RES/32/11 Mandate of the Special Rapporteur on the human rights of internally displaced persons

GE.16-12303(E)



Human Rights Council Thirty-second session

Agenda item 3

Resolution adopted by the Human Rights Council on 1 July 2016

32/11. Mandate of the Special Rapporteur on the human rights of

internally displaced persons

The Human Rights Council,

Recalling all previous resolutions on internally displaced persons adopted by the

General Assembly, the Commission on Human Rights and the Human Rights Council,

including Assembly resolution 70/165 of 17 December 2015 and Council resolution 23/8 of

13 June 2013,

Recalling also General Assembly resolution 46/182 of 19 December 1991 on the

strengthening of the coordination of humanitarian emergency assistance of the United

Nations, and the Guiding Principles on Internal Displacement annexed thereto,

Recalling further Human Rights Council resolutions 5/1, on the institution-building

of the Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of

the Council, of 18 June 2007, and stressing that the mandate holder shall discharge his or

her duties in accordance with those resolutions and the annexes thereto,

Deeply disturbed by the alarmingly high number of internally displaced persons

throughout the world, for reasons including violations and abuses of human rights,

violations of international humanitarian law, armed conflict, persecution, violence and

terrorism, as well as natural and human-made disasters, who receive inadequate protection

and assistance, and conscious of the serious challenges that this is creating for the people

affected, including the host communities, and for the international community,

Conscious of the human rights, humanitarian, development and possible

peacebuilding dimensions of internal displacement, including in long-term displacement

situations, the often heightened vulnerability of women and children, as well as of older

persons and persons with disabilities, and the responsibilities of States and the international

community to further strengthen their protection and assistance, including by respecting

and protecting the human rights and fundamental freedoms of all internally displaced

persons, with a view to finding durable solutions,

Noting the need for greater mainstreaming of the human rights of internally

displaced persons across the United Nations system in order to address more effectively the

challenges they face, including by giving due consideration to the re-establishment of a

Representative of the Secretary-General, and welcoming the recommendations of the

Special Rapporteur on the human rights of internally displaced persons in this regard,

Emphasizing that States have the primary responsibility to provide protection and

assistance to internally displaced persons within their jurisdiction, without discrimination,

including through the facilitation of durable solutions, and to address the root causes of the

displacement problem in appropriate cooperation with the international community,

1. Commends the Special Rapporteur on the human rights of internally

displaced persons for the activities undertaken to date, the catalytic role that he has played

in raising the level of awareness of the plight of internally displaced persons, and his

ongoing efforts to address their development and other specific needs, including through

the mainstreaming of the human rights of internally displaced persons into all relevant parts

of the United Nations system;

2. Welcomes the report of the Special Rapporteur on the human rights of

internally displaced persons submitted to the Human Rights Council at its thirty-second

session1 and the conclusions and recommendations contained therein;

3. Notes with appreciation the holding of the World Humanitarian Summit in

Istanbul, Turkey, on 23 and 24 May 2016, and recalls the resolve to pursue a new approach

to address the needs of internally displaced persons that would meet immediate

humanitarian needs and longer-term development outcomes to enhance the self-reliance of

internally displaced persons and host communities;

4. Recalls that the Secretary-General has urged all stakeholders to commit to a

comprehensive global plan to reduce internal displacement, in a dignified and safe manner,

by at least 50 per cent by 2030;

5. Expresses its appreciation to those Governments and intergovernmental and

non-governmental organizations that have provided protection and assistance to internally

displaced persons, including through the facilitation of durable solutions and the inclusion

of internally displaced persons within their national development plans, and have supported

the work of the Special Rapporteur;

6. Expresses concern at the persistent problems of the large number of

internally displaced persons worldwide, in particular the risk of extreme poverty and

socioeconomic exclusion, their limited access to humanitarian assistance and long-term

development efforts and assistance, vulnerability to violations of international law, in

particular human rights law and international humanitarian law, and difficulties resulting

from their specific situation, such as lack of protection, food, shelter, health services,

education, disruption to family links and loss of essential documents, and issues pertinent to

their reintegration, including, in appropriate cases, the need for the restitution of or

compensation for property;

