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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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