18 FMR31 CLIMATE CHANGE AND DISPLACEMENT Taking a human rights approach to climate change, grounded in the principle of the inherent dignity of the human person, implies that it is not only the total numbers of those displaced that mater. Every single person who is forced from their home, against their will, must have a remedy available to them which respects their rights, protects their rights and, if necessary, fulfls their rights as recognised under international human rights law. The rights found within the international human rights legal code which are particularly relevant to the discussion of climate change- induced displacement include the right to adequate housing and rights in housing; the right to security of tenure; the right not to be arbitrarily evicted; the right to land and rights in land; the right to property and the peaceful enjoyment of possessions; the right to privacy and respect for the home; the right to security of the person, freedom of movement and choice of residence; and housing, land and property (HLP) restitution and/or compensation following forced displacement. All of these entitlements and obligations are in order that people everywhere are able to live safely and securely on a piece of land, to reside within an adequate and afordable home with access to all basic services and to feel safe in the knowledge that these rights will be fully respected, protected and fulflled. Indeed, the normative framework enshrining these rights is considerable, constantly evolving and ever expanding. A very considerable body of international human rights laws and standards exists which can be used by governments to build the legal, policy and institutional frameworks required to ensure that any rights related to climate change, particularly those related to durable solutions to displacement, are fully respected, protected and fulflled. However, when we look at the performance of states and the international community over the past 60 years of the human rights experiment and when we listen to the voices of the millions of rights-holders throughout the world who remain as far as ever from enjoying their legitimate HLP rights, it is clear that solving the HLP consequences of climate change will be a far from simple task. Millions upon millions of people have lost their homes and lands due to confict or because of investor greed, poorly planned development and natural disasters such as earthquakes, foods and tsunamis. Sadly, far too few have seen either their rights respected or benefted from a slow, gradual improvement in their housing and living conditions once the circumstances leading to their displacement have ended or altered. This should be a reminder for us to prioritise human rights-based strategies to address the displacement dimensions of climate change. The track record of most countries in treating victims of displacement as rights-holders, in particular HLP rights-holders, is very poor. In many disaster setings, those who have been displaced return home once conditions permit and quickly begin the long and difcult task of rebuilding their former lives. In other cases, the displaced are arbitrarily and/or unlawfully prevented from returning to and recovering their homes. They may be relocated involuntarily to resetlement sites despite their wishes to return home. Thousands of those displaced in Sri Lanka and Aceh following the 2004 Asian tsunami are still physically prevented from returning home, despite their clear wishes to do so. While considerable eforts have been made to address displacement and return in the context of confict, only recently have practitioners begun to explore the vital links between displacement, natural and environmental disasters and durable solutions to displacement, all within a rights-based framework. HLP good practice A number of important lessons appear to be increasingly recognised by those working in post-disaster contexts. For instance, best practice indicates that all displaced persons should have the right to voluntary return without discrimination, An integrated approach to climate change demands that human rights and adaptation strategies are pursued hand-in-hand. Human rights implications Scott Leckie Discussing post-tsunami reconstruction in Tagaule, one of three submerged villages on Nias Island, Indonesia. Consulting with community leaders on building plans to ensure that houses to be built will ft the villagers’ way of life. Aceh, Indonesia, 2005. UNHCR/J Perugia UNHCR/J Perugia