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Internal displacement in 2010: What are the major challenges? 2010, para. 60
- Paragraph text
- Cluster responsibilities at the global and national level have brought more predictability and helped to close gaps in the humanitarian response to internally displaced persons. In particular, UNHCR, as the cluster lead for the protection of internally displaced persons in conflict settings, emergency shelter, and camp management has taken on considerable responsibilities, including the role of "provider of last resort". In order to live up to these new commitments, UNHCR has increased its operational engagement and provided for institutional and budgetary amendments. However, the capacities of UNHCR, as well as those of its partners, in particular as regards training and adequate staff numbers, as well as the capacity to provide guidance in the area of protection, are still very limited compared to the overall needs of the displaced. A more robust and decisive engagement will be required.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 61
- Paragraph text
- International mechanisms to protect internally displaced persons in situations of natural disasters are often not effective due to lack of understanding, knowledge and the capacity to address threats arising in disaster settings. OHCHR, UNHCR and UNICEF are still struggling to develop the capacity on the ground to match the commitment to leading on protection in disaster settings that they assumed during the course of the 2005 humanitarian reform initiative. The Representative therefore welcomes the expressed commitment of UNHCR to fill this gap within the IASC framework and in consultation with UNICEF and OHCHR, and hopes that its capacities will be enhanced accordingly. The Representative also encourages OHCHR and UNICEF to reinforce their efforts to increase capacity at headquarters and on the ground.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 87a
- Paragraph text
- [Durable solutions constitute the ultimate form of protection for internally displaced persons. At the same time, the Representative sees some of the greatest problems in this area. Short-sighted political calculations often create protracted displacement situations, which are particularly difficult to transform into durable solutions. Despite some advances, donors and development actors are still not providing enough support for durable solutions, especially crucial investments in early recovery. The Representative recommends that member States:] Reinvigorate processes to resolve ongoing or frozen conflicts, while allowing the internally displaced to normalize their living situation as far as possible;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The primary duty of the State to provide humanitarian assistance and the corresponding rights of internally displaced persons 2010, para. 96a
- Paragraph text
- [The Representative calls on all Member States to shape a rule-based framework to international humanitarian assistance, taking into account the Guiding Principles on Internal Displacement as well as the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance and, in particular to:] Explicitly recognize in relevant national laws, policies and administrative and military instructions, the right of internally displaced persons and others affected by conflict or disaster to request and receive humanitarian assistance, in an equal and non-discriminatory manner; and the corresponding obligation of the State to ensure assistance, including by facilitating international assistance, especially where locally available resources are insufficient;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 74
- Paragraph text
- In at least 35 countries internally displaced persons find themselves in protracted situations, meaning that processes to find durable solutions for them have stalled and the displaced are marginalized, and their rights, in particular economic, social and cultural rights, are not protected. Internally displaced persons in protracted situations often live in inhumane conditions and have no realistic chance of accessing opportunities to earn a living. The Representative has consistently found that the most likely victims of protracted displacement are the most vulnerable within the displaced population and include the elderly, people with disabilities, female-headed households and minorities.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The primary duty of the State to provide humanitarian assistance and the corresponding rights of internally displaced persons 2010, para. 82
- Paragraph text
- However, States fail to respect their obligations if they reject assistance offered without providing any reasons or if the reasons are based on errors in fact (for example, a denial of humanitarian needs without a proper assessment). States also act arbitrarily if they deny access for reasons that are not in line with their international obligations, for example, if a State rejects assistance offered in line with the humanitarian principles of humanity, impartiality, neutrality and independence despite being unable to ensure the necessary assistance through other resources.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The primary duty of the State to provide humanitarian assistance and the corresponding rights of internally displaced persons 2010, para. 83
- Paragraph text
- States must refrain from selectively denying consent to offers of humanitarian assistance with the intent or effect of discriminating against a particular group or section of the population. In the case of internally displaced persons in need, the Guiding Principles stipulate against such discrimination on the basis, inter alia, of race, sex, legal status, religious belief, political or other opinion, or ethnic or social origin (see Guiding Principle 4, para. 1). An example would be a Government that systematically rejects offers of humanitarian assistance to crisis-affected regions populated by ethnic groups perceived as favouring the political opposition.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The primary duty of the State to provide humanitarian assistance and the corresponding rights of internally displaced persons 2010, para. 85
- Paragraph text
- Similarly, insurgents, de facto authorities and other non-State actors controlling a part of the territory may not withhold consent to the provision of humanitarian assistance on the basis that they do not have sovereign rights regarding the territory to which the assistance is destined. Article 7, paragraph 5 (g) of the Kampala Convention therefore specifically prohibits armed groups from "impeding humanitarian assistance and passage of all relief consignments, equipment and personnel to internally displaced persons".
