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environments for the development of durable solutions and full respect for human
rights without discrimination.
39. In many peace processes, there is a balance to be struck between the short -term
compromises necessary to achieve a peace agreement and end violence as soon as
possible and the need to address more contentious issues related to justice and
accountability, including for human rights violations and arbitrary displacement.
However, favouring the former over the latter may jeopardize the long -term viability
of any agreement, as peace agreements that excessively ignore or postpone the
demands of justice may help to achieve conflict reduction in the short run, but rarely
avoid controversy or succeed in silencing those demands in the long run, thus creating
unstable situations. 29
40. The prevalence of weak, ineffective or corrupt governance institutions, or of
institutions that are not seen as representative of the entire population, can be a key
driver of violence and displacement. Such institutions – in particular those in the
security sector – may have actively participated in or enabled human rights violations
affecting civilians before or during periods of conflict, or they may have been
unwilling or unable to prevent such violations from being perpetrated by other actors.
As a result, they may have lost legitimacy in the eyes of internally displaced persons
and other victims of human rights violations. Reforming or rebuilding those
institutions is crucial to preventing the recurrence of future atrocities and promoting
reconciliation and should be a focus of early post-conflict reconstruction efforts.
Measures for doing so can include establishing a transitional administration, holding
a constitutional referendum and convening elections. It is crucial to ensure that
internally displaced persons enjoy the civil and political rights necessary to
participate fully in those processes, including the right to vote and take part in
elections. Political participation without discrimination is crucial to peace, recovery
and long-term development for societies emerging from conflict, as is the integration
or re-integration of internally displaced persons as equal rights holders.
41. Law and policy reform may also be essential to addressing the root causes of
violence and preventing further displacement. For example, in cases where housing,
land and property grievances had led to conflict, implementing land governance
reforms, strengthening legal frameworks to protect housing, land and property rights
and implementing land dispute resolution mechanisms could protect rights, address
inequalities and mitigate future grievances and instability. Such reforms could also
contribute to State transformation by establishing or re-establishing trust among
citizens and in the ability of State institutions to uphold human rights.
42. Transitional justice mechanisms should address the full set of issues relevant to
internally displaced persons and to enabling durable solutions to their displacement.
Those issues include protection, access to justice, housing, land and property matters,
social cohesion and clarification of the fate and whereabouts of missing relatives.
Inequalities or ineffective governance related to those areas are often at the heart of
conflicts, and it is often the people whose rights in those areas are less effec tively
protected who experience arbitrary displacement during conflicts. Strengthening
governance in those areas as part of transitional justice processes is critical to prevent
the recurrence of human rights violations and ensure durable solutions.
43. Humanitarian, development and peace actors should coordinate their efforts
throughout the response to conflict, as well as during the transition from risk -based
approaches to protection deployed during crises to comprehensive human rights based approaches that enable sustainable peace. Absent dedicated efforts in that
regard, there is a risk of different actors remaining siloed in their language, mandates
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Louise Mallinder and Ron Slye, “Rethinking peace and justice”, Institute for Integrated
Transitions, 2021.
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