A/HRC/10/13
page 24
(b) The large number of people who remain in situations of protracted
displacement;
(c) The frequent difficulties in facilitating durable solutions for internally displaced
persons, which leave them in situations of deprivation, marginalization and poverty, in
violation of their civil, cultural, economic, political and social rights;
(d) The failure, in certain countries, of the political will or capacity to respond
effectively to situations of displacement and to provide displaced persons with the
necessary protection and assistance;
(e) The increasing obstacles humanitarian agencies and organizations face in
gaining access to IDPs, owing to restrictions imposed by Governments, as well as insecurity
and even targeted attacks against humanitarian personnel, their supplies and means of
transport;
(f) The widespread impunity, in certain contexts, for acts of displacement
amounting to crimes against humanity and war crimes, and the continued commission of
such crimes against displaced persons;
(g) The difficulties that international and local stakeholders face, in certain
countries, in effectively coordinating their activities and obtaining the funds necessary to be
reasonably effective.
94. Against this backdrop, the Representative recalls that in accordance with their
obligations under international law, States have the primary duty and responsibility to
prevent internal displacement, to protect and assist the displaced, and to provide them with
durable solutions once the causes of displacement have ended. He calls on Member States
to:
(a) Reaffirm their commitment to the Guiding Principles, to create national and
regional frameworks based on the Guiding Principles, and to develop the capacity and,
perhaps most importantly, the political will to implement them in practice;
(b) Draft national legislation and policies consistent with the Guiding Principles or
to revisit existing norms to ensure that the needs of displaced persons receive an
appropriate response, that institutional responsibilities are specified at all levels, and that
the necessary capacities and resources to implement these responsibilities are made
available;
(c) Scrupulously respect their obligations under international human rights law,
international humanitarian law and international criminal law, to refrain from any acts
against internally displaced persons amounting to violations of these obligations, and to
protect the displaced against violations of their rights by third parties;
(d) Investigate, prosecute and punish crimes against humanity and war crimes
causing internal displacement or committed against those who have been displaced;
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