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 83
- Paragraph text
- In 2007, based on a request from the Emergency Relief Coordinator and after extensive consultations, the Representative released the pilot version of the Framework on Durable Solutions for Internally Displaced Persons. The Framework provides guidance on how to support such solutions and establishes criteria for assessing to what extent a durable solution has been achieved. Feedback from the field provided the basis for a further review of the Framework, which is presented to the Human Rights Council in its final form (A/HRC/13/21/Add.4). The Framework, endorsed by the IASC, is primarily aimed at guiding international and non-governmental humanitarian and development actors on how to work with governments in supporting durable solutions. As it also provides a response to the requests by the Council for ways to strengthen durable solutions and benchmarks for assessing when displacement ends (resolution 6/32, para. 7), the Framework should also be useful to member States affected by internal displacement and to donors.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 84b
- Paragraph text
- [Millions of people are being newly internally displaced every year as a result of conflict and violence. Disasters displace even more people and the effects of climate change will exacerbate this trend. Development-induced displacement is also on the rise. With international attention focused on camps of internally displaced persons, many other displaced remain invisible, because they stay with host families, are dispersed in urban areas or their existence is officially denied. Some vulnerable groups within the displaced population are also regularly overlooked. Host families and communities are often heavily affected by displacement, but they are often neglected. The Representative urges member States and humanitarian and development actors to expand their scope of action and recommends that they:] Increase efforts to protect and assist the urban displaced, including through development efforts and measures to assist host families as well as displacement-affected communities generally;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 90
- Paragraph text
- The close cooperation with the Office for the Coordination of Humanitarian Affairs and the Office of the United Nations High Commissioner for Refugees, on the basis of institutionalized arrangements, and access to resources beyond the regular support provided to a special procedure mandate holder by the Office of the United Nations High Commissioner for Human Rights, have been indispensable to taking up the array of tasks that the Representative has been mandated to carry out. The ability to work closely with institutions and non-governmental organizations outside the United Nations system has also reinforced the capacity of the Representative to carry out the responsibilities of the mandate.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The primary duty of the State to provide humanitarian assistance and the corresponding rights of internally displaced persons 2010, para. 94
- Paragraph text
- Internally displaced persons and others affected by armed conflict and disasters have a right to request and receive humanitarian assistance. The State has a corresponding obligation to ensure all necessary humanitarian assistance. This entails specific duties, including the duty to plan, coordinate, protect and not impede humanitarian assistance, as well as a duty not to arbitrarily withhold consent to offered humanitarian assistance.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 42
- Paragraph text
- Although the 1998 Guiding Principles already identify natural disasters as one of the causes of internal displacement, natural disasters and their human consequences were for a long time not considered through the lens of internal displacement. This changed in the wake of large-scale disasters such as the tsunami of 2004 and Hurricane Katrina in 2005, with the Representative emphasizing the relevance of the Guiding Principles to such situations.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 44
- Paragraph text
- Such disregard for the human rights of those affected by natural disasters is not necessarily intentional, but often results from inappropriate policies, a lack of capacity to appropriately respond to the disaster and the challenges of reconstruction, or simple oversight. Therefore, it is necessary to use a human rights based approach to early warning, disaster contingency planning, disaster management and mitigation, and efforts to find durable solutions for the displaced.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 48
- Paragraph text
- In rural settings, internally displaced persons often stay with host families or host communities. In the Democratic Republic of the Congo, for instance, an estimated 70 per cent of internally displaced persons have been taken in by host families in keeping with African traditions of hospitality. Accessing and supporting these internally displaced persons and their hosts are often not given enough priority by national authorities and their humanitarian partners.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 50
- Paragraph text
- The Representative is concerned that there are several States that host large numbers of internally displaced persons but do not recognize them as such - sometimes going to great lengths to re-label the internally displaced as "mobile and vulnerable populations", "dislocated people" or "internal migrants" despite international recognition of the description of internally displaced persons in the Guiding Principles (see above, paragraphs 11-14).
