38/39 Report of the Special Rapporteur on the human rights of internally displaced persons - Note by the Secretariat
Document Type: Final Report
Date: 2018 Apr
Session: 38th Regular Session (2018 Jun)
Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.18-05711(E)
Human Rights Council Thirty-eighth session
18 June–6 July 2018
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on the human rights of internally displaced persons
Note by the Secretariat
The Secretariat has the honour to transmit to the Human Rights Council the report of
the Special Rapporteur on the human rights of internally displaced persons, Cecilia
Jimenez-Damary. It provides a review of the progress achieved, the ongoing challenges and
the necessary actions to be taken by all stakeholders in the implementation of the Guiding
Principles on Internal Displacement, in the context of their twentieth anniversary.
United Nations A/HRC/38/39
Contents
Page
I. Introduction ................................................................................................................................... 3
II. Activities of the Special Rapporteur ............................................................................................. 3
Country visits conducted by the Special Rapporteur ..................................................................... 5
III. Twentieth anniversary of the Guiding Principles on Internal Displacement: an agenda for
strategic and joint action ............................................................................................................... 5
Experience of internal displacement ............................................................................................. 7
IV. National action to reduce internal displacement in line with the Guiding Principles
on Internal Displacement .............................................................................................................. 9
A. Incorporating the Guiding Principles into national law and policy ...................................... 9
B. Improving the evidence base and statistical resources .......................................................... 10
C. Raising awareness of human rights and the Guiding Principles ........................................... 11
D. Enhancing the role of national human rights institutions and civil society ........................... 12
V. Enhancing regional frameworks and action to support States affected by internal displacement . 12
VI. The role of the United Nations and the international community ................................................. 14
A. Promoting enhanced, immediate and joined-up action to effectively reduce internal
displacement ......................................................................................................................... 14
B. Increased use of the Guiding Principles on Internal Displacement by the United
Nations system ...................................................................................................................... 15
C. Encouraging and facilitating international solidarity and assistance .................................... 16
D. Continuing and enhancing training for government officials ............................................... 16
E. Establishing a resource centre/online resource for the Guiding Principles .......................... 17
F. Utilizing the Special Rapporteur as a key partner for States ................................................. 17
G. Establishing an international day for the protection of internally displaced persons ............ 17
VII. Conclusions ................................................................................................................................... 17
VIII. Recommendations ......................................................................................................................... 18
I. Introduction
1. The report of the Special Rapporteur on the human rights of internally displaced
persons is submitted in accordance with Human Rights Council resolution 32/11. The
report provides an overview of the activities undertaken by the mandate holder since her
previous report to the Human Rights Council in June 2017 (A/HRC/35/27). In addition, and
recalling the fact that 2018 marks the twentieth anniversary of the Guiding Principles on
Internal Displacement, the Special Rapporteur has dedicated the present report to a
consideration of the progress achieved, the ongoing challenges and the necessary actions to
be taken by States, regional actors, the United Nations and the international community to
better implement the provisions of the Guiding Principles in practice.
II. Activities of the Special Rapporteur
2. In its resolution 32/11, the Human Rights Council mandated the Special Rapporteur
to address internal displacement, in particular by mainstreaming the human rights of
internally displaced persons into all relevant parts of the United Nations system; working
towards strengthening the international response to internal displacement; engaging in
coordinated international advocacy and action to improve protection of and respect for the
human rights of such persons; and continuing and enhancing dialogue with Governments,
intergovernmental, regional and non-governmental organizations and other relevant actors.
3. The Special Rapporteur has continued to support the mainstreaming of the human
rights of internally displaced persons within the United Nations system and the wider
humanitarian community. Her participation in the Inter-Agency Standing Committee at the
level of Principal is proving essential in that regard, as it helps to ensure and enhance
collaborative approaches and strong links with key United Nations agencies, other
international organizations and civil society. In that regard, the Special Rapporteur took
part in the Principals meetings of the Committee in October 2017 and will do so in May
2018 as well.
4. The Special Rapporteur co-hosted, with the Office of the United Nations High
Commissioner for Refugees (UNHCR) and the International Institute of Humanitarian Law,
the thirteenth course on the law of internal displacement, held in October 2017 in San
Remo, Italy. The course continues to be an excellent opportunity to bring together
government authorities involved in the protection of internally displaced persons and the
Special Rapporteur intends to continue it as the flagship course of the mandate.
5. The Special Rapporteur also organized jointly with Swisspeace and the University of
Basel, an expert workshop on transitional justice and internal displacement in December
2017, which brought together scholars and practitioners working on internal displacement
and transitional justice. Participants discussed the current state of knowledge and identified
lessons learned, best practices and recommendations for improving policies and practices in
this field. It served as a platform for dialogue between the expert participants and the
Special Rapporteur, who has identified promoting the inclusion of internally displaced
persons in transitional justice processes as a core priority of her work. The findings from
the workshop will directly inform a thematic report on that topic to be presented to the
General Assembly in October 2018.
6. The Special Rapporteur also strengthened the engagement of her mandate with
national human rights institutions by attending the annual conference of the Global Alliance
of National Human Rights Institutions in February 2018, during which she organized a side
event examining the work of national human rights institutions with the Guiding Principles
and proposed that the scope of that work be expanded. In addition, a consultative workshop
was co-convened with UNHCR, the Global Alliance and the Office of the United Nations
High Commissioner for Human Rights (OHCHR) on 20 February 2018, to which selected
national human rights institutions were invited to exchange views and ideas on their
existing and potential roles in addressing internal displacement. The Special Rapporteur
also sent a questionnaire to all national human rights institutions to map their ongoing work
on internal displacement and identify good practices and opportunities. She sincerely
thanks those that responded and will study the information provided to inform her future
work and her annual report to the Human Rights Council in 2019, which will be dedicated
to the role of national human rights institutions in promoting and protecting the human
rights of internally displaced persons. Continuing her engagement with national human
rights institutions, during the biannual conference of the Asia Pacific Forum of National
Human Rights Institutions held in Bangkok in November 2017, the Special Rapporteur
facilitated a session on the impact of conflict on internally displaced persons and refugees
and the role of national human rights institutions. In September 2017, she was a panel
speaker at a meeting of the South-East Asia national human rights institutions held in the
Philippines and in August 2017, she was a keynote speaker at a national conference on
internal displacement organized by the National Commission on Human Rights of Mexico.
7. The Rapporteur further continued her engagement with supporting States and other
relevant stakeholders so as to include internally displaced persons in the broader
discussions on migration and in particular the negotiations on the global compact for safe,
orderly and regular migration. She sent out an open letter in March 2018 on the inclusion of
internally displaced persons in the global compact, in line with the New York Declaration
for Refugees and Migrants. The letter aimed to support Member States to reflect on
effective strategies while negotiating and implementing the global compact, in order to
ensure adequate protection and assistance for internally displaced persons and to prevent
and reduce such displacement in line with the Guiding Principles.
