A/HRC/16/43
I.
Introduction
1.
This is the first report of the Special Rapporteur on the human rights of internally
displaced persons, Chaloka Beyani, submitted in accordance with Human Rights Council
resolution 14/6 of June 2010. The Special Rapporteur was appointed by the Human Rights
Council during its fifteenth session and assumed his mandate on 1 November 2010. The
first part of this report records the activities undertaken by the previous mandate holder,
Walter Kälin, the Representative of the Secretary-General on the human rights of internally
displaced persons, since he presented his last report to the Human Rights Council
(A/HRC/13/21). That report described, in particular, the achievements of his mandate as
well as key challenges in the area of the protection of internally displaced persons (IDPs).
2.
The second part of this report provides a description of some of the issues and
challenges with regard to internal displacement which the newly appointed Special
Rapporteur has identified and decided to prioritise in the initial phase of his mandate.
Nearing its second decade, the mandate on the human rights of internally displaced persons,
has made important progress in advancing and gaining broad acceptance for the normative
framework now used to understand, protect and implement the rights of this group of
persons. This normative framework has its foundations in the Guiding Principles on
Internal Displacement, which themselves draw on existing international standards. The
mandate has also been instrumental in furthering advancements in this field, by articulating
the human rights aspects of certain types or phases of displacement, such as through the
Framework on Durable Solutions for Internally Displaced Persons, and the Operational
Guidelines on the Protection of Persons in Situations of Natural Disasters (revised).
3.
Other contributions by the mandate have included addressing specific issues related
to internal displacement, in an effort to enhance either the understanding of normative
principles or the practices and policies of States, civil society and the international
community. One such issue relates to the consultation and participation of displacementaffected communities in decisions which impact on them. In this regard, the mandate
contributed towards the publication of the guide book, Integrating Internal Displacement in
Peace Processes and Agreements. Through its thematic reports to the Human Rights
Council and to the General Assembly, the mandate has also addressed a wide variety of
other aspects related to internal displacement, often in order to provide guidance on issues
on which there have been significant gaps.
4.
These efforts have been undertaken from a mainstreaming perspective, with regard
to which the mandate’s participation in the Inter-Agency Standing Committee has been
instrumental, as well as from a capacity-building and collaborative approach which has
prioritised strong links with key United Nations agencies, as well as other international
organizations and civil society more broadly.
5.
At the level of its engagement with States, the mandate has placed an emphasis on
follow-up to its country visits, often in the form of working visits, continued engagement
by providing advice on specific issues or developments, and when possible by providing
technical support for the development of national policies, legislation or strategies. There is
now a momentum towards the development by States of national instruments, which seek
to address and protect the rights of IDPs. With the adoption of the African Union
Convention for the Protection and Assistance of Internally Displaced Persons (Kampala
Convention), a regional dimension has been added which further consolidates the
international legal foundation of the rights of IDPs, but also offers opportunities to address
internal displacement issues from a regional and subregional perspective and to develop
solutions better suited to specific needs and contexts.
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