are related to their condition of victims of SGBV. For example, a
woman wants to obtain ID document for a child born as a result of her being
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raped. Or a widow wants to repossess land she lost as a result of the death
of her husband to his relatives.

Under counselling and legal assistance (closed cases/beneficiaries), there

are columns marked as # of beneficiaries victims of SGBV we count how
many OUT OF THE TOTAL numbers of beneficiaries per service/theme are
victims of SGBV. These statistics are also disaggregated by displacement
status and gender.

Under legal assistance (closed cases/methods), there is a column to report

how many cases are SGBV related.

2. Types of services

For the purpose of the DCS, a service is one unit of assistance provided by
NRC ICLA programmes. Sometimes a service may require several actions.
For example, a court case requires several actions i.e. interviewing the benefi-
ciary, gathering evidence from a registry, interviewing witnesses, attending
several hearings, etc. Each action is not counted as a service.
Every method (information, counselling, capacity building and legal assist-
ance) is broken down into specific services. For example:
• information on durable solutions;
• counselling on the procedure to register a child which was born in
exile
• counselling on which institution may provide a service on a specific
issue outside NRC’s mandate;
• providing legal assistance through Alternative Dispute Resolution
before a customary authority in an HLP case.

Each service is defined in the Sections below.

Service statistics are disaggregated by the displacement status of the bene-

ficiary (IDP, refugee, etc) and gender. For legal assistance we have added
more parameters to ensure we capture all the complexity of providing legal
services. Please refer to that Section for specifications.

If a beneficiary brings to our attention several problems and receives several

services, all services are counted. For example, if a beneficiary needs to be
referred to an organisation that provides in-court representation and wants
NRC to assist him to repossess his property through mediation, EVERY service
is counted under each pertinent box. But the beneficiary is only counted once
for each method: counselling, capacity building and legal assistance. (Please
APPENDIX 2

remember that for information we only count services and not beneficiaries).

If a beneficiary brings to our attention a single problem but it is not clear which
service he will receive, it is not reported until a choice of service is made. If the
service chosen fails and the case merits other services, all services provided
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2.1 Information
Information activities aim to provide access to accurate, reliable and timely
information to individuals and communities to make sound decisions regarding
durable solutions to their displacement and to make them aware of the
rights.

The basic difference between information and counselling is that information

is generic and not tailored to solve specific problems or needs of an individual
or group. The information provided should not imply an advice on what is the
best solution (viable, sustainable, etc) to a specific problem. This difference is
further explored in the ICLA handbook.

Because of the modalities of information provision (i.e. large groups) it is unre-

alistic at this stage to track every beneficiary and at the same time ensure we
do not double count beneficiaries. Therefore, only services will be counted
in the DCS and the total number of beneficiaries of assistance under this
method will have to be estimated by ICLA mangers and reported elsewhere
in other tools i.e. quarterly and donor reporting, etc.

So how do we count information services?

There are three separate dimensions to report statistics about information
activities:
1. Types of services
. Group sessions
. Use of media.

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Item Definition
[Link] of services Information services are defined by the content of the information.
In this first dimension we report statistics about ALL the services
we provide, i.e. every individual that receives information from
NRC, even if he receives several services, will be counted
here. Therefore, if somebody sits in a group session on rights
awareness but also comes to an ICLA office three times to receive
information on durable solutions issues (a form to claim property,
the address of the civil registry and whether or not he is entitled to
government emergency assistance) we will count 4 services. The
DCS disaggregate data about services by displacement status
and gender.

Durable solutions Return, Local Integration, Resettlement: NRC active in the latter
only in contexts of internal displacement.

Activities conducted by ICLA programmes to provide accurate

and reliable facts about the conditions for return, local integration
or resettlement (the latter only valid in contexts of internal
displacement) with the objective of enabling displaced persons
to make an informed decision. This information may include
facts about 1) the general situation (political situation, safety
and security, freedom of movement, amnesties, mechanisms for
reintegration, etc.); 2) the procedures for returning, integrating
locally or settling elsewhere,(what documents are needed, what
the legal or administrative procedures are, what reintegration
packages are available, what transport will be available, etc.);
3) the conditions on return, local integration or assistance from
national and international agencies, etc.); 4) information about
services provided by NRC and other humanitarian actors

Rights awareness The provision of information about rights aiming to raise

and sensitization awareness among target groups. Depending of the context,
the target groups could be informed on international human
rights standards, rights enshrined in domestic statutory law (i.e.
constitution), or rights arising from customary laws and practices.
Awareness and sensitization is different from training. Training
implies a transfer of skills while awareness and sensitization only
implies that beneficiaries become aware about the existence of
rights and their scope.

