A/HRC/10/13
page 10
(in terms of both funding and human capacity) provided for protection activities have often been
inadequate, preventing the systematic development of protection programmes that could
otherwise effectively prevent human rights violations in this context.
28. The Representative welcomes and supports the efforts of the International Law
Commission (ILC), which at its fifty-ninth session in 2007 decided to include the
“Protection of persons in the event of disasters” in its programme of work and appointed
Eduardo Valencia-Ospina as the Special Rapporteur on the subject. Without prejudice to the
future outcome of his work, the efforts of the ILC to progressively develop and restate provisions
of international law23 relevant to disaster prevention and relief assistance, as well as to the
protection of persons in the event of disasters is most timely. The Representative stands ready to
cooperate with the Rapporteur and the ILC in order to ensure the complementarity of their efforts
and to build on recent progress in the field of human rights.
29. Through the provision and leadership of a natural disasters focal point for the cluster, the
Representative will continue participation in the disaster-related activities of the IASC global
Protection Cluster Working Group (PCWG), in order to mainstream human rights protection in
the context of natural disaster and to strengthen existing response mechanisms. He will also
continue close collaboration with OHCHR in its work on climate change and human rights, as
well as other initiatives such as the secretariat of the International Strategy for Disaster
Reduction.
C. Human rights and the relationship between internal displacement
and peace processes, peace agreements and peacebuilding
30. Resolving internal displacement is inextricably and unavoidably linked with the
achievement of lasting peace. So long as insecurity remains, lost property is not restored or
compensated for, or basic conditions for sustainable solutions are not in place, durable solutions
simply cannot be achieved. Similarly, displacement situations may become protracted despite the
conclusion of a peace agreement, if it is ill-conceived or poorly implemented. Likewise,
premature or inadequate return and reintegration programmes may destabilize whatever “peace”
has been achieved, and therefore threaten other peacebuilding efforts.
31. Peacebuilding processes are multifaceted. They involve re-establishing law and order;
reconstruction and economic rehabilitation; reconciliation; and political transition. The way in
which IDPs are included in and benefit from these processes may ultimately affect the success of
peacebuilding initiatives. If the situation in their communities of origin is not perceived as safe,
IDPs will be reluctant to return. If reconstruction and economic rehabilitation are insufficient for
the displaced to resume an appreciable livelihood and to restart a normal life, return even if
desired will not be sustainable. The resulting tensions can foster intercommunal violence and
place a strain on the peace process. If IDPs cannot exercise their political rights and are
prevented from voting, new political realities could be “democratically” legitimized without their
23
See Article 13, paragraph 1 (a), Charter of the United Nations, providing the basis for the
mandate of the International Law Commission.
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