A/81/339
primary responsibilities of national authorities and the supporting role of
humanitarian and development actors (principles 28 –30). Principle 28 requires
competent authorities to establish the conditions and provide the means for internally
displaced persons to return voluntarily, in safety and dignity, or to settle voluntarily
elsewhere, and to facilitate their reintegration. This includes, in practice,
reconstructing the material and institutional conditions necessary for sustainable
reintegration.
6.
The Inter-Agency Standing Committee Framework on Durable Solutions for
Internally Displaced Persons 4 establishes that humanitarian and development actors,
working closely with national and local authorities, should adopt a rights -based
approach to supporting durable solutions that places internally displaced persons at
the centre. Eight criteria may be used to determine whether and to what extent a
durable solution has been achieved: long-term safety, security and freedom of
movement; an adequate standard of living, including housing, food, water and
sanitation, health care and education; access to livelihoods and employment; restoration
of housing, land and property; access to documentation; family reunification;
participation in public affairs; and access to effective remedies and justice.
7.
In situations of armed conflict, international humanitarian law, including the
Geneva Convention relative to the Protection of Civilian Persons in Time of War
(1949), its Additional Protocols and customary norms, imposes obligations on all
parties to the conflict regarding the protection of civilian property, the prohibition of
forced displacement and the duties of care towards displaced populations. 5
8.
The Sendai Framework for Disaster Risk Reduction 2015 –2030 calls for
“building back better” through recovery, rehabilitation and reconstruction, including
improved land-use planning and structural standards.
9.
The principles on housing and property restitution for refugees and displaced
persons affirm that all refugees and displaced persons have the right to have restored
any housing, land and/or property of which they were arbitrarily or unlawfully
deprived, or to compensation where restitution is factually impossible (principle 2.1).
States are required to establish or re-establish national cadastral or other appropriate
systems for the registration of housing, land and property rights as an integral part of
any restitution programme (principle 15), and to repeal laws that have a
discriminatory effect on the enjoyment of these rights (principle 19).
10. The draft guiding principles for reconstruction in conflict-affected countries and
territories 6 recognize that reconstruction in the context of armed conflict, prolonged
occupation and large-scale destruction requires a reparative rights-based approach
addressing both immediate humanitarian needs and the structural conditions that
produced the harm, loss and damage. They also state that reconstruction must be grounded
in the right to self-determination and that affected communities have the right to
determine what is rebuilt, who rebuilds, how and on what timeline (principles 6 and 9).
11. Given the increasing frequency and severity of disasters, Member States are also
currently elaborating a legally binding instrument on the protection of persons in the
event of disasters, based on the draft articles adopted by the International Law
__________________
4
See https://interagencystandingcommittee.org/other/iasc-framework-durable-solutionsinternally-displaced-persons.
5
See A/HRC/62/47.
6
See https://www.ohchr.org/sites/default/files/documents/issues/housing/activities/guiding principles-reconstruction.pdf.
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