A/HRC/13/21
responsibility. The Representative urges all member States to show solidarity with the
displaced and other crisis-affected populations and recommends that they:
(a)
Promote recognition of the Guiding Principles at the national level,
including through domestic law and policies;
(b)
and needs;
Undertake consultations with displaced populations on their conditions
(c)
Assist national, provincial and local authorities, including
parliamentarians, in creating and implementing the necessary laws and policies on
internal displacement and related issues such as disaster management or property
restitution;
(d)
Continue to recognize that the protection of internally displaced persons
and other crisis-affected populations is also an international concern;
(e)
Incorporate the Guiding Principles into international monitoring
mechanisms such as the universal periodic review of the Human Rights Council and
regional instruments;
(f)
Provide all necessary humanitarian assistance to displaced persons,
continue to fund such assistance and undertake concerted action where humanitarian
access is arbitrarily denied, or humanitarian staff are attacked, harassed or
discriminated against;
(g)
Ensure that international military and civilian operations have the
mandate and actual capacity to protect the civilian population;
(h)
Ensure that the emerging framework to address climate change deals
with the nexus between the effects of climate change and displacement and that the
least developed countries are provided with the resources and expertise to address the
human consequences of climate change;
(i)
Respect the right to seek and enjoy asylum, and avoid forcibly returning
persons to their home country where they cannot find a durable solution and as a
result become internally displaced.
86.
Much of the internal displacement taking place today is linked to violations of
international human rights and humanitarian law. Arbitrary displacement could be
prevented, but too often those responsible act with impunity and no one is held
accountable. The Representative recommends that member States:
(a)
Scrupulously respect their obligations under international human rights
law, international humanitarian law and international criminal law, including by
protecting their own population from arbitrary displacement by non-State actors;
(b)
Criminalize arbitrary displacement, especially to the extent that it
amounts to an international crime, and bring all perpetrators to justice, if necessary
by referring situations to the International Criminal Court or other special
mechanisms;
(c)
Prevent and mitigate disaster-induced displacement by adopting and
implementing early warning mechanisms and disaster risk reduction measures. States
should make reparation where authorities negligently fail to take all necessary and
reasonable measures to protect the population from natural or human made hazards;
(d)
Limit forced evictions to exceptional circumstances, ensure that all
relevant due process guarantees are respected and provide the evicted with adequate
compensation and alternative housing and livelihood opportunities.
GE.10-10161
21
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