[Link] events For further analysis of the methodologies we use for delivering
information we specifically track how many group sessions we
have we hosted in the reporting period and how many individuals
attended.

# of group sessions A group session is an event where NRC delivers information on

durable solutions or rights to a group. In this box we want to track
how many information group sessions have taken place within the
reporting period.

Individuals attending information group sessions only! In the

# of people previous block we register ALL information services delivered by
attending the group NRC, whether one-to-one or through group sessions. In the box
APPENDIX 2

sessions marked as “# of people attending the group sessions” we track

only those who attended group events.

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[Link] of media The use of media refers to using radio, TV, or other type of
methods, i.e. leaflets to disseminate information about durable
solutions or rights.
# of times Since it is not possible to track the exact number of recipients
of information disseminated through media we want to track
how many units (TV programmes, radio spots, leaflets, or other
publications) were released during the reporting period. How to
count? For example, if the same radio jingle on HLP issues is
broadcasted 4 times per month in 12 radio stations, we count
48 # of times.

2.2 Counselling
Counselling is one-to-one advice to a beneficiary on how to overcome
obstacles to durable solutions, what institutions can assist in addressing
protection gaps and/or how to address legal issues, including obtaining their
rights and entitlements. It is a step beyond information on durable solutions
or rights (see the previous Section) because it entails a degree of analysis of
the problems faced by the beneficiary and provides advice on what is the best
possible course of action to solve a particular problem. It may require more
than one interview with the beneficiary and it may entail making contact with
institutions or third parties.

Please note that counselling is different from Alternative Dispute Resolution

(ADR) because the beneficiary merely offers one individual or group advice
while ADR is when two or more parties with a dispute, solve that dispute
without having resorting to a formal judicial decision. For the purpose of the
DCS, ADR requires specific engagement from NRC to solve the problem.

So how do we count counselling services and beneficiaries?

Unlike with information, there is only one block in the DCS for reporting coun-
selling statistics. Counselling differentiates between services and beneficiaries
to avoid double counting when a beneficiary receives more than one counsel-
ling service. Remember, if more than one counselling service is provided to
one beneficiary we count all services provided but we only count one benefi-
ciary. In-country data monitoring systems need to be adjusted to ensure this
rule is followed, for example by assigning an ID number to each beneficiary.
Otherwise, there is a risk of counting the same individual multiple times. The
DCS includes a column to report the total number of beneficiaries.
APPENDIX 2

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Item Definition
SERVICES
On durable One-to-one advice on a problem related to the same catalogue of
solutions issues listed under information on durable solutions suggesting
the best course of action to address the problem.

On Legal Issues One to one advice on any specific rights violation, legal claim,
(legal brief) rights to benefits or assistance they ay have, etc. Beneficiaries
will be encouraged to solve the problem by themselves, unlike
with legal assistance.

Referrals One-to one advice on what institution can assist in solving a

problem which does not fall within NRC’s programme activities.
Generally, there will be some kind of agreement and understanding
(more or less formal) between NRC and the institution with the
mandate and capacity to deliver assistance.

INDIVIDUALS
Total # of Please fill in the total # of beneficiaries having profited from the
beneficiaries services. Remember, if more than one counselling service is
provided to one beneficiary we count all services provided but
we only count one beneficiary.
# of victims of Please refer to point II 1.2 i
SGBV

2.3 Capacity building

Activities aimed at assisting target groups and key local actors to develop
skills or competencies that will enable them to contribute to durable solutions
and protection of rights. There is only one block to report capacity building
statistics on services and beneficiaries. Usually, activities entail delivering
training services on the following themes:
• IDP guiding principles
• Refugee and Human Rights Standards
• Domestic Law

So how do we count capacity building services and beneficiaries?

