A/HRC/32/35
the causes, extent and dynamics of displacement and to determine the profiles of victims.
Following this, information campaigns should be considered to inform persons who may
have been forcibly or arbitrarily displaced about their rights as internally displaced persons
and protection and assistance measures available to them.
2.
Internal displacement as a result of development projects and business activities
65.
Greater attention to development-induced and business-related internal displacement
is overdue and urgently required. The Special Rapporteur recognizes the sensitivities and
that a balance must be drawn between the legitimate development needs and aspirations of
national Governments and the human rights of those who are required to leave their homes.
However, examples globally demonstrate that development projects and business activities
are going ahead without due attention to the rights of affected persons.
66.
International law and standards and national laws are sometimes given scant regard
when approving development projects or granting business concessions that result in
internal displacement. Often, there may be only a symbolic recognition of such standards,
including the Guiding Principles on Internal Displacement. In other disturbing cases,
development projects and agendas are pursued with the use of force and the forced
displacement of communities from their lands and territories involving the use of military
or paramilitary units, using threats, intimidation and killings.
67.
It is telling that there is a relative lack of national, regional and global figures of
those internally displaced by development and business enterprises and attention to the
phenomenon in comparison to conflict and disaster-induced displacement. Some research
has put the number of persons displaced by development at as many as 15 million
annually.21 Closely associated with economic development patterns, development-induced
displacement may increase in countries moving from developing to developed and from
low- to middle- or high-income, owing to factors including the exploitation of previously
untapped natural resources, increasing energy or water requirements, urbanization and
population redistribution policies. Development and displacement may take place without
necessary legal safeguards, to the detriment rather than benefit of those displaced.
68.
While displacement due to development is commonly associated with major
projects, such as dams, numerous activities cause displacement annually, including mining
and extractive industries, logging, pipelines, national parks and conservation projects, port
or military installations, sports projects and events, industrial plants and urbanization and
infrastructure projects. Small-scale development projects can be just as damaging as largerscale projects and are often harder to identify and monitor. While some projects meet
international standards of consultation prior to displacement and compensation,
resettlement and rehabilitation when displacement takes place, many fail to do so. Those
affected are often poor, belong to marginalized or indigenous groups and lack political
representation or an equal voice in decision-making.
69.
Under Principle 6 of the General Guiding Principles, the prohibition of arbitrary
displacement includes displacement caused by “cases of large-scale development projects,
which are not justified by compelling and overriding public interests”. As in all cases of
international human rights law, such justification would be subject to proportionality and a
21
16
See B. Terminski, Environmentally-Induced Displacement. Theoretical Frameworks and Current
Challenges (Liege, 2012); M.M. Cernea, “Development-induced and conflict-induced internally
displaced persons: bridging the research divide”, Forced Migration Review, Special Issue (December,
2006); and A. Oliver-Smith (ed.), Development and Dispossession: The Crisis of Forced
Displacement and Resettlement (School for Advanced Research Advanced Seminar, Santa Fe, New
Mexico, 2009).
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