A/HRC/56/47
39.
The Special Rapporteur was informed during an online consultation that some
communities had been forced to move before relocation began as they realized their territory
was no longer safe. In Latin America, some Indigenous Peoples have struggled to secure
authorization and financial assistance for relocation and eventually moved by their own
means. Those evacuated reportedly lived in inadequate temporary housing for extended
periods, lacking proper infrastructure and services while awaiting relocation.57 Still others
who remain in their original places of residence face increasingly inadequate living
conditions and worsening environmental degradation; for example, the El Bosque
community in the Gulf of Mexico displaced following intense storms owing also to coastal
erosion caused by tidal flooding and rapid sea level rise has been awaiting relocation since
2021. According to one submission received, affected individuals have irregular access to
electricity and medication, are unable to preserve food, have salinized well water owing to
rising sea levels, and unrepaired schools, hindering children’s access to education and
adversely affecting their rights to housing, health, water, sanitation and food. Some
community members have built makeshift shelters independently, depleting savings or going
into debt. 58 Delays in relocation combined with displacement have caused psychological
distress among some community members.59
1.
Right to timely information, consultation and participation
40.
Communities are not always consulted about relocation. Internally displaced
communities in the Philippines who were to be relocated following Typhoon Rai in 2021 and
Typhoon Nalgae in 2022 reported a lack of consultation on relocation, limited information
justifying the relocation and insufficient knowledge of relocation plans. Inadequate
community involvement in planning relocation processes in Sri Lanka have allegedly led to
unrealistic expectations for communities displaced by a landslide and awaiting relocation in
temporary shelters.60 While women in Narikoso village, Fiji were reportedly initially not
consulted on housing design for the relocation process, in the relocation of Cogea village,
specific consideration was later given to diverse community needs, ensuring privacy, safety
and culturally appropriate rural kitchens and chimneys for women. 61
41.
Consultation with and the participation of communities is also important in
community relocation processes. The Indigenous Caicara Peoples of Enseada da Baleia in
Sao Paulo state, Brazil identified a relocation area after intense wave events and coastal
erosion rendered their land inhabitable. Reportedly, the Government initially proposed
relocating them to an area less suitable for their artisan fishing livelihoods; with the assistance
of the Public Defender’s Office, however, the authorities eventually allowed the community
to relocate to the area it had selected. The community formed an association to mobilize
members and oversee the relocation process. It established a protocol with consultation
requirements for proposals affecting its members, to which the Government agreed.62 In a
similar case, the Guna Indigenous People in Panama, facing threats from sea level rise and
overcrowding on Gardi Sugdub Island, formed an internal neighbourhood commission to
plan and organize their relocation.63 While local decisions included community consultation
and participation, consultations with authorities were seen as primarily “information sharing”
rather than genuinely inclusive.64
2.
Right to life, liberty and security
42.
The selection of the relocation site is key to safety and security in the relocation area.
Families displaced by Typhoon Haiyan in the Philippines in 2013 were allegedly relocated
57
58
59
60
61
62
63
64
10
Government of Fiji, 10 April 2024, email correspondence.
Submission by Moreno and Fry.
Ibid.
Submission by the Asia Pacific Academic Network on Disaster Displacement.
Government of Fiji, 10 April 2024, email correspondence. See also submission by Yee, PiggottMcKellar and McMichael.
See www.internal-displacement.org/good-practice/?id=21.
Submission by Human Rights Watch.
Ibid.