A/HRC/13/21
for the protection of internally displaced persons”, a recognition subsequently echoed by
the Human Rights Council and the General Assembly.2 Most recently, the General
Assembly recognized that “the protection of internally displaced persons has been
strengthened by identifying, reaffirming and consolidating specific standards for their
protection, in particular through the Guiding Principles on Internal Displacement”.3 There
are some indications that the Guiding Principles are emerging as customary law, providing
a binding interpretation of the international legal norms upon which they are based.4
12.
Regional and subregional organizations are increasingly shaping normative
frameworks, building on the Guiding Principles. Africa has made the greatest advances,
being the only region which has binding instruments specifically protecting internally
displaced persons. The Great Lakes Protocol on Protection and Assistance to Internally
Displaced Persons obliges 10 member States to incorporate the Guiding Principles into
their domestic law.
13.
In October 2009, the African Union (AU) Special Summit of Heads of State and
Governments adopted the Convention for the Protection and Assistance of Internally
Displaced Persons in Africa (Kampala Convention), the first internal displacement-specific
convention covering an entire region. This historic document, to the development of which
the Representative contributed, sets out obligations for States parties, the AU and
humanitarian agencies in relation to all phases of displacement and had already been signed
by 17 States when this report was finalized.
14.
Other regional organizations have adopted recommendations and resolutions for the
protection of and assistance to internally displaced persons that reference the Guiding
Principles.5 The Representative encourages the development of regional normative
frameworks in line with the Guiding Principles since they allow member States to address
the specific patterns of internal displacement in their regions.
15.
The Representative is particularly pleased to report that he has been able to assist a
number of member States in developing laws and policies on internal displacement,
including Georgia, Nepal, Turkey and Sudan. The Representative stands ready to continue
2
3
4
5
GE.10-10161
2005 World Summit Outcome, General Assembly resolution 60/1, para. 132; Human Rights Council
resolution 6/32, para. 5; General Assembly resolution 62/153 (2008), para. 10; 64/162, para. 11.
General Assembly resolution 64/162 , tenth preambular paragraph.
The National Policy on Displacement of Iraq declares that the Guiding Principles have become “part
of international law”. Iraq National Policy on Displacement (July 2008), section 5, para. 3. The
Government of Germany has taken the position that the Guiding Principles “can by now be
considered to be international customary law”, see Achter Bericht der Bundesregierung über ihre
Menschenrechtspolitik in den auswärtigen Beziehungen und in anderen Politikbereichen, p. 150.
See Council of Europe recommendation (2006) 6 of the Committee of Ministers to member States on
internally displaced persons (adopted on 5 April 2006); recommendation 1631 of the Parliamentary
Assembly on Internal Displacement in Europe (adopted on 25 November 2003); resolution 1877
(2009) of the Parliamentary Assembly entitled “Europe’s forgotten people: protecting the human
rights of long-term displaced persons” (adopted on 24 June 2009). Economic Community of West
African States (ECOWAS), Lomé Declaration on Climate Change and Protection of Civilians in West
Africa (adopted 16 September 2009); Intergovernmental Authority on Development (IGAD),
Khartoum Declaration of the Ministerial Conference on Internally Displaced Persons in the IGAD
Sub-Region (adopted 2 September 2003); Organisation Internationale de la Francophonie,
Declaration de Saint-Boniface, adopted at the Ministerial Conference on the prevention of conflict
and on human security, Canada (13–14 May 2006); Organization of American States, General
Assembly, AG/RES 2508 (XXXIX-0/09) on Internally Displaced Persons (2009); Organization for
Security and Cooperation in Europe (OSCE), Ministerial Council decision No. 4/03 on Tolerance and
Non-Discrimination (December 2003).
5
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