A/HRC/10/13
page 11
participation, thus increasing feelings of marginalization. Finally, reconciliation can only truly
and meaningfully be achieved if restitution of property or compensation for losses is
comprehensively addressed.
32. Throughout his various missions, the Representative has observed that four universal
elements must be resolved to enable the internally displaced to restart a normal life and to
contribute to the reconstruction of a country emerging from conflict:
• Return must be voluntary and based upon an informed decision, without coercion of any
kind. Internally displaced persons enjoy the freedom of movement and right to choose
their place of residence. This means that they are entitled to a meaningful choice of
whether they want to return, integrate locally where they were displaced to, or resettle in
another part of the country.
• The safety of returnees or relocated persons must be ensured. They must be protected
from attacks, harassment, intimidation, persecution, or any other form of punitive action
upon return to their home community or integration in a new community. They must
also be protected from the danger of landmines and unexploded remnants of war.
• Property must be returned to the displaced and their houses reconstructed. At a
minimum, IDPs should have access to mechanisms for property restitution and
compensation, as well as to other transitional justice mechanisms.
• An environment must be created that can sustain return or local integration through
access, without discrimination, to basic public services, to legal and personal
documentation, and to livelihoods or income-generating opportunities.
33. The Representative notes that peace processes are not linear. Activities that address these
four critical elements should, as much as possible, take place concurrently. Early recovery
activities should commence as soon as the situation has stabilized. These activities should
support IDPs in resuming a normal life either at the place of refuge, when they return or when
they resettle in another part of the country. If they cannot return to a normal life, they are
unlikely ever to achieve a sustainable and durable solution. Furthermore these activities must be
tailored to the specific needs of returnees and the communities that receive them.
34. The larger policy issue of the relationship between the prevention and resolution of internal
displacement and the process of creating a lasting peace is actively being discussed in various
forums. Key insights have been provided through the United Nations Peacebuilding
Commission,24 and further developments will be presented next year in the report of the
Secretary-General on peacebuilding and early recovery.
24
Peacebuilding Commission, Working Group on Lessons Learned, concept note “Comparative
lessons from addressing internal displacement in peacebuilding”, 13 March 2008.
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