8. The Special Rapporteur led an inter-agency project entitled “Informing responses to
support durable solutions for internally displaced persons”, which aimed to measure
progress towards durable solutions in internal displacement contexts. The project was
implemented by the Joint IDP Profiling Service in collaboration with a broad group of
development, humanitarian and peacebuilding actors. This initiative was aimed at
operationalizing the Inter-Agency Standing Committee framework on durable solutions for
internally displaced persons by developing a set of agreed-upon indicators, tools,
methodologies and guidance for comprehensive yet practical approaches to durable
solutions in displacement situations. 1 In April 2018, the mandate and the Joint IDP
Profiling Service launched the outputs of the project, which stakeholders are encouraged to
use. The Special Rapporteur has also been an active member of the Expert Group on
Refugee and Internally Displaced Persons Statistics, contributing to the technical report on
internally displaced persons statistics, which was adopted by the United Nations Statistical
Commission at its forty-ninth session in March 2018.
9. The Special Rapporteur also continued to chair the Global Protection Cluster task
team on law and policy, supporting capacity-building and providing technical advice to
States that are in the process of developing such normative instruments.
10. The Special Rapporteur took part in a number of international and regional
conferences and events, including a session of the Parliamentary Assembly of the Council
of Europe in Strasbourg; a seminar on the African Union Convention for the Protection and
Assistance of Internally Displaced Persons (Kampala Convention) organized by the
International Committee of the Red Cross (ICRC) in Nairobi; a regional round table on the
domestication of the Kampala Convention co-hosted by the Government of Malawi and
ICRC in Lilongwe; a conference on the gender dimensions of internal displacement
organized by the Chairmanship of the Organization for Security and Cooperation in Europe
(OSCE) in Vienna; and a summit of the Association of Southeast Asian Nations (ASEAN)
on Security Council resolution 1325 (2000) on women and peace and security and on
women and internally displaced persons in Manila. The Special Rapporteur also continued
to participate as speaker and facilitator at events related to relevant policy research and
studies. They included the annual meeting of the Refugee Law Initiative in London; an
expert seminar on gender and special procedures on economic, social and cultural rights
held at the Geneva Academy of International Humanitarian Law and Human Rights; a
conference on the role of national human rights institutions in protecting human rights in
1 See the durable solutions indicator library, available from http://inform-durablesolutions-idp.org/.
South-East Asia organized by the Asia Centre in Bangkok; an ASEAN conference on the
prevention of violent extremism in Manila; an ICRC conference on armed conflict in urban
settings in Geneva; and a panel of the Geneva Academy on gang violence, also in Geneva.
Country visits conducted by the Special Rapporteur
11. In accordance with her mandate, the Special Rapporteur has consistently engaged
with States and has sought a constructive and transparent dialogue with them. She thanks
the many States that she has engaged with or visited for their cooperation. Since her
previous report to the Human Rights Council, the Special Rapporteur has conducted official
visits to the following countries: El Salvador (from 14 to 18 August, 2017, see
A/HRC/38/39/Add.1); Libya (from 25 to 31 January 2018, see A/HRC/38/39/Add.2) and
Niger (from 19 to 24 March 2018, see A/HRC/38/39/Add.3).
12. In addition, the Special Rapporteur also undertook working visits to Guatemala (19–
22 August 2017), Mexico (23–25 August 2017), Honduras (25–28 October 2017) and
Colombia (26 February–1 March 2018). In particular, the visit to Honduras was linked to
the Special Rapporteur’s participation in a regional conference on the Comprehensive
Regional Protection and Solutions Framework in San Pedro Sula, as a follow-up to the New
York Declaration for Refugees and Migrants, looking at the integration of internal
displacement issues into that process. In addition, she held meetings with relevant
stakeholders to look at the progress made on the recommendations resulting from the
previous official mission of the mandate holder to Honduras in 2015. Regarding her visit to
Colombia, the Special Rapporteur was part of a special procedures delegation taking part in
the 167th session of the Inter-American Commission on Human Rights. She took part in
several events, most importantly a public hearing on internal displacement in the Americas.
III. Twentieth anniversary of the Guiding Principles on Internal Displacement: an agenda for strategic and joint action
13. The Guiding Principles on Internal Displacement, presented to the Commission on
Human Rights in 1998, constitute the key international standard on internal displacement
worldwide. They provide a definition of an internally displaced person and set out their
rights to be protected and assisted before and during displacement and in their search for
durable solutions following displacement. They give national authorities the primary
responsibility for protecting internally displaced persons and clarify key principles relating
to humanitarian assistance by international and non-governmental bodies. The Guiding
Principles are highly authoritative, as they restate the rights of internally displaced persons,
as enshrined in international human rights and humanitarian law, and have been recognized
as an important framework for the protection of and assistance to internally displaced
persons. The recognition afforded by Heads of State and Government in the 2005 World
Summit outcome (General Assembly resolution 60/1) was subsequently confirmed by the
General Assembly on various occasions.
14. In 2018 the twentieth anniversary of the Guiding Principles will be marked. That is
an occasion to raise awareness of this global standard and of the plight of internally
displaced persons and to reflect on both the positive progress made and the challenges that
remain and are emerging. The anniversary is also a unique opportunity to forge a stronger
commitment for more strategic, concrete and joined-up action in order to more robustly and
effectively prevent internal displacement, enhance protection for internally displaced
persons and support durable solutions for them.
15. The Special Rapporteur consulted numerous partners at the national, regional and
international levels to seek their views, in particular on what needs to be done to further
promote implementation of the Guiding Principles. Her consultations with partners resulted
in expressions of interest to work more strategically and collaboratively on the phenomenon
of internal displacement in 2018 and beyond. It was therefore agreed that a “GP20” plan of
action would be developed in order to galvanize and support multi-stakeholder action
around the overarching goal of reducing internal displacement in line with the Guiding
Principles — that is to say, from prevention through to the achievement of durable solutions
for internally displaced persons. That reflects the goal set by the Secretary-General in his
Agenda for Humanity and is also in line with important State-endorsed agendas and
frameworks, such as the 2030 Sustainable Development Agenda.
16. In line with the focus of the plan of action at the national level and her own priorities,
the Special Rapporteur has encouraged all stakeholders (Governments, United Nations
agencies, international organizations, civil society and internally displaced persons
themselves) to organize and develop activities to mark the anniversary that are not “one-off”
events but that seek to promote new or ongoing initiatives, contributing to prevention,
protection and solutions for internally displaced persons, particularly in relation to
facilitating and strengthening the participation of internally displaced persons in processes
that affect them; promoting the development and implementation of laws and policies on
internal displacement; producing quality data and analysis on internal displacement
situations; and finally addressing protracted internal displacement and supporting durable
solutions for internally displaced persons.
