A/71/279
international human rights law and standards, is vital to the protection of those
affected by crises. The Summit provided a strong message that abiding by
international laws and standards is an obligation that must be upheld in practice and
offers the “last protection against barbarity”. Nevertheless, the targeting of civilians
and residential areas, including attacks on camps for internally displaced persons,
the besieging of populations and restrictions on civilians seeking safety is frequent
in some ongoing conflicts. Displacement could be reduced if international
humanitarian law was respected by all parties to armed conflict, in particular the
principles of distinction, proportionality and precaution and the prohibition on
ordering the displacement of the civilian population for reasons related to an armed
conflict, unless their security demands it. Improving compliance with international
humanitarian law and increasing efforts to protect civilians and limit the harm they
can be exposed to is vital to reducing displacement.
32. Internally displaced persons are frequently subjected to a wide range of
violations of their rights. In addition to attacks on civilian areas forcing them to flee
their homes, such violations include arbitrary detention, summary or arbitrary
execution, disappearance, torture and ill treatment, sexual and gender -based
violence, restrictions on freedom of movement and access to safety, and violations
of economic and social rights. Greater attention must be given to the protection of
internally displaced persons and ensuring that their fundamental rights are protected
and their humanitarian needs are met. Access to justice and legal remedy for
internally displaced persons is an often neglected concept in humanitarian situations
that must come to the fore, recognizing them not only as assistance recipients but
rights holders.
33. The Special Rapporteur urges respect for the Guiding Principles on Internal
Displacement globally, and the Kampala Convention in Africa. Internally displaced
persons retain their human rights and guarantees stipulated in the Guiding Principles
even in emergencies or armed conflict, and such rights provide the foundation upon
which assistance, protection and durable solutions can be implemented. He was
among participants recognizing the wider value of human rights norms prior to as
well as during conflict and as a means of preventing violence and conflict. The
equal weight given to international human rights law alongside international
humanitarian law in the Summit constitutes an important recognition that human
rights must be protected and rights-based approaches employed as essential
elements of prevention and protection in all phases of humanitarian and
development responses.
34. In the 2005 World Summit Outcome, Heads of State recognized the Guiding
Principles as an important international framework for the protection of internally
displaced persons. They constitute a vital articulation of minimum standards for
States, from prevention of displacement to protection during displacement, and
provide guidance on applicable legal principles for pro tection and assistance, return,
resettlement or reintegration. Regional frameworks, including the Kampala
Convention, national policies and legal frameworks are also essential to ensuring
that international standards are translated into regional and State law. Responses to
internal displacement are hampered by the lack of domestic legal and policy
frameworks related to internally displaced persons.
35. The Special Rapporteur is concerned that knowledge of standards relating to
the rights of internally displaced persons, including the Guiding Principles and the
10/25
16-13413
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