40/26 Summary of the panel discussion on the human rights of internally displaced persons in commemoration of the twentieth anniversary of the Guiding Principles on Internal Displacement - Report of the Office of the United Nations High Commissioner for Human Rights
Document Type: Final Report
Date: 2018 Dec
Session: 40th Regular Session (2019 Feb)
Agenda Item: Item2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General, Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.18-22017(E)
Human Rights Council Fortieth session
25 February–22 March 2019
Agenda items 2 and 3
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the High
Commissioner and the Secretary-General
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights
including the right to development
Summary of the panel discussion on the human rights of internally displaced persons in commemoration of the twentieth anniversary of the Guiding Principles on Internal Displacement
Report of the Office of the United Nations High Commissioner for
Human Rights
Summary
The present report, submitted pursuant to Human Rights Council decision 35/101,
provides a summary of the panel discussion on the human rights of internally displaced
persons in commemoration of the twentieth anniversary of the Guiding Principles on
Internal Displacement. The discussion was held on 26 June 2018, at the Council’s thirty-
eighth regular session. The report contains a summary of the conclusions drawn from the
panel discussion in relation to using the momentum generated by the twentieth anniversary
of the development of the Guiding Principles to further the promotion and protection of the
human rights of internally displaced persons.
United Nations A/HRC/40/26
I. Introduction
1. In its decision 35/101 of 22 June 2017, the Human Rights Council, disturbed by the
alarming scale, complexity and protracted nature of internal displacements throughout the
world, and noting that 2018 would mark the twentieth anniversary of the Guiding Principles
on Internal Displacement, decided to convene a panel discussion on the human rights of
internally displaced persons in commemoration of the twentieth anniversary of the Guiding
Principles, with a particular focus on their application and on achievements, best practices
and challenges in that regard, as well as on recommendations to meet those challenges.
2. The panel discussion was chaired by the President of the Human Rights Council,
Vojislav Šuc, and moderated by the Special Rapporteur on the human rights of internally
displaced persons, Cecilia Jimenez-Damary. The Director of the Human Rights Council and
Treaty Mechanisms Division of the Office of the United Nations High Commissioner for
Human Rights (OHCHR), Adam Abdelmoula, and the Assistant High Commissioner for
Protection of the Office of the United Nations High Commissioner for Refugees (UNHCR),
Volker Türk, gave opening statements. The Federal Minister for Europe, Integration and
Foreign Affairs of Austria, Karin Kneissl, was excused. The panellists were the
Commissioner and Special Rapporteur on refugees, asylum seekers, migrants and internally
displaced persons of the African Commission on Human and Peoples’ Rights, Maya Sahli
Fadel, the Undersecretary for Human Rights of Honduras, Alba Marcela Castañeda, and the
Ambassador Extraordinary and Plenipotentiary and Permanent Representative of Fiji to the
United Nations Office at Geneva, Nazhat Shameem Khan.
3. During the ensuing discussion, contributions were made by representatives of 23
States and the European Union, 1 international organization, the Global Alliance of
National Human Rights Institutions and 5 non-governmental organizations (NGOs).
II. Summary of the opening statements
4. In his opening statement, the Director of the Human Rights Council and Treaty
Mechanisms Division of OHCHR stressed that human rights were critical to a shared
understanding of the complex drivers of internal displacement. While the impact of
displacement was indiscriminate, people already in vulnerable situations were at the
greatest risk of being displaced and of suffering additional harm as a result. He noted that
the Guiding Principles, which reflected and were consistent with international human rights
law, remained the standard for the protection of internally displaced persons and that as
citizens, those displaced, irrespective of the causes of displacement, were entitled to call on
the duty of care of their Government, without exception or discrimination.
5. The Director highlighted links between internal displacement and cross-border
movement, indicating that the two frequently shared common drivers and that internally
displaced persons should therefore be considered part of the bigger migration challenge.
Further analysis of the links between violations of economic, social, cultural, civil and
political rights and migration was needed. He insisted on the need to address the factors that
propelled people to move to safeguard their rights and dignity and to respond appropriately
to the consequences of such displacement.
