The Special Rapporteur on the human rights of internally displaced persons, Ms. Cecilia Jimenez-Damary, presented her report addressing housing, land and property in the context of internal displacement to the UN Human Rights Council on 25 June, and her plan of action for advancing prevention, protection and solutions for internally displaced persons (IDPs).
Ms Jimenez-Damary started by pointing out that
“the critical importance and potential benefit for states of addressing housing, land and property issues become apparent when they are understood as causal factors of internal displacement issues that arise as a consequence of displacement, and during displacement, and which also pose significant barriers to achieving durable solutions.”
The loss of land and housing, which inevitably occurs during displacement, jeopardizes numerous human rights, such as access to livelihoods, food, water, sanitation and adequate housing. Living conditions in camps and informal settlements increase the risk of poverty, evictions and sexual and gender-based violence.
Six out of the eight criteria of the Framework on Durable Solutions for Internally Displaced Persons relate to housing, land and property. This highlights the importance of housing for IDPs. Nevertheless, it is estimated that 75% of the world’s population does not have access to formal systems to register and safeguard their land rights.
Housing, land and property issues are also drivers for conflicts and displacement and constitute obstacles to durable solutions. Land is not only an essential resource for livelihoods, but also has important social and spiritual dimensions. The Special Rapporteur emphasized
“the inclusion of housing, land and property rights in peace negotiations and transitional justice. [These rights] are essential in order to have peace.”
According to a World Bank’s estimate 65% of today’s conflicts have a significant land dimension. The Special Rapporteur warns in her report that conflicts related to land and housing will increase in the future, due to climate change, natural hazards, extractive industries and rapid urbanization.
Furthermore, the report raises awareness for especially vulnerable groups among IDPs such as women, children, indigenous people, minorities, older persons and persons with disabilities. Patriarchal structures, statutory, customary, religious and social norms disadvantage women in many societies to access, own or inherit land. In this regard, the Special Rapporteur recommends introducing gender sensitive policies:
“Land and property rights should be regardless of age, marital and civil or social status and independently of their relationship with the male household or community members. We need to ensure that there is no discrimination of women’s housing land and property rights.”
To achieve durable solutions to the land issues of IDPs, return, local integration and settlement elsewhere in the country is needed – accompanied by strong tenure and urban governance systems. Depending on the cause of displacement, different action plans should be prepared: Sudden displacement caused by conflict or disaster requires emergency responses providing basic shelter, food and water, but states should also introduce measures to prevent and mitigate the risks of disaster-related displacement. On the other hand, forced evictions induced by large-scale investments require long-term efforts to strengthen laws, policies and institutions.
The report urges states to combine preventive, protective, restorative and transformative measures through the adoption of laws and policies to strengthen legitimate land and housing rights before and during displacement and in support of durable solutions. The Special Rapporteur stressed the need for
“platforms facilitating collaboration among states, NGOs, IDPs themselves and other actors so that relevant actions can be taken with one voice.”
The interactive discussion following the presentation by the Special Rapporteur focused on the issue of climate change, the need for inclusion of people affected by climate change and displacement in the dialogue, as well as on particularly vulnerable groups.
The Marshall Islands warned that,
“with sea levels rising, we have nowhere to go.”
Fiji commented in a similar manner on climate change induced displacement:
“We have already seen the need for the relocation of certain coastal communities in Fiji due to rising sea levels.”
Indonesia underlined that natural disasters and climate change are the main causes for internal displacement:
“Earlier this year alone more than 4.5 million people in Indonesia have been displaced due to floods, typhoons and landslides. And the pandemic has made disaster response and the handling of IDPs more challenging.”
Conflict-ridden Yemen called on the Human Rights Council to
“condemn the targeting of IDPs. This is a flagrant violation of international law, and we also call on holding the perpetrators accountable.”
Other countries explained their efforts in supporting IDPs to return home. The Syrian government aims at facilitating the return of Syrian refugees and IDPs through compensation for losses, rehabilitation of houses, and automation of real estate registries. Iraq presented its,
“national plan for IDPs (…) which aims to empower IDPs, allowing them to be reintegrated within their original communities. During the pandemic, Iraq has continued to assist displaced persons, ensuring that they have all the means available to safely return home.”
Colombia elaborated its measures for reparation, restitution and guarantee of non-repetition, as well its public policy for assistance and protection of IDPs which includes the participation of victims of displacement. The Colombian protocol for return and relocation acts to coordinate, plan, follow up and support displaced persons who want to return to their places of origin, prefer to relocate or rather want to integrate in the community which has been hosting them in the interim. The statement also discussed a tool for the identification victims and highlighted
“Colombia’s positive experience in the use and application of new top notch technologies to ensure adequate management of and registry of documentation for displaced persons.”
In her conclusion, the Special Rapporteur reiterated that her mandate is there to provide assistance, advice and guidance with regards to improving programs, plans and laws in the specific countries so that they can be in accordance with international human rights law.
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