A/HRC/56/47
government bodies each initiated half of the cases, and government, non-governmental and
community actors supported the implementation of the planned relocation process. Lastly,
nearly half of the 34 cases involved the relocation of Indigenous Peoples.29 To confirm these
as global trends, a larger sample size would be required.
C.
Applicable legal and policy frameworks
1.
International instruments
24.
The Guiding Principles on Internal Displacement apply to persons displaced within
national borders in the context of disasters, including those relating to climate change, and
are the main international framework for safeguarding the human rights of internally
displaced persons. Principles 7 (3), 15, 18, 20 and 28 stipulate the primary responsibility of
States to respect, protect and fulfil the human rights of internally displaced persons, provide
assistance and establish the conditions for durable solutions, which are further elaborated in
the Inter-Agency Standing Committee Framework on Durable Solutions for Internally
Displaced Persons. The Guiding Principles state that arbitrary displacement is prohibited and
authorities are required to explore all feasible alternatives to displacement. Principle 15
clarifies that internally displaced persons have the right to be protected against forcible return
to or resettlement in any place where their life, safety, liberty and/or health would be at risk. 30
25.
The United Nations Framework Convention on Climate Change, the Sendai
Framework for Disaster Risk Reduction 2015–2030, the 2012 Nansen Initiative Protection
Agenda, the 2010 Cancun Climate Change Adaptation Framework Decision, the Global
Compact for Migration and the Peninsula Principles on Climate Displacement within States
offer conceptual, policy and legal guidance on planned relocation in the context of disasters
and the adverse effects of climate change. The 2007 basic principles and guidelines on
development-based evictions and displacement developed by the Special Rapporteur on the
right to housing31 emphasize the importance of ensuring that relocations are conducted in a
manner consistent with human rights standards.
26.
Indigenous Peoples have unique rights with respect to planned relocation under
international law. According to article 10 of the United Nations Declaration on the Rights of
Indigenous Peoples, Indigenous Peoples should not be forcibly removed from their lands or
territories, and no relocation should take place without the free, prior and informed consent
of the Indigenous Peoples concerned and after agreement on just and fair compensation and,
where possible, with the option of return. Article 16 of the Indigenous and Tribal People’s
Convention, 1989 (No. 169) of the International Labour Organization states that, as a rule,
Indigenous Peoples are not to be removed from the lands they occupy; however,
where the relocation of [Indigenous] Peoples is considered necessary as an
exceptional measure, such relocation shall take place only with their free and
informed consent. Where their consent cannot be obtained, such relocation
shall 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. 32
The United Nations Declaration on the Rights of Peasants and Other People Working in Rural
Areas specifies the obligation of States to prevent their displacement and ensure their
protection from unlawful and arbitrary displacement from their land and place of residence.
27.
The Guidance for Protecting People from Disasters and Environmental Change
through Planned Relocation developed by Brookings, Georgetown University and UNHCR
has the aim of assisting States, communities and other actors in protecting people through
29
30
31
32
6
Ibid. See also submissions by Human Rights Watch, Alaska Institute for Justice and Miriam Cullen;
and joint submissions by Red Sudamericana para las Migraciones Ambientales and CICrA Justicia
Ambiental and Merewalesi Yee, Annah Piggott-McKellar and Celia McMichael.
See also Daniel Petz, Operational Guidance and Frameworks Relevant to Planned Relocations Caused
by Natural Hazards, Environmental Change, and Climate Change (Brookings, 2015).
See A/HRC/4/18, annex I.
These rights apply to all cases of planned relocation, including those outside of natural hazard contexts.