A/HRC/38/39
B.
Increased use of the Guiding Principles on Internal Displacement by
the United Nations system
66.
The United Nations system has an important role to play in promoting and
advocating for the implementation of all international human rights law and standards,
including the Guiding Principles. While they do not constitute treaty or hard law, they are
nevertheless universally recognized as the core international standard on internal
displacement, based on international human rights and humanitarian law, and consequently
should be proactively promoted by the United Nations system. 18 Indeed, as a standard that
encompasses human rights, humanitarian and development concerns and actors, there is a
unique opportunity for the United Nations system to speak with one voice about the value
of the Guiding Principles for the protection of internally displaced persons globally.
67.
The Guiding Principles are frequently cited and actively used by United Nations
agencies, such as UNHCR, the United Nations Development Programme and the United
Nations Children’s Fund, which have incorporated them into their policy and operational
guidelines with regard to internal displacement and disseminated them among their staff.
Equally, the treaty bodies and other human rights mechanisms that monitor the
implementation of the human rights conventions by States parties, such as the Human
Rights Committee or the Committee on the Rights of the Child, have also referred to the
Guiding Principles in their observations to States. The Special Rapporteur welcomes the
efforts undertaken in this respect and hopes to maintain and enhance the attention given to
the Guiding Principles across the United Nations system in this twentieth anniversary year
and beyond.
68.
OHCHR is encouraged to strengthen its presence and activities in humanitarian and
internal displacement crises and bring much-needed human rights monitoring and
implementation expertise to them, including in the context of protection clusters. Its
presence and strengthened engagement in the issue of internal displacement would
significantly enhance the capacity of the United Nations to address human rights concerns
affecting internally displaced persons.
C.
Encouraging and facilitating international solidarity and assistance
69.
The Special Rapporteur considers that much more can be done to build solidarity
across and between States, with the objective of better responding to displacement crises
and reducing internal displacement. Numerous States have a vast wealth of experience in
dealing with internal displacement that could be of great value to others. Other States need
rapid access to technical assistance and would benefit from access to the effective practices
of those with experience in all aspects of responding to internal displacement. Some
valuable experiences of solidarity and assistance across States have demonstrated the value
of such exchanges, including for example the Government of Georgia sharing its
experiences with Ukraine to assist the latter in its responses.
D.
Continuing and enhancing training for government officials
70.
The annual course on the Law on Internal Displacement in San Remo, Italy, is
organized by the International Institute for Humanitarian Law in cooperation with the
Special Rapporteur and UNHCR. It is designed for government officials and the personnel
of NGOs responsible for and dealing with issues relating to internally displaced persons. It
responds to the increasing demand for information on and understanding of internal
displacement and the applicable law. It includes lectures, case studies, simulations and
practical exercises led by experts. Its objectives are to increase understanding of the
international norms underpinning the protection of internally displaced persons; encourage
18
16
See Walter Kälin, “How hard is soft law? The guiding principles on internal displacement and the
need for a normative framework”, presentation at the City University of New York Graduate Centre
(December 2001).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents