OIM - Human Rights Due Diligence Policy Toolkit for IOM Activities de 2025

HUMAN RIGHTS DUE DILIGENCE POLICY TOOLKIT FOR IOM ACTIVITIESThe opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the International Organization for Migration (IOM). The designations employed and the presentation of material throughout the publication do not imply expression of any opinion whatsoever on the part of IOM concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants. This publication was made possible through support provided by the Migration Resource Allocation Committee (MiRAC).

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PUB2025/019/RHUMAN RIGHTS DUE

DILIGENCE POLICY TOOLKIT

FOR IOM ACTIVITIESCONTENTS ACKNOWLEDGEMENTS iii

LIST OF ACRONYMS iv

SUMMARY 1

WHO IS THIS GUIDANCE FOR? 1

HOW TO USE THE GUIDANCE 2

INTRODUCTION 3

IOM AND THE HUMAN RIGHTS OF MIGRANTS 4

HUMAN RIGHTS DUE DILIGENCE 5

KEY ELEMENTS OF THE HRDDP 6

IMPACT 7

ACTION 1

IDENTIFYING WHEN TO APPLY THE HRDDP 10

DEFINITIONS 11

ACTION 2

MEETING THE PRECONDITIONS FOR

SUPPORT TO SECURITY FORCES 15

CONDITIONS REGARDING

NATIONAL OWNERSHIP 15

CONDITIONS REGARDING

THE ENFORCEMENT OF THE DEATH PENALTY 15

CONDITIONS REGARDING

THE PURCHASE AND TRANSPORT OF WEAPONS 16

CONDITIONS REGARDING

THE ENHANCEMENT OF COMBAT CAPACITY 16

Box 1: Note on combat capacity 16

ACTION 3

ENGAGING WITH UNITED NATIONS

HRDDP MECHANISMS AT COUNTRY

LEVEL 17

CONDUCTING HUMAN RIGHTS DUE

DILIGENCE (HRDD) RISK ASSESMENTS 18

HRDD RISK ASSESSMENT 18

POTENTIAL RISKS AND RISK FACTORS 18

Box 2: Case study: Aleesha, IBG Project Manager 20

RISKS AND POTENTIAL ADVERSE OUTCOMES

POSED BY NON-PROVISION OF SUPPORT 20

ACTION 5

DEVELOPING HRDD MITIGATION

MEASURES 21

Box 3: Definition of mitigation measures 21 Box 4: Case study: Lea, Community Engagement Lead 22

RISKS AND POTENTIAL ADVERSE OUTCOMES

POSED BY NON-PROVISION OF SUPPORT 20

ACTION 5

DEVELOPING HRDD MITIGATION

MEASURES 21

Box 3: Definition of mitigation measures 21 Box 4: Case study: Lea, Community Engagement Lead 22

TYPES OF MITIGATION MEASURES 22

1. PROJECT-DESIGN BASED 23

2. COMMUNICATIONS AND AGREEMENT-BASED 23

3. STANDARD SETTING AND

CAPACITY-BUILDING BASED 23

4. MONITORING BASED 24

5. STANDARD OPERATING PROCEDURES BASED 24

6. SCREENING AND EXCLUSION-BASED 25

7. ACCOUNTABILITY-BASED 25

8. DATA CONTROL-BASED 25

Box 5: Note on visibility 26

ACTION 6

DUE DILIGENCE MONITORING 27

Box 6: Example of quantitative indicators 28

ACTION 7

INTERVENTION, SUSPENSION OR

CESSATION OF SUPPORT 29

Box 7: Example of internal procedures for intervention, suspension or cessation of support 30

