A/70/334
principles 12.1-12.6 relating to national procedures, institutions and mechanisms for
considering restitution claims of displaced persons.
83. As internally displaced persons’ lands and properties may have been occupied
by others, disputes may arise and national authorities must establish effective
mechanisms to resolve them, making sure that the procedures are simplified so that
they do not put an additional burden on internally displaced persons. Full
consultation with and participation of internally displaced persons and
displacement-affected communities in issues related to land reform are essential and
key to assessing the extent to which a durable solution has been achieved.
Therefore, these mechanisms must be accessible and internally displaced persons
must be provided, where needed, with free legal assistance to pursue their claims.
As pointed out in the Inter-Agency Standing Committee Framework: “In some cases
it may be appropriate to establish special restitution and compensation mechanisms
(e.g. a Land Claims Commission) while in others, existing institutions, including
traditional property dispute mechanisms, may have the capacity to handle the
caseload effectively and impartially.”
84. During his visit to Cote d’Ivoire, the Special Rapporteur was pleased to learn
that an inter-ministerial technical committee had been established to address land
issues. However, it was noted that a specific government focal point on land reform
issues would have been more valuable to ensure coordination of national efforts and
the
participation
of
internally
displaced
persons
in
the
process
(A/HRC/23/44/Add.1). During his follow-up visit in 2014, he welcomed the efforts
undertaken by the Government to resolve disputes over land issues. 13
Family reunification
85. During displacement, family members may be separated or some may go
missing. In both post-conflict and post-disaster situations, national authorities have
the responsibility to reunite families and to create specific mechanisms to look into
the whereabouts of missing relatives. The Inter-Agency Standing Committee
Framework states: “Appropriate tracing is to be undertaken at the earliest possible
time to establish the fate and whereabouts of missing relatives and to inform the
next of kin of progress made in the investigation and the results obtained.” During
his visit to Sri Lanka in December 2013, the Special Rapporteur learned that the
Government had appointed a commission to investigate the fate of nearly
18,000 people who went missing during the armed conflict. He recommended that it
should comply fully with international standards, work in full consultation with the
families of the missing persons, extend its coverage to include missing
persons/disappearances since May 2009 and make its finding and recom mendations
public (A/HRC/26/33/Add.4).
Documentation and participation in public affairs
86. Mechanisms to replace lost or other documents should be establishe d at the
earliest opportunity. The lack of documentation can be a major barrier to
registration, free movement or the ability to access benefits and other assistance.
Mechanisms should be accessible and affordable to all internally displaced persons,
regardless of their displacement situation. The establishment of local or mobile
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13
22/26
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14881&LangID=E.
15-12504
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