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Home»Document Library»Report of the Representative of the Secretary-General on the human rights of internally displaced persons: Framework on Durable Solutions for Internally Displaced Persons

Report of the Representative of the Secretary-General on the human rights of internally displaced persons: Framework on Durable Solutions for Internally Displaced Persons

Library
Walter Kälin
2010

Summary

Displacement is a life-changing event. While the experience of displacement cannot be undone, internally displaced persons (IDPs) need to be able to resume a normal life by achieving a durable solution.

This report sets out a framework on durable solutions for internally displaced persons. It is organised around four questions: what is a durable solution for internally displaced persons; what key principles should guide the search for durable solutions; how should a rights-based process to support a durable solution be organized and what criteria determine to what extent a durable solution has been achieved.

Key findings:

  • A durable solution is achieved when internally displaced persons no longer have any specific assistance and protection needs that are linked to their displacement and can enjoy their human rights without discrimination on account of their displacement. It can be achieved through sustainable reintegration: at the place of origin (return); in areas where internally displaced persons take refuge (local integration); and in another part of the country (settlement elsewhere in the country).
  • The primary responsibility to provide durable solutions for IDPs needs to be assumed by national authorities. International humanitarian and development actors have complementary roles. The needs, rights and legitimate interests of IDPs should be the primary considerations guiding all policies and decisions on durable solutions. Relevant actors need to respect the right of IDPs to make an informed and voluntary choice on what durable solution to pursue and participate in the planning and management of durable solutions. IDPs choice of local integration or settlement elsewhere in the country, in the absence of the option to return, must not be regarded as a renunciation of their right to return should that choice later become feasible. Under no circumstances should IDPs be encouraged or compelled to return or relocate to areas where their life, safety, liberty or health would be at risk. IDPs seeking a durable solution must not be subject to discrimination for reasons related to their displacement. Likewise, populations and communities that (re-)integrate them and whose needs may be comparable, must not be neglected in comparison to the displaced. IDPs who have achieved a durable solution continue to be protected by international human rights and, where applicable, humanitarian law.
  • National and local authorities, humanitarian and development actors need to work together to effectively support internally displaced persons and set up a rights-based process so that: they are in a position to make an informed and voluntary decision on the durable solution they would like to pursue; they participate in the planning and management of the durable solution; they have safe, unimpeded and timely access to all actors supporting the achievement of durable solutions; they have access to effective mechanisms that monitor the process and the conditions on the ground; and, in situations of displacement resulting from conflict or violence, they are at least indirectly involved in peace processes and peacebuilding efforts.
  • Criteria to determine to what extent a durable solution has been achieved include: long-term safety, security and freedom of movement; adequate standard of living, including at a minimum access to adequate food, water, housing, health care and basic education; access to employment and livelihoods; access to effective mechanisms that restore housing, land and property or provide compensation; access to and replacement of personal and other documentation; voluntary reunification with family members separated during displacement; participation in public affairs at all levels on an equal basis with the resident population; effective remedies for displacement-related violations, including access to justice, preparations and information about the causes of violations available to IDPs without discrimination.

Source

Kälin, W. (2010). Report of the Representative of the Secretary-General on the human rights of internally displaced persons: Framework on Durable Solutions for Internally Displaced Persons. New York: UN.

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