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 65
- Paragraph text
- The Representative is very concerned that the humanitarian space required to effectively protect and assist internally displaced persons is shrinking. Long-standing logistical difficulties in accessing people in crisis areas have been compounded by serious security concerns for humanitarian workers. In 2008, 260 humanitarian aid workers were killed, kidnapped or seriously injured in violent attacks, more than in any previous year on record.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The primary duty of the State to provide humanitarian assistance and the corresponding rights of internally displaced persons 2010, para. 74
- Paragraph text
- States must plan for the necessary resources to provide humanitarian assistance. A number of countries, such as Costa Rica and Madagascar, require all national authorities to earmark budget lines for disaster preparedness and response activities. Ethiopia established the National Disaster Prevention and Preparedness Fund, as well as the Emergency Food Security Reserve. In order to fulfil their responsibilities to ensure the survival and basic welfare of their population, Governments can, and should, also draw on the complementary capacities of such local actors as the national Red Cross or Red Crescent societies and of international humanitarian actors.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 58
- Paragraph text
- The Representative considers that greater efforts have to be made on the part of the international community to work with national and local authorities in weak States and strengthen their capacities, instead of taking the easier short cut of substitution that often leads to a dead end. Encouraging the development of laws and policies on internal displacement can be a first step to engaging the relevant authorities. Laws and policies of course do not automatically result in action on the ground, but they are a necessary precondition for authorities to assume their expected role. If soundly drafted, they define responsibilities within government, establish coordination mechanisms and set priorities and activities to which national budget lines and earmarked donor funding can be tied.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 86c
- Paragraph text
- [Much of the internal displacement taking place today is linked to violations of international human rights and humanitarian law. Arbitrary displacement could be prevented, but too often those responsible act with impunity and no one is held accountable. The Representative recommends that member States:] Prevent and mitigate disaster-induced displacement by adopting and implementing early warning mechanisms and disaster risk reduction measures. States should make reparation where authorities negligently fail to take all necessary and reasonable measures to protect the population from natural or human made hazards;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 86d
- Paragraph text
- [Much of the internal displacement taking place today is linked to violations of international human rights and humanitarian law. Arbitrary displacement could be prevented, but too often those responsible act with impunity and no one is held accountable. The Representative recommends that member States:] Limit forced evictions to exceptional circumstances, ensure that all relevant due process guarantees are respected and provide the evicted with adequate compensation and alternative housing and livelihood opportunities.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 62
- Paragraph text
- The 2005 humanitarian reform initiative created an early recovery cluster, with UNDP as lead, thus acknowledging the importance of the transition between humanitarian action in emergency situations and steps towards full recovery. The Representative has on several occasions observed a gap between the phasing out by humanitarian actors and the arrival of development actors. He stresses the need for humanitarian and development actors to work hand in hand and to begin recovery activities as early as possible. Present weaknesses in early recovery activities are exacerbated by underfunding of the early recovery cluster and the lack of flexible funding mechanisms in this area.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The primary duty of the State to provide humanitarian assistance and the corresponding rights of internally displaced persons 2010, para. 78
- Paragraph text
- The Kampala Convention, for example, requires national authorities to request international assistance when available resources are inadequate to protect and assist internally displaced persons. The Great Lakes Protocol obliges States to "facilitate rapid and unimpeded humanitarian access and assistance to internally displaced persons" (article 3, para. 6). Colombia's law on internally displaced persons specifically recognizes the rights of the displaced to assistance and a corresponding right of the international community to provide humanitarian assistance.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The primary duty of the State to provide humanitarian assistance and the corresponding rights of internally displaced persons 2010, para. 80
- Paragraph text
- According to this Principle, which reflects the position of the Security Council, the General Assembly and regional organizations, States must exercise their sovereign rights in good faith and in line with the responsibilities sovereignty entails, including the human rights obligation to ensure the provision of necessary humanitarian assistance. Similarly, according to customary international humanitarian law applicable in situations of international as well as non international armed conflicts, parties to a conflict "must allow and facilitate rapid and unimpeded passage of humanitarian relief for civilians in need, which is impartial in character and conducted without any adverse distinction, subject to their right of control".
