A/HRC/44/41
disability status or even registering as a displaced person, where relevant. They may not be
familiar with the procedures, which might be considered too time-consuming and
bureaucratic, or they want to avoid the stigma associated with having a disability, or being
internally displaced. That can in turn hamper their access to social benefits and/or pensions.73
Housing, land and property
86.
Access to adequate housing, land and property is important at all phases of
displacement. In many contexts, internally displaced communities face the risk of forced
eviction, which can also affect persons with disabilities.74 Access to effective mechanisms
that restore the housing, land and property of internally displaced persons or provide them
with compensation is particularly relevant for their achievement of durable solutions, with
access to information and legal advice without discrimination, which is a key challenge for
many displaced persons with disabilities. Some persons with disabilities may be denied the
right to sign contracts, own property or land on the basis of their legal capacity status
(A/HRC/37/56, para. 24). Many of them might be unaware of their rights, where to seek
advice and how to assert claims. Additional measures to support them adequately in such
processes are required. When persons with disabilities and their families are in particularly
vulnerable situations, their claims should be processed as a priority. Displaced women with
disabilities may face compounded discrimination and barriers resulting from socioeconomic
disadvantages in gaining access to their housing, land and property rights, often in connection
with gaps in laws and customary practices.
IV. Conclusions and recommendations
87.
While the past decade has seen significant progress in the recognition of the
rights of persons with disabilities in humanitarian and development settings, States and
other humanitarian and development actors need to shift from awareness of disability
to a proactive human rights-based disability inclusion strategy to manage internal
displacement. States, local governments, humanitarian agencies, donors, national
human rights institutions, organizations of persons with disabilities and other NGOs,
internally displaced persons and host communities all have a role to play in
implementing change, reducing stigma and violence by promoting inclusion and
increasing the participation of organizations of persons with disabilities in managing
and finding durable solutions for internal displacement. They also have a role to play
in thinking about universal design from the outset of any temporary or durable services
or infrastructures and ensuring accessible and transparent two-way communications
between internally displaced persons with disabilities and their interlocutors in and
outside camp settings. Despite inherent challenges, collecting more comprehensive data
about numbers, profiles, barriers and the specific requirements of persons with
disabilities in displacement contexts is a priority for informing effective and inclusive
protection and assistance responses and facilitating durable solutions for them.
88.
The Special Rapporteur thus makes the following recommendations in general
terms and in specific areas of importance to persons with disabilities.
General recommendations
89.
States and all relevant humanitarian and development actors should ensure that:
(a)
Their legal, policy and strategy frameworks related to internal
displacement are inclusive and address the specific rights of persons with disabilities;
(b)
All their services, programmes and activities aimed at preventing forced
displacement and protecting and assisting internally displaced persons are accessible to
those with disabilities, without discrimination, by identifying and removing attitudinal,
73
74
18
See contributions from HelpAge International, Amnesty International and Human Rights Watch.
See UNHCR Protection Cluster Ukraine, update October 2016, available at
https://reliefweb.int/sites/reliefweb.int/files/resources/2016_10_protection_cluster_factsheet_eng.pdf.
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