A/HRC/41/40
Commission on Human Rights during its sixty-third session, held in Bogotá in February
2018 at the request of the Network of National Institutions for the Promotion and Protection
of Human Rights in the Americas. In April 2018, she participated in a meeting organized by
the European Network on human rights issues of IDPs, held in Kyiv. Participants discussed
the crucial role of NHRIs in internal displacement situations and in advocating for the
integration of the Guiding Principles into national law and policy. The European Network
issued a statement, 9 which was endorsed by the Council of Europe Commissioner for
Human Rights.10
24.
On 4 March 2019, she organized a follow-up workshop in Geneva in collaboration
with GANHRI on the role of NHRIs in preventing conditions leading to internal
displacement. National institutions from Colombia, Honduras and Kenya presented
concrete examples of their activities, strategies, tools and mechanisms to minimize and
avoid the risk of internal displacement, including monitoring and risk assessment and the
establishment of early warning mechanisms.
25.
The following discussion is based on the consultative process and additional
research by the Special Rapporteur.
B.
Obstacles to engagement by national human rights institutions on
internal displacement
26.
The challenges to fully addressing the human rights of IDPs facing NHRIs include
funding and resources, capacity, access and security, and the political will of national
authorities. Some institutions emphasized that at every phase of displacement, the issues of
IDPs must be more clearly recognized by all stakeholders as human rights concerns,
requiring consistent engagement by human rights actors alongside humanitarian and
development counterparts to ensure protection, rapid resolution and remedy in accordance
with human rights laws and standards. Recognizing the human rights causes, dimensions
and implications of humanitarian crises is essential to effective and appropriate action,
ensuring that responses recognize IDPs as rights holders rather than only beneficiaries of
humanitarian assistance, and States as duty bearers with the primary responsibility for
protecting their human rights.
27.
The human rights issues of IDPs may be part of the immediate core human rights
functions and priorities of NHRIs, particularly in the field of civil and political rights.
However, other human rights concerns of IDPs, including those relating to housing, land
and property and the achievement of durable solutions, may be complex, long-term, and
require specialist technical or legal interventions to ensure protection, resolution and justice.
They place new and substantial burdens on authorities and NHRIs, sometimes over months
or years if displacement becomes protracted. The national institutions are essential to
addressing such critical human rights issues, including through persistent engagement with
Government to encourage effective responses for the duration of displacement.
28.
Where conflict or disaster results in internal displacement, NHRIs face potentially
huge and complex new caseloads of human rights issues in addition to their core human
rights work, which should not decline in terms of attention and resources. Institutions raised
concerns about their capacities to respond in the emergency phases of displacement, when
human rights monitoring is crucial. Recognizing that human rights violations occur and can
be prevented prior to and during displacement, NHRIs must be engaged at all phases of
displacement. Preventing and responding to internal displacement will generally require
significant increases in funding, capacity, staffing and resources for NHRIs to respond
effectively and sustainably in the short, medium and long term.
29.
Working with inadequate funds and inconsistent funding were commonly cited
obstacles to the work of NHRIs, hindering their capacity to address the human rights of
IDPs. Institutions emphasized the need for specific funding for IDPs in their core budgets
9
10
See http://ennhri.org/IMG/pdf/ennhri_statement_on_nhris_role_on_idps_protection-2.pdf.
See www.coe.int/en/web/commissioner/-/europe-s-duty-to-internally-displaced-persons.
7
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