A/HRC/41/40
rather than temporary, project-based or one-off grants, to enable them to include internal
displacement in their core and long-term activities. While Governments should legally
ensure adequate funding while guaranteeing their ability to work independently, NHRIs
must often expand their work within existing resources, with obvious consequences. Their
ability to receive external funding, in line with the Paris Principles, 11 was highlighted, as
was the need to work with donors to enhance their understanding of the critical role and
value of NHRIs.
30.
In conflict situations, UNHCR has consistently supported and funded NHRIs to
enhance their work on issues affecting IDPs, while conscious that its funding not jeopardize
perceptions of the institutions’ autonomy.12 Nevertheless, funding shortfalls are common. In
Nigeria, despite funding and support from UNHCR, the national human rights institution
had to focus its work on creating a protection framework with community-based monitors
in three states rather than seven in which needs had been identified. In Afghanistan, a
programme launched in 2004, supported by UNHCR, allowed the national institution to
extend its work on IDPs throughout the country but, despite massive ongoing and new
displacement, this ended in 2010 due to funding shortfalls. Damage to relations between
populations and NHRIs can result when programmes begin and then cease as funds are
exhausted.
31.
In countries which have experienced internal displacement, NHRIs may have built
internal capacity, a strong skills base and staff equipped to quickly address new
displacement situations. In others, internal displacement is a new or rare phenomenon and
national authorities and NHRIs must quickly adapt and establish capacity to meet the needs
of IDPs. The need for long-term, dedicated staffing was identified, as was the requirement
for training across the institution to build institutional knowledge rather than relying on
short-term consultants. NHRIs stressed that, to fulfil their potential, allocation of resources
and staffing must be sufficient to deal with new and challenging human rights situations
often involving thousands of people, many of whom may be hard to reach.
32.
Preparation and contingency planning for possible displacement scenarios is key to
rapid and effective responses. Indeed, the extent of internal displacement caused by such
factors as development projects, unregulated business activities, generalized violence,
forced evictions, climate change and slow-onset disasters means that Governments and
NHRIs should enhance their institutional capacity and readiness to respond to displacement
events that are often predictable. Some NHRIs noted that greater attention is given by
Governments to internal displacement caused by conflict or political violence than
displacement caused by other factors that can be predicted or is the consequence of
government action or development priorities, despite the huge numbers displaced by such
causes.
33.
Despite grave rights violations against IDPs, too often specialist human rights actors
are absent or prevented from deploying in humanitarian and displacement crises and such
violations, including by armed non-State or State actors and civilian authorities, take place
with impunity. Access for national institution monitors to areas of conflict or affected
populations remains a significant challenge, both during and in the aftermath of conflict.
Internally displaced persons may be in areas outside government control and in difficult-toreach areas. NHRIs may have greater possibilities of access to them that do not exist for
national authorities or international actors and no restrictions should be imposed on their
access to areas outside government control.
34.
National human rights institutions may operate under conditions of ongoing conflict
and/or political or social volatility. Their independent status and non-alignment with any
political party or faction is critical to their role among all stakeholders, including IDPs, who
rely on them to represent their interests. According to their mandates, NHRIs are impartial
11
12
8
GANHRI, general observations on the Paris Principles, general observation 1.10. Available at
https://nhri.ohchr.org/EN/AboutUs/GANHRIAccreditation/General%20Observations%201/EN_Gene
ralObservations_Revisions_adopted_21.02.2018_vf.pdf.
UNHCR Engagement with National Human Rights Institutions for IDP Protection: Stocktaking
Exercise, 2016 (complemented by a checklist for field offices to engage with NHRIs).
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