A/HRC/56/47
of which they were arbitrarily deprived during the displacement. 138 Furthermore, special
consideration should be given to ensure that women’s rights to own, manage, enjoy and
dispose of property are inherent in the rights to be free from discrimination and to an adequate
standard of living.
80.
Accountability mechanisms must ensure access to effective remedies for those
affected by planned relocations. This includes establishing independent grievance
mechanisms for affected individuals and communities, strengthening access to justice and
legal aid, including by easing access to courts and non-judicial remedies at the local, national
and international levels. 139 While just and satisfactory compensation for losses is vital,
emphasizing activities promoting social cohesion, inclusive decision-making, access to
justice and cultural preservation is just as crucial for achieving enduring outcomes.
G.
Governance
81.
A whole-of-government approach should be applied to planned relocation. Such an
approach includes clarification of institutional responsibilities, inter-institutional
coordination and cooperation, identifying, negotiating, acquiring and transferring suitable
land in a timely manner, securing adequate financial resources, constructing housing and
infrastructure, installing services, monitoring and addressing institutional and governance
gaps and strengthening technical capacity.
82.
Furthermore, capacity-building efforts should focus on raising awareness, creating
platforms for peer-to-peer exchanges with regional mechanisms, building skills for
negotiation and advocacy, and fostering cooperation between State authorities and affected
communities to ensure that planned relocations are carried out in a manner that respects,
protects and realizes the human rights of all involved. Relocation processes should
incorporate relevant lessons learned from previous experiences of internal displacement in
the country.
V. Conclusions and recommendations
A.
Conclusions
83.
As areas of origin disappear, or become unsafe or uninhabitable, relocations may
become increasingly inevitable. Planned relocations, whether anticipatory or
responsive, should be a measure of last resort, taken only when sustaining settlements
is impossible. In the context of disasters and the adverse effects of climate change,
planned relocations can endanger a wide range of human rights and have a profound
social and cultural impact. When all options are exhausted, well-planned, financed and
implemented planned relocations that prioritize community needs can mitigate
displacement risks, protect human rights from the start and lay the foundation for
durable solutions. This requires a government-led and whole-of-society approach with
human rights-based frameworks developed in accordance with international human
rights norms and standards.
B.
Recommendations
84.
The Special Rapporteur recommends that States:
(a)
Guarantee in law, policy and practice the liberty of movement and the
freedom to choose one’s place of residence, including the right to stay, and avoid
138
139
Guiding Principles on Internal Displacement, principle 2 (2); and Protection Cluster Mozambique,
“Standard operating procedures”.
A/HRC/55/53, para. 74 (j).
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