A/HRC/4/38
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(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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