RESOURCES 31

ACTION 4ACKNOWLEDGEMENTS iiiHuman Rights Due Diligence Policy T oolkit for IOM Activities This guidance was prepared by the Human Rights T eam in IOM. Specific acknowledgements are made to Sara Ferro Ribeiro, Alexander Smith and Tulika Gangopadhya Lundmark for the drafting and editing of this document. Additional thanks to Damien Thuriaux, Zeina Marwan Hinnawi, Sam Grundy, Maria Eulalia Figueras, Daniel Redondo, Alem Makonnen, Aleena Shafique, Mai Hattori, Catherine Hingley and many other colleagues from IOM’s Protection Division, Peace and Recovery Division, Immigration and Border Management Division and International Migration Law Unit for their insights, edits and support. Thank you as well to Alexander Loden at the Office of the High Commissioner for Human Rights (OHCHR) for his review and recommendations.

other colleagues from IOM’s Protection Division, Peace and Recovery Division, Immigration and Border Management Division and International Migration Law Unit for their insights, edits and support. Thank you as well to Alexander Loden at the Office of the High Commissioner for Human Rights (OHCHR) for his review and recommendations. We would also like to thank IOM colleagues from across all regional and country offices who are at the frontline in their commitment to conduct operations and deliver programmes in line with IOM’s objective to apply human rights due diligence effectively and systematically. Without their willingness to field test and fine tune this approach, this final version would not have been possible.COM GPRAF HRDD HRDDP IDP IOM MOU RBA SOP Chief of Mission General and Preliminary Risk Assessment Framework Human Rights Due Diligence Human Rights Due Diligence Policy Internally Displaced Person International Organization for Migration Memorandum of Understanding Rights-Based Approach Standard Operating Procedure LIST OF ACRONYMS iv Human Rights Due Diligence Policy T oolkit for IOM Activities1 IOM HRDDP TOOLKIT Guidance and T ools for Implementing Human Rights Due Diligence in IOM Activities SUMMARY HUMAN RIGHTS DUE DILIGENCE refers to the process of assessing the potential negative human rights impact of any activity, project or engagement, and identifying and implementing mitigating measures to minimize the identified risks.

WHO IS THIS

GUIDANCE FOR?

The IOM HRDDP T oolkit is geared primarily at project and programme management staff responsible for assessing the human rights risk of any relevant IOM project, programme, activity or engagement, and the regional thematic specialists and technical support staff at regional offices and Headquarters level responsible for endorsing and providing oversight of IOM projects. However, the guidance in this toolkit is also useful for any other staff, partner or donor that wishes to better understand the practical steps and theoretical concepts behind applying human rights due diligence to IOM’s work. In fragile and crisis-affected contexts with weak

endorsing and providing oversight of IOM projects. However, the guidance in this toolkit is also useful for any other staff, partner or donor that wishes to better understand the practical steps and theoretical concepts behind applying human rights due diligence to IOM’s work. In fragile and crisis-affected contexts with weak rule of law, the risk of human rights violations is heightened. IOM works in line with the Human Rights Due Diligence Policy on United Nations Support to Non-United Nations Security Forces (HRDDP). The HRDDP is a United Nations system-wide obligatory policy that applies whenever the United Nations is contemplating, or is engaged in, providing support to security forces that are not part of the United Nations system. When working in partnership with security actors, assessing the human rights risks of IOM’s engagement is of paramount importance. Specifically, IOM must assess, and prepare for, the possibility that the forces supported by the Organization may commit grave violations of human rights, international humanitarian and refugee law. The probability of such violations taking place within the scope of IOM activities can become a concrete human rights, reputational and institutional risk that negatively impacts the ability of all stakeholders to ensure the safety and security of the affected population, and their capacity to operate ethically and effectively. This IOM HRDDP T oolkit includes guidance and practical tools for IOM staff to understand and apply human rights due diligence, and the HRDDP specifically, to IOM support to non-United Nations security forces. Human Rights Due Diligence Policy T oolkit for IOM Activities2 IOM HRDDP TOOLKIT Guidance and T ools for Implementing Human Rights Due Diligence in IOM Activities HOW TO USE THE GUIDANCE The toolkit first introduces and explains the concept and objectives of human rights due diligence, and the human rights due diligence policy in particular. Subsequently, the practical sections of the guidance are shaped around 7 ACTIONS that need to be undertaken to fully apply the human rights due diligence process to projects and programmes:

