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the country. Special efforts should be made to ensure the full participation of
internally displaced persons in the planning and management of their return or
resettlement and reintegration (see principle 28). Peace processes provide an
opportune moment and a venue through which competent authorities can fulfil their
responsibilities to enable durable solutions for internally displaced persons.
10. At the regional level, under the African Union Convention for the Protection
and Assistance of Internally Displaced Persons in Africa (Kampala Convention),
which provides a comprehensive framework for the prevention of internal
displacement, protection and assistance to internally displaced persons and for
enabling sustainable solutions to internal displacement, States parties are obliged to
incorporate the principles of the Convention into peace negotiations and agreements
in order to find sustainable solutions to internal displacement (art. III (2) (e)). The
Kampala Convention also includes a specific provision on reparations for internally
displaced persons for damage incurred as a result of displacement (art. XII). The
Committee of Ministers of the Council of Europe has adopted a recommendation
under which, while non-binding, States members of the Council of Europe are
committed to applying the Guiding Principles on Internal Displacement and in which
existing member State obligations that could be applied to protect internally displaced
persons are emphasized. Case law under the Convention for the Protection of Human
Rights and Fundamental Freedoms (European Convention of Human Rights) has been
interpreted to address various aspects of peace and transitional justice, notably
housing, land and property issues. 12
11. In its Framework on Durable Solutions for Internally Displaced Persons, the
Inter-Agency Standing Committee emphasizes that restoring the human rights of
internally displaced persons is a core component of ensuring that solutions are truly
durable. The restoration of those rights may include reparation, justice, truth and
closure for past injustices, through transitional justice or other mechanisms. Durable
solutions are also conceptualized in the Framework as a peacebuilding challenge,
given that after conflict and generalized violence, durable solutions may not be
possible without stabilization. 13
12. According to the Framework, a rights-based process to support durable solutions
should at least indirectly involve internally displaced persons in peace processes, to
ensure that their rights, needs and legitimate interests are addressed in peace
agreements and peacebuilding strategies, which inform strategies for durable
solutions. The participation of internally displaced persons in peace processes should
reflect their full diversity. Humanitarian and development actors should advocate and
enable their participation through, inter alia, training and community development. 14
The Framework contains a call for full and non-discriminatory access to effective
remedies, justice and transitional justice mechanisms for those who have been victims
of violations of international human rights or humanitarian law, including arbitrary
displacement, indicated as criteria for durable solutions. 15
13. In the Framework, the Inter-Agency Standing Committee cautions that, although
peace agreements may contain a policy of preference for one durable solution,
individual choices must still be respected, as the principle of freedom of movement
remains valid. Durable solutions should be a specific goal of peace agreements, which
should address the specific needs of internally displaced persons, including safety and
security, housing, land and property issues, reconciliation and peacebuilding, post __________________
12
13
14
15
24-15773
Costas Paraskeva, Protecting Internally Displaced Persons under the European Convention on
Human Rights and other Council of Europe Standards: A Handbook (May 2017), chap. I, sect. 4.
A/HRC/13/21/Add.4, para. 16.
Ibid., paras. 48 and 49.
Ibid., paras. 94–105.
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