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