Guide to International Human Rights Mechanisms - Brookings

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Go To Part I II III IV V International Mechanisms | UN Bodies Representative of the Secretary-General on the Human Rights of Internally Displaced Persons Background In 1992, pursuant to a request in a resolution by the former Commission on Human Rights, the United Nations Secretary-General appointed a representative on internally displaced persons. In 2004, a new mandate was created called the “Representative of the Secretary-General on the human rights of internally displaced persons” (RSG). The RSG is a human rights expert who undertakes country visits, engages in dialogue with governments, sponsors regional and national seminars, promotes the Guiding Principles on Internal Displacement (Annex 1), encourages the development of national laws and policies on internal displacement, supports the work of civil society and national human rights institutions, and works to “mainstream” the human rights of IDPs in the UN system. Although the RSG does not have an explicit mandate to take up individual cases, he is entitled to intervene in specific situations of imminent or past violations of the rights of IDPs (including through “urgent appeals” and “allegation letters”) that also can be taken up by other Special Procedures. What you can Do IDPs and concerned NGOs can contact the RSG to inform him about specific situations of internal displacement or about larger trends, issues or concerns about displacement in their countries. The RSG will contact relevant authorities about specific situations where they involve impending or recently imposed forcible displacement or forcible return or other issues. IDPs and concerned NGOs can also suggest countries for the RSG to visit where his advocacy might make a particular difference. evaluation The RSG is the only international human rights mechanism specifically focused on internal displacement. The RSG was instrumental in the development of the Guiding Principles on Internal Displacement, a “soft law” document that compiles, restates and interprets existing human rights and humanitarian law relevant to internal displacement. He provides advice to governments on the adoption of laws and policies based on the Principles, promotes better conditions for IDPs and has also encouraged the United Nations system to develop policies and programs responsive to the rights of IDPs. The RSG’s focus is mainly on policy-level dialogues with governments, development of tools to encourage domestic incorporation of the Guiding Principles, and targeted support to the IDP-related work of civil society institutions and national human rights institutions. He does intercede about specific situations, but individual complaints about human rights abuses covered by other Special Procedures (for example, torture of IDPs, extrajudicial executions of IDPs, arbitrary detention of IDPs) will normally be referred to them. At the same time, the RSG will take up individual or collective complaints concerning IDP issues that fall outside the scope or main focus of other mandates, such as issues of obtaining identification and residency documentation, voting rights, forcible return, and adequacy of rehabilitation measures. If in doubt about where to direct a particular complaint, IDPs and their advocates should send it to the RSG who may refer it or act upon it as appropriate. Who may submit communications Anyone may submit communications to the RSG. Guide to International Human Rights Mechanisms for Internally Displaced Persons and their Advocates 0
Go To Part I II III IV V International Mechanisms | UN Bodies competence The RSG may consider IDP issues involving any UN member state. He may also address IDP concerns in areas controlled by non-state actors or de facto authorities. The RSG uses the Guiding Principles on Internal Displacement (Annex 1) as his overall framework for action. exhaustion of remedies There is no requirement to exhaust local remedies before communicating with the RSG. Duplication of Procedures There is no formal rule prohibiting duplication but individual communications involving rights covered by other Special Procedures will normally be forwarded to them. Time issues For individual communications about forcible displacement or return, the RSG will be most likely to intervene if the act is impending or recently committed. The RSG can make urgent appeals in appropriate situations. language and format Communications may be in any of the official UN languages: Arabic, Chinese, English, French, Russian or Spanish. There is no required format. General information about IDP situations is welcome. For the areas in which the RSG addresses specific situations, communications should include the name and contact information of the sender and provide the date and place of the incident and a detailed description of the circumstances. Procedure When an individual communication is received, it will be assessed by OHCHR secretariat staff for the appropriateness of RSG intervention. The RSG may then issue a letter to the government concerned directly or through diplomatic missions in Geneva. Potential result The RSG may intervene by letter, direct contact with diplomatic officials, a country mission, or public statements as appropriate. He may issue a joint statement with other Special Procedures. He may also refer to specific situations or larger patterns in his reports to the Human Rights Council and the General Assembly, which are made publicly available. send communications to: Representative of the Secretary-General on the Human Rights of Internally Displaced Persons OHCHR-UNOG 8-14 Avenue de la Paix 1211 Geneva 10 Switzerland Fax: + 41 22 917 90 06 E-mail: urgent-action@ohchr.org (include the name of the procedure in the subject line) for more information Use the above contact information or the RSG’s website: www.ohchr.org/english/issues/idp/index.htm Guide to International Human Rights Mechanisms for Internally Displaced Persons and their Advocates 1
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The Brookings insTiTuTion - univers
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Foreword by the Representative of t
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Acronyms and Abbreviations TreaTies
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Introduction This guide is meant fo
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i. Background
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