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The right to education of migrants, refugees and asylum-seekers 2010, para. 26
- Paragraph text
- The Special Rapporteur also notes that the international norms and instruments listed earlier pay little attention to the particular situation of the educational rights of migrants, refugees and asylum-seekers. The same is the case with many other instruments, such as the Convention concerning Migration for Employment (Revised 1949), the Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities (1992), and the European Charter for Regional or Minority Languages (1992).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 29
- Paragraph text
- The Special Rapporteur is also concerned by the incomplete realization of the right to education of migrants, refugees and asylum-seekers (or children thereof) of irregular status. The Special Rapporteur thus welcomes the increasing recognition of equality of treatment irrespective of legal status, as expressed in the International Labour Organization (ILO) Migrant Workers Convention No. 143 (Supplementary Provisions) (arts. 1 and 9), the United Nations Migrant Workers Convention, the final report of the 1994 International Conference on Population and Development (principle 12) and the 2000 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (para. 12). The Special Rapporteur, however, views the lack of ratification of, in particular, the United Nations Migrant Workers Convention (which by February 2010 had been signed by only 31 of the 192 United Nations Members, of which virtually all are countries of emigration) as indicative of State apathy in this area.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to access information 2013, para. 25
- Paragraph text
- The gravity and the scale of the practice of disappearances by the regimes that were in power in Latin America from the 1960s, and the subsequent struggle of family members and society in general to establish the fate of the victims and to ensure investigation into the facts and punishment of the perpetrators, was initially at the centre of the development of the right to truth. During those regimes, the justice systems of the countries in which such acts occurred were completely ineffective in carrying out investigations into the facts. Moreover, many of the countries concerned adopted amnesty laws that not only ensured impunity for the perpetrators but, in effect, also impeded investigations by the justice systems.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 81
- Paragraph text
- Access to effective remedies is a key issue for workers, who often lack legal recourse for rights violations. Workers in vulnerable situations may find it especially difficult to assert their rights because of structural impediments, including lack of access to labour inspectorates that often do not operate in informal and private work places; collaboration between immigration and police officials that prioritizes investigating migration status over employers' violations of rights; and restrictions that make migrant workers "unfree labour", preventing them from circulating in host countries.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Right to health in conflict situations 2013, para. 60
- Paragraph text
- The right to health framework recognizes that international and non governmental organizations have particular importance in relation to disaster relief and humanitarian assistance in times of emergencies, including providing assistance to refugees and internally displaced persons. International and non governmental organizations may also be involved in conflict as monitors, mediators, peacekeeping forces and territorial administrators. Such organizations should ensure that they take due account of the right to health in their decisions and activities, including by adopting rights-based health policies, paying special attention to the needs of vulnerable groups and ensuring participation of affected communities. They should ensure that robust accountability mechanisms exist, particularly in peacekeeping and peace-enforcement situations. These include effective disciplinary systems, clear operational standards, systems for monitoring and data collection, and accessible independent dispute-resolution systems, especially for international organizations that enjoy immunity from domestic jurisdiction.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Migrant worker’s right to health 2013, para. 57
- Paragraph text
- The Special Rapporteur is pleased to observe the adoption by the International Labour Office (ILO) in 2011 of Domestic Workers Convention No. 189 and Recommendation No. 201, which details requirements for protection from harassment and violence, occupational health and safety, written contracts and protection under labour laws. This follows general comment No. 1 (2010) on migrant domestic workers of the Committee on the Protection of the Rights of all Migrant Workers and Members of Their Families, which pays particular attention to the vulnerability of migrant domestic workers throughout the different stages of migration. Implementation of these instruments would provide greater protection to migrant domestic workers at all stages of the migration process, thereby creating an enabling environment consistent with the obligation to fulfil the right to health.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Migration and the right to adequate housing 2010, para. 20
- Paragraph text
- In its conclusions on Albania of 2006, the European Committee of Social Rights recalled that according to article 19, paragraph 4, of the European Social Charter, States must eliminate all legal and de facto discrimination concerning access to public and private housing for migrant workers and that, accordingly, no legal or de facto restrictions on subsidized housing may be implemented. In its conclusions on the United Kingdom of Great Britain and Northern Ireland, the Committee noted that there were no objective, pre-established and easily understandable eligibility criteria to qualify for housing benefits, and requested information from the Government on the number of foreign nationals who had been refused any form of social assistance on the grounds that they did not satisfy the habitual residence condition. Furthermore, in its decision on the case DCI vs. the Netherlands, the Committee stated that the State must provide adequate shelter to undocumented migrant children under its jurisdiction.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 11
- Paragraph text
- Another important development was the formulation of the Principles on Housing and Property Restitution for Refugees and Displaced Persons, generally known as the "Pinheiro Principles". These were the culmination of a shift that commenced in the early 1990s "from what were essentially humanitarian-driven responses to voluntary repatriation to more rights-based approaches to return […] increasingly grounded in the principle of restorative justice and of restitution as a legal remedy which can support refugees and internally displaced persons in their choice of a durable solution (whether return, resettlement or local integration)".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Mapping and framing security of tenure 2013, para. 57
