Full Description
This book examines development-induced displacement (DID), a form of internal displacement in which individuals or groups are involuntarily moved from their homes to make room for development projects, and its adverse consequences in light of international human rights law (IHRL). Using a human rights-based approach as a theoretical framework, it seeks to (re)frame the socio-economic consequences of DID as human rights issues and explore IHRL responses to these issues. It further aims to identify and analyse the human rights frameworks and norms applicable in the context of displacement, the rights of people affected, and the corresponding obligations of states.
While there is currently no binding and comprehensive international legal framework specifically addressing DID, individuals affected can benefit from the general protections provided under IHRL. Certain rights, such as the rights to housing, property, protection against arbitrary interference with one's home, and freedom of residence, are particularly relevant within the context of DID. Additionally, there are specialized human rights regimes that deal with specific subject matters relevant to DID or offer normative protections to specific groups affected by DID. Notably, the frameworks concerning the rights of internally displaced persons, the rights of indigenous peoples, and the right to development provide applicable normative standards. Relevant standards can also be drawn from various policy frameworks adopted by international financial institutions funding development projects potentially resulting in displacement. This work draws on these legal and policy frameworks in order to identify the human rights safeguards required for people(s) affected by DID to avoid or mitigate the adverse consequences of displacement.
Overall, the objectives of this book are twofold: first, to map out existing IHRL norms applicable to DID; and second, to assess the adequacy of these norms in addressing the adverse consequences and distinctive features of DID. To these ends, the book identifies the relevant frameworks and norms, examines their application within the context of DID, and critically engages with their gaps and limitations.
Scholars and researchers working at the intersection of human rights and development or displacement will find this book relevant, while it also offers valuable insights for practitioners and policymakers seeking to protect the rights of individuals or groups potentially affected by DID or aiming to implement DID in accordance with human rights standards.
Roman Girma Teshome is Assistant professor at Utrecht University's School of Law in Utrecht, The Netherlands. This is volume 104 in the Human Rights Research Series.
Contents
Part I. A Conceptual Background.- 1. Introduction: Framing the Problem and Approach.- 2. Development-Induced Displacement: Concept, Causes, and Consequences.- Part II. The Interference with Human Rights in the Course of Development-Induced Displacement.- 3. The Right to Housing.- 4. The Right to Property.- 5. The Right to Work.- Part III. Human Rights Safeguards in Specialized Human Rights Frameworks.- 6. The Rights of Internally Displaced Persons in the Context of Development-Induced Displacement.- 7. The Rights of Indigenous Peoples in the Context of Development-Induced Displacement.- 8. The Right to Development in the Context of Development-Induced Displacement.- Part IV. Beyond International Human Rights Law.- 9. The Role of International Financial Institutions in Protecting the Rights of People(s) Affected by Development-Induced Displacement.- Part V. The Way Forward.- 10. A Guiding Framework for a Human Rights-Based Approach to Development-Induced Displacement.- Index.
