A/HRC/41/40
humanitarian operations, 18 for example, where issues such as detention or violence by
security forces are raised with authorities may affect relations and hinder humanitarian
access and delivery. As dedicated human rights partners, NHRIs are well placed to
contribute and, indeed, required to raise sensitive issues in such circumstances.
56.
Humanitarian partners may need to draw back from ongoing displacement situations
or downscale once the crisis phase has ended and before durable solutions have been
achieved for IDPs, who may remain highly vulnerable. National human rights institutions
must remain fully engaged to ensure that no protection gaps exist. Consequently, forward
planning for humanitarian withdrawal strategies should be undertaken in consultation with
NHRIs. Indeed, as humanitarian partners disengage, joint projects and collaboration
between development partners and NHRIs should be actively encouraged to maintain their
presence and activities as well as to ensure new and ongoing funding possibilities. As a key
development partner, the United Nations Development Programme (UNDP) has worked to
strengthen engagement with and support to NHRIs and developed the UNDP-OHCHR
Toolkit for Collaboration with National Human Rights Institutions. A tripartite partnership
was formalized in 2017 and seeks a collaborative and coherent framework to strengthen
support to NHRIs.19
57.
National human rights institutions play an important liaison role, linking national
and international institutions and providing a platform for exchange. NGOs frequently
support IDPs and provide a range of services and advocate for their rights. However, they
may lack in-depth human rights knowledge, and NHRIs can be an essential human rights
resource for them. The national institution of Ukraine noted its engagement with NGOs and
organizations of IDPs active in displacement-affected communities through advice, support
for their activities, lobbying and campaigns, providing human rights information and
resources about the rights of IDPs and information on what national or international
mechanisms to utilize. Establishing strong connections and joint activities with NGOs also
expands the ability of underresourced institutions to reach out to IDPs.
4.
Developing and promoting national law and policy
58.
National human rights institutions have a potentially powerful role in advocating for
and advancing the rule of law. Those established in conformity with the Paris Principles are
empowered to examine any legislation and administrative provisions in force, as well as
bills and proposals, and to make recommendations to ensure that they conform to the
fundamental principles of human rights. They can recommend the adoption of new
legislation, the amendment of legislation and the adoption or amendment of administrative
measures at local and national levels. As emphasized by OHCHR, NHRIs contribute to
effective parliaments (which ideally have a human rights body), strong and dynamic civil
society organizations, alert and responsive media and societies that encourage the objective
of a universal culture of human rights. 20
59.
Many NHRIs conduct advocacy to encourage the development of national laws and
policies on internal displacement based on the Guiding Principles. They have frequently
been involved in the drafting of such frameworks (sometimes even leading processes), as
occurred in Georgia, Kenya, Mexico, the Philippines, Sri Lanka and Uganda. Their work is
vital to ensuring that appropriate legal and policy measures exist, and this function has been
among the highest priority of advocacy by NHRIs in countries experiencing internal
displacement. Their unique position among national bodies and their authority on issues
related to human rights have allowed NHRIs to initiate and take leadership roles in drafting
national law and policy in collaboration with other national bodies, civil society and,
importantly, IDPs themselves.
18
19
20
See Inter-Agency Standing Committee Policy on Protection in Humanitarian Action, 2016. Available
at https://interagencystandingcommittee.org/protection-priority-global-protectioncluster/documents/iasc-policy-protection-humanitarian-action.
See https://nhri.ohchr.org/EN/IHRS/tripartite/Documents/TPP%20Flyer%20Feb2018_FINAL.pdf.
See www.ohchr.org/EN/Countries/NHRI/Pages/NHRIMain.aspx.
13
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