A/HRC/56/47
65.
Legal-normative, policy and institutional frameworks should include detailed
advanced planning for planned relocations that involves a whole-of-government approach,
whereby all levels of government play a role and assume their responsibilities, besides
enabling early engagement between relocating actors and local communities, and
communication and coordination mechanisms between State authorities and any traditional
governance structures and any other actors involved. Planned relocation frameworks should
include responsibilities for institutions that can ensure that communities have reliable access
to adequate housing, water, sanitation, livelihood opportunities, education, health services,
infrastructure, transport and communications, and safeguards for traditional knowledge and
culture, including by facilitating visits to ancestral sites and graves. Provisions should be
made for culturally appropriate mental health and psychosocial support services for both
relocating and local communities.
66.
Law and policy reforms should review land tenure laws to address barriers for
communities relocating across traditional boundaries. Ensuring secure tenure and sustainable
resources can mitigate insecurity and prevent future land disputes.
67.
The institutional framework should establish timely, sufficient and sustainable
funding mechanisms, 115 such as trust funds and by channelling funds through social
protection systems, to finance relocations and provide fair compensation for loss of land and
other assets. Knowledge management systems should gather data and lessons from past
relocations to inform policy.
68.
Standard operating procedures116 should govern planned relocations and provide for a
consultative, evidence-based, and demand driven process for moving communities,
settlements, and groups in vulnerable situations in a safe, orderly, and equitable way.117 They
should designate institutional responsibilities and procedures, offering comprehensive
guidance for all involved in planned relocation processes to ensure coordination both between
national and local authorities, and humanitarian and development actors. This includes
community consultations, decision-making procedures, conflict resolution, training and
capacity-building efforts. Standard operating procedures should provide for redress
mechanisms with clear steps to to address grievances identified throughout the relocation
process. There should be a community feedback mechanism, where the findings and
recommendations of assessments are to be presented for further consultation and
agreement. 118 Standard operating procedures should also provide for a monitoring and
assessment framework for planned relocation, adopting a people-centred approach that
includes diverse perspectives and insights from community members, including those who
remain,119 about their experiences. Monitoring and evaluation processes and reports must be
accessible to the public.120
D.
Assessments and planning
69.
Human rights, including the rights of everyone to life, security of person and health,
and the duty to refrain from displacement that violates these rights (guiding principle 7),
require States to conduct rigorous and comprehensive risk assessments not only in the place
of origin to determine that there is no alternative to relocation, but also in the destination
area 121 to identify suitable and safe relocation sites. These assessments should consider
biophysical hazard profiles and the different perceptions of risk and potential impact on
human rights, including on social, cultural rights and the right to a clean and healthy
environment. They should begin early, involve the community and their information and
115
116
117
118
119
120
121
16
Ibid.
See Protection Cluster Mozambique, “Standard operating procedures: go-and-see visits in the context
of IDP relocations”, August 2022.
Submission by Yee, Piggott-McKellar and McMichael.
Fiji, Office of the Prime Minister, Standard Operating Procedures for Planned Relocation in the
Republic of Fiji (2023), pp. 7–10.
Submission by Yee, Piggott-McKellar and McMichael.
A/HRC/55/53, para. 70.
Submission by Moreno and Fry.