A/HRC/4/38
page 4
freedom of movement as well as their access to social and educational services. The
Representative welcomes the fact that governmental authorities take this issue seriously but
notes, nevertheless, that this crisis is due mainly to the lack of adequate response to the needs of
IDPs by the Government and the international community, and also to the lack of knowledge of
the human rights of IDPs both on the part of the authorities and the displaced themselves.
6.
The Representative is of the view that the Government should urgently address the
difficulties faced by IDPs in Côte d’Ivoire and recommends therefore that it draft immediately,
in cooperation with the international community, a comprehensive strategy and a detailed plan of
action to respond to the challenges of internal displacement in the country. He also recommends
that the Government establish a coordination mechanism which would also serve as a focal point
for the international community on these issues. In addition, the identification of the displaced
persons and their needs should be done without delay in order to adopt adequate policies. In the
context of the electoral process, the Representative recommends that the necessary steps be taken
to ensure the full participation of IDPs without discrimination. Measures should also be taken to
facilitate the return in security and dignity of those who wish to do so. The Representative
recommends to the Forces Nouvelles that they create an environment allowing for the return of
IDPs in the zones under their control, in particular regarding the restitution of property of
displaced persons. Finally, the Representative recommends that the international community
assist the Government in formulating and implementing a policy and plan of action to respond to
the needs of the displaced population and to enhance coordination among humanitarian actors.
Colombia
7.
The Representative undertook a mission to Colombia from 15 to 27 June 2006
pursuant to the invitation of the Colombian Government. The mission followed up on two
previous missions by his predecessor, Francis Deng, in 1994 and 1999. Its objectives were to
assess the situation of internal displacement in the country; to advise the authorities on fulfilling
their responsibility to protect and assist displaced persons; and to make proposals to the
United Nations agencies and to all other relevant actors on how best to address the protection
needs of the displaced population. The Representative’s conclusions and recommendations on
the situation in Colombia are contained in addendum 3 to the present report
(A/HRC/4/38/Add.3).
8.
The Representative concluded that Colombia has developed far-reaching legislation and
policies on IDPs and commended the efforts made in responding to the humanitarian needs of
the IDPs. In his view, this legislation combined with the tradition of checks and balances, in
particular by the Constitutional Court, constitute a very good basis for promoting the rights of
IDPs. However, he noticed a significant gap between the law and its actual implementation,
resulting in a widespread neglect of the specific protection needs of the displaced. Moreover, the
scale of displacement demonstrates that the current legal mechanisms are not sufficient to
adequately address the problem of IDPs. He noted in particular that the registration system
suffers shortcomings, that a more differentiated approach to assist Afro-Colombian and
indigenous communities is needed and that efforts should be made to respond to risk assessments
made by representatives of the Ombudsman at the local level. The Representative therefore
concluded that the lack of consistent and coherent implementation of the laws and policies
affects the capacities of the internally displaced to effectively exercise their rights.
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