A/HRC/38/39
the national level and elevate them to the supranational level. 12 They can provide a common
reference for situations such as conflict, violence or disasters that may not be confined to a
single country. If effectively implemented, they may not only be used to protect internally
displaced persons in one country, but can help to create the conditions for regional stability
and the fostering of collaboration. The Special Rapporteur has continued to engage with
regional bodies to encourage them to develop regional frameworks and strengthen their
ability to support and monitor States affected by internal displacement.
53.
The Special Rapporteur highlights the example and leadership provided by the
African Union of attention paid to internal displacement at the regional level, resulting in
the adoption of the Kampala Convention in 2009 and its entry into force in December 2012.
The Convention was inspired and informed by the Guiding Principles and as of March 2018
had been ratified by 27 African States, with 40 out of 55 having signed it. The Special
Rapporteur will continue to engage closely with the African Union to benefit from its
experiences relating to internal displacement, encourage ratification of the Kampala
Convention by States which have not yet done so and support its implementation. The
convening of the inaugural conference of States parties to the Convention in Harare in 2017
was a further important step in that regard, which resulted in the establishment of a Bureau
of States parties and the adoption of an action plan to support the implementation of the
Convention. In early 2018, the African Union also adopted a model law on internal
displacement. The Special Rapporteur also recognizes the importance of the mandate of the
Special Rapporteur on refugees, asylum seekers and internally displaced persons,
established by the African Commission on Human and Peoples’ Rights in 2004.
54.
Despite lacking specific binding regional standards, other regional human rights
bodies are nevertheless taking active measures to address internal displacement. For
example, recognizing the ongoing internal displacement in its member States, the
Committee of Ministers of the Council of Europe adopted recommendation CM/Rec
(2006)6, in which it agreed on a set of 13 recommendations regarding internally displaced
persons, building on the Guiding Principles and underlining the binding obligations
undertaken by member States of the Council. In the context of its response to the crisis in
Ukraine, the Council produced a publication entitled Protecting Internally Displaced
Persons under the European Convention on Human Rights and Other Council of Europe
Standards: a Handbook, which offers important guidance on the rights of internally
displaced persons and State obligations under Council of Europe and international
standards.
55.
In addition, OSCE has recognized the Guiding Principles as a useful framework for
its work and the endeavours of participating States in dealing with internal displacement,
including in its general provisions on internally displaced persons. 13 OSCE has actively
encouraged compliance with the Guiding Principles by its member States, frequently citing
them, including in the context of its work in Azerbaijan, Bosnia and Herzegovina, Georgia
and Ukraine.
56.
The Organization of American States has also called upon its members to develop
legislation and national policies on internal displacement in line with international
standards.14 In 2012, to respond better to the multiple challenges of human mobility in the
region, the Inter-American Commission on Human Rights amended the mandate of the
Rapporteur on migrant workers and members of their families, established in 1996,
renaming it as the Rapporteur on the rights of migrants and including in the mandate the
requirement that specific attention be paid to internally displaced persons.
12
13
14
See UNHCR and the Internal Displacement Monitoring Centre, “Regulatory frameworks on internal
displacement: global, regional and national developments”, available at www.internaldisplacement.org/assets/publications/2016/UNHCR-GPC-Reg-Framework-IDP.pdf.
See http://bit.ly/2u318LL.
See resolution 2667 (XLI-O/11), 7 June 2011, available at www.oas.org/dil/esp/AG-RES_2667_XLIO-11_esp.pdf.
13
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