PART 2.1 its Refugee Protocol. These two instruments also detail the human rights guarantees to be provided to refugees – including property, civil, labour and welfare rights.95 Trafficking within the borders of one country shares many common features with internal displacement, and it has been argued that individuals who have been internally trafficked should be regarded as IDPs.96 The introduction to the Guiding Principles on Internal Displacement97 defines IDPs as “persons or groups of persons who have been forced or obliged to flee or leave their homes or places of habitual residence … and who have not crossed an … [international] border.” The Handbook for applying the Guiding Principles confirms that “the distinctive feature of internal displacement is coerced or involuntary movement that takes place within national borders. The reasons for flight may vary and include armed conflict, situations of generalized violence, violations of human rights, and natural or human-made disasters.”98 The elements of For a comprehensive analysis of the rights of refugees, see James Hathaway, The Rights of Refugees under International Law (2005) [Hereinafter: Hathaway, The Rights of Refugees…]. 95 Susan Martin, “Internal trafficking”, Forced Migration Review, No. 25 (May 2006), p. 12. 96 Guiding Principles on Internal Displacement (E/ CN.4/1998/53/Add.2, annex). The Guiding Principles, which “are based upon existing international humanitarian law and human rights instruments”, were developed to: “serve as an international standard to guide governments as well as international humanitarian and development agencies in providing assistance and protection to IDPs”: Statement by the Under-Secretary-General for Humanitarian Affairs, Sergio Vieira de Mello in Walter Kälin, Guiding Principles on Internal Displacement: Annotations (American Society of International Law and Brookings Institution Project on Internal Displacement, 2000). 97 Brookings Institution Project on Internal Displacement and the United Nations Office for the Coordination of Humanitarian Affairs, Handbook for Applying the Guiding Principles on Internal Displacement (1999) [Hereinafter: IDP Handbook]. 98 70 coercion and involuntary movement fall within the definition of trafficking and it is widely accepted that conflict, disaster and violation of human rights all increase the vulnerability of individuals and groups to trafficking and related forms of exploitation. The Guiding Principles on Internal Displacement identify the rights and guarantees relevant to the protection of persons who have become internally displaced. They are grounded in and consistent with international human rights law. Guiding Principle 1 provides that IDPs shall enjoy “in full equality, the same rights and freedoms” as other persons in the country and shall not be discriminated against in the enjoyment of their rights because of their displaced status. The Guiding Principles set out a detailed range of measures that are required to protect, support and assist those who have been internally displaced, including through trafficking. Of particular importance are the principles relating to longer-term solutions to displacement, including return, resettlement and local integration.99 Note that the special needs of IDP women and girls are recognized in the Guiding Principles and elsewhere.100 99 For more on the Guiding Principles on Internal Displacement, see the IDP Handbook, and Walter Kälin, “The guiding principles on internal displacement as international minimum standard and protection tool”, Refugee Survey Quarterly, vol. 24, No. 3 (2005), p. 27. See, for example, Principle 4 (non-discrimination; protection and assistance to take account of the special needs of certain IDPs including unaccompanied minors, mothers and female heads of household); Principles 7 and 18 (involvement of affected women in planning and decision-making about their relocation as well as the distribution of supplies); Principle 11 (protection against gender-based violence); Principle 19 (special attention to the health needs of IDP women); and Principle 23 (involvement of IDP women and girls in education programmes). The Beijing Declaration and Platform for Action, para. 58 (l), calls on Governments to “ensure that internally displaced women have full access to economic opportunities and that the qualifications and skills of refugee women are recognized”. 100 RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING

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