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 85a
- Paragraph text
- [While the protection of internally displaced persons is the primary responsibility of national authorities, many of the countries most affected by internal displacement have weak State institutions with little capacity to assume this responsibility. The Representative urges all member States to show solidarity with the displaced and other crisis-affected populations and recommends that they:] Promote recognition of the Guiding Principles at the national level, including through domestic law and policies;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 76
- Paragraph text
- The Representative has consistently emphasized that allowing internally displaced persons to normalize their living situation does not in any way extinguish their right to return. On the contrary, people who have regained control of their lives are in a much stronger position to eventually achieve a durable solution, while also posing less of a burden to local communities and social services. The Representative has engaged with the Governments of Azerbaijan, Bosnia and Herzegovina, Georgia, Serbia and Turkey on this issue and notes that this has led to some positive policy changes on the part of the Governments concerned.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 77
- Paragraph text
- Modern peace agreements emphasize the right to return of all displaced, which is a positive trend. At the same time, there is a tendency to neglect those who are not willing or able to return. The Representative, sometimes with success, has suggested on several occasions to negotiators that they recognize the right of internally displaced persons to freely choose between return, local integration and settlement in another part of the country in accordance with the Guiding Principles. Involving all sectors of the displaced at least indirectly in peace processes, an issue on which the Representative has worked extensively, should ensure that peace agreements and peacebuilding efforts reflect the rights, needs and legitimate interests of the displaced.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 78
- Paragraph text
- Protracted displacement can also be the product of political indifference on the part of national authorities, development actors and donors. Internally displaced persons, who may have received generous humanitarian assistance at the height of a crisis, are often forgotten as soon as the guns fall silent or the flood waters recede. Without assistance in re-establishing their lives (and their livelihoods in particular) the displaced enter a vicious cycle of dependency on aid and protracted displacement. The continued failure of the donor community to adequately fund early recovery strategies and activities is particularly worrisome in this regard.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 80
- Paragraph text
- Durable solutions for internally displaced persons - the very opposite of protracted displacement - are often simplistically equated with returns. It is important to emphasize that a durable solution can be achieved through (a) return and sustainable reintegration in the place of origin, (b) sustainable integration in local areas where internally displaced persons have taken refuge, or (c) settlement and sustainable integration in any other part of the country. There is no inherent hierarchy among these options. The internally displaced have the right to make an informed and voluntary choice as to the durable solution they would like to pursue.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 81
- Paragraph text
- Building a durable solution is a complex process of gradually achieving a situation where the internally displaced no longer have any displacement-specific needs and can enjoy their human rights without discrimination related to their displacement. Families torn apart by conflict or disaster have to be reunited. Livelihoods, housing, land and property and public services have to be reconstructed so that internally displaced persons can enjoy an adequate standard of living. In cases involving arbitrary displacement and other serious violations, it is often also necessary to restore a sense of justice and provide the displaced with effective remedies for the violations they suffered (see also above in chapter III, section G).
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph