A/HRC/40/26
I. Introduction
1.
In its decision 35/101 of 22 June 2017, the Human Rights Council, disturbed by the
alarming scale, complexity and protracted nature of internal displacements throughout the
world, and noting that 2018 would mark the twentieth anniversary of the Guiding Principles
on Internal Displacement, decided to convene a panel discussion on the human rights of
internally displaced persons in commemoration of the twentieth anniversary of the Guiding
Principles, with a particular focus on their application and on achievements, best practices
and challenges in that regard, as well as on recommendations to meet those challenges.
2.
The panel discussion was chaired by the President of the Human Rights Council,
Vojislav Šuc, and moderated by the Special Rapporteur on the human rights of internally
displaced persons, Cecilia Jimenez-Damary. The Director of the Human Rights Council and
Treaty Mechanisms Division of the Office of the United Nations High Commissioner for
Human Rights (OHCHR), Adam Abdelmoula, and the Assistant High Commissioner for
Protection of the Office of the United Nations High Commissioner for Refugees (UNHCR),
Volker Türk, gave opening statements. The Federal Minister for Europe, Integration and
Foreign Affairs of Austria, Karin Kneissl, was excused. The panellists were the
Commissioner and Special Rapporteur on refugees, asylum seekers, migrants and internally
displaced persons of the African Commission on Human and Peoples’ Rights, Maya Sahli
Fadel, the Undersecretary for Human Rights of Honduras, Alba Marcela Castañeda, and the
Ambassador Extraordinary and Plenipotentiary and Permanent Representative of Fiji to the
United Nations Office at Geneva, Nazhat Shameem Khan.
3.
During the ensuing discussion, contributions were made by representatives of 23
States and the European Union, 1 international organization, the Global Alliance of
National Human Rights Institutions and 5 non-governmental organizations (NGOs).
II. Summary of the opening statements
4.
In his opening statement, the Director of the Human Rights Council and Treaty
Mechanisms Division of OHCHR stressed that human rights were critical to a shared
understanding of the complex drivers of internal displacement. While the impact of
displacement was indiscriminate, people already in vulnerable situations were at the
greatest risk of being displaced and of suffering additional harm as a result. He noted that
the Guiding Principles, which reflected and were consistent with international human rights
law, remained the standard for the protection of internally displaced persons and that as
citizens, those displaced, irrespective of the causes of displacement, were entitled to call on
the duty of care of their Government, without exception or discrimination.
5.
The Director highlighted links between internal displacement and cross-border
movement, indicating that the two frequently shared common drivers and that internally
displaced persons should therefore be considered part of the bigger migration challenge.
Further analysis of the links between violations of economic, social, cultural, civil and
political rights and migration was needed. He insisted on the need to address the factors that
propelled people to move to safeguard their rights and dignity and to respond appropriately
to the consequences of such displacement.
6.
He also emphasized that internally displaced persons were usually among the
poorest of the poor and that women and children were often disproportionately affected by
internal displacement. Marginalization could be extensive, with internally displaced persons
often unable to exercise their economic, social, cultural, civil and political rights. Because
of their frequent inability to exercise those rights, durable solutions to displacement
remained elusive, as demonstrated by the growing number of people living in situations of
protracted displacement. Some internally displaced persons could move to neighbouring
countries and become refugees or migrants in vulnerable situations. Keeping the promise to
leave no one behind, a core tenet of the 2030 Agenda for Sustainable Development,
required addressing the patterns of exclusion and unequal power relations often affecting
internally displaced persons. Addressing those patterns required, in turn, supporting legal,
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