A/HRC/13/21
reparation.38 Reparations can take different forms. In some cases, it may be sufficient to
provide restitution by restoring the status quo before displacement. In other cases,
especially those involving crimes against humanity, war crimes or ethnic cleansing, victims
of arbitrary displacement will also be entitled to monetary compensation. Compensation
laws must not arbitrarily differentiate between different types and causes of displacement
and must respect the principle of equality before the law.
73.
Arbitrary displacement can also be caused by negligence, especially where
authorities fail to exercise their obligation to take all reasonable and necessary measures to
protect life, physical integrity, health and property from natural disasters. The
Representative notes the growing body of law holding authorities accountable for such
failures. The European Court of Human Rights has ordered States to pay compensation for
having negligently failed to take appropriate measures to protect people from natural or
human-made hazards.39 The Kampala Convention also stipulates that States parties are
liable to make reparation if they fail to protect and assist internally displaced persons in the
event of natural disasters.40
H.
Overcoming the politics of protracted displacement
74.
In at least 35 countries internally displaced persons find themselves in protracted
situations,41 meaning that processes to find durable solutions for them have stalled and the
displaced are marginalized, and their rights, in particular economic, social and cultural
rights, are not protected. Internally displaced persons in protracted situations often live in
inhumane conditions and have no realistic chance of accessing opportunities to earn a
living. The Representative has consistently found that the most likely victims of protracted
displacement are the most vulnerable within the displaced population and include the
elderly, people with disabilities, female-headed households and minorities.42
75.
In conflict situations, political factors are often the primary cause of protracted
displacement with parties to the conflicts not willing to achieve peace, which would allow
the displaced to return. Even after major hostilities have ceased, resolution of the
underlying conflict is often frozen and internally displaced persons are at risk of being
manipulated as pawns. They cannot return, because they are seen as being associated with
the enemy. At the same time, they are often prevented from integrating locally, because
political decision makers calculate that continued pressure to return will uphold their
territorial claims.
76.
The Representative has consistently emphasized that allowing internally displaced
persons to normalize their living situation does not in any way extinguish their right to
return. On the contrary, people who have regained control of their lives are in a much
stronger position to eventually achieve a durable solution, while also posing less of a
burden to local communities and social services. The Representative has engaged with the
38
39
40
41
42
18
See General Assembly resolution 60/147 on the Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law. See also the Kampala Convention, art. 12.
European Court of Human Rights, Öneryildiz v. Turkey, application 48939/99, judgement of 30
November 2004; Budayeva and others v. Russia, applications Nos. 15339/02, 21166/02, 20058/02,
11673/02 and 15343/02, judgement of 20 March 2008.
See art. 12, para. 3.
IDMC, Internal Displacement: Global Overview of Trends and Developments in 2008 (2009). This
figure only relates to conflict and violence-related displacement and does not include disaster and
development-induced displacement.
See e.g. E/CN.4/2006/71/Add.4.
GE.10-10161
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