Displacement, resettlement, evacuation, eviction, forced eviction
Displacement: If an object moves relative to its location, then the object’s position changes. That change in position is known as displacement.
The noun displacement conveys distinct meanings in the physics, mechanical engineering and psychology fields. In essence, it refers to the act or process of removal of something from its usual or proper place (i.e., the act of displacing). It also refers to the state of being displaced.
The transitive verb ‘to displace’ means to remove from the usual or proper place. In the human mobility context, more specifically, it could also mean to expel or force to flee from home or homeland. In its adjectival form, it could refer to displaced persons. In such cases, displacement is the situation in which people are compelled to leave the place where they normally live.
However, displacement is a generic and neutral term and reference to a condition regardless of its cause. Both displacement and the situation of being displaced could arise from any one or combination of human-made or natural factors. The term does not imply causation, responsibility or liability of any particular party.
Merriam Webster, Khan Academy, Cambridge Dictionary
Resettlement: In general, resettlement refers to the settlement (habitual habitation) of people in a place different from a previous location. The noun form of the verb ‘to resettle,’ it is the act or process of helping someone move to another place to live, or the act of moving from one place to another to live permanently.
In human mobility and migration, resettlement is considered one of prospective durable solutions for refugees that ends the cycle of displacement and enables them to lead normal lives. Seeking and providing such a durable solution to the problems of refugees and stateless persons constitute essential elements of international protection. Resettlement, involves the selection and transfer of refugees from a state in which they have sought protection to a third state whose government has agreed to admit them – as refugees – with permanent residence status. The status provided ensures protection against refoulement and provides a resettled refugee and his/her family or dependants with rights similar to those enjoyed by nationals of the destination state. Resettlement also carries with it acquired rights that includes the opportunity eventually to become a naturalized citizen of the resettlement country.
In the development context, resettlement can refer to the involuntary relocation of people from their homes and workplaces to other areas that enables development projects, including to make way for infrastructure such as roads, dams, or mines, or to accommodate land-use changes. This is known as development-induced displacement and resettlement. In all cases, such resettlement must meet the minimum criteria for lawfulness. (See Eviction below.) Otherwise, the resettlement constitutes forced eviction, hence a gross violation of human rights, in particular adequate housing. (See forced eviction below.) Such an act entitles the victims/effected persons to remedy and reparation as defined in international law [AR].
Sources: Cambridge Dictionary, European Commission, UNHCR, World Bank
Evacuation: The process and/or situation of moving people and assets temporarily to safer places in an orderly fashion for protection before, during or after the occurrence of a hazardous event. This can be done to protect a civilian population from military operations, ongoing hostilities, or other risks to their safety.
For each displacement of a civilian to be lawful, actions must also meet the following conditions: (i) ensure that safeguards are in place so that the civilian who is forced from their home is moved safely, is not separated from family, and has access to food and water, health care, sanitation, and reception centers or shelter, (ii) ensure the evacuation is temporary; and (iii) facilitate the displaced person’s return to their home as soon as possible after the end of the hostilities in the area from where the person was displaced.
Evacuation plans refer to the prior and preemptive arrangements established in advance of a hazardous event to enable the moving of people and assets temporarily to safer places before, during or after the occurrence of a hazardous event. Evacuation and evacuation plans usually include plans for evacuees to exercise the right to return, if physically possible, and options to shelter in place and/or voluntary resettlement, while, as always, enjoying the right to the continuous improvement of living condition.
Sources: UNDRR, Human Rights Watch
Eviction: The act or process of evicting; or state of being evicted; the recovery of lands, tenements, etc., from another`s possession by due course of law; dispossession by paramount title or claim of such title; ejection; ouster. Removal of a tenant from rental property by a law enforcement officer following the landlord’s successful lawsuit, also known as an “unlawful detainer.” (See Forced eviction below.)
International law provides the criteria for lawful eviction, ensuring that affected persons and households enjoy:
(a) An opportunity for genuine consultation with those affected;
(b) Adequate and reasonable notice for all affected persons prior to the scheduled date of eviction;
(c) Information on the proposed evictions, and, where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected;
(d) Especially where groups of people are involved, government officials or their representatives to be present during an eviction;
(e) All persons carrying out the eviction to be properly identified;
(f) Evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise;
(g) Provision of legal remedies; and
(h) Provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.
Evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights. Where those affected are unable to provide for themselves, the State party must take all appropriate measures, to the maximum of its available resources, to ensure that adequate alternative housing, resettlement or access to productive land, as the case may be, is available.
Forced eviction is defined in international law as any act or process involving “the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land [that] they occupy, without the provision of, and access to, appropriate forms of legal or other protection.” (See Eviction above.)
Any displacement, resettlement, evacuation or eviction that does not meet all the criteria of a lawful eviction constitutes `forced eviction` and a `gross violation` of human rights. (See Eviction above.)
The UN Commission for Human Rights (UNCHR) has classified and reaffirmed forced eviction to be a ‘gross violation’ of human rights, in particular, adequate housing.
Sources: Committee on Economic, Social and Cultural Rights (CESCR) 1997; UNCHR, 1993 and 2004.
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