A/81/339 primary responsibilities of national authorities and the supporting role of humanitarian and development actors (principles 28 –30). Principle 28 requires competent authorities to establish the conditions and provide the means for internally displaced persons to return voluntarily, in safety and dignity, or to settle voluntarily elsewhere, and to facilitate their reintegration. This includes, in practice, reconstructing the material and institutional conditions necessary for sustainable reintegration. 6. The Inter-Agency Standing Committee Framework on Durable Solutions for Internally Displaced Persons 4 establishes that humanitarian and development actors, working closely with national and local authorities, should adopt a rights -based approach to supporting durable solutions that places internally displaced persons at the centre. Eight criteria may be used to determine whether and to what extent a durable solution has been achieved: long-term safety, security and freedom of movement; an adequate standard of living, including housing, food, water and sanitation, health care and education; access to livelihoods and employment; restoration of housing, land and property; access to documentation; family reunification; participation in public affairs; and access to effective remedies and justice. 7. In situations of armed conflict, international humanitarian law, including the Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949), its Additional Protocols and customary norms, imposes obligations on all parties to the conflict regarding the protection of civilian property, the prohibition of forced displacement and the duties of care towards displaced populations. 5 8. The Sendai Framework for Disaster Risk Reduction 2015 –2030 calls for “building back better” through recovery, rehabilitation and reconstruction, including improved land-use planning and structural standards. 9. The principles on housing and property restitution for refugees and displaced persons affirm that all refugees and displaced persons have the right to have restored any housing, land and/or property of which they were arbitrarily or unlawfully deprived, or to compensation where restitution is factually impossible (principle 2.1). States are required to establish or re-establish national cadastral or other appropriate systems for the registration of housing, land and property rights as an integral part of any restitution programme (principle 15), and to repeal laws that have a discriminatory effect on the enjoyment of these rights (principle 19). 10. The draft guiding principles for reconstruction in conflict-affected countries and territories 6 recognize that reconstruction in the context of armed conflict, prolonged occupation and large-scale destruction requires a reparative rights-based approach addressing both immediate humanitarian needs and the structural conditions that produced the harm, loss and damage. They also state that reconstruction must be grounded in the right to self-determination and that affected communities have the right to determine what is rebuilt, who rebuilds, how and on what timeline (principles 6 and 9). 11. Given the increasing frequency and severity of disasters, Member States are also currently elaborating a legally binding instrument on the protection of persons in the event of disasters, based on the draft articles adopted by the International Law __________________ 4 See https://interagencystandingcommittee.org/other/iasc-framework-durable-solutionsinternally-displaced-persons. 5 See A/HRC/62/47. 6 See https://www.ohchr.org/sites/default/files/documents/issues/housing/activities/guiding principles-reconstruction.pdf. 4/24 26-12053

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