HOW TO USE THE GUIDANCE The toolkit first introduces and explains the concept and objectives of human rights due diligence, and the human rights due diligence policy in particular. Subsequently, the practical sections of the guidance are shaped around 7 ACTIONS that need to be undertaken to fully apply the human rights due diligence process to projects and programmes: Identifying when to apply the HRDDP Meeting preconditions for support to security forces Engaging with United Nations HRDDP mechanisms at country level Conducting human rights risk assessments Developing mitigation measures Conducting due diligence monitoring Developing procedures for intervention and cessation of support The toolkit includes a series of resources containing practical tools to support staff in conducting human rights due diligence risk assessments and develop mitigation measures, as well as the policy and informational documentation that provide broader guidance towards implementation of HRDDP. For further guidance on any aspect of implementing HRDDP or interacting with human rights due diligence mechanisms, you can reach out to the dedicated Human Rights T eam at IOM Headquarters: hrd dp@iom.int.

ACTION 1

ACTION 2

ACTION 3

ACTION 4

ACTION 5

ACTION 6

ACTION 7

Human Rights Due Diligence Policy T oolkit for IOM Activities3 IOM HRDDP TOOLKIT Guidance and T ools for Implementing Human Rights Due Diligence in IOM Activities INTRODUCTION IOM’s role in supporting States to build national capacities in the governance of migration and the protection and assistance of migrants is a core element of its mandate and strategic vision. In operational terms, this often translates into the provision of funds, services and assistance to national and regional security forces that are not part of the United Nations system. Whether partnering with national border forces, detention centre guards, national police or military units, this engagement can be critical to ensuring the principle of humane and orderly migration and the protection of the human rights, dignity and well-being of migrants themselves. Nevertheless, engaging with non-United Nations security forces is not without risk. In particular, the possibility that the forces supported by IOM commit grave violations of human rights, international

principle of humane and orderly migration and the protection of the human rights, dignity and well-being of migrants themselves. Nevertheless, engaging with non-United Nations security forces is not without risk. In particular, the possibility that the forces supported by IOM commit grave violations of human rights, international humanitarian and refugee law is ever-present. In fragile and crisis-affected contexts with weak rule of law, the risk of human rights violations is heightened. The possibility of such violations taking place within the scope of IOM activities can become a concrete human rights, reputational and institutional risk that negatively impacts the Organization’s ability to ensure the protection, safety and security of the most vulnerable migrants and IOM’s capacity to operate in line with the Principles for humanitarian action, articulated to ensure neutrality, independence, humanity and impartiality in all our activities. In order to mitigate these risks, the HRDDP requires that IOM, when contemplating or involved in providing support to non-United Nations security forces, conduct “an assessment of the risks involved in providing or not providing such support, in particular the risk of the recipient entity committing grave violations of international humanitarian law, human rights law or refugee law” and, where such risks exist, implement mitigation measures to minimize the likelihood of those risks occurring. When mitigation measures are not effective, and grave violations occur and are not addressed by support recipients, IOM must intercede with the relevant authorities with a view to bringing those violations to an end. If, despite such intercession, the situation continues – and as a measure of last resort – IOM must suspend or withdraw its support to the security forces. This IOM HRDDP T oolkit is a practical companion guide to IN135/Instruction on IOM Implementation of the Human Rights Due Diligence Policy on United Nations Support to Non-United Nations Security Forces (HRDDP) (hereafter referred to as IN135/ IOM HRDDP Instruction), IOM’s own internal instruction notice on human rights due diligence

