A/HRC/39/65
101. With regard to the applicability of these principles to violations stemming from
(forced) displacement in the Syrian Arab Republic, the Commission draws particular
attention to the following principles:
• Where a community is at risk of forced displacement, authorities concerned
should ensure all measures be taken to minimize the displacement and its
adverse effects. Authorities undertaking such displacements shall ensure, to the
greatest practicable extent, that proper accommodation is provided to the
displaced persons with the displacement taking place in conditions of safety,
with provision of adequate health and nutrition and non-separation of family
members (see E/CN.4/1998/53/Add.2, annex, principle 7).
• Internally displaced persons shall not be interned in or confined to a camp,
and, where absolutely necessary, internment shall not last longer than required
by the circumstances (E/CN.4/1998/53/Add.2, annex, principle 12).
• The primary responsibility for providing humanitarian assistance to internally
displaced persons lies with national authorities, while international
humanitarian organizations have the right to offer their services; consent
should not be arbitrarily withheld, particularly when the authorities concerned
are unable or unwilling to provide the required humanitarian assistance
(E/CN.4/1998/53/Add.2, annex, principle 25).
• Displaced persons have the right to have restored to them any housing, land
and/or property of which they were arbitrarily or unlawfully deprived, or to be
compensated for any housing, land and/or property that is factually impossible
to restore as determined by an independent, impartial tribunal
(E/CN.4/Sub.2/2005/17, annex, principle 2.1). States should additionally
prioritize the right to restitution as the preferred remedy (ibid., principle 2.2).
• Displaced persons have the right to return voluntarily to their former homes,
lands or places of habitual residence, in safety and dignity and based on a free,
informed, individual choice (E/CN.4/Sub.2/2005/17, annex, principle 10).
• Every person arbitrarily or unlawfully deprived of housing, land and/or
property should be able to submit a claim for restitution and/or compensation
to an independent and impartial body, to have a determination made on their
claim, and to receive notice of such determination. States should not establish
any preconditions for filing a restitution claim (E/CN.4/Sub.2/2005/17, annex,
principle 13.1).
• States should ensure that all aspects of the restitution claims process, including
appeals procedures, are just, timely, accessible, free of charge, and are age- and
gender-sensitive. States should also adopt positive measures to ensure that
women are able to participate on a fully equal basis in this process
(E/CN.4/Sub.2/2005/17, annex, principle 13.2). States should further ensure that
separated and unaccompanied children are able to participate and are fully
represented in the restitution claims process (ibid., principle 13.3).
• States shall not recognize as valid any housing, land and/or property
transaction, including any transfer that was made under duress, or which was
otherwise coerced or forced, either directly or indirectly, or which was carried
out contrary to international human rights standards (E/CN.4/Sub.2/2005/17,
annex, principle 15.8).
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