A/HRC/44/41
23.
Under article 11 of the Convention on the Rights of Persons with Disabilities, States
parties are specifically required to take all necessary measures to ensure the protection and
safety of persons with disabilities in situations of armed conflict and disasters. In addition,
all the provisions of the Convention remain relevant in displacement situations (see
A/HRC/31/30).
24.
Internally displaced persons with disabilities unfortunately lack visibility in the
monitoring of their rights. A search of observations and recommendations relating to the
Convention in the Universal Human Rights Index database reveals that in March 2020, out
of a total of 3,826 records, there are only 22 relating to internally displaced persons with
disabilities.
25.
Principle 4 of the Guiding Principles on Internal Displacement, which reflect
international human rights and humanitarian law, explicitly states that they should be applied
without discrimination of any kind, including on the basis of disability. Having been
developed before the Convention on the Rights of Persons with Disabilities, the Guiding
Principles should be interpreted in rights-based language with respect to persons with
disabilities. Importantly, they entitle internally displaced persons with disabilities to safe and
dignified access to the protection and assistance they might require, as well as durable
solutions.
26.
The basic principles and guidelines on development-based evictions and displacement
refer to the need to give priority in housing and land allocation to disadvantaged groups,
including persons with disabilities (A/HRC/4/18, para. 31).
27.
The United Nations is upgrading its system-wide policies to become more inclusive
of persons with disabilities. In June 2019, it launched the United Nations Disability Inclusion
Strategy, whereby the entire United Nations system, including country and humanitarian
teams, has committed to measuring and tracking their performance with respect to disability
inclusion. In June 2019, the Security Council adopted its very first resolution on persons with
disabilities, resolution 2475 (2019), calling for the protection of persons with disabilities,
including those displaced in time of conflict.
28.
The World Humanitarian Summit in 2016 endorsed the Charter on Inclusion of
Persons with Disabilities in Humanitarian Action, which led to the adoption in October 2019
of the Inter-Agency Standing Committee guidelines on the inclusion of persons with
disabilities in humanitarian action (Inter-Agency Standing Committee guidelines). The
guidelines complement, among others, the humanitarian inclusion standards for older people
and people with disabilities and the revised Sphere handbook provisions on persons with
disabilities. 12 Efforts are under way to advance inter-agency collaboration on disability
inclusion in humanitarian response plans and humanitarian needs overviews. 13 At the field
level, protection clusters are increasing the focus on disability inclusion throughout the
humanitarian programme cycle.
29.
At the regional level, relevant instruments include the Kampala Convention (arts. 5
(1) and 9 (2) (a) (b) and (c)) and the Protocol on the Protection of and Assistance to Internally
Displaced Persons adopted by the International Conference on the Great Lakes Region in
November 2006 (articles 4 (1) (d) and (f) and annex, principles 4 and 19).
30.
Of 86 existing national laws and policies on internal displacement, some 35 explicitly
mention persons with disabilities. 14 Some countries have national frameworks for persons
with disabilities that also apply to those living in situations of internal displacement. 15
12
13
14
15
See Age and Disability Consortium, Humanitarian Inclusion Standards for Older People and People
with Disabilities (2018) and Sphere Association, The Sphere Handbook: Humanitarian Charter and
Minimum Standards in Humanitarian Response (2018).
See, for example, Department for International Development, “Guidance on strengthening disability
inclusion in humanitarian response plans” (2019).
See contribution by the Global Protection Cluster Task Team on Law and Policy.
See contributions from Cambodia, Colombia, Honduras, Italy, Mexico and Ukraine.
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