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. 15

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