A/HRC/32/35 pressing social need. In addition, under Principle 9 of the General Guiding Principles, there is a particular international obligation for States to protect against the displacement of indigenous peoples, minorities, peasants, pastoralists and other groups with a special dependency on and attachment to their lands. 70. The Kampala Convention calls upon States Parties to “endeavour to protect communities with special attachment to, and dependency, on land due to their particular culture and spiritual values from being displaced from such lands, except for compelling and overriding public interests”. It requires States to “ensure the accountability of non-State actors concerned, including multinational companies and private military or security companies, for acts of arbitrary displacement or complicity in such acts” and to “ensure the accountability of non-State actors involved in the exploration and exploitation of economic and natural resources leading to displacement”. International standards relating to the operations of business enterprises, including the 2011 Guiding Principles on Business and Human Rights, require States and businesses to comply with all applicable laws and to respect human rights. 71. Development and business-related activities can create or exacerbate complex displacement scenarios. The rights of some communities, including indigenous or minority communities, such as their rights to the land on which their identity rests, can prove inconvenient in the face of development or economic interests. Militarization of areas allocated for resource development has been evident, with some companies using private military or security companies to enforce their encroachment onto some territories. Tactics to divide communities or bypass and undermine local leadership structures have been employed and may involve corrupt practices or payments that lead to breakdown of the social fabric of communities. 72. It is essential to establish national legal and policy frameworks relating to development, land and non-State actors that intersect with and complement legal provisions relating to internal displacement and the rights of internally displaced persons, and conform to international standards. For example, the International Labour Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169) relates to the rights of indigenous and tribal peoples and incorporates the right to free, prior and informed consent for indigenous peoples. Articles 6, 7 and 9 of the Convention establish that consent must be acquired before indigenous communities are relocated or before development is undertaken on their land. Where displacement is approved or agreed to following an appropriate and rigorous consultation and participatory process, internally displaced persons must be provided with appropriate compensation, support and durable solutions in line with international standards. 73. This is not often the case; compensation is often pitiful and unable to sustain livelihoods and the responsibility to ensure that development-induced displacement leads to a durable solution by relocation or settlement elsewhere in the country is avoided. Development-induced displacement and resettlement processes have resulted in landlessness, joblessness, homelessness, marginalization, food insecurity, increased morbidity and mortality, loss of access to common property and ancestral lands and social disintegration, and have a cumulative impact seen in massive impoverishment 22 and even death. 22 See Michael M. Cernea “Risks, Safeguards and Reconstruction: A Model for Population Displacement and Resettlement”, in M. Cernea and McDowell (eds.), Risks and Reconstruction: Experiences of Resettlers and Refugees, pp. 11-55 (World Bank, Washington, D.C., 2000). 17

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