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areas, May Constitute a breach of this duty.
30.
The imposition ofa “no-build or no-dwelling zone” may constitute a “constructive
forced eviction” where the restriction or accompanyingrelocations renderindividuals
with no choice but to leave their lands or (former) homes. As such, international
human rights norms and standards relating to forced evictions and arbitrary
displacement should apply.” The Commission therefore considers that the imposition
of “no-build or no-dwelling zones” requires the resettlement of persons affected in
accordance with international standards and Philippine law. Humanitarian assistance
and disaster relief projects, especially those which include “no-build zones”, should
not be a pretext to facilitate forced evictions.
31.
As a matter of policy, the Governments mustprioritise property restitution as the
preferred remedy for persons displaced by natural disasters.*’ The Commission
accordingly urges local governments and national agencies to adopt a policy of
restitution and to permit displaced families to return to their original places of
residence, where possible, before considering “no-build or no-dwelling zones”.
32.
Like forced evictions, “no-build or no-dwelling zones” can be acceptable where they
are imposed to protect affected persons from environmental hazards. However, the
implementation of “no-build or no-dwelling zones” must be proportionate to the
danger presented by the environmental hazard. Voluntary and consultative relocations
should be pursued before implementation. Where “no-build or no-dwelling zones”
are considered absolutely necessary they must be imposedin strict compliance with
the human rights standards applicable during forced evictions.
33.
“No-build or no-dwelling zones” should only be implemented if the following
conditions are met, to guarantee the rights of those affected:
(a) “No-build or no-dwelling zones” mustnot render people homeless. For those
unable to provide for themselves, the Government must ensure that adequate
housing or resettlement is madeavailable in a reasonable time;
(b) Persons affected by “no-build or no-dwelling zones” must be genuinely
consulted on alternative relocation plans in accordance with the requirements
set out above;
(c) Compensation mustbe provided to affected personsfor losses to property and
shall be made available in addition or as a voluntary alternative to resettlement:
and
(d) Administrative appeals and judicial review must be available to those
affected.”
TT
‘6 Parag. 44-46, Report of the Special Rapporteur on adequate housing as a componentof the right to an adequate
standardofliving, sisty-sizth session of the United Nations General Assembly, A/66/270, 5 August 2011.
‘7 Principle 2.2, United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons
(Pinheiro Principles)