7. Also expresses concern at the problem of protracted internal displacement,

and recognizes the need for the integration of the rights and needs of internally displaced

persons into both rural and urban development strategies, and for their participation in the

design and implementation of these strategies, as well as the need to secure durable

solutions, including voluntary return, local integration or settlement elsewhere in the

country, in a dignified and safe manner;

8. Expresses particular concern about the full range of threats, violations and

abuses of human rights and violations of international humanitarian law experienced by

1 A/HRC/32/35.

many internally displaced persons, including women and children, who are particularly

vulnerable or specifically targeted, especially for sexual and gender-based violence and

sexual exploitation and abuse, trafficking in persons, forced recruitment and abduction,

encourages the continued commitment of the Special Rapporteur to promote action to

address their particular assistance and protection needs, and calls upon States, in

cooperation with international agencies and other stakeholders, to provide protection and

assistance to internally displaced persons who are victims of the above-mentioned

violations and abuses, as well as other groups of internally displaced persons with special

needs, such as severely traumatized individuals, older persons and persons with disabilities,

taking into account all relevant resolutions of the General Assembly and the Security

Council;

9. Calls upon all parties to armed conflict to comply with their obligations

under international humanitarian law and international human rights law, as applicable,

with a view to preventing forced displacement and promoting the protection of civilians,

and calls upon Governments to take measures to respect and protect the human rights of all

internally displaced persons, without distinction of any kind, in accordance with their

applicable obligations under international law;

10. Strongly condemns the continued perpetration of sexual and gender-based

violence against internally displaced persons of all ages, with women and girls

disproportionately victimized, and urges authorities and the international community to

work together for effective prevention and response, security, protection of human rights,

access to justice and victim assistance, and in addressing the causes of violence against

women and girls and fighting impunity across the board;

11. Urges States and other relevant actors to take into account the specific needs

of persons with disabilities and of older persons when promoting and ensuring the

protection of the human rights of internally displaced persons, in particular by ensuring that

persons with disabilities and older persons have timely, appropriate and equal access to

assistance, protection and rehabilitation services, including health care, sexual and

reproductive health-care services, psychosocial support and educational programmes;

12. Calls upon States, in cooperation with international agencies and other

stakeholders, to ensure and support the full and meaningful participation of internally

displaced persons, including women, at all levels of decision-making processes and

activities that have a direct impact on their lives, in all aspects relating to internal

displacement regarding the promotion and protection of human rights, the prevention of

human rights violations and abuses, the inclusion in local and national development plans

and activities and the design and implementation of durable solutions, including by

fostering voluntary return, local integration or settlement elsewhere in the country in a

dignified and safe manner, as well as peace processes, peacebuilding, transitional justice,

post-conflict reconstruction and development;

13. Expresses concern at the internal displacement caused by disasters,

exacerbated by the adverse effects of climate change, poverty and other factors, and

recognizes the need for a human rights-based approach to disaster risk reduction, early

warning, disaster contingency planning, disaster management and mitigation, as well as

recovery efforts, to reduce and address disaster displacement, to better protect and attend

the needs of affected persons, and to find durable solutions, and recalls the relevant

provisions of the Sendai Framework for Disaster Risk Reduction 2015-20302 and the Paris

Agreement3 in this regard;

14. Reaffirms the recognition of the Guiding Principles on Internal Displacement

as an important international framework for the protection of internally displaced persons,

and encourages Member States and humanitarian agencies, as well as development donors

and other providers of development assistance, to continue to work together in endeavours

to provide a more predictable response to the needs of internally displaced persons,

including their need for long-term development assistance for the implementation of

durable solutions, and in this regard calls for international support, upon request, for the

capacity-building efforts of States;

15. Decides to extend the mandate of the Special Rapporteur on the human rights

of internally displaced persons for a period of three years:

(a) To address the complex problem of internal displacement, in particular by

mainstreaming the human rights of the internally displaced into all relevant parts of the

United Nations system;

(b) To work towards strengthening the international response to the complex

problem of situations of internal displacement, and to engage in coordinated international

advocacy and action for improving protection and respect of the human rights of the

internally displaced, while continuing and enhancing inclusive dialogue with Governments,

intergovernmental, regional and non-governmental organizations and other relevant actors;

16. Requests the Special Rapporteur on the human rights of internally displaced

persons, in carrying out the mandate:

(a) To continue, through continuous dialogue with Governments,

intergovernmental, regional and non-governmental organizations and other relevant actors,

the analysis of the reasons for internal displacement, the needs and human rights of those

displaced, measures of prevention, including measures relating to the protection of and

assistance to persons at risk of displacement, and ways to strengthen protection, as well as

assistance and durable solutions for internally displaced persons, taking into account

specific situations and relevant information, including, in particular, statistics and data

disaggregated by age, sex, diversity and location, and to include reliable information

thereon in his or her reports submitted to the Human Rights Council;

(b) To continue, through continuous dialogue with Governments,

intergovernmental, regional and non-governmental organizations and other relevant actors,

his or her efforts to promote comprehensive and inclusive strategies and support that focus

on the prevention of displacement, better protection and assistance, durable solutions and

the integration of internally displaced persons into national development plans, taking into

account the primary responsibility of States within their jurisdiction in this regard;

(c) To continue to use the Guiding Principles on Internal Displacement in his or

her dialogue with Governments, States in post-conflict or other situations,

intergovernmental, regional and non-governmental organizations and other relevant actors,

and to continue his or her efforts to further the dissemination, promotion and application of

the Guiding Principles and to provide support for efforts to promote capacity-building and

the use of the Guiding Principles, as well as the development of domestic legislation and

policies;

2 General Assembly resolution 69/283, annex II.

3 FCCC/CP/2015/10/Add.1.

(d) To integrate a gender perspective throughout the work of the mandate, and to

give special consideration to the human rights of internally displaced women and children,

and of other groups with special needs, such as older persons, persons with disabilities and

severely traumatized individuals affected by internal displacement, and their particular

assistance, protection and development needs;

(e) To continue his or her efforts to promote, where appropriate, the

consideration of the human rights and the specific protection and assistance needs of

internally displaced persons in peace processes and peace agreements, and in reintegration

and rehabilitation processes;

(f) To continue to pay attention to the role of the international community in

assisting affected States, upon request, in meeting the protection and assistance needs of

internally displaced persons, including in implementing national strategies, and to

incorporate in his or her advocacy activities an emphasis on the mobilization of adequate

resources in response to the needs of affected countries;

(g) To continue, through continuous dialogue with Governments,

intergovernmental, regional and non-governmental organizations and other relevant actors,

his or her efforts to promote the protection of the human rights of internally displaced

persons in the context of disasters;

(h) To strengthen further the cooperation established between the Special

Rapporteur and the United Nations, including in the framework of the Peacebuilding

Commission, and with other international and regional organizations, in particular his or

her participation in the work of the Inter-Agency Standing Committee and its subsidiary

bodies;

(i) To continue to use in his or her activities the Framework on Durable

Solutions for Internally Displaced Persons 4 of the Inter-Agency Standing Committee;

(j) To continue cooperation with development donors and other providers of

development assistance, including United Nations agencies and other relevant actors, to

further strengthen international assistance efforts in support of durable solutions;

17. Calls upon States to provide durable solutions, and encourages strengthened

international cooperation, including through the provision of resources and expertise to

assist affected countries, in particular developing countries, in their efforts and policies

relating to assistance, protection rehabilitation, durable solutions and development

assistance for internally displaced persons and their host communities;

