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18. Response to climate change. Many States have developed legal and policy
approaches to address climate change impacts, including relocation for “green”
energy projects or retreat from vulnerable areas.
19. In Pakistan, the Supreme Court ordered the cleaning of water channels for
climate mitigation, leading to the forced eviction and demolition of homes along the
channels. The implementation of the order gave little or no notice, disregarded
varying degrees of tenure and offered little or no redress and compensation. 7
20. In Fiji, facing climate-related challenges, the authorities have developed
guidelines on planned relocation to respect the rights and dignity of resettled persons.
Relocation is considered a last resort and is intended to occur only after extensive
consultation. The guidelines integrate international and national legal frameworks,
ensuring improved housing, sanitation and access to services (see A/HRC/56/47). 8
21. Resettlement in conservation contexts. Conservation initiatives often
overlook the realities of communities living in protected areas that are in fact
protecting biodiversity, while leading to forced displacements. 9
22. In Thailand, the climate change master plan acknowledges community rights to
forest resources, but the forestry master plan’s narrow focus on carbon sinks has led
to eviction orders for Indigenous Peoples. 10 Similar issues have arisen in Cambodia
and the United Republic of Tanzania concerning cultural heritage conservation (see
para. 38).
23. Resettlement and transitional justice. Transitional justice frameworks can
support rights-based resettlement by addressing displacement and providing
restitution. They can constitute a form of reparation while ensuring guarantees of
non-recurrence to prevent repeated displacement.
24. In Timor-Leste, the Commission for Reception, Truth and Reconciliation
recommended inquiries into land disputes arising from resettlement programmes;
25. In the Marshall Islands, the National Nuclear Commission transitional justice
strategy addresses risks from nuclear testing and radiation, incorporating resettlement
as a form of reparation. 11
B.
Development finance institutions
26. Mandate and purpose. Development finance institutions are generally tasked
with supporting economic development but this has had different meanings over the
years since the “birth” of development economics in the 1950s. While economists
have offered many definitions of and approaches to economic development, 12 the key
questions from a human rights perspective have revolved around how to minimize
harm to people and the environment that accompanies economic development and
how to spread its benefits more widely. While some institutions have changed their
practices or developed policies to minimize or avoid these risks, many remain solely
trapped within the paradigm of narrow economic development. For example, the
International Finance Corporation (IFC), in its articles of agreement, prioritizes
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8
9
10
11
12
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See communications PAK 6/2021 and PAK 7/2022.
See also the statement by the Special Rapporteur on human rights and the environment, David R.
Boyd, on the conclusion of his mission to Fiji, 2018.
See, for example, communications TZA 2/2023, KEN 4/2023 and AL THA 3/2022.
See communication AL THA 3/2022.
Marshall Islands, National Nuclear Commission, strategy for coordinated action, 2019.
For a review, see H. W. Arndt, Economic Development: The History of an Idea (University of
Chicago Press, Chicago, 1989).
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