Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 20
Paragraph- Paragraph text
- In both post-disaster and post-conflict situations there is an inevitable tension between the pressing need to act quickly and decisively in order to facilitate the return of the displaced to their lands and homes, and the need to be comprehensive and thorough in dealing with what are in fact very complex questions. In post-conflict situations this can become particularly complicated, with the tension playing itself out between short-term peace demands and compromises, and the longer-term needs of a sustainable reconciliation and reconstruction process. Finding practical and locally appropriate ways to resolve the dilemma is very important. Given the expansive content of the right to adequate housing, protecting and realizing that right is never a clear-cut, linear process where an obvious causal link can easily be established between action on the ground and ultimate impact. Massive displacement, frequent destruction of records related to land and property, the equally frequent absence of documentation to prove the prior occupation history of long-term informal users and occupants of land, the emergence of "rights in conflict" (such as occupation versus restitution), inadequate legal frameworks governing land management, the actions of powerful interest groups keen on capitalizing on the opportunity for profitable investment; are all factors which would in principle call for caution and careful analysis of strategic options. In crisis situations, where the initial, overriding objectives for Government and for those external actors engaged on the ground would first and foremost be of an emergency shelter and basic livelihood support nature, housing rights and land tenure challenges may therefore seem impossible to address.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2011
- Paragraph type
- Other
- Reference
- SR Housing, Report to the HRC (2011), A/HRC/16/42, para. 20.
- Paragraph number
- 20
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