If an individual is receiving training in more than one subject, we will count a
service for each time he has been trained. However, we will only count one
beneficiary, as we do with counselling. In-country data monitoring systems
APPENDIX 2

need to be adjusted to ensure this rule is followed, for example by assigning

an ID number to each beneficiary. Otherwise, there is a risk of counting the
same individual multiple times. The DCS includes a column to report the total
number of beneficiaries.

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2.4. Legal Assistance

Legal assistance is a modality of support to an individual or group of benefi-
ciaries that implies using a legal methodology to solve a problem. A principal
difference with information and counselling is that in those modalities the
beneficiaries may solve the problems by themselves while in legal assistance
cases, further NRC intervention is required.

So how do we count cases and beneficiaries of legal assistance?

As in counselling and capacity building we count services (i.e. cases) and
beneficiaries. If an individual is receiving legal assistance in more than one
case, we will count every case. However, we will only count one beneficiary,
as we do in counselling and in capacity building. In-country data monitor-
ing systems need to be adjusted to ensure this rule is followed, for example
by assigning an ID number to each beneficiary. Otherwise, there is a risk of
counting the same beneficiary multiple times.

Since cases may extend over a considerable length of time, the DCS divides
legal assistance statistics in two blocks: opened cases and closed cases.

- Opened cases are disaggregated by the number of individuals and by legal

themes.
- Closed cases are disaggregated by the same criteria plus type of jurisdic-
tion and outcome. It is also possible to report how many are SGBV related
cases. It is only after a case is closed that statistics about beneficiaries are
reported, disaggregated by theme, displacement status, gender and outcome
of the case.

Item Definition
OPENED CASES From the moment that a case is registered until a case is closed
LEGAL ASSISTANCE it is consider open. We only count newly open cases in each
month/period and do not accumulate opened cases from previous
months/periods. For example, in January 2008 we opened 10
cases and in February we opened 8 new cases. The January
Monthly report shows 10 open cases and the February Monthly
report shows 8 AND NOT 18!!!. The year-to-date report will
show the accumulated number and is generated automatically
by adding all open cases and subtracting all closed cases. Some
programmes referred to this as newly registered cases.

Please do NOT count an open case more than once!!!

CLOSED CASES A case is closed when one of the following outcomes has
LEGAL ASSISTANCE been reached and NRC’s assistance is not longer pertinent.
METHODS The purpose of the following classification is to understand
whether our legal assistance is contributing to durable solutions
and protection of rights beyond the mere formal resolution of a
APPENDIX 2

case.

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Successful

A case is closed successfully when a decision or an agreement is

reached and the problem is resolved in a manner that contributes
to durable solutions and protection of rights and NRC’s assistance
is not longer required. This does not necessarily mean that the
case is solved in favour of NRC beneficiaries. A successfully
closed case includes the following:

- the decision has been implemented

- the process was fair and followed available procedures.

Unsuccessful

A case is closed unsuccessfully when the decision reached is

not resolving the problem in a way that contributes to durable
solutions and protection of rights and NRC’s legal assistance is
not longer pertinent. This includes:

- the decision was reached but never implemented;

- the process was unfair and available procedures were not

followed.

(Note: If one of these outcomes has been reached and ICLA

decides to initiate advocacy or other activities beyond the pure
legal approach to the case e.g. by bringing the case to the
attention of anticorruption authorities, for the purposes of this
database the case is considered opened).

Without result

No result to the request, matter or problem has been confirmed by

NRC after a specified period of time –to be explicitly determined
by every NRC ICLA Programme- and NRC’s assistance ceases.
This includes when a client indicates that s/he is not interested
in continuing a case or when the client has not had contact with
NRC over a specified period of time.

Individual case When an individual requests assistance to solve one specific

legal problem or matter. For example, s/he has been de-registered
as an IDP and has lost his/her status and subsequently the
humanitarian assistance associated to it. S/he wants to file an
administrative request to nullify the decision and be registered.
We count this as one case. If the same individual wants legal
assistance to file a case in court to repossess his/her property, it is
counted as another case. If she is a victim of SGVB (her husband
is repeatedly attacking her) and she wants to be represented
in court –but NRC does not provide in-court representation in
criminal cases- and she is referred to another organisation, this is
APPENDIX 2

recorded under counselling i.e. referral. If the case worker is not

sure of what methods of assistance the beneficiary requires this
situation should not be reported to CAD until it is clear.

