A/HRC/4/18
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62.
Women and men must be co-beneficiaries of all compensation packages. Single women
and widows should be entitled to their own compensation.
63.
To the extent not covered by assistance for relocation, the assessment of economic
damage should take into consideration losses and costs, for example, of land plots and house
structures; contents; infrastructure; mortgage or other debt penalties; interim housing;
bureaucratic and legal fees; alternative housing; lost wages and incomes; lost educational
opportunities; health and medical care; resettlement and transportation costs (especially in the
case of relocation far from the source of livelihood). Where the home and land also provide a
source of livelihood for the evicted inhabitants, impact and loss assessment must account for the
value of business losses, equipment/inventory, livestock, land, trees/crops, and lost/decreased
wages/income.
B. Restitution and return
64.
The circumstances of forced evictions linked to development and infrastructure projects
(including those mentioned in paragraph 8 above) seldom allow for restitution and return.
Nevertheless, when circumstances allow, States should prioritize these rights of all persons,
groups and communities subjected to forced evictions. Persons, groups and communities shall
not, however, be forced against their will to return to their homes, lands or places of origin.
65.
When return is possible or adequate resettlement in conformity with these guidelines is
not provided, the competent authorities should establish conditions and provide the means,
including financial, for voluntary return in safety and security, and with dignity, to homes or
places of habitual residence. Responsible authorities should facilitate the reintegration of
returned persons and exert efforts to ensure the full participation of affected persons, groups and
communities in the planning and management of return processes. Special measures may be
required to ensure women’s equal and effective participation in return or restitution processes in
order to overcome existing household, community, institutional, administrative, legal or other
gender biases that contribute to marginalization or exclusion of women.
66.
Competent authorities have the duty and responsibility to assist returning persons, groups
or communities to recover, to the maximum extent possible, the property and possessions that
they left behind or were dispossessed of upon their eviction.
67.
When return to one’s place of residence and recovery of property and possessions is not
possible, competent authorities must provide victims of forced evictions, or assist them in
obtaining, appropriate compensation or other forms of just reparation.
C. Resettlement and rehabilitation
68.
While all parties must give priority to the right of return, certain circumstances (including
for the promotion of general welfare, or where the safety, health or enjoyment of human rights so
demands) may necessitate the resettlement of particular persons, groups and communities due to
development-based evictions. Such resettlement must occur in a just and equitable manner and
in full accordance with international human rights law as elaborated in section V of these
guidelines.
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