A/HRC/41/40
National human rights institutions should not be a substitute for State actors in the
protection of human rights nor fulfil essential functions of government responsibility. They
should constantly and publicly remind Government of its primary responsibility for the
protection of all human rights, including those of IDPs. They are an essential safeguard and
voice for IDPs, raising awareness of their civil and political rights and ensuring attention to
critical economic, social and cultural rights, including the rights to food, shelter, health,
education, housing, land and property, and progress towards durable solutions.
87.
Human rights monitoring and intervention in displacement situations can be lifesaving. Internal displacement must be better understood as a human rights issue as well as a
humanitarian priority. The application of rights-based approaches offers strong pathways
for protection and solutions for IDPs across a wide variety of issues, based on the
international normative framework of rights that States have voluntarily agreed to be bound
by. Articulating more clearly the importance of human rights actors in humanitarian and
displacement emergencies demands and justifies a clearer presence and stronger role for
NHRIs, working alongside government, humanitarian and development counterparts as
constant partners throughout all phases of displacement. Even when humanitarian partners
withdraw, critical human rights issues remain and the presence of NHRIs should be ensured.
88.
The interconnection between human rights, humanitarian action and sustainable
development, as well as peace and security, and the desire for convergence from the earliest
opportunity towards collective outcomes means that NHRIs are developing institutional
expertise that is cross-cutting and assists them in establishing effective collaborations.
Equally, institutions with humanitarian and development mandates will benefit from
bringing human rights understanding and approaches more clearly into their work and
operational activities. They can achieve this by strengthening their working relationships
and collaboration with NHRIs prior to and during internal displacement situations.
V. Recommendations
89.
The Special Rapporteur makes the following recommendations.
90.
National human rights institutions should:
(a)
Undertake studies and collect detailed human rights-focused information
about IDPs and all causes of their displacement to fully inform their work;
(b)
Play a leadership role in advocating for and supporting the development
of national laws, policies and practices based on the Guiding Principles on Internal
Displacement. Such laws and policies could refer explicitly to the roles of NHRIs;
(c)
Undertake consistent law and policy implementation and enforcement
efforts, including by monitoring, public reporting, providing legal assistance to
victims and advocating with national and local authorities;
(d)
Remain engaged in all phases of displacement, from prevention through
response, to the achievement of durable solutions, and establish systematic and longterm relationships with affected communities;
(e)
Establish internal expertise and capacity to respond effectively to
internal displacement, including by establishing focal points and units at the central
and local levels and increasing capacity in financing, logistics, technical issues and
human resources;
(f)
Establish and strengthen partnerships with national, regional and
international actors, including humanitarian and development partners, to build their
human rights capacity, help make protection central to humanitarian action and
enhance collaboration towards collective outcomes around internal displacement;
(g)
Establish and/or contribute to early warning systems and tools and
prevention and preparedness mechanisms on internal displacement. A comparative
study of existing mechanisms of NHRIs could be conducted to identify positive
practices;
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents