A/HRC/4/38 page 12 (a) the national authorities have established the conditions conducive to safe and dignified return or resettlement; (b) formerly displaced persons are able to assert their rights on the same basis as other nationals; (c) international observers are able to provide assistance and to monitor the situation of the formerly displaced; and ultimately, (d) the durable solution is sustainable. The benchmarks are presented in two sections. First are the processes through which durable solutions are determined to have been achieved, and second are the conditions that mark a durable solution to displacement. 40. Examples of “indicators of the processes” leading to durable solutions include: (a) The participation of IDPs, which includes (i) the right of IDPs to make an informed decision to remain where they are, to return to their home communities or to (re)settle elsewhere in the country; (ii) the need to ensure that full and appropriate participation on the planning for return or resettlement also includes women, minorities and others who may not have representation; (iii) the need to ensure that IDP representatives can undertake visits to assess the conditions for return or resettlement; and (iv) the reminder that coercion may not be used to induce or to prevent return or resettlement; (b) The role of national authorities where they must be encouraged to take appropriate measures to (i) consult with IDPs and ensure their full participation in decisions regarding their future; (ii) establish conditions as well as provide the means to enable IDPs to return or resettle voluntarily in safety and dignity and to facilitate the (re)integration of the returned or resettled IDPs; and (iii) grant and facilitate safe, unimpeded and timely access of humanitarian organizations and other relevant actors to assist IDPs to return or resettle. 41. “Conditions” that must be met for the individual IDPs include: (a) Physical safety and security; (b) Legal protection before the law, such as: (i) absence of discrimination of formerly displaced persons for reasons related to their displacement; (ii) full and non-discriminatory access to national and subnational protection mechanisms, including police and courts; (iii) access to personal documentation; (iv) access to property restitution or compensation mechanisms, regardless of whether they return or (re)settle; (c) Economic, social and cultural reintegration possibilities, such as the need to ensure (i) access to adequate standards of living, including shelter, food, water and other means of survival; (ii) family reunification; (d) Access to political rights by being able to exercise the right to participate fully and equally in public affairs. 42. As these draft benchmarks have been widely discussed in the international humanitarian and human rights community, they will be presented to the Inter-Agency Standing Committee (IASC) in March 2007. The benchmarks are expected to be widely used by the international humanitarian community and will ensure a more consistent approach by humanitarian agencies in deciding on when displacement ends than would be the case if each organization were to use its own criteria.

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