A/HRC/38/39
provide a vital framework and guidance for responses. During visits undertaken by the
mandate to Honduras, northern Nigeria and Ukraine, for example, the authorities noted that
they had no experience of addressing internal displacement and relied heavily on support
from the international community. The Guiding Principles provided an immediate
authoritative basis for context-specific responses to be quickly developed.
33. It is also true that within internally displaced populations there exists great resilience,
resourcefulness, capacity and potential, the strength and determination to survive and to
recover. That has been demonstrated even in the most difficult circumstances and situations
of ongoing conflict, including in Iraq and the Syrian Arab Republic. Such elements should
not be taken for granted, but can and should be better harnessed and utilized in support of
the recovery of internally displaced persons. The Guiding Principles recognize that capacity
and urge that they be recognized as participants and partners in their own recovery and not
simply as beneficiaries.
IV. National action to reduce internal displacement in line with
the Guiding Principles on Internal Displacement
A.
Incorporating the Guiding Principles into national law and policy
34.
For the Guiding Principles to become effective at the national level, it is essential for
them to be adopted into national law and policy frameworks. Despite important progress,
the majority of States coping with large-scale displacement still do not have national
internal displacement laws or policies and many of those displaced are unaware of their
rights. The situation is improving, as documented by the Global Protection Cluster task
team on law and policy, co-chaired by the Special Rapporteur and UNHCR. Authorities in
several countries have already developed domestic normative standards on the protection of
and assistance to internally displaced persons. 4 That demonstrates a positive global trend of
national authorities increasingly expressing their commitment to implementing the Guiding
Principles and other supranational instruments.
35.
Over 75 countries have some form of documents or processes relevant to internal
displacement, such as national laws, policies, decrees, protocols, strategies and action plans,
in place or in development. The Global Protection Cluster notes that countries respond to
internal displacement in a variety of ways, while a considerable number are using the
Guiding Principles or the Kampala Convention as points of reference in drafting national
laws and policies. Some develop legislation or implement policies that respond to existing
and specific situations. National Governments have made positive strides in addressing the
assistance and protection needs of internally displaced persons, but analysis reveals
substantive issues and challenges in terms of law and policy that require their sustained
attention.
36.
States themselves have identified a significant need for technical support and
expertise in law and policymaking processes on internal displacement. Even where law
and/or policy exists, translating them into practice has proved a challenge. Some laws and
policies fail to include detailed provisions on implementation and monitoring, or the
institutional arrangements necessary for doing so. The absence of specific provisions
relating to durable solutions is also a common feature. Structural problems, weak
institutions, poor coordination and communication, and a lack of political will, funding and
other resources, are other obstacles. In some cases the adoption of national law and policy
experiences significant delays or political obstacles that can continue for years, impeding
implementation of standards and meaning that little difference is made to the lives of tens
of millions worldwide.
37.
National laws and policy provide internally displaced persons with recourse to
national law to claim their rights in domestic courts or other national forums for victims.
4
See www.internal-displacement.org/law-and-policy.
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