6. He also emphasized that internally displaced persons were usually among the
poorest of the poor and that women and children were often disproportionately affected by
internal displacement. Marginalization could be extensive, with internally displaced persons
often unable to exercise their economic, social, cultural, civil and political rights. Because
of their frequent inability to exercise those rights, durable solutions to displacement
remained elusive, as demonstrated by the growing number of people living in situations of
protracted displacement. Some internally displaced persons could move to neighbouring
countries and become refugees or migrants in vulnerable situations. Keeping the promise to
leave no one behind, a core tenet of the 2030 Agenda for Sustainable Development,
required addressing the patterns of exclusion and unequal power relations often affecting
internally displaced persons. Addressing those patterns required, in turn, supporting legal,
policy, institutional and other measures and taking a human rights–based approach that
promoted equality and inclusion in support of durable solutions. It also meant the free,
active and meaningful participation of all citizens, particularly internally displaced persons
themselves, in all those processes, to ensure accountability and sustainability.
7. Finally, he said that the high-quality disaggregated data necessary to inform
evidence-based policymaking were lacking. He also noted that none of the Sustainable
Development Goals included targets for internally displaced persons as a specific group and
that very few States had considered internally displaced persons in their voluntary national
reviews. Internally displaced persons must be actively included in efforts to improve data
collection, disaggregation and understanding of their experiences, but at the same time their
right to privacy must be respected and data protection standards must be complied with.
There was also a need to ensure that data could be used to measure progress towards the
Sustainable Development Goals for internally displaced populations. In concluding, he
stated that it was only by addressing the underlying causes of displacement that more
resilient societies could be ensured and future displacement could be prevented.
8. The Assistant High Commissioner for Protection of UNHCR noted that 40 million
people, more than double the number than at the birth of the Guiding Principles two
decades earlier, were currently uprooted by conflict, violence and human rights violations.
He also stressed that the millions of persons displaced internally by disasters should not be
forgotten. Some 18.8 million incidents of disaster-induced displacement had been recorded
in 2017 alone, many of them involving individuals who had been displaced multiple times.
It was more necessary than ever to refocus collective efforts on reversing that trend.
9. While some important progress had been made in addressing internal displacement,
particularly with the launch of the Guiding Principles, much remained to be done. The
Guiding Principles were foundational for the protection of internally displaced persons and
constituted a compilation of relevant international humanitarian and international human
rights law specifically tailored to the situation of those forcibly displaced as a result of
conflict, violence or disasters. Over time, the Principles had become the authoritative point
of reference for normative and institutional frameworks. Twenty-four States referred
directly to them in their own national laws or policies. States members of the African
Union, taking inspiration from the Guiding Principles, had adopted the African Union
Convention for the Protection and Assistance of Internally Displaced Persons in Africa
(Kampala Convention), a watershed regional instrument on internal displacement that
would celebrate its tenth anniversary in 2019. The Guiding Principles informed the efforts
of States and international organizations to prevent, respond to and resolve internal
displacement. They were equally an important source of empowerment for the internally
displaced themselves.
10. Affording protection was, in essence, human rights in action. It must be oriented
towards people and communities, so that internally displaced persons could enjoy the
widest possible array of human rights and fundamental freedoms, without discrimination.
Protection also needed to drive humanitarian action, inspiring its operational design,
coordination and implementation and interactions with development, human rights, security
and political actors. He stressed that people and communities affected by displacement
must be at the centre of protection work — by advocating for their rights, involving them in
decisions that affected them, understanding the deeper reasons for their plight and seeking
to improve their situation through hands-on operational engagement. Concrete, high-quality
protection services must be provided to internally displaced persons, such as prompt access
to professional care for survivors of sexual violence, legal aid to ensure access to justice
and advocacy for and interventions on behalf of internally displaced persons when they
faced an immediate risk. Assistance with registration and individual documentation,
including to realize housing, land and property rights, was particularly critical. Examples of
good practice in 2017 had included the rapid issuance of replacement documents to persons
fleeing the Mosul emergency and the registration of property abandoned by individuals
fleeing violence in Honduras. In that connection, he noted that the efforts made to reunite
abandoned and separated children with their families in the Central African Republic, the
Democratic Republic of the Congo, Nigeria, South Sudan and elsewhere should continue.
