A Guiding Framework for a Human Rights-Based Approach to Development-Induced Displacement
摘要
Drawing on the doctrinal analysis presented in the preceding chapters, this concluding chapter proposes a human rights-based guiding framework that can inform and guide the process of development-induced displacement (DID). Applying a human rights-based approach (HRBA) to DID entails (re)framing the adverse consequences of displacement as human rights issues and seeking rights-based solutions to address them. The first step in implementing the HRBA involves framing DID as an interference with human rights and assessing whether such interference can be justified based on the permissible limitations in human rights law. If the interference is deemed justified, the state must put in place various procedural safeguards, such as access to information, public participation, and access to judicial remedies, and substantive safeguards, such as the replacement of real property, compensation, and rehabilitation, to prevent or mitigate the adverse consequences of DID. Furthermore, states need to avoid direct and indirect discrimination in the process and/or outcome of DID and take positive measures to address structural problems that marginalize certain groups. In addition to outlining the safeguards necessary to prevent or mitigate the adverse impacts of DID, this chapter also examines the gaps and limitations in international human rights law in relation to DID.