A/HRC/32/35
74.
The 2007 Basic principles and guidelines on development-based evictions and
displacement23 provide valuable guidance in addressing the human rights implications of
development-linked evictions and related displacement. They provide practical guidance to
States on measures and procedures to be taken in order to ensure that development-based
evictions are not undertaken in contravention of existing international human rights
standards and do not thus constitute “forced evictions”. The guidelines also focus on
effective remedies for those whose human rights have been violated, should prevention
measures fail. Independent human rights and environmental impact assessments of
development and business activities likely to cause displacement should be conducted at the
earliest opportunity, with their findings informing a legal project approval process and
resettlement and rehabilitation programmes.
75.
The 2030 Agenda for Sustainable Development can give new impetus to attempts to
ensure that development is conducted responsibly and takes into account the impact on
those displaced. It requires that the development activities are implemented in a manner
that is consistent with the rights and obligations of States under international law, including
human rights law and standards. It is important that this new global development agenda is
not interpreted as giving States a green light to pursue development without due
consideration to human rights and the costs to those who own or occupy the lands on which
development projects may take place. The pledge by States to “leave no one behind”,
including internally displaced persons, also requires that those who are displaced by
development projects and other triggers benefit from and are the target of development
programmes.
3.
Recognizing the vulnerability of disadvantaged and marginalized groups to internal
displacement
76.
In some situations, internal displacement disproportionately affects certain
communities that, due to their characteristics, geographical location, poverty,
discrimination or other unique circumstances, make them particularly vulnerable to internal
displacement. Such groups may include indigenous peoples and ethnic, religious or other
minorities, who are frequently numerically few relative to majority communities, among
the poorest, and who may experience different forms of marginalization and commonly
lack representation in political or other State bodies. In some cases they may face longstanding discrimination and violence targeted against them. Such population groups are
often overrepresented in internally displaced person populations.
77.
These and other factors may make certain marginalized communities vulnerable to
violent displacement in situations of conflict and intercommunity or interfaith tensions or
result in their being poorly equipped to resist efforts to displace them from their lands due
to development or business activities. Greater research and data is required globally to
reveal the full impact of displacement on such communities, as well as regional trends,
patterns and dynamics of displacement. In particular, this makes it necessary to
disaggregate data not only by sex and age but also by diversity categories, such as ethnicity
and religion, that should be determined by contextual realities. Such information, fully
adhering to international standards of data protection and use, would help to predict and
prevent displacement targeted against certain communities and contribute to much needed
displacement risk assessment and early warning mechanisms.
78.
In the Syrian Arab Republic and Iraq, visited by the Special Rapporteur in May
2015, the targeting of Christians, Yazidi and other smaller ethnic and religious communities
by the so-called ISIL has been evident and well documented. They have experienced
23
18
See www.ohchr.org/Documents/Issues/Housing/Guidelines_en.pdf.
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