guide to IN135/Instruction on IOM Implementation of the Human Rights Due Diligence Policy on United Nations Support to Non-United Nations Security Forces (HRDDP) (hereafter referred to as IN135/ IOM HRDDP Instruction), IOM’s own internal instruction notice on human rights due diligence in relation to the security sector. The objective of the toolkit is to deliver practical guidance to IOM staff towards an enhanced understanding of human rights due diligence and its application, and to provide step-by-step instructions on how to carry out human rights due diligence risk assessments and develop mitigation for projects engaging with non-United Nations security forces. Human rights due diligence policy on United Nations support to non-United Nations security forces (HRDDP or Policy) Inter-agency human rights due diligence policy guidance note Human Rights Due Diligence Policy T oolkit for IOM Activities4 IOM HRDDP TOOLKIT Guidance and T ools for Implementing Human Rights Due Diligence in IOM Activities IOM AND THE HUMAN RIGHTS OF MIGRANTS 1 See IOM Constitution of 19 October 1953 in the Preamble on how due regard must be paid “to the specific situation and needs of the migrant as an individual human being” and the “need to promote the cooperation of States and international organizations with a view to facilitating the emigration of persons who desire to migrate to countries where they may achieve self-dependence through their employment and live with their families in dignity and self-respect”. 2 See IC/2007/3; See Council Resolution No. 923 (LXXI) of 29 November 1995 on “Future activities of IOM” and Resolution No. 908 (LXIX) of 30 November 1994 on “Role of IOM with regard to trafficking in migrants and the safeguarding of migrants rights”; IOM, Migrants’ Rights: IOM policy and activities, 13 November 2002, MC/INF/259; Protection of persons involved in migration: Note on IOM’s role (IC/2007/3) of 18 April 2007; The Council document entitled “The human rights

migrants rights”; IOM, Migrants’ Rights: IOM policy and activities, 13 November 2002, MC/INF/259; Protection of persons involved in migration: Note on IOM’s role (IC/2007/3) of 18 April 2007; The Council document entitled “The human rights of migrants – IOM policy and activities” (MC/INF/298 of 12 November 2009). 3 See IOM, Migrants’ rights: IOM policy and activities, 13 November 2002, MC/INF/259. 4 IOM, The Human rights of migrants: IOM policy and activities, 12 November 2009, MC/INF/298. 5 C/106/40. 6 United Nations General Assembly, Agreement concerning the relationship between the United Nations and the International Organization for Migration, 25 July 2016, United Nations Doc. A/RES/70/296, Article 2. 7 See IOM’s Strategic vision (201 9–2023). See also the United Nations Agenda for protection 2024 in which IOM pledges to ensure that people are protected through the enjoyment of their human rights. Such commitment is realized by working with those responsible for protection to prevent human rights violations and to respond promptly and effectively when violations occur, as in line with IOM’s approach to protection. IOM is mandated by its Constitution 1 and the key policy documents adopted by its Member States to contribute to the protection of migrants, and since IOM’s inception, the recognition of human rights of migrants and the need to protect them has been articulated in several of its constituent documents. 2 IOM’s 2002 Council document on the human rights of migrants recognized IOM’s responsibility “to ensure that when providing assistance to migrants, its activities must obtain full respect for the rights of the individual, its activities must be non-discriminatory and must not diminish the human rights of others”. 3 Other Council documents have also acknowledged the key supporting role IOM plays in “achieving the effective respect of the human rights of migrants”, 4 and

full respect for the rights of the individual, its activities must be non-discriminatory and must not diminish the human rights of others”. 3 Other Council documents have also acknowledged the key supporting role IOM plays in “achieving the effective respect of the human rights of migrants”, 4 and the 2015 IOM Migration Governance Framework (MiGOF), endorsed by Member States through Council Resolution 1310, states in Principle 1 that IOM must “Adhere to international standards and fulfillment of migrants’ rights.” 5 As a related agency of the United Nations since 2016, IOM has committed to “conduct its activities in accordance with the Purposes and Principles of the Charter of the United Nations” and to give due regard “to other relevant instruments in the international migration, refugee and human rights fields”. 6 Since then, the Organization has taken significant steps in strengthening its role and work in protection and in the fulfilment of rights of migrants, including displaced persons and their communities. This progress has been hastened by the adoption of the Global Compact for Safe, Orderly and Regular Migration in 2018, and IOM’s role in the follow up of the Global Compact for Migration as the coordinator of the United Nations Network on Migration, as well as the development of IOM’s institutional approach to protection, which places the rights and well-being of migrants including internally displaced persons (IDPs) at the core of IOM’s operations. Human rights due diligence is a critical component of IOM’s commitment under international frameworks, its responsibility to safeguard migrant rights and dedication to promoting a more just, equitable and people-first migration landscape. By systematically assessing the potential human rights impacts of its interventions, IOM ensures that its operations do not contribute to or exacerbate human rights violations. Human rights due diligence is therefore aligned with the Organization’s application of a rights-based approach (RBA) across its programming. Being guided by RBA allows IOM to uphold its mandate

