A/HRC/38/39 However, existing national laws often fail to address the specific needs and vulnerabilities of internally displaced people, allocate clear responsibilities to competent authorities at the national and local level, or provide a sound basis for making adequate resources available. Recognizing that the Guiding Principles are based on and informed by international human rights law means that incorporating them into national law should be seen by Governments as a further domestic articulation of their human rights obligations and an essential component of the good governance of internal displacement. 38. The Special Rapporteur recognizes that every State and internal displacement situation is different and that there is no “one-size-fits-all” solution for responding to internal displacement. However, assisting States to develop national law and policy is an effective way for the international community, the United Nations and other appropriate stakeholders, including the Special Rapporteur, to provide practical assistance to States in shaping their own national laws and policy. In that regard, resources inspired and informed by the Guiding Principles can be helpful to States and others as they shape national law and policy. 39. Those sources include the Brookings-Bern project on internal displacement, which published a manual in 2008 aimed at providing guidance for national authorities seeking to prepare and enact domestic legislation and policies addressing internal displacement. 5 In addition, a 2013 study by the Internal Displacement Monitoring Centre and the BrookingsLondon School of Economics project on internal displacement furthered the practical approach to assisting States to use the Guiding Principles. 6 40. The Guiding Principles have helped to inspire other important tools and resources, such as the 2010 Inter-Agency Standing Committee framework on durable solutions for internally displaced persons. As articulated in the Guiding Principles, internally displaced persons have a right to a durable solution and this key framework clearly elaborates on that right, the responsibilities of national authorities and the role of humanitarian and development actors to assist in the search for durable solutions. The framework elaborates at length on the substance and requirements for action. The Guiding Principles further informed the principles on housing and property restitution for refugees and displaced persons, which elaborate on this specific area of rights. 41. The Guiding Principles also informed the Handbook for the Protection of Internally Displaced Persons, which goes beyond law and policy measures to provide practical tools and guidance for humanitarian and development actors, including national authorities, on how to operationalize protection and provide effective protection responses in situations of armed conflict.7 Equally, the Inter-Agency Standing Committee operational guidelines on the protection of persons in situations of natural disasters and the 2007 basic principles and guidelines on development-based evictions and displacement provide guidance on addressing the human rights implications of development-linked displacement.8 42. It is clear that national authorities should address issues of internal displacement as a whole and acknowledge internally displaced persons as highly vulnerable populations, requiring dedicated policy and programme responses. However, recognizing the diversity of challenges and experiences that exist within internally displaced populations, it is also necessary for national authorities to consider those issues through other and complementary human rights lenses and national obligations. They include the commitment of the State to protect the rights of the child, the rights of women, older persons, persons with disabilities and in certain cases, minority or indigenous rights, as they intersect with internal displacement situations. Even where no specific internal displacement law or policy exists, 5 6 7 8 10 Protecting Internally Displaced Persons: a Manual for Law and Policymakers, available at www.unhcr.org/50f955599.pdf. “National instruments on internal displacement: a guide to their development”, available at www.ohchr.org/Documents/Issues/IDPersons/Law-and-policymaking_Guide-2013.pdf. Available from www.unhcr.org/protection/idps/4c2355229/handbook-protection-internally-displacedpersons.html. See www.ohchr.org/Documents/Issues/IDPersons/OperationalGuidelines_IDP.pdf and www.ohchr.org/Documents/Issues/Housing/Guidelines_en.pdf.

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