A/HRC/16/42
International Humanitarian Law or International Human Rights Law violations committed
during the conflict. In post-conflict situations there is therefore the question of how to
redress the situation, how to guarantee justice to the victims and support the reconciliation
process. Peace agreements and the establishment of transitional justice law frameworks and
mechanisms can constitute an opportunity to address the right to adequate housing during
post-conflict situations but everything depends on if and how these questions are addressed
by these mechanisms and frameworks. The fact that conflicts can last for a long time also
implies important differences between post-conflict and post-disaster situations. While
taking account of such differences, this report will mainly focus on common issues and
questions that arise in both contexts.
7.
The impacts of both conflicts and disasters for the individuals, families and
communities affected can be devastating. These include the loss of life and livelihoods;
destruction of homes, property and infrastructure; disruption or termination of essential
services; and the prolonged and sometimes even permanent forced displacement from land,
home and community. Although wealth and power do not offer any immunity from these
impacts, it is in most cases the poor and socially disadvantaged who are worst affected; and
it is also they who are least able to withstand economic shocks and so generally take the
longest to recover.
8.
The poor often stand to lose most in disaster contexts because they often have to
settle on fragile and exposed land that is highly susceptible to the effects of disasters. When
a disaster strikes, their pre-existing vulnerabilities are exacerbated, with women, children
and marginalized groups bearing the brunt of the impact. After the disaster, the poor often
also find their attempts to return to their homes officially denied on the grounds that return
would be unsafe, and/or not permissible as they did not have official proof of a right to live
there in the first place. This can have dramatic consequences for the livelihoods of
individuals, families and entire communities. In the case of conflicts, the displacement and
dispossession of specific groups are often deliberate strategies of one group or side in the
conflict against another. This can result in the total destruction and/or secondary occupation
of their lands and homes, and obstruction of their attempts to return and reclaim what was
theirs.
9.
In addition to facing serious humanitarian problems and challenges, victims of
disasters and conflicts are often exposed to grave human rights violations, invariably
including the right to adequate housing. Humanitarian crises are human rights crises.
Notwithstanding, given the concentration of international and national attention, resources
and effort they often receive, such crises can also present important human rights
opportunities. The World Bank has noted that “…while conflicts unleash horror and
suffering, they also destabilize old ways of doing things and create new openings for poor
people to get ahead. However, there is a narrow window of opportunity in the aftermath of
conflict before old barriers begin to surface5 .”
10.
Since the 1990s there has been a growing recognition of the importance of adopting
a human rights approach (and the use of human rights enforcement mechanisms) in the
resolution of conflicts and peacebuilding. The Secretary-General emphasized that the
promotion of human rights is the common thread in the Organization’s work in peace and
security: “Human rights bodies are involved in early-warning and preventive activities, and
human rights considerations are increasingly embodied in our response to crises6 .” He also
announced that the United Nations had commenced implementation of a rights-based
5
6
4
World Bank, “Life After Conflict: Surprising Opportunities for Poor People to Escape Poverty,” press
release No. 2010/222/SDN (11 January 2010).
A/53/1. Report of the Secretary-General on the Work of the Organization, A/53/1, 27 August 1998,
para. 172.
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