- Paragraph text
- Further questions remain as to the exact circumstances under which evictions may be carried out, with a view to restricting their occurrence. According to the Committee on Economic, Social and Cultural Rights and as reiterated in the basic principles and guidelines on development-based evictions and displacement, evictions can take place only in the "most exceptional circumstances". Jurisprudence from national and regional bodies that has developed since this language was adopted could be used to more clearly define what the phrase "most exceptional circumstances" entails. For example, the "just and equitable" jurisprudence from South Africa as well as European Court of Human Rights jurisprudence regarding proportionality are highly pertinent in seeking to better understand this phrase and in identifying what constitutes a public purpose of the type that is often cited as reason to evict.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 86
- Paragraph text
- In undertaking these tasks, the Rapporteur wishes to underscore the importance of cooperation with key international actors and partners to enhance the protection of the right to adequate housing at the global level. In the coming months, the Special Rapporteur intends to devote time and effort to engaging with States in all regions, and also with United Nations agencies and entities, including UN-Habitat, the Food and Agriculture Organization of the United Nations, the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees and the Office of the United Nations High Commissioner for Human Rights.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 60
- Paragraph text
- Seoul, in the Republic of Korea, has named itself a human rights city, having adopted an ordinance in 2012 to protect and promote human rights for its citizens. The ordinance establishes a Human Rights Division within the city government, human rights policies, a Committee on Human Rights and a Human Rights Ombudsperson to ensure access to remedies for rights violations. The Ombudsman has become a model for other local governments in the country. With respect to housing, Seoul has adopted measures and guidelines, particularly on forced evictions, to protect its residents. The guidelines are based on general comment No. 7 on forced evictions of the Committee on Economic, Social and Cultural Rights, and prohibit evictions in winter or at night and require civil servants to be present to monitor any human rights violations when executing an eviction and to provide adequate remedies to those who are evicted, among others.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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.
- Legal status
- Non-negotiated soft law
- 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.
- Legal status
- Non-negotiated soft law
- 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;
- Legal status
- Non-negotiated soft law
- 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;
- Legal status
- Non-negotiated soft law
- 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.
- Legal status
- Non-negotiated soft law
- 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.
- Legal status
- Non-negotiated soft law
- 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. 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".
- Legal status
- Non-negotiated soft law
- 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.
- Legal status
- Non-negotiated soft law
- 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
Climate change and internal displacement 2011, para. 32b
- Paragraph text
- Higher temperatures in water and air, and increasing acidity of seas;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
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.
- Legal status
- Non-negotiated soft law
- 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
Climate change and internal displacement 2011, para. 35
- Paragraph text
- In 2008, the Human Rights Council, in its resolution 7/23, requested OHCHR to undertake a study, in consultation with States and other key stakeholders, on the relationship between climate change and human rights. The study (A/HRC/10/61) provides an overview of the effects of climate change for human rights, including its impact on specific rights, vulnerable groups of persons, forced displacement and conflict, and examines the human rights implications of response measures to climate change. Importantly, it outlines relevant national and international obligations under international human rights law, including those relating to the progressive realization of economic, social and cultural rights and access to information and participation in decision-making. The study concludes that measures to address climate change should be informed and strengthened by international human rights standards and principles.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Climate change and internal displacement 2011, para. 73
- Paragraph text
- Guiding Principles 6(c) and 7(1)(3) provide for specific standards and criteria that must be met when displacement is envisaged in a non-emergency context, such as with regard to the mitigation measures mentioned above and large-scale development projects. In the context of mitigation measures to address climate change, it will be important to assess the potential displacement likely to result from such measures and to strengthen guidelines, applying the standards in the Guiding Principles and a human rights-based approach.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Looking forward: addressing new challenges and consolidating gains 2011, para. 59
- Paragraph text
- The mandate intends to continue to actively engage with African States on the ratification and implementation of the Kampala Convention in a number of ways, including: by holding regional consultations and workshops with concerned States; providing technical advice and assistance in the formulation of national policies and legislation implementing the Convention; and by developing generic tools on the Convention intended to provide guidance on specific aspects related to its domestic implementation. The latter could include annotations and commentary to the Convention, which can render more explicit the content and implications of its provisions and in this manner also assist its application and interpretation by States. A fuller description of the content of the Kampala Convention could also draw on the link between the Guiding Principles and the Convention, as well as its integration and references to international humanitarian, criminal and human rights law.
