A/HRC/41/40
existence of independent national human rights institutions in compliance with the Paris
Principles.13
40.
In conflict situations, NHRIs have advocated for and monitored compliance with
international humanitarian law, an activity vital to mitigate the impacts of conflict on
civilians. NHRIs are increasingly incorporating international humanitarian law monitoring
into their work. In conflict situations, civilian victims of violence and subsequent internal
displacement often belong to national, ethnic or religious minorities. Institutions must be
sensitive to such ethnic or religious dimensions of conflict and humanitarian crisis and
possible internal displacement situations and respond accordingly, including by exercising
their preventive and early warning capacities and identifying at-risk communities early.
Their work to promote minority rights, ensure equality and non-discrimination and promote
dialogue between and with conflicting parties and majority populations are vital conflictand displacement-prevention measures as well as peacebuilding measures.
41.
National human rights institutions have played leadership roles in the prevention of
arbitrary displacement caused by factors such as development projects, business activities
or forced evictions that are not regulated or conducted according to national law and
international standards. The Guiding Principles prohibit displacement in cases of largescale development projects not justified by compelling and overriding public interests.
Numerous cases globally demonstrate that millions are displaced by projects that do not
meet this standard; indigenous peoples or minorities are often affected. National human
rights institutions, including those in Kazakhstan, Kenya, the United Republic of Tanzania
and Zimbabwe, discussed the displacement impact of forced evictions, noting the
institutions’ role in prevention by drawing attention to the human rights implications and
making preventive legal interventions on behalf of affected communities.
42.
Early warning is essential to enable all actors to take preventive action or respond
quickly and effectively to crises and displacement events. In countries with a high risk or
history of conflict, violence or disasters leading to displacement, NHRIs have established or
contributed to early warning initiatives, including locating monitors at high-risk locations;
maintaining regular contact with at-risk communities; contributing to inter-agency risk
analysis efforts to identify early on evolving conditions or societal and political
developments that could lead to violence or conflict; and engaging proactively with
government bodies, including those responsible for disaster response, so that they are fully
aware of potential displacement events.
43.
In Colombia, early warning in the context of risks of violence and internal
displacement is a core function of the national human rights institution, the Ombudsman’s
Office of Colombia. About 250 “community defenders” are present in all 36 regions. They
collect information relating to risks of displacement facing individuals and communities,
allowing for contextual analysis and early-warning reports for relevant government bodies,
which must act swiftly to employ protection measures. Early warning mechanisms
supported by or within NHRIs are operational in such countries as Afghanistan, Kenya,
Nepal and the Philippines. National human rights institutions suggested undertaking a
comparative study to identify and share positive practices.
44.
The institutions highlighted that funding must be more flexible to allow innovative
prevention projects. For example, statistical and research developments have improved the
ability to predict or forecast possible displacement events perhaps related to seasonal
weather or disaster events, or even ethnic or political violence. Moves towards forecastbased financing have consequently been encouraged.
13
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GANHRI, National Human Rights Institutions Engaging with the Sustainable Development Goals
(2017).
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