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Group/collective When several (more than one) individuals request assistance

case from ICLA to solve one specific legal problem or matter pertaining
to the same situation and they have agreed to be represented
by NRC, this is counted as ONE GROUP CASE. For example,
three individuals want to repossess their land which is occupied
by the same occupant.

On the contrary, if an ICLA programme has detected several

cases that entail the same problem and could be processed
together but no connection exists between beneficiaries we
count them as individual cases.

Remember: one individual might be part to a group case and

receive individualized assistance in another case. S/he is counted
once but services are counted twice.

Important : A case setting a precedent is not necessarily a

group case.

Alternative dispute ADR refers to any of a number of procedures that people may
resolution (ADR) use to resolve their disputes as an alternative to litigation in
courts of justice. The main types of ADR ICLA practitioners are
likely to encounter are negotiation, mediation or arbitration. All
can be reported under the rubric ADR.

Legal cases A legal case is a dispute between opposing parties resolved by

a court, or by some equivalent legal process.

• Statutory
Here we count cases which are processed
by statutory institutions.

• Customary
Here we count cases which are processed
by customary institutions.

Double counting should never be a problem in closed cases

because the reporting officer will be sure under what type of
method/jurisdiction the case has been closed.

Land, Housing and Refer to both tangible and intangible property, including land,
Property (HLP) homes, money, crops and livestock. HLP rights include a range of
rights formal and/or informal rights and entitlements relating to access,
use, control and transfer of property. Cases of legal assistance
provided to individual/groups to overcome legal obstacles to
accessing housing, land or property that constitute a special
protection concern or and obstacle for durable solutions will be
counted here.
Civil documentation Refers to two separate categories: a) citizenship or civil
status documents which provide proof of identity and facilitate
APPENDIX 2

the exercise of various rights. These include passport, identity

documents, birth, death, marriage and family certificates
, residence, and voting cards. b) documents specific to
displacement, which are only provided to those affected by
displacement to proof identity and entitle the holder to access
special services. Cases where legal assistance is required to
obtain the above mentioned documentation are counted here.
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Administrative law The body of law that governs the activities of administrative
agencies of government. Cases of legal assistance provided to
individuals/groups to address special protection concerns or
obstacles to durable solutions that relate to the administrative
agency of government labour relations will be counted here.

Family law The area of the law that deals with family-related issues and
domestic relations. Cases of legal assistance provided to
individuals in order to solve family related problems that may
constitute protection concerns or obstacles to durable solutions
will be counted here.

Labour law Addresses the legal rights of, and restrictions on, working people
and their organisations. Cases of legal assistance provided to
individuals/groups to address special protection concerns or
obstacles to durable solutions that relate to labour relations will
be counted here.

Criminal law The system of, practices, and organisations, used by national
and local governments, directed at maintaining social control,
deter and controlling crime, and sanctioning those who violate
laws with criminal penalties. Cases of legal assistance provided
to individuals, who as victims or accused, are parties in criminal
proceedings that imply special protection concerns or obstacles
to durable solutions will be counted here.

CLOSED CASES We only count closed cases-legal assistance beneficiaries.

LEGAL ASSISTANCE Beneficiaries are only those who have received legal assistance
BENEFICIARIES from NRC, NOT their dependants or others affected by the
decision (i.e. indirect beneficiaries). A beneficiary could receive
legal assistance from NRC in more than one case.

In group cases, we will count every individual represented/named

in the group case. Again, their dependants will not be counted.

Beneficiary status is defined in the same way across the spread

sheet.

For instructions about the total # of SGBV beneficiaries

please refer to the beneficiary categories, point II 1.2 i.

CAVEAT
These definitions are for the purposes of the NRC Core Activity Database.
Additional information and analysis such as indirect beneficiaries, the nature
of unsuccessful cases, etc can be reported in the narrative text.
APPENDIX 2

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APPENDIX 3 – INDEX OF RESOURCES

1) General documents and webs site on displacement

Protecting Internally displaced persons: Manual for Law and Policymakers

The IDMC website: [Link]

The Feinstein International Center’s report, ‘Humanitarian Agenda 2015:

Final Report. The State of The Humanitarian Enterprise’,

IDMC/OCHA ‘Guidance on Profiling Internally Displaced Persons’

[Link]
website/[Link]/(httpPublications)/
507BAA5117F4E88BC12574B30047A13D?OpenDocument

Institute of Development Studies, UK; internet portal ID21 – development

research directed towards both practitioners and policy makers
[Link]

Consolidating the Profession: the Human Rights Field Officer: project of the
Human Rights Law Centre at Nottingham University [Link]
[Link]/[Link]?option=com_content&task=view&id=19&Item
id=35

The Humanitarian Policy Group

[Link]

InterAction is a coalition of over 160 U.S.-based INGOs

[Link]

2) International human rights instruments

UN Convention, declarations and principles: [Link]

• International Covenant on Economic, Social and Cultural Rights
(1966) (ICESCR), entered into force in 1976
• International Covenant on Civil and Political Rights (1966) (ICCPR),
entered into force in 1976;
• Convention and Protocols Related to the Status of Refugees (1951)
(Refugee Convention);
APPENDIX 3

• The Geneva Conventions (1949) and the Additional Protocols

(1977);
• International Convention on the Elimination of All Forms of Racial
Discrimination (1966) (CERD), entered in force 1969;

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• Convention on the Elimination of All Forms of Discrimination against

Women (1979) (CEDAW), entered into force in 1981;
• Convention on the Rights of the Child (1989), (CRC) entered into
force on 2 September 1990; and
• Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (1984), (CAT) entered into force in 1987.
• Universal Declaration of Human Rights, 1948 (UDHR)
• The Guiding Principles on Internal Displacement (1998) (Guiding
Principles);
• Principles on Housing and Property Restitution for Refugees and
Displaced Persons (2005) (Pinheiro Principles)

Regional human rights instruments and declarations

• Council of Europe [Link]/t/dghl/default_en.asp

• European Court of Human Rights, Conventions, Protocols and juris-

prudence [Link]/echr

Great Lakes Protocols

• Protocol on the Protection and Assistance to Internally Displaced

Persons

• Protocol on the Property Rights of Returning Persons

• Protocol on the Prevention and Suppression of Sexual Violence

against Women and Children

AfricanUnion
[Link]
offDecisions_&_Declarations.htm

Asian Centre for Human Rights (Information on human rights instruments in Asia)
[Link]

Charter of the Association of South East Asian Nations

South Asian Forum for Human Rights

[Link]

3) Access to justice

UNDP Practitioners Guide to a Human Rights Based Approach to Access

APPENDIX 3

to Justice

UNDP Access to Justice Practice Note

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UNDP Regional Centre in Bangkok - Resources on Access to Justice

[Link]

Commission on Legal Empowerment of the Poor. Making the law work for
everyone. Final report

4) Gender

Inter-Agency Standing Committee (IASC), ‘Women, Girls, Boys and Men

– Different Needs Equal Opportunities, Gender Handbook in Humanitarian
Action’

UNHCR Handbook for the protection of women and girls

UN Security Council resolution 1325

UNDG Declaration on the Elimination of Violence against Women, A/

RES/48/104

Pittaway, E., ‘Gendered dimensions of the 2004 tsunami and a potential

social work response in post-disaster situation’, International Social Work,
50(3), 307-319 at p 309 (not available in the CD-ROM)

IASC Guidelines for Gender-based Violence Interventions in Humanitarian

Settings

UNHCR Sexual and Gender-based Violence against refugees, returnees

and internally displaced persons: guidelines for prevention and response

Watchlist on Children in Armed Conflict, Checklist on IDP Children (check

the website of children in Armed conflict or google the document)

5) Durable solutions

UNHCR Framework for Durable Solutions for Refugees and Persons of

Concern

Brookings Institution When Displacement Ends: A Framework for Durable

Solutions

Brookings Institution Durable Solutions for IDPs in Protracted Situations:

APPENDIX 3

Three Case Studies

UNDG Guidance Note on Durable Solutions for Displaced Persons

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6) Protection

ALNAP, ‘Protection: an ALNAP Guide for Humanitarian Emergencies’

Handbook for the Protection of Internally Displaced Persons of Global

Protection Cluster Working Group

Refugee Protection in International Law

[Link]

7) Civil documentation

Asian Development Bank, Legal Identity for Inclusive Development

Uvin, P., Human Rights and Development, Kumarian Press, Bloomfield, USA,
2004 (not available in the CD-ROM)

8) Housing, land and property

Humanitarian Policy Group, ‘Uncharted Territory: Land, Conflict and Humani-

tarian Action, Meeting Report’

Report of the Special Rapporteur on adequate housing as a component of

the right to an adequate standard of living’, February 2007, United Nations
General Assembly document reference A/HRC/4/18

FAO Training Manual, Land Tenure Alternative Conflict Management

GTZ Land Management: A Practical Guide to Dealing with Land Disputes

Centre on Housing Rights and Evictions (COHRE)

COHRE, A Place to Live: Women’s Inheritance Rights in Africa

CAPRI, Land Rights for African Development

The United Nations Principles on Housing and Property Restitution for

Refugees and Displaced Persons (The Pinheiro Principles)

Handbook on Housing and Property Restitution for Refugees and Displaced

Persons: Implementing the Pinheiro Principles
APPENDIX 3

Global Land Tools Network

[Link]

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Norwegian NGO Coalition [Link]

[Link]

Oslo Governance Centre: land governance web site

[Link]

UNDP, Gender, Land Rights and Democratic Governance, Discussion

Paper 2

9) Information

UNDP, Right to information - Practical Guidance Note

L. Curran, ‘Ensuring Justice and Enhancing Human Rights: A Report on

Improving Legal Aid Service Delivery to Reach Vulnerable and Disadvan-
taged People’

Report of the Special Rapporteur, Mr Abid Hussain, pursuant to Commis-

sion on Human Rights resolution 1993/45

10) Legal assistance

Links of the website of over 100 legal aid services in Africa, Asia, Australia,
Europe, etc. [Link]

A practical guide to international treaty obligations in human rights, Southern

Africa Litigation Centre

UNDP, (E. Wojkowska) ‘Doing Justice: How informal justice systems can
contribute’, 2006

International Bar Association Code of Ethics

International Bar Association, ‘International Code of Ethics’ (1988)

Council of Bar and Law Societies of Europe, Code of Conduct for

European Lawyers, (1988)

The Southern Refugee Legal Aid Network, ‘The Nairobi Code: Model Rules
of Ethics for Legal Advisors in Refugee Cases’
APPENDIX 3

United Nations ‘Basic Principles on the Role of Lawyers’

United Nations ‘Basic Principles on the Independence of the Judiciary`

United Nations Code of Conduct for Law Enforcement Officials

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The American Bar Association, ‘Standards for the Provision of Civil Legal
Aid’ (2006)

11) Data protection

InterAction’s Working Group on Protection, ‘Data Collection in Humanitarian

Response: A Guide for Incorporating Protection’, 2005.

WHO consent form

UNICEF’s, ‘Ethical Guidelines: Principles for Ethical Reporting on Children

12) Capacity building

The Alliance For Non-Profit Management

[Link]

The FAO Capacity Building Portal, with a searchable documents database

[Link]

UNDP Capacity Development website

[Link]
age&s=capacity_development

Institutional Reform and Change Management: Managing Change in Public

Sector Organisations

Patronage or partnership: Local Capacity Building in Humanitarian Crises

13) Natural disasters

Hyogo Framework for Action 2005-2015, World Conference on Disaster

Reduction (2 February 2005) UN Doc. A/CONF.20/L.3/Rev.1, para 4

Human Rights and Natural Disasters: Operational Guidelines and Field

Manual on Human Rights Protection in Situations of Natural Disaster
Available

ALNAP, ‘Responding to earthquakes 2008 - Learning from earthquake relief

and recovery operations’,
APPENDIX 3

Future floods of refugees: A comment on climate change, conflict and

forced migration, NRC report

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Internal Displacement Monitoring Centre , ‘Displaced by disaster – a protec-

tion study’ [Link]

NRC position paper on climate change, the environment and the displace-
ment

Global Land Tool Network Post-disaster Land Guidelines

Brancati, D., ‘Political Aftershocks: the impact of earthquakes on intrastate

conflict’, Journal of Conflict Relations, vol 51(5), 2007 (not available in the
CD-ROM)

