Organisation Internationale de Droit du Développement

75th Session of the Executive Committee of the High Commissioners Programme

Statement by the International Development Law Organization (IDLO), delivered by IDLO Permanent Observer to the United Nations in Geneva, Mark Cassayre

General Debate
17 October 2024
 

Thank you, Chairperson.

I am pleased to take the floor on behalf of the International Development Law Organization (IDLO), the only global intergovernmental organization dedicated exclusively to promoting the rule of law for peace and sustainable development.

Let me first thank the High Commissioner for his exemplary engagement and commitment to improving the lives of those most in need.

From IDLO’s perspective, addressing both the root causes and the consequences of displacement and statelessness requires a stronger investment in the rule of law at the national and global levels.

For over 40 years, IDLO has worked to promote the rule of law, enhance access to justice and improve governance. We have done so by supporting governments in adopting fair laws, strengthening institutions to be more inclusive and transparent and empowering people to access them.

Drawing from this experience, allow me to offer a few insights on how rule of law approaches can make progress in key areas affecting displaced and stateless persons.

First, clear and equitable laws and policies, grounded in the principles of fairness and non-discrimination, provide the foundation for protecting vulnerable populations.

Eliminating discriminatory laws is critical to this goal.

IDLO has conducted legal assessments in Kenya, Mali, the Philippines, and Sierra Leone, to identify discriminatory laws and facilitate legal reforms through multi-stakeholder dialogues and capacity-building initiatives.

These efforts can uncover gaps in gender and nationality laws, both drivers of statelessness, and highlight barriers that prevent displaced people from obtaining essential documents or services.

Second, access to justice is crucial for those in vulnerable situations.

Where formal legal institutions are inaccessible or weak, customary and informal justice systems often serve as the primary recourse for refugees and stateless people. It is important to engage with these systems to ensure respect for human rights.

At IDLO, we work to link these informal systems with formal justice institutions, providing capacity building and other forms of support to enhance their effectiveness.

Moreover, the rule of law can address the unique challenges women and girls face in accessing justice and protection in situations of displacement.

IDLO’s research on survivor-centred justice for gender-based violence has shown that women’s vulnerability to violence is exacerbated in complex contexts, such as conflict and the climate crisis.

70% of women in humanitarian or crisis settings experience gender-based violence (GBV), far exceeding the global average of 30%.

A survivor-centered approach is key to ensuring these women do not withdraw their cases and receive effective protection and remedy. In 2022, IDLO supported the launch of Kenya's first-ever Sexual and Gender-Based Violence (SGBV) Court with specially trained prosecutors and support staff dedicated to addressing the needs of survivors with compassion and expertise.

Third, the rule of law can help countries navigate the challenges posed by climate crisis, a key driver of conflict and displacement.

Translating international environmental commitments into national reforms in the land, environment, and natural resources sectors ensures that mitigation and adaptation efforts are inclusive and fair.

By empowering people to claim their rights and strengthening justice systems to provide fair dispute resolution, these efforts can effectively address climate-related cases, aligning with environmental law and international human rights standards.

In Kenya, for instance, IDLO has contributed to the development of county-level climate actions through inclusive processes that put people at the centre of responses and help communities resolve land disputes in arid and semi-arid lands.

Additionally, IDLO has been conducting gender assessments of climate and environmental legal frameworks in Burkina Faso and the Philippines, offering recommendations in key areas, including those affecting displaced persons.

Finally, placing people at the center of multilateral and coordinated action matters. When we leverage the comparative advantages and unique expertise of each stakeholder, we can uphold human dignity and protect the rights of forcibly displaced and stateless persons.

DLO is pleased to have fulfilled all four pledges made at the 2018 Global Refugee Forum, with a focus on enhancing access to justice for displaced populations and strengthening national institutions.

IDLO is now implementing our pledges made at the 2022 Global Refugee Forum. These include providing legal assistance and empowerment for refugees and displaced persons in Uganda, and the development of legal and policy frameworks to address climate impacts in Kenya.

Furthermore, IDLO remains committed to the cause of ending statelessness as a partner in the Global Alliance to End Statelessness.

IDLO stands ready to collaborate with states and partners to strengthen legal frameworks that prevent displacement, protect the rights of displaced and stateless populations, and ensure access to justice for all, while steadfastly promoting the rule of law.