A/HRC/29/34
84.
While national governments have the primary responsibility towards IDPs, their
responses are often ad hoc, uncoordinated and, therefore, ineffective. National laws,
policies or strategies on internal displacement can assist national authorities in addressing
the challenges of displacement in a planned manner, and improve short-term and long-term
responses. Such national instruments may serve to clarify who is an IDP and what such a
person's corollary rights are, establish budgets directed towards them and create
administrative and response structures and responsibilities, as well as creating confidence
amongst regional and international development partners.
85.
National instruments can grant IDPs entitlements based on their situation, rights
and needs, and enshrine those entitlements in laws and policy, including their right to be
included in development assistance programmes as citizens or habitual residents of the
State. Where possible, national instruments on internal displacement should be explicitly
linked to national development documents, strategies and targets, and ideally result in
dedicated national strategies and action plans for IDPs.
6.
Implementation of effective governance structures
86.
Appropriate and effective governance and response structures are essential from
the earliest stages of displacement, but also in the medium and longer term to ensure
sustained attention to IDPs. The Special Rapporteur notes that such structures are
frequently absent or inadequate in practice and governments rely on existing bodies,
including emergency response bodies, existing government institutions with limited
technical and staffing capacity, the United Nations and national and international civil
society to lead responses to displacement. This can result in a lack of specialist, targeted
attention and insufficient policy and programme responses to the longer-term needs of
IDPs.
87.
Examples of positive governance structures include dedicated ministries,
departments or units responsible for IDP issues and for ensuring that attention to IDPs is
mainstreamed across relevant governmental and other bodies in areas such as education,
employment, health, housing and development policy. Such bodies can work to ensure that
greater attention to IDPs is paid by development actors, and should be appropriately
resourced and funded. High-level leadership, for example specialist bodies under the office
of the president or prime minister, can ensure that IDPs are given and maintain high priority
at the national level and by development actors.
7.
Addressing conflict, its causes and consequences
88.
Attention to preventing and resolving conflict, and stabilizing fragile States is
essential to achieving sustainable development worldwide, as well as to prevent further
displacement. Poverty, exclusion and discrimination are drivers of conflict and
displacement. Development initiatives should be used both as preventive measures and as
early recovery and reconstruction tools to help build peaceful and inclusive societies, as
well as achieve long-term stability. In conflict and post-conflict situations, protection risks,
access issues and an unreliable government partner at a time when governments may be
fighting for their existence may also create an environment that is not conducive to
development actors’ actions. Peace agreements should contain specific provisions for IDPs
and for resolving internal displacement issues. Consultation with and the participation of
IDPs in peace processes, peace agreements and peacebuilding are essential. 37
37
See The Brookings Institution-University of Bern Project on Internal Displacement, “Addressing
internal displacement in peace processes, peace agreements and peace-building” (2007).
21
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