A/HRC/16/42
16.
These tasks are all the more challenging in cases of prolonged, mass displacement.
Displacement is a notorious driver of human and particularly housing-rights violations.
According to displacement and resettlement experts there are eight major displacement
impoverishment risk areas: landlessness, joblessness, homelessness, marginalization,
increased morbidity and mortality, food insecurity, loss of access to common property
resources, and social/community disarticulation19. While the impacts of displacement are
devastating for all who are affected, they are most acutely felt by those groups more
vulnerable to discrimination, including women, minorities, children and persons with
disabilities. If not mitigated through intensive, concerted effort, the consequences are longterm, entrenching patterns of poverty, exclusion, dependency and disempowerment.
17.
The process of return, recovery and reconstruction is regarded as an urgent priority
in post-disaster and post-conflict contexts. According to IASC: “Experience has shown that
the longer the displacement lasts, the greater the risk of human rights violations. In
particular, discrimination and violations of economic, social and cultural rights tend to
become more systemic over time 20 .” The guiding principles put forward in a recent
Handbook for Reconstructing After Natural Disasters suggest that a good reconstruction
policy helps reactivate communities and empowers people to rebuild their housing, their
lives, and their livelihoods and that reconstruction begins the day of the disaster21.
18.
However, numerous obstacles often stand in the way of rapid return, recovery and
reconstruction. These can include dangers (e.g. damage to buildings, health risks, unstable
ground); difficulty of access; inability of the authorities to provide services to the area; and
lack of resources. Nevertheless, it is incumbent upon the relevant authorities to take
measures to overcome such obstacles with a minimum of delay. According to IASC
guidelines: “After the emergency phase, persons displaced by the natural disaster should be
granted the opportunity to choose freely whether they want to return to their homes and
places of origin, to remain in the area to which they have been displaced, or to resettle to
another part of the country. Their right of choice may not be subjected to any restrictions
except those which are provided by law, and are necessary to protect national security, the
safety and security of affected populations, public order (ordre public), safety, public health
or morals or the rights and freedoms of others. In particular, the return of persons displaced
by the disaster to their homes and places of origin should only be prohibited if these homes
or places of origin are in zones where there are real dangers to the life or physical integrity
and health of the affected persons. Restrictions should only last as long as such dangers
exist and only be implemented if other, less intrusive, measures of protection are not
available or possible22.”
19.
Failure to take timely appropriate measures can have serious consequences for the
people affected. In post-conflict contexts the situation can be even more complex, as
obstacles in the way of return and recovery can also include threats of violence against a
returning family or group/s, secondary occupation of land and houses, among others.
20.
In both post-disaster and post-conflict situations there is an inevitable tension
between the pressing need to act quickly and decisively in order to facilitate the return of
the displaced to their lands and homes, and the need to be comprehensive and thorough in
dealing with what are in fact very complex questions. In post-conflict situations this can
19
20
21
22
Cernea, M.M., “Impoverishment Risks, Risk Management, and Reconstruction: A Model of
Population Displacement and Resettlement”, paper presented to the UN Symposium on Hydropower
and Sustainable Development (Beijing, October 27-29 2004), pp. 9-28.
IASC, Human Rights and Natural Disasters: Operational Guidelines and Field Manual, p. 1.
Abhas, K. J. et al., Safer homes, Stronger Communities: A Handbook for Reconstructing after Natural
Disasters, The World Bank and Global Facility for Disaster Reduction and Recovery (Washington
D.C., 2010) pp. ix, 1-2.
ASC, Human Rights and Natural Disasters: Operational Guidelines and Field Manual, pp. 20-21.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents