A/79/317
45. In response, the International Association for Impact Assessment has endorsed
a “development without resettlement” approach, advocating for the normalization of
non-displacement alternatives in policy and the promotion of in situ, human-scale
development strategies. It has introduced the Dublin Declaration on Fair and Equitable
Land Access, which includes 23 recommendations clustered around six key principles:
(a) Recognizing the rights, knowledge and agency of affected people, as well
as their right to enhanced well-being;
(b) Promoting inclusive decision-making through a fair and transparent
process from project inception to completion;
(c) Ensuring a fair distribution of impacts and benefits, aligned with the
Sustainable Development Goals;
(d) Maintaining high standards of professionalism and planning and allocating
sufficient resources to improving the lives of affected people and their communities;
(e)
Addressing power imbalances and contextual factors that influence outcomes;
(f) Ensuring remedy and accountability through access to grievance redress
mechanisms, remediation and legal recourse.
46. The Special Rapporteur shares this assessment. It may finally be time to retire
the myth that displacement and therefore resettlement are acceptable in the public
interest or the “greater good” of development. This myth has existed throughout the
history of modern capitalism, but especially since the birth of development discourse
in the 1940s and 1950s. While the need for resettlement may always arise due to
unintentional or structural displacement resulting from conflict or climate change,
intentional displacement and the concomitant resettlement of communities in the
name of development is no longer credible and acceptable from a human rights
perspective. The Special Rapporteur calls for a paradigm shift, proposing that
resettlement should be permitted only in cases in which it is called for due to
overwhelming and persistent threats to the survival of communities such as those
resulting from conflict or climate change. Planned projects for economic development,
even if an attempt is made to justify them by supposedly compelling and overriding
public interests, should no longer be used to justify displacement and resettlement.
III. Planning and design prior to resettlement
47. The planning and design phase of resettlement projects is critical for achieving
durable, human rights-based solutions that allow affected people to successfully
re-establish their lives, livelihoods and communities. During this phase, several key
activities should take place:
(a) Rights discussions. Essential discussions should address the right to
remain, the right to return and the right to resettlement;
(b) Resettlement site selection. Decisions regarding the choice of
resettlement sites should be made;
(c) Project development. Projects are conceived and developed in collaboration
with affected and host communities, based on the principle of benefit-sharing;
(d) Financing and monitoring. Securing project financing for full
resettlement, including for monitoring and follow-up, is essential;
(e) Grievance procedures and remedies. Developing grievance procedures
and ensuring judicial and non-judicial remedies is crucial for addressing concerns;
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