Guide to International Human Rights Mechanisms - Brookings

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Thematic Roadmap
• European Committee of Social Rights (page 198), citing ESC art. 16 (right to housing), ESC
revised, art. 31 (right to housing)
In addition, displacement in the context of armed conflict may violate provisions of the Geneva
Conventions and IDPs might consider contacting the International Committee of the Red Cross
(page 142). Displacement can also constitute a war crime or a crime against humanity, and it might
be appropriate to seek the intervention of the International Criminal Court (page 144).
For situations of massive displacement, see page 25. Where mercenaries are responsible for displacement,
the Working Group on the Use of Mercenaries as a Means of Impeding the Exercise
of the Right of People to Self Determination (page 110) may be interested. Displacement resulting
from the “war on terror” may interest the Special Rapporteur on the Promotion and Protection of
Human Rights and Fundamental Freedoms while Countering Terrorism (page 111).
Displacement resulting from development projects may concern a number of additional mechanisms.
The World Bank (page 147), Inter-American Development Bank (page 181), Asian
Development Bank (page 184) and European Bank for Reconstruction and Development (page
201) all have policies calling for minimizing and mitigating displacement from any projects in
which they are involved as well as complaints mechanisms for persons affected by them. Use of
these procedures might result in greater information sharing, reduction or elimination of displacement,
or more generous provisions for resettlement. The Special Representative of the Secretary-
General on Human Rights and Transnational Corporations and other Business Enterprises (page
109) might intervene in development projects sponsored by private actors.
Persons who cannot obtain information about pending development projects that they fear will displace
them might consider a complaint to the mechanisms described beginning on page 42 below.
Situations of displacement due to toxic and other dangerous products might be referred to the
Special Rapporteur on the Adverse Effects of the Illicit Movement and Dumping of Toxic and
Dangerous Products and Wastes on the Enjoyment of Human Rights (page 108).
Displacement of indigenous persons, particularly due to development projects, is a special concern
of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of
Indigenous Peoples (page 100) and can be brought to the International Labour Organization (page
136), citing ILO Conventions 107 art. 12, and 169 art. 16. If minority groups are targeted, the
mechanisms focused on minorities might also be of assistance (page 23).
Displacement is frequently motivated by racial or ethnic bias, sometimes with the goal of “ethnically
cleansing” a particular geographic area. In such cases it may be useful to seek the involvement of
mechanisms focused on racial and ethnic discrimination (page 27) citing, in the case of the Committee
on the Elimination of Racial Discrimination (page 124), CERD arts. 3 (racial segregation), 5(d)(i)
(freedom of movement and residence), 5(d)(v) (right to property), and/or 5(e)(iii) (right to housing).
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates 2