Hyogo Framework for Action 2005-2015, World Conference on Disaster

Reduction (2 February 2005) UN Doc. A/CONF.20/L.3/Rev.1,

IDLO Manual on International Law and Standards Applicable in Natural

Disaster Situations

14) Participation

UNHCR tool for participatory assessments in operations

ALNAP publication, Participation by Crisis-Affected Populations in Humani-

tarian Action: A Handbook for Practitioners

Brookings Institution Listening to the Voices of the Displaced: Lessons

Learned

15) Strategy and programming

The Use and Abuse of the Logical Framework Approach

NRC Strategic Management Toolkit

EC Project Cycle Guidelines

NORAD, The Logical Framework Approach (LFA): Handbook for Objectives-

Oriented Planning

UNDP Oslo Governance Centre, Democratic Governance Assessments

[Link]
APPENDIX 3

[Link]

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16) Evaluation

NRC Evaluation Handbook

SIDA, ‘Looking Back, Moving Forward - Sida Evaluation Manual’

Legal Aid Against the Odds

APPENDIX 3

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APPENDIX 4 – INDEX OF LINKS TO NRC DOCUMENTATION

Most of these are also available on NRC intranet.

Policy and Strategy

• NRC Policy Paper
• NRC Camp Management Policy
• NRC Shelter Policy
• NRC Education Policy
• NRC ICLA Policy
• NRC Emergency Food Security and Distribution Policy
• NRC Gender Policy
• NRC Protection Policy
• NRC Evaluation Policy
• NRC Position Paper – Climate Change
• Balance Score Card – Strategic Planning Tool
• Country Programme Strategies
• NRC Strategic Objectives 2007-2009
• NRC Strategy Map 2007-2009
• Strategic Partnership NRC/UNHCR
• Advocacy Strategy
• Human Resources Strategy

Key Programme Documents

• Security Instructions
• Camp Management Toolkit
• Advocacy Toolkit
• Evaluation Toolkit
• NRC Shelter Handbook
• NRC Education Handbook
• NRC Camp Management Handbook

Key Administrative Documents

• NRC Programmes Brochure
• NRC Code of Conduct for Staff
• Explanatory Notes to NRC’s Code of Conduct
• NRC Employment Guidelines for National Staff
• Roles and Responsibilities Recruitment
• HIV/AIDS Policy for Staff
• Start-Up Handbook
• Anti-Corruption Guidelines
• Financial Handbook
• NRC Budgeting Instructions 2009
APPENDIX 4

• Logistics Handbook
• Security Instructions and Crisis Management
• Exit Handbook

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• The Donor Handbook

• The Strategic Management Toolkit
• The Generic Resource Text for Proposals (Applications and Concept
Papers)

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APPENDIX 5 – SAMPLE DOCUMENTS FROM ICLA PROGRAMMES

(Note: this is internal NRC material except the samples of public reports. It
aims to provide ICLA practitioners with examples they can adapt to their own
context and needs. Do not disseminate these materials outside NRC)

1. Sample workplan 12 months – Nepal

2. Sample workplan - abridged Pakistan EQ version

3. Sample training ouline - Professional Responsibility for Lawyers

4. Sample staff guide on ICLA mandate

5. Sample review of civil documentation Sri Lanka

6. Sample MOU with local program partner-oPt

7. Sample Informed Consent Form – Verbal

8. Sample Informed Consent Form - communications materials

9. Sample Informed Consent Form – Children

10. Sample induction training agenda for junior lawyers etc – Nepal

11. Sample implementation partner contract (Georgia)

12. Sample ICLA target client slide

13. Sample ICLA registration update form – Nepal

14. Sample ICLA Office Manual Oct 2007 – Afghanistan

15. Sample ICLA newsletter – Nepal

16. Sample Court Referral Checklist

17. Sample Court Case Referral Guidelines

18. Sample client registration form - Uganda Sudan common form

APPENDIX 5

19. Sample client referral form

20. Sample case closing letter to client

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21. Research and recommendations on HLP issue (Georgia)

22. Relationship Formal & Informal Justice Systems in Afghanistan

23. Legal Assessment of HLP Ownership Rights and Property Law

related to Palestinians Refugees in Lebanon

24. EC Legal Aid Manual Nepal

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