A/HRC/56/47
by competent authorities, full information on procedures for relocation and the right to an
effective remedy, among others.132
74.
As mentioned above, relocation should not take place without the free, prior and
informed consent of the Indigenous Peoples133 concerned, and after agreement on the basis
of just and fair compensation and, where possible, with the option of return.134 If consent
cannot be obtained, relocation should take place only following appropriate procedures
established by national laws and regulations, including public inquiries where appropriate,
which provide the opportunity for effective representation of the peoples concerned. 135
75.
Planned relocations should be undertaken in an inclusive and culturally appropriate
manner, in full consultation with individuals, affected communities and other stakeholders.
They should support relocated communities to maintain traditional governance, cultural and
religious, community and other customary structures and practices, and entail measures to
ensure that human rights are respected, protected and fulfilled before, during and after
relocation.136 Supporting community-led initiatives in this regard is essential for preserving
cultural identity and traditional livelihoods before, during and after relocation and can
facilitate the achievement of durable solutions following relocation.
F.
Measures to protect the rights and dignity of affected persons and
communities
76.
States must take the measures necessary to protect the rights and dignity of affected
individuals and communities before, during and after relocations. People should only be
moved to serviced sites if they are accompanied by the means to rebuild their lives, including
housing, water, sanitation, health care, education and access to livelihood opportunities.
Protection risks in relocation sites should be assessed prior to any movement to ensure the
availability of basic services and dignified conditions. States should also prevent and address
any human rights violations, such as forced evictions, acts of discrimination or loss of cultural
heritage or community identity, that may arise as a result of the planned relocation process.
77.
Relocation measures must be taken without distinction of any kind. States have a duty
to identify and address the specific needs and rights of groups in vulnerable situations who
may be disproportionately affected by disasters and climate change. Addressing their specific
rights, needs, circumstances, customs and economic vulnerabilities throughout planned
relocation is crucial; this includes consideration of health and demographic characteristics,
special attachment to land and protection issues, and ensuring their access to information,
participation and preferred transportation means.137
78.
Local communities must also be consulted and be provided with treatment and
services equitable to those of relocated persons. Consultation with local communities and
utilizing community-based social cohesion approaches can facilitate community integration.
During the allocation of relocation plots, steps should be taken to avoid creating tensions
between local and displaced communities and to address housing, land and property issues.
79.
The choice of persons to be relocated or who will remain in the area where they sought
safety or protection (in the absence of the possibility to be able to return to the location of
origin) must not be regarded as a renunciation of the right to return in safety and with dignity
to the original place of residence, should that option later become feasible. Nor must it be
considered a renunciation of the right to restoration of any housing, land or property assets
132
133
134
135
136
137
18
Submission by Miriam Cullen.
Indigenous and Tribal Peoples Convention, 1989 (No. 169), art. 16; United Nations Declaration on the
Rights of Indigenous Peoples, art. 10; and Committee on the Elimination of Racial Discrimination,
general recommendation No. 23 (1997), paras. 4 (d) and 5.
United Nations Declaration on the Rights of Indigenous Peoples, art. 10.
Indigenous and Tribal Peoples Convention, 1989 (No. 169), art. 16.
Submission by Andrew & Renata Kaldor Centre for International Refugee Law at the University of
New South Wales.
Submission by the International Centre for Climate Change and Development.