17. In his foreword to the first edition of the Guiding Principles in 1998, the then Under-
Secretary-General for Humanitarian Affairs stated that “the humanitarian community is
increasingly aware of the crisis of internal displacement which affects over 20 million
people worldwide”. In his foreword to the second edition in 2004, the then Under-
Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator stated that
“over twenty five million people, in some fifty countries around the world, have been
uprooted within their country by conflicts and human rights violations”. As the twentieth
anniversary of the Guiding Principles is marked in 2018, it is telling and concerning that the
number of displaced persons has risen inexorably to over 40 million people living in
internal displacement as a result of conflict and violence.2
18. That number has nearly doubled since 2000 and annual increases to the global
displacement total have been in the millions, with some 6.9 million new internal
displacements owing to conflict and violence in 2016 alone. In addition, some 24.2 million
new displacements were caused by natural disasters in the same year. An increasing
number are locked into situations of protracted displacement, sometimes for years or even
decades. In 2014, more than 50 countries were reported to have people living within their
borders in protracted internal displacement for over 10 years. Those figures do not include
the millions worldwide estimated to be internally displaced by other causes, such as
national development projects. Given the number of ongoing conflicts without political
solutions and the continuing and increasing adverse effects of climate change, internal
displacement on this scale will be difficult to reverse.
19. Despite the critical progress made on enhancing protection and mobilizing a
coordinated and coherent response to internal displacement over the last 20 years, the
upward trend since the drafting of the Guiding Principles is disheartening. The Special
Rapporteur is clear that States and the international community must re-examine the causes
of this dramatic increase and do better to prevent them, first and foremost by using all
diplomatic means to prevent and resolve conflicts. In 2018, it is clear that the world is
facing a massive and neglected crisis of internal displacement and that addressing it must
remain one of the highest priorities, not only for affected States but for the international
community as well. Protection of the human rights of internally displaced persons must be
strengthened as lives, dignity and security are endangered and precariousness and
abnormality of life prevail among them.
20. Work is still required to build on elements of the Guiding Principles that have been
somewhat neglected. For example, they are clear on the prohibition of arbitrary
displacement in cases of large-scale development projects, which are not justified by
compelling and overriding public interest. In reality, displacement caused by development
projects affects millions annually and the protection of those internally displaced often falls
short of the standards required. Further understanding of those issues is required to ensure
2 Based on figures provided by the Internal Displacement Monitoring Centre. “New displacements”
may include individuals who have been displaced more than once.
that those at risk of displacement and those already displaced by development are protected
in conformity with the Guiding Principles and other human rights law and standards.
21. Equally, the Guiding Principles state that internally displaced persons may be forced
to flee their homes as a result of generalized violence and violations of human rights. In
some settings, there has been a reluctance to recognize such situations, frequently
characterized by dispersed individual or family displacements rather than mass movements.
The Guiding Principles recognize such persons as internally displaced and provide an
essential advocacy tool to encourage States to do the same. They have been instrumental in
such countries as Honduras, where gang-related violence has displaced tens of thousands as
a result of violence or the threat of violence, which has now been officially recognized.
Further progress is required in numerous other countries to ensure recognition and the
possibility for internally displaced persons to claim and enjoy their rights.
22. No country is immune from internal displacement and all can be affected by it,
either directly or indirectly. The Special Rapporteur urges that internally displaced persons,
who are frequently among the most vulnerable and marginalized and constitute over two
thirds of the forcibly displaced globally, are not neglected. The nexus between internal
displacement and cross-border movement is clear. Those who cross international borders as
asylum seekers, frequently begin their perilous journeys as internally displaced persons,
often fleeing conflict or violence. Too often they fail to find the protection, security,
assistance, livelihoods or durable solutions in their countries of origin that would enable
them to remain.
23. Consequently, it is imperative that internal displacement be understood, not only in
terms of a particular challenge facing a few States afflicted by conflict, violence or disaster,
or as an issue solely of the internal affairs of States, but as a regional and ultimately a
global issue that has implications for many countries. If the issue is to be resolved and
States helped to meet the challenge of reducing internal displacement, States affected by
internal displacement must improve their responses, be open to assistance and engage
constructively with those who are well placed to provide the necessary technical, policy and
practical guidance.
24. The present report considers the necessary steps that should be taken by States,
regional bodies, the international community and other stakeholders to achieve the
maximum possible outcomes for the Guiding Principles in improving responses to
displacement, protecting internally displaced persons and reducing internal displacement
through the achievement of durable solutions.
Experience of internal displacement
25. The Guiding Principles have helped to put internally displaced persons on
humanitarian, development and human rights agendas, identifying them as among the most
vulnerable persons globally. The Guiding Principles have clearly established that, having
faced extraordinary circumstances, resulting in them having to flee their homes while
remaining in their own countries, internally displaced persons constitute a special category
of those who require assistance to rebuild their lives and regain their dignity. That sets them
apart from other urban or rural poor and the Guiding Principles restate their rights in the
context of the numerous additional challenges that they face as a result of internal
displacement. They have helped to forge an understanding that internally displaced persons
should be protected and receive assistance and durable solutions, not as charity but as their
human right.
26. The Guiding Principles provide the basis for a human rights-based approach to
internal displacement. That is essential to shifting the discourse from one of national
sovereignty and internal policy to one of international human rights law obligations, for
which States can and should be held accountable. Emphasizing that the treatment of
internally displaced persons is rooted in the normative framework of human rights and
humanitarian law is vitally important. It helps the United Nations and the international
community to assist States, while also allowing them to be critical of States, where
necessary, when they fail in their human rights obligations towards internally displaced
persons.
27. In this twentieth anniversary year, it is important to look beyond the statistics to
elaborate on the actual lived experiences of those who experience internal displacement.
Each number constitutes the life of an individual. Without exception, the experience of
internal displacement is traumatic, life-changing and frequently life-threatening, and
accompanied by multiple challenges. Each person displaced has lost access not only to the
home that offered shelter from the elements, but also security, dignity, cherished
possessions, livelihoods, memories and a sense of belonging and community.
28. For children suffering internal displacement and the violence and human rights
violations often associated with it, the experience is particularly traumatic and confusing,
often leading to long-lasting psychosocial issues and difficulties that commonly go
untreated. Deprived of education, stability and routine often for months or years, it is no
exaggeration to speak of a lost generation of young people in some displacement situations.
Too often, displaced women and girls experience the further atrocity of sexual violence or
rape, exploitation or the threat of violence, sometimes even from those who should be
protecting them. There is increasing evidence that sexual violence against men and boys
during crises may also be far more widespread than was previously understood.3 While the
physical wounds may heal, the psychological and social impacts of displacement and
violence are often deep and require far greater attention.
