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solutions have been achieved, NHRIs have an equal responsibility to continue their
engagement and to pressure Government where necessary to fulfil its human rights
obligations.
82.
Internally displaced persons are sometimes encouraged or pushed to return to
insecure or unreconstructed locations following conflict or disaster. National human rights
institutions should emphasize the right to freedom of movement of IDPs and that return
must be informed, voluntary and safe, as well as verifying governmental assessments that
return is safe and without risk of human rights concerns. Some NHRIs noted the need to
develop capacity to support the reintegration of IDPs into society, whichever durable
solution they choose (return, local integration or settlement in another location),
recognizing that new human rights concerns can emerge, for example relating to possible
tensions with existing communities in areas of integration and economic, social and cultural
rights.
83.
Finding solutions to complex rights issues such as housing, land and property rights
is key to unlocking protracted displacement. National human rights institutions play a role
in advocating for return, restitution or adequate compensation for loss where possible,
which may require capacity-building and specialist expertise to enable them to adequately
represent IDPs. Institutions have drawn the attention of Government to violations of
housing, land and property rights. The Philippine national institution, for example, through
its advisories, worked with local government to ensure that return and relocation were in
accordance with the rights of those displaced. National human rights institutions may need
to advocate for the development of additional national legal frameworks and can draw on
international human rights standards in this regard, including the principles on housing and
property restitution for refugees and displaced persons developed by Paulo Sérgio
Pinheiro.23
84.
National human rights institutions are promoting rights-based approaches to
development in the context of the 2030 Agenda for Sustainable Development, which offers
NHRIs a valuable global framework within which to pursue national-level objectives on
behalf of IDPs, particularly through the integration of internal displacement issues in
national and local development plans. A key objective of the Goals is to “seek to realize the
human rights of all”,24 and NHRIs should be at the core of the “web of accountability” for
their realization. Given the significant convergence between the Sustainable Development
Goals and human rights standards and their mutually reinforcing connection, some NHRIs
are building strategies to translate the Goals into reality, including for IDPs and in the
context of processes leading towards durable solutions.
IV. Conclusions
85.
The Special Rapporteur recognizes the breadth of activities undertaken by NHRIs
relating to IDPs. Their access to different actors, ability to mediate between Government,
communities and NGOs, and their mandate and ability to intervene where violations of
human rights occur, as well as their unique understanding of local situations, make NHRIs
essential in preventing conditions leading to internal displacement and protecting and
supporting IDPs. She acknowledges limitations, including of resources, funding and
capacity, and lack of access and political will as constraints on the work on internal
displacement undertaken by NHRIs. While expectations must be managed, NHRIs have
demonstrated that much can be achieved, and they are finding new and strategic ways to
work effectively on internal displacement, including in collaboration with national and
international partners, in all phases of displacement.
86.
Essential work to increase and strengthen NHRIs and their global and regional
networks must continue, with IDPs systematically included in their mandates and priorities.
23
24
18
Food and Agriculture Organization of the United Nations and others, Housing and Property
Restitution for Refugee and Displaced Persons: Implementing the “Pinheiro Principles” (2007).
General Assembly resolution 70/1.
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