A/HRC/56/47
B.
Key principles
60.
States have the obligation to prevent and address environmental risks, which may
require planned relocations to protect persons or groups of persons while safeguarding their
right to life and respecting and protecting their rights and dignity. States must have
compelling reasons, strong evidence and a sound legal basis to initiate a planned relocation.
Such relocations should only be a measure of last resort, after all other risk reduction and
adaptation measures have been considered and reasonably exhausted.110 Those affected by
disasters and the adverse effects of climate change should have the right to request or contest
relocation in a court of law.111
61.
States should establish and implement adequate normative and institutional
frameworks; conduct comprehensive risk and vulnerability assessment and planning; hold
meaningful consultations; take measures to protect the rights and dignity of affected
individuals and groups; ensure access to justice and remedies; and invest in capacity-building
on a human rights-based approach to planned relocations for both State authorities and
affected persons and communities.
62.
The rights to self-determination, cultural identity preservation and control over land
and resources must be respected. Indigenous Peoples, relocated persons and other affected
persons should be informed, consulted and involved in decision-making on planned
relocations. The agency, resilience and empowerment of relocated persons should be
acknowledged, promoted and strengthened, and the specific needs, circumstances and
vulnerabilities of relocated and affected persons and communities should be considered and
addressed throughout planned relocation.112
63.
Planned relocation should provide conditions that allow relocated persons to improve
or at least restore their living standards. It should also allow local populations to maintain
their existing living standards, or reach the same level as relocated persons, whichever is
higher. Relocated persons should have the same rights and freedoms as other citizens under
international and domestic law. They must not face discrimination based on their
participation in planned relocation, and retain the right to freedom of movement and the
choice of their place of residence. Planned relocation should be conducted in a way that
respects the principle of family unity, and maintains households, community, and social
cohesion.113
C.
Normative and institutional frameworks
64.
States have a primary responsibility to ensure that relocations are always carried out
in accordance with applicable international standards, including those set out in the Guiding
Principles on Internal Displacement, are in line with key protection standards and principles,
and are safe, voluntary and dignified. States should adopt a comprehensive legal-normative,
policy and institutional framework governing planned relocations in accordance with
international and regional human rights standards. The legal and policy framework should,
inter alia, provide a legal basis in national law, and articulate a national policy; establish an
institutional framework for undertaking planned relocation; and identify the responsibilities
of designated State authorities and provide accountability mechanisms. Such a framework
should establish safeguards against arbitrary displacement or eviction, and provide culturally
appropriate conflict resolution mechanisms, as well as access to grievance and redress
mechanisms throughout a planned relocation. It should define and explain the criteria for
making decisions throughout a planned relocation, including the foundational decision to
initiate one.114
110
111
112
113
114
UNHCR, Guidance on Protecting People from Disasters and Environmental Change through Planned
Relocation, October 2015, p. 11.
Ibid.
Ibid., p. 12.
Ibid., pp. 12 and 13.
Ibid., p. 15.
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