29. Within the statistics, a multitude of challenges and vulnerabilities exist. For older
persons with strong ties to their homes and weaker coping mechanisms than the young, the
experience can be shocking and disorientating, as they find themselves in unfamiliar
surroundings. For those with disabilities, the experience brings immense new problems,
sometimes relating to their mobility or their ability to access basic assistance and services,
including food and the specialist health care or support they need. For those who may face
discrimination in daily life generally, such as minorities, indigenous peoples, or members of
the lesbian, gay, bisexual, transgender and intersex communities, displacement can
exacerbate the challenges and threats that they face and they may find themselves targeted,
marginalized or excluded from assistance.
30. Internally displaced persons frequently lose access to their livelihoods and must
begin again or acquire new skills. They often lose or are deprived of essential documents
that may restrict their access to assistance, services or opportunities. In some circumstances
they may fear contact with or lack trust in the authorities who have the responsibility to
assist them and prefer to seek anonymity. With incomes gone and resources quickly
dwindling, they may be reliant on humanitarian assistance or the generosity of host families
or communities or fall into negative coping strategies. Some join migrant routes or leave to
seek asylum. The impact of internal displacement can rapidly be felt by wider communities,
including those hosting internally displaced persons, who may also require assistance.
31. In 2018, the reality is that millions of internally displaced persons have been left
entirely to fend for themselves, often within hostile urban environments and frequently with
little or no knowledge of their rights or the expectation of assistance. Too often the support
required by these highly vulnerable individuals, families or communities, whose lives have
been devastated by internal displacement, is simply inadequate or absent altogether. In
other scenarios, the necessary support and humanitarian assistance are available; however,
over time, rather than supporting a process of recovery towards durable solutions, they do
not adequately adapt and evolve beyond the emergency assistance phase and leave
internally displaced persons trapped in a cycle of aid dependency.
32. Each year throws up new internal displacement situations, sometimes for authorities
who have not experienced displacement before, either as a result of conflict, climate change,
slow- or rapid-onset disasters, or other unexpected events. Recent experience of the
mandate has demonstrated the ongoing importance of the Guiding Principles, which
3 See UNHCR, “We keep it in our heart. Sexual violence against men and boys in the Syria crisis”
(October 2017), available from http://bit.ly/2ixGr1y.
provide a vital framework and guidance for responses. During visits undertaken by the
mandate to Honduras, northern Nigeria and Ukraine, for example, the authorities noted that
they had no experience of addressing internal displacement and relied heavily on support
from the international community. The Guiding Principles provided an immediate
authoritative basis for context-specific responses to be quickly developed.
33. It is also true that within internally displaced populations there exists great resilience,
resourcefulness, capacity and potential, the strength and determination to survive and to
recover. That has been demonstrated even in the most difficult circumstances and situations
of ongoing conflict, including in Iraq and the Syrian Arab Republic. Such elements should
not be taken for granted, but can and should be better harnessed and utilized in support of
the recovery of internally displaced persons. The Guiding Principles recognize that capacity
and urge that they be recognized as participants and partners in their own recovery and not
simply as beneficiaries.
IV. National action to reduce internal displacement in line with the Guiding Principles on Internal Displacement
A. Incorporating the Guiding Principles into national law and policy
34. For the Guiding Principles to become effective at the national level, it is essential for
them to be adopted into national law and policy frameworks. Despite important progress,
the majority of States coping with large-scale displacement still do not have national
internal displacement laws or policies and many of those displaced are unaware of their
rights. The situation is improving, as documented by the Global Protection Cluster task
team on law and policy, co-chaired by the Special Rapporteur and UNHCR. Authorities in
several countries have already developed domestic normative standards on the protection of
and assistance to internally displaced persons.4 That demonstrates a positive global trend of
national authorities increasingly expressing their commitment to implementing the Guiding
Principles and other supranational instruments.
35. Over 75 countries have some form of documents or processes relevant to internal
displacement, such as national laws, policies, decrees, protocols, strategies and action plans,
in place or in development. The Global Protection Cluster notes that countries respond to
internal displacement in a variety of ways, while a considerable number are using the
Guiding Principles or the Kampala Convention as points of reference in drafting national
laws and policies. Some develop legislation or implement policies that respond to existing
and specific situations. National Governments have made positive strides in addressing the
assistance and protection needs of internally displaced persons, but analysis reveals
substantive issues and challenges in terms of law and policy that require their sustained
attention.
36. States themselves have identified a significant need for technical support and
expertise in law and policymaking processes on internal displacement. Even where law
and/or policy exists, translating them into practice has proved a challenge. Some laws and
policies fail to include detailed provisions on implementation and monitoring, or the
institutional arrangements necessary for doing so. The absence of specific provisions
relating to durable solutions is also a common feature. Structural problems, weak
institutions, poor coordination and communication, and a lack of political will, funding and
other resources, are other obstacles. In some cases the adoption of national law and policy
experiences significant delays or political obstacles that can continue for years, impeding
implementation of standards and meaning that little difference is made to the lives of tens
of millions worldwide.
37. National laws and policy provide internally displaced persons with recourse to
national law to claim their rights in domestic courts or other national forums for victims.
4 See www.internal-displacement.org/law-and-policy.
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 Brookings-
London 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 Protecting Internally Displaced Persons: a Manual for Law and Policymakers, available at
www.unhcr.org/50f955599.pdf.
6 “National instruments on internal displacement: a guide to their development”, available at
www.ohchr.org/Documents/Issues/IDPersons/Law-and-policymaking_Guide-2013.pdf.
7 Available from www.unhcr.org/protection/idps/4c2355229/handbook-protection-internally-displaced-
persons.html.
8 See www.ohchr.org/Documents/Issues/IDPersons/OperationalGuidelines_IDP.pdf and
www.ohchr.org/Documents/Issues/Housing/Guidelines_en.pdf.
the authorities must act to protect internally displaced persons in accordance with other
human rights law and international humanitarian law, as relevant.
B. Improving the evidence base and statistical resources
43. Statistics are essential to providing a strong evidence base for action in all internal
displacement situations; however too often data is difficult to gather or is neglected. In
recent years significant progress has been made in data gathering and analysis of internal
displacement, inspired in part by greater recognition of the challenges emerging from the
Guiding Principles. This has been seen not only in the quantity of data, but also the quality
and range of data that is now collected and analysed. Profiling of internally displaced
persons to understand not only their numbers and basic data, but also much more in-depth
information about their circumstances, needs and protection issues, and their intentions and
wishes, has allowed authorities and others to deliver better responses for internally
displaced persons, more in tune with their expectations at all phases of displacement than
was previously the case.
