A/HRC/4/38
page 11
II. PROMOTING AND DEVELOPING THE NORMATIVE FRAMEWORK
35.
Pursuant to his mandate, the Representative has been actively promoting and supporting
efforts to strengthen the normative framework for the protection of the human rights of the
internally displaced persons.
A. Benchmarks on durable solutions
36.
In this regard, the Representative presented the Under-Secretary-General for
Humanitarian Affairs and Emergency Relief Coordinator, Jan Egeland, with a conceptual
framework containing criteria benchmarks to help determine how and when IDPs are no longer
to be considered as displaced in need of assistance or protection. This initially seemed a
relatively straightforward task as the Guiding Principles on Internal Displacement had been
finalized and included a framework for determining displacement and related needs.
37.
However, in the course of an inclusive consultative process, it became clear that the
ending of internal displacement is a complex process which usually does not end at a specific
point in time in the same way that refugee status does through a cessation clause. Rather, ending
displacement is a process through which the need for particular assistance and protection
diminishes. Sometimes, for long periods after return, those who have been displaced may find
themselves in markedly different circumstances and with different needs than those who never
left their home communities. Even in the context of a durable peace agreement, insecurity may
continue to pose problems for uprooted populations, particularly if there are resentments and
conflicts between returnees or resettled populations and the already resident population.
Sometimes, human rights problems faced by returnees that are linked to their having been
displaced, such as lack of documentation, violation of property rights, lack of access to justice, or
discrimination, may linger on, years after the humanitarian crisis that had made the presence of
international humanitarian agencies necessary has ended. Thus, it may be necessary to
distinguish between the time when assistance and protection by international humanitarian
organizations is no longer needed and the issue of continuing protection and assistance needs of
IDPs that must be met by the Government concerned. Indeed, persons no longer considered
internally displaced by the international community may have protection and assistance needs
requiring attention by their Government.
38.
Therefore, it was decided that it would be appropriate to develop benchmarks to assist
international agencies, NGOs and IDPs themselves to determine whether durable solutions to
internal displacement have been found and, if not, to identify what is still required towards
reaching that goal. Such benchmarks would also help humanitarian organizations with specific
mandates for assisting and protecting IDPs to determine if an individual’s displacement remains
a reason for garnering special attention or whether the needs they have should be addressed by
other actors - for example, development agencies or national agencies in a more comprehensive
community-based approach.
39.
To determine whether and to what extent a durable solution has been achieved it is
necessary to examine both the processes through which solutions are found and the actual
conditions of the returnees/resettled persons. In general, it is important to consider whether
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents