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VGGT Section VGGT Paragraph Human Right Human rights instrument Article

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests

25.4

When conflicts arise, States and other parties should strive to respect and protect existing legitimate tenure rights and guarantee that these are not extinguished by other parties. Consistent with existing obligations under relevant national and international law, States should not recognize tenure rights to land, fisheries and forests acquired, within their territories, through forceful and/or violent means. Refugees and displaced persons and others affected by conflict should be settled in safe conditions in ways that protect the tenure rights of host communities. Violations of tenure rights should be documented and, where appropriate, subsequently remedied. Official records of tenure rights should be protected against destruction and theft in order to provide evidence for subsequent processes to address such violations and facilitate possible corrective action, and in areas where such records do not exist, the existing tenure rights should be documented as best as possible in a gender-sensitive manner, including through oral histories and testimonies. Legitimate tenure rights of refugees and displaced persons should be recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons.

Right to non-interference with privacy, family, home or correspondence

ICCPR
17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks.



Explanatory note

The HRC has indicated that the right of every person to be protected against arbitrary or unlawful interference with his privacy, family, home or correspondence must be guaranteed against all such interferences and attacks whether they emanate from State authorities or from natural or legal persons. The obligations imposed by article 17 of the ICCPR require the State to adopt legislative and other measures to give effect to the prohibition against such interferences and attacks as well as to the protection of this right. See HRC GC no. 16.