11. Protection considerations should be integrated and mainstreamed into every service
or form of assistance delivered by the international community. They should inform its
shelter, WASH (Water, Sanitation and Hygiene), health and education programmes. For
instance, failing to think through the layout of camps could put women and girls at risk of
rape, abduction and other serious violations of their rights. Protection should also be the
objective of laws and policies related to internal displacement. The Guiding Principles
rightly ascribed the primary responsibility for protection to States. Developing a national
instrument on internal displacement, whether a law or a policy, was a tangible act of
national responsibility. In that respect, States were encouraged to consult the internally
displaced and their host communities in the development of national laws and policies on
internal displacement. Such consultations had been held in Nigeria in 2016, for example,
and were also being held in the Niger.
12. Although laws and policies on internal displacement were to be valued and
promoted, one of the greatest present challenges was to implement them once they had been
adopted. Proper and specifically mandated institutional structures were needed, and they
should have the necessary political authority and human and financial resources to carry out
prevention and protection activities and develop solutions for internal displacement.
Successful implementation also required that States be accountable to their citizens,
including the displaced. Strong domestic institutions, such as the judicial systems in
Colombia and Georgia, were an essential component to ensuring accountability.
13. In looking towards the future and building on the twentieth anniversary of the
Guiding Principles, the international community must remain steadfast in its pursuit of
preventive action and solutions to forced displacement. The Guiding Principles were the
expression of a vision that would make it possible to achieve that end, especially if they
were reflected in normative and institutional frameworks that translated into action the
principle that the primary responsibility lay with States themselves.
III. Panellists
14. In her introductory remarks as moderator of the panel discussion, the Special
Rapporteur on the human rights of internally displaced persons noted that the twentieth
anniversary of the development of the Guiding Principles had been an opportunity not only
to take stock of achievements but also to acknowledge the growing challenges. It was
likewise an opportunity to step up efforts to prevent, address and support solutions to
internal displacement and galvanize others into doing the same. Forty million people were
internally displaced by conflict and violence as of the end of 2017. A further 18.8 million
new internal displacements due to disasters had been recorded in the same year. In addition,
an estimated 15 million people a year were displaced by development projects, a cause of
displacement recognized in the Guiding Principles. Millions of other displacements were
not systematically recorded, including those caused by land grabs, criminal violence and
slow-onset disasters, such as drought. Without more attention to prevention, protection and
solutions for internally displaced persons, people would continue to be displaced and to
remain displaced.
15. The Special Rapporteur stressed the continued relevance of the Guiding Principles,
their emphasis on sovereignty as responsibility and on the importance of the participation of
internally displaced persons in decisions that affected them and their applicability in all
displacement situations, covering all aspects of an adequate response, from prevention to
durable solutions. Although the Guiding Principles were the basis of several national laws
and policies on internal displacement worldwide, all too often, laws and policies had not
been fully implemented, and the ministries responsible for matters concerning internal
displacement lacked the means to make addressing internal displacement a government
priority.
16. The Special Rapporteur stressed that both the scale and the duration of internal
displacement had highlighted the limits of humanitarian responses to internal displacement,
contributing to renewed scrutiny of the effectiveness of the United Nations system within
the context of the World Humanitarian Summit and the 2030 Agenda for Sustainable
Development. However, without disaggregated data that made it possible to measure
achievements, there was a real risk of failing to deliver. Responding to the challenges of
internal displacement, protracted displacement in particular, could not be a humanitarian
challenge alone, as there were also complex human rights, humanitarian, development and
possible peacebuilding dimensions to internal displacement. Only comprehensive human
rights analyses of root causes, and comprehensive responses, could assist internally
displaced persons in achieving durable solutions. Such an approach must also ensure that
internally displaced persons were engaged in and benefited from the Sustainable
Development Goals, as outlined in the United Nations conceptual framework “Ensuring
that no one is left behind”. An approach informed by human rights also helped ensure that
effect was given to the commitments made at the World Humanitarian Summit to localize
aid and increase the participation of affected populations.
17. Finally, she insisted on the need for strong leadership and collective action. She
explained that, harnessing the energy shown by many partners to mark the twentieth
anniversary of the Guiding Principles, she had worked with many stakeholders, including
Member States, United Nations agencies and NGOs, to identify priority areas for action on
internal displacement, resulting in the Plan of Action for Advancing Prevention, Protection
and Solutions for Internally Displaced People 2018–2020. The Plan identified four
interrelated priorities for more strategic, coordinated and collaborative action on internal
displacement.
18. In highlighting the specificities of internal displacement in Africa, the Special
Rapporteur on refugees, asylum seekers, migrants and internally displaced persons of the
African Commission on Human and Peoples’ Rights noted that armed conflict, internal
crises, disasters, the adverse impact of climate change, flagrant human rights violations,
development projects and urbanization represented risks that could lead to forced
displacement. Of the 55 Member States of the African Union, 35 were affected by the
phenomenon of internal displacement, which, despite the multiple commitments to prevent
it made by African States, remained a serious and persistent problem in Africa. In 2017,
there had been 13 million internally displaced persons in Africa. In 2016, 70 per cent of
new internal displacements had been the result of conflict and violence.
19. African States were willing to offer protection and assistance to millions of
displaced people. In that context, a number of African States had already incorporated the
Guiding Principles into their national legislation, policies or strategies. Several States, for
example, had come together in 2006 to adopt the Pact on Security, Stability and
Development in the Great Lakes Region, which included a protocol specifically on the
protection of and assistance to internally displaced persons. The Protocol had incorporated
the provisions of the Guiding Principles. Although the African continent continued to be
affected by massive displacement, the Protocol had been the first legally binding instrument
to oblige States to adopt and implement the Guiding Principles. It also served as a regional
framework for providing protection and assistance to internally displaced persons in the
Great Lakes Region, enacting national legislation to domesticate the Guiding Principles and
ensuring the implementation of the Guiding Principles in national legal systems. States such
as Angola, Burundi, the Central African Republic and Kenya had been precursors in
adopting such protection measures.
20. The adoption of the Kampala Convention, which was the first and only legally
binding instrument on internal displacement on a continental scale, had demonstrated the
leadership and willingness of African States and their determination to move forward in
protecting and assisting internally displaced persons. The Convention had been adopted in
2009, at a special summit of the African Union in Kampala, and had entered into force in
2012. It drew on the Guiding Principles and on international and regional standards and laid
out a catalogue of commitments for a range of actors. It was a historic instrument that
obliged States to tackle the causes of displacement, protect the rights of the internally
displaced and measure to what extent durable solutions had been achieved. The first
Conference of States Parties to the Convention had been held in April 2017 in Harare, and
States had reported on their ratification status and the efforts they had made to implement
the Convention. To date, 27 States had ratified the Convention, while 17 had signed it but
not ratified it. Eleven States had neither signed nor ratified it. Many States had already
adopted national laws or policies on internal displacement or had assigned responsibility for
coordination to an institutional mechanism. Despite the many measures taken, little
progress had been made on the ground. The Conference of States Parties had resulted in the
adoption of an action plan and the African Union model law for the implementation of the
Convention, which had been in the making for many years.
21. In her conclusions, the Special Rapporteur of the African Commission on Human
and Peoples’ Rights mentioned a number of steps that the African Union had taken on
internal displacement, including the establishment of the Specialized Technical Committee
on Migration, Refugees and Internally Displaced Persons in 2015 and the adoption of the
Common African Position on Humanitarian Effectiveness in 2016. All 10 of the pillars into
which the Common Position grouped humanitarian priorities were relevant to the protection
of displaced persons. The Commission was also in the process of developing a general
comment on article 12, on the right to freedom of movement, of the African Charter on
Human and Peoples’ Rights. Finally, as 2019 would mark the tenth anniversary of the
Kampala Convention, and as the African Union had declared 2019 the year of refugees,
returnees and internally displaced persons in Africa, efforts to establish an internally
displaced persons’ day, sponsored by the African Union, were also under way.
22. The Undersecretary for Human Rights of Honduras, presenting the experience of
Honduras, particularly with respect to the importance of data in designing comprehensive
human rights–based responses to internal displacement, said that in Honduras, gang
violence and organized crime had resulted in an increased number of internally displaced
persons, an increase that had affected many families and communities. In 2013, the
Government of Honduras had established the Inter-Institutional Commission for the
Protection of Persons Displaced by Violence. The creation of the Commission, which had
provided a forum for deliberation, consensus and the development of more coordinated
responses, had itself been a token of the institutional recognition of the problem of internal
displacement. The Commission was composed of representatives of 10 state institutions, 4
civil society organizations and 1 municipal association. The Commission’s implementing
decree provided that its principal attributions were to initiate investigations, study the
causes of internal displacement and identify the most heavily affected areas and
communities. The Commission had identified data collection as a priority, so as to make it
possible to obtain an accurate understanding of the current situation with respect to internal
displacement and to tailor adequate and sustainable responses from a human rights and
humanitarian perspective.
23. Since its inception, the Commission had relied on the Guiding Principles as an
essential reference. She mentioned the 2015 visit to Honduras of the Special Rapporteur on
the human rights of internally displaced persons, who had formulated a series of
recommendations that had also constituted an important reference for the policies adopted
subsequent to his visit.
24. A study carried out by the Commission in 2015 had revealed that between 2004 and
2014, more than 174,000 persons had been internally displaced in Honduras in 20 urban
municipalities. Data on the magnitude and profile of internally displaced persons had
contributed to the design of policies and tools, including a draft law on prevention, support
and protection in connection with internally displaced persons, as well as municipal
response plans in two of the most badly affected municipalities. A technical committee had
also been established to coordinate the development of a second characterization study in
2018, which had sought to bring information up to date, deepen the understanding of the
magnitude and impact of internal displacement and strengthen national responses. Unlike
the initial study, which had been limited to 20 municipalities, the 2018 initiative had aimed
at national representation, including urban and rural areas.
25. In addition to the characterization exercises, the populations most severely affected
by internal displacement, such as women, children and adolescents and lesbian, gay,
bisexual, transgender and intersex communities, had been identified. One municipality had
addressed internal displacement in its development plan, a step that would later inform its
strategic priorities and the financial and operational resources set aside for them.
26. The Undersecretary concluded her statement by stressing that the existence of
representative data, appropriately disaggregated and used with human rights and
international standards as a reference, made it possible to design measures suited to national
realities and, ultimately, to better protect internally displaced persons and offer them
durable solutions. Lastly, she noted that Honduras was of the view that, in order to make
progress with respect to the 2030 Agenda for Sustainable Development and to keep the
promise to leave no one behind, it was essential for States to articulate responses that
encompassed the human rights, humanitarian, development and peacebuilding dimensions
of internal displacement.
27. In her remarks on internal displacement as a result of disasters and climate change,
the last panellist, the Ambassador Extraordinary and Plenipotentiary and Permanent
Representative of Fiji, stressed that drought, floods, intense hurricanes, cyclones and rising
sea levels could have a devastating effect on the ability of the land to sustain human
population. However, the lack of clarity in policies both nationally and internationally
linking those issues had led to insufficient focus on the way national governments and
communities should approach displacement and, as a result, to ad hoc responses not
necessarily based on human rights. In addition, there had not been enough discussion of
disasters, mobility and sustainable development.
28. In 2017, over 18.8 million new internal displacements caused by sudden-onset
climate-related hazards, such as typhoons and floods, had been recorded. That figure had
represented 61 per cent of all new internal displacements. However, there was no means of
tracking how many people might have moved partially in response to slow-onset hazards,
such as drought or desertification, or to development plans and projects. In addition,
directly attributing human mobility to climate change was extremely difficult, as causes of
displacement were multiple. Analysis was hampered by that complexity and by the
interrelatedness of drivers of migration, while significant data challenges made estimation
of migration and displacement under a changing climate problematic. She stressed that the
links between climate change and human mobility should be integrated in sustainable
development processes.
29. Responses to displacement should be inclusive, participatory and transformative,
and, rather than entrench existing inequalities, they must be empowering, promoting
equality and human dignity. It was for that reason that the Guiding Principles continued to
be of such relevance and had the capacity not only to assist States to plan relocation and
adopt relocation principles but also to introduce the concept of substantive democracy for
communities. A human rights approach to displacement could transform societies, enabling
them to empower themselves more fully. Similarly, human mobility, both autonomous and
planned, presented opportunities that could facilitate adaptation to climate change and serve
as an adaptation measure itself. Risk-informed development strategies and policies were
paramount and had the potential to reduce vulnerability and enhance the ability of an
individual, community or country to cope with, respond to and acquire the necessary skills
to deal with shocks and stressors, including those caused by climate change. Nationally
determined contributions and national adaptation and disaster management processes and
plans could play an important role. Mobility, in her view, should be seen as evidence not of
a failure to adapt to climate change but of a strategy to adapt to it.
30. If carefully organized and provided with the necessary resources, displacement
management processes and relocation plans had the potential to reduce vulnerability and
ensure that individuals, communities and countries were able to cope with and respond to
climate-related hazards and support and empower migrant and displaced workers and
communities. They could also transform and democratize social mechanisms. They could
lead to the elimination of discriminatory practices and modify cultural practices that acted
as barriers to effective participation and consultation.
31. The Ambassador stressed the important role of the Platform on Disaster
Displacement and international agencies such as the International Organization for
Migration in supporting national Governments to mainstream approaches to human
mobility into broader policies. The 2030 Agenda for Sustainable Development included
Sustainable Development Goals, all of which had an impact on internally displaced
persons, that targeted both climate change and migration.
32. The Ambassador also referred to the Global Compact for Safe, Orderly and Regular
Migration and the global compact on refugees, to be finalized in 2018, noting that they
offered scope for climate risk-informed action, in which reference to the Guiding Principles
and to an integrated approach was key. In practice, the synergies among development,
human rights and climate change were clear, especially in small developing island States
such as Fiji. Climate change, development and internal displacement were indivisible, and
planned migration, which reflected the need to put people at the centre of such migration,
was crucial. That approach, based on the premise that well-planned and voluntary
resettlement could reduce poverty, diversify and increase incomes and reduce further
vulnerability to climate change impacts, was the one taken by Fiji. Waiting for migration to
become necessary before planning for it inevitably resulted in increased vulnerability and
inequality. Planned migration could also lead to a greater chance of successful integration
for migrants. It could create new livelihoods and opportunities, facilitate the development
of new technology and skills and strengthen cultural and social knowledge. It could
transform communities by introducing new patterns of consultation, for instance with
women and children. It could make persons with disabilities more visible and lead to
greater diversity in sources of income.
33. Continuing to draw on the case of Fiji, the Ambassador noted that, in accordance
with draft relocation guidelines that drew heavily on the Guiding Principles and prioritized
community consent, a participatory approach to consultation and community
empowerment, 63 local communities would need to consider relocation in the near future.
In conclusion, she highlighted the need to develop national policies and mechanisms to
address climate-induced migration and displacement internally and to guide the current and
future movement of populations. Such policies must reflect the necessary interconnectivity
of the Sustainable Development Goals, human rights and climate policy.
IV. Summary of the discussion
34. During the ensuing discussion, contributions were made by representatives of
Armenia, Austria, Azerbaijan, Botswana, China, Colombia, Denmark, Ecuador, the
European Union, Iraq, Ireland, Kuwait, Lesotho, Norway, the Russian Federation, Serbia,
Switzerland, the Syrian Arab Republic, Togo (on behalf of the Group of African States),
Tunisia, the United Arab Emirates (on behalf of the League of Arab States), the United
Kingdom of Great Britain and Northern Ireland and Venezuela (Bolivarian Republic of). In
addition, the Global Alliance of National Human Rights Institutions, the United Nations
Development Programme, an internally displaced person from Borno State in north-eastern
Nigeria and five NGOs took part in the discussion.