44. Challenges to gathering data exist in all displacement situations and particularly
where displaced persons are not in camps, where internal displacement is highly dispersed
and widespread, or where people are displaced multiple times. Further progress is required
to assist national authorities. Among other key partners, the Joint IDP Profiling Service has
supported ground-breaking initiatives alongside national authorities and United Nations
partners to assist States in their efforts to quantify internal displacement and go beyond
numbers to provide detailed profiling that reveals the complex dimensions of the
displacement experience. It is helping to strengthen the capacity of national statistical
bodies to gather data and encouraging the development and use of essential indicators on
internal displacement to monitor progress towards durable solutions and ensure inclusion.
45. Recognizing the need to strengthen official statistics on internal displacement, in
2016 the United Nations Statistical Commission decided to establish an Expert Group on
Refugee and Internally Displaced Persons Statistics, comprised of participants drawn from
national authorities and statistical organizations as well as other technical experts (see
E/CN.3/2018/16). The expert subgroup on internal displacement, led by the Joint IDP
Profiling Service with the active participation of the mandate among other stakeholders,
produced a technical report outlining a way forward for the development of international
standards for official statistics on internally displaced persons, which will make an
important contribution and help to inform national authorities and others.9
C. Raising awareness of human rights and the Guiding Principles
46. If the potential and promise of the Guiding Principles are to be fulfilled, it is
essential to put them into the hands of the internally displaced to help them to know and
claim their rights. They are frequently not aware of their rights and of the obligations of the
relevant authorities to assist and protect them. As part of their obligations under
international human rights law, national authorities should inform their populations of their
rights and that is also true in regard to internally displaced persons. As part of the activities
for the twentieth anniversary of the Guiding Principles, the Special Rapporteur urges States
and other actors to undertake awareness-raising activities and information campaigns based
on them and in the context of the general human rights obligations of the State.
47. The mandate of the Special Rapporteur has made the Guiding Principles available in
49 languages, including minority languages.10 In some cases, radio programmes, theatre and
illustrated books have also been developed in order to disseminate them better. The Special
Rapporteur encourages national and local actors to translate them into additional languages
9 The technical report was adopted by the Statistical Committee at its forty-ninth session in March 2018
and is available from http://bit.ly/2GyycO8.
10 See www.ohchr.org/EN/Issues/IDPersons/Pages/Standards.aspx.
according to need. In some cases, innovative communication methodologies are required or
could be employed to make them accessible to a wider audience and bring them to the
attention of internally displaced persons, including those who are poorly educated or
illiterate and unaware of basic human rights. For example, translating the Guiding
Principles into Braille would make them more accessible to blind people or the visually
impaired. Empowering internally displaced persons, including women and those belonging
to vulnerable groups, to know and claim their rights is an obligation of all stakeholders, but
a factor which is often overlooked in the delivery of assistance and support.
D. Enhancing the role of national human rights institutions and civil
society
48. Human rights violations frequently precede or trigger internal displacement and
occur during or after displacement. As independent human rights bodies, national human
rights institutions have a critical role to play in promoting and protecting the human rights
of internally displaced persons.11 Countries where national human rights institutions have
played a prominent role in addressing internal displacement include Colombia, Kenya,
Mexico, Nigeria, the Philippines, Uganda and Ukraine.
49. Over the past years, national human rights institutions have adjusted their functions
to becoming more aware of the protection concerns of internally displaced persons and
more operational in advocacy on their behalf. They have become active in relevant
protection clusters and working groups, established institutional focal points and expanded
their presence in locations requiring protection monitoring. That has allowed them to gather
systematic data that can influence the actions of governmental and non-governmental actors.
With enhanced operational roles, they can be key stakeholders in the development and
implementation of legislation and policy.
50. Nevertheless, the role of national human rights institutions can be strengthened and
the Special Rapporteur has conducted a consultative process to examine how they work
with and on behalf of internally displaced persons to promote and protect their human
rights, in preparation for a report to be submitted to the Human Rights Council in 2019,
which will be dedicated to the topic. The objective is to encourage and assist national
human rights institutions to use the Guiding Principles in their work to promote and protect
the human rights of internally displaced persons.
51. Galvanizing civil society to play a role in encouraging national law and policy and
implementation of the Guiding Principles is an important goal. Civil society and volunteer
organizations are at the forefront of national responses to internal displacement and can be
active in promoting and disseminating the Guiding Principles and other relevant
information at the national and local levels, including in their interactions with internally
displaced persons and in languages used by them. They can play a vital and influential role
in advocating widely for the application of the Guiding Principles by national authorities
and international organizations and promoting their adoption through national legislation
and policy. Often with close contact with internally displaced persons, civil society
organizations can support training on the Guiding Principles for staff, for the displaced
themselves and for relevant authorities and partners.
V. Enhancing regional frameworks and action to support States affected by internal displacement
52. Regional human rights legal and policy frameworks on internal displacement offer
the possibility of a common normative framework that builds on the Guiding Principles but
recognizes and takes into account unique regional characteristics and challenges. As noted
by the Global Protection Cluster, regional frameworks can capitalize on lessons learned at
11 See, for example, “UNHCR engagement with national human rights institutions for IDP protection:
stocktaking exercise” (February 2016), available from www.refworld.org/docid/571a19194.html.
the national level and elevate them to the supranational level.12 They can provide a common
reference for situations such as conflict, violence or disasters that may not be confined to a
single country. If effectively implemented, they may not only be used to protect internally
displaced persons in one country, but can help to create the conditions for regional stability
and the fostering of collaboration. The Special Rapporteur has continued to engage with
regional bodies to encourage them to develop regional frameworks and strengthen their
ability to support and monitor States affected by internal displacement.
53. The Special Rapporteur highlights the example and leadership provided by the
African Union of attention paid to internal displacement at the regional level, resulting in
the adoption of the Kampala Convention in 2009 and its entry into force in December 2012.
The Convention was inspired and informed by the Guiding Principles and as of March 2018
had been ratified by 27 African States, with 40 out of 55 having signed it. The Special
Rapporteur will continue to engage closely with the African Union to benefit from its
experiences relating to internal displacement, encourage ratification of the Kampala
Convention by States which have not yet done so and support its implementation. The
convening of the inaugural conference of States parties to the Convention in Harare in 2017
was a further important step in that regard, which resulted in the establishment of a Bureau
of States parties and the adoption of an action plan to support the implementation of the
Convention. In early 2018, the African Union also adopted a model law on internal
displacement. The Special Rapporteur also recognizes the importance of the mandate of the
Special Rapporteur on refugees, asylum seekers and internally displaced persons,
established by the African Commission on Human and Peoples’ Rights in 2004.
