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30. Peace agreements help in restoring the economic, social and cultural rights
essential for the achievement of durable solutions. This requires provisions that
ensure that peace dividends go towards remedy and reparation and the restoration of
an adequate standard of living, including access to adequate food, water, housing,
health care and basic education for those most affected by the consequences of
conflict. Peace agreements can include measures to promote reconciliation and
coexistence between former parties to conflict, within and between communities of
internally displaced persons that may have experienced divisions or between
internally displaced persons and their host communities, as well as measures to
promote family reunification. Peace agreements may also cover economic recovery
and access to livelihoods for conflict-affected communities or the restoration of the
rights of internally displaced persons to housing, land and property that may have
been lost or appropriated during the conflict or co mpensation for those losses.
31. Civil and political rights necessary for internally displaced persons to achieve a
durable solution may also be addressed through peace agreements. This includes
measures to give effect to the right of an internally displaced person to recognition as
a person before the law through the re-issuance of civil documentation lost during the
conflict, safeguards to ensure the participation of internally displaced persons in
public affairs on an equal basis and effective remedies for displacement -related
violations, including access to transitional and ordinary justice mechanisms,
reparations and information about the causes of violations.
32. Peace agreements may also include explicit reference to durable solutions to
internal displacement. Although that is important, it is crucial that references to
durable solutions in peace agreements not be focused solely on settlement options –
return, local integration or settlement elsewhere – but instead be aimed at a more
expansive definition that encompasses the enabling elements necessary to achieving
a durable solution, in line with the Framework on Durable Solutions for Internally
Displaced Persons. It is also essential that elements that might coerce internally
displaced persons into a specific settlement option be avoided in peace agreements
and that their own settlement intentions be genuinely considered. In many peace
agreements, return is favoured over local integration and settlement elsewhere. Such
agreements may even include provisions that render assistance conditional upon
return to the place of origin. Unless there are compelling reasons to do so, such as to
avoid settlement in areas that would pose significant environmental or health risks,
or unless such frameworks reflect the genuine aspirations of the majority of internally
displaced persons, such measures can interfere with the right to freedom of movement
and residence.
33. Effectively operationalizing durable solutions commitments within peace
agreements requires that these agreements contain an outline of the capacity strengthening requirements and the roles and responsibilities of different institutional
stakeholders with regard to the actions needed to facilitate various settlement options
and of the broader legal, political, security and human rights reforms that enable those
options to become truly durable solutions. Although national authorities should be at
the forefront of such efforts, local and subnational authorities should also have
appropriate roles, as could civil society. Regional and international actors may also
provide support on a transitional basis during the post-conflict reconstruction period.
34. Despite potential synergies and the shared objectives of both processes, peace
agreements often fail to comprehensively address the question of durable solutions.
Political factors may play a role, as States that are more concerned with protecting
their populations and maintaining or enhancing their international reputation may be
more inclined to explicitly recognize internally displaced persons and their needs,
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