- Legal status
- Non-negotiated soft law
- 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
- 2011
Paragraph
Evolution, challenges and trends in internal displacement 2012, para. 30
- Paragraph text
- However, a study undertaken a few years later, in 2003, found that while considerable efforts had been made in a number of countries, the United Nations approach to protecting the rights of internally displaced persons continued to be largely ad hoc and suffered from insufficient political and financial support, which had undermined efforts in the field. The General Assembly reiterated the need to further strengthen inter-agency arrangements and the capacities of the United Nations and other relevant actors in order to meet the immense challenges of internal displacement and stressed the importance of an effective, accountable and predictable collaborative approach (resolution 58/177, para. 13). This led to the adoption by the Inter-Agency Standing Committee of a policy which sought to reinforce the collaborative response, but which was subsequently superseded in 2006 by the cluster approach, an arrangement aimed at creating more predictable and accountable leadership in nine sectors of humanitarian response.
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph
Evolution, challenges and trends in internal displacement 2012, para. 34
- Paragraph text
- At the global level, the Heads of State and Government assembled in New York for the 2005 World Summit unanimously recognized the Guiding Principles as an important international framework for the protection of internally displaced persons (General Assembly resolution 60/1, para. 132), a recognition subsequently echoed by the Human Rights Council in its resolutions 6/32 and 20/9, and the General Assembly in resolution 66/125. The General Assembly further welcomed the fact that an increasing number of States, United Nations agencies and regional and non-governmental organizations were applying them as a standard, and encouraged all relevant actors to make use of the Guiding Principles when dealing with situations of internal displacement (resolution 62/152, para. 10). In addition, it has also recognized that the protection of internally displaced persons has been strengthened by identifying, reaffirming and consolidating specific standards for their protection, in particular through the Guiding Principles on Internal Displacement (resolution 66/165, tenth preambular paragraph).
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph
Evolution, challenges and trends in internal displacement 2012, para. 38
- Paragraph text
- The Protocol on Internally Displaced Persons served as an impetus for the African Union to draft the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention). A watershed in international law for the protection of internally displaced persons, the Kampala Convention was adopted by the African Union at its first ever Special Summit on Refugees, Returnees and Internally Displaced Persons, held in Kampala in October 2009. Developed over a five-year period, a process to which this mandate contributed at the request of the African Union, the Kampala Convention incorporates the Guiding Principles and sets out obligations for States parties, the African Union and humanitarian agencies in relation to all phases of displacement.
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph
Evolution, challenges and trends in internal displacement 2012, para. 50
- Paragraph text
- Throughout the past 20 years of its existence and the various humanitarian reform initiatives that have taken place, the mandate has maintained a unique position and advocacy function concerning the human rights of internally displaced persons, in a context where there is no lead or single United Nations agency designated to be the voice for the internally displaced or to have an overall mandate for them. It has undertaken advocacy functions at all levels, international, national and regional, including more recently with respect to the ratification of the Kampala Convention. Drawing on its legacy of the Guiding Principles, it has worked to give practical effect to them through the development of normative standards and guidance intended to assist Governments and the humanitarian and development communities to operationalize different aspects of the Guiding Principles at different stages of displacement (A/HRC/13/21/Add.4).
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph
Evolution, challenges and trends in internal displacement 2012, para. 52
- Paragraph text
- Recognizing the primary responsibility of the State for protection and assistance to internally displaced persons, a key focus of the mandate has been to support States in meeting that responsibility. It has done so through country visits and a strong tradition of follow-up visits, as well as other forms of continued practical engagement with States, such as participation in national workshops; the provision of technical guidance and support in the development of national legal and policy frameworks, as in the case of Kenya and Afghanistan more recently; and through training programmes such as the annual San Remo Course on the Law of Internal Displacement. Over the course of its existence, the mandate has visited over 30 countries, many repeatedly through follow-up visits, a key feature of the mandate's working methods intended to promote a process of continued dialogue with and support to States in the implementation of the mandate's recommendations and other initiatives on behalf of internally displaced persons.
- Legal status
- Non-negotiated soft law
- 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
- 2012
Paragraph
Climate change and internal displacement 2011, para. 76
- Paragraph text
- In order to be successful, adaptation measures addressing internal displacement must provide durable solutions strategies in the form of return, local integration or resettlement in another part of the country. However, in the context of climate change, durable solutions are likely to be more complex and less static or one-dimensional. They may combine a number of solutions, including movements which are seasonal or temporary, or solutions which include continuity with the place of origin as well as integration in a different part of the country (for example, part of the family returns to the place of origin permanently or on a seasonal basis, while the breadwinner works in another location). Strategies addressing internal displacement should therefore be sufficiently flexible to include and support various scenarios of human adaptation, and ensure that durable solutions are based on free and informed consent.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
Paragraph