54. Despite lacking specific binding regional standards, other regional human rights
bodies are nevertheless taking active measures to address internal displacement. For
example, recognizing the ongoing internal displacement in its member States, the
Committee of Ministers of the Council of Europe adopted recommendation CM/Rec
(2006)6, in which it agreed on a set of 13 recommendations regarding internally displaced
persons, building on the Guiding Principles and underlining the binding obligations
undertaken by member States of the Council. In the context of its response to the crisis in
Ukraine, the Council produced a publication entitled Protecting Internally Displaced
Persons under the European Convention on Human Rights and Other Council of Europe
Standards: a Handbook, which offers important guidance on the rights of internally
displaced persons and State obligations under Council of Europe and international
standards.
55. In addition, OSCE has recognized the Guiding Principles as a useful framework for
its work and the endeavours of participating States in dealing with internal displacement,
including in its general provisions on internally displaced persons.13 OSCE has actively
encouraged compliance with the Guiding Principles by its member States, frequently citing
them, including in the context of its work in Azerbaijan, Bosnia and Herzegovina, Georgia
and Ukraine.
56. The Organization of American States has also called upon its members to develop
legislation and national policies on internal displacement in line with international
standards.14 In 2012, to respond better to the multiple challenges of human mobility in the
region, the Inter-American Commission on Human Rights amended the mandate of the
Rapporteur on migrant workers and members of their families, established in 1996,
renaming it as the Rapporteur on the rights of migrants and including in the mandate the
requirement that specific attention be paid to internally displaced persons.
12 See UNHCR and the Internal Displacement Monitoring Centre, “Regulatory frameworks on internal
displacement: global, regional and national developments”, available at www.internal-
displacement.org/assets/publications/2016/UNHCR-GPC-Reg-Framework-IDP.pdf.
13 See http://bit.ly/2u318LL.
14 See resolution 2667 (XLI-O/11), 7 June 2011, available at www.oas.org/dil/esp/AG-RES_2667_XLI-
O-11_esp.pdf.
57. As testament to its concern over internal displacement, in 2015 the Inter-American
Commission published a report entitled Human Mobility: Inter-American Standards.15 The
Inter-American Court of Human Rights emphasized the relevance of the Guiding Principles
and the fact that many of them illuminate the reach and content of article 22 of the
American Convention on Human Rights relating to freedom of movement and residence in
the context of forced displacement. The Commission has taken action, including granting
precautionary measure to protect the lives and personal integrity of some forcibly displaced
person in countries such as Colombia and El Salvador. In February 2018, the Special
Rapporteur joined a public hearing on internal displacement in the Americas organized by
the Commission at the request of the national human rights institutions in the region.
58. Despite valuable regional initiatives, the Special Rapporteur considers that the
attention paid to internal displacement by regional bodies could be significantly
strengthened. She notes a tendency to rely on existing human rights norms, such as the right
to property, a home and family life, freedom of movement and residence, and protection
from discrimination, which, while applying equally to internally displaced persons, do not
fully capture or appropriately respond to their particular situations, vulnerability and human
rights challenges. Articulation of regional standards, such as the Kampala Convention,
essentially sets such rights explicitly in the context of internal displacement and provides
greater guidance for rights holders and duty bearers regarding human rights protection and
for solutions to be found.
59. The Special Rapporteur encourages regional human rights organizations and other
regional bodies to commemorate the twentieth anniversary by raising awareness of the
Guiding Principles at the regional level and among States. She hopes that activities will
inspire awareness of and encourage attention to be paid to internal displacement and
consideration of responses that are appropriate to unique national and regional contexts.
Such activities may include commemorative events, conferences or expert workshops,
convened by regional human rights bodies, to bring together stakeholders to discuss internal
displacement challenges, including those relating to such factors as climate change or slow-
onset disasters that have regional dimensions and implications.
VI. The role of the United Nations and the international community
A. Promoting enhanced, immediate and joined-up action to effectively
reduce internal displacement
60. The messages of “leave no one behind” and “reach the furthest behind first”, have
been central to the vision of the United Nations and the international community as it has
shaped global processes such as the new era of the Sustainable Development Goals and
targets and the Agenda for Humanity. It is clear that internally displaced persons are both
some of the furthest behind and among those at most risk of being left even further behind
by development policies that do not include them. In fact, the message and call for action in
the present report and in the context of the twentieth anniversary of the Guiding Principles,
also follow a similar call for action in the Agenda for Humanity, in which Member States
and international organizations are explicitly urged to take action to reduce internal
displacement by 2030 in a safe and dignified manner.
61. Equally, in the context of the Sustainable Development Goals, it has been explicitly
recognized that internally displaced persons constitute a category of the most vulnerable
people requiring particular attention and specific action to ensure that they are not left
behind by development action. Despite the lack of a Goal or target relating to internal
displacement, that vital recognition should ensure that States give the necessary attention to
internally displaced persons as they shape their own national targets and strategies to
achieve the Goals. Indeed, understanding internal displacement not only as a humanitarian
15 Available at www.oas.org/en/iachr/reports/pdfs/HumanMobility.pdf.
concern but as a human rights and development priority internationally and at the national
level is an essential component of achieving the goal of reducing internal displacement
through durable solutions.
62. The Guiding Principles envisage a collective and holistic response to internal
displacement that involves Governments as the primary duty bearers and humanitarian and
development agencies coming together from the outset of displacement on the basis of
collective goals and outcomes. Inspired by the Guiding Principles, the Inter-Agency
Standing Committee framework on durable solutions elaborates on the need for
development actors and approaches to meet the challenges of internal displacement.
Important steps are being taken to achieve the engagement of development actors in
practice, while much more remains to be done in that respect and it will be vital to move
towards a culture of collective outcomes.
63. The “New Way of Working” 16 was based on the overwhelming message from
stakeholders at the World Humanitarian Summit, who identified the need to strengthen
humanitarian-development cooperation and overcome long-standing attitudinal,
institutional and funding obstacles. Transcending the humanitarian-development divide by
working towards collective outcomes was widely supported by donors, non-governmental
organizations (NGOs) and crisis-affected States. The New Way of Working frames the
work of development and humanitarian actors, along with their national and local
counterparts, in support of collective outcomes that reduce risk and vulnerability and serve
as instalments toward the achievement of the Sustainable Development Goals.17 Promoting
localized responses and empowering victims and NGOs, as envisaged under the New Way
of Working, also has the potential to create new dynamics of support and innovative new
recovery initiatives for internally displaced persons.
64. The New Way of Working, as envisaged by the humanitarian and development
community in partnership with the United Nations and national authorities, can help to
achieve significant progress in meeting the challenge of reducing internal displacement in
line with the Guiding Principles. A key element of that change is to engage affected persons
differently, for them to be more than passive beneficiaries but rather active agents and
partners in their own recovery, building on their existing capacities, skills, resilience and
coping mechanisms, and their potential for recovery when empowered to do so. Based on a
detailed knowledge of the situation, needs and capacities of internally displaced populations
derived from enhanced profiling methodologies, humanitarian and development funds and
resources should be employed to support resilience and recovery programmes, and break
the cycle of aid dependency.
