A/HRC/41/40
and function in the fundamental role of safeguarding people from violations by any party.
They may need to play a role that is highly critical of Government and national policy, for
example where the Government may be, or perceived to be, responsible for internal
displacement. NHRIs emphasized that the political will of Government to address internal
displacement is paramount but often lacking, and efforts by national and international
partners are essential to enhancing political will.
35.
The Guiding Principles recognize that internal displacement may be a deliberate
violation of human rights law and/or humanitarian law and an act of discrimination and
violence perpetrated against part of the population by another group or by the Government.
The prohibition of arbitrary displacement includes displacement based on policies of
apartheid, ethnic cleansing or similar practices aimed at or resulting in altering the ethnic,
religious or racial composition of the affected population, and displacement used as a
collective punishment. Some Governments fail to recognize internal displacement or the
human rights issues causing or associated with it. In such cases, NHRIs conduct their
activities under conditions of extreme political difficulty and opposition; nevertheless, their
ability to function freely must be protected.
36.
While it is essential to acknowledge the challenges, constraints and competing
priorities experienced by NHRIs, their unique position as respected human rights actors in
relation to Government, civil society and national and international partners, and
displacement-affected communities provides valuable opportunities, even in challenging
environments. The following discussion highlights ways that NHRIs prevent conditions
leading to internal displacement and work to respond to human rights challenges and
support solutions for IDPs.
C.
Role of national human rights institutions in prevention, preparedness
and early warning
37.
The role of NHRIs in preventing internal displacement and preparedness is
significant. Their core work of promoting and protecting all human rights is an important
element of peace and stability and the prevention of conflict, a main driver of internal
displacement. NHRIs highlighted the need to put specific systems for prevention and
preparedness in place long before displacement occurs and that legislation and policy are
most effective if adopted in peacetime, well before displacement occurs. Recognizing that
displacement can happen multiple times, NHRIs emphasized that preventing it, and the
associated human rights violations, must be a continuous effort to ensure that, should
displacement occur, those affected do not face secondary displacement or ongoing or
recurring human rights issues.
38.
National human rights institutions take important measures to overcome the
consequences of conflict in society, address past human rights violations and contribute to
the fight against impunity. They frequently promote or lead transitional justice processes;
support processes that ensure accountability; facilitate access to justice, including through
investigations and reparations; and contribute to peacebuilding processes, reconciliation
and strengthening of social cohesion. In her report to the General Assembly on inclusion of
IDPs in transitional justice processes (A/73/173), the Special Rapporteur highlighted the
role of human rights actors, including NHRIs, in ensuring that IDPs are included in such
processes as a key component of prevention initiatives. This has been a focus of the NHRIs
in Bosnia and Herzegovina and Colombia, for example.
39.
Goal 16 of the Sustainable Development Goals calls for the promotion of just,
peaceful and inclusive societies and acknowledges the importance of strong and
accountable institutions, good governance, participation, access to justice and information
and fundamental freedoms. It prominently recognizes civil and political rights as crucial
elements of peace and sustainable development, and offers significant transformative
potential to improve human rights through institutional, justice and security reform.
GANHRI has highlighted the importance of NHRIs as guarantors of and catalysts for
sustainable development, and indeed one of the global indicators for the goal is the
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