A/81/339
Commission in 2016. 7 In this context, the Special Rapporteur has advocated stronger
recognition of the rights and specific needs of internally displaced persons. 8
12. At the regional level, the African Union Convention for the Protection and
Assistance of Internally Displaced Persons in Africa is the most comprehensive
binding regional instrument on internal displacement. Its article XI obliges States
Parties to create the conditions for durable solutions, enable displaced persons to
make a free and informed choice among pathways, and cooperate with the African
Union and international organizations in implementing measures for durable solutions
and reconstruction. The European Court of Human Rights has addressed various
aspects related to reconstruction, notably housing, land and property issues. 9 In Latin
America and the Caribbean, the non-binding Cartagena+40: Chile Declaration and
Plan of Action 2024–2034 emphasizes the need to address disaster-related
displacement through a solidarity-based approach and coordination with host
communities and displaced persons, local authorities and municipalities, and the
international community.
III. Preconditions for reconstruction
13. For reconstruction to proceed, the conditions in the area of settlement should
not pose threats to the life, safety, liberty or health of internally displaced persons,
and an adequate standard of living must be attainable. These conditions are typically
undermined during ongoing hostilities or occupation and may be compromised where
territorial authority is contested or fragmented.
14. Ongoing hostilities severely constrain displaced persons’ access to regular and
safe consultation on reconstruction and displace immediate priorities towards
survival, protection and humanitarian assistance. In Sudan, reconstruction and return
planning remain premature in many areas where siege-like conditions, famine, attacks
on civilian areas, obstruction of humanitarian access, gender-based violence,
explosive ordnance contamination and fragmented authority continue to define the
protection environment. 10
15. In situations of occupation, the occupying Power is bound to administer the territory
for the benefit of the protected population 11 and may not obstruct reconstruction
processes that are necessary for the realization of fundamental rights. 12 In practice,
continued occupation and control of entry of goods, services, finance and persons
have, in certain cases, prevented reconstruction altogether. In Gaza, the occupying
__________________
7
See https://www.un.org/en/ga/sixth/80/disasters.shtml.
See https://www.ohchr.org/sites/default/files/documents/issues/internaldisplacement/
activities/ga6th-committee-joint-letter-treaty.pdf.
9
Costas Paraskeva, Protecting Internally Displaced Persons under the European Convention on
Human Rights and other Council of Europe Standards: A Handbook (Council of Europe Project,
2017).
10
Confidential submission from international non-governmental organization (NGO)/NGO.
11
Convention respecting the Laws and Customs of War on Land (1907), para. 43; and Legal
Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian
Territory, including East Jerusalem, Advisory Opinion, I.C.J. Reports 2024, p. 753, paras. 104
and 105.
12
Office of the United Nations High Commissioner for Human Rights (OHCHR), Legal
Commentary on the Draft Guiding Principles for Reconstruction in Conflict -Affected Countries
and Territories, 2026; Geneva Convention relative to the protection of civilian pers ons in time
of war (1949), arts. 55, 56, 59 and 60; and Protocol Additional to the Geneva Conventions of
12 August 1949, and relating to the Protection of Victims of International Armed Conflicts
(Protocol I), art. 69.
8
26-12053
5/24
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