65. There is a need to better leverage existing international policy agendas and
commitments in favour of internally displaced persons. In recent years the issue of internal
displacement has featured in several policy agendas and frameworks, including the 2030
Agenda on Sustainable Development, the Sendai Framework for Disaster Risk Reduction
2015–2030, the twenty-first Conference of the Parties to the United Nations Framework
Convention on Climate Change, the New Urban Agenda, the New York Declaration for
Refugees and Migrants and global compacts on refugees and migrants, and the Secretary-
General’s agenda on the protection of civilians in armed conflict, among others. However,
further impetus is needed to translate the many affirmations and commitments on internally
displaced persons made in these forums into concrete progress on the ground and to
maintain and enhance the momentum built around these processes.
16 See www.agendaforhumanity.org/sites/default/files/20170228%20NWoW%
2013%20high%20res.pdf.
17 See www.unocha.org/sites/unocha/files/NWOW%20Booklet%20low%20res.002_0.pdf.
B. Increased use of the Guiding Principles on Internal Displacement by
the United Nations system
66. The United Nations system has an important role to play in promoting and
advocating for the implementation of all international human rights law and standards,
including the Guiding Principles. While they do not constitute treaty or hard law, they are
nevertheless universally recognized as the core international standard on internal
displacement, based on international human rights and humanitarian law, and consequently
should be proactively promoted by the United Nations system.18 Indeed, as a standard that
encompasses human rights, humanitarian and development concerns and actors, there is a
unique opportunity for the United Nations system to speak with one voice about the value
of the Guiding Principles for the protection of internally displaced persons globally.
67. The Guiding Principles are frequently cited and actively used by United Nations
agencies, such as UNHCR, the United Nations Development Programme and the United
Nations Children’s Fund, which have incorporated them into their policy and operational
guidelines with regard to internal displacement and disseminated them among their staff.
Equally, the treaty bodies and other human rights mechanisms that monitor the
implementation of the human rights conventions by States parties, such as the Human
Rights Committee or the Committee on the Rights of the Child, have also referred to the
Guiding Principles in their observations to States. The Special Rapporteur welcomes the
efforts undertaken in this respect and hopes to maintain and enhance the attention given to
the Guiding Principles across the United Nations system in this twentieth anniversary year
and beyond.
68. OHCHR is encouraged to strengthen its presence and activities in humanitarian and
internal displacement crises and bring much-needed human rights monitoring and
implementation expertise to them, including in the context of protection clusters. Its
presence and strengthened engagement in the issue of internal displacement would
significantly enhance the capacity of the United Nations to address human rights concerns
affecting internally displaced persons.
C. Encouraging and facilitating international solidarity and assistance
69. The Special Rapporteur considers that much more can be done to build solidarity
across and between States, with the objective of better responding to displacement crises
and reducing internal displacement. Numerous States have a vast wealth of experience in
dealing with internal displacement that could be of great value to others. Other States need
rapid access to technical assistance and would benefit from access to the effective practices
of those with experience in all aspects of responding to internal displacement. Some
valuable experiences of solidarity and assistance across States have demonstrated the value
of such exchanges, including for example the Government of Georgia sharing its
experiences with Ukraine to assist the latter in its responses.
D. Continuing and enhancing training for government officials
70. The annual course on the Law on Internal Displacement in San Remo, Italy, is
organized by the International Institute for Humanitarian Law in cooperation with the
Special Rapporteur and UNHCR. It is designed for government officials and the personnel
of NGOs responsible for and dealing with issues relating to internally displaced persons. It
responds to the increasing demand for information on and understanding of internal
displacement and the applicable law. It includes lectures, case studies, simulations and
practical exercises led by experts. Its objectives are to increase understanding of the
international norms underpinning the protection of internally displaced persons; encourage
18 See Walter Kälin, “How hard is soft law? The guiding principles on internal displacement and the
need for a normative framework”, presentation at the City University of New York Graduate Centre
(December 2001).
sharing of experiences regarding international implementation and monitoring mechanisms;
promote the use and implementation of the Guiding Principles; and encourage
Governments to establish or improve existing legislation and policies.
71. The training has proved to be an important opportunity for advocacy, relationship-
building with and between national decision makers and confidence-building. Participants
are able to identify the rights of internally displaced persons and the corresponding
obligations that Governments and other involved actors have; identify policy needs and
gaps for an appropriate response; propose national mechanisms, both for implementing the
protection of internally displaced persons and for monitoring; and draw up a national action
plan for legislation and policy implementation in accordance with the national framework.
72. Innovative initiatives should be considered to potentially increase the availability
and effectiveness of such internal displacement training. New initiatives, based on
appropriate funding and resources, could include regional versions of the training course in
collaboration with regional organizations such as the African Union or the Inter-American
Commission on Human Rights. For example, by utilizing “training of trainers” modalities,
a permanent training capacity might be established in different regions. Supported online
versions of the training course could also be made available based on distance-learning
methodologies, which would make it available to a much wider number of participants in
all regions at limited cost.
E. Establishing a resource centre/online resource for the Guiding
Principles
73. Providing greater visibility to the Guiding Principles and related resources has been
and continues to be a key objective of the mandate of the Special Rapporteur generally and
in the particular context of the twentieth anniversary. The Special Rapporteur considers that
a dedicated online resource for the Guiding Principles would be valuable in that respect and
she will work with key stakeholders to develop such a resource. She envisages that this
could function as a “living” rather than static resource that also provides a platform for
development and the sharing of information, resources, effective practices and comments
with regard to internal displacement.
F. Utilizing the Special Rapporteur as a key partner for States
74. The Special Rapporteur strongly encourages States and other stakeholders to utilize
her mandate as a means of assisting them in their responses to internal displacement and to
implementing the Guiding Principles. Since its inception, the mandate has conducted over
60 official visits to countries affected by internal displacement in all regions. It has also
developed the practice of conducting working and follow-up visits to initiate contact and
continue to engage with national authorities, United Nations presences and other
stakeholders in countries affected by displacement. In the context of such visits, the
mandate has provided detailed analysis and informed recommendations to States and others
to help them to implement the Guiding Principles in practice.
75. The Special Rapporteur wishes to continue and strengthen her engagement with
States as part of her commitment to being a consistent and valuable partner for them. In that
regard, she urges States to respond favourably to her requests to conduct official country
visits, which are conducted in a spirit of constructive engagement. She also stands ready to
provide technical assistance and advisory services, including in the areas of law and policy,
relating to specific requests for assistance by States and other stakeholders.
