A/70/334
internal displacement, distilling years of lessons learned and good practices. These
include a manual for law- and policymakers 4 and a guide on the development of
national instruments 5 published by the Brooking Institution and a handbook on
internal displacement for parliamentarians issued by the Inter -Parliamentary Union
(IPU) and the Office of the United Nations High Commi ssioner for Refugees
(UNHCR). 6
30. Over 25 countries so far have adopted specific national instruments on internal
displacement. National instruments such as legal and policy frameworks are
essential tools for strengthening domestic responses to internal displacem ent and
establishing in law a set of common principles and guidance for all stakeholders,
including internally displaced persons themselves, whose rights should be clearly
articulated. As stated in National Instruments on Internal Displacement: “If
properly implemented, a coherent national instrument that clearly allocates
responsibilities within the government can build trust and confidence in its actions. ”
31. Not only must legal and policy frameworks be put in place, but they must be
appropriately resourced and implemented in practice. Following his official visit to
Iraq in May 2015, the Special Rapporteur highlighted the fact that the valuable Iraqi
National Policy on Displacement, formulated by the Ministry of Displacement and
Migration in 2008 with national and international partners, was not being
implemented in practice and did not currently represent an effective basis for
government action. He noted that government responses were consequently ad hoc
and that it was vital to update the existing policy and to implement it nationally,
with budgets in place and with more effective governance and response structures
and institutions to help guide and regulate government action at the national and
regional levels.
32. National instruments are critical in guaranteeing effective cooperation and
coordination between all stakeholders. National instruments facilitate tailored
responses to specific displacement contexts by setting out the State ’s priorities and
activities in support of internally displaced persons and laying out the roles and
responsibilities of each ministry or agency with a sectoral interest in internally
displaced persons. National instruments should fully incorporate the Guiding
Principles and regional instruments to which the country is a p arty, such as the
Kampala Convention, while tailoring them to fit the national and local situation.
33. Following his visit to Ukraine in September 2014, several provincial
governments and civil society organizations involved in the response to the
displacement crisis caused by conflict in Eastern Ukraine expressed concern that the
lack of a law and policy on internal displacement was seriously hampering their
responses. A law would clarify the rights of internally displaced persons, establish
institutional responsibility, inform policy and programming decisions and, crucially,
provide a legal basis for provision of funds at the national and regional levels. The
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5
6
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Brookings-Bern Project on Internal Displacement, Protecting Internally Displaced Persons: A
Manual for Law and Policymakers (Washington, D.C., Brookings Institution, 2008).
Internal Displacement Monitoring Centre, Norwegian Refugee Council and Brookings
Institution-London School of Economics Project on Internal Displacement, National Instruments
on Internal Displacement: A Guide to their Development (Washington, D.C., Brookings
Institution, 2013).
Internal Displacement: Responsibility and Action, Handbook for Parliamentarians No. 20
(Geneva, 2013).
15-12504
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