accommodation, or where medical care cannot be provided or is clearly inadequate, the area
may not be a reasonable alternative. It would be unreasonable, including from a human rights
perspective, to expect a person to relocate to face economic destitution or existence below at
least an adequate level of subsistence. At the other end of the spectrum, a simple lowering of
living standards or worsening of economic status may not be sufficient to reject a proposed
area as unreasonable. Conditions in the area must be such that a relatively normal life can be
led in the context of the country concerned. If, for instance, an individual would be without
family links and unable to benefit from an informal social safety net, relocation may not be
reasonable, unless the person would otherwise be able to sustain a relatively normal life at
more than just a minimum subsistence level.
30. If the person would be denied access to land, resources and protection in the proposed
area because he or she does not belong to the dominant clan, tribe, ethnic, religious and/or
cultural group, relocation there would not be reasonable. For example, in many parts of
Africa, Asia and elsewhere, common ethnic, tribal, religious and/or cultural factors enable
access to land, resources and protection. In such situations, it would not be reasonable to
expect someone who does not belong to the dominant group, to take up residence there. A
person should also not be required to relocate to areas, such as the slums of an urban area,
where they would be required to live in conditions of severe hardship.
D.
Relocation and internally displaced persons
31. The presence of internally displaced persons who are receiving international assistance in
one part of the country is not in itself conclusive evidence that it is reasonable for the claimant
to relocate there. For example, the standard and quality of life of the internally displaced are
often insufficient to support a finding that living in the area would be a reasonable alternative
to flight. Moreover, where internal displacement is a result of “ethnic cleansing” policies,
denying refugee status on the basis of the internal flight or relocation concept could be
interpreted as condoning the resulting situation on the ground and therefore raises additional
concerns.
32. The reality is that many thousands of internally displaced persons do not enjoy basic
rights and have no opportunity to exercise the right to seek asylum outside their country.
Thus, although standards largely agreed by the international community now exist, their
implementation is by no means assured in practice. Moreover, the Guiding Principles on
Internal Displacement specifically affirm in Principle 2(2) that they are not to be interpreted as
“restricting, modifying or impairing the provisions of any international human rights or
international humanitarian law instrument or rights granted to persons under domestic law”
and in particular, they are “without prejudice to the right to seek and enjoy asylum in other
countries.” 11
III.
PROCEDURAL ISSUES
A.
Burden of proof
33. The use of the relocation concept should not lead to additional burdens on asylumseekers. The usual rule must continue to apply, that is, the burden of proving an allegation
rests on the one who asserts it. This is consistent with paragraph 196 of the Handbook which
states that
… while the burden of proof in principle rests on the applicant, the duty to ascertain and
evaluate all the relevant facts is shared between the applicant and the examiner.
Indeed, in some cases, it may be for the examiner to use all the means at his [or her]
disposal to produce the necessary evidence in support of the application.
11
See also W. Kälin, Guiding Principles on Internal Displacement: Annotations, Studies in Transnational
Legal Policy No. 32, 2000 (The American Society of International Law, The Brookings Institution, Project
on Internal Displacement), pp. 8-10.
7