G. Establishing an international day for the protection of internally
displaced persons
76. The Special Rapporteur proposes the establishment of an international day for the
protection of internally displaced persons in recognition of their plight globally and the
need for concerted action to prevent and reduce internal displacement. That would enable
the United Nations, States affected by displacement and other stakeholders worldwide to
organize an annual series of awareness and advocacy events at the international, national
and local levels, and encourage the participation of internally displaced persons. Such a day
would bring much-needed attention to them, most importantly within national contexts, and
help to motivate concrete action on their behalf. Similar to international days on refugees
and on migrants, this would also be an important demonstration of the concern about and
commitment of the international community to the protection of internally displaced
persons and would be a fitting way to mark the twentieth anniversary of the Guiding
Principles.
VII. Conclusions
77. No country is immune from internal displacement and all can be directly or
indirectly affected by it, as evidenced by the number of affected countries in 2018. The
Guiding Principles are more important than ever in helping to prevent and reduce
internal displacement and in guiding and informing national and collective responses
to it. It is clear that action is required at all levels to reduce internal displacement and
protect against it. All States should be aware of and, where necessary, actively
implementing the Guiding Principles and the tools that it has inspired, including in a
preventative capacity. New and evolving challenges of displacement caused by the
adverse effects of climate change, slow-onset disasters or development mean that ever
more communities are exposed to internal displacement and more countries and
regions must build the capacity to respond.
78. As the international community focuses much needed attention on refugees and
migrants in the context of the global compacts, it is essential that it also significantly
enhances the attention it pays to reducing internal displacement in line with the
Guiding Principles, recognizing that preventing internal displacement, enhancing
protection and achieving durable solutions for internally displaced persons can also
help to meet some of the challenges linked to cross-border population movement. This
can be done, not by restricting freedom of movement, violating the right of people to
claim asylum, or strengthening border or immigration controls, but rather by
delivering real and effective progress towards the recovery of internally displaced
persons, returning essential dignity to them and offering hope for the future in their
country of origin. The Guiding Principles provide a framework for those vital
elements to be realized in practice with benefits for all.
79. The Guiding Principles are vital to helping to forge a common global agenda to
reduce internal displacement, which is currently missing. That must be based on
international, regional and national recognition of the immense challenges of internal
displacement and an understanding that implementing the Guiding Principles and
ensuring the rights of internally displaced persons can help to overcome them. States,
as primary duty bearers, must incorporate them domestically and implement them
based on national and specific displacement contexts. However, it must be recognized
that they constitute a minimum standard and should be adhered to in good faith and
with the highest priority given to fulfilling human rights and achieving durable
solutions.
80. Implementation of the Guiding Principles not only benefits internally displaced
persons, it works for the benefit of the wider society and can be an important
component of conflict resolution, social cohesion, stability and peacebuilding
initiatives. Violence and the resulting internal displacement can cleave societies along
ethnic, religious or other identity lines, creating or enhancing divisions, as some
communities are forced from their homes. Where internally displaced persons are
provided with appropriate durable solutions and included in post-conflict processes,
tensions and grievances are less likely to grow. The Guiding Principles can be an
important component of transitional justice processes aimed at healing the wounds of
States or regions affected by conflict.
81. Political will, leadership and good governance at all levels, including what is
needed to prevent and stop conflicts, are essential components in reducing internal
displacement and implementing the Guiding Principles. Without such a commitment
to action, the numbers of internally displaced persons will continue to rise inexorably
in all regions and the internal displacement crisis will deepen and extend. Numerous
States have shown the necessary vision and demonstrated such leadership and good
governance in their responses to internal displacement. Their examples should be
highlighted in this anniversary year and demonstrate that national authorities who
adhere to the Guiding Principle, are able to heal and include all in society — truly
leaving no internally displaced person behind.
VIII. Recommendations
82. The Special Rapporteur makes the following recommendations to States,
particularly those affected by internal displacement. On the occasion of the twentieth
anniversary of the Guiding Principles on Internal Displacement, States should
undertake national level activities and initiatives to enhance protection for internally
displaced persons and prevent and resolve internal displacement. Such activities may
include:
(a) Reviewing national legal, policy and institutional frameworks to assess
their functions, progress and achievements against the Guiding Principles on internal
displacement;
(b) Ensuring that internally displaced persons are included in all relevant
decision-making and national processes, including in relation to the Sustainable
Development Goals;
(c) Initiating a national action plan for internally displaced persons with the
objective of achieving durable solutions within established time frames;
(d) Ensuring that internal displacement issues are addressed in national and
local development plans;
(e) Undertaking a programme of consultations and participatory measures
to review the situation, needs and expectation of internally displaced persons;
(f) Convening conferences, seminars and other platforms, in collaboration
with civil society and other national and international stakeholders, for local and
national dialogue, including the full participation of internally displaced persons;
(g) Undertaking awareness-raising and promotional campaigns relating to
the human rights of internally displaced persons;
(h) Making or renewing national commitments to achieving durable
solutions for internally displaced persons, including for those in situations of
protracted displacement;
(i) Considering preparatory, early warning and risk management processes
and mechanisms relating to internal displacement;
(j) Considering inviting the Special Rapporteur to conduct an official visit
to engage in dialogue on internal displacement challenges;
(k) Translating the Guiding Principles into national and local or minority
languages;
(l) Undertaking the training of relevant officials on internal displacement;
(m) Contributing to regional activities and solidarity and experience-sharing
initiatives aimed at sharing effective practices in response to internal displacement;
(n) Establishing a national day for internally displaced persons.
83. The United Nations and the international and donor community should:
(a) Designate an international day for internally displaced persons in
recognition of their plight and the global challenges they present and as an expression
of dedication to addressing and resolving all internal displacement situations and
supporting affected States;
(b) Continue to give the necessary attention to the situation of internally
displaced persons, including in the context of the global compacts on migrants and
refugees;
(c) Ensure that internally displaced persons are fully taken into account in
international policy development, including that relating to the New Way of Working
in the context of humanitarian and development responses to crises;
(d) Commit to increasing the funding and resources available to
humanitarian and development responses to internal displacement across all
humanitarian sectors, including early recovery;
(e) Consider convening a high-level international conference or similar
global event focused on internal displacement, in recognition of the crisis affecting all
regions and the likelihood of increased internal displacement due to the future impact
of such factors as climate change and slow-onset disasters;
(f) Establish, potentially under the auspices of the Special Rapporteur, a
platform for solidarity of States affected by internal displacement;
(g) Develop and maintain an online resource dedicated to internal
displacement including relevant law, policy, tools and guidelines, and examples of
good practices.
84. Civil society organizations and associations of internally displaced persons
should be encouraged and supported to participate in the promotion of activities
assisting internally displaced persons based on the Guiding Principles.
85. National human rights institutions should enhance their awareness-raising and
human rights monitoring activities, including with internally displaced persons.