A/79/317
Indigenous Peoples, who are often adversely affected by projects such as mining.
When resettlement is triggered by natural disasters or climate change, preparation and
planning may focus on evacuation or retreat, but displaced individuals should have a
meaningful say in their relocation and living conditions.
Examples of State legal and policy frameworks
11. Land acquisition for development and other projects. The Special
Rapporteur is concerned about the unchecked use of eminent domain for national
interest projects, which often evades the scrutiny required under normal resettlement
and expropriation procedures.
12. In Pakistan, the colonial-era Land Acquisition Act of 1894 allows land
acquisition for public purposes, including public-private partnerships and private
companies. The Act, along with other laws based on it, permits forcible eviction with
minimal procedural safeguards. The Katchi Abadis Act of 1987 provides some
rehabilitation rights for residents of urban informal settlements, but efforts to grant
legal titles to these residents have faced challenges. 2
13. In India, the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act of 2013 integrates land acquisition, resettlement
and rehabilitation policies into a single law. Although initially groundbreaking,
subsequent amendments have weakened protections and removed safeguards, raising
concerns among human rights advocates and scholars. 3
14. Response to conflict. Increasingly, forced returns and relocations of internally
displaced persons have been observed globally, exposing these communities to
protection risks. 4 The Special Rapporteur stresses that displaced persons must be
protected from forcible return or resettlement to areas where their life, safety or health
would be at risk.
15. In Lebanon, the Ministry of the Displaced and the Central Fund of the Displaced,
both established in 1993, has aimed to improve conditions for 450,000 displaced
Lebanese. Despite efforts to finance housing and reconciliation initiatives, challenges
such as coordination issues and alleged mismanagement have hindered progress. 5
16. Response to disaster. National disaster risk reduction policies increasingly
reference planned relocation (see A/HRC/56/47, paras. 31–33).
17. In Türkiye, following the earthquake in 2023, the authorities introduced an
earthquake recovery and reconstruction project, including a resettlement framework
aligned with the World Bank Environmental and Social Framework. Despite efforts
to establish fair criteria and mechanisms, civil society reports instances of
discrimination and unequal treatment during resettlement. 6
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See communications PAK 6/2021 and PAK 7/2022. See also Human Rights Watch, “I escaped
with only my life: abusive forced evictions in Pakistan”, 2024; available at www.hrw.org/sites/
default/files/media_2024/05/pakistan0524web.pdf.
Rita Sinha, “Land acquisition law in neoliberal India: old wine in a new bottle?” in The Land
Question in Neoliberal India, Varsha Bhagat-Ganguly, ed. (London, Routledge, 2020), pp. 151–171.
Global Protection Cluster, “Global protection update: forced returns and relocations, April 2024”.
Available at www.globalprotectioncluster.org/publications/1855/reports/global -protectionupdate/global-protection-update-forced-returns-and.
Joseph Schechla, “Housing and property restitution for refugees and displaced persons:
implementing the Pinheiro Principles in the Middle East and North Africa”, Housing and Land
Rights Network of Habitat International Coalition, 2018.
Türkiye, Ministry of Environment, Urbanization and Climate Change, earthquake, recovery and
reconstruction project, resettlement framework. Available at https://webdosya.csb.gov.tr/db/
kadiyap_en/menu/rf_20240313034355.pdf.
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