14 July 2010 Ms. Iveta Radicova Prime Minister Námestie slobody 1 813 70 Bratislava SLOVAK REPUBLIC Re: Threatened forced evictions in Plavecký Štvrtok
Dear Prime Minister, The Centre on Housing Rights and Evictions (COHRE) is an international human rights non‐governmental organisation based in Geneva, Switzerland, with offices throughout the world. COHRE has consultative status with the United Nations and works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions. COHRE also has consultative status with the Council of Europe. COHRE is gravely concerned about the threat of forced eviction of the long‐standing Romani community in the municipality of Plavecký Štvrtok. This community consists of 105 households and is made up of 536 persons including more than 200 children below the age of 15. The community is now under threat of imminent forced eviction although the reasons for the eviction have not been established pursuant to international human rights obligations binding upon the Slovak Republic. COHRE reiterates that the international community has repeatedly referred to forced eviction as a gross violation of human rights, particularly affecting the right to adequate housing.1 In its General Comment No. 4, the United Nations Committee on Economic, Social and Cultural Rights states that “the instances of forced eviction are prima facie incompatible with the requirements of the International Covenant on Economic, Social and Cultural Rights (ICESCR)” and that “notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats”.2 1
Commission on Human Rights, resolutions 1993/77 and 2004/24. Committee on Economic, Social and Cultural Rights, General Comment 4, The right to adequate housing, (Sixth session, 1991), U.N. Doc. E/1992/23, annex III at 114 (1991), reprinted in Compilation 2
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This clause makes clear that even those in informal situations have a degree of security of tenure that prevents forced eviction. Indeed, the European Court of Human Rights, for example in the case of Öneryildiz v. Turkey, has held that persons in informal settlements should be protected from forced eviction. The Slovak Republic succeeded to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on 28 May 1993. As a State Party to the ICESCR, it is bound to comply with the State Party obligations contained within this international treaty, including the obligations to respect, protect and fulfil the right to adequate housing enshrined in Article 11. COHRE would like to draw your attention to the fact that under international human rights law, evictions can never be considered as lawful, unless they satisfy certain legal requirements as articulated in General Comments numbers 4 and 7 of the Committee on Economic, Social and Cultural Rights. These are: First, evictions may only occur in very “exceptional circumstances” and in accordance with the relevant principles of international law.3 Second, authorities must ensure, prior to any planned evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with affected persons, with a view to avoiding, or at least minimizing, the need to use force.4 Third, in those rare cases where eviction is otherwise considered justified, it must be carried out in strict compliance with international human rights law and in accordance with general principles of reasonableness and proportionality. These include, inter alia: • Genuine consultation with those affected; • Adequate and reasonable notice for all affected persons prior to the scheduled date of eviction;
of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 18 (2003). 3 Id. 4 Committee on Economic, Social and Cultural Rights, General Comment 7, Forced evictions, and the right to adequate housing, para. 14, (Sixteenth session, 1997), U.N. Doc. E/1998/22, annex IV at 113 (1997), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 45 (2003).
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• Information on the proposed evictions, and where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; • Especially where groups of people are involved, government officials or their representatives to be present during an eviction; • All persons carrying out the eviction to be property identified; • Evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; • Provision of legal remedies; and • Provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.5 Finally, even if the above conditions have been met, evictions should not result in rendering individuals homeless or vulnerable to the violation of other human rights. Where those affected are unable to provide for themselves, the authorities must take all appropriate measures, to the maximum of its available resources, to ensure that adequate alternative housing, resettlement or access to productive land, as the case may be, is available.6 Furthermore, evictions cannot be undertaken in a discriminatory manner.7 In the case of the Romani community of Plavecký Štvrtok, the authorities have not established that the “most exceptional circumstances” exist allowing for eviction. Furthermore, feasible alternatives to eviction that could meet those circumstances have not been explored in consultation with the effected community. Finally, also in contravention of the above‐mentioned international human rights obligations, the municipality has decided not to provide alternative housing to those facing eviction and thus those evicted will be rendered homeless. As a State Party to the International Convention on the Elimination of All Forms of Racial Discrimination, succeeded to by the Slovak Republic on 28 May 1993, the Slovak Republic and its political subdivisions are also legally obligated “to act firmly against any discriminatory practices affecting Roma, mainly by local authorities and private owners, with regard to taking up residence and access to housing [and] to act firmly against local measures denying residence to and unlawful expulsion of Roma.”8
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Id. at para. 16. Id. at para. 17. 7 See Article 2(2) of the International Covenant on Economic, Social and Cultural Rights. 8 Committee on the Elimination of Racial Discrimination, General Recommendation No. XXVII: Discrimination against Roma (adopted 16 August 2000). 6
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Again, it is essential and legally required that the above human rights framework be applied in this case, including the requirement that all feasible alternatives to eviction are explored in consultation with affected persons.
Sincerely,
Salih Booker Executive Director Centre on Housing Rights and Evictions (COHRE) cc:
Ms. Lucia Zitnanska Minister of Justice Zupne namestie 13 813 11 Bratislava SLOVAK REPUBLIC Mayor Ivan Slezak Obecny urad Plavecky Stvrtok 900 68 Plavecký Štvrtok c. 172 SLOVAK REPUBLIC Mr. Daniel Lipsic Minister of Interior Pribinova 2 812 72 Bratislava SLOVAK REPUBLIC Municipal Council Obecny urad Plavecky Stvrtok 900 68 Plavecký Stvrtok c. 172 SLOVAK REPUBLIC Committee on the Elimination of Racial Discrimination Human Rights Treaties Division Office of the High Commissioner for Human Rights Palais Wilson ‐ 52, rue des Pâquis CH‐1202 Geneva SWITZERLAND
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