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welcomed by the Human Rights Council, which has invited States and other
stakeholders to contribute to its development (see A/HRC/55/53 and Council
resolution 55/11). The report is aimed at offering a rigorous assessment of current
laws, policies and practices on resettlement and at showing the way ahead for
recommendations based on real-world experience for States, development finance
institutions, international organizations and businesses on avoiding resettlement
while conducting it in a manner consistent with human rights principles.
6.
In addition, the Special Rapporteur takes note of the insights from planned
relocations related to the adverse effects of climate change and disasters, drawing on
the recent report by the Special Rapporteur on the human rights of internally displaced
persons (A/HRC/56/47).
7.
The report is organized into the following sections: (a) legal and policy
approaches to resettlement; (b) planning and design prior to resettlement;
(c) resettlement implementation; (d) follow-up on resettlement; and (e) conclusions
and recommendations. To inform the report, the Special Rapporteur conducted an
expert consultation on 27 June 2024, reviewed written submissions and carried out
extensive research. He appreciates the contributions of all who provided input.
II. Legal and policy approaches to resettlement
A.
States
8.
States have the primary responsibility for planning and implementing
resettlement to ensure that resettled communities can restore their way of life and
have access to adequate standards of living, including adequate housing and
livelihoods, in both the short and the long term, including in the years following
relocation. States must develop and enforce legislation, policies and strategies to
ensure compliance with international human rights obligations by both State and
non-State actors, including businesses operating within their effective control or
jurisdiction, while development finance institutions and international organizations
must fully abide by human rights obligations that apply to them as international
actors. By participating in the governance and decision-making bodies of
development finance institutions and international organizations, States can also
influence and hold these entities accountable to human rights standards.
9.
While some States have specific resettlement policies, many rely on a patchwork
of national legislation and regulations, such as those related to land expropriation,
land use, disaster response, urban development and natural resource extraction. These
national systems often reflect the unique historical and colonial contexts of each
country and may exhibit a top-down approach to land acquisition that disregards
customary or informal land rights and limits the agency of minorities. In many cases,
the legal grounds for resettlement are not clearly defined or are restricted to
“compelling and overriding public interests”. 1 National courts can play a crucial role
in guiding resettlement practices, approving resettlement decisions and providing
redress and compensation for affected communities.
10. State legal and policy approaches vary depending on the cause of displacement.
Development-induced resettlement is often handled differently from displacement
caused by conflict or disasters. Many States separate the regulation of human rights
from climate change issues, complicating coordination and implementation. This
fragmentation has a particular impact on marginalized groups, such as women and
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1
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United Nations, Guiding Principles on Internal Displacement ( E/CN.4/1998/53/Add.2, annex),
principle 6, para. 2 (c).
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