A/HRC/56/47
planned relocation from the after-effects of disasters and environmental change, including
the effects of climate change. The Guidance includes key principles, legal, policy and
institutional framework considerations and parameters spanning from assessing the need for
relocation, planning and decision-making to long-term implementation, with a focus on
cross-cutting elements, such as community consultations. The Guidance and its toolbox,
published by UNHCR, the International Organization for Migration (IOM) and Georgetown
University in 2017,33 emphasize the importance of consideration of the needs of vulnerable
groups, maintenance of livelihoods and of social, cultural and economic networks, landrelated complexities, sustainable funding, risk assessment and post-relocation monitoring.
The toolbox also addresses governance frameworks and rights considerations for those who
choose not to relocate.
28.
According to principle 6 of the Sydney Declaration of Principles on the Protection of
Persons Displaced in the Context of Sea Level Rise, pre-relocation living standards of
relocated individuals “must be restored post-relocation”. With regard to housing, land and
property valuation, the principles on housing and property restitution for refugees and
displaced persons34 focus on the provision of compensation to restore dispossessed persons
to their original pre-loss position. Compensation valuation must comply with international
law and human rights standards, considering factors beyond physical structures. The
impoverishment risks and reconstruction model 35 quantifies the broader consequences of
relocation, such as landlessness, joblessness, homelessness, marginalization, increased
morbidity and mortality, food insecurity, loss of access to common property and social
disarticulation. Similarly, eviction impact assessment methodologies can assist in quantifying
losses beyond physical structures.36 The above equally applies to people displaced by slowonset disasters, including sea level rise.37
2.
Regional instruments
29.
The first of its kind, the Pacific Regional Framework on Climate Mobility recognized
the right to stay in place as a fundamental priority and noted that planned relocation should
only be undertaken as a measure of last resort, to be carried out in a safe, dignified and timely
manner.38 The International Federation of Red Cross and Red Crescent Societies offers stepby-step relocation guidance for National Red Cross and Red Crescent societies in the AsiaPacific.39
30.
The African Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa confirms that internal displacement includes involuntary or
forced evacuation and relocation. Article 4 of the Convention instructs States to devise early
warning systems in areas of potential displacement and to establish and implement disaster
risk reduction strategies.40 Article 9 calls upon States to protect “individual, collective and
cultural property left behind by displaced persons”. Lastly, the Convention emphasizes the
duty of States to make reparations in the context of disasters where Governments fail to
protect and assist internally displaced persons.
3.
National instruments
31.
As at 2024, six countries had developed a national instrument on planned relocation
in the context of disasters and the adverse effects of climate change: Fiji, Jamaica, Papua
33
34
35
36
37
38
39
40
A Toolbox: Planning Relocations to Protect People from Disasters and Environmental Change.
E/CN.4/Sub.2/2005/17, annex.
See Michael Cernea, Impoverishment Risks and Reconstruction Model for Resettling Displaced
Populations, Brookings Institute (2002).
OHCHR et al, Housing and Property Restitution for Refugees and Displaced Persons: Implementing
the Pinheiro Principles in the Middle East and North Africa (forthcoming). See
www.ohchr.org/en/climate-change/impact-loss-and-damage-adverse-effects-climate-change-humanrights.
See International Tribunal for the Law of the Sea, Advisory Opinion of 21 May 2024 on Climate
Change and International Law.
See https://forumsec.org/publications/pacific-regional-framework-climate-mobility.
See https://disasterlaw.ifrc.org/media/3797.
See also www.un.org/en/climatechange/early-warnings-for-all.
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