A/79/334
whereas States that prioritize demonstrating effective control over their populations
may be less inclined to acknowledge internally displaced persons. 26
35. Of the 156 peace agreements signed since 2007 stored in the Peace Agreements
Database and that specifically address internal displacement, only 70 contain
substantive provisions related to durable solutions as defined under the Framework
on Durable Solutions for Internally Displaced Persons. The durable solutions criteria
most frequently reflected were long-term safety, security and freedom of movement,
the restitution of housing land and property and post-conflict reconstruction and
development. In contrast, access to justice, reparations, political participation, family
reunification, education, livelihoods restoration and access to documentation were
frequently overlooked criteria.
36. Several recent agreements provide examples of durable solutions provisions.
Under the Political Agreement for Peace and Reconciliation in the Central African
Republic, signed in 2019, the Government is explicitly committed to creating the
conditions necessary for the voluntary return, reintegration and social reinsertion of
internally displaced persons, including through the adoption of specific instruments
to protect their rights to land and other assets (art. 4 (k)). Signatory armed groups are
compelled to respect the property of communities, including those in situations of
displacement (art. 5 (i)). The 2016 peace agreement for Colombia contains several
commitments aimed at addressing the underlying drivers of displacement and
ensuring the non-recurrence of human rights violations, including arbitrary
displacement, which the State has incorporated into ordinary law. Those commitments
include measures to initiate comprehensive rural reform, increase political
participation, address the illicit drug trade and uphold the rights of victims by
addressing the structural issues that led to the internal conflict. 27 In the Philippines,
the Comprehensive Agreement on the Bangsamoro includes socioeconomic
development programmes in favour of internally displaced persons, 28 which are
rendered into ordinary law through the Bangsamoro Organic Law (art. XIV, sect. 1).
C.
Addressing root causes of violence and displacement and
promoting reconciliation
37. The long-term viability of peace agreements and of durable solutions to internal
displacement is contingent upon the extent to which those agreements and associated
peacebuilding processes address the root causes of violence and displacement.
Victims of human rights violations, including internally displaced persons, must
enjoy meaningful guarantees for the prevention and non-recurrence of future
violations of their human rights, in order to feel secure in their place of residence,
trust the institutions mandated to uphold their rights and rebuild their lives.
38. International, national and local peace actors should take a conflict -sensitive
approach in which measures to prevent future internal displacement and conflict are
favoured. Their actions should help to strengthen national and local peace
infrastructure, such as community dispute resolution mechanisms, that can help to
mitigate future tensions, violence and conflict and serve as a space for exchange
between internally displaced and host communities. In his New Agenda for Peace, the
Secretary-General advocates in favour of national prevention strategies, which can
provide peace actors with the opportunity to collaborate with humanitarian, human
rights and development actors in creating conditions that enable protective
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26
27
28
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Ileana Nicolau, “IDP protection and State sovereignty: explaining norm institutionalisation in
Colombia, Peru and Kenya”, PhD dissertation, European University Institute, June 2022.
Submission by the Constitutional Court of Colombia (2024).
Annex on Normalization, sect. G, para. 1.
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