A/79/317
I. Introduction
1.
In his thematic report on resettlement after evictions and displacement:
addressing a human rights crisis (A/HRC/55/53), the Special Rapporteur on adequate
housing as a component of the right to an adequate standard of living, and on the right
to non-discrimination in this context, Balakrishnan Rajagopal, issued a clarion call to
address the poor outcomes and negative impacts of resettlement. He defined
resettlement in the report as the relocation of a group of people, large or small, to a
new location where they re-establish their habitual place of residence and rebuild their
lives and livelihoods. The drivers of large-scale resettlement are diverse, such as
development (e.g. unchecked use of eminent domain, urbanization including new city
building, infrastructure projects, mega-events, land and housing speculation, overcommodification of land and housing, interest rates, industrial agriculture, water
management, and conservation), violent conflicts, disasters and climate change. The
Special Rapporteur emphasizes that all people have the right to remain in their current
location, and that if they are forced to leave, they have the right to return or, if return
is not feasible or desired, to resettlement that adheres to international human rights
standards.
2.
Although resettlement should be avoided wherever possible, it may become
unavoidable in certain circumstances, especially due to conflict or climate change.
However, resettlement universally has adverse effects on communities, often
resulting in a range of human rights abuses and severe negative outcomes. Typical
issues associated with resettlement include: (a) loss of land and access to natural
resources, including common property and services; (b) increased homelessness or
inadequate housing; (c) loss of access to public infrastructure, water and sanitation,
education or health care; (d) cultural loss leading to alienation, status deprivation and
social disintegration; (e) loss of employment and sources of livelihood; (f) food
insecurity; (g) marginalization and disruption of social networks; (h) increased
morbidity, mortality and psychological impacts, including trauma; (i) heightened risk
of conflict and violence with host communities; and (j) disproportionately severe
impacts on vulnerable groups, including women, racial, ethnic and religious
minorities, children, older persons, migrants and Indigenous Peoples. Resettlement
has also been closely associated with threats to and violence against human rights
defenders, as well as excessive use of force by security personnel, arbitrary detention,
torture, degrading treatment and even killings of those opposing resettlement.
3.
In his report to the Human Rights Council, the Special Rapporteur characterized
resettlement as a significant human rights crisis, coining the term “development
cleansing” to describe its disproportionate impacts on vulnerable communities when
resettlement is justified by development. He identified inadequate stakeholder
engagement in project planning, “project megalomania”, funding constraints, flawed
or contradictory laws and policies, and poor enforcement as factors contributing to
these negative outcomes.
4.
The widespread international condemnation of resettlement practices resulting
in human rights abuses has prompted States, development finance institutions,
businesses and other stakeholders to develop standards, safeguards and mechanisms
aimed at mitigating these issues. In the present report, the Special Rapporteur
examines the responsibilities of States, international organizations, development
finance institutions, investors and businesses; reviews and assesses current laws,
standards, policies and practices; and identifies gaps that require urgent attention from
the international community, including through the forthcoming guiding principles.
5.
The report serves as a second building block in the Special Rapporteur’s effort
to create guiding principles for human rights-based resettlement – a proposal
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