A/79/317
Report of 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
Towards guiding principles on resettlement: a review and
assessment of current laws, policies and practices
Summary
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, launched a clarion call
to recognize, prevent and counteract the poor outcomes and negative impacts of
resettlement.
The present report represents a second building block in his work towards
developing principles and guidelines for human rights-based resettlement – a proposal
that was welcomed by the Human Rights Council.
In the report, the Special Rapporteur reviews and assesses the current laws,
policies and practices of various resettlement actors and outlines the key parameters
for developing future resettlement guidelines.
The planning and design phase of resettlement is crucial in determining whether
durable, human rights-based solutions can be achieved and whether affected people
can successfully reestablish their lives, livelihoods and communities. During this
phase, the focus must be on ensuring the right to remain, the right to return and the
right to resettlement. This includes respectful and meaningful participation in
decisions about resettlement sites, project design and implementation, and agreements
between affected and host communities based on the principle of benefit-sharing. In
addition, adequate project financing should be secured without undermining the
macroeconomic stability of countries, along with effective monitoring, follow-up and
grievance procedures. An inclusive, respectful, participatory and partnership-based
approach to planning and design greatly enhances the chances of success for all forms
of resettlement.
During implementation, States must ensure full compliance with human rights
standards in land allocation, service provision and infrastructure development at
resettlement sites. They must also enforce laws that protect human rights, resolve
conflicts and provide effective redress mechanisms.
Post-resettlement monitoring and evaluation, along with the provision of
resources for adaptive management and corrective actions, are critical for assessing
outcomes and addressing ongoing challenges in resettlement projects.
The report concludes with key recommendations for States, development
finance institutions, international organizations and businesses.
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