interventions, IOM ensures that its operations do not contribute to or exacerbate human rights violations. Human rights due diligence is therefore aligned with the Organization’s application of a rights-based approach (RBA) across its programming. Being guided by RBA allows IOM to uphold its mandate and support States in fulfilling their responsibilities to reduce the protection risks and address the needs of those in vulnerable situations. Such responsibility flows from IOM’s commitments to the United Nations Charter and to uphold human rights for all.7 Human Rights Due Diligence Policy T oolkit for IOM Activities5 IOM HRDDP TOOLKIT Guidance and T ools for Implementing Human Rights Due Diligence in IOM Activities HUMAN RIGHTS DUE DILIGENCE Human rights due diligence refers to the systematic process of identifying and assessing both the potential and actual negative human rights impact of any activity, project or engagement, and developing and implementing mitigation measures to minimize the identified risks where possible. By undertaking human rights due diligence, organizations recognize that even when the objectives of their engagement are explicitly transformative in terms of human rights, the processes, partners, supply chains, and activities leveraged to achieve these objectives may have unintended negative consequences on the human rights of individuals and communities, if the human rights risk of all aspects of engagement have not been assessed. Human rights due diligence processes are central to a range of international and regional frameworks: For example, the United Nations guiding principles on business and human rights emphasize the role of human rights due diligence as a central aspect of corporate responsibility and ethical business practice, exhorting companies to identify, prevent and mitigate the adverse human rights impacts of their operations and supply chains. The model approach to environmental and social standards , in turn, recommends that United Nations entities design and implement their programming “in a manner that supports universal respect for, and observance of, human rights and fundamental freedoms for all”, to ensure that “development and humanitarian actors are held to the principles they proclaim and that

to environmental and social standards , in turn, recommends that United Nations entities design and implement their programming “in a manner that supports universal respect for, and observance of, human rights and fundamental freedoms for all”, to ensure that “development and humanitarian actors are held to the principles they proclaim and that interventions do not result in inadvertent harm to people and the environment”. The guidance and tools in this toolkit are primarily concerned with supporting IOM implementation of the Human Rights Due Diligence Policy on United Nations Support to Non-United Nations Security Forces (HRDDP), which specifically sets out the measures required to assess the human rights risk of support provided by United Nations entities to non-United Nations security forces. However, the key human rights due diligence elements expressed throughout this toolkit are relevant to a range of human rights due diligence processes not specifically in relation to non-United Nations security forces. The HRDDP applies human rights due diligence principles specifically to the United Nations system’s engagement with and provision of support to security forces that are not part of the United Nations. In particular, the HRDDP states that: “ Support by United Nations entities to non-United Nations security forces must be consistent with the Organization’s purposes and principles as set out in the Charter of the United Nations and with its obligations under international law to respect, promote and encourage respect for international humanitarian, human rights and refugee law. Such support should help recipients to attain a stage where compliance with these principles and bodies of law becomes the norm, ensured by the rule of law. Consistent with these obligations, United Nations support cannot be provided where there are substantial grounds for believing there is a real risk of the receiving entities committing grave violations of international humanitarian, human rights or refugee law and where the relevant authorities fail to take the necessary corrective or mitigation measures. For the same reasons, if the United Nations receives reliable information that provides substantial grounds to

there is a real risk of the receiving entities committing grave violations of international humanitarian, human rights or refugee law and where the relevant authorities fail to take the necessary corrective or mitigation measures. For the same reasons, if the United Nations receives reliable information that provides substantial grounds to believe that a recipient of United Nations support is committing grave violations of international humanitarian, human rights or refugee law, the United Nations entity providing such support must intercede with the relevant authorities with a view to bringing those violations to an end. If, despite such intercession, the situation persists, the United Nations must suspend support to the offending elements.

