A/HRC/41/40 National human rights institutions should not be a substitute for State actors in the protection of human rights nor fulfil essential functions of government responsibility. They should constantly and publicly remind Government of its primary responsibility for the protection of all human rights, including those of IDPs. They are an essential safeguard and voice for IDPs, raising awareness of their civil and political rights and ensuring attention to critical economic, social and cultural rights, including the rights to food, shelter, health, education, housing, land and property, and progress towards durable solutions. 87. Human rights monitoring and intervention in displacement situations can be lifesaving. Internal displacement must be better understood as a human rights issue as well as a humanitarian priority. The application of rights-based approaches offers strong pathways for protection and solutions for IDPs across a wide variety of issues, based on the international normative framework of rights that States have voluntarily agreed to be bound by. Articulating more clearly the importance of human rights actors in humanitarian and displacement emergencies demands and justifies a clearer presence and stronger role for NHRIs, working alongside government, humanitarian and development counterparts as constant partners throughout all phases of displacement. Even when humanitarian partners withdraw, critical human rights issues remain and the presence of NHRIs should be ensured. 88. The interconnection between human rights, humanitarian action and sustainable development, as well as peace and security, and the desire for convergence from the earliest opportunity towards collective outcomes means that NHRIs are developing institutional expertise that is cross-cutting and assists them in establishing effective collaborations. Equally, institutions with humanitarian and development mandates will benefit from bringing human rights understanding and approaches more clearly into their work and operational activities. They can achieve this by strengthening their working relationships and collaboration with NHRIs prior to and during internal displacement situations. V. Recommendations 89. The Special Rapporteur makes the following recommendations. 90. National human rights institutions should: (a) Undertake studies and collect detailed human rights-focused information about IDPs and all causes of their displacement to fully inform their work; (b) Play a leadership role in advocating for and supporting the development of national laws, policies and practices based on the Guiding Principles on Internal Displacement. Such laws and policies could refer explicitly to the roles of NHRIs; (c) Undertake consistent law and policy implementation and enforcement efforts, including by monitoring, public reporting, providing legal assistance to victims and advocating with national and local authorities; (d) Remain engaged in all phases of displacement, from prevention through response, to the achievement of durable solutions, and establish systematic and longterm relationships with affected communities; (e) Establish internal expertise and capacity to respond effectively to internal displacement, including by establishing focal points and units at the central and local levels and increasing capacity in financing, logistics, technical issues and human resources; (f) Establish and strengthen partnerships with national, regional and international actors, including humanitarian and development partners, to build their human rights capacity, help make protection central to humanitarian action and enhance collaboration towards collective outcomes around internal displacement; (g) Establish and/or contribute to early warning systems and tools and prevention and preparedness mechanisms on internal displacement. A comparative study of existing mechanisms of NHRIs could be conducted to identify positive practices; 19

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