A/HRC/4/18
page 23
emergency services, and to natural and common resources, where appropriate; (c) affordable
housing; (d) habitable housing providing inhabitants with adequate space, protection from cold,
damp, heat, rain, wind or other threats to health, structural hazards and disease vectors, and
ensuring the physical safety of occupants; (e) accessibility for disadvantaged groups; (f) access
to employment options, health-care services, schools, childcare centres and other social facilities,
whether in urban or rural areas; and (g) culturally appropriate housing. In order to ensure
security of the home, adequate housing should also include the following essential elements:
privacy and security; participation in decision-making; freedom from violence; and access to
remedies for any violations suffered.
56.
In determining the compatibility of resettlement with the present guidelines, States
should ensure that in the context of any case of resettlement the following criteria are adhered to:
(a)
No resettlement shall take place until such time as a comprehensive resettlement
policy consistent with the present guidelines and internationally recognized human rights
principles is in place;
(b)
Resettlement must ensure that the human rights of women, children, indigenous
peoples and other vulnerable groups are equally protected, including their right to property
ownership and access to resources;
(c)
The actor proposing and/or carrying out the resettlement shall be required by law
to pay for any associated costs, including all resettlement costs;
(d)
No affected persons, groups or communities shall suffer detriment as far as their
human rights are concerned, nor shall their right to the continuous improvement of living
conditions be subject to infringement. This applies equally to host communities at resettlement
sites, and affected persons, groups and communities subjected to forced eviction;
(e)
The right of affected persons, groups and communities to full and prior informed
consent regarding relocation must be guaranteed. The State shall provide all necessary
amenities, services and economic opportunities at the proposed site;
(f)
The time and financial cost required for travel to and from the place of work or to
access essential services should not place excessive demands upon the budgets of low-income
households;
(g)
Relocation sites must not be situated on polluted land or in immediate proximity
to pollution sources that threaten the right to the highest attainable standards of mental and
physical health of the inhabitants;
(h)
Sufficient information shall be provided to the affected persons, groups and
communities on all State projects and planning and implementation processes relating to the
concerned resettlement, including information on the purported use of the eviction dwelling or
site and its proposed beneficiaries. Particular attention must be paid to ensuring that indigenous
peoples, minorities, the landless, women and children are represented and included in this
process;
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