35. Overwhelmingly, delegations expressed concern about the magnitude of internal
displacement worldwide and about the lack of durable solutions for internally displaced
persons, which was leading to growing numbers of such persons living in protracted
displacement. In that context, many delegations noted that the Guiding Principles had
played a critical role in highlighting the plight of internally displaced persons for the past
20 years and stressed their continued relevance in addressing internal displacement from a
human rights perspective. Several delegations welcomed the holding of the panel
discussion on internally displaced persons in commemoration of the twentieth anniversary
of Guiding Principles in the Human Rights Council as an excellent and timely opportunity
to reaffirm the rights of internally displaced persons and the fundamental role of the
Guiding Principles in preventing, responding to and finding durable solutions for internal
displacement.
A. Addressing internal displacement: a national responsibility
36. Several delegations, including those of Armenia, Botswana, China, Denmark, the
European Union, Lesotho, Togo (on behalf of the Group of African States), Tunisia and the
United Arab Emirates (on behalf of the League of Arab States), stressed that first and
foremost, national authorities had the primary duty and responsibility to provide protection
and humanitarian assistance to internally displaced persons within their jurisdiction.
Denmark noted that national leadership and ownership were needed if the situation of
internally displaced persons was to be addressed successfully.
37. While acknowledging that the primary responsibility for addressing internal
displacement lay with national authorities, several speakers also stressed that preventing
displacement and protecting and assisting internally displaced persons, including by
providing support for durable solutions, was a daunting responsibility that could be
achieved only through joint efforts. Many delegations emphasized the need to foster
partnerships at the international and regional levels and noted the important and
complementary role played by the international community in supporting States affected by
internal displacement.
38. The important role of national human rights institutions and civil society
organizations in addressing internal displacement was also highlighted. The Global
Alliance of National Human Rights Institutions stressed that as independent institutions
with broad human rights mandate and functions, national human rights institutions could
make unique and critical contributions to the protection and promotion of the rights of
internally displaced persons. The Alliance shared examples of good practices in
Afghanistan, Colombia, Nigeria and Ukraine, where national human rights institutions had
been carrying out activities such as monitoring and reporting on the situation of internally
displaced persons, with specific attention paid to the groups most at risk, such as women
and girls, older persons, persons with disabilities and minorities. Other examples of the
good practices engaged in by national human rights institutions had included advising the
authorities on amendments to laws, regulations and administrative practices or on the
development of new legislation compliant with international standards, conducting training,
including for law enforcement officials and the internally displaced themselves, and
offering legal aid to internally displaced persons. The European Union also emphasized that
civil society and volunteer organizations were often at the forefront of national responses to
internal displacement and that galvanizing their engagement in the implementation of the
Guiding Principles was of paramount importance.
39. Ensuring the participation of internally displaced persons and paying attention to the
needs of host communities were referred to as keys to addressing internal displacement by
the delegations of Colombia, Denmark the European Union and by the panellists.
Delegations noted that the Guiding Principles restated the right of internally displaced
persons to participate in programmes and decision-making affecting them and that
meaningful participation went beyond consultation, consent and information-sharing to
include the internally displaced in the actual design and implementation of programmes.
B. Internal displacement in international processes: gaps and
opportunities
40. Some delegations, including those of Austria, Ireland and Switzerland, noted that the
international community had recently begun to take serious steps to address large-scale
cross-border movements, particularly with the adoption of the New York Declaration for
Refugees and Migrants in 2016 and the ongoing work on the global compacts, which were
to be finalized in 2018. However, those delegations noted that internally displaced persons
had been left out of those agendas, and the delegation of Ireland stated that it was time to
recognize that the internally displaced deserved the same level of attention, given that the
factors that had obliged people to move internally were in most cases the same as those that
obliged people to seek refuge in other countries. Delegations emphasized that the
international community needed to step up to the challenge of addressing the issue of
internal displacement with the same energy that it was putting into addressing cross-border
movements.
41. Norway stressed that the persistence of internal displacement represented a major
international challenge to the common commitments of United Nations Member States, the
2030 Agenda for Sustainable Development in particular. Internally displaced persons were
often among the most vulnerable and hard-to-reach populations. Some delegations,
including those of Colombia, Norway and the Bolivarian Republic of Venezuela, and the
panellists noted that if the international community was serious about leaving no one
behind, internally displaced persons and their host communities should be a top priority.
Denmark noted that the needs and challenges related to internally displaced persons should
be reflected as a cross-cutting objective in local and national development plans so as to
ensure a whole-of-society approach and the sustained engagement of development actors in
support of humanitarian efforts to address the plight of internally displaced persons.
42. Many delegations stressed that the twentieth anniversary of the Guiding Principles
represented an opportunity to turn much-needed international attention to the plight of the
internally displaced and that the international community must seize the moment to make
real progress towards improving outcomes for internally displaced persons. In that context,
several delegates, including those representing Austria, Norway, Switzerland, Togo (on
behalf of the Group of African States), Tunisia and the United Kingdom, welcomed the
Plan of Action for Advancing Prevention, Protection and Solutions for Internally Displaced
People 2018–2020 and saw it as an opportunity to help the international community move
the agenda on internal displacement forward.
C. Addressing root causes and all causes of displacement
43. Many delegations expressed concern about the increasingly protracted nature of
displacement and the lack of durable solutions for the internally displaced. Some
delegations stressed the need to focus on solutions from the very onset, while others,
including those of China, Togo (on behalf of the Group of African States), Tunisia and the
United Arab Emirates (on behalf of the League of Arab States), emphasized the need to
tackle the root causes of internal displacement.
44. A number of delegations also noted with concern the growing number of persons
internally displaced by disasters. In 2017, over 60 per cent of new internal displacements
worldwide had been triggered by disasters. It was also noted that the adverse impact of
climate change was only likely to aggravate that trend. Persons internally displaced by
disasters should not be forgotten in the ongoing discussions on displacement, including
cross-border displacement.
V. Conclusions
45. The panel discussion provided an important opportunity to take stock of
achievements and challenges since the presentation of the Guiding Principles to the
Commission on Human Rights in 1998. The Guiding Principles were the cornerstone
for the protection of and assistance to internally displaced persons. The panel
discussion also provided an opportunity to reflect on the momentum generated by the
twentieth anniversary, on the Plan of Action for Advancing Prevention, Protection
and Solutions for Internally Displaced People 2018–2020 and on the way forward.
46. During the panel discussion, the consensus was that international norms and
standards existed and were more relevant than ever. However, there were also many
challenges in respect of successfully protecting the rights and meeting the needs of
internally displaced persons, including with regard to data collection and the national
leadership that would make it possible to turn commitments into actionable laws and
policies and ensure that they were implemented.
47. Experiences shared during the panel discussion highlighted the need for close
collaboration and coordination among all actors at the national level, such as
government agencies, national human rights institutions, civil society and
humanitarian and development actors.
48. The need for a holistic approach to internal displacement, an approach that
was based on human rights, tackled root causes and sought to bridge gaps among
humanitarian, peace and development actors, was stressed by many participants. The
need for States to make strong commitments to internally displaced persons with
respect to the 2030 Agenda for Sustainable Development, so that no one was left
behind, was also highlighted.
49. Context-specific, inclusive and representative participation of internally
displaced persons at all stages of displacement, from prevention to durable solutions,
was identified as a cardinal precondition for successful action.
50. The complexity of the current internal displacement landscape required a
comprehensive response if the human rights and fundamental freedoms of all
internally displaced persons were to be upheld and protected. In her conclusions, the
moderator reiterated that the Plan of Action for Advancing Prevention, Protection
and Solutions for Internally Displaced People 2018–2020 was a timely opportunity
and a forum for working more collaboratively and effectively with the common goal
of reducing and resolving internal displacement, in line with the Guiding Principles,
by advancing prevention, protection and durable solutions for internally displaced
persons.