Source: HRDDP, para 1.

Human Rights Due Diligence Policy T oolkit for IOM Activities6 IOM HRDDP TOOLKIT Guidance and T ools for Implementing Human Rights Due Diligence in IOM Activities KEY ELEMENTS OF THE HRDDP The HRDDP, as well as being a policy, is a tool that can help IOM prevent and mitigate the risk of human rights violations being committed by its support recipients. The key elements of the HRDDP include: Transparent engagement with governments and specific units about the Policy and the conditions of support is important. Where possible, recipients of support should be aware that IOM will continuously assess their forces’ activities with regards to human rights, international humanitarian and refugee law compliance and that continuance of the support depends on the outcomes of the ongoing assessment. In contexts where human rights due diligence is applied at the inter-agency level, communication with recipients of support is usually carried out by the most senior United Nations Official in country. Before engagement, IOM must conduct an assessment of the potential risks and benefits involved in providing support. This assessment should consider the overall context with regards to human rights, the recipients’ enforcement of the death penalty, the human rights record of the recipients of support, their effectiveness in taking measures to hold perpetrators accountable, and any normative or operational guidance in place to prevent and respond to human rights violations, among other

in providing support. This assessment should consider the overall context with regards to human rights, the recipients’ enforcement of the death penalty, the human rights record of the recipients of support, their effectiveness in taking measures to hold perpetrators accountable, and any normative or operational guidance in place to prevent and respond to human rights violations, among other factors (see more details below). Assessing the risk of not providing support is also key. As a result of the risk assessment, mitigation measures should be identified and put in place as preventative or corrective actions to minimize the impact of the human rights risks identified. Mitigation measures are central to the HRDDP as an instrument to enable continued support in volatile environments and to protect and promote human rights. It is important to note that mitigation measures should therefore be integral components of project design and delivery and budgeted for accordingly. IOM must monitor the human rights risks and conduct of the forces that received its support, as well as the effectiveness of its mitigation. Additionally, IOM must establish internal procedures to ensure monitoring is continuous and effective. Procedures for intervention must be in place where there is a risk of grave violations that might warrant the suspension and/or withdrawal of IOM support. The commission of “grave violations” does not automatically lead to suspension or withdrawal of support. It triggers a responsibility for IOM to engage with recipients and national authorities and to take corrective measures and mitigate risks. Suspension and withdrawal are clearly defined as last resort options when recipient entities, despite intercession by IOM, continue to engage in the commission of grave violations of international humanitarian, human rights or refugee law.

COMMUNICATION

RISK ASSESSMENTS

MITIGATION MEASURES

DUE DILIGENCE MONITORING PROCEDURES FOR INTERVENTION Human Rights Due Diligence Policy T oolkit for IOM Activities7 IOM HRDDP TOOLKIT Guidance and T ools for Implementing Human Rights Due Diligence in IOM Activities IMPACT The consequences of supporting actors or institutions that commit grave violations against individuals and communities are clear. The commission of grave violations can often result in widespread loss of life and cause both immediate and long-lasting physical

IMPACT The consequences of supporting actors or institutions that commit grave violations against individuals and communities are clear. The commission of grave violations can often result in widespread loss of life and cause both immediate and long-lasting physical and psychological harm to survivors. This can include injuries, disease and infection, shock, post-traumatic stress and depression. Survivors and witnesses can also suffer from economic and social harms, impacting their resilience, quality of life, livelihood prospects and trust in their communities and institutions, effects that are compounded when violations have occurred in fragile and conflict-affected contexts, situations of displacement, detentio