18. Urges all countries to integrate the 2030 Agenda for Sustainable

Development5 into their respective national policies and development frameworks, as

appropriate, and recalls that the 2030 Agenda seeks to address the needs of the most

vulnerable, including internally displaced persons;

19. Encourages States to continue to develop and implement domestic legislation

and policies dealing with all stages of displacement in an inclusive and non-discriminatory

way, including through the identification of a national focal point within the Government

for issues concerning internal displacement, and through the allocation of budget resources,

and encourages the international community, relevant United Nations agencies and regional

and national actors to provide financial and technical support and cooperation to

Governments, upon request, in this regard;

4 See A/HRC/13/21/Add.4.

5 General Assembly resolution 70/1.

20. Welcomes the initiatives undertaken by regional organizations, such as the

African Union, the International Conference on the Great Lakes Region, the Organization

of American States, the Organization for Security and Cooperation in Europe and the

Council of Europe, to address the protection, assistance and development needs of

internally displaced persons and to find durable solutions for them, and encourages regional

organizations to strengthen their activities and their cooperation with the Special

Rapporteur;

21. Strongly welcomes the adoption, entry into force and ongoing process of

ratification of the African Union Convention for the Protection and Assistance of Internally

Displaced Persons in Africa, which marks a significant step towards strengthening the

national and regional normative framework for the protection of and assistance to internally

displaced persons in Africa, and encourages other regional mechanisms to consider the

development of similar regional normative frameworks for the protection of internally

displaced persons;

22. Strongly encourages all Governments, in particular Governments of countries

with situations of internal displacement, to facilitate the activities of the United Nations and

other relevant actors addressing the protection, assistance and development needs of

internally displaced persons and to respond favourably and expeditiously to requests by the

Special Rapporteur for visits and information, stresses the need of unimpeded access by the

Special Rapporteur in accordance with the mandate, and urges Governments and the

relevant bodies of the United Nations system, also at the country level, to follow up

effectively, where appropriate, on recommendations of the mandate holder and to make

available information on measures taken in this regard;

23. Encourages Governments, members of the Inter-Agency Standing

Committee, United Nations humanitarian coordinators and country teams to ensure the

provision of reliable data on internal displacement situations in order to inform an effective

and rights-based response, to share data with the Internal Displacement Monitoring Centre

for incorporation into global estimates and analysis, to request the support and guidance of

the Joint Internally Displaced Persons Profiling Service as needed to help to improve the

availability of actionable and agreed-upon data, and to provide financial resources, as

appropriate, in these respects;

24. Encourages the United Nations, including its specialized agencies, regional

intergovernmental organizations, mandate holders, interested institutions and independent

experts, and non-governmental organizations to develop and maintain regular dialogue and

cooperation with the Special Rapporteur in the fulfilment of the mandate;

25. Encourages all relevant United Nations organizations and humanitarian

assistance, human rights and development organizations to enhance their collaboration and

coordination, through the Inter-Agency Standing Committee and United Nations country

teams in countries with situations of internal displacement, to provide all possible

assistance and support to the Special Rapporteur, and requests the continued participation

of the Special Rapporteur in the work of the Inter-Agency Standing Committee and its

subsidiary bodies;

26. Requests the Secretary-General and the Office of the United Nations High

Commissioner for Human Rights to provide the Special Rapporteur with all the assistance

and adequate staffing necessary to carry out the mandate effectively, and to ensure that the

mechanism works in close cooperation with the Emergency Relief Coordinator, with the

continued support of the Office for the Coordination of Humanitarian Affairs, the Office of

the United Nations High Commissioner for Refugees and all other relevant United Nations

offices and agencies;

27. Requests the Special Rapporteur to continue to submit annual reports on the

implementation of the mandate to the Human Rights Council and the General Assembly,

making suggestions and recommendations regarding the human rights of internally

displaced persons, including on the impact of measures taken at the inter-agency level;

28. Decides to continue its consideration of the question of the human rights of

internally displaced persons in conformity with its programme of work.

43rd meeting

1 July 2016

[Adopted without a vote.]