A/HRC/41/40 60. National human rights institutions have been key stakeholders in institution-building and have contributed to the establishment of human rights bodies, committees and other expert technical and implementation bodies addressing internal displacement and drafting law and policy. They have facilitated the engagement of other stakeholders in such bodies and forums, including representatives of IDPs. They often act in facilitation and mediation roles, conducting consultations and acting as a platform or bridge between civil society and Government. Some have strongly advocated increased attention to internal displacement by Governments that do not recognize the problem and their human rights obligations. In El Salvador and Mexico, the national human rights institutions have called for recognition of internal displacement caused by gang violence and for government action, including law and policy measures. 61. In the African context, the Kampala Convention is the only legally binding regional standard on IDPs. A key advocacy objective identified by African NHRIs is ratification of the Convention and its incorporation into domestic law. Even for States that have ratified, implementation remains poor and significant advocacy efforts are being undertaken by some NHRIs to promote implementation. African NHRIs, including through their regional network, work at the regional and national levels to advocate for a broadly mandated and effective conference of States parties to the Convention as an important regional monitoring and compliance mechanism, ideally with a reporting function to which they can contribute national-level information. The Harare plan of action for the implementation of the Kampala Convention, 21 adopted during the first Conference of States Parties to the Convention, explicitly mentions the role of NHRIs, steps they can take, and the need for them to be supported in these functions. 62. Once laws and policies are adopted, NHRIs have adapted their roles to be lead actors in promoting implementation through such activities as human rights monitoring, coordination, information and awareness-raising and provision of legal assistance. Implementation in practice of existing law and policy on internal displacement remains a major challenge. Some States have national action plans on the promotion and protection of human rights and NHRIs are key stakeholders in such plans. Having advocated for such plans with national authorities, NHRIs should lobby for the inclusion of specific attention to internal displacement within them. 5. Legal assistance and supporting complaints 63. Providing support and legal assistance is a core function of NHRIs. Their free legal services facilitate access to justice, remedies and reparations for IDPs. Where laws on internal displacement exist, these traditional activities become attuned to situations specific to IDPs, including expanding complaints mechanisms to incorporate protection of IDPs; providing legal services and assistance; and training the judiciary and other public institutions to understand the law and its application. This has been the case in Colombia, Georgia, Kenya and Ukraine. The importance of developing national jurisprudence on internal displacement, even without a specific law, was highlighted by NHRIs, as was establishing legal precedence through court cases on behalf of IDPs, which improves the legal remedies available to them. 64. National human rights institutions provide essential information to government bodies that reveals challenges that can be quickly overcome, particularly where law on internal displacement brings legal guarantees and clarity. However, where no such law exists or where barriers persist to resolving problems affecting IDPs, for example legal requirements relating to service provision, documentation and access to documents, these problems have become priority advocacy objectives for some NHRIs, which quickly seek legal remedies in existing law and in administrative measures. In Afghanistan, the institution has engaged municipal authorities on behalf of IDPs in matters relating to the issuance of national identity cards and registration of displaced children in schools, access to water and disputes over land and property. 21 14 See https://au.int/en/pressreleases/20170406/plan-action-implementation-kampala-conventionadopted-conference-states.

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