In its ruling, the AU cited Principle 5. It calls on states to prohibit forced eviction, demolition of houses and destruction of agricultural areas, and the confiscation of land as punishment or as an instrument of war. The principles say governments should prevent displacement, even when threatened by people, corporations and other non-state actors.

The African Commission’s ruling calls on the Government of Sudan to provide conditions for the safe return of IDPs and refugees and to establish “a National Reconciliation Forum that would, among others, resolve issues of land, grazing and water rights….”

The Pinheiro Principles also influenced the Kampala Convention. African signatories to it commit to protecting and helping IDPs return safely – and voluntarily – to their homes and to recognize the right of returnees to their property, or to compensation.

Peace agreements

Huggins said there are efforts to have the principles be part of peace agreements. For example, the principles encouraged the inclusion of property rights and housing issues in the Comprehensive Peace Agreement, CPA, that ended fighting between north and south Sudan in 2005.

"[Several] international actors like the UN Food and Agriculture Organization did a number of studies on southern Sudan and identified potential problems regarding to post conflict land disputes and the rights and livelihoods of returning IDPs and refugees, and those studies fed into the CPA for Sudan," he said.